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Backup Documents 09/11/2018 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 0 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **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. Jennifer A. Belpedio, Esq. Asst. County Attorney � (� County Atty. C id`> C 113111 County Attorney's Office 2. BCC Office Board of County `j Commissioners if / / 1-111-1? 3. Minutes and Records Clerk of Court's Office ,P4i)tik PRIMARY CONTACT INFORMATION 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 C.Perry Peeples Phone Number 239-252-8073 Contact/Department Agenda Date Item was September 11,2018 Agenda Item Number 16.D.1 Approved by the BCC _ Type of Document Revocable Easement Purchase Agreement Number of Original 1 Attached Documents Attached PO number or account number if document is N/A 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. �(Innittiial) Applicable) 1. Does the document require the chairman's original signature? S vw f ©� �"'� I (?t 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 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 CPP 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 CPP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on September 11,2018,and all changes made CPP during 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 n BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 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 1 =601 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, September 14, 2018 4:10 PM To: PeeplesPerry Subject: Item#16D1 (9-11-2018 BCC Meeting) Attachments: Backup Documents 09_11_2018 Item#16D 1.pdf Hi Perry, A signed copy of Agenda Item #16D1, from this past Tuesday's 13CC Meeting is attached for your records. Thank you! Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Collier County Value Adjustment Board 23 9-252-8406 Memorandum ' l TO: Minutes & Records Management FROM: C. Perry Peeples, Real Property Management DATE: September 11, 2018 RE: CAT-Shelter Easement - #70 On September 11, 2018, the BCC approved Agenda Item 16.D.1, authorizing the current Chairman to sign a Revocable Easement Purchase Agreement accepting a Revocable Easement for the improvement of Collier Area Transit Stop # 70 to construct a shelter. Attached is the original Revocable Easement Purchase Agreement for attestation. Please attest to Commissioner Solis' signature as Chairman on the Revocable Easement Purchase Agreement and return a copy to me at perrypeeples@colliergov.net. Please contact me if you have any questions or comments at Extension 8073. Thank you. 1601 PROJECT: CAT SHELTER EASEMENT PARCEL: 1033 Airport Pulling Rd. S. FOLIO: 63501200003 REVOCABLE EASEMENT PURCHASE AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between CIRCLE K STORES INC., a Texas corporation, (hereinafter referred to as "Owner"), whose mailing address is 12911 North Telecom Parkway, Tampa, Florida 33637, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, Purchaser requires a revocable, non-exclusive easement for the purpose of constructing, operating, maintaining,repairing and replacing paving and facilities associated with a bus stop and shelter over, under, upon and across the lands legally described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey to Purchaser a revocable non-exclusive easement for the stated purposes over such portion of the Property (the "Easement Area"), more particularly described by a metes and bounds description and a diagrammatic sketch indicating the Easement Area,on Exhibit"B"attached hereto and made a part of this Agreement; WHEREAS, Purchaser 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. Owner shall convey the revocable non-exclusive easement to Purchaser for the sum of Two Thousand and No/100 Dollars ($2,000.