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Backup Documents 09/15/2009 Item #16B15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 B 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 5 (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 in routing order) -h b ~ ~ ~ 5.Sm: fib6fl, Executive Manager Board of County Commissioners f/ /I 0\ 1,20 r:- rAN rvll,CHEL-~ "'( jX-~ J >(tj 6. Minutes and Records Clerk of Courts Offi\;c ~T'.t>" "'Wi:>":' " 'ST TT ;,,is ,;;;'"T'1;<2' ..T4'!'1:.7r''''.....,''''''. ;:.,v l,()"l)~:/ r PRIMARY CONT ACT 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 BCe Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the item.) Name of Primary Staff Jerry Kurtz / " L. \~. ~tI Phone Number 252-5860 Contact usr ~ JD Agenda Date Item was 09/15/09 Agenda Item Number I6BI5 A roved b the BCC Type of Document Easement Agreement Number of Original 1 Attached 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) Aoolicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be NB 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 NB 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 ofBCC approval of the N/A 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 NB signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip NB should be provided 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 time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on and all changes made during the NB meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 903.04 26815 MEMORANDUM Date: October 8, 2009 To: Jerry Kurtz, P.E. Principal Project Manager Transportation/S tormwater From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Drainage, Access and Maintenance Easement: Calusa Park Elementary Per your request, this is one certified, recorded copy of the above referenced (Agenda Item #16B15), as approved by the Board of County Commissioners on September 15,2009. The Minutes and Records Department has retained the original document for the Board's Records. If you should have any questions, please call me at 252-8411. Thank you. Enclosure colter County 16815 ~ ~........... ~ -- - T ransoortation Services Division Stormwater Management Section Inter Office Memo Date: September 15, 2009 To: Board of County Commissioners From: Jerry Kurtz, P.E. .)JL Re: Calusa Park Elementary Easement Agreement The attached agreement requires Commissioner Fiala's notarized original signature; as stated in Jennifer White from the County Attorney's Office's e-mail (attached). Attachments: E-mail from Jennifer White Calusa Park Elementary Easement Agreement Exhibit A CC: John Vliet, Project file G> TransportatKlr1 SerY1C€S DIvIsion' 2885 South Horseshoe Dnve . Naples Fonda 34104 . 239-252-8192 . FAX 239-252-2726 16815 BetancurNatali From: KurtzJerry Sent: Monday, August 31, 2009 11: 15 AM To: BetancurNatali Subject: FW: Calusa Park Easement Attachments: Calusa_Park_Easement_Package[1 ] Follow Up Flag: Follow up Flag Status: Flagged Just making sure you see this again. What she is saying is that typically the aids only complete one section. This has a signature and a notary section. From: whitejennifer Sent: Wednesday, August 26, 2009 4: 16 PM To: KurtzJerry Subject: Calusa Park Easement I just approved this in Novus. Just a reminder for when this is processed thru BCC...make sure that the document contains a cover memo that states that you need an original signature from Ms. Fiala as well as the document being notarized. This is extraordinary so it should be explained when it comes thru. Jen 1 INSTR 4347359 OR 4496 PG 2156 16815 RECORDED 10/2/2009219 PM PAGES 7 RE-RECORD INSTR 4342762 OR 4492 PG 2320 DWIGHT E. BROCK RECORDED 9/18/20091004 AM PAGES 7 COLLIER COUNTY CLERK OF THE CIRCUIT COURT DWIGHT E BROCK REC $61.00 COLLIER COUNTY CLER DOC@ 70 $0 70 REC $61KO~F THE CIRCUIT COURT CONS $1000 . STORMW A TER PROJECT: Calusa Park Elementary FOLIO NO.: 00399840007 DRAINAGE, ACCESS AND MAINTENANCE EASEMENT THIS EASEMENT, made and entered into this 15 day of ~\emtt<- , 2009, by the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, whose mailing address is 5775 Osceola Trail, Naples, FL 34109, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida ::c: 34112 (hereinafter referred to as "Grantee"). 0... < (Wherever used herein the terms "Grantor" and "Grantee" includes each parties' 0::: 0 < respective heirs, legal representatives, successors and assigns. Grantor and Grantee 0::: <: are used for singular or plural, as the context requires.) 0... E-< CI) 0::: WIT N E SSE T H: H ~ 0 Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable E-< i:L1 consideration paid by the Grantee, the receipt and sufficiency of which is hereby E-< <: acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a non- Q Q exclusive drainage, access and maintenance easement to enter upon and to install and Q < maintain drainage structures and facilities, including but not limited to ditches, swales, 0 earthen berms, rip-rap and retaining wall systems, underground pipes, and various E-< Q types of water control structures over, under, upon and across the following described i:L1 Q lands located in Collier County, Florida, to wit: 0::: 0 U i:L1 See attached Exhibit "A" which is 0::: I incorporated herein by reference. i:L1 0::: 0 z Subject to easements, restrictions, and reservations of record. H i:L1 ~ ~::: 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 facilities thereon. Construction and future maintenance of the easement area and all facilities therein is the responsibility of the Grantee. The easement granted herein shall CO'1stitute an easement running with the land and shall burden the lands described above. 