Parcels 8T & 9T
Memorandum
TO:
FROM: 4J~
Minutes & Records Management
Sharman Veger
Property Acquisition Specialist
Real Estate Services
DATE:
February 23, 2006
RE:
Collier Blvd Water main Project
Please find attached one (1) oriqinal recorded Temporary Construction Easement and
one (1) oriqinal Temporary Construction Easement Agreement for the above
referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
pursuant to Agenda Item 10 B dated September 13, 2005.
Please contact me if you have any questions or comments at 2622.
Thank you.
attachments as stated
cc: Inventory File w/attachments
Office of the Real Property Management Department
PROJECT: Collier Boulevard Water Main Project 70151/70152
PARCEL NO.: 8T & 9T
FOLIO: 00410680007
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made and entered into this ,~ day of 1:t.r..,'^""O~ ,2005,
by John J. Nevins, as Bishop of the Diocese of Venice, a corporation sole, whose
mailing address is 1000 Pinebrook Rd., Venice, FL 34285, (hereinafter referred to as
"Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its
successors and assigns, whose mailing address is 3301 East Tamiami Trail, 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 or assigns.)
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto the Grantee, a temporary easement to enter
upon the following described lands located in Collier County, Florida, to wit:
SEE ATTACHED EXHIBIT "A"
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
This Temporary Construction Easement is granted for the express purpose of providing
Grantee temporary access to Grantor's lands for the purpose of excavating, placing, operating,
removing and storing material and equipment during the construction and installation of public
improvements on lands adjacent thereto. This Easement shall expire on December 31, 2009, or
upon completion of the improvements, whichever occurs first. Grantee shall restore the surface
of the Easement Area after construction has been completed.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the
doy ~"d '7;':' :;; wri""".
~~~ John J. Nevins, as Bishop of the
ness (Sif),nature) Diocese of Venice, a corporation sole
Name: ~y I-h ,J,J.., d /
Q (Print or Type)
!'vi n._ ~A' Volodym r Smeryk, his Attorney in Fact,
. ,?1/y(/IJ (J) / I ( -I ~U on behalf of John J. Nevins, as the
Witness..!.~ignature) ,~ H \ Diocese of Venice, a corporation sole
Name:Vj Ai<d"~A IYJ. -1jo-zEfIJ
(Print or Type)
STATE OF
COUNTY OF
'fA The foregoing Temporary Construction Easement was acknowledged before me this
~ day Of,J).Ufm);er- ,2005 by Volodymyr Smeryk, his Attorney in Fact, for John
J. Nevins, as Bishop of the Diocese of Venice, a corporation sole, who is personally
known to me or who has produced as identification.
~~ (/1 r &vL
(Sig~Ure of otary Public}.. _
'Je l y,...; m. <...-of< c....
(Print Name 'Of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(If any) ]).1> 'I <17 eX. f 0
AIIiaWl\CautJ.Aa . My Commission Expires: 'Iv L'y '-I.) ')(;",'1
Tllls p!ope as been ac~U1red under
threat of con 'nation and is eXllll1Plp 1lfIS CONYEYANCE ACCEPTED IY THE
documentary stamp tax" ", 1 ,,- IOAIlO Of COUNTY CClMMISSIMRS.
COlLIER COUNTY. FLORIDA.
PURSUANT TO ~NDA.
DAnD, 'H~ -0 ITEM NO. \0 1>::,
...{e.~ no1jN;~-Mill)coRL
~.z MY COMMISSION # D0447290
"~OIr..O~ EXPIRES: July 4. 2009
(407)398-0153 Flc,rtC!8J\I~~~.s,~~'>:'D .~_,.,;,
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EXHIBIT A
Page-..\.-of J,
PROJECT
PARCEL
FOLIO
70/C;-! "t-
101 ~.:2
'i? T
00'1/0(, '?No 7
TEMPORARY CONSTRUCTION.
