Backup Documents 01/24/2012 Item #16A12ORIGINAL DOCUMENTS CHECKLIST & ROUTIN IA 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENA
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 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 throu routing lines #I through #4, complete the checklist, and forward to Ian Mitchell (line #5). -
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2
3
4. -1 i= F F w R i cH T-
A
5. Ian Mitchell, BCC Supervisor
6. Minutes and Records
Cou/.cTY ATTc:,t2t-i c-
Board of County Commissioners
Clerk of Court's Office
I-Vv9 11-L I
2 -2-j
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of fie addressees above, including Ian Mitchell, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Kee 1 --J / -A �pt2 C jet
Phone Number
Agenda Date Item was
roved b the BCC
J �� Z ZU Z
Agenda Item NumbeA
#16A �" 1
Type of Document
Lrf,- it�se -A PC 41 A tNT �2�
Number of Original
Z
Attached
T. ES 'DosA�i -,o,�
DocumentsAttached
3�
1NCTR1TCTTl1NC X. !"uturrrr ro r
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09
16 A 12
MEMORANDUM
Date: March 14, 2012
To: Kevin Hendricks, Right -of -Way Manager
Transportation Engineering & Construction Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Certified Recorded Agreement w /Abbington Village Condo Assoc.
LASIP — Agreement Parcel #261DE (Naples Manor North Canal)
Certified Recorded Easement w /Abbington Village Condo Assoc.
LASIP — Easement Parcel #DE01 (Naples Manor North Canal)
Attached for your records, are certified copies of the documents referenced above,
(Item #16Al2) approved by the Board of County Commissioners January 24, 2012.
The Minutes and Records Department will hold the original easement and agreement
in the Board's Official Records.
If you have any questions, please call me at 252 -8406.
Thank you.
Attachment
16 A 12
PROJECT: LASIP 51101 (Naples Manor North Canal)
PARCEL No(s): 261 DE
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and
entered into on this 1.4 day of 20 IZ , by and ABBINGTON
VILLAGE CONDOMINIUM ASSOCIATI N, INC. a Florida not - for - profit corporation,
whose mailing address is c/o Guardian Property Management, 6704 Lone Oak
Boulevard, Naples, Florida, 34109 (hereinafter referred to as "Association ") and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o 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 recognizes the benefit to Owner and desires to convey the
Easement to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no monetary compensation shall be due and payable
for the Easement requested by County.
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, in a form acceptable to County and
at no cost to the County, unless otherwise stated herein. Said conveyance
(Owner's delivery to County of a properly executed easement instrument) is
hereinafter referred to as the "Closing."
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and /or qualifications encumbering the Property, 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. Owner shall
provide such instruments, properly executed, to County on or before the date of
Closing.
INSTR 4665203 OR 4771 PG 1025
RECORDED 3/6/2012 11:30 AM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $44.00
16Al2
4. Both Owner and County agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement by
the County; provided, however, that County shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove or release any and all such liens, encumbrances
or qualifications affecting County's enjoyment of the Easement. Such right to
extend may be exercised by the County Manager or his designee for an additional
term not exceeding ninety (90) days without further Board action. All additional
extensions must be Board approved. At Closing, Owner shall deliver the Closing
Documents to County in a form acceptable to County.
5. 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 mortgagees 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.
6. County shall, as part of its Canal Improvement project, relocate onto Owner's
property, south and west of Building G and North and East of the Easement, the
large Royal Palm presently located within the proposed Easement area.
7. 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.
8. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Last Revised: 03/30/11
16Al2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED; Z - Z
A"EST:
_DWIGHT Fz,. B F�
QCK, Clerk
��� ysClerk
�>
AS TO ASSOCIATION:
WITNESSES:
(Sign ture)
WCRMJX L. SWW
(Print full name)
( gnature)
(Print full name)
Approved as to form and
legal6 ficiency: \
Je VWri ht
'sta t County Attorney
As
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: lua W
FRED W. COYLE, Chairma
ABBINGTON VILLAGE CONDOMINIUM
ASSOCIATION, INC., a Florida
not - for - profit corporation
By:
(Sitnatur
(Pr' t f II name)
Z, I s ^ T
(Corporate Title)
Agenda i �
Date �a � ±
Date ' )
Rar.'d
Last Revised: 03/30/11 1_
r
16Al2
LEGAL DESCRIPTION
(DE01: DRAINAGE EASEMENT)
A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA;
THENCE ALONG THE WEST LINE OF SAID SECTION 20, NO2'46'34 "E FOR A DISTANCE OF 112.34 FEET, TO A
POINT ON THE NORTHERLY BOUNDARY OF A DRAINAGE EASEMENT, AS SHOWN ON THE PLAT OF LELY GOLF
ESTATES ST. ANDREWS WEST, RECORDED IN PLAT BOOK 10, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, S39'06'20 "E FOR A DISTANCE OF
15.01 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, THE FOLLOWING TWO (2) DESCRIBED
COURSES:
1) THENCE S39'06'20 "E FOR A DISTANCE OF 33.34 FEET;
2) THENCE S89'30'52 "E FOR A DISTANCE OF 25.95 FEET;
THENCE LEAVING THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, N39'06'20 "W FOR A DISTANCE OF
72.17 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF A 10.00 FOOT WIDE UTS EASEMENT, PER
ABBINGTON VILLAGE, A CONDOMINIUM, RECORDED IN CONDOMINIUM BOOK 35, PAGE 15 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EASTERLY BOUNDARY OF SAID UTS EASEMENT, S02'47'10 "W FOR A DISTANCE OF 29.95
FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 1055.1 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
V,
MICHAErW. ,WARS` DATE tIGNED
FLORIDA PROFESS11ONA�,' LAND. SURVEYOR CERTIFICATE No. LS# 5301
NOT VALID WITH - VT � Si.GNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORID',' LI#'iM$P1 SL &YQR :AND MAPPER.
THIS M5 "N# A StiUR
Jawory 19, 2012 10:2a A4 WI \2009 \000220.01.00 Napfm Honor Nam cons Dair (IASIP) \0001 SkItM MM upW Daiorip0on Pnpm tion \3k1ten And Daxriptkwu Rw01 \0W22001000E01- Rn0l.aw9
PROJECT: LASIP — NAPLES MANOR NORTH CANAL D��/ �INCP as
v(seau .
LEGAL DESCRIPTION CONSULTING . smveyvig
PARCEL DE01 (DRAINAGE EASEMENT) 6610 Willow Park Drive, Suite 200
PREPARED FOR: COLLIER COUNTY Naples, Florida
Phone: (239)597 -0575 FAX: : (23 (23
9)597 -0576
LB No.: 6952
Ui1 RI VISION S (, :!0N I T&NNSIflP I �AN(',i SCATS !)A4_ DRAWN [3Y h[t NAM[ SiiFf
990220.01.00 1 20 50S 26E N/ 1/19 12 R.A.K. DE01 —Rev01 1 2
W E
S
0 20 40
lm� 09
GRAPHIC SCALE
1 "- 40'
A PORTION OF TRACT J,
O.R. 1108 PG. 140
DRAINAGE 29,95'
EASEMENT PER S02- 47 -10"W
P.B. 10 PG. 93
S39'06'20 "E
15.01 '
O.R. 3508 PG.
3204
PARCEL NO.
55150680008
SECTION 19 TWP. 50S RGE. 26E
SECTION 30 TWP. 50S RGE. 26E
O.R. 3508 PG.
3204
PARCEL NO.
55150680008
M-
O.R. 2318 PG.
2263
PARCEL NO.
00439400006
LEGEND
POC =
POINT OF COMMENCEMENT
POB =
POINT OF BEGINNING
O.R. =
OFFICIAL RECORDS BOOK
PG. =
PAGE
P.B. =
PLAT BOOK
C.B. =
CONDOMINIUM PLAT BOOK
NO. =
NUMBER
SF = SQUARE FEET
®
= DRAINAGE EASEMENT (DE)
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16 A 12
ABBINGTON VILLAGE
CONDOMINIUM BOOK 35, PG. 15
0�,
s 10 DE01
1055.1 SF
S89'30'52 "E
25.95'
10' UTS EASEMENT
PER C.B. 35 PG. 15
SECTION 20 TWP. 50S RGE. 26E
SECTION 29 TWP. 50S RGE. 26E
POC
S.W. CORNER OF
SECTION 20
1
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Jmw 19. 2012 10:28 AM W. \2000 \090220.01.00 NWi" At n North Canal Dmdyn (LASW) \0002 Skftch And Lpol 008cription pnpmotion \Sketch And Dweriptiont Rrh01 \09022001000E01- Mr01.O�p
PROJECT: LASIP - NAPLES MANOR NORTH CANAL "DIVA M=.
