Backup Documents 06/22/2021 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 1 1
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(omrnt, Attorney Office
at the time the item is placed on the agenda. MI completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office (JB) \ b
4. BCC Office Board of County �� ��
Commissioners
5. Minutes and Records Clerk of Court's Office
ctS 1/1
.5
PRIMARY CONTACT INFORMATION 10'7
6
v `O 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 Patricia Braxton Phone Number 252-5861
Contact/ Department Transportation Engineering-ROW
Agenda Date Item was Agenda Item Number (� I
Approved by the BCC (J Z Z/'u"L 1 d"j
Type of Document Easement Agreement Number of Original
Attached Documents Attached
PO number or account
number if document is
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)
I. Does the document require the chairman's original signature? f,4
2. Does the document need to be sent to another agency for additional signatures? If yes, NiA
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
Office and all other parties except the BCC Chairman and the Clerk to the Board 1,1 A
5. The Chairman's signature line date has been entered as the date of BCC approval of the
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
signature and initials are required. �R
7. In most cases(some contracts are an exception),the original document and this routing slip
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 vizz/z(enter date)and all changes made r WA is NEL
during the meeting have been incorporated in the attached document. The County an optiOal
Attorney's Office has reviewed the changes,if applicable. this lin
9. Initials of attorney verifying that the attached document is the version approved by the /A is
BCC,all changes directed by the BCC have been made,and the document is ready for the option fd?
Chairman's signature.
( a, r..S r7i i E. RC;Lt
C Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2. 4.05; ised 11/30/12
16A11
MEMORANDUM
Date: June 28, 2021
To: Patricia Braxton
Transportation Engineering - ROW
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement: Parcels 160SE, 160TDRE,
160TCE1 and 160TCE2 (Project #60168)
Attached for your records is a copy of the document referenced above, (Item #16A11)
approved by the Board of County Commissioners on Tuesday, June 22, 2021.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
16A1
PROJECT: Vanderbilt Beach Rd. Ext. 60168
PARCEL Nos: 160SE, 160TDRE, 160TCE1, 160TCE2
FOLIO No: 00205880009
EASEMENT AGREEMENT
THIS AGREEME,N (hereinafte referred to as the "Agreement") is made and
entered into on this IoTI day of i— ( , 2021, by and between FRANK J.
DEWANE, BISHOP OF THE DIO E OF VENICE, a corporation sole (being the
successor to Bishop John J. Nevins as evidenced by an Affidavit of Succession For Frank
J. Dewane, as Bishop of the Diocese of Venice, a corporation sole, recorded in OR Book
4181, Page 2675, Official Records of Collier County, Florida), whose mailing address is
1000 Pinebrook Road, Venice, FL 34285-6426 (hereinafter referred to as "the Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800,
Naples, FL 34112 (hereinafter referred to as "the County").
WITNESSETH:
WHEREAS, in connection with the County's construction project known as the
Vanderbilt Beach Road Extension Project No. 60168 (hereinafter referred to as the
"Project"), the County has requested that the Owner convey to the County 1) a perpetual,
non-exclusive Slope Easement over, under, upon and across the lands described in
attached Exhibit "A" ("Parcel 160SE"), 2) two Temporary Construction Easements over,
under, upon and across the lands described in attached Exhibits "B" and "C" ("Parcel
160TCE1" and "Parcel 160TCE2", respectively), and 3) a Temporary Driveway
Restoration Easement over, under, upon and across the lands described in attached
Exhibit "D" ("Parcel 160TDRE") (collectively, "the Easements"); and
WHEREAS, the Owner recognizes the benefit of the Project to the Owner's
property and desires to convey the Easements to the County for the stated purposes, on
the terms and conditions set forth herein, including construction by the County at no cost
to the Owner of a new exit driveway for the Owner's property underlying the Easements,
more fully described in the conceptual plan attached as Exhibit "E" ("the Driveway").
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. RECITALS - All of the above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. CLOSING DOCUMENTS AND CLEAR TITLE —The County shall prepare and
submit to the Owner for execution the necessary easement instruments reflecting
the Easements described in attached Exhibits A- D. Said conveyance (the Owner's
execution and delivery to the County of the properly executed easement
164ii
instruments and any and all other documents required for the closing; collectively,
the "Closing Documents") is hereinafter referred to as the "Closing."
The Owner shall obtain from the holders of any and all mortgages and other liens,
exceptions and/or qualifications encumbering the Easements, the execution of such
instruments in order to remove, release or subordinate such encumbrances from
the Easements upon their recording in the public records of Collier County, Florida.
Prior to Closing and as soon after the execution of this Agreement as is possible,
the Owner shall provide the County with 1) a copy of the current title insurance
policy, if any, and 2) the Closing Documents, properly executed, witnessed, and
notarized where required, in a form acceptable to the County.
