Folio #00395680106 UAE & UAE Agreement INSTR 4870466 OR 4948 PG 1693
RECORDED 7/25/2013 2:53 PM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC @.70$7.00 REC$27.00
CONS$1,000.00
PROJECT: Sabal Bay Force Main Project
FOLIO No.: 00395680106
UTILITY AND ACCESS EASEMENT rk
THIS UTILITY AND ACCESS EASEMENT, made and entered into this/7 day of ILA AY
2013, by MINTO SABAL BAY, LLC, a Florida limited liability company, whose mailing address is 4400 W. Sample Road,
Suite 200, Coconut Creek, Florida 33073, (hereinafter referred to as "Grantor"),
to the BOARD OF COUNTY
COMMISSIONERS EX-OFFICIO THE O COLLIER BOARD OF THE COLLIER COUNTY WATER-SEWER itsOsuccessorss and
EOFFICI THE GOVERNING BOAR
assigns, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 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 or assigns.)
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
the Grantee, its successors and assigns, a perpetual, non-exclusive easement for wastewater utility facilities and access
purposes, over, under, upon, and across 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.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land,
excavate, and place or remove materials, including, but not limited to wastewater lines and pipes, and other equipment or
improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining wastewater
utility facilities thereon. The easement granted herein shall be subject to the terms and conditions of the Utility and
Access Easement Agreement of even date between Grantor and Grantee which are incorporated in full herein by this
reference and shall constitute easements running with the land and shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first
above written.
MINTO SABAL BAY, LLC, a Florida limited liability company
1_,..&„ IF
L",1,-; ,
Wiless (Signature),�D'- �p� Print Name: lJ►c.Cd/PM 8t t O o K
Name: � s �/ ""�1
(P int or Type) Title: Vice P2E c 1 D .)T
i
AA..r/.i• A AA A/'
!Rt ess (•ignature) /Name � 1/1,VIt /V C'
(Print or—yp_e^),�
STATE OF 11bY1,G1,it.
COUNTY CAI1Ler
7 day f
The foregoing Utility and Access Easement was acknowledged before me this y on
, 2013 by Vf LCLLWt �ivl.LLO&l - (Name), vitt -pint 4LInk- (Title),
behalinto Sabal Bay, LLC, a Florida limited liability company, who is[x] personally known to me, or
[ ]who has produced as identification.
WITNESS my hand and official seal this 17 day of M. ,II , 2013.
AV/(affix notarial seal) ,�{�(tit/�►il AA
Si ture off Notary ublip)
JENNIFER ANDREWS V AW`'
". MY COMMISSION#EE017799 (Print Name of Notary Public)
` EXPIRES August 16,2014 NOTARY PUBLIC
(407)4-015;`, FI xldaCto;arySorvice.com
Serial/Commission#:(if any) '701174 q
My Commission Expires: O4 (o/Zdl`f
THIS CoF c°E sy we
A.'roved as to form an l legal sufficiency
�` `e►.9_ PV COUNTY. FLORIDA,t AS9
4,Assistant County Attorney DATED: - NDA, No. ,,,,,z,)
G
EX : ,.
in rnm F.m u,-i
r c>mr m.-
°> ° m m c g= P.O.B. THOMASSON %RIVE
CO O O.0
O 0,� WESTERLYMOST CORNER OF TRACT 'H TRACT ' �'� '"�
x m x SABAL BAY COMMERICIAL PLAT-PHASE ONE
u Ce PLAT BOOK 38. PAGE 81-84
> z 6 — %
Al al N xI.-. V7
lit I ✓/
D 1111 II o
r is �D ; 11 I
m y• „�: � 0 I �/1
N ■4,N• r 4Lu L u CI 70CA0 o i1 S O� r"�zas N rnw y.�\ YLaio �o, \ pwo-m_,
z \\{ o . o A \ Axi-. I 1 oy� D
I N N ° mivumou ,.:,..\ 21 I- �� ' 70c lil< >�1 co
a�`qt ���' 6, .Z7' Y o mu, ! ° '.;\ 1 13 > I ;1?,XI
y VJ
p , t �M Qs
' (� — a'*_ `, • 03• ,� •, \ I PMT OF TRACT�P•: / �•. . 1 y , -s� Wyly o ° .\ \ 10 L.B. 59'A.E. 1
GO
`
'. ... /.
