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Resolution 2011-218/CWS 2011-02 INSTR 4653871 OR 4761 PG 919 RECORDED 2/2/2012 2:33 PM PAGES 9 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$78 00 RESOLUTION NO. 2011- 218 RESOLUTION NO. CWS-2011- 02 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REQUESTING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION CONVEY, TO THE COLLIER COUNTY WATER-SEWER DISTRICT, AN ACCESS EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE VALID PUBLIC PURPOSE OF PROVIDING ACCESS TO, AND FACILITATING THE UPGRADE AND REHABILITATION OF, WASTEWATER MASTER PUMP STATION 312. WHEREAS, the Board of County Commissioners is the governing body of Collier County, a political subdivision of the State of Florida, and in addition is ex-officio the Governing Board of the Collier County Water-Sewer District (hereinafter collectively referred to as "Collier County"); and WHEREAS, Collier County is continuing its program to upgrade and rehabilitate master pumping stations that require repairs, technology updates, pump replacements, electrical efficiency enhancements, odor control upgrades, reliability upgrades, and good neighbor access improvements; and WHEREAS, Master Pump Station (MPS) 312, which is located immediately north of the canal running along the north side of Davis Boulevard and immediately to the east of the Florida Department of Transportation's retention pond site at that location, is scheduled for upgrade and rehabilitation; and WHEREAS, as part of the rehabilitation of MPS 312, there is a need to facilitate improvements for access in order to minimize inconvenience to neighboring property owners and for increased safety. The Access Easement requested from Florida Department of Transportation provides the access area required to meet this need. Further, there is a temporary need for land area for staging and equipment storage during the rehabilitation construction period. The Temporary Construction Easement requested from Florida Department of Transportation provides the land area required to meet this need; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has concluded that it is in the best interest of the citizens of Collier County to request and subsequently acquire the requested Access Easement and Temporary Construction Easement, and that the acquisition of the easements serve the Valid Public Purpose of facilitating construction for the rehabilitation of MPS 312 and providing improved permanent access to MPS 312 to minimize inconvenience to neighboring property owners and increase safety value related to the access route serving MPS 312, thus furthering the process of providing improvements to and rehabilitation of master pumping stations; and WHEREAS, the Access Easement and Temporary Construction Easement areas requested shall be used only for the Valid Public Purpose previously described. Page 1 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, Florida, and as ex-officio the Governing Board of the Collier County Water-Sewer District, does hereby request that the Florida Department of Transportation convey an Access Easement and a Temporary Construction Easement, in the forms attached hereto, to the Collier County Water-Sewer District, for use only for the Valid Public Purpose as hereinabove described. THIS RESOLUTION ADOPTED on this /2 day of , 2011 after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS OF D, IGJ E BR'A C ,`CLERK COLLIER COUNTY, FLORIDA By t 7 epu ' perk Fred W. Coyle, Cha' an itostert Approved as to form and legal sufficiency Jenni'B. White Assistant County Attorney Page 2 Project: MPS 312 Rehabilitation & Improvement(CCWSD) Parcel/Folio: 00400680004 County: Collier State Road: 84 - ACCESS EASEMENT THIS ACCESS EASEMENT (hereinafter referred to as the "Easement') is made and entered into on this day of , 2011 by and between STATE OF FLORIDA, ACTING THROUGH THE DEPARTMENT OF TRANSPORTATION, whose mailing address is P.O. Box 1249, Bartow, Florida 33831-1249, as Grantor, 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 whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356 its successors and assigns, as Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS (S10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement for access purposes, including vehicles, on, over, upon, across and through the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY, TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands for all purposes of access to utility and access facilities lying easterly of and contiguous thereto, Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. Grantor reserves and excepts unto itself and its successors and assigns, all rights accruing from its ownership of the real property described in Exhibit "A" against which this easement is being