3. TIME IS OF THE ESSENCE - Both the Owner and the County agree that time is of
the essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement by both parties, or within thirty (30) days of the
County's receipt of all properly executed Closing Documents, whichever is the later.
This Agreement shall remain in full force and effect until Closing shall occur (or
thereafter until such time as the County has resolved any and all post-Closing
matters), until and unless it is terminated prior to Closing in accordance with the
termination provisions of this Agreement.
4. MISCELLANEOUS REQUIREMENTS — The Owner and the County agree to do all
things that may be required to give effect to this Agreement immediately as such
requirement is made known to them or they are requested to do so, whichever is
the earlier. The foregoing notwithstanding, the County shall not be required to take
any actions under this paragraph in contravention of the County's standard policies
and procedures, legal authorizations, and applicable laws.
5. CURATIVE INSTRUMENTS AND PROCESSING FEES — The County shall pay all
fees to record the easement instruments and any curative instruments required to
clear title. In addition, the County shall pay processing fees required by mortgagees
in connection with the execution and delivery of a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the property underlying the
Easements.
6. CONSTRUCTION OF PROJECT — The County shall design, permit and construct
the Project in accordance with plans and specifications on file with Collier County,
Transportation Engineering, as the same may be revised from time to time,
including constructing the Driveway in substantial conformity with Exhibit "E", at
no cost to the Owner. The Owner shall cooperate fully with the County for the
purposes of obtaining all permits and other approvals that may be required for
construction of the Project.
7. FULL COMPENSATION, ATTORNEY AND EXPERT FEES — At Closing, the
County shall pay the sum of TEN THOUSAND DOLLARS ($10,000) for attorney's
fees and FIVE THOUSAND DOLLARS ($5,000) for experts' fees. Said payment
to the Owner, payable by County Warrant, together with construction of the
2
• 16A1i
Driveway and other consideration provided for in this Agreement, shall be full
compensation for the Easements conveyed, including (if applicable) all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall
be in full and final settlement of any damages resulting to the Owner's remaining
lands, costs to cure, including, but not limited to (if applicable), the cost to relocate
the existing irrigation system and other improvements, and the cost to cut and cap
irrigation lines extending into the Easements, and to remove all sprinkler valves and
related electrical wiring, and all other damages in connection with conveyance of
said Easements to the County, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
8. TERM OF TEMPORARY EASEMENTS — As provided in the applicable easement
instruments, the term of the Easements for Parcels 160TCE1, 160TCE2 and
160TDRE shall commence upon the issuance of the County's official Notice to
Proceed to its roadway contractor for the construction of the Project and shall
automatically terminate three (3) years therefrom, or upon the County's notification
to the contractor of substantial completion, whichever shall occur first.
9. EFFECTIVE DATE - 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.
10. BREACH AND TERMINATION - If either party fails to perform any of the covenants,
promises or obligations contained in this Agreement, such party will have breached
this Agreement and the other party may provide written notice of said breach to the
party in breach, whereupon the party in breach shall have fifteen (15) days from
the date of said notice to remedy said breach. If the party in breach shall have
failed to remedy said breach within such cure period, the other party may, at its
option, terminate this Agreement by giving written notice of termination to the party
in breach and shall have the right to seek and enforce all rights and remedies
available at law or in equity, including the right to seek specific performance of this
Agreement.
11. ENTIRE AGREEMENT- Conveyance of the Easements by the Owner is contingent
upon no other provisions, conditions, or premises other than those so stated above;
and this 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.
12. VENUE - This Agreement is governed and construed in accordance with the laws
of the State of Florida.
[signature page follows]
3
16A11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: L.+v )3, 3c.31
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA
Circuit Court & Comptroller
BY: 01.140-14. �. _ _.a(i40 Q BY:
D9gail6 ;ijrm Penny Taylor hairperso
tignature only:'
AS TO OWNER:
DATED:
Witnesses:
Witness 1 (Signature) FR NK J. ANE, Bishop of the
Diocese of V 'ce
VOL-ThVHI1L SHEQ yx
Name (Print or Type)
Witness 2 (Signature)
JOSEPH A. DIVITO
Name (Print or Type)
;ter. ��_e,,
Approved as to form and legality: u.+ti�1
� a\
Data Ve-
Jennifer A. Bear Rio ) O\
Assistant County Attorney lj�\ iae'd
Attachments:
Exhibit A — Slope Easement (Parcel 160SE) € ueputy Clerk
Exhibit B — Temporary Construction Easement (Parcel 160TCE1) I,
Exhibit C — Temporary Construction Easement (Parcel 160TCE2)
Exhibit D —Temporary Driveway Restoration Easement (Parcel 160TDRE)
Exhibit E — Conceptual Plan for Driveway
4
16A11
JOINDER BY TENANT UNDER 99-YEAR LEASE
The undersigned, tenant under that certain Lease Agreement between Frank J. Dewane,
as Bishop of the Diocese of Venice (as "Landlord"), and St. Agnes Parish in Naples,
Inc., d/b/a St. Agnes Catholic Church (as "Tenant"), evidenced by a Memorandum of
Lease Agreement(St. Agnes Parish) recorded on November 10, 2016, in OR Book 5332,
Page 2651, Official Records of Collier County, Florida, hereby consents to the
Easements.
