Easement Agreement - Raw Water Wells 1-3 (Folios #63045030467 &63045030645) PROJECT: Naples Reserve
PARCEL: Raw Water Wells 1-3
FOLIO NO.: 63045030467 & 63045030645
Accepted by the BCC pursuant
to Resolution 2012-29
Orkd'.nance_
%O.x` EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between SFI NAPLES RESERVE, LLC, a Delaware limited liability
company, by its undersigned Managing Member, (hereinafter referred to as "Owner"), whose
mailing address is c/o (Star Financial, Inc.,1114 Avenue of the Americas, 39th Floor, New York,
NY 10036, 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"), whose mailing address is
3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for the purpose of
utility installation, construction, operation, and maintenance, including right of access to perform
any such purpose, 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, Owner desires to convey the 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;
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 to Purchaser for the sum of Seventeen Thousand
Eight Hundred One Dollars and Seventy Seven Cents ($17,801.77), payable by County
Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall
be full compensation for the Easement conveyed, including all landscaping, trees,
shrubs, improvements, and fixtures located thereon, and for any damages resulting to
Owner's remaining lands, and for all other damages in connection with conveyance of
said Easement to Purchaser.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Easement 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 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. At Closing, Purchaser shall deliver the County
Warrant to Owner and Owner shall deliver the conveyance instrument, and all affidavits
and resolutions required by Purchaser's title insurance provider, to Purchaser in a form
acceptable to Purchaser.
4. 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.
5. Owner represents that the property underlying the Easement, and all uses of 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.
6. 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.
7. 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.
8. 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.
9. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written Agreement,
0
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. If Owner holds the property underlying the Easement 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 before the Easement 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.)
11. 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 on the dates
set forth below.
AS TO PURCHASER:
DATE AGREEMENT APPROVED BY BCC: / 1 2-1( Z--
ATTEST:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIEF�COUNTY, FLORIDA) 4VS L-.6.04, emiN6
A
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A st as to Chairman
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signature only, 4 d £,�—oFFActo -* 4. GojfeN►.
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(Signature page follows)
AS TO OWNER: SFI NAPLES RESERVE, LLC
a Delaware limited liability company
DATED: IZ•/k/lP
By: ISTAR, Inc.
Its: Mana•• g M-mber
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By: /1/1
itn- snature
cwi
Name: OtP },en R• I/ Rlst4�
4-441(Print Type) Print: s�al 5
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Witness (Site) Its: Ut t ((Si C'1 </31,q&. i
(Print or Type)
Approved as to form and
legality:
Je - fifer A. Belp'-•y �p
Assistant County •ttorney ( Y -\\
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L5CUE
PLAT
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TRACT P2 \ L6 I PSI e of - /
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PER PLAT / i // / o 100 200
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�, NAPLES RESERVE PHASE I' // 1" = 200'
UNE TABLE J• (2 / P.B. 53, PG. 89-101 //
LINE DIRECTION LENGTH /
L1 N74'56'44"W 54.53 TRACT 7-7-
C7.