16815 Within sixty (60) days of the execution of this easement by Grantor, Grantee agrees to pay Grantor the sum of SIX THOUSAND DOLLARS ($6,000.00), which shall be the Grantee's portion of the cost to relocate a fence outside of the easement area to the mutual benefit of both parties. To the extent permitted by law, Grantee shall indemnify, defend, save and hold harmless the Grantor, the Grantor's officers, agents and/or employees from and against suits, demands, claims, liability, losses, penalties, damages, judgments, order, decrees, and costs and expenses (including attorney's fees and all costs of litigation) for property damage, liability, or death which may result from any willful misconduct or negligent act, error or omission of the Grantee in connection with this Easement. This indemnification provision shall not be construed as a waiver of any limitation of liability to which the Grantee may be entitled under Section 768.28, Florida Statutes. [SIGNATURE PAGES TO FOllOW] Page 2 of 5 16815 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA WITNESSES: Lm,~ By: y2w~~d/ 19tness (Sig.N1U~,.B Patricia M. Carroll, Chair lit-Nt: . V.sTt4~ Name (Print or Type) ~. .~2~~ Dennis L. Thompson , Superintendent Approved as to form and Legal sufficiency: Page 3 of 5 16B15 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA WITNESSES: / /7 J.# cr. '7 By: ~J c:';"</(A..t_k:#,.. Witness (Signature) Donna Fiala, Chair Name (Print or Type) Witness (Signature) Name (Print or Type) t ;.......' ~\ '~ I .. l -." ~ ....AT......'.-r.E."........ ..:.. '.'..'~...::.~:.....'. ~ t'';,.''.' ..,~ : ... {' .' ! '.' ,.' C · It) Brock .'.'.. F . .,( \ Clerk of Courts .' nt~,l~. . u :to, ~I rr..,. . s 1 (jfla't:Ur,~ 01'11 . Approved as to form and Legal sufficiency: Jen~~\..;k County Attorney Page 4 of 5 16B15 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Drainage~ccess and Maintenance Easement was acknowledged before me this 3D~ day of A~~ ' 2009, by Patricia M. Carroll, Chair of the District School Board of Collier un, Florida who: L is personally known to me OR produced as proof of identity. (affix notary seal) ~o,h ~u>vOlVn~ (Signature of Nota Public) oIt.....~H...~ DEBORAH A. NAlDENOFF ~k,()r f\-'h 1)JA-IClervof+ e"C MY """"SlON '00 """ ~. . it! EXPIRES: January 30, 2011 (Print Name of Notary Public) . .R(.... I!ondId nUll Notary PubIc UndelWlltets Serial! Commission # (if any): My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Drainage, Access and Maintenance Easement was acknowledged before me this J 5 day of S E?"rEiYl'i3E{S. 2009, by Donna Fiala, Chair of Board of County 'P:mmissioners of Collier County, Florida who: /~ is personally known to me OR produced proof of identity. (affix notary seal) (Signature of N tary Public) :" I' I' I........... .................... II ..... II IAN M r"lC-HELL : IAN MITCHELL : ; _ """'"" 1lOOO1l102. ! (Print Name of Notary Public) . . i . E~ 7121I2012 ~ Serial! Commission # (if any): : . FIortdII NaI8ryAun., lAc : -..... tn. II II...... ................ ..... II I...: My Commission Expires: \ Page 5 of 5 , 16815 STATE OF FLORIDA COUNTY OF COLLIER The fOregOina Drainage, Access and Maintenance Easement was acknowledged before me this:;O day of ~ J... , 2009, by Patricia M. Carroll, Chair of the District School Board of Collier Count , Florida who: X- is personally known to me OR produced as proof of identity. ~~ (affix notary seal) . JII. (Signa ure of Notary u lie) +o~~~Y.~~e(1:- DIANE M. RUSTAY (Print Na~~ 1'<OFFC~<:J Bonded Thru Budget Notary Sel'IlceI Serial/Commission # (if any): My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Drainag , cess and Maintenance Easement was acknowledged before me this 3D~day of , 2009, by Donna Fiala, Chair of Board of County Commissioners of Colli ty, Florida who: 'X is personally known to me OR produced as proof of identity. (affix notary seal) lie) iA.'J~ DEBORAH A. NAlDENOFF .D2bDv' A- \\ A. t\) Alde/ll o-F+ tw MY COMMISSION 1/ DD 634659 (Print Name of Notary Public) ~ . .i EXPIRES: January 30, 2011 '. .;.~ Iloncled Thru Notary Public Underwrltell Serial/Commission # (if any): My Commission Expires: Page 5 of 5 168 i-~- , ~~1' ~ 1'5. EXHIBIT ~ ! J ;~I J --A- "~~. ~I '" '':-. i ~ ~..i:'1 y ~JG ' J1il < Q~ ~ "I~ o8r<Cl I lit w 'w' ~ ~i w' I ~I ~\o::'O t( , l!l" "<t to I ,o.~o II! m <0 C\J " 0> C\J ;;; ..... I c> I ..... 0 Cl. c> c> It} ! I Cl. Cl. I 0> "<t ,.,., uS I ;;) o . It} z 111;1 ..... I 0> " 0 <0 ,.,., 1= cr C\J I e..> ci ci w 81 I a:: ci V> ci lJ.. ~r 0 "<t ti "'- .~ ~ ..... - l- V> ~ II 10 ~ "<t :r ~ 10 I- ~ ..... :::> ~.c '0 0 "0 C III ~~ . 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