Resolution 2000-145
16811
RESOLUTION NO. 2000 - ~
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF NON-
EXCLUSIVE, PERPETUAL, TRAFFIC SIGNAL INTERESTS BY EASEMENT FOR THE INSTALLATION
AND MAINTENANCE OF THE COUNTY-WIDE COMPUTERIZED TRAFFIC SYSTEM SIGNAL
IMPROVEMENT PROJECT (PHASE I)
WHEREAS, the Board of County Commissioners (Board), in 1997, approved a Joint Participation Agreement
(JPA) with the Florida Department of Transportation (FOOT) to approve funding for the County-wide Computerized
Traffic System Signal Improvement Project (Phase I); and
WHEREAS, the Final Report was presented to the Board of County Commissioners in May of 1998 stating that
FOOT has funded and managed the design process for the County-wide Computerized Traffic System Signal Improvement
Project (Phase I); and
WHEREAS, on March 14, 2000, the Board of County Commissioners was advised that the design process for the
County-wide Computerized Traffic System Signal Improvement Project (Phase I) is complete and FOOT will be
advertising for bids for construction in the upcoming Fiscal Year (commencing July 2000); and
WHEREAS, the County-wide Computerized Traffic System Signal Improvement Project (Phase I) consists of
placement of a "backbone" fiber optic cable trunk line and improvements to sixty-six (66) intersections in both
unincorporated Collier County and the City of Naples; and
WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety
and welfare considerations have been reviewed as they relate to the implementation of said transportation improvements;
and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to
maintain flexibility over the acquisition of property rights required for the construction of the County-wide Computerized
Traffic System Signal Improvement Project (Phase I); and
WHEREAS, the design and construction of said transportation improvements and related facilities have been
determined by the Board to be necessary and in the best interest of Collier County; and
WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Project
are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and is part of the County's
long range planning effort and is consistent with the 1997 JP A with FOOT.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, that:
1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the fmal
adopted location of the transportation improvements and related facilities.
2. The traffic signal interests by easement identified on Exhibit "A" are the most feasible locations, both necessary
and consistent with the project requirements, in order to permit the construction and maintenance of the transportation
improvements and related facilities for the County-wide Computerized Traffic System Signal Improvement Project (Phase
I).
-Page 1-
16 11
3. The Board has determined that the constraction and maintenance of the County-wide Computerized Traffic
System Signal Improvement Project (Phase I) transportation improvements and related facilities are necessary for a public
purpose and is in the best interest of Collier County.
4. The construction and maintenance of the transportation improvements and related facilities are compatible with
the long range planning goals and objectives of the Growth Management Plan for Collier County.
5. It is necessary and in the best interest of Collier County for the Board to acquire the traffic signal interests by
easement identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the
perpetual, non-exclusive, traffic signal interests by easement identified in Exhibit "A".
6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the appraisal firm(s)
selected from the list of firms pre-qualified by the Board of County Commissioners. The Board further directs staff to use
appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in
a timely and cost-effective manner.
7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives the
requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel
(the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In
lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar
amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data
therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data
pertinent to the subject parcels.
8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property
acquisition, Real Property Management Department staff is hereby directed to offer immediate delivery to the respective
property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance
with the provisions of Chapter 125.355, Florida Statutes), in return for the immediate and proper execution of the respective
easements, or deeds and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in
order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent
Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County
Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required for the acquired traffic
signal interests by easement.
9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement
Agreement" mechanism, the Director of the Public Works Engineering Department, or his designee, is charged with the
responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the
purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it
is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being
acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than
Fifteen Thousand and 00/100 Dollars ($15,000.00) or the current purchasing limits established by the Collier County
Purchasing Department; provided, Project funding is available.
-Page 2-
16 11
-: ,.> 'ATTE
./' :' DWiGHTTE.'BRocK, CLERK
,
10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict
with the provisions of Section 125.355, Florida Statutes.
11. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements
where the land owner has agreed to sell the required land rights to the County at its appraised value or at that amount
considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of
Collier County.
12. Where the property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easement
Agreement"), to convey a necessary interest in real property to the County, and upon the proper execution by the property
owner of those easements or fee simple title, and such other legal documents as the Office of the County Attorney may
require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record,
in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff
compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes.