L2 N36'30'27"E 54.74 OS 1� ,'Li .L10
L3 N06'52'11"W 84.03 -"/ - - POB CURVE TABLE
i
W
L4 NO1'52'11" 25.49 / NAPLES RESERVE CURVE RADIUS DELTA ANGLE CHORD CHORD BEARING ARC LENGTH
L5 N90'00'00"E 20.01 / BOULEVARD Cl 40.00 111'27'11" 66.11 N19'13'06"W 77.81
/
16 SO1'52'11"E 18.70 C2 40.00 43'22'38" 29.56 N14'49'08"E 30.28
L7 S06'52'11"E 84.03 ABBREVIATIONS C3 100.00 30'48'39" 53.13 N22'16'30"W 53.78
P.B. = PLAT BOOK
L8 S36'30'27"W 54.74 PG. = PAGE C4 120.00 2735'57" 57.25 S20'40'09"E 57.80
POB = POINT OF BEGINNING
L9 S74'56'44"E 73.15 AE = ACCESS EASEMENT C5 60.00 43'22'38" 44.35 S14'49'08"W 45,42
CUE = COUNTY UTILITY EASEMENT
L10 S58'41'14"W 11.56 C6 20.00 111'27'11" 33.05 S19'13'08"E 38.90
II l
II I C7 386.00 2'20'26" 15.77 S57'31'01"W 15.77
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING THE SAME AS AN ACCESS EASEMENT
LOCATED WITHIN TRACT REC1, AS SHOWN ON THE PLAT OF NAPLES RESERVE, PHASE I, RECORDED IN PLAT BOOK 53, PAGES 89 THROUGH 101 OF THE
PUBLIC RECORDS OF COWER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF
SAID TRACT REC1, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF NAPLES RESERVE BOULEVARD, AS SHOWN ON SAID NAPLES
RESERVE, PHASE I PLAT, THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT REC1, THE FOLLOWING SEVEN DESCRIBED COURSES: 1) THENCE RUN
N74'56'44"W FOR A DISTANCE OF 54.53 FEET, TO A TANGENTIAL CURVE; 2) THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET,
THROUGH A DELTA ANGLE OF 111'27'11", AND BEING SUBTENDED BY A CHORD OF 66.11 FEET, AT A BEARING OF N19'13'08"W, FOR AN ARC LENGTH
OF 77.81 FEET; 3) THENCE RUN N36'30'27"E FOR A DISTANCE OF 54.74 FEET, TO A TANGENTIAL CURVE; 4) THENCE ALONG A CURVE TO THE LEFT,
HAVING A RADIUS OF 40.00 FEET, THROUGH A DELTA ANGLE OF 43'22'38", AND BEING SUBTENDED BY A CHORD OF 29.56 FEET, AT A BEARING OF
N14'49'08"E, FOR AN ARC LENGTH OF 30.28 FEET; 5) THENCE RUN N06'52'11"W FOR A DISTANCE OF 84.03 FEET, TO A TANGENTIAL CURVE; 6)
THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A DELTA ANGLE OF 30'48'39", AND BEING SUBTENDED BY A
CHORD OF 53.13 FEET, AT A BEARING OF N22'16'30"W, FOR AN ARC LENGTH OF 53.78 FEET; 7) THENCE RUN N01'52'11"W FOR A DISTANCE OF 25.49
FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF A 100'X100' COUNTY UTILITY EASEMENT, AS SHOWN ON SAID NAPLES RESERVE, PHASE I PLAT, RUN
N90'00'00"E FOR A DISTANCE OF 20.01 FEET; THENCE LEAVING SAID COUNTY UTILITY EASEMENT, RUN SO1'52'11"E FOR A DISTANCE OF 18.70 FEET, TO
A NON-TANGENTIAL CURVE; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 120.00 FEET, THROUGH A DELTA ANGLE OF 27'35'57", AND
BEING SUBTENDED BY A CHORD OF 57,25 FEET, AT A BEARING OF S20'40'09"E, FOR AN ARC LENGTH OF 57.80 FEET; THENCE RUN S06'52'11"E FOR A
DISTANCE OF 84.03 FEET, TO A TANGENTIAL CURVE; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET, THROUGH A DELTA
ANGLE OF 43'22'38", AND BEING SUBTENDED BY A CHORD OF 44.35 FEET, AT A BEARING OF S14'49'08"W, FOR AN ARC LENGTH OF 45.42 FEET;
THENCE RUN S36'30'27"W FOR A DISTANCE OF 54.74 FEET, TO A TANGENTIAL CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF
20.00 FEET, THROUGH A DELTA ANGLE OF 111'27'11", AND BEING SUBTENDED BY A CHORD OF 33.05 FEET, AT A BEARING OF S1913'08"E, FOR AN
ARC LENGTH OF 38.90 FEET; THENCE RUN 574'56'44"E FOR A DISTANCE OF 73.15 FEET, TO A NON-TANGENTIAL CURVE, ALSO BEING A POINT ON THE
NORTHERLY RIGHT-OF-WAY LINE OF SAID NAPLES RESERVE BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND CURVE TO THE
RIGHT, HAVING A RADIUS OF 386.00 FEET, THROUGH A DELTA ANGLE OF 02'20'26", AND BEING SUBTENDED BY A CHORD OF 15.77 FEET, AT A BEARING
OF S57'31'01"W, FOR AN ARC LENGTH OF 15.77 FEET; THENCE RUN S58'41'14"W FOR A DISTANCE OF 11.56 FEET, TO THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED, CONTAINING 7,537 SQUARE FEET.