EASEMENT (DURATION: 3 YEA!{S
FROM COMMENCEMENT m
CONSTRUCTION)
OR: 3965 PG: 0800
.,
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (8. T)
IN THE NW 1/4 OF THE NW 1/4 OF SECTION 11, TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
"
P.O.C.
NW CORNER
SECTION 11
FOREST GLENN OF
NAPLES SUBDIVISION
PLAT BOOK 31, PAGE 94
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NORTH LINE
30' R~:::O:F~~AY FOR t-
ROADS UTILITIES & DRAINAGE j
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FOLIO NO.:
00410680007
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KEY:
C.R.-COUNTY ROAD
F.P.&L-FLDRIDA POI'<fR & LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFlCIAL RECORDS BOOK/pAGE
P.O.B.-POINT OF BEGINNING
P.O. C.-POINT OF cm.HAENCEMENT
NO.-NUMBER
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DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LYING IN THE NORTHI'<fST 1/4 OF Tl1E NORTHI'<fST 1/4 OF
SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY. FLORIDA:
COMMENCING AT THE NORTHI'<fST CORNER OF SAID SECTION 11. THENCE RUN NBBI7'H"E, A DISTANCE OF 100.10
FEET ALONG THE NORTH LINE OF SAID SECTION TO THE EAST LINE OF THE HENDERSON CREEK CANAL
RIGHT-OF-WAY; THENCE RUN SOO'50'H"W, A DISTANCE OF 30.03 FEET ALONG SAID EAST LINE TO THE SOUTH LINE
OF A 30-FOOT RIGHT-OF-WAY FOR ROADS, UTILITIES AND DRAINAGE PER OFFICIAL RECORD BOOK 306. PAGE 530
AND THE POINT OF BEGINNING; THENCE RUN NBBI7'H"E, A DISTANCE OF 24.99 FEET ALONG SAID SOUTH LINE;
THENCE RUN SOO'50'44"W, A DISTANCE OF 7.64 FEET; THENCE RUN SBB'Ol'46"W, A DISTANCE OF 25.00 FEET TO
SAID EAST LINE; THENCE RUN NOO'50'H"E, A DISTANCE OF 7.75 FEET ALONG SAID EAST LINE TO SAID SOUTH LINE
AND THE POINT OF BEGINNING.
t:lQJL
THE PARCEL BEARING, DISTANCES, AND AREAS ,-
CALCULA TED ARE BASED ON A FIELD SURVEY OF
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINA TE SYSTEM, FLA. EAST ZONE, 'B3/'90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CLIENT: GREELEY AND HANSEN, U.C DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPllON: DATE: 03/09/05 SCALE: 1"-20'
TEMP. CONSTRUCTION EASEMENT IN THE
NW 1/4 OF THE NW 1/4 OF SEC 11-50-26 PROJECT No: D30705W.A
2005.
uARREN TOWNSEND (FOR THE FIRM LB6773)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIOA LICENSE NO. LS 6476
THIS i7;J CAY OF f1u.dl
DWG NO:030705WA-ESM
REV:
SHEET: 1 OF 1
*** OR: 3965 PG: 0801 ***
EXHIBIT
Page~of
It
'd,..
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
70fS-; f-
PROJECT 701 S-;:;<
PARCEL 9. r
FOLIO 00,-/ jt>(p 'l?oc>o 7
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (9.T)
IN THE NW 1/4 OF THE NW 1/4 OF SECTION 11, TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
P.O.C.