C
I
` w � \i T y�Y u
r �. . } O a
�. '�
J,N i de S-1 D Z O n m
a U 0 •
e o6, o y
E m m.
E ,ZY, -D -0
4 DO rn
" `' nO
ni " P
tn 1 D r
of ci4,i O CO -0 co N ;5 ee m N*
N
in i 11 �� 1 to
Cl• • r
• 5-e? A)) ;
iii >it pr� too K.
too -1
8 agp zp -n
o al # xl
o �&ngov
E ; � �� 2
u Em ,
R,°o 2 it.u
E
,o i .
? O
1N -393 'SBE
.401 V"
So —— — -1dNdo
°::I Z
m
v,o�•D�t�c�oo�mm
minoobE0 oZs' r•0
p� NI^ �i� H ° Dq�mC7N Fzz-0Z O woo
C w ------�_/ g. )10N N II Oo22�A08 y
m
wN O r- * a _ MZ OOO C7 CINU1 D >7r M
D Al
m 0m73 m A� u rm -z-Imoom cn
..o z z
Z m �O�D Z N
D-t 0 $. v, I zZO mwo
D. . O 9a C rm <C)� moan 140
o,'-�A� r \, �, , -O mmjzi A-I ,z
N ti 10 m o 0Z zZ -10
o oo r fTl m o a �1j m
1-1.3!u" R7 A O x:: ovDom _iyz=1-Oi
w1�rn m D m /� D nmD czipmZ
a u Z - � C -, O � y D �M N i M-� xi
I z Cn �* f`I D(A
A0' N -I ��110 11 Z gi, = z 9 tl mtril0 r
PCP z' .. o Sn D• 0 m
m O
••; Z W o 1711 r:. fr1 p'.. .. m �m 0 q A c0� Om N D O o K ri- - Z r -zi w O--1 0 ,c• I Ih o 0 z .i fa)
o
a z x
of FT m •-zi N 1 1 °' Al E 71
=
3 4>• o Z A
EXHI = 1T
c: � Stantec Page
LEGAL DESCRIPTION
Being a part of Section 19,
Township 50 South, Range 26 East and
Section 24,Township 50 South, Range 25 East
Collier County, Florida
(Proposed Collier Utility Easement(C.U.E.)
BEGINNING at the Westerly most Corner of Tract"H", according to the Plat of Saba! Bay Commercial
Plat-Phase One as recorded in Plat Book 38, Pages 81 through 84, Public Records of Collier
County, Florida.
Thence along the Boundary of said Tract"H", in the following five(5)described courses:
1. 41.47 feet along the arc of a circular curve concave southwest having a radius of 38.50 feet
through central angle of 61°43'19"and being subtended by a chord which bears
South 62°38'56"East 39.50 feet;
2. South 31°47'17"East 59.53 feet;
3. 216.74 feet along the arc of a circular curve concave north having a radius of 135.50 feet through
a central angle of 91°38'52"and being subtended by a chord which bears South 77°36'43"East
194.36 feet to a point of reverse curvature;
4. 119.05 feet along the arc of a circular curve concave south having a radius of 138.50 feet through
a central angle of 49°15'00"and being subtended by a chord which bears North 81°11'21" East
115.42 feet;
5. South 74°11'12" East 586.65 feet;
Thence leaving said Tract"H" boundary South 50°55'33"West 7.74 feet;
Thence South 89°48'16"West 51.36 feet;
Thence South 39°02'44"East 11.29 feet;
Thence North 74°11'12"West 542.06 feet;
Thence 95.86 feet along the arc of a non-tangential circular curve concave south having a radius of
111.29 feet through a central angle of 49°21'02"and being subtended by a chord which bears
South 81°11'22"West 92.92 feet;
Thence 259.93 feet along the arc of a non-tangential circular curve concave north having a radius of
162.50 feet through a central angle of 91°38'52"and being subtended by a chord which bears
North 77°36'43"West 233.09 feet;
Thence North 31°47'17"West 56.86 feet;
Thence North 61°06'26"West 44.29 feet to the Easterly Right of Way line of Thomasson Drive according
to said plat;
Thence along said Right of Way line 28.50 feet along the arc of a non-tangential circular curve concave
northwest having a radius of 810.00 feet through a central angle of 02°00'58"and being subtended by a
chord which bears North 62°19'01" East 28.50 feet to the POINT OF BEGINNING.
