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Backup Documents 07/28/2009 Item #16D 5 ORIGINAL DOCUl\1ENTS CHECKLIST & ROUTING S4IZ. 0 5 " TO ACCOMPANY ALL, ORIGINAL DOCU1\1ENTS SENT TO~ U . TEE BOARD OF COUNTY COl\1M1SSIONERS OFFICE FOR SIGNATURE , Print 011 pink papa, Att1ch to origin:1l d.cx:xmlI:nt. Origilul rllY'lm""rr.should be h.a.od dcli.vered. to me Board Office.. The-complW:d routing slip :1lld origi.n:U dtnn<l"" III are to be.:futwardc:d to dl.e Board Offio: only !:Ckt tb.e Boatd has taken. acrion. OIl d1e item..) , " . , ,.", " ::. .. ," ROUTING SLIP ' ...... "Campletc routing .lit1.d #1 through #4 ;u ~ fur a.d.di.da:1aI si~ ds.td, mdlor infoa:oa!ion n.eeded..1f dl.e rl~~r' i.s ili=iy CllLIlplc:te with the' don of'th.e C""n-m:m's si draw a line lbroa rol1lin Jines #1 tbrou #4, eompL::tz:. t.b.e d1.ectlisc md forward !Xl Sue- FiJsan (I1nt: 11:5). ' Route to Addressee{s) , Office Initials, Date (Li3r in IOlltin order)' . .. '; :.,,-: 1. 2. 3. ,. 5.' S'l~ FIkon. Executive Manager Board of County Commissioners ~fN'''' ,(\.t} t -rt- H e. L~ 6. Wnutes and Records Cle:clc of Court's Office - PRJl\.1ARY CONTACT' INFORl\1A nON ('I'b.c pri:m:u'y C011C1Ct is lhe bolder of au: original documcI1t pending Bee approvul. Nonmny tb.c primary == i:J we p=on who. =r.cdIpn:parcd lhe c:x=dvc Sl11l:Il:lWY. Primary =C1a infcrmalion i.s tu::eded in the event one o{ lhc: 0Idrl== above. including Sue filson.. nced !Xl cpn= staff fat additiozW or lI1iss:ing infoamllioa. All origiIuU doc:um=lr:s needing au: Bee Q.airm;m's signa== (lJ be d.eiivaed (lJ lhc: ace otnc:.= only il.fi:.e:' tl1c ace Jw as:::t:::d.to approve: rhc itr:m. ) Name of Primary Staff Phone Number 01: '1 ')/ '-r\ Contact O\::.J 0( - ()(l,OOC7' Agenda Dace Item was Agenda Item Number I - 1'\ 5 A roved b theBCC W ~ Type of DocUIncot Number of Original \ Att.n.ched Documents Attached INSTRUCTIONS & CHECKLIST .Initial the Yes column or mark "'N/A" in the Not Applicable column. whichever is Yes NlA (Not ~ (Ini tiaI) lica.ble) 1.. Original document has been signedimitia.1ed fur legal sUfficiency. (All documents to be ' . signed by the, Chai:rman. with the exception ot most letters:. must be revieWed. and signed ~' oy the Office of the County Aw:rmey. This includes signal:l..lrC pages from orciinances. r=olutio~ etc. signed by the Cou,nty A.1.tJ:;rrJey's Office and signature pages from contracts., agreements., etc. chat have been fully ~ by all parties except the BCe 0Ia.irman and C1cd: to the Board and ssibf State Officials.) 2. AIl handwrittcn.strike-tbrougb. and revisions have been initialed. by the County ~rney.' s N A. Office and all other artics e t the BCC Chairman and the Ocrk to the Board 3. The Cbainpan's signature line date bas been entered a.'5 the date ofBCC approval of the document or the final De tiated contract date whichever is licable. 4. ''"Sign here" tabs arc placed on the appropriate pageS indicating where the Chairman's si' and initia.l5 are r 5. In rilost Cases (some contracts arc an exception), the original document and this routing slip , should be provided to Sue Filson iIl the Bee office within 24 hours ofBCC approval. W?r Some documents arc time sensitive and require: "'forwarding to Tal1ab.assee within a certain '"1 time frame or the BCe's actioos are nullified.. Be aware of our dea.dlines! ' 6. The docwnent was approved by the ~CC on . (enter, date) and all changes ~'. , made during the meeting have been Incorporated In the attached document. The V'U Conn ttorn 's Office h.a.s renewed th.e es., if a licable. ,. l: FormsI Coun.r:y For=J Bee FonmI Origi=! IJocurn=c:s R.muing Slip WWS Origin.al9.03,04. R.t:visbi 1.26,0:5. Revi.1M 2..24,05 "___...'._..._......,.<....;'..'.._........,'..".i_''''"_,.''..'"-'i>I''''''' ......,""""".,.._., , ~._',"-""_..,.".-._~ 16 [) 5 MEMORANDUM Date: July 29, 2009 To: Sue Zimmerman Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Access Easement Agreement Attached please find one original document, as referenced above (Agenda Item #16D5), approved by the Board of County Commissioners on Tuesday, July 28,2009. Please forward for recording and return the fully executed orie:inal to the Minutes and Records Department so that it may be kept as part of the Board's permanent record, If you should have any questions, please contact me at 252-8411, Thank you. Attachments ~.."'"'~.. ..-'."""'.---.,.--.-..-....- 1'11'1' ..._..~__;.,",.....,-,...'''"' .."""-,._---,,.- 1'<Ir v _""..-~",..^,,~ "..,,- 16 [15 Prepared by and Return To: Mark E. Adamczyk, Esq. Peck & Peck, P.A. 5801 Pelican Bay Blvd., Suite 103 Naples, Florida 34108 ACCESS EASEMENT AGREEMENT f1.