V NW CORNER
SECTION 11
iI. N8B"17'44"~
\j 100.10'
100' R/W
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O.R. - omCIAL RECORDS BOOK/PAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
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FOLIO NO.:
00410680007
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DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LYING IN lHE NORlHl'kST 1/4 OF lHE NORlHl'kST 1/4 OF
SECTION 11, TOWNSHIP SO SOUlH, RANGE 26 EAST. COLUER COUNTY, FLORIDA:
COMMENCING AT lHE NORlHl'kST CORNER OF SAID SECTION 11, lHENCE RUN N88"17'44"E, A DISTANCE OF 100.10
FEET ALONG lHE NORlH LINE OF SAID SECTION TO THE EAST LINE OF lHE HENDERSON CREEK CANAL
RIGHT-OF-WAY; lHENCE RUN SOO'SO'44"W. A DISTANCE OF 842.26 FEET ALONG SAID EAST LINE TO lHE POINT OF
BEGINNING; lHENCE RUN S90'00'00"E, A DISTANCE OF 2S.00 FEET; THENCE RUN SOO'SO'44"W, A DISTANCE OF 2S.00
FEET; lHENCE RUN N90'OD'OO"W, A DISTANCE OF 25.00 FEET TO SAID EAST LINE; lHENCE RUN NOD'50' 44"E, A
DISTANCE OF 25.00 FEET ALONG SAID EAST UNE TO lHE POINT OF BEGINNING.
CONTAINING 625 SQUARE FEET OR 0.01 ACRES. MORE OR LESS.
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lHE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FlELD SURVEY OF
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINA TE SYSTEM, FLA. EAST ZONE, '83/"90.
DAHREN T0'M'lSEND (FOR lHE FlRM LB6773)
PROFESSIONAL SURVEYOR AND MAPPER
FIORIQA LICENSE NO. lS({6476t1.
THIS U,[ DAY OF I MI
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES. INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIOA 33912
PHONE; (239)277-0722 FAX: (239)277-7179 EM All: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPTION: DATE: 03/09/0S SCALE: 1"-30'
TEMP. CONSTRUCTION EASEMENT IN lHE
NW 1/4 OF lHE NW 1/4 OF SEC 11-50-26 PROJECT No: 03070SW.A
200S.
REV:
DWG NO:030705WA-ESM
SHEET: 1 OF 1
"
-
-
PROJECT: Collier Boulevard Water Main Project 70151/70152
PARCEL: 8T & 9T
FOLIO: 00410680007
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this ,-- day of
t-""~.,,.J~ , 2005 by and between John J. Nevins, as Bishop of the Diocese
of Venice, a corporation sole, (hereinafter referred to as "Owner"), whose mailing
address is 1000 Pinebrook Rd., Venice, FL 34285, and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as
"Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112;
WHEREAS, Purchaser requires a Temporary Construction Easement over, under,
upon and across the lands described in Exhibit "A", which is attached hereto and made
a part of this Agreement, (hereinafter referred to as the "Property") for temporary
construction of utility facilities; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property via a Temporary Construction Easement to
Purchaser for the sum of $6,200.00, payable by County Warrant (said transaction
hereinafter referred to as the "Closing"). Said payment shall be full compensation for
the Property conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and for any damages resulting to Owner's remaining lands,
and for all other damages in connection with conveyance of said Property to Purchaser,
including attorney's fees, expert witness fees and costs as provided by Chapter 73,
Florida Statutes.
2. Closing shall occur within sixty (60) days of the execution of this Agreement by
Purchaser. At closing, Owner shall deliver the conveyance instruments to Purchaser in
a form acceptable to Purchaser and Purchaser shall deliver the County Warrant to
Owner.
3. Owner agrees to convey the Property for the purpose of constructing utility
facilities in the area. The Temporary Construction Easement shall expire upon
completion of the construction of the utility facilities in the area or on December 31,
2009, whichever occurs first. Purchaser shall restore the surface of the Property after
construction has been completed.
-
.-.
4. Owner is aware of 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.
5. Owner represents that the Property and all uses of the 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 except as specifically disclosed to Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on any property contiguous to or in
the vicinity of the Property to be conveyed to Purchaser; that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the Property, b) any
existing or threatened environmental lien against the Property or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment, spill or
transfer of hazardous substances on the Property. This provision shall survive closing
and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and shall reimburse the Purchaser 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 Purchaser by reason or arising out of the breach of Owner's representation
under Section 5. This provision shall survive closing and is not deerned satisfied by
conveyance of title.