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). This payment is based on Owner's attorney fees in connection with this transaction in the amount of$2,000.00. Purchaser shall repair or replace all damage physically caused to Property as a result of Purchaser's work on and improvements to the Easement Area. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement Area, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement Area upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments,properly executed, to Purchaser on or before the date of Closing. r.. `� a O 1601 3. Purchaser may construct improvements over, under, in, along, across and upon the Easement Area that are reasonably related to both the purpose of the Easement and Purchaser's use and enjoyment of the Easement Area (the "Improvements"), upon receipt of the prior written consent of Owner, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, any Improvements made over, under, in, along, across and upon the Easement Area, shall not interfere with the Owner's, or any other occupant's, use and enjoyment of the Property. 4. Upon Owner's request, Purchaser shall provide Owner with as-built drawings and a survey showing the location and depth of the Improvements installed in the Easement Area. 5. Purchaser shall bear and promptly pay without the imposition of any lien or charge on or against all or any portion of the Property, all costs and expenses.incurred by Purchaser in connection with the construction and maintenance of the Improvements. Purchaser hereby acknowledges and agrees that if any lien is filed against the Property as a result of the Easement or Purchaser's activities in the Easement Area and Purchaser has not had such lien removed of record within thirty (30) days of the date of the initial filing of such lien, Purchaser shall be in default of this Agreement, and Owner shall have the right to exercise all of its remedies pursuant to this Agreement,at law and in equity. 6. Purchaser hereby assumes the obligation, including all costs and expenses, to maintain and repair the Easement Area. In addition to the foregoing, Purchaser shall perform necessary maintenance of the Easement Area as may be reasonably required. 7. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument, and all affidavits and resolutions required by Purchaser's title insurance provider, in a form acceptable to Purchaser. 8. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 9. To the best of Owner's knowledge, Owner represents that the property underlying the Easement, and all uses of 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 Purchaser; 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 Purchaser, that the Owner has not received notice and otherwise d 1 6 D 1 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. 10. Subject to the limitations of Section 768.28, Florida Statutes, Purchaser shall indemnify, defend and hold Owner harmless from and against any and all losses, costs, damages, liens, claims, liabilities or expenses (including, but not limited to, reasonable attorneys' fees, court costs and disbursements) incurred by Owner arising from or by reason of Purchaser's access to, or use of the Easement Area. 11. Purchaser shall pay for the cost of recording the conveyance instrument in the Public Records of Collier County, Florida. The cost of a title commitment shall be paid by Purchaser. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. 12. 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. 