St. Agnes Parish in Naples, Inc.,
d/b/a St. Agnes Catholic Church
B :
Printed name: AL, Vo Lo t W1 SlYeAYK
Title: 7'g us e
Date: 4//2-- / , 2021
CONSENT--BY•L NDEJ
With reference to that certain Agreement Not to Encumber or Transfer Property executed
by Frank J. Dewane, as Bishop of the Diocese of Venice (as "Owner"), in favor of
Wachovia Bank, National Association (the "Bank"), recorded on April 18, 2007 in OR
Book 4215, Page 2524, Official Records of Collier County, Florida, the Bank hereby
consents to the Easements.
Wachovia Bank, National Association
By:
Printed name:
Title:
Date]._ 2021.
5
1 6 i i
EXHIBIT "A"
to Easement Agreement
PROJECT: 60168 Vanderbilt Beach Road Ext.
PARCEL: Parcel 160SE
FOLIO NO: 00205880009
SLOPE EASEMENT
THIS SLOPE EASEMENT is made and entered into this day of , 2021,
by FRANK J. DEWANE, BISHOP OF THE DIOCESE OF VENICE, a corporation sole (being the
successor to Bishop John J. Nevins as evidenced by an Affidavit of Succession For Frank J.
Dewane, as Bishop of the Diocese of Venice, a corporation sole, recorded in OR Book 4181,
Page 2675, Official Records of Collier County, Florida), whose mailing address is 1000 Pinebrook
Road, Venice, FL 34285-6426 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East,
c/o the Office of the County Attorney, Suite 800, Naples, FL 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 and assigns. Grantor
and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged,
hereby conveys, grants, bargains and sells unto Grantee, a perpetual, non-exclusive slope
easement for the purpose of construction and maintenance of an earthen fill slope over, under,
upon and across the following described lands located in Collier County, Florida (the "Easement
Area"), to wit:
See attached Exhibit "A"
THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO.
TO HAVE AND TO HOLD the same unto Grantee, together with the right to enter upon the
Easement Area and to place and/or excavate materials for the purpose of constructing and
maintaining an earthen fill slope thereon. All other uses of the Easement Area are reserved unto
Grantor including, but not limited to, the right to construct or install over, under and upon the fill
slope any and all manner of improvements and/or structures otherwise permitted under Collier
County's Land Development Code. The easement includes the right to remove and re-use any
and all excavated material within the Easement Area. The easement granted herein shall
constitute an easement running with the land and shall burden the lands described above.
[ signature page follows]
6
16A11
IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year
first above written.
WITNESSES:
(Signature) —witness 1 FRANK J. DEWANE, BISHOP OF THE
DIOCESE OF VENICE
(Print Name)
(Signature) —witness 2
(Print Name)
[notary page follows]
1 6A 1 I
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of❑ physical presence or ❑
online notarization this day of , 2021, by FRANK J. DEWANE, BISHOP OF
THE DIOCESE OF VENICE, a corporation sole, on behalf of the corporation, who:
is personally known to me
OR
produced as proof of identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
Approved as to form and legality:
Jennifer A. Belpedio 0920‘?
Assistant County Attorney
Exhibits:
Exhibit A— depiction/description of slope easement
8
16A11
JOINDER BY TENANT UNDER 99-YEAR LEASE
The undersigned, tenant under that certain Lease Agreement between Frank J. Dewane, as
Bishop of the Diocese of Venice (as "Landlord"), and St. Agnes Parish in Naples, Inc., d/b/a
St. Agnes Catholic Church (as "Tenant"), evidenced by a Memorandum of Lease Agreement
(St. Agnes Parish) recorded on November 10, 2016, in OR Book 5332, Page 2651, Official
Records of Collier County, Florida, hereby consents to the Easements.
St. Agnes Parish in Naples, Inc.,
d/b/a St. Agnes Catholic Church
By:
Printed name:
Title:
Date: , 2021
CONSENT BY LENDER
With reference to that certain Agreement Not to Encumber or Transfer Property executed by
Frank J. Dewane, as Bishop of the Diocese of Venice (as "Owner"), in favor of Wachovia
Bank, National Association (the "Bank"), recorded on April 18, 2007 in OR Book 4215, Page
2524, Official Records of Collier County, Florida, the Bank hereby consents to the Easements.
