Folio #00431440006 UAE Agreement Project: Sabal Bay Force Main
Folio No.: 00431440006
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 COLLIER LAND DEVELOPMENT,
INC, a Florida corporation whose mailing address is 2550 Goodlette Road N., #100, Naples,
Florida 34103 (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 Ten Thousand Two
Hundred Eight and no 00/100 Dollars ($10,208.00), 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 sucn 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 sixty (60) days.
5. 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.
6. 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 no hazardous substances have been generated,
stored, treated or transferred on the Easement Area except as specifically disclosed to
CCWSD; that the Owner hart 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 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.
7. 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 snail be paid by CCWSD.
S
8. 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.
9. 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. 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.
11. 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 CCWSD, 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.)
12. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated. p
Date Property acquisition approved by BCC: 1 1�Y t a� X01 y
AS TO CCWSD: II
DATED Vl 4 Z7. 2l I
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY `; ER- ER DISTRICT
14 I' ..!_ B : /
(tut-.st as 41114y;:- .lerk om Henni g, Ch man
signature only.
AS TO OWNER
DATED: ( 'A,riLmc , aDI4 COLLIER LAND DEVELOPMENT, INC.,
a Flori a orpo ation
()A I ' �rr �� e By: 2- glit
Witness (Signature) '1
Name: c= 'c'cQ -,e.-Ii Print Name: � �-►ck. L. -e-r
(Print or Type) \ r
Title:
itness (Signature)
Approved as to form and legality
Name: t-■ ►roA nn. .r41fir(1.IA
(Print or Type)
Assistan ounty CA
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EXHIBIT A
Pe"__.a-_of=� Stantec
Legal Description of part of Section 19,
Township 50 South, Range 26 East, Collier County, Florida
(15' Wide C.U.E. (Collier Utility Easement))
Commencing at the Easterlymost Corner of Tract"H" according to the plat of Sabal Bay
Commercial Plat- Phase One, as recorded in Plat Book 38, Pages 81-84, Public Records of
Collier County, Florida and also being a point of the southwesterly Right of Way of State Road
No. 90 (US 41).
Thence along said Right of Way South 39°03'59" East 567.81 feet to the Point of Beginning:
Thence along continue along said Right of Way South 39°03'59" East 180.89 feet to a point on
a Drainage Easement as recorded in Official Records Book 4385, Page 3675 of the Public
Records of Collier County, Florida;
Thence leaving said Right of Way and along said Drainage Easement South 41°05'31"
West 15.23 feet;
Thence leaving said easement and along a line 15 feet south and parallel with said Right
of Way, North 39°03'59"West 183.49 feet;
Tract"H";
Thence North 50°56'01" East 15.01 feet to the POINT OF BEGINNING.
Containing 2,734 square feet, more or less.
Subject to easements and restrictions of record.
Bearings are based on the said Right of Way of US 41 being South 39°03'59" East, Florida
State Plane- East Zone 83-90 Adjustment.
Stantec Consulting Services Inc
Registered Engineers and Land Surveyors
Certificate of Authorization #LB-7866
( 74-/
By: 1/24/14
Lance T Miller, Professional Surveyor and Mapper#LS5627 Date
Not Valid unless embossed with the Professional's Seal
REF: 2D-122/CUE sheet 2
Cq
11,1 II
Al o t_ Fog, gEcoe.DiA)
PROJECT: Sabal Bay Force Main Project
FOLIO No.: 00431400004&00431440006
UTILITY AND ACCESS EASEMENT
THIS UTILITY AND ACCESS EASEMENT, made and entered into this _ day of
2014, by COLLIER LAND DEVELOPMENT, INC., a Florida corporation, whose mailing address is 2550 Goodlette Road,
N., #100, Naples, Florida 34103, (hereinafter referred to as "Grantor"), to 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, its successors and 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.)
WITNESS ET H:
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", 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 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 is 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.
COLLIER LAND DEVELOPMENT, INC.,
a Florida corporation,
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