Backup Documents 04/27/2021 Item #16C 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney
2. BCC Office Board of County ..wv,�'j
Commissioners -a 1
3. Minutes and Records Clerk of Court's Office /
VW 5(q26 -) c`5S
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917
Contact/ Department
Agenda Date Item was I Agenda Item Number
Approved by the BCC '11 Z7 Id < 6Type of Document ��� � Number of Original
Attached s Documents Attached
PO number or account Account: Fund , Costg r��enter , Object
number if document is Code 649030, Project
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? •-
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. 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.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's L l�ftl Q �_
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on -¢J 2.1 Lt 2^I ,and all changes N/A is not
made during the meeting have been incorporated'in the attached document. The 01C an option for
County Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the (/t 1 an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16C 2
MEMORANDUM
DATE: May 4, 2021
TO: Cindy Erb, Sr. Property Acquisition Specialist
Facilities Management Department
FROM: Martha Vergara, Sr. Deputy Clerk
Minutes and Records Department
RE: Easement Agreement — DIAJEFF, LLC and ALISAN, LLC
Attached per your memo are the originals of the document referenced above,
(Items #16C2) approved by the Board of County Commissioners on Tuesday,
April 27, 2021.
The Board's Minutes and Records Department has retained the original as part of
the Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
16C 2
PROJECT: Basin 305 Pump Stations
PUMP STATIONS: 305.01
TAX IDENTIFICATION#: 00393600007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinaft r referred to as the "Agreement") is made
and entered into on this ,/)''4"day of , 2021, by and between DIAJEFF LLC,
a Delaware limited liability company, AND LISAN LLC, a Delaware limited liability company,
each as to an undivided 1/2 interest, (hereinafter collectively referred to as "Owner"), whose
mailing address is 185 NW Spanish River Blvd, Boca Raton, FL 33431-4227 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 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112.
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for the purpose of
constructing, operating, maintaining, and repairing a pump station and related facilities over,
under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the
"Easement"), which is attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Easement 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
Easement;
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 Easement to Purchaser for the sum of One Thousand Two
Hundred and Seventy-Two dollars and 10/100 ($1,272.10), payable by County Warrant
(said transaction hereinafter referred to as the "Closing"). Said payment shall be full
compensation for the Easement 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
Easement to Purchaser.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Easement upon their
recording in the public records of Collier County, Florida. Owner shall provide such
instruments, properly executed, to Purchaser 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 Purchaser executes this Agreement;
provided, however, that Purchaser shall have the unilateral right to extend the term of this
Page 1
1 6 G
4. Purchaser shall pay for all costs of recording the conveyance instrument 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 for any curative instruments shall be borne and paid by Purchaser. The cost of a
title commitment shall be paid by Purchaser.
5. 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.
6. Conveyance of the Easement 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.
7. If the Owner holds the property underlying the Easement 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 underlying the Easement before the Easement held in such capacity is
conveyed to Purchaser, 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.)
8. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
9. Purchaser agrees to do and shall do the following:
a) Provide Owner and occupants with advance notice of construction activities
whenever reasonably feasible and shall conduct activities as to minimize
interference with the business operations of Owner and occupants;
b) At its sole expense. repair damages to any area of he premises adjacent to the
Easement caused by Purchaser's activities and restore such premises to its
condition prior to undertaking of such activities, including but not limited to
restoration of improvements and backfilling of any excavated land;
c) Not unreasonably interfere with vehicular ingress or egress to Owner's land, nor
use the Easement area or adjacent premises to store materials, machinery or
equipment in a manner that impedes visibility to vehicles or pedestrians to
creates a safety hazard;
d) Accept the Easement area in its current "AS-IS" condition without further
representation or warranty of any kind whatsoever. express or implied, made by
Owner, and release and discharge Owner from any claim, cause of action,
demand. expense, or liability whether known or unknown, foreseen or
unforeseen, connected with the Easement area, including without limitation, the
condition if the soils, except as specifically set forth in this agreement;
Easement Agreement Page 2
16C 2
e) Perform all activity necessary to prepare the Easement area for the facilities, at
its sole expense. and obtain any necessary approvals prior to such preparations:
and
f) Add Owner, Kin Properties Inc. (as managing agent of Owner), and their agents
as additional insured under Purchaser's liability policies. All insurance carried by
Purchaser must be primary and non-contributory to that which may be carried by
Owner.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement on this c ')
day ofD..i v� , . 2021.
