Backup Documents 07/27-28/2010 Item #16A23ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU A 25,
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 through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1. Judy Puig
6,#7)'> Administration
(Initial)
1C.
Agenda Date Item was
2.
Agenda Item Number
Approved by the BCC
3.
to-' A `" `L
Type of Document
4.
Number of Original
Attached
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
3
ZY (b
6. Minutes and Records
Clerk of Court's Office
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 the addressees above, including Sue Filson, 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
It
Phone Number
N/A (Not
Contact
ua
(Initial)
1C.
Agenda Date Item was
Original document has been signed/initialed for legal sufficiency. (All documents to be
Agenda Item Number
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
to-' A `" `L
Type of Document
by the Office of the County Attorney. This includes signature pages from ordinances,
Number of Original
Attached
j N �=j
Documents Attached
3
INSTRUCTIONS & CHECKLIST
I- 13832,-7 - Co�Q��
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
avvropriate.
(Initial)
Applicable)
1.
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. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line -date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be ware of your deadlines!
6.
The document was approved by the BCC on: `I 0'1 d (enter date) and all changes
made during the meeting have been incorpora d i the attached document. The
County Attorney's Office has reviewed the changes, if applicable.
I- 13832,-7 - Co�Q��
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date: July 28, 2010
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Grant of Easement /Lely Resort, Phase One
Attached for your records is a copy of the document referenced
above (Agenda Item #16A23) adopted by the Board of County
Commissioners on Tuesday, July 27, 2010.
If you should have any questions, please feel free to contact me at
252 -8411.
Thank you.
Attachment (1)
16A23
PREPARED BY AND TO BE RETURNED TO
Eleanor W. Taft, Esq.
Eleanor W. Taft, P.A.
2647 Professional Circle, Suite 1203
Naples, FL 34119
16A23
INSTR 4458745 OR 4590 PG 3093
RECORDED 7/30/2010 2:52 PM PAGES 6
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC@. 70$0.70 REC $52.50
CONS $0.00
GRANT OF EASEMENT
It is hereby agreed that STOCK DEVELOPMENT, LLC, a Florida limited liability
company (hereinafter referred to as "GRANTOR "), whose address is 2647 Professional Circle,
Suite 1201, Naples, Florida 34119, in consideration for TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does
hereby grant, sell, transfer, convey and deliver unto TRIANGLE PLAZA AT LELY RESORT
COMMERCIAL NEIGHBORHOOD PROPERTY OWNERS' ASSOCIATION, INC. a Florida
not - for - profit corporation (the "ASSOCIATION ") and its respective successors and assigns and
COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the
"GRANTEES "), a non - exclusive, perpetual easement for storm water management facilities and
right -of -way upon, over, across or below the surface of the following described lands of the
Grantor, situated in Collier County, Florida; more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof
for the purposes of maintaining and repairing, at the Association's sole cost, all stormwater
management facilities contained on the easement property as well as all portions of the
easement property. This easement is in substitution of the temporary drainage easement
depicted in Plat Book 16 at Page 89 and described in Note 19 thereof; accordingly, the Grantor
abandons the temporary easement and substitutes thereto this permanent easement for
stormwater management facilities. The foregoing maintenance and repair obligations shall be
conducted and performed in accordance with all applicable permits and agreements concerning
such property. Such obligations shall include, but shall not necessarily include, maintaining
policies of liability and casualty insurance for injuries to person or property in connection with
the easement property. Collier County shall have no obligations relating to this easement;
including but not limited to maintenance and repair.
Association, by virtue of utilizing the easements granted to it hereunder, hereby agree to
indemnify, defend and save Grantor and its successors and assigns harmless of and from any
and all claims, demands, lawsuits, expenses, attorneys' fees, causes of action, judgments and
liabilities which now exist or may hereafter arise with respect to the use of the easements
declared hereunder by such user, whether such matters relate to injury to personal property or
otherwise, but excluding any claim, demand, loss, expense, attorney's fees, cause of action,
judgment or liability arising out of or relating to the negligence or more culpable conduct of
Grantor.
In the event any action or proceeding is taken to enforce the provisions of this
instrument, the prevailing party shall be entitled to an award of court costs and attorney's fees
(which shall include any and all attorney and paralegal fees incurred in the course of trial or
appellate litigation or related services by an out -of -court attorney and paralegal associated with
or regarding the dispute in question, and any and all such fees incurred in connection with any
administrative proceeding associated with or regarding the dispute in question) necessitated by
non - compliance with the terms of this instrument.
- 1 -
p � sw�Y
Executed this ' day of Jtm*, 2010.
WITNESSES:
u &J?4.