13. All title to properties or interests in properties which have been obtained in the manner described above shall be
deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political
subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County,
Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any
encumbrance from the acquired properties.
THIS RESOLUTION ADOPTED on this~_~ay of ~7~ O,~ ,2000, after motion, second and majority vote.
BOARD OF C~.Igi4'T'f'C1Jl~ISSIONERS OF
COLLIE~D ,U~, FLORIDA
Approved as to form and
legal sufficiencyi ~
Assist~t Coun~ A~omey
-Pa~e 3-
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
Project: 60171
NOT A SURVEY Parcel: 100
EXHIBIT ~olio: 70720440006
TRAFFIC SIGNAL EASEMENT
LOT 30 LOT 31 , ~- O 03
BLOCl ~ rY'
S 89°26'18"W 60.00' '~ P.O.B.
DAVIS BOULEVARD
(S.R. 84)
LEGAL DESCRIPTION
BEGIN AT THE SOUTHEAST CORNER OF LOT 31,BLOCK "A" OF THE PLAT THEREOF, ROCK CREEK PARK, AS RECORDED IN PLAT
BOOK 1, PAGE 79, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S 89°26'18" W ALONG THE NORTH RIGHT
OF WAY LINE OF DAVIS BOULEVARD 10.00 FEET; THENCE N 44°33'59" E 14.17 FEET TO THE WEST RIGHT OF WAY LINE OF AIRPORT
ROAD; THENCE S 00°18'21" E ALONG SAID WEST RIGHT OF WAY LINE 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 50 SQUARE FEET MORE OR LESS.
BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF DAVIS BOULEVARD BEING S 89"26'18" W.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O,B. = POINT OF BEGINNING
3) SEC. = SECTION PREP_ARED BY:
5) RGE. = RANGE .........
GEORGE R. RICHMOND P.L.S. 2406
6) PJW = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN bY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE APRIL 24, 2000 DAVLITE SHEET 1 OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NA?I~ES, FLORIDA 3411t'6 ]~ 1 1
(941) 774-8192
SKETCH OF DESCRIPTION
Project: 60171
Parcel: 101
NOT A SURVEY ~olio: 0038670s01
EXHIBIT.J
TRAFFIC SIGNAL EASEMENT
LEGAL DESCRIPTION
BEGIN AT THE POINT OF INTERSECTION OF THE WEST RIGHT OF WAY LINE OF AIRPORT ROAD
AND THE WEST TO EAST PROLONGATION OF THE SOUTH RIGHT OF WAY LINE OF NORTH ROAD
AS SHOWN ON THE PLAT THEREOF, C.W. HUDDLESTON'S SUBDIVISION, AS RECORDED IN PLAT
BOOK 2, PAGE 100, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,THENCE SOUTHERLY
ALONG SAID WEST RIGHT OF WAY OF AIRPORT ROAD A DISTANCE OF 12 FEET; THENCE WESTERLY
ALONG A LINE LYING 12 SOUTH, AS MEASURED PERPENDICULAR TO, SAID WEST TO EAST LINE
A DISTANCE OF 15 FEET; THENCE NORTHERLY ALONG A LINE LYING 12 FEET WEST, AS MEASURED
PERPENDICULAR TO, SAID WEST RIGHT OF WAY LINE OF AIRPORT ROAD A DISTANCE OF 12 FEET;
THENCE EASTERLY ALONG SAID WEST TO EAST PROLONGATION LINE A DISTANCE OF 15 FEET
TO THE POINT OF BEGINNING.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION PREPARED BY:
4) TWP. = TOWNSHIP
6) RAN = RIGHT OF WAY
- COLLIER COUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY L;HEGKEI.) BY SCALE DATE FILE NO.
NOT TO SCALE JANUARY 19, 2000 STWR670 SHEET 1 OF
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 16/ 1.
(941) 774-8192
SKETCH OF DESCRIPTION
Project: 60171
NOT A SURVEY Parcel 102
Folio: 0026912000
EXHIBIT
TRAFFIC SIGNAL EASEMENT
tl LOT 79
COCONUT RIVER
~ UNIT 1 P.O.B.