Date Easement acquisition approved by BCC: `'} 41 2_0 "L
AS TO PURCHASER:
DATED: y "p
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
CRYSTAL K. KINZEL, Clerk GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY ATER-SEWER DISTRICT
A st as to Chairmanliep CI
signature only. _ BY:
ENVY TA R, Chairman
Approved as to form and legality
4 a'
Jennifer A elpedio,Assista t County Attorney C /
c)2`
Easement Agreement Page 3
16C 2
AS TO OWNER:
DIAJEFF LLC, a Delaware limited liability
company AND ALISAN LLC, a Delaware
Witness(Signature) limited liability company, each as to an
undivided 1/ interest
L Kie/a-(
Name(Print or Typ
BY: KINSAN MANAGEMENT CORPORATION,
1 a Delaware corporation
/
Witness( i ure)
Name(Pri t or Type) eff andelman, its President
Easement Agreement Page 4
1 6 C a
r GRAPHIC SCALE
5 10' 20'
IEXHm rr mmmmm
PV90_2._ 04 '
c t>, rem 1
1 Loch - 10' ft.
PALM DRIVE
THE GLADES UNIT 1
P.B. 10 PGS. 82 AND 83
41:17
-_ PONT OF
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k y
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uwos ocscmefD
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1-- Jr LANDS DESCRIBED I POINT OF 8 g i
IN
1-- den + II
430'54'401' J10 Oc' 1 ` 4'4O'w 25.59'
I
1
vwDS Of-SCRIBED +N pee 1 f76 PCS 2197-2199
0 R B 3999 RCS e245-0250 1
I2-----1
QESCRIPTION I
NOTES Bung a portion of Section 13, Township 50 South, Range 25 East• Collier
County. Florida being more port culorly described as follows:
I This is not a survey
2 Na eosement search or abstracting was Commencing of the intersection of the Right-of-Way line of U.S 41 (Tomiami
done by the surveyor and note sh0u'd be Trail) with the Southecstery Right-of-Way line of Palm Drive as shown on
token that this property is sub,ect to Ony the recorded plat of The Glades Jnit One as recorded in Plat Book 10, Pages
facts that may be revealed under c full 82 and 83 of the Public Records of Collier County, Florida. thence run
and accurate title scorch South 39'O5'20' East, along the %orthery Right of Way Line of U.S 41, for a
3. Unless otherwise indicated, oll existing distance of 1242 00 feet to the westerly most corner of those lands
easements shown hereon are based on p,at described in Maio! Records Book 3999 at =ages 0245 through 0250 of the
4 Not other persons or entities Other than, along
c Records of Collier County Fior,da, thence run North 50'54'40" East
those listed s exclusive ee usersmay rely on along the northwesterly line of sac described onds for a distance of 31000
this sketch do description feet to the watery most comer of the easement described in Official
Records Boom 1176 at Pages 2197 through 2199 of the Public Records of
5 All dimensions are in feet and decimo's Collier County, Florida and the Point of Beginning: thence run North 38'19'08"
thereat, unless otherwise noted West, for a d'storce of 6 00 feet: thence run North 50'54'40" East for o
6 Subject to easements, reservations, and distance of 25.59 feet, thence run South 38'19'08' Eost for o distance of
restrictions of record. 5 CC feet to its intersection with the northwesterly fine of said described
easement, thence run South 50'54'40" West, along the northwesterly line of
said described easement. 'Or a distance of 25 59 feet to the Point of
for the £xciusire Use Of Beginning Containing 153 53 square feet or 004 acres more or less
COLLIER COUNTY BOARD Or
COUNTY CO+utfISSIONERS NityvvG Sketch & Description
David J. Hyatt Ckq'taey,yned by Oa.'d r# Cr4
1 k,attFSMa5834 -! A Portion of Section 13
PSM #5834 ate 2019 05 29 10i555 0
.aaa !A'v
Township 50 South, Range 25 Eost
David J. Hyatt. PSM,, tCollier County, Florida
Florida License No. 583e C)
Not valid without the signature and nvc a
angina! seal of the Florida Licensed 950 M)Qrii COLLIE t 4VVARvv• Ctd*!r Ca,° County Board of County Commissioners
.'W1ers
COLLIER e0ut1v�R0
Professional Surveyor and Mapper srrr 412 a+WECT I.p461 VA aauEcr PS JO5.01
Certificate of Authorization #7705 MSPCO cSiMO, rLOw0a 34145 OR.4rtTD Ire04Tr SCALE e0 N{MI�rR SMELTpR.,1114C M7.
(239) 389-0026»,.rw+ acosu sco« - OH 5-2019 1"_I0' 17-319 1 of I
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