7. The Purchaser shall pay for all costs of recording the Temporary Construction
Easement in the Public Records of Collier County, Florida. All other costs associated
with this transaction including but not limited to transfer, documentary and intangible
taxes, and recording costs, if any, for any curative instruments shall be borne and paid
by Owner. The cost of a title commitment shall be paid by Purchaser.
8. 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 assignees whenever the context
so requires or admits.
9. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; 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.
10. If the Owner holds the land underlying the Property 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 land underlying the Property before the Property held in such
capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is
registered with the Federal Securities Exchange Commission of 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.)
11. 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 Temporary
Construction Easement Agreement on this t-<'""\,dayof 10~-,," ,2005.
Date Property acquisition approved by BCC: May 24, 2005
Resolution No.: 2005-200/CWS 2005-03
AS TO PURCHASER:
DATED: \~ ",- 0 S
.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMlSS1Q'N~j:1(S,.
OF COLLIER COUNTY, Fl.ORIDA, AS. "'.
THE GOVERNING BODY:OF COLLiER
COUNTY AND AS EX-OEFICIOTIiE
GOVERNING BOARD O~ THE COLLIER
COUNTY WATER-SEWE~ DISTRICT
.'
,
,
,-.,:"
~..: .O.C,
.,:. '. 'epu Clerk
~;,te-st,.. ~1"""1
AS Td.'f~~:oft1l ~ ','
~ ' ~ - .-.
DA T~; >cij i Iii c.;bs-""
,/. V"
j;;~;'"
W^ness (~nature).
Name: ~,.. /~J.o,/.p/
(Print or Type)
Q.~ft-. (Il.~
WitnesS-(S:fJ:a~u~e~ -1-1? . \
Name:-L> . 0 CU
(Print or Type)
\\\'.-
John J. Nevins, as Bishop of the
Diocese of Venice, a corporation sole
-~ ~
. --J'~, -1.-).1- "-
olodymyr Smeryk, his Attorney in Fact,
on behalf of John J. Nevins, as the
Diocese of Venice, a corporation sole
STATE OF
COUNTY OF
The foregoing Temporary Construction Easement was acknowledged before me
this 7 fh day of .llia.m.he r , 2005 by Volodymyr Smeryk, his Attorney in Fact,
for John J. Bisho as Bishop of the Diocese of Venice, a corporation sole, who is
ersonally known to me r who has produced as identification.
WITNESS my hand and official seal this 7/h day of lJ~r:2005.
(Sign~;/~o~' P~
Ellf: UN fYI, (.Elf< L
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any) ])]) if </7 eX 90
My Commission Expires: .J J ~/ 4-) ;).001
(affix notarial seal)
."""~ EVELYN M. CORL
~., MY COMMISSION 11 DD441290
""J)-0f'f\Q: EXPIRES: July4,2009
(407) 308-0153 Florid. Notary S<<vice.com
Approved as to form and
legal sufficiency:
('^ ~W'\ ?J~
.l(CI' Ellen T. Chadwell
Assistant County Attorney
l\-19/~t1(
EXHIBIT A
Page \ of ?t
PROJECT
PARCEL
FOLIO
70/~1 y-
/01 S.;:l
<:(?, T
OQ'i 10e, <6Ll9o 7
TEMPORARY CONSTRUCTION.
EASEMENT (DURA TION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (8. T)
IN THE NW 1/4 OF THE NW 1/4 OF SECTION 11, TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
"
P.O.C.
/ NW CORNER
SECTION 11
II.
FOREST GLENN OF
NAPLES SUBDIVISION
PLAT BOOK 31, PAGE 94
NBBI7'44"E
100.10-;- -
NORTH LINE
SECTION 11
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30' RIGHT-OF-WAY FOR
ROADS, UTILITIES &: DRAINAGE
PER OR 306, PAGE 530
P.O.s.
