Kensington Park UAE Agreement •
Project: P.S. 147.00 Improvements
Folio No.: 52730007457
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 KENSINGTON PARK MASTER
ASSOCIATION, INC., a Florida Non Profit corporation whose mailing address is 5435 Jaeger
Road, Suite 4, Naples, Florida 34109 (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 Seven Hundred Ninety Two and
no 00/100 Dollars ($792.00), 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. Owner agrees to convey the Easement for the purpose of constructing, operating and
maintaining utility facilities on lands within the Easement Area. CCWSD shall repair or
replace the surface of any lands disturbed within the Easement Area after construction has
been completed.
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. 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 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 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 shall
be paid by CCWSD.
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated.
Date Property acquisition approved by BCC: Jl ._,Dy' DO(li-;�` I( e___3
AS TO CCWSD:
DATED:76k DUI it .
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER ;
.otrt COUNTY AND AS EX-OFFICIO THE
, , GOVERNING BOAR' OF THE COLLIER
COUNTY `;TER- • WER DISTRICT
,-._ -: ' C.CA1•41S=V
tok .3/A. X1,PL /
BY: . I
fr Deputy Clerk om Hennin•, Chairm- •
Attest as to Chairman's
signature only.
AS TO OWNER:
DA D: J ■ /c KENSINGTON PARK MASTER ASSOCIATION,
��, a Florida Non Profit corporation
®f__ By: gilSallil
,W' ness (Signature)
ame: _ 4/ or Print Name: 44,-..et J 8i4,ez
(Print • ype)
re Title: joie, S/-1)
itne:4.ig ture)
Nam_41O 11 , / "lira‘''`
(Print:. Type
ATTEST: Approved as to form and legality
DWIGHT E. OCK, Clerk C��l .
L��
By. Assistan County Attonne
3
(;)
• EXHIEfir A
• 2-�-{{, r
NQ b°t1 o or r
� y CO CD r
_
° BANYAN WOODS
i Ili PLAT BOOK 36, PAGES 93-97
i
20' BUFFER EASEMENT TRACT 1 20' BUFFER EASEMENT
„0 s.„7/2., \---_
\r N a i
CD x /m a v N ,›-D2 _.••-.0 1I D�Z� // 0. yO //i o
y I
/2 / 0-3 N
a i / /
"1 N / / W
r
7.' ?' ..10 --__- /
w / r
VI 1; / 1 0
§ r y
t: if
4
cnoom-o-noapmm
O >Fin moll 2z47— z
N N
.A, Dtl pII II V =00��
z ° ,rnpOOz N
�'�!° t :TWOS � �� G7 Z�tJf
goy*mc0c� 0
.1-21E1 q* • m. zr� z
.�0 rn- m � �z�M > m�•
o
°:(- rr ,i• II m z n
G7 O W v Orf 1— r- r- r rZ*1 °mCt� �m°�n z
c.4 DI 43]g1N n D zoZt/7Z ZSRZ 0 v up� O
m r_a Vm Cn G P `� A " P D CO
Z $m d
CT�. C 03cnwmwco(Acn x, m n o n
$8 z ti c,+ t N 1.i cri Z t;n --,
E :U CAwmNooNmCol 00 00
� c-0
I -{J o D
J rn co
O
. O O N N 3` H
v s * --I O in 0 jv L. Of L. Z 7,
• r`'•
te * �'
0 r, z
CP
EXHIBIT..
Stantec
LEGAL DESCRIPTION
Of part of Tract 1, Kensington Park Phase One,
Plat Book 21, pages 62-67,
Collier County, Florida.