Containing 0.62 acres or 27,154 square feet, more or less.
Subject to easements and restrictions of record.
Bearings are based on the easterly line of said Tract"H", being North 50°55'33" East.
Certificate of authorization#LB-7866
Stantec Consulting Services Inc.
Registered Engineers and Land Surveyors
By: Date: February 4,2013
Lance T Miller, Professional Surveyor and Mapper#LS5627
Not valid unless embossed with the Professional's seal.
Ref. 2D-122FM
.if\D
Project: Saba! Bay Force Main
Folio No.: 00395680106
UTILITY AND ACCESS EASEMENT AGREEMENT,
THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into by and between MINTO SABAL BAY, LLC, a Florida
limited liability company whose mailing address is 4400 W. Sample Road, Suite 200, Coconut
Creek, Florida 33073 (hereinafter referred to as "Owner"), 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 "CCWSD"), whose mailing
address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual
non-exclusive Utility and Access Easement over, upon and across the lands described in
Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to
as the "Easement Area") to the CCWSD for the stated purpose of constructing, maintaining and
operating utility facilities thereon, on the terms and conditions set forth herein; and
WHEREAS, Owner desires to convey the Easement Area to CCWSD for the stated
purposes on the terms and conditions set forth herein.
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 Area to CCWSD via a Utility and Access
Easement, in the form attached hereto (Attachment "1"), for the sum of one
thousand dollars and no 00/100 Dollars ($1,000.00), U.S. currency by County
Warrant or wire transfer (said transaction hereinafter referred to as the "Closing").
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 underlying
the Easement Area upon their recording in the Public Records of Collier County,
Florida. Owner shall provide such instruments, properly executed, to the CCWSD on
or before the date of Closing.
3. CCWSD shall repair or replace at their cost any existing or future above
ground/below ground improvements such as landscaping, walls, signs, access
roads, utilities, etc., to existing conditions or better due to the repair and/or
replacement of the CCWSD owned and maintained wastewater force main.
Additionally, the Owner, its successors and assigns, may utilize the Easement Area
for access, and is allowed to construct site improvements, including, and not limited
to access roads, walls, signage structures, utilities, landscaping, within the
Easement Area.
4. Closing shall occur within sixty (60) days from the date CCWSD executes this
Agreement; provided, however, that CCWSD shall have the unilateral right to extend
the term of this Agreement for a period not to exceed 60 days.
5. In any and all events, major construction is to be performed in accordance with the
contract between CCWSD and its contractor and is to be completed by December
31, 2013 with a onetime 90 day extension request in writing no later than 15 days
prior to December 31, 2013. Any unforeseen reasonable administrative extensions
may occur in the event of force majeure.
6. Owner is aware and understands that the "offer" represented by this Agreement is
subject to acceptance and approval by the Board of County Commissioners of
Collier County, Florida.
7. Owner represents that to the Owner's knowledge, the Easement Area and all uses
of the Easement Area have been and presently are in compliance with all Federal,
State and Local environmental laws; that to the Owner's knowledge, no hazardous
substances have been generated, stored, treated or transferred on the Easement
Area except as specifically disclosed to CCWSD; that the Owner has no knowledge
of any spill or environmental law violation on any property contiguous to or in the
vicinity of the Easement Area to be conveyed to CCWSD; that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the Easement
tt:.)