SKETCH OF LEGAL DESCRIPTION CONSULTING CSvil Fngimming
i %. T TL a &Vverng & mwwg
PARCEL DE01 (DRAINAGE EASEMENT) 6610 Willow Park Drive. Suite 200
Naples, Florida 34109
PREPARED FOR: COLLIER COUNTY Phone: (239) 597 -0575 FAX: (239) 597 -0578
LB No.: 6952
? N1,!M!31 _ VS'("I Si ('''ON IOWNS!!i!' 2AV( i :k JAI! DRAWN HY NAM[
990220.01.00 1 20 50S 26E 1 " = 40' 1 19 12 R.A.K. DE01 -Rev01 2 " 2
INSTR 4665204 OR 4771 PG 1030 16 A 12
RECORDED 3/6/2012 11:30 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $35.50
DRAINAGE, ACCESS AND MAINTENANCE EASEMENT
THIS EASEMENT, made and entered into this X14` day of
2012, by ABBINGTON VILLAGE CONDOMINIUM
ASS CIATION, INC. a Florida not - for - profit corporation, whose mailing address is c/o
Guardian Property Management, 6704 Lone Oak Boulevard, Naples, Florida, 34109
(hereinafter referred to as "Grantor "), to COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office
of the County Attorney, Suite 800, Naples, Florida 34112, (hereinafter referred to as
"Grantee ").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee a
perpetual, non- exclusivedrainage, access and maintenance easement over, under,
upon and across the following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land and to place and /or excavate materials for the purpose of
constructing, operating, and maintaining drainage structures and facilities, including but
not limited to canals, ditches, swales, earthen berms, rip -rap and retaining wall
systems, underground pipes, and various types of water control structures within the
easement area. This easement includes the right to remove and use any and all
excavated material and to construct and maintain a stabilized roadbed facility capable
of providing access for vehicles and equipment for perpetual maintenance of drainage
facilities thereon and adjacent thereto. The easement granted herein shall constitute
easements running with the land and shall burden the lands described above.
16Al2
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
CONDOMINIUM
Wit ss (Signature)
MICHELLE L. SWEET
Name (Print or Typ
WftVess (Signaturef
C� 4 ,,t 61x
Name (Print or Type)
STATE OF , ,91 ,(4
COUNTY OF
ABBINGTON VILLAGE
ASSOCIATION, INC., a Florida
Not - for - profit corporation
BY
Gary rcych, President
The foregoin Drainage, Access and Maintenance Easement was acknowledged before
me this L day of J&,, , 2012, by Gary Hyrcych, as President of
Abbington Village Condominium Association, Inc., a Florida not - for - profit corporation,
who:
is personally known to me
OR
produced L �V
identity.
(affix notarial seal)
XICHELLE L. SWEET
Y COMMISSION # DD852284
EXPIRES March 06, 2013
FI. Nonry D�scoura Ater, Cc
ig u of Notary ublic)
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
proof of
LEGAL DESCRIPTION
(DE01: DRAINAGE EASEMENT)
A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA;
THENCE ALONG THE WEST LINE OF SAID SECTION 20, NO2'46'34 "E FOR A DISTANCE OF 112.34 FEET, TO A
POINT ON THE NORTHERLY BOUNDARY OF A DRAINAGE EASEMENT, AS SHOWN ON THE PLAT OF LELY GOLF
ESTATES ST. ANDREWS WEST, RECORDED IN PLAT BOOK 10, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, S39'06'20 "E FOR A DISTANCE OF
15.01 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, THE FOLLOWING TWO (2) DESCRIBED
COURSES:
1) THENCE S39'06'20 "E FOR A DISTANCE OF 33.34 FEET;
2) THENCE S89'30'52 "E FOR A DISTANCE OF 25.95 FEET;
THENCE LEAVING THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, N39'06'20 "W FOR A DISTANCE OF
72.17 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF A 10.00 FOOT WIDE UTS EASEMENT, PER
ABBINGTON VILLAGE, A CONDOMINIUM, RECORDED IN CONDOMINIUM BOOK 35, PAGE 15 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EASTERLY BOUNDARY OF SAID UTS EASEMENT, S02'47' 10 "W FOR A DISTANCE OF 29.95
FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 1055.1 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
MICHAEL #A. WARD DATE �IGNED
FLORIDA PROFESSIONAL LAND SURVEYOR CERTIFICATE No. LS# 5301
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
THIS IS NOT A SURVEY.