granted, including the right to engage in or permit or invite others to engage in all uses of the same real property that are not inconsistent with the purpose of the easement being granted herein or hinder the use of the easement being granted herein. The Grantee shall maintain the easement described herein in a good state of repair at the sole cost and expense of Grantee, its successors and assigns. Grantee hereby agrees that it will indemnify and hold harmless Grantor from any claim brought or made for or on account of any injuries or damages received or sustained by any person or persons or property, arising out of, or occasioned by, the negligence of Grantee in connection with use of the easement described herein and/or any permitted equipment or improvements owned by Grantee within the easement granted herein. Grantee shall promptly repair at its expense any damage to the easement or any other property not owned by Grantee, caused by Grantee exercising its rights under this easement. In the event that Grantee causes damage to the easement or any other property, real or personal, not owned by Grantee in the exercise of the privilege granted herein, Grantee agrees to restore the easement or property so damaged to its original condition at Grantee's expense Maintenance of the easement shall be performed in a manner that is minimally intrusive to Grantor s business, property and improvements. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Dated: Attest: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Name: (Type or Print) By: Executive Secretary District One Secretary Attest: Name: (Type or Print) (Affix Department Seal) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2011 by , District Secretary for District One, who is personally known to me or who has produced as identification. (Signature of Notary) (type/print name) Notary Public My Commission Expires: (Affix Notary Seal) ■ la I SKETCH OF ACCESS EASEMENT 1 WOO POWE D R POLE \\ l ITRACT T-1 PLAT 70E OF—\ 10'U.E. \\ \\I GOLF COURSE,LAKE _ DRAINAGE,AND NORTH SLOPE I 8'HIGH CHAIN \ MAINTENANCE EASEMENT LINK FENCE ` \ EMBASSY WOODS GOLF AND WOOD COUNTRY CLUB POWER POLE \\ \ PLAT BOOK 17,PAGES 47-49 TOP OF BANK GRAPHIC SCALE I h, 0 30 45 60 I ��f U.R.O.S. 15-iniel !1_ ; DESCRIPTION OF ACCESS EASEMENT DESCRIPTION of an Access Easement over lands of State of Florida, Department of Transportation, Collier County Folio No. 00400680004, situated in Section 6, Township 50 South, Range 26 East, Collier County, Florida, Stipulated Order of Taking and Stipulated Final Judgement and fee simple description filed in Official Record Book 2043, pages 0930 through 0936, said Access Easement more particularly described as follows: COMMENCING at the southeast corner of Section 6, Township 50 South, Range 26 East, (1 thence, along the east line of Section 6, North 00 degrees 39 minutes 34 seconds West, the distance of 155.00 feet to a point being the northeast corner of a Collier County parcel of land identified as Folio No. 53264000165 also being the northeast corner of a 40 foot wide Access, Drainage and Maintenance Easement as described in Official Record Book 2043, Q page 0934 in the Public Records of Collier County, Florida and the POINT OF BEGINNING and running; From said POINT OF BEGINNING and extending along the northerly line of lands of Collier County and the Access, Drainage and Maintenance Easement, South 89 degrees 58 minutes 10 seconds West, the distance of 89.79 feet; thence, leaving the line of Collier County lands and extending over the lands of the State of Florida, Department of Transportation North 00 degrees 01 minutes 50 seconds West, the distance of 4.00 feet thence North 89 degrees 58 minutes 10 seconds East, the distance of 25.52 feet to the beginning of a curve concave northwesterly whose radius point bears North 00 degrees 01 minutes 50 seconds West, the distance of 30.00 feet: thence northeasterly along said curve through a central angle of 78 degrees 16 minutes 02 seconds an arc distance of 40.98 feet: thence North 11 degrees 42 minutes 08 seconds East, the distance of 35.06 feet to the beginning of a curve concave southeasterly whose radius point bears South 78 degrees 17 minutes 52 seconds East, the distance of 58.00 feet: thence northeasterly along said curve through a central angle of 46 degrees 58 minutes 38 seconds an arc distance of 47.55 feet to a point on the aforementioned east line of Section 6; thence along said east line of Section 6, South 00 degrees 39 minutes 34 seconds East, the distance of 100.00 feet to the first mentioned POINT AND PLACE OF BEGINNING. CONTAINING: 3085 square feet of land, more or less. Bearings are based on the east line of Section 6, Township 50 South, Range 26 East, Collier County, Florida as shown on the Record Plat of Lago Villaggio and filed in the Public Records oft Collier County in Plat Book 38, pages 11 through 14. Ii GUY P.ADA"/ '.S.M. FLORIDA SU-V:• OR&MAPPER LS 4390 SURVEYORS NOT :THIS SKETCH AND DESCRIPTION WAS MODIFIED FROM A SKETCH AND DESCRIPTION PREPARED BY COLLIER COU TY DATED 05/05/2010 FILE NO:MPS 312 FDOT. 1 T NOT SSMIRMI n Y £X -T 13 I I "A" for: COLLIER COUNTY project: MASTER PUMP STATION 312 REHABILITATION title: SKETCH & DESCRIPTION OF FDOT ACCESS EASEMENT date:OCTOBER 22,2010 REVISED 12-17-10 ■■■■■ scale: book: •••• GNOLI Certificate of Authorization Noe. LB 3864 and EB 3684 NNW Fax: (239)568-2209 1" 30' page: ■■.