Wachovia Bank, National Association
By:
Printed name:
Title:
Date: , 2021
9
16A11
Exhibit "A" to Slope Easement
I
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-_ AANOR •'8' P: 2515 NOS,+-StUTN 1/4
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OF SECD3N 35
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PARCEL 155 SE ,
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LCII EKS'N; CRA1'ALE EASENENT CEA PA' Pt.1::N 4 PA,-,E ..1
5.1`E PROP:SEC :LOPE EASEUEN'
70 °PTV . REGCRD'S 1.009K I fro .)
PROPOSED SLOPE EAS.DIENT
USA. 3ISCPW'1�N (PARCEL 160 Sr;
A PARCEL Cr LARD LYNG IN SECTION S . 'D5.14SPIP 4$ SOUTH. RJVJ:f 28 EAS, COLLIER CC4P.TY• FORMA. &NC,
WORE FNATICUURRLY DESERVED AS TCkL01,5
COINIFJKJNC AT THE SOWN 00ARTER CORNER Or SAID SECTION 3,.
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THENCE ALONG SNC PARALLEL LNE S 89'56'01 NR rot' 234 42 FEET TO THE pow 0< DEG4440so 0. 111E PAXEL
HEREIN MOWED.
THENCE. C3N144JC 5.89'58'C11U.. AEONG 5410 P+ARALLE: L.tE. rOR 345.71 tEL1.
THENCE N 00-00'00•f-. FOR 20.00 FEET:
THENCE N 89'S6'01 T. FOR 297 21 pip;
THENCE S 6T•38'57T.. FOR 52.44 FEET TO Tr( PONT Cc BEGIANN:r Cr ENE PARCEL Cf5CR18ED NEREN;
CDNT4444.43 6.392 SOUARf FEET, NOW CR LES'S- ,1•,,,.
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10
16A1. �
EXHIBIT "B"
to Easement Agreement
PROJECT NO.: 60168 Vanderbilt Beach Road Ext.
PARCEL NO.: Parcel 160TCE1
FOLIO NO.: 0020588009
TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT is made and entered into this
day of , 2021, by FRANK J. DEWANE, BISHOP OF THE DIOCESE OF VENICE, a
corporation sole (being the successor to Bishop John J. Nevins as evidenced by an Affidavit of
Succession For Frank J. Dewane, as Bishop of the Diocese of Venice, a corporation sole,
recorded in OR Book 4181, Page 2675, Official Records of Collier County, Florida), whose mailing
address is 1000 Pinebrook Road, Venice, FL 34285-6426 (hereinafter referred to as "Grantor"),
to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is
3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 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 and assigns. Grantor
and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
That Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable
consideration paid by Grantee, receipt and sufficiency of which is hereby acknowledged, hereby
conveys, grants, bargains and sells to Grantee, a temporary construction easement to enter upon
the lands described as follows (the "Easement Area"):
See attached Exhibit "A"
THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO.
The easement is granted for the purpose of constructing roadway, sidewalk, drainage and
utility facilities within the public right-of-way immediately adjacent to the Easement Area.
The term of this Temporary Construction Easement shall commence upon the issuance
of Grantee's official Notice to Proceed to its roadway contractor for the construction of the
Vanderbilt Beach Road Extension Project No. 60168 and shall automatically terminate three (3)
years therefrom, or upon Grantee's notification to the contractor of substantial completion,
whichever occurs first.
Upon completion of the construction of improvements within the public right-of-way
immediately adjacent to the Easement Area, Grantee shall use its best efforts to restore the
unimproved surface of the Easement Area to its pre-existing condition.
11
t6A11
IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year
first above written.
WITNESSES:
(Signature) —witness 1 FRANK J. DEWANE, BISHOP OF THE
DIOCESE OF VENICE
(Print Name)
(Signature) —witness 2
(Print Name)
[notary page follows]
12
16A11
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of❑ physical presence or ❑
online notarization this day of , 2021, by FRANK J. DEWANE, BISHOP OF
THE DIOCESE OF VENICE, a corporation sole, on behalf of the corporation, who:
is personally known to me
OR
produced as proof of identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
Approved as to form and legality:
Jennifer A. Belpedio pN\�'\
Assistant County Attorney
Exhibits:
Exhibit A— depiction/description of easement area
13
16A11
JOINDER BY TENANT UNDER 99-YEAR LEASE
The undersigned, tenant under that certain Lease Agreement between Frank J. Dewane, as
Bishop of the Diocese of Venice (as "Landlord"), and St. Agnes Parish in Naples, Inc., d/b/a
St. Agnes Catholic Church (as "Tenant"), evidenced by a Memorandum of Lease Agreement
(St. Agnes Parish) recorded on November 10, 2016, in OR Book 5332, Page 2651, Official
Records of Collier County, Florida, hereby consents to the Easements.
