Backup Documents 04/09/2013 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A "":
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office -2.1t3
4. BCC Office Board of County GO ■rt4
Commissioners /$-1 y:\vZ\\-�
5. Minutes and Records Clerk of Court's Office ? , ,/1216 3
PRIMARY CONTACT INFORMATION �1t
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Sonja Stephenson Phone Number 252-5880\i
Contact/ Department
Agenda Date Item was April 9th,2013 Agenda Item Number 16A6
Approved by the BCC
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? S.S.
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed S.S.
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the S.S.
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's S.S
signature and initials are required.
7. In most cases(some contracts are an exception),the origins document and this routing slip N/A
should be provided to the County Attorney Office at the ti a the item is input into SIRE.
Some documents are time sensitive and require forwar • g to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be re of your deadlines!
8. The document was approved by the BCC on 4-2013 and all changes made during S.S.
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the S.
BCC,all changes directed by the BCC have been made,and the document is ready for h• �_ �°`L 'o-
Chairman's signature.
Please scan under LELY OUTFALL #51101 in the BMR Real Property Fob • hank :
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A6 6
MEMORANDUM
Date: April 12, 2013
To: Sonja Stephenson, Property Acquisition Specialist
Transportation Engineering Construction Management
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement (Parcel 271DE) for the
Lely Area Stormwater Improvement Project (#51101)
Attached for your records is a copy of the agreement referenced above
(Item #16A6), approved by the Board of County Commissioners on April 9, 2013.
The original will be held on file in the Minutes & Records Department for the
Board's Official Record.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
16A6
PROJECT: LASIP Haldeman Ditch Project (51101)
PARCEL No(s): 271 DE
FOLIO No(s): 53002400008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this�{� day of Y�� , 20 t , by and between
JAMES M. STANLEY AND BOBBYE S. STANLEY, husband and wife, whose mailing
address is 2457 Dorset Court, Naples, Florida 34112 (hereinafter referred to as "Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual,
non-exclusive drainage, access and maintenance easement over, under, upon and across
the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is
attached hereto and made a part of this Agreement; and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. Owner shall convey the Easement to County for the sum of:
$14,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant or funds wire transfer, shall be full
compensation for the Easement conveyed, including all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final settlement
of any damages resulting to Owner's remaining lands, costs to cure, including but not
limited to the cost to relocate the existing irrigation system and other improvements,
and the cost to cut and cap irrigation lines extending into the Easement, and to
remove all sprinkler valves and related electrical wiring, and all other damages in
connection with conveyance of said Easement to County, including all attorneys'
fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easement, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Easement upon their recording in
the public records of Collier County, Florida. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy of
any existing title insurance policy and the following documents and instruments
properly executed, witnessed, and notarized where required, in a form acceptable to
County (hereinafter referred to as "Closing Documents"):
16A6
Page 2
(a) Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and/or title company.
4. Both Owner and County agree that time is of the essence. Therefore, Closing shall
occur within ninety (90) days of the date of execution of this Agreement or within
thirty (30) days of County's receipt of all Closing Documents, whichever is the later.
This agreement shall remain in full force and effect until Closing shall occur, until and
unless it is terminated for other cause. At Closing, payment shall be made to Owner
in that amount shown on the Closing Statement as "Net Cash to the Seller."
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from County. Owner acknowledges that
County has compensated Owner for the value of the Improvements and yet County
is willing to permit Owner to salvage the Improvements as long as their retrieval is
performed before construction and without interruption or inconvenience to the
County's contractor. All Improvements not removed from the Easement prior to
commencement of construction of the project shall be deemed abandoned by
Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and County agree to do all things which may be required to give effect to this
Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
6 A 6
age 3
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h) The property underlying the Easement, and all uses of the said property,
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easement
except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easement to be sold to the County, that
the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the County against and from,
and reimburse the County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and
attorney fees and expenses whether in court, out of court, in bankruptcy or
administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the County by reason or arising out of the breach of any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
16A6
Page 4
9. County shall pay all fees to record any curative instruments required to clear title, and
all Easement instrument recording fees. In addition, County may elect to pay
reasonable processing fees required by lien-holders and/or easement-holders in
connection with the execution and delivery of a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the property underlying the
Easement; provided, however, that any apportionment and distribution of the full
compensation amount in Paragraph 2 which may be required by any mortgagee, lien-
holder or other encumbrance-holder for the protection of its security interest, or as
consideration due to any diminution in the value of its property right, shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from the
compensation payable to the Owner per Paragraph 2. However, should the Mortgage
holder request the entire amount as referenced in Paragraph 2, the Agreement is null
and void. County shall have sole discretion as to what constitutes "reasonable
processing fees."
10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
the date of Closing. Furthermore, in accordance with the exemptions provided for in
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes
by County, Owner shall pay all documentary stamp taxes required on the
instrument(s) of transfer.
11. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
12. If the Owner holds the property underlying the Easement in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity
whatsoever for others, Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for
perjury, of the name and address of every person having a beneficial interest in the
property underlying the Easement before the Easement held in such capacity is
conveyed to County. (If the corporation is registered with the Federal Securities
Exchange Commission or registered pursuant to Chapter 517, Florida Statutes,
whose stock is for sale to the general public, it is hereby exempt from the provisions
of Chapter 286, Florida Statutes.)
13. Conveyance of the Easement, or any interest in the property underlying the
Easement, by Owner is contingent upon no other provisions, conditions, or premises
other than those so stated herein; and this written Agreement, including all exhibits
attached hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein. No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Owner and County
expect a large Banyan tree that comprises three trees straddles the middle portion of
the 11' easement and the property. The portion of the Banyan tree that is located on
the property will be trimmed and topped and the portion that is located in the
easement will be removed. A Buttonwood tree that also straddles the easement will
be trimmed and will remain on the property. Any portion of both of these trees located
in the easement will be removed. The intent of trimming the trees will remove any
rotten areas and promote a healthy survival rate. All other vegetation in the easement
will be removed.
14. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by such invalidity.
1 6 A 6
Page 5
15. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: t-I i i2,1
AT-17pr " ` :;.j BOA - ■ •F COU TY COMMISSIONERS
DWIGHT E. BfOC , Clerk CO O , FLORIDA
f.f j
BY: , I A
Ast as ta,,GRaputy Clerk G'.*r•V: iller, Esq. Chairwoman
siikttk re.only.' y v'"''
AS TO OWNER:
DATED: 13 " `i - :9.0 1 / /
L/L1/� i i • 0
t
• ness (Signature) //AMES M. STANLEY
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Witness (Signature) BOBBYE '. STANLEY
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Approved as to form and Item# ( lam`
legal sufficiency: Agenda �1.4 (01 (L5
Date
Date qI(�I3
Re ,.
Jeff Illy right
Assis ant County Attorney 4' '
Deputy Clerk
Last Revised:04/20/2012
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SEE SHEET 2 FOR DESCRIPTION, NOTES, AND CERTIFICATION
pMMWGLtSUMVE0.D7.w....... 7l...0 NOT A BOUNDARY SURVEY
ATKINS 10T PA,f SCOUT CNUGInµ JAR 05 tDlj ,�NO ,�,a�z�
BLVD LELY AREA STORM WATER REVISIONS. Da�wN ,,,,,,
SUITE 700 IMPROVEMENT PROJECT(LASIP 19B) )MU+cn+2o+2
QIECKED __MLA
TAMPA,f( 33607 DRAINAGE EASEMENT SKETCH )� « PJM
ATKINS NORTH AMERICA.INC. (813)282-7275 AND DESCRIPTION )"
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER 1.821 •1 SHEET: 1 OF 2
EXHIBIT
Page apt
SECTION 7,TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION
DRAINAGE EASEMENT PARCEL 271DE
A PORTION OF LOT 7, BLOCK "Q" OF KINGS LAKE UNIT NO. 3 AS RECORDED IN PLAT BOOK 13, PAGE 33, OF THE
PUBUC RECORDS OF COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTH 1/4 CORNER OF SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE S89'58'40"W
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 89.20 FEET TO THE
WESTERLY LINE OF SAID LOT 7; THENCE N20'31'20'W, ALONG SAID WESTERLY LINE, 11.74 FEET; THENCE N89'58'40"E,
93.21 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE S0O'34'11"E, ALONG SAID
EAST LINE, 11.00 FEET TO THE POINT OF BEGINNING.
SUBJECT LANDS CONTAINING 1003 SQUARE FEET, MORE OR LESS.
SURVEYOR'S NOTES
1. THE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENTATION ONLY AND DOES NOT REPRESENT A BOUNDARY
SURVEY.
2. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WITH THE PREPARATION OF THIS DRAWING.
3. BEARINGS SHOWN ARE ASSUMED, BASED ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 7, SAID
LINE BEARS 589'58'40"W.
4. LEGAL DESCRIPTION PREPARED BY ATKINS.
5. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH.
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET
FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE
CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
THIS SKETCH AND LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
Q 2011 ATKINS NORTH AMERICA, INC.
LICE) BUST ' SS 24
ALL RIGI)T$"1/t5 VED
Peter J. Mattson
Professional Surveyor do Mopper Registration No. 6290
State of Florida
SEE SHEET 1 FOR SKETCH
.1w.f„,w,,,.,,.o yw,,R.,,, NOT A BOUNDARY SURVEY
AT K I NS.�° PA,FL 3au7 o��IN�L: ,µ�.�,j KIII NO 1g101872j
etvo LELY AREA STORM WATER 2e+nsio s: a,,,,,,,, PAM
SUITE 700 IMPROVEMENT PROJECT(LASIP 198) '""'aM7 20'�
Dealt) r>K
TAMPA,FL 33607 DRAINAGE EASEMENT SKETCH �' QC .IM
ATKINS NORTH AMERICA.INC. (813)282.7278 AND DESCRIPTION
SHEET: 2 OF 2
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER 1824