Area, b) any existing or threatened environmental lien against the Easement Area or
c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Easement Area. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
8. CCWSD shall pay for all costs of recording the conveyance instruments 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 Owner.
The cost of a title commitment shall be paid by CCWSD.
9. Owner shall indemnify, defend, save and hold harmless the CCWSD against and
from, and to reimburse the CCWSD 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 CCWSD by reason or arising out of the breach of Owner's
representation under Section 6. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
10. 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.
11. Conveyance of the Easement Area 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.
12. If the Owner holds the property underlying the Easement Area 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
Area before the Easement Area 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.)
13. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
[The remainder of this page intentionally left blank.]
2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated.
Date Property acquisition approved by BCC: U1413
dida
AS TO CCWSD:
DATED: 1"/"1.3
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA,.AS
THE GOVERNING BODYDF COLLIER
COUNTY AND AS E -OFFICIO THE
GOV -NING BOA-, 1 OF THE .COLLIER
f COU,1 TY, , ' ER-'EWER DISTRICT
* - ! .
BY ► H
Attests to GhairgiO
y Clerk a eor2,!9 7 Filler, Esq., Chairwoman
signature only ',0'. ;;u'
Approved as to form and
legal sufficiency:
g i I
ily R. P4•in
Assistant County Attorney
AS TO OWNER:
DATED: 5 I I 20 13 MINTO SABAL BAY, LLC,
a Florida limited liability company
L # ! if By: '''
Wit fs aana re) a
Na -1 . ,A..t t ecci Print Name: P,OA A"A. 84,4e.0-ocA.0
(Print or Type)
o l Title: Vice:Was t D�krr"
A/1_, ..Gd4✓A1. 4i
Wit•= s IS •nature)Nam , Vl,t A&cUaw
(Print or T pe)
3
9
mmno^z> �� " `-- I 1111-- -
cm�m>mvmi-ni �� J __
r nmr m`- _
.so. cl m-1 0><
m o n-. P.O.B. Of a--
oN O° m _ < WESTERLYMOST CORNER OF TRACT 'H' THOMASSON RIVE
u X K X Ca SABAL BAY COMMERICIAL PLAT-PHASE ONE ' '»
PLAT BOOK 38, PAGE 81-84 TRACT a
m :: —_ ,-
N n -; r n -- I 1. 1J-1
rD = ,h i I I N �,y
Pc Eig 74 cz, \ - � \ I I 0
a m 0 I
W OI O §86' 1u t \\\ 93_W A Q�m I 0 O-'I r-o 0
° . �' \ OR- ggi. = o x 't $s�2 m #mys j 2.
a. _ `�� ---iii 4p.0 8 y----4. I a >mm VJ z -0
Ti ft'1. Z m uI u r , ''AA
j �\ \ Z ml N T
g. m N �- - \ m S e
P D
a F I •
cn /43.9 y/,,, a \ 10'Le. 59'AE.N �i D A l o w ^ z a i
N —{ 0 0.m 0 n m PJ
N> n d
v .3 .., fT1 D D
CO
0
c z r '
y eP' o m 1 2 i ;v
N. _.
ig
$ �� >
D
rn D ` NW co
, r
30A0
_ 3O I:IA O 188(� ,c,
,..„. E., a C
XI
2kN RAu
N.Ul `e8£v •b•0ova N.