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HENDERSON CREEK
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FOLIO NO.:
00410680007
:::
KEY:
G.R.-COUNTY ROAD
F.P.&:L-FLORIDA POWER &: LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OmCIAL RECORDS BOOK/pAGE
P.O. B.-POINT OF BEGINNING
P.O.C.-POINT OF COW.4ENCEMENT
NO.-NUMBER
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DESCRIPTION OF A lEMPORARY CONSTRUCTION EASEMENT LYING IN THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN NBBI7'44"E, A DISTANCE OF 100.10
FEET ALONG THE NORTH LINE OF SAID SECTION TO THE EAST LINE OF THE HENDERSON CREEK CANAL
RIGHT-OF-WAY; THENCE RUN SOO'50'44"W, A DISTANCE OF 30.03 FEET ALONG SAID EAST LINE TO THE SOUTH LINE
OF A 3D-FOOT RIGHT-OF-WAY FOR ROADS, UTILITIES AND DRAINAGE PER OffiCIAL RECORD BOOK 306, PAGE 530
AND THE POINT OF BEGINNING; THENCE RUN NBBI7'H"E, A DISTANCE OF 24.99 FEET ALONG SAID SOUTH LINE;
THENCE RUN SOO'50'44"W, A DISTANCE OF 7.64 FEET; THENCE RUN S8B1J1'46"W, A DISTANCE OF 25.00 FEET TO
SAID EAST LINE; THENCE RUN NDO'50'44"E, A DISTANCE OF 7.75 FEET ALONG SAID EAST LINE TO SAID SOUTH LINE
AND THE POINT OF BEGINNING.
CONT^IN~~~-?E FEET, MORE OR LESS.
-----~~---
DARREN TOWNSEND (FOR THE FlRM LB6773)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA UCENSE NO. LS 6476
THIS /74- CAY OF f1udl
t:lQIE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A FlELD SURVEY OF
SECTION 11. BASIS OF BEARING: STAlE PLANE
COORDINA lE SYSlEM, FLA. EAST lONE, '83(90.
"
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LtC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPllON: DATE: 03/09/05 SCALE: 1"=20'
lEMP. CONSTRUCTION EASEMENT IN THE
NW 1/4 OF THE NW 1/4 OF SEC 11-50-26 PROJECT No: 030705W.A
2005.
DWG NO:030705WA-ESM
REV:
SHEET: 1 OF 1
~
EXHIBIT A
, ....)
Page-:'-i-of _!!:
7ots-( f-
PROJECT 701"--;;;
PARCEL 9. T
FOLIO 00,-/ / P0 'f? OOD 7
TEMPORARY CONSTRUCTION
EASEMENT (DURA TION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (9. T)
IN THE NW 1/4 OF THE NW 1/4 OF SECTION 11, TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
P.O.C.
jNW CORNER
SECTION 11
~ N88"17'44"~
\j 100.10'
100' R/W
NORm UNE
SECTION 11 \
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R/W - RIGHT-OF-WAY
O.R. - OFflCIAL RECORDS BOOK/PAGE
P.O.8.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
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FOLIO NO.:
00410680007
DESCRIPTION OF A TEMPORARY CONSlRUCTlON EASEMENT LYING IN THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION II, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION II, THENCE RUN N88"17'44"E, A DISTANCE OF 100.10
FEET ALONG THE NORTH UNE OF SAID SECTION TO THE EAST UNE OF THE HENDERSON CREEK CANAL
RIGHT-OF-WAY; THENCE RUN SOO'50'44"W, A DISTANCE OF 842.26 FEET ALONG SAID EAST UNE TO THE POINT OF
BEGINNING; THENCE RUN S90"OO'OO"E, A DISTANCE OF 25.00 FEET; THENCE RUN SOO'50'44"W, A DISTANCE OF 25.00
FEET; THENCE RUN N90"OO'OO"W, A DISTANCE OF 25.00 FEET TO SAID EAST UNE; THENCE RUN NOO'50'44"E, A
DISTANCE OF 25.00 FEET ALONG SAID EAST UNE TO THE POINT OF BEGINNING.
CONTAINING 625 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
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MQIE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A ~ELD SURVEY OF
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINA TE SYSTEM, FlA. EAST ZONE, '83/,90.