13. Purchaser shall maintain, at its expense, and keep in force at all times during the term of this Agreement, a policy of comprehensive general public liability insurance, including a contractual liability endorsement, and personal injury liability coverage, from an insurer reasonably acceptable to Owner, which shall include coverage against claims for any injury, death or damage to persons or property occurring on, in or about the Easement Area a combined single limit of not less than $1,000,000.00 with respect to the Easement Area and Purchaser's use therein. Owner and its agents, contractors, tenants and any other third parties required by Owner, shall be named as additional insureds on such insurance policies. Prior to making any entry onto the Property, Purchaser shall furnish to Owner: (a) a certificate of insurance evidencing the foregoing coverages, and providing that such insurance policy may not be cancelled on less than ten (10) days prior written notice to Owner; and(b)proof of payment of the insurance premium. 14. This Agreement and the Easement herein granted to Purchaser is fully terminable in accordance with the following terms and conditions: (a) in the event that Purchaser's Improvements are destroyed and Purchaser has no intent to replace same, or are permanently removed by Purchaser, this Agreement, and the Easement granted to Purchaser, may be terminated by Owner upon not less than thirty (30) days' advance written notice to Purchaser or (b) upon the default of the Purchaser in the performance of the covenants or agreements in this Agreement. Notwithstanding the foregoing, upon termination of this Agreement, Owner may cause to be recorded with the Clerk of Collier County, Florida a written Notice of Termination. 16D1 15. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the 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. 16. If 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, 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 Purchaser, its successors and assigns. (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.) 17. 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 dates set forth below. AS TO PURCHASER: DATE AGREEMENT APPROVED BY BCC: / a t / (F ATTEST: BOARD OF CO TY COMMISSIONERS CRYSTAL K. KI ZEL, COLLIER C► a , FLORID .1 Ct.ERK • , a C MOM erk - 0 Y SOLIS, Chairman Attest s , signature anti. Item# 0 (Signature page follows) Agenda 4,_ l \-�A Date I-.utyCl • 1 1601 AS TO OWNER: CIRCLE K STORES INC.. a Texas corporation DATED: 51,-) li /,_ , ) /I ( ..,,,•,.. I ., 4-ari Witness(Signature) Name: ztrul /Li t i r pluck . I Print: bCiv101 A9c8a4 (Print or Type) ... /--' / --' „,....--.A it,-ss(Signat. 92 Its: Vi CC, PrtSkOleAt ..__ • . e:_,:a_cr_Ars._(,-.,,, \,. —_,-) (Print or Type) Approved as to form and legality: q5 Jeg-411-r A. Belpedio '.. ) Assistant County Attorney c)_03N .Cs Pv S 1601 EXHIBIT A LOTS 1,2,3,4,5 AND 6, BLOCK C, NAPLES VILLAS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TAX IDENTIFICATION NUMBER: 63501200003 1601 "' N B EXHipiT _. Page of........5.--_- —_ o /0 20 40 60 1 61111EINSIEmmij GRAPHIC SCALE IN FEET POINSETTIA AVENUE POINSETTIA STREET(SO'RAV) 4P) --63* I U INE•405rE m a3 r11.50' 0 In g- i 16. ca. ( :7 d LI;1 NC vi: etd Z DI co Bi g/ 2 i 6 6 a g P.O.B. 1 3 SW CORNER \_SE/r2,21"W i-- 17 co zi z LOT 6,BLOCK C 11.50' (P.84.PG.7) . SOUTH LINE LOT 8.BLOCK C a (P.B.4,PG.7) 1 2 BED 0. X 1 ni 0 -;0;1 Lij LIU ai 8 <g Lcti a: ;3 1 4SEREVIATIONS (P)=MAT PG =PAGE PB •PLA-BOOK 008 •POiNT OF BEGINNING t•PLUS OR MENUS COLLIER COUNTY RAN=RIGHT OF WAY 1 T,AS DOCURENrCONRSTS CO 2 I*ETA w0 EACH vimr sPoti..Nor If CCAS CEP*"0 F lits, *&O 4M)'04•OtE7E STOP ID:70 \.. UNLESS•rtACrirt:r0 r4F OW)* CAPIONG e OWINICWM511.11 COLLAR AMA MOW,44M,111•1,1104.110.1•09,1111AMOill Of V.OVIRI,'WM;,H1/8011,'a. NOT A SOUNOARY SURVEY — — /1TKI NS XVI N W IOWA AVE MIPAIR R LEGAL DESCRIPTION 33172.1110, 0051/212 2223 SKETCH TO ACCOMPANY oinuanaa.. IN21,Tal. An No a mum ammo moss* 1CP Q OD A IIVNS NC)14 IN AMFRICA.INC I. FLORIDA CORRFICATT OF AUTHORMA VON MAURER 111124— Ilrilakearra'ali. 4' SHEET: 1 OF 2 1601 EXHIBIT =_ CAT STOP ID NUMBER 70 2.