-..: This Agreement to Vacate Access Easement (the "Agreement") dated the 255 day of S(.,..l ~ ' 2009, by and between DELASOL HOMEOWNERS ASSOCIATION, INC., a Florid not-for-profit corporation ("Delasol"), with a maIling address of c/o Integrated Property Management, 3435 10th Street North, Suite 201. Naples, Florida 34103, and COLLIER COUNTY, FLORIDA, a political subdivision and County of the State of Florida ("County"), with a mailing address of 3301 E. Tamiami Trail, Naples, Florida 34112. WHEREAS, Delasol is the owner of the following real property located in Collier County, Florida: Tract "P-5", as shown on the plat of DELASOL PHASE TWO, a subdivision in Collier County, Florida, according to the plat thereof recorded in Plat Book 41, Pages 51 through 55, inclusive, of the Official Records of Collier County, Florida. WHEREAS, pursuant to the above-referenced plat, a twenty (20) foot access easement over Tract P-5 was dedicated and conveyed to County to access Tract "U", said access easement being more particularly shown as "20' A.E," in Plat Book 41, Page 55, and in the Warranty Deed dated October 16, 2006 and recorded in O.R. Book 4165, Page 122, all of the Official Records of Collier County, Florida (hereafter referred to as the "Access Easement"); and WHEREAS, County has conveyed said Tract "U" to Delasol by Quit Claim Deed dated December 2, 2008 and recorded in O.R. Book 4418, Page 3296, of the Official Records of Collier County, Florida; and WHEREAS, Delasol has requested that the Access Easement be vacated, but County wishes to retain a substantial portion of the Access Easement for public purposes on the terms and conditions stated in this Agreement. WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants herein, the adequacy and sv fficiency of said covenants having been acknowledged by all parties to this Agreement, the parties hereby covenant and agree as follows: 1. The above-referenced recitals are true and correct. 2. The parties acknowledge and mutually agree that the Access Easement may not be used by the public to access Tract "U" or any portion of the Delasol subdivision and may be ~'."-_._",.,...-..,,,...,.- -- --~ ~ - , ,~--~ . '"_.~.,' ~ . 1605 used for public access to the following described parcel, subject to the limitations stated below in Paragraph 3: The South 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 24, Township 48 South, Range 25 East, of Collier County, Florida (hereinafter referred to as the "Conservation Parcel") 3. The County expressly agrees to the following terms and conditions regarding the use, extent and duration of the Access Easement: a. The County may use the Access Easement in a reasonable manner in connection with the inspection and acquisition of the Conservation Parcel. If the County acquires title to the Conservation Parcel, the County may retain a portion of the Access Easement for public access to the Conservation Parcel and the construction of related access facilities, provided that the County executes and delivers to Delasol a quit claim deed conveying the North ten (10) feet of the Access Easement to Delasol. Further, County agrees to be solely responsible for any regulatory permits (including but not limited to new or existing environmental resource and wetlands permits) needed for its use of the Access Easement. b. Notwithstanding anything stated in this Agreement to the contrary, if the County does not acquire title to the Conservation Parcel within five (5) years of the date of this Agreement, the County agrees to execute and deliver to Delasol a quit claim deed conveying the Access Easement in its entirety to Delasol and remove any temporary or permanent access improvements and repair any damage caused by the County's use, at its sole cost and expense. 4. In the event of a default under this Agreement, the non-defaulting party shall be entitled to pursue any legal or equitable remedies pursuant to Florida law, including an action for specific performance or injunctive relief, Florida law shall govern this Agreement. Venue for any proceeding to enforce this Agreement shall be in Collier County, Florida. The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable attorney's and costs so incurred. 5. This Agreement shall be binding upon, and shall inure to the benefit of the interested persons and their respective successors, assigns, heirs and representatives. 6. This Agreement is intended to become effective immediately upon being recorded within the Public Records of Collier County, Florida, .;....,,"',_.~'" -_.-~~...."---,~-- __H_ ~,..,,,. "'-'- , 1605 ' .If DATED: 1-r'Z-~ lcCJ BOARD OF COUNTY COMMISSIONERS OF ATTEST: COLLIER COUNTY, FLORIDA D~k 1fJ~ .J~ @Q,:.;.."'~": f4k By: .~ .; :~tUlt.' ~~~~ I ' Chairman , tt",.t ".'" ,~.".,~ ~ . ~ .Ott.. ~~,j\'.~ ',\ ~ ~\";>".' "f / , '/l~';: ~~:' .' ';',,/ Witnesses: AJI(f Delasol Homeowners Association, Inc" a Florida non-profit corporation (((xGv v'l-! J' S' /? (.), \"A....:; -( Print NlllJje ~ By: Name: ~-d6 /~~ Title: . ~.., -:;;7 ;(.4--;r,4?LcePtJ .r: ,S~/.fcL~jl Print Name Approved as to form and legal sufficiency: ,) -ol, ;4- UrO @ eidi ~shton-Cicko Assistant County Attorney , "--,-,,,,'--',-.. 1 _,"..._..M'~"_""~_ ',".,~, -,,--