DARREN TOWNSEND (FOR THE ~RM LB6773)
PROFESSIONAL SURVEYOR AND MAPPER
FLOF<IQA LICENSE NO. L~6476/.J.
THIS J:l.<l DAY OF MI
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CLIENT: GREELEY AND HANSEN, ll.C DRA'M-I BY: DKT CHECKED BY: JNW
PARCEL DESCRIPTION: DATE: 03/09/05 SCALE: 1"=30'
TEMP. CONSlRUCTlON EASEMENT IN THE
NW 1/4 OF mE NW 1/4 OF SEC 11-50-26 PROJECT No: 030705W.A
2005.
DWG No:o307o5wA-ESI.l
REV:
SHEET: 1 OF 1
.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 through routing lines #1 through #4, complete the
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List 10 routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary wntact 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
It~m.)
Name of Primary Staff Phone Number
Contact ì
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
Agenda Item Number
\D
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
I. 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 "5\1
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 ~V
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. ðV
4 "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. "15\1
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provtded to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain 4O
time frame or the BCe's actions are nullified. Be aware of your deadlines!
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip
WWS Original 9.03.04
PROJECT: Collier Boulevard Water Main Project 70151/70152
PARCEL: 8T & 9T
FOLIO: 00410680007
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this -r~"" day of
Do,......-v.-.l~ , 2005 by and between John J. Nevins, as Bishop of the Diocese
of Venice, a corporation sole, (hereinafter referred to as "Owner"), whose mailing
address is 1000 Pinebrook Rd., Venice, FL 34285, and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as
"Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112;
WHEREAS, Purchaser requires a Temporary Construction Easement over, under,
upon and across the lands described in Exhibit "A", which is attached hereto and made
a part of this Agreement, (hereinafter referred to as the "Property") for temporary
construction of utility facilities; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property via a Temporary Construction Easement to
Purchaser for the sum of $6,200.00, payable by County Warrant (said transaction
hereinafter referred to as the "Closing"). Said payment shall be full compensation for
the Property conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and for any damages resulting to Owner's remaining lands,
and for all other damages in connection with conveyance of said Property to Purchaser,
including attorney's fees, expert witness fees and costs as provided by Chapter 73,
Florida Statutes.
2. Closing shall occur within sixty (60) days of the execution of this Agreement by
Purchaser. At closing, Owner shall deliver the conveyance instruments to Purchaser in
a form acceptable to Purchaser and Purchaser shall deliver the County Warrant to
Owner.
3. Owner agrees to convey the Property for the purpose of constructing utility
facilities in the area. The Temporary Construction Easement shall expire upon
completion of the construction of the utility facilities in the area or on December 31,
2009, whichever occurs first. Purchaser shall restore the surface of the Property after
construction has been completed.
4. Owner is aware of 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.
5. Owner represents that the Property and all uses of the 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 except as specifically disclosed to Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on any property contiguous to or in
the vicinity of the Property to be conveyed to Purchaser; that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the Property, b) any
existing or threatened environmental lien against the Property or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment, spill or
transfer of hazardous substances on the Property. This provision shall survive closing
and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and shall reimburse the Purchaser 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 Purchaser by reason or arising out of the breach of Owner's representation
under Section 5. This provision shall survive closing and is not deemed satisfied by
conveyance of title.
7. The Purchaser shall pay for all costs of recording the Temporary Construction
Easement in the Public Records of Collier County, Florida. All other costs associated
with this transaction including but not limited to transfer, documentary and intangible
taxes, and recording costs, if any, for any curative instruments shall be borne and paid
by Owner. The cost of a title commitment shall be paid by Purchaser.
8. 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 assignees whenever the context
so requires or admits.
9. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; 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.
10. If the Owner holds the land underlying the Property 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 land underlying the Property before the Property held in such
capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is
registered with the Federal Securities Exchange Commission of 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.)
11. 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 Temporary
Construction Easement Agreement on this (~day of '!;)~ ,.1/"0 ,2005.
