Parcel 923 & 823
PROJECT: SCRWTP RO Expansion to 20 MGD Wellfield Project
PARCEL NO.: 923/823
FOLIO: 00416560008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this L. ..... day of ~ ~ . - - , 2005, by and between
FIRST ASSEMBLY OF GOD OF NAPLES, LORIDA, INC., A FLORIDA NOT-FOR-
PROFIT CORPORATION, (hereinafter referred to as "Owner"), whose mailing address
is 3805 The Lords Way. Naples, FL 34114, 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 East Tamiami Trail, Naples, Florida
34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for
the purpose of utility facilities, and access to, over, under, upon and across the lands
described in Exhibit "A" (hereinafter referred to as the "Utility"), which is attached hereto
and made a part of this Agreement;
WHEREAS, Purchaser has requested that Owner convey to the County a
perpetual, non-exclusive Access Easement for the purpose of access to, over, upon
and across the lands described in Exhibit "B" (said easement hereinafter referred to as
the "Access"), which is attached hereto and made a part of this Agreement;
WHEREAS, Utility and Access is hereinafter referred to as the "Property".
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:
1 . Owner shall convey the Property via a Utility Easement and Access Easement to
Purchaser for the sum of $42,900.00, 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, including attorney's fees and costs as
provided by Chapter 73, Florida Statutes.
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. 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,
EA - UElAE
Easement Agreement
Page 2
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 instruments 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 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 County; that the Owner has
no knowledge of any spill or environmental law violation on any land contiguous to
or in the vicinity of the Property to be conveyed to the County, 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.
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. 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 land underlying the Property 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 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.
10. If the Owner holds the land underlying 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 land underlying 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
EA-UE/AE
Easement Agreement
Page 3
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
this u.......... day of ~ J 2005.
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED: OJ - J5-D5'
~,\j ':.z' . .
. ~\\.\ ',.;; llill /¡ .
BOARD OF COUNTY COM~è'SIONERS"".
OF COLLIER COUNTY, F~lbRIDA, AS' ......
THE GOVERNING BOD'f::OF COLLIER,,; -":;
COUNTY AND AS EX-OfFICIO, THE ;:,.' ~-:
GOVERNING BOARD O~ THE COLLIER
COUNTY WATER-SEWER DISTRICT
"
ATTEST:
DWIGHT E. BROCK, Clerk
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BY: ~ W. . (~"''''
Fred W. Coyle, Chairman
Name: 7'ho,..- 11· DelA.s_
(Print or Type)
¿"')~'\\ ~
Witness (Signature)
God of Naples, Florida,
t r-profit Corporation
By:
, President
Name: ~11-A ~Vh.A4-.) \Je-Cs>g~
(Print or Type)
Approved as to form and
legal sufficiency:
ÞJ~\£~
........
Ellen T. Chadwell
Assistant County Attorney
EA·UE/AE
EXHIBIT __4-
Page-4- of _ L-
PROJECT ~
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P.O.C. /');;) .. ..
NW CORNER OF NORTH LINE OF THE SW 1/4 OF ~ c;j. > > <>
SECTION 14 ç THE NW 1/4 ~::? ,---
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SKETCH AND DESCRIPTION
OF A 15' UTILITY EASEMENT
IN lHE SW 1/4- OF THE NW 1/4 OF SECTION 14, ThP 50 S,
RGE 26 E, COWER COUNTY, FlORIDA
NORTH lI~E SECTION 147 _
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F.P.&l.-FLORIDA POWER & LIGHT CO.
R/W - RIGHT-Of-WAY
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
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SW 1/4 OF THE NW 1/4
FOUO NO.:
00416560008
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8 f.o ~ 170'
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"-- SOUTH LINE OF THE SW 1/4 Of
THE NW 1/4
DESCRIPTION Of A 15-FOOT STRIP OF LAND LYING IN THE SOUTHWEST 1/4 Of THE NORTHWEST 1/4 OF SECTION 14.
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, flORIDA:
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COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14, TH.ENCE RUN NBr25'49"E, A DISTANCE OF 1,165.BO
FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE RUN SOO·49'JS·W, A DISTANCE OF 1340.31 FEET ALONG A
LINE THAT RUNS PARAllEL TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 TO THE POINT Of
BEGINNING: THENCE RUN N87'28'S7"E, A DISTANCE Of IS.03 FEET ALONG THE NORTH LINE Of SAID SOUTHWEST 1/4
Of THE NORTHWEST 1/4; THENCE RUN SOO'49'3S"W, A DISTANCE Of 1340.32 fEET ALONG A LINE THAT RUNS
PARALLEL TO THE EAST LINE OF SAID SOUTHWEST 1/4 Of THE NORTHWEST 1/4; THENCE RUN S87"32'04"W, A
DISTANCE OF 15.02 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN
NOO·49'3S"E, A DISTANCE OF 1340.31 FEET ALONG THE WEST LINE Of A 170-FOOT fLORIDA POWER AND !JGHT
COMPANY RIGHT-Of-WAY EASEMENT, SAID LINE RUNNING PARAllEL TO SAID EAST LINE TO THE POINT Of BEGINNING.
