MBC Partnership EasementsMemorandum
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb
Sr. Property Acquisition Specialist
Real Property Management Department
April 4, 2002
North/South Sewer Interconnect- MBC Partnership
Please find attached one (1) oriqinal recorded Utility Easement, one (1) oriqinal
recorded Temporary Construction Easement and one (1) oric~inal Easement Agreement
for the above referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
pursuant to Agenda Item 16 C (3), dated March 12, 2002.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
cc: Tax Appraiser's Office w/Utility Easement only
Inventory File w/attachments
Office of the Real Property Management Department
PROJECT: North/South Sewer Interconnect
PARCEL: MBC Partnership
FOLIO: 00271240000
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this ~,$,~-~ day of t'Y~0,,r-c~ , 2002, by and between MBC
PARTNERSHIP, a Florida General Partnership, by its undersigned General Partner who has
been duly authorized by the Partnership to execute this easement agreement, (hereinafter
referred to as "Owner"), whose mailing address is 732 21st Avenue S, Naples, FL 34102, 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
"Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for utility and
maintenance purposes, over, under, upon and across the lands described in Exhibit "A"
(hereinafter referred to as the "Easement"), which is attached hereto and made a part of this
Agreement;
WHEREAS, the Purchaser requires a Temporary Construction Easement over, under,
upon and across the lands described in Exhibit "B", which is attached hereto and made a part of
this Agreement, (hereinafter referred to as the "Easement") for temporary construction of
utilities facilities;
WHEREAS, Owner desires to convey the Easement and the Temporary Construction
Easement 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
Easement and Temporary Construction Easement;
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:
Owner shall convey the Easement and Temporary Construction Easement to Purchaser
for the sum of $7,500.00, payable by County Warrant (said transaction hereinafter
referred to as the "Closing"). Said payment shall be full compensation for the Easement,
and Temporary Construction Easement conveyede inc',ud:,~ c,',', ',c,~,d~c&pb,.5,,
,y ,
.................... u ...... , ...................... u~ ;G CGGGGC,;GG W;,,,
O~ Eeoc,mcat ~o PuFch~;
PdoF lo CIosbg, O~neF shall obtain ~Fom ~he holdeFs o~ any I~ens, exceptions and/oF
quaNfioafions encumbering th~ Easement, the execution o~ such ~nstFuments ~h~oh w~ll
Femove, Felease OF 8uboFd~nate such encumbFances ~Fom ~he Eas~menl upon
FeooFd~ng ~n ~he public FecoFds 0~ CoII~eF County, FIodda. O~neF shall pFov~de such
~nstFuments, pFopeFly executed, to PuFchaseF on OF b~OFe the da~ o~ Closing.
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 right 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 Easement and Temporary Construction Easement. 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.
Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County Commissioners
of Collier County, Florida.
Easement Agreement Page 2
Owner represents that the property underlying the Easement, and all uses of the said
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 the property underlying the Easement except as specifically disclosed to
the Purchaser; that the Owner has no knowledge of any spill or environmental law
violation on the property contiguous to or in the vicinity of the Easement 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 underlying the Easement; b) any existing or threatened
environmental lien against the property underlying the Easement; or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment, spill or transfer
of hazardous substances on the property underlying the Easement. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
Owner shall indemnify, defend, save and hold harmless the Purchaser 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 against the
Purchaser by reason or arising out of the breach of Owner's representation under Section
5. This provision shall survive Closing and is not deemed satisfied by conveyance of title.
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 associated with securing and recording a
Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the
property underlying the Easement from the mortgagee(s). The cost of a title commitment
shall be paid by Purchaser.
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.
Conveyance of the Easement and Temporary Construction Easement 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.
10. Owner agrees to grant the Temporary Construction Easement for the purpose for
constructing utility facilities in this area. This Temporary Construction Easement shall
expire upon completion of the construction of the utility facilities in the area described
above or on June 30, 2004, whichever occurs first. ,In thc
l,U ............................................... ~ ........
~11 ~e~ ~ ~ /45 ..~- ~;~ ~--~: .... ~+;I I,,~ ~ ~ ~--. *~ ..... I--*:---- --z ---~l~b~J
...... ~ ..........~ ,/ ~ ....................................... , ...........
11. If tho Ownor holds tho propo~y un0orlyin~ tho fiasomont in tho form o~ a pa~norship,
limitod pannorship, corporation, trust or any form of roprosontativo capacity whatsoovor
~or othors, Ownor shall mako a wdtton public disclosuro, accordin~ to Ghaptor 280,
Florida Statutos, undor oath, of tho namo and addross of ovory porson havin~ a
bonoficial intorost in tho propo~y undorlyin~ tho Easomont boforo tho fiasomont hold
such capacity is convogod to ~urchasor, its succossors and assigns. (If tho corporation
is ro~istorod with tho Fodoral Socuritios [xchan~o Commission or ro~istorod pursuant to
Ghaptor 517, Florida Statutos, whoso stock is for salo to tho ~onoral public,
oxompt from tho provisions of Ghaptor 280, Florida Statutos.)