Date Property acquisition approved by BCC: May 24, 2005
Resolution No.: 2005-200/CWS 2005-03
AS TO PURCHASER:
DATED: \;1 ",ì- 0 5
.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMlSSIQ'NE~li .
OF COLLIER COUNTY, F~RtDA, AS. ' "/";~
THE GOVERNING BODY::ÒF COLLieR "'.
COUNTY AND AS EX-OÈFTCIOTHE.
GOVERNING BOARD O~ rHÊ COLLIER
COUNTY WATER-SEWER DISTRICT'"
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'(:>1\' ~u Clerk
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W ness (~nature)
Name: éi'~ /~oIJ.,.p/
. .
(Print or Type)
Q,Q/J1A1~ ¡1¡.~
Witness...(s/.~a~u~e~ 'R L . \
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John J. Nevins, as Bishop of the
Diocese of Venice, a corporation sole
~ ~ý",.~
olodymyr Smeryk, his Attorney in Fact,
on behalf of John J. Nevins, as the
Diocese of Venice, a corporation sole
STATE OF
COUNTY OF
~ØV'~ EVELYN M. CORL
~ ~ '" MY COMMISSION # DD447290
"'~rw'f\~" EXPIRES: July 4. 2009
(407) 3118-0153 FIoIIdIo Notary Servlce.com
The foregoing Temporary Construction Easement was acknowledged before me
this 7 fh day of .72.bcLmh.e. r , 2005 by Volodymyr Smeryk, his Attorney in Fact,
for John J. Bisho as Bishop of the Diocese of Venice, a corporation sole, who is
ersonally known to me r who has produced as identification.
WITNESS my hand and official seal this 7 íh day otÞßCt~"""2005.
(Sign~~O~ p~
[ue L,lN rY/, GR C
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any) ];:f) if Y 7 o? 90
My Commission Expires: :J J L)" tf) ;)..OIJ'Î
(affix notarial seal)
Approved as to form and
legal sufficiency:
r^~W'\ ?~
"(U , Ellen T. Chadwell
Assistant County Attorney
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EXHIBIT A
Page--L-of ~
PROJECT
PARCEL
FOLIO
70/Ç"¡ t-
ì c> I ç;;:2.
<??,T
00 if IOC::, r A?o 7
TEMPORARY CONSTRUCTION
EASEMENT (DURA TION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (8. T)
IN THE NW 1/4 OF THE NW 1/4 OF SECTION 11, TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
P.O.C.
NW CORNER
SECTION 11
,..
FOREST GLENN OF
NAPLES SUBDIVISION
PLAT BOOK 31, PAGE 94
NBB"17'«-E
100.10'
NORTH LINE
SECTION 11
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30' RIGHT-Of-WAY FOR
ROADS UTILITIES & DRAINAGE
~ (PER O.R. 306, PAGE 530
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HENDERSON CREEK
CANAL R/W (100')
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FOLIO NO.:
00410680007
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C.R.-COUNTY ROAD
F.P.&L-FLORIDA POWER & LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OmCIAL RECORDS BOOK/pAGE
P.O. B.-POINT OF BEGINNING
P.O. C.-POINT OF COMMENCEMENT
NO.-NUMBER
DESCRfPTION OF A TEMPORARY CONSTRUCTION EASEMENT LYING IN THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 11, TOWNSHIP SO SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN NBB"17'«-E, A DISTANCE OF 100.10
FEET ALONG THE NORTH LINE OF SAID SECTION TO THE EAST LINE OF THE HENDERSON CREEK CANAL
RIGHT-OF-WAY; THENCE RUN SOO'SO'«-W, A DISTANCE OF 30.03 FEET ALONG SAID EAST LINE TO THE SOUTH LINE
OF A 30-FOOT RIGHT-OF-WAY FOR ROADS, UTILITIES AND DRAINAGE PER OFFICIAL RECORD BOOK 306, PAGE S30
AND THE POINT OF BEGINNING; THENCE RUN N88"17'«-E, A DISTANCE OF 24.99 FEET ALONG SAID SOUTH LINE;
THENCE RUN SOO'50'«-W, A DISTANCE OF 7.64 FEET; THENCE RUN S8B"01"46-W, A DISTANCE OF 25.00 FEET TO
SAID EAST LINE; THENCE RUN NOO'SO'«-E, A DISTANCE OF 7.75 FEET ALONG SAID EAST LINE TO SAID SOUTH LINE
AND THE POINT OF BEGINNING.