is, 2012 10;25 AN w: \2WS \010220.01.00 Na#n Minor Norte Cony Ortpn aAW) \0004 Sh fth And E." 0...*1. Phpa,ot,y„ \Se.h{, Ad 0 y ft"f \09022000000E01- 11OW1.d,
PROJECT: LASIP — NAPLES MANOR NORTH CANAL WNIAIAC � �LEGAL DESCRIPTION i ` T ♦L . "'0'>
PARCEL DE01 (DRAINAGE EASEMENT) 6610 W slow Park Dine, sues 200
PREPARED FOR: COLLIER COUNTY Napes, FWft 34108
Phone: (239) 597 -0575 FAX: (239) 597.0576
LB No.: 5962
.'1" 111 i ...
990220.01.00 1 20 50S 26E N A 1 19/ 12 R.A.K. DEO1 —Rev01 1 ^1 2
N
W E
S
0 20 40
GRAPHIC SCALE
1'- 40'
A PORTION OF TRACT J,
O.R. 1108 PG. 140
DRAINAGE 29.95'
EASEMENT PER S02- 47.10"W
P.B. 10 PG. 93
S39'06'20 "E
15.01'
-m
(n
p
—+ N
CO O
tr to
O O
0 0
m m
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0) 0)
m m
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O.R. 3508 PG. '0
3204 N
PARCEL NO.
55150680008 Z
SECTION 19 TWP. 50S RGE. 26E
SECTION 30 TWP. 50S RGE. 26E
O.R. 3508 PG.
3204
PARCEL NO.
55150680008
O.R. 2318 PG.
2263
PARCEL NO.
00439400006
16Al2
ABBINGTON VILLAGE
CONDOMINIUM BOOK 35, PG. 15
-!Llp
dull _k DEO1
'' 1055.1 SE
0
S89'30'52 "E
25.95'
10 UTS EASEMENT
PER C.B. 35 PG. 15
SECTION 20 TWP. SOS RGE. 26E
SECTION 29 TWP. SOS RGE. 26E
Poc
S.W. CORNER OF
SECTION 20
LAKE PER P.H. 3 PG. 57
NAPLES MANOR UNIT NO. 1
N
O
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v
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0
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po
LEGEND BLOCK 2
POC = POINT OF COMMENCEMENT NAPLES MANOR UNIT NO. 1
POB = POINT OF BEGINNING P.B. 3 PG. 57
O.R. = OFFICIAL RECORDS BOOK
PG. = PAGE
P.B. = PLAT BOOK
C.B. = CONDOMINIUM PLAT BOOK
NO. = NUMBER 8
SF = SQUARE FEET
= DRAINAGE EASEMENT (DE)
hnuary 19. sou IGM AM Wt \2009 \090220.01.00 NW" MOW M*dh canal NOW (t W)NOW2 VAtO Ana Lpat D. o`Ot; n PmPwW' - \9wtM And o..a. ;6n. IMr01\0002Z00100Ml— R,41_d q
PROJECT: LASIP — NAPLES MANOR NORTH CANA111A �c�
SKETCH OF LEGAL DESCRIPTION i ` i e
PARCEL DE01 (DRAINAGE EASEMENT) W10wmow Park Drhro, Suits 200
PREPARED FOR: COLLIER COUNTY Na97-0575riFAX: ( 3
Phone: (239) 597-0575 FAX: (299) 597.0578
LS No.: 8952
990220.01.00 1 20 50S 26E 1" = 40' 1119/12 R.A.K. DE01 —Rev01 2 c 2