/1 N 89°39'15"E
240.00' "
o
oo . o
b~ °
z
,, s 89°39'15"w
240.00'
OUTRIGGER LANE
LEGAL DESCRIPTION
BEGIN AT THE SOUTHEAST CORNER OF LOT 79 OF THE PLAT THEREOF, COCONUT RIVER UNIT 1
AS RECORDED IN PLAT BOOK 3, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; SAID POINT OF BEGINNING LYING ON THE WEST RIGHT OF WAY LINE OF AIRPORT
ROAD; THENCE S 00°42'05" E ALONG SAID RIGHT OF WAY 20 FEET; THENCE S89°39'15" W
10 FEET; THENCE. N 00'42'05" W 20 FEET; THENCE N 89°39'15" E 10 FEET TO THE POINT OF
BEGINNING.
CONTAINING 200 SQUARE FEET MORE OR LESS.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC.= SECTION PREPARED BY:
s) RGE. -- RANGE
COLLIER COUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY GH~GK~D BY SCALE DATE FILE NO.
NOT TO SCALE JANUARY 19, 2000 STWR620S SHEET 1 OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT 1 6 B l 1
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
Project: 60171
NOT A SURVEY Parcel: 103
Folio: 00274 16000~
TRAFFIC SIGNAL EASEMENT
LEGAL DESCRIPTION
THE SOUTH 35 FEET OF THE EAST 20 FEET OF THE WEST 70 FEET OF THE FOLLOWING
DESCRIBED PARCEL; THE WEST HALF OF THE WEST HALF OF THE NORTH 631.24 FEET
OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25, EAST,
COLLIER COUNTY, FLORIDA.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION PREPARED BY:
5) RGE. = RANGE ..........
6) PJW = RIGHT OF WAY ~,O, RGE R. RICHMOND P.L,S. 2406
COLLIER COUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY CHE::L;KED BY SCALE DATE FILE NO.
NOT TO SCALE JANUARY 19, 2000 STWR620N SHEET 1 OF 1
3301 EAST TAMIAM! TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION Project: 60171
NOT A SURVEY Parcel: 104
Folio: 26731200001
EXHIBIT g _
TRAFFIC SIGNAL EASEMENT
LEGAL DESCRIPTION
THE SOUTH 20 FEET OF THE NORTH 55 FEET OF THE EAST 10 FEET OF LOT 27 OF THE PLAT
THEREOF, COCONUT RIVER UNIT 1, AS RECORDED IN PLAT BOOK 3, PAGE 58, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
PREPARED BY:
4) 'EW'P. = TOWNSHIP
5) RGE. = RANGE
GEORGE R. RICHMOND P.L.S. 2406
6) PJW = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY C;HEGKED BY SCALE DATE FILE NO.
NOT TO SCALE JANUARY 19, 2000 STWR615S SHEET 1 OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT 1 6 ~ 1 1
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
Project: 60171
NOT A SURVEYParcel: 105
Folio: 0027416000
XHIBIT_.]
TRAFFIC SIGNAL EASEMENT
LEGAL DESCRIPTION
THE SOUTH 20 FEET OF THE NORTH 80 FEET OF THE EAST 15 FEET OF THE WEST 65 FEET OF
THE FOLLOWING DESCRIBED PARCEL; THE WEST HALF OF THE WEST HALF OF THE NORTH
631.24 FEETOF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25,
EAST, COLLIER COUNTY, FLORIDA.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION PREPARED BY: ~
6) R/W = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY (.;HE(.;KED BY SCALE DATE FILE NO.
NOT TO SCALE JANUARY 19, 2000 STWR615N SHEET 1 OF 1
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY Project: 60171
Parcel: 106
Folio: 6194020000(
TRAFFIC SIGNAL EASEMENT
LEGAL DESORIPIION
BEGIN AT THE POINT OF INIERSECTION OF IHE NORTH RIGHI OF WAY LINE OF FLEICHMANN
BOULEVARD AND THE WES/RIGHI OF WAY LINE OF GOODLE//E-FRANK ROAD; THENCE
EASTERLY ALONG/HE WEST TO EASI PROLONGATION OF SAID NORTH RIGHI OF WAY LINE OF
FLEICHMANN BOULEVARD A DISlANCE OF 132.8 FEET MORE OR LESS TO THE EAST RIGHT OF
WAY LINE OF GOODLE//E-FRANK ROAD; THENCE SOUIHERLY ALONG SAID EAST RIGHI OF WAY
LINE A DISTANCE OF 18 FEET lO/HE POINT OF BEGINNING; THENCE CONIINUE SOUTHERLY
ALONG SAID EASI RIGHT OF WAY LINE A DISTANCE OF 16 FEET; THENCE EASIERLY AND
PERPENDICULAR TO, SAID EASI RIGHI OF WAY, A DISTANCE OF 12 FEE/; THENCE NORIHERLY
ALONG A LINE LYING 12 FEET EASI, AS MEASURED PERPENDICULAR TO, SAID EAST RIGHI OF
WAY LINE A DISTANCE OF 16 FEET; THENCE WESTERLY A DISTANCE OF 12 FEET TO/HE
POINT OF BEGINNING.