lliUE;
THE PARCEL BEARING, DISTANCES, AND AREAS ,..
CALCULATED ARE BASED ON A RELD SURVEY OF
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINA TE SYSTEM, FLA. EAST ZONE, '83/90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS. flORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LlC ORA WN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPll0N: DATE: 03/09/0S SCALE: 1--20'
TEMP. CONSTRUCTION EASEMENT IN THE
NW 1/4 OF THE NW 1/4 OF SEC 11-S0-26 PROJECT No: 03070SW.A
DARREN TOWNSEND (FOR THE RRM LB6773)
PRIJÆSSIONAL SURVEYOR AND MAPPER
flORIDA UCENSE NO. LS 6476
THiS í7-/j.. DAY OF f1u.ä/
, 2005.
DWG NO:030705WA-ESM
REV:
SHEET: 1 OF 1
··~^___'__·_"'____"'_'M'_'_"""___'_" ............._
EXHIBIT A
Page---:Lof t~
TEMPORARY CONSTRUCTION
EASEMENT (DURA TlON: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
7DI S-¡ pi--
PROJECT 701 s-;;¿
PARCEL 9 ' T
FOL LO D0i..! / Þfo <;' OOC> 7
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (9. T)
IN THE NW 1/4 OF THE NW 1/4 OF SECTION 11, TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
P.O.C.
V NW CORNER
SECTION 11
~ N88' 7' 44·~
100.10'
NOR1H UNE
SECTION 11 \
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F.P.&L-FlORIDA POWER & UGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFfICIAL RECORDS BOOK/PAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO. -NUMBER
P.O.B.
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FOLIO NO.:
00410680007
.-
.-
DESCRíPTION OF A TEMPORARY CONSTRUCTION EASEMENT L YlNG IN 1HE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY, flORIDA:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, THENCE RUN N88"17'44-E, A DISTANCE OF 100.10
FEET ALONG THE NORTH UNE OF SAID SECTION TO THE EAST UNE OF THE HENDERSON CREEK CANAL
RIGHT-OF-WAY; THENCE RUN SOO·SO'44·W, A DISTANCE OF 842.26 FEET ALONG SAID EAST UNE TO THE POINT OF
BEGINNING; THENCE RUN S90-o0'OO·E, A DISTANCE OF 2S.00 FEET; THENCE RUN SOO·SO'«·W, A DISTANCE OF 2S.00
FEET; THENCE RUN N90"OO'OO·W, A DISTANCE OF 2S.00 FEET TO SAID EAST UNE; THENCE RUN NOO·SO'44·E, A
DISTANCE OF 2S.00 FEET ALONG SAID EAST UNE TO THE POINT OF BEGINNING.
CONTAINING 625 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
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--_L2~~___.______
milE.;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A ~ELD SURVEY OF
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINATE SYSTEM, FlA. EAST ZONE, '83/90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPTION: DATE: 03/09/0S SCALE: 1....30.
TEMP. CONSlRUCTlON EASEMENT IN THE
NW 1/4 OF 1HE NW 1/4 OF SEC 11-50-26 PROJECT No: 03070SW.A
DARREN TOWNSEND (FOR THE ~RM LB6773)
PROFESSIONAL SURVEYOR AND MAPPER
FLOF<IQA. L!CENSE NO. LS(t6476 t.J.
THIS I~ DAY OF I A1l.b
, 200S.
DWG NO:030705WA-ESM
REV:
SHEET: 1 OF 1
"
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