Digitally signed byJohn
HOLE MONTES, INC., CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 :3..y.< '' Hilton
's' _•,1••)c.;;��� DN:cn=John Hilton,
o=Hole Montes,
/ _ _ ' ouemail=johnhilton@hme Department,
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P.S.M. 16278 _= ng.com,c=US
STATE OF FLORIDA Date:0310400
1427:03-04'00'
DRA ` lb 950 Encore Way DRAWING N0.
R.A.K. H-107
Mill Naples, FL. 34110
SHEET i OF SHE Phone: (239) 254-2000 PROJECT N0.
1 t HOLE MONTES Florida Certificate of SKETCH AND LEGAL DESCRIPTION 2016555
SEC-TWN-RGE: EIIGII ERS pumas MOMS Authorization No.1772 FILE NAME1-51 S-26E AE-1.1E9314.1
•
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\\ WINDWARD LANE Page—....-2" of r�
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o 25 50 - _ 20.00 _ 46.09 /LOT 1, BLOCK 2C
/ ,://%i S89'55132"W T
1- = 50' / �,,,.
NO0'04'28"W ',! SO0'04'28"E
// 30.00 ;`?Y 30.00
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BLOCK 2B I WELL #2
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100'X100' CUE
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_ � L _ LL L
TRACT 0S2 ABBREVIATIONS
P.B. = PLAT BOOK
PG. = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
1 AE = ACCESS EASEMENT
I CUE = COUNTY UTILITY EASEMENT
I I
1 t ra-d c ca-- €a-e ca 61 L-e c�-a ra-o a- r— LA-mel cr- r�r a c_ a La a.-.G-t. EI-ea 0a-a ra��L.134.114-6.I u.a+
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING A PORTION OF TRACT 0S2, NAPLES
RESERVE, PHASE II, AS RECORDED IN PLAT BOOK 56, PAGES 20 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 2C, AS SHOWN ON SAID NAPLES RESERVE
PHASE II PLAT, THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT OS2, RUN S89'55'32"W FOR A DISTANCE OF 46.09 FEET, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING SAID NORTHERLY BOUNDARY, RUN S00'04'28"E FOR A DISTANCE OF 30.00 FEET, TO A
POINT ON THE NORTHERLY BOUNDARY OF A 100'X100' COUNTY UTILITY EASEMENT, AS SHOWN ON SAID PLAT; THENCE ALONG THE NORTHERLY BOUNDARY
OF SAID COUNTY UTILITY EASEMENT, RUN S89'55'3211 FOR A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID EASEMENT, RUN NOO'04'28"W FOR A
DISTANCE OF 30.00 FEET, TO A POINT ON SAID NORTHERLY BOUNDARY OF TRACT OS2; THENCE ALONG SAID NORTHERLY BOUNDARY, RUN N89'55'32"E
FOR A DISTANCE OF 20.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 600 SQUARE FEET.
Digitally signed by
HOLE MONTES, INC., CERTIFICATE OF AUTHORIZATION NUMBER LB 1772John Hilton
.--,-,':::'r:„; DN:cn=John
''' Hilton,o=Hole
r :,i ' Montes,ou=Survey
4� ; Department,
_� email=johnhilton@
P.S.M.rr #6278 '-‘ :.:;:--7::--- hmeng.com,c=US
OHN J. HIL IN STATE OF FLORIDA Date:2016.08.03
14:27:25-04'00'
Mt BY:� 8 950 Encore Way DRAWING NO.
SHEET OF SHEETNMI Naples, FL. 34110 H-108
Phone: (239) 254-2000 PROJECT NO.