St. Agnes Parish in Naples, Inc.,
d/b/a St. Agnes Catholic Church
By:
Printed name:
Title:
Date: , 2021
CONSENT BY LENDER
With reference to that certain Agreement Not to Encumber or Transfer Property executed by
Frank J. Dewane, as Bishop of the Diocese of Venice (as "Owner"), in favor of Wachovia
Bank, National Association (the "Bank"), recorded on April 18, 2007 in OR Book 4215, Page
2524, Official Records of Collier County, Florida, the Bank hereby consents to the Easements.
Wachovia Bank, National Association
By:
Printed name:
Title:
Date: , 2021
14
I6A11
Exhibit "A" to Temporary Construction Easement
t,
+ .
CROCESE OF Merl
OR vet PG 2675
i
PROPOSED
MRTEL 160 MCI ff''��11 N)RTH-SLAIN 1/4
6303 50 Fr aWOF SECTION Llt�
2.5 0.•L c`f n-'
a SECitE 35
fin
_ _ 569'SAC'�* F7 's
111',4 'r, / POINT C • r `47. '. 25'I1
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NENT
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TE-ROW
FEE 24 2C2 I
EXOE ER:STING 'A,NACE EA EIIEI.T PER "LAY EK.* 4, PA;,E 77
T,,E PRaPosEO TEMPORARY CONSTR.2CTION EASE► ,FT
OR CA'FICML RECORM (DOOR/RACE)
.• -.j PROPOSED 'CE
LEGAL OESVPPTM (PARCEL 160 TCEI
A PARCEL OF LA$O LYP.L N SECTOR 35, TOwN5wP 48 SOUTH, PNK:c 25 LAW, CCU COUI4. F1CRIOA. BEAVG
MERE PAPTCULARLY DESCRIBED AS FOLLOWS:
COEMAENCPNG AT THE SOUTH DUMPER CORNER OF 5A#) SECTION 35;
THENCE N.0715!79'M FOR 60.04 FELT IC A POC$(T CIN A 1IN L'IM1+' 60 FEET NOWT.' AND 'UNMAN) PARALLEL MA''I'
THE SOWN UNE CF SVD SECTION 35,
THENCE ALONG SAID PARALLEL LM1 S69'54).01 E. COR 675 14 Frf! TO THE POPP OF BEGINNING C< THE PAPCEI
NEREN (BEMENT.
r1ENCE Co►TINUE 5.69'56'011M, A ONO SAID PARALLEL UNE. FCA 1260 53 FEET.
MENCE N.0003'S9'W, FOR 5.00 FEET;
I*ENCE N,QY56'O1'1 , FOR 1250.53 FEET.
HENCE 5O000.00'E., FCR 5.00 FEET TO THE POOP CF BECINNTNG Cr" THE PARCEL CESCRIBIT) HEREIN,
CONTNNNG 5.303 SOL:ME FEET, MCRE CR LESS
TEMPORARY
CONSTRUCTION EASEMENT ',0"ae.. . y•
DURATION YEARS.4- •/'e {,c a,%-..0 -
SKETCH at MSC*PTICN CtiA r I'M11
NOT A BOUNDARY SUWEY •CALL I'.. a - �C••`'
(Ca. CCUAR ;.)J'YT' rAN/rT N
N' A CF CCUNr 4I CO 53I Fwn 'a,iM YJ '',Q,j` p
vA.NULRRTV.T HE.ACK ROAD 621-Lsl'SION �ardS..,
SVELTER tsY7uPTION or /I+C' c n�
A: D
PROPOSED TEMPORARY COWFSTINICT1ON EASE ENT '...' rM ~vn tt•: ',
PARCEL ICO TC!I :n4 rr�
rOUILR COL'NTt, Fungi)* ENGINEERING
Y,9 N'MNI° "PTJ,.YN l.t;'`I'..1, }M'iSrNT FANS: ,:.1:, CI'E :OW 1 h.F WIVE EN[FT
AL"i.-. X A I 3, I'i A'. S -L . 'J,: 4!M'., ( no, ' ERCE 1 GF I
o
15
16411
EXHIBIT "C"
to Easement Agreement
PROJECT NO.: 60168 Vanderbilt Beach Road Ext.