----��� �1N3W3 dNd� !0
z
mu2Crna°A m
- Og r�l NOp-o:oo 100�Imca A
4 p•6' �i'
::!::1137Em:M rD gi O u i� "1tl4 4°°pg zz z
7.-0 * --_._.� $up�`.''�.4 nnQp -O-I O+Um 4 f�l 1lmm r * mNNPNO' 0x. 00ZZVI N
2k Aolom, w-i D
O O D
0ZA r711-
* � 1;T1D=ZZOO��f*�1 m
.. Z -1 ^ o»—u. 7011�m1�11_O N
>a>--I C'1 •� or°a-ow?°5 m000 2m,-0.�
z
:P•-a 0 Z 0 i g$uoggm f7 oi''�m'12230ZZmI+i
o -a z r 0 Am*moc�t>'cn mW0•
ru
10 to Off` vuN'-gigC ZI Mym-,z� m�� I*1rn2
tr_yyi9 Rl n g4aw+v�1 m r=�>22 II N -DN
(^ r J /� O-0m Om %Z-I- m
cnzz z 0 r_;4.!.°'mu —DI em). 7 0,rn -n
rri"' C u+uCw� D --ONO 7p ;� A
IN Fu < - r mzo_m_tam� m 1No 1-mommy (T� o mZ N ;;wH° c�1�i1 py m >I�11�
ZZ .( m° mgD 11'
m0u)(/)D ` O nmi m °-t+{'iti'tom C� 6I-33t O
IN� ��?3 �( f. 'z' D �f� mmo
o
C� tcnpo� 0 RI
D
pT- rn�l*1 * �m n
m- I Z g D NNma.�L.2 0 Z -1 en
No OD - ..4 O$NNapp m z
2
ooOn "n z 1
D
71 Z 'E
W‘--- EXHI IT
Stant Page
ec
LEGAL DESCRIPTION
Being a part of Section 19,
Township 50 South, Range 26 East and
Section 24, Township 50 South, Range 25 East
Collier County, Florida
(Proposed Collier Utility Easement(C.U.E.)
BEGINNING at the Westerly most Corner of Tract"H", according to the Plat of Sabal Bay Commercial
Plat-Phase One as recorded in Plat Book 38, Pages 81 through 84, Public Records of Collier
County, Florida.
Thence along the Boundary of said Tract"H", in the following five(5)described courses:
1. 41.47 feet along the arc of a circular curve concave southwest having a radius of 38.50 feet
through central angle of 61°43'19"and being subtended by a chord which bears
South 62°38'56" East 39.50 feet;
2. South 31°47'17"East 59.53 feet;
3. 216.74 feet along the arc of a circular curve concave north having a radius of 135.50 feet through
a central angle of 91°38'52"and being subtended by a chord which bears South 77°36'43"East
194.36 feet to a point of reverse curvature;
4. 119.05 feet along the arc of a circular curve concave south having a radius of 138.50 feet through
a central angle of 49°15'00"and being subtended by a chord which bears North 81°11'21" East
115.42 feet;
5. South 74°11'12" East 586.65 feet;
Thence leaving said Tract"H"boundary South 50°55'33"West 7.74 feet;
Thence South 89°48'16"West 51.36 feet;
Thence South 39°02'44"East 11.29 feet;
Thence North 74°11'12"West 542.06 feet;
Thence 95.86 feet along the arc of a non-tangential circular curve concave south having a radius of
111.29 feet through a central angle of 49°21'02"and being subtended by a chord which bears
South 81°11'22"West 92.92 feet;
Thence 259.93 feet along the arc of a non-tangential circular curve concave north having a radius of
162.50 feet through a central angle of 91°38'52"and being subtended by a chord which bears
North 77°36'43"West 233.09 feet;
Thence North 31°47'17"West 56.86 feet;
Thence North 61°06'26"West 44.29 feet to the Easterly Right of Way line of Thomasson Drive according
to said plat;
Thence along said Right of Way line 28.50 feet along the arc of a non-tangential circular curve concave
northwest having a radius of 810.00 feet through a central angle of 02°00'58"and being subtended by a
chord which bears North 62°19'01" East 28.50 feet to the POINT OF BEGINNING.
Containing 0.62 acres or 27,154 square feet, more or less.
Subject to easements and restrictions of record.
Bearings are based on the easterly line of said Tract"H", being North 50°55'33" East.
Certificate of authorization#LB-7866
Stantec Consulting Services Inc.
Registered Engineers and Land Surveyors
Al
By: Date: February 4, 2013
Lance T Miller, Professional Surveyor and Mapper#LS5627
Not valid unless embossed with the Professional's seal.
Ref. 2D-122FM
.�fU