GENERAL NOTES
1 ) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINI OF BEGINNING
4) TWP. = TOWNSHIP PREPARED BY:
5) RGE, = RANGE /~- -~ ......................
6) R/W = RIGHT OF WAY '-'GEORGE R. RICHMOND P.L.S. 2406
COLLIER COUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DI:{AWN BY L;Ht:L;KED BY SCALE DATE FILE NO.
! NOT TO SCALE JANUARY 20; 2000 S-I-WR188 SHEET 1 OF 1
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 ,-
(941) 774-8192
SKETCH OF DESCRIPTION
Project: 60171
NOT A SURVEY Parcel: 107
EXHIBIT_J L- SI N,,.w o io: 00274160006
18.oo
o
~, P.O.C.
GOLDEN GATE PARKWAY (C.R. 886)
Curve Delta Angle Radius Arc Tangent Chord Chord Bearing
I 42025'54" 67.00 49.62 26,01 48.49 S 21019'40" W
2 21°56'45" 67.00 25.66 12,99 25.51 S I 1°05'05" W
3 11°36'57" 67.00 13.58 6.81 13.56 S 27°51'56" W
COMMENCING AT THE POINT OF INTERSECTION OF THE FORMER NORTH RIGHT OF WAY LINE OF
GOLDEN GATE BOULEVARD AND THE FORMER WEST RIGHT OF WAY LINE OF AIRPORT ROAD AS
DEPICTED IN O.R. 2064, PAGE 1159, OF THE PUBLIC RECORDS COLLIER COUNTY, FLORIDA; THENCE
NORTH 0 DEGREES 06 MINUTES 43 SECONDS EAST, A DISTANCE OF 47.59 FEET; THENCE NORTtt 89
DEGREES 53 MINUTES 17 SECONDS WEST, A DISTANCE OF 29.17 FEET TO THE PRESENT RIGHT OF
WAY LINE OF AIRPORT ROAD AND THE POINT OF BEGINNING; THENCE LEAVING SAID PRESENT
RIGHT OF WAY LINE AND CONTINUING WEST ALONG SAID LINE, A DISTANCE OF 16.25 FEET;
THENCE NORTH 0 DEGREES 06 MINUTES 43 SECONDS EAST, A DISTANCE OF 12.00 FEET; THENCE
SOUTH 89 DEGREES 53 MINUTES 17 SECONDS EAST, A DISTANCE OF 22.56 FEET TO THE PRESENT
RIGHT OF WAY LINE OF AIRPORT ROAD AND A POINT OF CURVATURE OF A NON-TANGENT CURVE,
CONCAVE TO THE NORTHWEST, HAVING A PADILlS OF 67.00 FEET, A CENTRAL ANGLE OF 11
DEGREES 36 MINUTES 57 SECONDS, AND A CHORD OF 13.56 FEET BEAEING SOUTH 27 DEGREES 51
MINUTES 56 SECONDS WEST; THENCE SOUTHWEST ALONG SAID CURVE, A DISTANCE OF 13.58 FEET
TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.005 ACRE (236 SQUARE FEET),
· MORE OR LESS.
GENERAL NOTES
l) P.o.c. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION PREPARED BY:
5) RGE. = RANGE .........
6) R/W = RIGHT OF WAY /~.-/GEORGE R. RICHMOND P.L.S. 2406
COLLIER COUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY E;HEI~KEU BY SCALE DATE FILE NO.