CONTAINING 20,10S SQUARE FEET OR 0.46 ACRES, MORE OR LESS.
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PROF~O~~~ SUR\-t:YOR AND MAPPER
FLORIDA LICENSE NOÄ L~ 4876
THIS~ DAY OF ~2004.
tfQIE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FiElD SURVEY OF
SECTION 14. BASIS OF BEARING: STATE PLANE
COORDINA TE SYSTEM, fLA. EAST lONE, 'B3/'90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND A SSOCI A lESt INC.
SURVEYING AND MAPPING
3900 COlONIAL BLVD., SUITE of, FORT MYERS, F1.0RIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGGCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAYtN BY: .HW CHEQ(ED BY: J.N.W.
PARCEl DESCRlPlIONI DATE: 8/17/04 SCALE: '"-100' REV: 10/20/04
18' UTILITY EASEMENT IN THE SW 1/4
OF THE NW 1). OF SEC 14-S0-26 PROJECT No: 020901 DWG No:SEC14T-AE(P4) SHEET: 1 OF 1
EXHIBIT_ ,~,_
Page~of ~1· ,
PROJECT lo~1Z I
PARCEL K:)..-:\
FOL 10 (i)~<S Yo OtX1
r~p.O.C. .
NW CORNER OF NORTH UNE OF THE SW 1/4 OF
SEC1l0N 14 c::- THE NW 1/4
SKETCH AND DESCRIPTION
OF AN ACCESS EASEMENT
IN mE SW 1/4 OF mE NW 1/4 OF SECTION 14, TWP 50 S,
RGE 26 E. COLLIER COUNTY, FLORIDA
NORTH UNE SECTION 14 7
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FOLIO NO.:
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KEY:
F.P.&:L-FlORIDA POYÆ:R &: UGHT CO.
R/W - RIGHT-Of-WAY
P.O.B.-POINT Of BEGINNING
P.O.C.-POINT Of COMMENCEMENT
,
155.26'
SB7"J2 04-W
'--SOUTH UNE OF THE SW 1/4 OF
THE NW 1/4
DESCRIPTION OF A PARCEL OF LAND LYING IN THE SOUTHYÆ:ST 1/4 OF THE NORTHWEST 1/4 Of SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA:
COMMÉNCING AT lHE NORTHYÆ:ST CORNER OF SAID SECTION 14, THENCE RUN N8r25'49-E, A DISTANCE OF 1,180.B3
fEET ALONG THE NORlH UNE OF SAID SECTION; lHENCE RUN SOO·49';55-W, A DISTANCE OF 1340.32' FEET ALONG A
UNE THAT RUNS PARAllEL TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORlHYÆ:ST 1/4 TO THE POINT OF
BEGINNING; THENCE RUN N8r2B'57-E, A DISTANCE Of 155.27 FEET ALONG THE NORlH LINE OF SAID SOUlHYÆ:ST
1/4 OF THE NORTHWEST 1/4; llŒNCE RUN SOO·49'35-W, A DISTANCE OF 1340.46 fEET ALONG THE EAST UNE OF
SAID SOUlHYÆ:ST 1/4 Of lHE NORlHWEST 1/4; lHENCE RUN SBr32'04-W, A DISTANCE Of 155.26 fEET ALONG THE
SOUlH UNE Of SAID SOUTHWEST 1/4 Of THE NORlHYÆ:ST 1/4; lHENCE RUN NOO·49'35-E, A DISTANCE OF 1340.32
fEET ALONG A UNE lHAT IS PARAlLEL TO SAID EAST UNE TO lHE POINT OF BEGINNING.
CONTAINING 207.763 SQUARE fEET OR 4.77 ACRES, MORE OR LESS.
J;';'Ë~-;Ïx¿~Ü LB677J)
PR~~R'lEYOR AND MAPPER
FlO~~JUCENSE ð ~876
lHI ---E DAY 0 r' . 2004.
tiQ.I[¡
lHE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A RElD SURVEY Of
SECTION 14. BASIS OF BEARING: STATE PLANE
COORDINA TE SYSTEM, FlA. EAST lONE, 'B3/90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCI A TES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD.. SUiTE.... FORT MYERS. FlORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EM AIL: SURVEYlNGCCOONER.COM
CUENT: GREELEY AND HANSEN. LlC DRAWN BY: .).IW CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 8/17/04 SCALE: 1--100' REV: 10/20/04
AN ACCESS EASEMENT IN THE SW 1/4
Of THE NW 1/4 Of SEC 14-50-26 PROJECT No: 020901 DWG NO:SEC14T-AE(AE4) SHEET: 1 OF 1