Parcel 56M E M ORA N D U M
TO:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
/'~ FROM:~i~ A. MOTT, SENIOR SPECIALIST
C~ REAL PROPERTY MANAGEMENT DEPARTMENT
RECEIVED
MAR 2 3 =29
DATE:
MARCH 22, 1999
RE: SHELLABARGER MOBILE HOME PARK - FEI. IX M UNOZ
Attached you will find one (1) Easement Agreement for execution by past Chairman Barbara B.
Berry concerning thc above transaction. Please be advised that Hcidi F. Ashton, Assistant
County Attorney, has reviewed and approved the attached document.
The Executive Summary authorizing the Chairman ofthe Board of County Commissioners to
execute the attached Agreement was approved by the Board of County Commissioners on
November 24, 1998, Item 16(a){l).
Once the Agreement has been executed, please forward same to Ellie Hoffman, Records
Technician III, Minutes and Records Management, for attestation by the Clerk to the Board.
Hoffman will then call mc at extension 8991 for document pick-up.
Thank you.
Attachment as stated
PROJECT: Shellabarger
PARCEL NO: 56
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between FELIX MUNOZ, (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, its successors and assigns (hereinafter referred to as
'Purchaser");
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for installing and
maintaining a lift station over, under, upon and 'across the lands described in Exhibit "A" (said
easement hereinafter referred to as the 'Property"), which is attached hereto and made a part of this
Agreement;
WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the
terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property;
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
actmowledged, it is agreed by and between the parties as follows:
1. Owner shall convey the Properly to Purchaser for the sum of $743.00, payable by County
Warrant ('said transaction hereinafter referred to as the "Closing"). Said payment shall be full
compensation for the Property conveyed, including all landsca3ing, trees, shrubs,
improvements, and fixtures located lhereon, and for any damages resulting to Owner's
remaining lands, and for all other damages in connection with conveyance of said Property to
Purchaser.
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 upon their recording in the public
records of Collier County, Florida. Owner shall provide such instruments, properly executed, to
Purchaser on or before the date of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall
occur within sixty (60) days from the date Purchaser executes this Agreement; provided;
however, that Purchaser shall have the unilateral dght to extend the term of this Agreement
pending receipt of such instruments, properly executed, which either remove, release or
subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's
enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner
and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to
Purchaser.
4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or
premises other than those so stated above; and the whiten Agreement, including all exhibits
attached hereto, shall constitute the entire Agreement and understanding of the parties, and
there are no other pdor or contemporaneous wdtten or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
5. Owner is aware and understands that the "offer" Io purchase represented by this Agreement is
subject to acceptance and approval by the Board of County Commissioners of Collier County,
Flodda.
8. Owner represents that the Property and all uses of the Property 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 Ih. Property except as specifically
disclosed to the Purchaser;, that the Owner has no knowledge of any spill or environmental ~aw
violation on any properly contiguous to or in the vicinity of the Property to be sold to the
Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any
spill on the Property. b) any existing or threatened environmental lien against the Property or c)
any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or
lransfer of hazardous substances on the Property. This provision shall survive Closing and is
· not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the Purchase~- against and from, and to
reimburse the Purchaser 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 a.qalnst the Pi rnh.3~r~r h,/ r~,ncnr~ .... ~,-;~
Easement Agreement
Page 2
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.
8. The Purchaser shall pay for all costs of recording the conveyance instrument 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. Owner shall be responsible for paying any
costs and/or fees assodated with the securing and recording a Subordination, Consent &
Jotnder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s).
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 Iheir respective helm, executors, personal representatives, successors,
successor lrustees, and/or assignees, whenever the context so requires or admits.
10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation,
trust or any form of representative capacity whafsoever for others, Owner shall make a written
public disclosure, according to Chapter 288, Florida Statutes, under oath, of the name and
address of every person having a beneficial interest in the Property before the Property 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
provfsions of Chapter 286, Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the Slate of Florida.
IN WIT~ESS WHEREOE, the parties hereto have executed this Agreement on this ~/ '~ day
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:" '" "
· :; DWIGHT E. BROCK, Clerk
Attest ~'s'
~,~J~nature)
(Printed Name)
(Pdni~ame)
BOARD OF COUNTY COMMISSIONERS
COL~R COUNTY, FLORIDA
. 'v~,, SHARY'N ME?,IOOZA
O --
Approved as to form and
H~I~Ii F.
Assistant ~ A~
30' X 30' SANITARY --'--t
PUMP STATION EASEMENT ~
N w \
N 8917'15" E~/~, 470,00'! _-,
POINT OF BEGINNINGI /
LOT 56
--~S 89~17'15' W
30.00'
LOT 55 I
LOT 57
LAKE
N
N 89'17'15' E
II~MOKALEE DRIV~
SOUTH UN£ Ot~ SEC130N 32, TOWNSHIP 48
SOUTH, RANG[ 2~ EAST
DESCRIPTION OF A SANITARY PUMP STATION EASEMEII~ LYING IN THE
EAST 3/4 OF ~'IE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 32, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY.
FLORIDA:
~ AT THE SOUTHWEST CORNER OF THE EAST 3/4 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32, THENCE
ALONG THE WEST LINE OF SAID PARCEL NORTH 00'53'00" WEST
740.00 FEET; THENCE BY A LINE, NORTH 8g'17'15" EAST 470.00 FEET
TO THE [POINT OF BEGINNINg:THENCE NORTH 00'53'00" WEST 20.00
FEET; THENCE NORTH 89q7 15' EAST 30.00 FEET; THENCE SOUTH 00'
53'00' EAST 20.00 FEET; THENCE SOUTH 89'17'15" WEST 30.00 FEET;
TO THE POINT OF BEGINNING,
THIS IS NOT A SURVEYI
SKETCH OF DESCRIPTION
FOR IMMOKALEE WATER AND
SEWER DISTRICT
PREPARED BY;
£$ N. 'MLKI$ON, P.S. ld.
FLA. UC['NSE NO. 1.54878
~WILKISON &:
ASSOCIATES
D SURVEYORS
_F~._Ct'IANO£ AVE. NAPLES, F1.A. 34104
___~.~Z~3.-2404 FAX N0.(g41)
AND M~PERS BU~N~S UC, NO,
:lAWN _BY. w.o,/t'Jv,~,,