NOT TO SCALE MARCH 24, 2000 STWRGO SHEET 1 OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT
1'6 11
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
Project: 60171
NOT A SURVEY Parcel: 108 & 109
TRAFFIC SIGNAL EASEMENT
LEGAL DESCRIPTION
THE NORTH 20 FEET OF THE EAST 10 FEET AND THE NORTH 10 FEET OF THE SOUTH 130 FEET
OF THE EAST 10 FEET OF LOT 3, BLOCK "A" OF THE PLAT THEREOF POINClANA VILLAGE UNIT 1, AS
RECORDED IN PLAT BOOK 8, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
GENERAL NOTES
1) P.O.C. -- POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION PREP~AI~ED BY: /
5) RGE. = RANGE .........
GORGE R. RICHMOND P.L.S. 2406
6) R/W = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY C. HI-L;KED BY SCALE DATE FILE NO,
NOT TO SCALE JANUARY 18, 2000 STWR563 SHEET 1 OF 1
16Bll
PROJECT: City of Naples/Collier County Computerized Signal System
FOLIO: 00269120006
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between PERSECO CORPORATION, a Florida corporation,
(hereinafter referred to as "Owner"), whose mailing address is 1410 Airport Road North,
Naples, Florida 34104, and COLLIER COUNTY, a political subdivision of the State of
Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112.
WlTNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for maintenance of traffic signal pole purposes over, under, upon and
across the lands described in Exhibit "A" (said easement hereinafter referred to as the
"Property"), which is attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
to the County for the stated purposes, on the terms and conditions set forth herein, said
terms including that no compensation shall be due and payable for the Property requested by
County; and
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 is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey the Property via an Easement to County at no cost to the
County, unless otherwise stated herein.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their recording
in the public records of Collier County, Florida. Owner shall provide such instruments,
properly executed, to County on or before the date of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this Agreement;
provided; however, that County shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which either remove,
release or subordinate any and all such liens, encumbrances or qualifications affecting
County's enjoyment of the Property.
4. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
16Bll
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 the County; 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 the County, 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 County against and
from, and to reimburse the County 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 County 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 County shall pay for all costs of recording the conveyance instrument, and
recording costs for any curative instruments, in the Public Records of Collier County, Florida.
County shall be responsible for paying any costs and/or fees associated with the securing
and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the Property from the mortgagee(s). All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes shall be borne and
paid by Owner. The cost of a title commitment shall be paid by County.
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/or 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 above; 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 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 Property before the
Property held in such capacity is conveyed to County, its successors and assigns. (If the
corporation is registered with the Federal Securities Exchange Commission or 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
2
16Bll
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: ~,~/.2~..,~d
AS TO COUNTY:
DATED:~~
,,ATTEST,;,,
BOARD OF COUNTY COMMISSIONERS
COLLIER C~A
BY:
Tim t~ con
W~.,~i~zSSES:
Witness (Signature)
Name:
(Print)
Witness ~l~i'gnature) -
Name:O_,r~t~ I/~- ~_.~
(Print)l
PERSECO CORPORTATION,
a Florida corporation
BY: v~"
Approved as to form and
legal sufficiency:
Assistant County Attorney
3
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA
(941) 774-8192 B1 1
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT: 60171
PARCEL: 102
EXHIBIT 'W"
Page__.L_of_ / FOLIO: 00269120006
1 LOT 79
cocouu .,w.
240.00'
OUTRIGGER LANE
LEGAL DESCRIPTION
BEGIN AT THE SOUTHEAST CORNER OF LOT 7tl OF THE PLAT THEREOF, COCONUT RIVER UNIT
AS RECORDED IN PLAT BOOK :3, PAGE ~, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; SAID POINT OF BEGINNING LYING ON THE WEST RIGHT OF WAY LINE OF AIRPORT
ROAD; THENCE S 00'42'0~" E ALONG SAID RIGHT OF WAY 20 FEET; THENCE 889°39'~5" W
q0 FEET; THENCE. N 00'4Z0~" W 20 FEINT; THENCE N 89'3~'~5" E q0 FEET TO THE POINT OF
BEGINNING.
CONTAINING 200 SQUARE FEET MORE OR LESS.
GENERAL NOTES
q) P.O.C. - POINT OF COMMENCEMENT
2) P.O.B, - POINT OF BEGINNING
~) SEC. = SECTION PREPARED BY:
5) RGE. = RANGE · '
8) R/W - RIGHT OF WAY _~_.ORGE R. RICHMOND P.L.tS. 2406
COLLIER COUNTY PUBLIC WORKS
?) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
NOT TO SCALE JANUARY 19, 2000 STWR6205 SHEET 1 OF 1