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Weaver Utility Easement & AgreementFROM: DATE: RE: Memorandum Teri MichaelsFFrish Morgan Minutes & Records Management Joan M. Smith, Property Acquisition & Construction Facilities Management Department March 5, 2003 Golden Gate Wellfield Reliability Improvement Project Parcel No. 921 Folio No.: 00308440003 Please find attached one (1) original recorded Utility Easement and one (1) original 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 (1), dated February 11,2003. Please contact me if you have any questions or comments at 774-8719. Thank you. atta~ cc: K. Boyer, Public Utility Engineering Dept. w/Utility Easement/Agreement/VVaiver Tax Appraiser w/Utility Easement only Inventory File w/Utility Easement / Agreement/Waiver Office of the Real Property Management Department PROJECT: Golden Gate Area Wellfield Expansion PARCEL: 921/Weaver (Well Site 21) FOLIO: 00308440003 3135938 OR: 3227 PG: 3022 R~CORDND in OFPICIAL HNCORD$ of COLLIER COUNTY, FL 02/27/2003 at 12:29PM DWIGHT ~, BROCK, CL~RK Retn: RRAL PROPRR?¥ gX? 8719 INTRR OFFICR/JOAN CONS 1100.00 R~C F~i 19.50 DOC-.70 7.70 COPIES 4.00 Prepared by: Ellen T. Chadwe11, Esquire Office of the County Atterney 3301 East Tamtamt Tratl #aples, Florida 3411Z (941) 774-8400 UTILITY EASEMENT THIS EASEMENT, made and entered into this/62 day of~..~,,~'4,',~f"~' , 20~, by MARVIN J. WILL WEAVER, INDIVIDUALLY and as TRUSTEE, as ~irantor, td 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 ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit, "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. NEITHER THE GRANTOR NOR GRANTOR'S SPOUSE OR ANY OTHER FAMILY MEMBER RESIDES ON THE PROPERTY DESCRIBED HEREIN OR ADJACENT THERETO AND THE PROPERTY DOES NOT CONSTITUTE HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials including, but not limited to, sewer lines and pipes, service and pump stations, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ~=irst/Wit0e~ss ~Si'.qpatu~'e) Name: S~/on~e~s! L,~tu re) Name: ._ _~~ (Print or type) M~:IVI N/~WI LL WEAVER, INDIVIDUALLY, and as TRUSTEE 116 Essex Drive Knoxville, Tennessee 37922 OR: 3227 PG: 3023 STATE OF ~'~'~'$~'~ COUNTY OF ~'~ ~ .~uf_,/foregoing UTILITY EASEMENT was acknowledged before me this /~¢-'¢'day of _,~//'.9', , 20D~ by MARVIN J. WILL WEAVER, INDIVIDUALLY and as TRUSTEE, who is personally known to me or whg....has produced ( Si'cJ~a~e_ c~/N ot a ry P u b I ic) (Print Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: ~_. ('/'~. f~. Assistant County Attorne.v Ellen T,, Chadwell COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY EXHIBII'_ OR: 3227 Survey & Mapping Coastal Engineenng Real Estate Appraisal Environmental Assessment Wetosffe: www coastalengineenng.com WELLFIELD 21 PROPOSED UTILITY EASEMENT DESCRIPTION THE EAST 15 FEET OF THE WEST 45 FEET OF THE NORTH 15 FEET OF THE SOUTH 35 FEET OF THE SOUTH ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 15, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 225 SQUARE FEET OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. COAS~,IGINEERING CONSULTANTS, INC. FL%RI/D~7ORIZATION NO. LB 2464 RICHARD J. EWIN~, V.Pi '-"' -~ PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 00.346 DATE OF SIGNATUREi/-3.~3 3106 S Horseshoe Drive, Naples, Florida 34104 · Phone (941) 643-2324 Fax (941) 643-1143 · E-Mail: engoollier,'~cecifl com *** OR: 3227 PG: 3025 *** II WEST LINE SECTION 15, TWP ~ 7 o ~ 7 ,Om o~ F -,.-, "'om 49 S, ROE 27 E_ ....... 0 ~ ~~0 ~~ 0 ~O © (~c~ mm Or._ -4 ~P-, og -4 '-qO -4 ~g 0 r~ --I x -.< ~00-4 Z m O0 0 PROJECT: Golden Gate Area Wellfield Expansion PARCEL: 921/Weaver (Well Site 21) FOLIO: 00308440003 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT. (hereinaf. J.tc/r~eferred to as the "Agreement") is made and entered into on this /'O~' day of ,,.,../,¢,¢.,'~',,~/',¢' , 20~,.,4", by and between MARVIN J. WILL WEAVER, INDIVIDUALLY and as ~'RUSTEE, (hereinafter referred to as "Owner"), whose mailing address is 116 Essex Drive, Knoxville, Tennessee, 37922, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (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 purposes, 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 acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser for the sum of $1,100.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all 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 Property to Purchaser. 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. o 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 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. 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 o o o 10. 11. 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 the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property 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 transfer of hazardous substances on the Property. 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 the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property 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 Property 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. If the Owner holds the Property 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 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 provisions of Chapter 286, Florida Statutes.) This Agreement is governed and construed in accordance with the laws of the State of Florida. 2 IN ~TNESS ..~/~EREOF, the parties hereto have executed this Agreement on this /~T"~day of .~/,,~,~'J¢~/ ,20~.~' . Date Property acquisition approved by BCC: Z-Il-05 AS TO PURCHASER: DATED: W it n~ss.,(?Sig na. tu r.e,). Name: '.~~ ~.' (z~,~ (Print or Type) V~e~natur~ Name:~/.... --I! (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER~TY~,~/RIDA o Tom Henning, Chairman Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney COASTAL ENGINEERING ,, CONSULTANTS A CECI GROUP COMPANY EXHIBIT CECI Group Sen/Ices Civil Engineering Survey & Mapping Coastal Engineering Real Estate Appraisal Environmental Assessment Wetosite: www,coastateng~neering,¢om WELLFIELD 21 PROPOSED UTILITY EASEMENT DESCRIPTION THE EAST 15 FEET OF THE WEST 45 FEET OF THE NORTH 15 FEET OF THE SOUTH 35 FEET OF THE SOUTH ½ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 15, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 225 SQUARE FEET OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. COAS~/AL~INGINEERING CONSULTANTS, INC. FLORID/A~T~ORIZATION NO. LB 2464 · PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND ,MAPPER CEC FILE NO. 00.346 DATE OF SIGNATUREi 3106 S. Horseshoe Drive, Naples, Florida 34104 · Phone (941} 643-2324 Fax (941) 643-1143 E-Malt: engcollierE~cecifl corn II _1z Tm mo Z--'~ O-- .--~rr T ~2 --.t-- "r WEST LINE SECTION 20.00' 15' ~ EXHIBIT 1 5, TWP 49 S, ROE 27 E ZZ r~ ~ o~ -H -qO 0 --~ ~> 0 x 21> {.D < 7 -'n 0