1 + SKETCH AND LEGAL DESCRIPTION 2016555
SEC-13411-RGE: HOLE MONTES Florida Certificate of
FILE NAME
1-51S-26E ENGNEERS PW TEAS SURVEYOIIS Authorization No.1772 !i IE94D7dp
\\Am-dalo\NLOATA-SY2\2016\2016555\SKETCRES\AE UE To WeSllea\AE-UE SK003.d"g 8/3/2018 1:3&06 Pl!Plotted M'RNkkKom. '
L,/ THIS IS NOT A SURVEY N
I JAI
TOPSAIL DRIVE EXH 1 E i
POC `t i
N.E. CORNER OF Plage_____Of.
LOT 1, BLOCK 3A POB �g
-
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25 50
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UNE TABLE
UNE DIRECTION LENGTH
3 21 L1 S00'19'23"W 24.56
WELL #3 I L2 N89'40'37"W 20.00
•
100'X100' CUE L3 NO0'19'23"E 29.50
BLOCK 3A 1
PER PLAT
I I
I
el
I
_ J. L NAPLES RESERVE I t
PHASE II TRACT 0S2 (I
P.B. 56, PG. 20-38 N
ABBREVIATIONS
P.B. = PLAT BOOK
PG. = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT .
CURVE TABLE AE = ACCESS EASEMENT
CUE = COUNTY UTIL1IY EASEMENT
CURVE RADIUS DELTA ANGLE CHORD CHORD BEARING ARC LENGTH 6
Cl 200.00 4'33'57" 15.93 S79'54'06"E 15.94 1
C2 200.00 3'17'04" 11.46 S75'58'35"E 11.47
C3 •200.00 2'37'02" 9.14 S75'38'33"E 9.14 I
I
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING A PORTION OF TRACT 0S2, NAPLES
RESERVE, PHASE II, AS RECORDED IN PLAT BOOK 56, PAGES 20 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 3A, AS SHOWN ON SAID NAPLES RESERVE
PHASE II PLAT, THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT OS2, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET,
THROUGH A DELTA ANGLE OF 04'33'57", AND BEING SUBTENDED BY A CHORD OF 15.93 FEET, AT A BEARING OF S79'54'06"E, FOR AN ARC LENGTH OF
15.94 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. THENCE CONTINUE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF
200.00 FEET, THROUGH A DELTA ANGLE OF 03'17'04", AND BEING SUBTENDED BY A CHORD OF 11.46 FEET, AT A BEARING OF S75'58'35"E, FOR AN
ARC LENGTH OF 11.47 FEET, TO A TANGENTIAL REVERSE CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 200.00 FEET, THROUGH A
DELTA ANGLE OF 02'37'02", AND BEING SUBTENDED BY A CHORD OF 9.14 FEET, AT A BEARING OF S75'38'33"E, FOR AN ARC LENGTH OF 9.14 FEET;
THENCE RUN SO0'19'23"W FOR A DISTANCE OF 24.56 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF A 100'X100' COUNTY UTILITY EASEMENT;
THENCE ALONG SAID NORTHERLY BOUNDARY RUN N89'40'37"W FOR A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY, RUN
NOD'19'23"E FOR A DISTANCE OF 29.50 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 541 SQUARE FEET.
Digitally signed by
HOLE MONTES, INC., CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 _ John Hilton
J.I'', ''' DN•cn=John Hilton,
J
o=-Hole Montes,
ou=Survey
C.., Department,
BY / .'',_,:5•:-,-.,*_--
' email=johnhilton@h
�'� • '.M. #6278 __,_ _ meng.com,c=US
JINN . HILTON STATE OF FLORIDA Date:2016.08.03
14:27:45-04'00'
blielH BY: ''TE: 950 Encore Way DRAWING NO.
Naples, FL. 34110 H-1PROJECT NO.
SHEET OF SHEET
1 Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION 2016555
SEC-1WN-RGE: HOLE MONTES Florida Certificate of FILE NAME
t-51S-26E MEERS r%A NEns Sumfvoas Authorization No.1772