Parcel 22T
TO:
FROM:
DATE:
RE:
Memorandum
Minutes & Records Management
Marlene J. McLaughlin
Property Acquisition Specialist
Real Estate Services
April 4, 2006
CR-951 Water Transmission Mains Project
Agenda Item 108, September 13, 2005
Resolution No. 2005-321 and CWS 2005-05
Please find enclosed one (1) original recorded Temporary Construction Easement for the
above referenced project.
Please contact me if you have any questions or comments at Extension 8922.
Thank you.
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PROJECT: Collier Boulevard Water Main Project 70151/70152
PARCEL: 22T
FOLIO: 00438440106
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
"
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hE.einafter
:J1red to as the "Agreement") is made and entered into on this 81 day of
cu Il-l-- ,2006 by and between DIVOSTA HOMES, L.P., a Delaware limited
partnership, (hereinafter referred to as "Owner"), whose mailing address is 4500 PGA
Boulevard, Suite 400, Palm Beach Gardens, Florida 33418-3965, 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" I which is attached hereto and made
a part of this Agreement, (hereinafler 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 Three Thousand Three Hundred and No/100 ($3,300.00)
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,. traes, 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.
..
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA ·
PURSUA~ ~ t?-NDA ·
OATEDt - - rreM NO. 10f!:::,
This P.,roperJy has been a~uired under
threat of condemnation and is exempt from
documentary stamp tax.
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Temporary Construotlon Easement
Collier Boulevard Water MaIn Project
DIVosta Homes, L.P.
Parcel 22T
Page 2
..
5. The Purchaser shall pay for all costs of recording the Temporary Construction
Easement in the Public Records of Collier County, Florida. The cost of a title
commitment shall be paid by Purchaser.
6. 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.
7. 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.
8. 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.)
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto hav~xecuted this Temporary
Construction Easement Agreement on this ~L- day of _t'(u ~ .L , 2006.
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Date Property'acquisition approved by BCC: September 13, 2005
Resolution No.: 2005-321/CWS 2005-05
AS TO PURCHASER:
DATED: '"?::r-?::'~
..
ATTEST:
DWIGHT E. BROCK, Clerk.
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be uty Clerk
Attest as to ha fraan . s
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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
~~
By: ~
Frank Halas, Chairman
Temporary Construction Easement
Collier Boulevard Water Main Project
DIVosta Homes, L.P.
Parcel 22T
Page 3
AS TO OWNER:
bATED: -:::J-q ~C)~
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itness Signature)
Name: K /f )c..fI ~10 I3CJvU~
(Print or Type)
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tness (Signature) ')
Name~V\f\.Q\~i+m
(Print or Type)
Approved as to form and
legal sufficiency:
/iu~ V~~~
./ Ellen T. Chadwell
Assistant County Attorney
DIVOSTA HOMES, L.P., a Delaware
limited partnership
By: DIVOSTA HOMES HOLDINGS, LLC
a Delaware limited 'ability company,
its artne /
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EXHISIT.LL
Page I of I
TEMPORARY CONSTRUCTION
EASEMENT (DURA TION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
7015"1 Y-
PROJECT 70 I S-;:t
PARCEL Q;<, T
FOLIO Doy 6f{ l../L.( CJ
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (22. T) ~
IN THE NW 1/4 OF THE SW 1/4 OF SECTION 26, TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
P.O.C.
NW CORNER
SECTION 26
S89'37'29-E 100.00'
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SECTION 26
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FOLIO NO.:
00438440106
KEX:
C.R.-COUNTY ROAD .
F.P.&L-FlORIDA PO'M:R & LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFlCIAL RECORDS BOOK/pAGE
P.O.B.-POINT OF BEGINNING
P.O. C.-POINT OF COMMENCEMENT
NO.-NUMBE:R
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DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT l YlNG IN THE NORTHWEST 1/4 OF. THE SOUTHWEST 1/4 OF
SECTION 2'6, TOWNSHIP SO SOUTH, RANGE 26 EAST, COWER COY~TY, FLORIDA: .
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26, THENCE RUN S89'37'29.E, A DISTANCE OF 100.00
FEET ALONG THE NORTH UNE OF SAID SECTION TO THE EAST UNE OF THE HENDERSON CREEK CANAL
RIGHT-OF-WAY; THENCE RUN SOO'SO'<<-W, A DISTANCE OF 3371.76 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
tEET: THENCE RUN S90'00'00.W, A DISTANCE OF 25.00 tEET TO SAID EAST UNE; THENCE RUN NOO'50'44-E, A
DISTANCE OF 25.00 tEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING.
CONTAINING 625 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
tiQIE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FlELO SURVEY.
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 BL YD., SUITE 4, FORT MYERS. FlORIDA 33912 .
ii:! '. . PHONE: (239)217-0722 FAX:' (239)277-7179 EMAIl: SURVEY1NGCCOONE~.COM
CUENT: ,GREElEY AND HANSEN, llc DRA\\N BY: DKT CHECKED BY: JNW
PARCElDESCAIPll0N: , . DATE: 03/011/05 SCALE: 1-"30'
;TE"'P.. CONSTRUcnON EASEMENT IN 'tHE '.1 i
.NW 1/4 OF' 'tHE SW 1/4 OF' SEC 28-50-28 PROJECT No: OJ0705W.A
DA~REN TOWNSEND (FOR THE ~RM LB6773)
PROFESSIONAL SURvEYOR AND MAPPER
FLORlQAJ.tlCENsE NO. ls 1176 H
THIS t-i:!!:' DA Y OF A~
. .
. 2005.