- SKETCH TO ACCOMPANY LEGAL DESCRIPTIONPs A_Z 'of�._ COLLIER COUNTY,FLORIDA G LEGAL DESCRIPTION: ALL THAT LOT,PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,BEING A PORTION OF LOT 8 IN IN BLOCK C OF'NAPLES VILLAS,'ACCORDING TO THE PLAT THEREOF,FIRST RECORDED AS'ROCK CREEK HARBOR,'IN PLAT BOOK 4 AT PAGE 7 AND THE NAME OF WHICH WAS SUBSEQUENTLY AMENDED TO'NAPLES VILLAS'BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,PURSUANT TO THE RESOLUTION RECORDED IN DEED BOOK 44 AT PAGE 285, ALL OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA, THE SAME BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS,VIZ. BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 6;THENCE N00'30'39'W ALONG THE WEST LINE OF SAID LOT 6 AS SHOWN ON SAID PLAT OF`NAPLES VILLAS'FOR 23.28 FEET;THENCE DEPARTING SAID WEST LINE OF LOT 8,N89'40'S6'E FOR 11.50 FEET;THENCE S00'3019'E FOR 23.22 TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 6,THENCE S$8'29'21'W ALONG SAID SOUTH LINE OF LOT 6 FOR 11.50 FEET TO THE POINT OF BEGINNING. SURVEYOR'S NOTES: SOURCES OP DATAILMfTATIONSIEXPRESS PURPOSE: 1 THE UNDERLYING PLAT AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.THE INTENT OF THIS DESCRIPTION IS TO REMAIN WITHIN THE BOUNDARIES OF THE PLATTED SUBDIVISION AS SHOWN HEREIN, 2 TAX ROLL ENTRIES PUBLISHED BY THE COLLIER COUNTY PROPERTY APPRAISERS OFFICE FOR THE 2015 TAX YEAR. 3 BEARINGS AS SHOWN HEREON ARE BASED ON A CALCULATED BEARING OF N00.3039W ALONG THE WEST LINE OF THE SUBJECT PROPERTY.THIS CALCULATION IS BASED ON THE NORTH AMERICAN DATUM OF 1963/2011 ADJUSTMENT(NADE3P11). 4 SINCE NO OTHER INFORMATION OTHER THAN WHAT IS CITED IN THE SOURCES OF DATA WERE FURNISHED,THE CLIENT IS HEREBY ADVISED THAT THERE MAY BE LEGAL RESTRICTIONS ON THE SUBJECT PROPERTY THAT ARE NOT SHOWN ON THE MAP OR CONTAINED WITHIN THIS REPORT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF COLLIER COUNTY OR THE RECORDS OF ANY OTHER PUBLIC AND PRIVATE ENTITIES AS THEIR JURISDICTIONS MAY APPEAR. 5.THIS 'SKETCH TO ACCOMPANY LEGAL DESCRIPTION' DOES NOT REPRESENT A FIELD BOUNDARY SURVEY. SAID DOCUMENT WAS PREPARED FOR THE EXPRESS PURPOSE OF CREATING AN EASEMENT FOR COLLIER COUNTY,FLORIDA. SURVEYOR'S CERTIFICATE: THE STATE OF FLORIDA ) )S.S. COUNTY OF MIAMI-DADE ) I HEREBY CERTIFY THAT THIS'SKETCH TO ACCOMPANY LEGAL DESCRIPTION'WAS PREPARED UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND FURTHER, THAT SAX) SKETCH MEETS THE INTENT OF THE APPLICABLE PROVISIONS OF THE 'STANDARDS OF PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA,'PURSUANT TO RULE 5.1-17 OF THE FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTING LAW,CHAPTER 472.027 OF THE FLORIDA STATUTES. ATKINS NORTH AMERICA.INC. FLORIDA CERTIFICATE OF AUTHORIZATION NO.L824 2001 NW 107 AVENUE MIAMI,FLORIDA 72 -0 BY DOUGLAS W.DEANS,PLS PROFESSIONAL LAND SURVEYOR NO 4140 STATE OF FLORIDA DATE OF CERTIFICATION.OCTOBER 31,2016 NOTICE:NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER ADDITIONS OR DELETIONS TO SURVEY MAPS AND REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES THIS NOTICE IS REQUIRED PURSUANT TO RULE 5.0-17 OF THE FLORIDA ADMINISTRATIVE CODE C2016-ATKINS NORTH AMERICA INC. AS SUCCESSOR IN NAME TO PB88J AU.RIGHTS RESERVED. COLLIER COUNTY T,., ,,AMMTCR7M�,,,,pEACJ4EI, SHALL INE FULL VALID COMPLETE STOP ID:70 MASSE ATTACED ro TEE 0174IM em,....4 COLIMAMIA,,.r/JaY.,wr1wow.o,sMAMA Wir0.are, .Mo.b'.. '.•rnr. NOT A BOUNDARY SURVEY AT K 1 N S Z04.1w 10711 AVE SKETCHTO ACCOMPANY ,� .�..� �,� AaAM.R �r ' 011A11111 LC P .13777-.1007 LEGAL DESCRIPTION 8 11 t. (DM 912-77757 OMCw wD A MINS NORTH AMERICA.WCWWI Q� �.N�LL. FLORIDA CER77FPCA Ti OF AUTMORIi4TION WARIER Li24 COMM I Midi. 4.. SHEET:2 OF 2