■■ ARBER & project view: •••••• .▪..... RUNDAGE, INC. no.:09-0034 SHEET 2 OF 2 Professional engineers, planners, & land surveyors acad: file no: Collier County: Suite 200. 7400 Tamiami Trail, North; Naplea, FL 94108 (239)597-3111 10461-SD 10461 Project: MPS 312 Rehabilitation & Improvement Parcel/Folio. 00400680004 County: Collier State Road: 84 � � ~_ t���'� �ci7 e�/^7 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made and entered into this day of . 2O11. bySTATE OF FLORIDA, ACTING THROUGH THE DEPARTMENT OF TF7/\WBpORTAT|8N, whose mailing address is P.O. Box 1249, Bor|ow, Florida 33831'1240. (hereinafter referred to as "Grantor"). 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 Q|0TR|CT, whose mailing address is 3335 Tam|amiTra|| Eas\, Suite 101, Naples, Florida 94112-5358. (hereinafter referred (oas~Gran\wo"). (Wherever used herein the terms "Grantor" and lGnanhoo" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) VV |TNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) arid other valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, hereby 000veya. Dran\y, bargains and sells unto the Qrentoe, a temporary easement to enter upon the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT 'A" Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. This Temporary Construction Easement is granted for the express purpose of providing Grantee temporary access to Grantor's lands for the of placing, operating, i staging and storing material and equipment during the construction and installation of public utility infrastructure improvements on lands adjacent thereto. This Easement is granted upon the condition that any work performed upon the above described land shall conform to all existing structural improvements within the limits designated, and all work will be performed in such a manner that the existing structural improvement will not be damaged. It is understood and agreed by the parties hereto that the rights granted herein shall terminate upon completion of this project, but no later than the last day of June, 2014,(3rantoe shall restore the surface of the Easement Area after construction has been completed; prior to the expiration of this Temporary Construction Easement, IN WITNESS WHEREOF, the GRANTOR has caused these presents An be executed the day and year first above written Dated: Ahest: GTATE OF FLORIDA -- — DEPARTMENT OF TRANSPORTATION N e: (Type or Print) my: __ District One Secretary Executive Secretary Attest: ___ Name: (Type or Print) (Affix Department Seal) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of ' 2011 by , District Secretary for District One, who is personally known to me or------ produced aoidenUfioo|ion. (Signature of Notary) (type/print name) Notary Public My Commission Expires; (Affix Notary Seal) 4-- 1 w 04.1 , ...,i i , , 1 9 k. ,... _ : ..,-,. : ..:. 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'I 4°- ; : z: ,, , -4•','. , --„ ,,-----„----„ -, - --------- ..--„----- __,....-- Exhibit "A" Being those upland areas ly between the pedrne�v boundary and the stabilized top oYbank of the stormwater pond on that certain parcel of land acquired by State of Florida, Department of Transportation through Sh ed Order of Taking and Stipulated Final Judgment in the matter r--' of State of Florida, Department of Transportation Bernard Cohen, et al, in the Circuit Court of the Twentieth Judicial Circuit in an for Collier Cconiy. Florida, Case No.: Q4-4O71'CA, dated March 27 1A35 and recorded March 29, 1985ai{).R' Book 2U43. Page Q30, iO the Public Flecnrdm ^ Collier County, Florida, in which order said parcel is described as follows: That portion of the southeast IA of Section 6, Township 50 South, Range 26 East, Collier County, Florida Being described as follows: Commence at the southeast corner of said Section 6; thence along the east boundary of said Section 6 No�hO0°4O`1S' VVea1. 155.00 feet for oP[}|NT[)FBE(3|NN|N��: thence South . 89°57'25" West, 428.63 feet; thence No�hOUv4O17°VVeei, 343.74 feet; thence Nn�h80n57'06' East, 428.O2 feet to said said east boundary of Section 6; thence along said east boundary South 80»40'19" East. 343.78 feet to the Point of Beginning. Containing 3.382 acres. 5 7- 14w S h ee� ,