PARCEL NO.: Parcel 160TCE2
FOLIO NO.: 00205880009
TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT is made and entered into this
day of , 2021, by FRANK J. DEWANE, BISHOP OF THE DIOCESE OF
VENICE, a corporation sole (being the successor to Bishop John J. Nevins as evidenced by an
Affidavit of Succession For Frank J. Dewane, as Bishop of the Diocese of Venice, a corporation
sole, recorded in OR Book 4181, Page 2675, Official Records of Collier County, Florida), whose
mailing address is 1000 Pinebrook Road, Venice, FL 34285-6426 (hereinafter referred to as
"Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, FL
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 and assigns. Grantor
and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
That Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable
consideration paid by Grantee, receipt and sufficiency of which is hereby acknowledged, hereby
conveys, grants, bargains and sells to Grantee, a temporary construction easement to enter upon
the lands described as follows (the "Easement Area"):
See attached EXHIBIT "A"
THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO
The easement is granted for the purpose of constructing a new driveway within the
Easement Area and roadway, sidewalk, drainage and utility facilities within the public right-of-way
immediately adjacent thereto.
The term of this Temporary Construction Easement shall commence upon the issuance
of Grantee's official Notice to Proceed to its roadway contractor for the construction of the
Vanderbilt Beach Road Extension Project No. 60168 and shall automatically terminate three (3)
years therefrom, or upon Grantee's notification to the contractor of substantial completion,
whichever occurs first.
Upon completion of the construction of improvements within the Easement Area and the
public right-of-way immediately adjacent thereto, Grantee shall use its best efforts to restore the
unimproved surface of the Easement Area to its pre-existing condition.
16
16A11
IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year
first above written.
WITNESSES:
(Signature) —witness 1 FRANK J. DEWANE, BISHOP OF THE
DIOCESE OF VENICE
(Print Name)
(Signature) —witness 2
(Print Name)
[notary page follows]
17
16A1 .
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of❑ physical presence or ❑
online notarization this day of , 2021, by FRANK J. DEWANE, BISHOP OF
THE DIOCESE OF VENICE, a corporation sole, on behalf of the corporation, who:
is personally known to me
OR
produced as proof of identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
Approved as to form and legality:
Jennifer A. Belpedio \`a'
Assistant County Attorney
Exhibits:
Exhibit A— depiction/description of easement area
18
l6A1 .
JOINDER BY TENANT UNDER 99-YEAR LEASE
The undersigned, tenant under that certain Lease Agreement between Frank J. Dewane, as
Bishop of the Diocese of Venice (as "Landlord"), and St. Agnes Parish in Naples, Inc., d/b/a
St. Agnes Catholic Church (as "Tenant"), evidenced by a Memorandum of Lease Agreement
(St. Agnes Parish) recorded on November 10, 2016, in OR Book 5332, Page 2651, Official
Records of Collier County, Florida, hereby consents to the Easements.
St. Agnes Parish in Naples, Inc.,
d/b/a St. Agnes Catholic Church
By:
Printed name:
Title:
Date: , 2021
CONSENT BY LENDER
With reference to that certain Agreement Not to Encumber or Transfer Property executed by
Frank J. Dewane, as Bishop of the Diocese of Venice (as "Owner"), in favor of Wachovia
Bank, National Association (the "Bank"), recorded on April 18, 2007 in OR Book 4215, Page
2524, Official Records of Collier County, Florida, the Bank hereby consents to the Easements.
Wachovia Bank, National Association
By:
Printed name:
Title:
Date: , 2021
19
6 i
Exhibit "A" to Temporary Construction Easement
PRoPosED
PARCEL 160 TCE2
N89'56'01 E 13.300 SO. FT.
14C 1C''\
/ NORTH-SOUTH '/4
waa+SECTIONINLINE
NOC 03'59 o
'W OF SECTION 35
SO0'03'59 E
95.00'
—_ 4 S89'56'01'W 1233.61'
S0.11H LINE— SE19'5E'01^N ,� — POINT OF NO2'15'2911
CF ACTION 35 9EGINNIF4C
'.'7
40. 60.04'
440 441 442 443 444 I 453 4 455
._... — — -. . —I— — I — .. _
_ _ - - O —
_ _. _ _. 1 OM�IE\GENEPOI\TF T�
{
•
L E ExIsfNC CRAL\AZE EASEMENT PER PLAT BOCH 4, PAGE 77
T:E PROPOSE;TEMPORARY COSSTR..C110Nv EASEVE1T
0 4 OFFICIAL RECORDS (BOOK/PACE)
PROPOSED TOE
LEGAL DESCRIPTION (PARCEL I6CTCE2I
A PARCEL OF LAND LYING IN SECTION 35, TO*'SHIP 48 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH 0:1ARTER CORNER OF SAID SECTION 35;
THENCE N.02'15'29'W. FOR 60.04 FEET TO A POINT ON A UNE LYING 60 FEET NORTH ANC RUNNING PARALLEL WITH
THE SOUTH UNE OF SAID SECTION 35;
THENCE ALCNC SAID PARALLEL LINE S 89'56'01'4 FOR 1233 6' FEET TO THE POINT OF BEGINNING OF THE PARCEL
HERO4 DESCRIHED;
THENCE CONTINC E S.89'56.0''W., ALONG SAID PARALLEL UNE, FOR 140.0C FEET;
THENCE \.00'03'59.1W., FOR 95.00 FEET;
THENCE N 89'56'01'E. FOR 140.0C FEET;
THENCE S CO'03'59"E., FOR 95.00 FEET TO THE POINT CF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 13.300 SCUARE FEET, MORE CR LESS. Lam'`• i."! bMMellor,
vArd
4 AW.o
a-4L.fa.rA
- tua. � a•5•a.d=o.d s.A.a m-di
. • " vw
Ns 10 . Cue.Mr.