Na l: : ✓'
STATE OF
COUNTY OF
16A23
STOCK DEVELOPMENT, LLC, a Florida
limited liability company
By: IA"�'
me: r1Qski Stv
Its: C Q Q'-1A rv-"1GNCciiIn ^)
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The .foregoin instrument was acknowledged before me this �� " day of , 2010, by
&", & o as CEO of STOCK
DEVELOPMENT, LLC, a Florida limited liability company. He irsonally known to me
My Commission Expires: jaQ-"
(Si,9 natgre) _
(AFFIX NOTARY SEAL) Name: '71v 1y1' -1-' 1"T
(Legibly Printed or Typed)
�~ Notary Public, State of Florida
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a °. `c's Notary Public •State of Florida nc► Si�B �3
-11 •_ My Comm. Expires Sep 28, 2012
"�,, Commission # DD 819893 (Commission Number, if any)
8onded Through National Notary Assn.
Ap r ved as to form & legal sufficiency
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16A23
PROPERTY DESCRIPTION
BEING A PORTION OF TRACT 4, LELY RESORT PHASE ONE, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 16 AT PAGES 87 THROUGH 99
(INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A THE NORTHERLY MOST CORNER OF TRACT 4, LELY
RESORT PHASE ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 16 AT PAGES 87 THROUGH 99 (INCLUSIVE) OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE
WEST RIGHT -OF -WAY LINE OF TRIANGLE BOULEVARD (A loo FOOT RIGHT -OF-
WAY); THENCE SOUTH 35 °39'36" WEST, ALONG THE BOUNDARY OF SAID TRACT
4, A DISTANCE OF 637.21 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH 3503936" WEST,
ALONG THE BOUNDARY OF SAID TRACT 4, A DISTANCE OF 20.0o FEET; THENCE
NORTH 54 020'24" WEST, A DISTANCE OF 14.83 FEET; THENCE SOUTH 70 056'20"
WEST, A DISTANCE OF 62.6o FEET; THENCE NORTH 54 026'12" WEST, A
DISTANCE OF 178.02 FEET; THENCE NORTH 63 017'36" WEST, A DISTANCE OF
205.37 FEET; THENCE NORTH 54 025'09" WEST, A DISTANCE OF 148.21 FEET TO A
POINT ON THE BOUNDARY OF SAID TRACT 4; THENCE NORTH 35 039'36" EAST,
ALONG THE BOUNDARY OF SAID TRACT 4, A DISTANCE OF 20.0o FEET; THENCE
SOUTH 54 °25'09" EAST, A DISTANCE OF 146.63 FEET; THENCE SOUTH 63 017'36"
EAST, A DISTANCE OF 205.36 FEET; THENCE SOUTH 54 026'12" EAST, A DISTANCE
OF 169.24 FEET; THENCE NORTH 70 056'20" EAST, A DISTANCE OF 62.62 FEET;
THENCE SOUTH 54 020'24" EAST, A DISTANCE OF 25.17 FEET TO THE POINT OF
BEGINNING.
CONTAINING 12,181 SQUARE FEET OR 0.28o ACRES, MORE OR LESS.
16A 23
CONSENT OF MORTGAGEE
GRANT OF EASEMENT
STORMWATER WATER MANAGEMENT FACILITIES
KNOW ALL MEN BY THESE PRESENTS:
Regions Bank (the "Mortgagee "), the holder of that certain Mortgage, Security Agreement, and
Assignment of Rents, recorded April 22,2002 and recorded in Official Records Book 3022, Page
2108 and modifications recorded in Official Records Book 3947, Page 452 and Official Records
Book 4128, Page 3834 of the Public Records of Collier County, Florida (the "Mortgage "), which
Mortgage constitutes a lien upon the real property, hereby consents to Stock Development, LLC,
a Florida limited liability company ( "Stock ") subjecting a portion of the lands described therein
to the provisions of the Grant of Easement and agrees that the lien and encumbrance of the
Mortgage shall be subordinate to the Grant of Easement.
The subordination set forth herein is limited strictly to the rights of the Association and Collier
County, its successors and assigns, created by the Grant of Easement and this subordination shall
not constitute a subordination to the rights of any other person or entity that holds any interest in
the Property, as defined in the Grant of Easement.
Dated this 2 OLday of - L. %-y , 2010.
WITNESSES:
Witnesses:
Print N e: viz a,-7?4 °c
Regions Bank
Y. _
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Title J,
Approv d as ,c, 11 c;rr. &legal sufficiency
–Co u y Attorney
16AZ3
CONSENT
OF
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA
Upon recommendation by the Senior Site Plans Reviewer Land Development Services
Growth Management Division of Collier County and after reasoned consideration by the Board
of County Commissioners Collier County, Florida (the "Board "), the Board accepts this Grant of
Easement as the permanent easement in substitution of the temporary easement depicted in Plat
Book 16 at Page 89 and described in Note 19 thereof; accordingly, the temporary easement is
automatically terminated and such substitution is in the public interest.
Attest:
DWIGH TRJ RM, ;Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approv d s to form & legal suiHciency
O`�
IL County Attorney