12.
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
IN WITN,_,~SS WHEREOF, the parties
2/.;~5c' day of /)')~ ,2002.
Date Easement acquisition approved by BCC:
AS TO PURCHASER:
DATED:~ 2~.,
!
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER:
DATED:
Witness (Signature)
(Print or Typ.e)
Witd~ss (Signature)
Name: J'/'~_~- Z/
~Print or Type)
hereto have executed this Agreement on this
December 11,2001
Agenda Item Number 16 C (13)
BOARD OF COUNTY COMMISSIONERS
"---"'~~~E-R( I~C~'/'d'--"~'/~' ~"~""'~-/~-~'~-"%'"'~f/~" i, ~H.D.'~ Cha rman
MBC PARTNERSHIP, a Florida General
Partnership
BY S. LINDSAY,~neral Partner
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
EXHIBIT
U~\2OOI\2OOllO5\HBCEASMT.dwQ T~b, Hodel Feb 05, 2002 - 2,3Bpm Pio~%ed by, TomMur
r-q
r-" z,- :;o z
m =o o .~.T ~ d
L/) 'o z
',- r~d :~o
EXHIBIT
F,~ge. /_ el.
U~\"'UUI\'"'UUJ. IU:)%LUNI'p~.HIS.01W~ 10. D~ fflociet I-eD U:D, .'"UU~ - d~UUp~ I-'tol;1;e01 10~/~ ILIISlHAU:Xt_I~
'0 "0 "g
OOO
ooo r- g' ~
-q"q-rl I'1 II "rJ J~
_--,mo G'~ '-' ~ i~"'F° ~ 1
o rj'j
Z Z I'rl
3-11J. NVO 83 I/"1
I_ ------ ~'----- -- ,L9'L09 q ,,~[-0- .~ --
c ,-t-i-,, , ~'"u ·
E'-," z ~ o
/3'_~ ' mi J-
/zm? r-~ /
/P ~Tc,,a /
J~o o --'_ o-/ I E K r- :
--I I m om mmm m-~>r--~ - '1 'J '
~ ~ZZ Z .-I ~' '~" ~ ~ ~
-,oo o > z .-.= C.z _~zo
~ I [~ ,Po ~ o :>'-- ~o · m · m oo
~_~._ O-~Z~,~>--i rrl:;:O._i--I
>'40. 0 mm I ~Z ,.,_~
I'q I ~/ co *"'".---I _z~~ ::0/.n.'~-,- ~-r'
mu: ..,.,..~.~-n>.~z ~g.~..
)> I F-I~ o u~:i:! ~ ~ m.r, o~°C r,'ir,': r;'i ,~ _r": r- "" o ~'---u:..0
~-- I ' / m --,l~ -c,',r~_ ~c.. rq.m,~mmz~Om~ ~z :::il
~ I ~'f~ =! oo o~ e0 > s.Z" -,.~. i., ~ mr- "';.-
'1:7 I ~ ~ z ~o~ m~ ;~F~cz~_~..-, o'~ z.=o
--I I IN '~ ._,~o u~m '~r-o
.--: I IX ~ -4 mmo z p[::~,~mz~mm_Tcn
~: I I ~'" moOre
I I ~z ~ ~ "'~d m~ ' c~ o u~rnz
~ ~ :~" Jb[-,~ ~ O' -~
o~ ,-, .?,1 oq.: z~ _z>
~'~1o. ~j ~o, o_ zz~ :,._ ~:0~l~zg~
[':_~1o .oj '_o'"' _,,. ~:om ~z ..,,o~m.~
= ~ ~ rtl
-I
PROJECT: North/South Sewer Interconnect
PARCEL: MBC Partnership
FOLIO: 00271240000
Prepared by:
Ellen T. Chadwell, Esquire
Office of the County Attorney
3301 East Tamiamt Trail
Naples, Florida 34112
(941) 774-8400
2956605 OR: 3008 PG: 0638
~CORDED in O))I¢IAL RECORDS of COLLIBR ¢OUN?¥,
03/28/2002 at 02:4??# DWIGHT B, BROCK, CLBRK
CONS 5000.00
REC )E~ 15,00
00¢-.?0 35.00
C0PIE8 3.00
Retn:
REAL PROPERT¥
BXT 8991
INTER
UTILITY EASEMENT
THIS EASEMENT, made and entered into this ~,-,-N day of /144~ ., 2002, by
MBC PARTNERSHIP, a Florida General Partnership, by its undersigned General Partner who
has been duly authorized by the Partnership to execute this easement, 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, 3301 East Tamiami Trail,
Naples, Florida 34112, its successors and assigns, 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, license, and privilege for utility purposes, on 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, sewer
lines and pipes, service and pump stations, and other equipment or improvements appurtenant
thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities
thereon. 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.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written,
WITNESSES:
Witness (Signature)
Name:
(Print ~r Typ~)
W ira'S-ss (Signature)
Name:
'(i~int or Type)
MBC PARTNERSHIP, a Florida General
Partnership
~//a~:~S. Lin dsay, G~a,
Partner
Address: 732 21st Avenue S
Naples, FL 34102
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY
COLLIER COUNTY, FLORIDA,
TO C ·
STATE OF F%0~',~ OR: 3008 PG: 0639
COUNTY OF d~ %~_~r'
_he ~oregoing Utility Easement was acknowledged before me this ,~5" day of
~ ,2002, by Ja?~_~y~eral Partner, of MBC Partnership, a Florida
general partnership,~.~ho is pers_o_nally known to me~e.~r who has produced
as identification. -"-----'-
(Affix notarial seal)
~___-./N- (Signature.of Notary)
(Print Name of Notary) ...