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The fo egoing Temporary~Construction Easement was acknowledged efore,me this.
q day of. 2000 by~-cQd~(\c \ (2'~(,Ol..t- (Name), '-R -<. (Title),
on behalf of DiVosta Hom Holdings, LLC, a Delaware limited liability company, as general
partner of DiVosta Homes, L.P., a Delaware limited partnership, who is personally known to me
or who h~s producod------------as-idefltificatioA-:-
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~ (affix notarial seal) (-~" ~~ ~
($ignature ~ Nota~ . Ii~k
(Print Name of Notary Pu c)
NOTARY PUBLIC
Serial/Co~m~ssion #.:(if anyJ\)~~q ~.::::(
My Commission Expires: \ -~ \\.)
~ed a~t.. form' legal lufficiefHS CONVEYANCE ACCEPTED BY THE This PfOPe~ has been a~uired under
/{ / j - BOARD OF COUNTY COMMISSIONERS, th"eat Of con"';'mnation and is exempt from
~ COLLIER COUNTY FLORIDA, ,\m
lu istant County Attorn., PUKSUANT TO T-HE PROVISION~S documentary stamp tax.
Ellen T. Ch...l1 OFRESOLUTION-NO.~-~~~~.~
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PROJECT: Collier Boulevard Wa.ter Main Project 70151/70152
PARCEL NO.: 22T
FOLIO: 00438440106
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made and entered into this /t day of h1a~ , 20~,
by DIVOSTA HOMES, L.P., a Delaware limited partnership, whose mailing address is 4500
PGA Boulevard, Suite 400, Palm Beach Gardens, Florida 33418-3965, (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 Tamiami Trail East, 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 reseNations 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
day and year first above written.
~~~,6we.v
itness (Signature)
Name:
DIVOSTA HOMES, L.P., a Delaware
limited partnership
By: DIVOSTA HOMES HOLDINGS, LLC
a Delaware limited Ii bility company,
its n I a
JlA-'€A
B'
Name: ~~ ~. "/OJ1
Title: JfLG, ~<;(()E#1
4500 PGA BoulevardJ"Sulte 400
Palm Beach Gardens, Florida 3411-3965
STATE OF ~7uO~
COUNTY 0 /vv.J ~~
~~l~ JEANNETfE R. BINGHAM
..,. lW1 '" MY COMMISSION # DD486832
"IF~O~ EXPIRES: Jao.20.20IO
(407) 3~153 _ NolaIy Servlce,com
*** OR: 4000 PG: 3860 ***
TEMPORARY CONSTRUCTION
EASEMENT (DURA TION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
701 ~I 'f-
PROJECT 7015;:1.
PARCEL ;2;;(. T
FOLIO Do,-/ Z'iri../LiOIO&
EXHIBIT A
Page / of I
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (22. T)
IN THE NW 1/4 OF THE SW 1/4 OF SECTION 26, TOWNSHIP 50 S,
RANGE 26 E, COLLIER COUNTY, FLORIDA
S89'37'29.E 100.00'
to
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NORltf LINE
SECTION 26
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100' R/W
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FOLIO NO.:
00438440106
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C.R.-COUNTY ROAD
F.P.&L-FlORIDA PO'M:R & LIGHT CO.
R/W - RIGHT-OF-WAY
O.R. - OFFlCIAL RECORDS BOOK/pAGE
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
NO.-NUMBER
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LYING IN ltfE NORltf'M:ST 1/4 OF ltfE SOUltfWEST 1/4 OF
SECTION 26, TOWNSHIP SO SOU ltf , RANGE 26 EAST, COWER COUNTY, flORIDA:
COMMENCING AT ltfE NORltf'M:ST CORNER OF SAID SECTION 26, 1l1ENCE RUN S89.37'29.E, A DISTANCE OF 100.00
FEET ALONG ltfE NORltf LINE OF SAID SECTION TO 1l1E EAST LINE OF 1l1E HENDERSON CREEK CANAL
RIGHT-OF-WAY; ltfENCE RUN SOO'SO'<<.W, A DISTANCE OF 3371.76 FEET ALONG SAID EAST LINE TO 1l1E POINT OF
BEGINNING; ltfENCE RUN S90'00'00.E, A DISTANCE OF 2S.00 FEET; 1l1ENCE RUN SOO'SO'44.W, A DISTANCE OF 2S.00
FEET; ltfENCE RUN S90'OO'OO.W, A DISTANCE OF 25.00 FEET TO SAID EAST LINE; 1l1ENCE RUN NOO'50'44-E, A
DISTANCE OF 25.00 FEET ALONG SAID EAST LINE TO ltfE POINT OF BEGINNING.
CONTAINING 625 SQUARE FEET OR 0.01 ACRES. MORE OR LESS,
tillIE;
1l1E PARCEL BEARING, DISTANCES. AND AREAS
CALCULA TED ARE BASED ON A FlELD SURVEY.
BASIS OF BEARING: STATE ~LANE COORDINATE
SYSTEM. flA. EAST lONE. '83/'90.
DARREN TOWNSEND (FOR ltfE FIRM L86773)
PROFESSIONAL SURVEYOR AND MAPPER
F'._ORI~ ulCENSE NO. LS n 76 H
THIS '.j.I-.. DAY OF AI'2C
, 2005.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BL YO., SUITE 4, FORT MYERS. FLORIDA 33912
PHONE: (239)277.....0722 FAX: (239)277-7179 D.4AIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LL ' DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPllON: DATE: 03/09/0S SCALE: 1....30.
TEMP. CONSTRUCTION EASEMENT IN 1l1E
NW 1/4 OF ltfE SW 1/4 OF SEC 26-50-26 PROJECT No: 030705W.A
DWG NO:030705WA-ESM
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