(Pump Station 147 Additional Easement)
All that part of Tract 1, according to the plat of Kensington Park Phase One, Plat Book
21, pages 62-67, of the public records of Collier County, Florida, being more
particularly described as follows;
Commencing at the Southeast corner of said Tract 1;
Thence along the existing Collier County Utility Easement as shown on said plat of
Kensington Park Phase One, North 63°45'53" West 34.15 feet to the POINT OF
BEGINNING;
Thence leaving said easement South 53°43'38"West 42.61 feet;
Thence North 36°16'22" West 58.11 feet; /
Thence along an existing Buffer Easement as per said Plat North 00°38'53" West
4.79 Feet.
Thence North 53°43'38" East 12.21 feet to a point on said Collier County Utility f'
Easement;
Thence along said easement in the following Three (3) described courses:
1. South 36°16'22" East 30.00 feet;
2. North 53°43'38" East 10.96 feet;
3. South 63°45'53" East 36.07 feet to the POINT OF BEGINNING.
Containing 1540 Square Feet or 0.036 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the south line of said Tract 1, being South 72°48'54" West.
Certificate of authorization #LB-7866.
Stantec Consulting Services Inc.
Registered Engineers and Land Surveyors
By: --- ' Date October 11, 2013
Lance.T Mi,ler,. Professional Surveyor and Mapper #LS5627
Not valid unless embossed with the Professional's seal.
Ref. 2G-853
Rev to avoid existing buffer easement 11-14-13
1
PROJECT: P.S. 147.00 Improvements 77711.S C.08/
FOLIO No.: 52730007457
Nor Fog- Lev Ioni
UTILITY AND ACCESS EASEMENT
THIS UTILITY AND ACCESS EASEMENT, made and entered into this day of ,
2014, by KENSINGTON PARK MASTER ASSOCIATION, INC., a Florida Non Profit corporation, whose mailing address
is 5435 Jaeger Road, Suite 4, Naples, Florida 34109, (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.)
WITNESSETH: ■
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valua sideration paid by the
Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conve gr ts, ains and sells unto
the Grantee, its successors and assigns, a perpetual, non-exclusive easement for iiMacilities a access purposes,
over, under, upon, and across the following described lands located in Collier County, P1irida, to wit:
SEE ATTACHED EXHIBIT"A"
Subject to easements, restrictions, and resery . ns rd.
THIS IS NOT HOMESTEAD PR RT .
TO HAVE AND TO HOLD the same unto the Gr. •• r with the right to enter upon said land,
excavate, and place or remove materials, including, but not li • • ility lines and pipes, and other equipment or
improvements appurtenant thereto or thereunder for the • ••< of instructing, operating, and maintaining utility
facilities thereon. The easement granted herein shall co 5 e- ents running with the land and shall burden the
lands described above.
IN WITNESS WHEREOF, the Granto ‘-s ca∎,*-d these presents to be executed the date and year first
above written.
NSINGTON PARK MASTER ASSOCIATION, INC.,
a Florida No rofit corporation,
tnathre) BY
Witne- �� j ' ed/tespk,,,.4 !
Name:
me: ri .t �. Ge(S �./)t'AI T
(-rint or T p-, Title: � ��
if i , a ,;A, 4
T itnes w
,�j g Z �
��,/
Name: �e-
(Print o� pe)
ke..C.-
STATE OF ( ' C-1 C∎
COUNTY (I. 6I E
T e foregoing Utility and Ac ss Eas, men was cknowl dged before me this „,,/,--) day of
! , 2014 by . k I (c (.6 r lame), (Title),
9
on half of Kensington Park Master Associ ion, Inc. Florida Non Profit corporation, who is [ ✓r
1
personally known to me, or [ ]who has produced as identification.
r LIN" ilp1 WITNESS my hand and official seal this day of 1 I , 2014.
(affix notarial seal) `)Z Li 4-1 /ok, vti -w .__.
( qat re f N te'�y/F' li�c,),,
BRIGIT BRENNAN ! 1 1 .. , t
:* .:I MY COMMISSION#EE205284 ( rint a e of Notary Public)
'•; -w- EXPIRES June 18.2018 NOTA PUBLIC _ /
(407)398-0,53 FIMdaNOfarySovICLcom Serial/Commission#:(if any) U`S �`1
My Commission Expires: (0 ! _A 0 i I1
0