1'
0 10 110 140 6311632021
SKETCH h DESCRIPTION ONLY ( I W.N'a•""' rai1,90.4.1-t taANLY00
NOT A BOUNDARY SURVEY :.re.1-�10 �;�,.. n:>~comn;,i[
FG?: CCWE. CCUNT(G300 .'"TT BOA+') CF COUNTY COMMISSIONERS M`PL N'Ka.NM�GM ma xc.Aron w
VANDERBILT BEACH ROAD EXTENSION
S88TCR & D$4CIUPTEON OF: ^'a"'""°'^•`-"•
Name.tito x>o
PROPOSED TEYPOIWIT CONSTRCCTION EASEIEENT ao-am,
PARCEL 160 TCB2 "'4
COLLIER COUNTY. FLORIDA N U
-On NUM0E4 { .'E:P.I',N Ec Hc:V T';'AN'SHI� +M' SCALE RATE J MATE I C44AWN es'I FILE...LIE7,ff f {
C601190G,'r'. f / T° 4F5 ? E 1" ?/ 5/2' DAM Sk16nT'E I cF
6
EXHIBIT "D"
to Easement Agreement
PROJECT: 60168 Vanderbilt Beach Road Ext.
PARCEL NO: 160TDRE
FOLIO NO: 0020588009
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THIS EASEMENT is made and entered into this day of , 2021, by
FRANK J. DEWANE, BISHOP OF THE DIOCESE OF VENICE, a corporation sole (being the
successor to Bishop John J. Nevins as evidenced by an Affidavit of Succession For Frank J.
Dewane, as Bishop of the Diocese of Venice, a corporation sole, recorded in OR Book 4181,
Page 2675, Official Records of Collier County, Florida), whose mailing address is 1000 Pinebrook
Road, Venice, FL 34285-6426 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East,
c/o the Office of the County Attorney, Suite 800, Naples, FL 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 and assigns. Grantor
and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable
consideration paid by Grantee, receipt and sufficiency of which is hereby acknowledged, hereby
conveys, grants, bargains and sells to Grantee, a temporary driveway restoration easement to
enter upon the lands of Grantor, described as follows (the "Easement Area"):
See attached EXHIBIT "A".
THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO.
The Easement Area shall be used by Grantee for the purpose of filling, grading and placing
concrete, asphalt or rock on Grantor's lands for the purpose of constructing, with materials of like
kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway
and the newly constructed road, sidewalk and drainage improvements to/for Grantee's
construction project. The easement rights granted herein include the right to remove and use any
and all excavated material.
The term of this Temporary Driveway Restoration Easement shall commence upon the
issuance of Grantee's official Notice to Proceed to its contractor for the construction of the
Vanderbilt Beach Road Extension Project No. 60168 and shall automatically terminate three (3)
years therefrom. or upon Grantee's notification to the contractor of substantial completion,
whichever occurs first.
21
lb /111
IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year
first above written.
WITNESSES:
(Signature) —witness 1 FRANK J. DEWANE, BISHOP OF THE
DIOCESE OF VENICE
(Print Name)
(Signature) —witness 2
(Print Name)
[notary page follows]
22
is is
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of❑ physical presence or❑
online notarization this day of , 2021, by FRANK J. DEWANE, BISHOP OF
THE DIOCESE OF VENICE, a corporation sole, on behalf of the corporation, who:
is personally known to me
OR
produced as proof of identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
Approved as to form and legality:
•\(
Jennifer A. Belpedio
Assistant County Attorney
Exhibits:
Exhibit A — depiction/description of easement area
23
t6A11
JOINDER BY TENANT UNDER 99-YEAR LEASE
The undersigned, tenant under that certain Lease Agreement between Frank J. Dewane, as
Bishop of the Diocese of Venice (as "Landlord"), and St. Agnes Parish in Naples, Inc., d/b/a
St. Agnes Catholic Church (as "Tenant"), evidenced by a Memorandum of Lease Agreement
(St. Agnes Parish) recorded on November 10, 2016, in OR Book 5332, Page 2651, Official
Records of Collier County, Florida, hereby consents to the Easements.
