Parcel III-833PROJECT: Lely Area Stormwater Improvements
PARCEL NO: III-833
FOLIO NO.:
3053494 OR: 3120 PG: 0689
IICQiI~il} ia Ol~lICIl[, IIC0~.~S o~ CO~[It
C01S IOG.O0
~C ~I 15.00
~-.10
CO,IlS
213-5845/~071
DRAINAGE EASEMENT
THIS EASEMENT, made and entered into this .__(.p__ day of
20O__,Z-by DAVID HILL, a single man, whose mailing address is 601 SW 13'" Street,
Belle Glade, FL 33430-3724, as Grantor, and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 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 and
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, a
perpetual, non-exclusive easement, license, and privilege to enter upon and to install
and maintain drainage facilities 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 s~,;d land, place, excavate, and remove materials for the purpose of
constructing, operating, and maintaining drainage 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.
Witness (Signature)
Name:
~¢ifness (S, Jc'n,htu re)
Name:
(Print or Ty~e)
Address: 601 SW 13~ Street
Belle Glade, FL 33430-3724
OR: 3120 PG: 0690
(affix notarial seai)
~.~,.~. Hdda M. Porro
Co~r. mission # CC 770765
E,rlres OCT. 17.2002
STATE OF ~L0~ DA
The foregoing Drainage Easement was acknowledged before me this
of A/~z'f~ _, 2003.-by David Hill, a single man, who is personally known
to me or who has produced _ ~ ])nvc~ [¥..~.- .._ as identification.
(Signature of Notary Public)
~Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: Cc: 710'TG 5'
My Commission Expires: ~
Assistant Count) Attorney
Ellen T. Chadwell
PL~BLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
16
EXHIBIT "~"
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT_
PARCEL ~
FOLIO oo.~..,t~'Y2
P.O.C. W 1/4 COR.
SEC. 32, TWP. 50 S,
ROE 26 E.
PARCEL~-833
TAX PARCEL 83
~.O,B.
LEGAL DESCRIPTION
THE SOUTHEASTERLY 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE WEST QUARTER CORNER OF SECTION 32, TOWNSHIP 80 SOUTH, RAN(3E 28 EAST,
COLLIER COUNTY, FLORIDA; THENCE $ 02°50'30- W ALONG THE WEST UNE OF SAID SECTION 32
208.29 FEET; THENCE N 59'5T30" E 892.44 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE
N 59'57'30' E 180.00 FEET; THENCE N 30°0Z30' W 300.00 FEET; THENCE $ 59'8T30" W 150.00 FEET,
THENCE S 30'02'30" E 300.00 FEET TO THE POINT OF BEGINNING,
GENERAL NOTES
l) p.o,c, - POINT OF COMMENCEMENT
2) P.O.B. · POINT OF BEGINNING
3) SEC. '~ SECTION
4) T~,qm. = TOWNSHIP ,
5) RGE. · RANGE
8) RJW" RIGHT OF WAY
7) ALL DISTANCE8 ARE IN FEET AND BECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALEO WTTH THE
EMBOSSED SEAL OF ^ PROFESSIONAL LAND SURVEYOR
NOT TO SCALE
PREPAI~ED BY:
P
~'~I~ORGE R. RICHMON · ·
COLLIER COUNTY PUBLIC WORKS
3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 34112
JUNE 14, 2000
GWT833
SHEET t OF t
PROJECT: Lely Area Stormwater Improvements
PARCEL NO: 111-833
FOLIO NO.: 00444520007
1,6a8
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between DAVID HILL, a single man, (hereinafter referred to as
"Owner"), whose mailing address is 601 SW 13th Street, Belle Glade, FL 33430-3724,
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, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for drainage
and maintenance, 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 $800.00, 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.
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.
Easement Agreement
1688
Page 2
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 Properly 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.
Easement Agreement
1688
Page 3
IN ~LITNESS WHEREOF, the parties hereto have executed this Agreement on
this _,;,~.~--day of ~ , 2002.
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED:
WITNESSES:
Witness (Signature)
Name:
rint or Type)
~tness (_Sig~atu'~e) ,.~
Name:
(Print or 'f/ype)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JA~IES N. COLETTA, Chairman
DAVID
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
/.,Bo
J,, v UU
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
EXHIBIT PR00ECT' ..W / o /
~nn~e_ t ,of ~ .- NOT A SURVEY, PARCEL
SEC. 32, TWP. 50 $, ~_ \ PARGI=I '~'l'-na.q \
~4
LF:G^L DESCRIPTION
THE $OUTHE^$TERLY §0 FEET OF THE FOLLOWI~ DI::$CRIBI::D P^~CI::L:
GOMMEN~E ,aT THI: W£$T QU^RTI=R CORNER OF $1::CTIO~ 32, TOWNSHIP ~0 SOUTH, R^NGI= :~8 EAST,
COLLIER COLI~TY, FLORID^; THENCE $ 02'§0'30' W ^LONG THE WEST I_I~E. OF $^ID $£CTIO~ 3~
20§.:~0 FEET; THENGE N §g°§~'30" E 89Z44 FI:ET TO THE POINT OF ~£~IN~I~: THI::NCI:: CO~TINUI=
N §9°§7'30" I:: 1§0.00 FEET; THENCI= N 30°02'$0" W 300.00 FI:ET; THI::NCI:: $ 50°§?'30" W 1§0.00 FEI=T,
THENCE $ 30°02'30" E 300.00 FEET TO 'I'HI= POINT OF REGI~I~I3.
GENERAL NOTES
a} sec. = SECTION PREPAt3ED BY:
4~ 'I'WP. - TOWNSHIP
8) R/W -- RIGHT OF WAY (.GEORGE R. RICHMOND P.L.S. 2406
COLLIER COUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
I)RAW~ BY GHI=I,.;~.~U Ely SCALE DATE FiLE NO.
NOT TO SCALE JUNE 14, 2000 GWT833 SHEET 1 OF 1