Commission # ~,/) 0 ,.~ ,f'~'7..5
My Commission Expires:
EXHIBIT, "-~"
Page_ /,_Of /-
OR: 3008 PG: 0640
Um\2OOI\2OOIIO5\MBCEASMT.dwO T~b~ Model Feb 05, 2002 - P,38pm Plo%~ed by, TomMurphy
000
000
--Z~
Zzrq
Fq
Z
m
~RI '- z
0
-o~
o
-< mo ~om m~R:l ~ooc~oou~.~o mom
~ 00~
,
~0
o~~ ~>~ -
~o ~ >m mom ~
E~.~R~ a o ~-~Eoa ~o~
~ ~m m z~ ~i_'z~ z ~z
~o N-~Zo~ -z~
z
0~0~
0
~ >~ ~ ~ ~~o~z
~e>~ ~ o '~o
~ zo,', d~ o
Z
=
PROJECT:
PARCEL:
FOLIO:
North/South Sewer Interconnect
MBC Partnership
00271240000
Prepared by:
Ellen T. Chad~ll, Esquire
Office of the County Attic3
3301 East Tamiami Trail
NapleS, Florida 34112
(541) 774-8400
2956604 OR: 3008 PG: 0635
RECORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL
03/28/2002 at 02:47PM DWIGHT B. BROCK, CLBRK
CONS 2500.00
REC PRE 1§,00
DOC-.70 17.50
COPIES 3.00
Retn:
REAL PROPERTY
RXT 8991
INTER OFFICE
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT is made and entered into this"'"'o(~'lff day of
('Fi ~ c~ ,2002, by MBC PARTNERSHIP, a Florida General Partnership, by
its undersigned General Partner who has been duly authorized by the Partnership to
execute this easement, whose mailing address is 723 21st Avenue S, Naples, FL
34102, (hereinafter referred to as "Grantor"), and 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, 3301 East Tamiami Trail, Naples,
Florida 34112, its successors and assigns (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" are used for singular or
plural, as the context requires, and include all the parties to this instrument and their
respective heirs, legal representatives, successors and assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
temporary easement, license and privilege 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 Easement is granted for the express purpose of providing Grantee temporary
access to Grantor's lands as described above, and for the purpose of storing material
and equipment during the construction and installation of public improvements adjacent
thereto. This Easement shall expire upon official acceptance of the public
improvements by the Board of County Commissioners of Collier County, Florida, or on
June 30, 2004, whichever occurs first. ',,'; t,hc c;'~,*';t t,h~ co,'~structlo,-; of uti',iti~s fac:J:,t~e~x~
................... ~ ................. - ....~ ......... u ........................'~'ll'./
Grantee shall restore the surface of the Easement Area to the condition existing prior to-ir-
the commencement of construction adjacent thereto.
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMNXSSZONERS,
COI. LIER COUNTY, FLORZBA,
PURSt~NT TO AGENOA~
IN WITNESS WHEREOF, the GRANTOR
executed the day and year first above written.
has caused
the0~e: prgs0~ntJ~C'tb 0o6~36
WITNESSES:
Witness (Signature)
(:~~ype)
,~(Sig~,~) -
Name: '~.~.
(Print or Type)
MBC PARTNERSHIP, a Florida General
Partnership
BY:
Partner
Address: 732 21stAvenue S
Naples, FL 34102
STATE OF
COUNTY OF C.~.~".
The foregoing Utility Easement was acknowledged before me this ,R 5" day of
,,,~.~/¢ ,2002, by James S. Lindsay, as General Partner, of MBC Partnership, a
Florida general partnership, who is personally known to m.~ or who has produced
as identification.
(Affix notarial seal)
ll~ My COMMISSION # DD 0~675
~//,~/(Sig. natu~..e of Notary)
(Print Name of Notary)
Commission #,.~'~
My Commission Expires:
~,.:,~e_~as to fo~ & ~1t111 sufftctenc~
"Assistant Couat~ Attorae~
Ellen T. Chad~e11
EXHIBIT,, .'~ *** OR: 3008 PG: 0637 ***
UI\.-'UU~,%,'UUIIUD\L, UHkfl~I,11b..ClW~ IO.D~ Moctet I~eD UO, ~uu,-' - d~uupi,~ I-'to~:"tec~ o),~ IUMHRU~I:.K
m
go(Do')
: : Z rtl
~m
~g~
" C')
m