St. Agnes Parish in Naples, Inc.,
d/b/a St. Agnes Catholic Church
By:
Printed name:
Title:
Date: , 2021
CONSENT BY LENDER
With reference to that certain Agreement Not to Encumber or Transfer Property executed by
Frank J. Dewane, as Bishop of the Diocese of Venice (as "Owner"), in favor of Wachovia
Bank, National Association (the "Bank"), recorded on April 18, 2007 in OR Book 4215, Page
2524, Official Records of Collier County, Florida, the Bank hereby consents to the Easements.
Wachovia Bank, National Association
By:
Printed name:
Title:
Date: , 2021
24
I 6 A 1 1
Exhibit "A" to Temporary Driveway Restoration Easement
} COPALBMW,FROM ;_
DOWSE OF FORTI ,
op 4T61 PD 26T5
ar1058010301
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35 Cr! TMP SOL'TNM6T 1/4.
MAYO= Ci SECNA4 35
-- ham 160 TUC NOTR17_90U'R 1/4
3.4N 90 FT 2104r1ER SECTOR UK---�
Roy zo"DO.L oF SUTTON 35
00 OC..— Sc co1.00_ .
—ss91—'—___ i
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Sa4'5a 041*J/ _J'csPOPR OF� Sd1M U4: RC2'15'2914_�
"S co' 6ECPaPNG �0►SF[7W 36 60.04'
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• 4 ootrat
1 i
!]i;:. FAS'TNG DPANACL LANt TENT PER r *' DOO. 4, PAOE 17
TAr PROPCTSFO TEMPORARY ORNFWAY RES,0PA11ON EASEMENT
OPTicW RECORDS Ce000/°AGt)
L___ PROPorwwo TORE _ 1 3 2020
LEGAL OESCRI'TP*I (PARCEL 160 TDOE)
A PARCEL C6 LAND LYING M SECTON 35. TOWRSMP 48 504J14. RANGE 26 EAST. COLLCR CO.JNTY, f.CF110A• BEND
YORE PARTTCLtAALY DESCRIBED AS FOLL04TS
CC44110ICPIG AT THE ,SOW). OI ARTER CORNEA OF SAD SECTION 35c
THEP4'..E Noy 15'29^#4 FOR 60.04 FER TO A PONT ON A LINE 1.1144 60 FEET TORT, 4N0 RUNNriC PARALLEL MTT1.
THE SOW*. LP4 Cr SAIO 5EC11001 35:
nit Nct A..ONG SAC PMALIEI LINE 5.54.560.14. FOR 64014 FEET TO Tt ROM OF /EGNNR.G Dr THE PARCEL
NEPiw DCSCRIBEC;
THENCE CONTHUE 58,856'3111. KONO SAO PAPAW', UF41, FOR 35.00 FEET.
THENCE 14.3O'00'D01, TOR 100 00 FTET.
111ETFOL 4 90•001O E. FCR 35 00 FEET.
'HENCE 5 OC!OC'OC'W, TOR 99.96 F[R -0 •HE P044T Cr 8EONMNC OF ',{ PAMCD. OCSCRSE 114ERE?*:
CJN"AJNMC 3499 SgJARE FCTT, YORE CR IFSS ,,,,„1,.Fr
RESTORATION EASEMENT
(OURATTON 3`MARS .• •'¢5 030 aka�.
F; 5301 %
it ALI ISO IA, =: i 4,
SKETCN I O{SCRVTION OMIT ._.._ ... as.,r
NOT A POUNDAPY SUANTY or... .'-UP >r+
p.m. 0 a.N-,VatR1+•E.- 6MAc CAco.,KTr cJM.4SSO'C% 4 1�,^'a4lw_,...t j' `'.
TANDER$1LT 8141:11 ROM DT14431014
SLUT.if R DG'SCRIPTION OF rcwa.,ym..•w.an.o....r vow rp
PROPOSED TEMPORARY DR24ETrAY RILSORA110T EA,STYIN79 Wk
,..4>,.r a.n w n...•.-.,.
PARCEL 160 TORE ...wa
COLLIER COUNTY. rumpsEH G'A!FRING
11 8,..MtliA .t.,1;-. SFC-r:1.I 00 61 .ANce L.A$ ( • t 'ewAw+,,• .F 1,rcC I Sta--
J1i0112 06 DO 4 3± I 4R5 E 26! 1' . 120. 1 6'04 i 2C D1AM I ^`F.1$DTDR; I '...0'.!
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