Parcels 859 & 959
PROJECT: SCRWTP RO Expansion to 20 MGD Wellfield Expansion
PARCEL NO.: 959/859
FOLIO: 76885050652
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this ?>rA day of ~ ' 2005, by and between
FIRST CHOICE STORAGE, llC, a Florida IIml ed liability company, (hereinafter
referred to as "Owner"), whose mailing address is 1071 S. Barfield Dr., Marco Island,
FL 34145, 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 "County"), whose mailing address is 3301 East
Tamiami Trail, Naples, Florida 34112;
WHEREAS, County 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, County 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 déscribed 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 County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County 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 an Utility Easement and Access Easement to
County for the sum of $48,260.00 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 County, 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 County on or before the date of
Closing.
3. Closing shall occur within sixty (60) days from the date County executes this
Agreement; provided, however, that County 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 County's enjoyment of the Property. At
EA - UEJAE
Easement Agreement
Page 2
Closing, County shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instruments to County in a form acceptable to County.
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 County against and
from, and to reimburse the County 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 County 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 County 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 County.
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, trllst 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 County, 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.)
EA·UElAE
Easement Agreement
Page 3
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 3~ day of ~ ' 2005.
Date Property acquisition approved by BCC:
AS TO COUNTY:
DATED:~"?' I ¿..DGC)
ATTEST:
DWIGHT E. BROCK, Clerk
......,....
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
BY: '1uJ-W. ~
Fred W. Coyle, Chairman
b _ v ." .C.
:;, -~~" :..... ~~eift lerk
Attt~t '11. .to· ·Cbìí..... ..
Ast1wúriNJ_ï~'
DATED: \~ ~ I :;LaoS
j ( l ,y~ f\ K (7 ('(1 L (::~{t'---J
Witness (Signature)
Name: Susan 1G .9ln.áerson
(Print or Type)
--S \-"Ò-- . ___ \J ~
Witness (Signature)
Name:-su. A~~'\1 V'dlQ~
(Print or Type)
First Choice Storage, LLC, a Florida limited
liability company
,/
// ,,/~ ~/
By: //'d.~ ( . /,:, ~>L--ì
~ I
Gerald I. Goldberg, Managing Member
//.
Approved as to form and
legal sufficiency:
j¡41/~
'.../
Ellen T. Chadwell
Assistant County Attorney
EA-UEJAE
EXHIBIT ·A
Page.,;7l_vf -,- J-
PROJECT '1C>'ß~
PARCEL gsg
FOI.IO~
SKETCH AND DESCRIPTION OF A
15' UTILITY EASEMENT
IN TRACT 11 AND TRACT 8-11, TOllGATE COMMERCIAL CENTER, PHASE 2,
OF SECTION 35, TWP 49 S, RGE 26 E, CO~IER COUNTY, flORIDA
--~~Jd:.0!.~___
JAM N, WlU<ISON (fOR THE fiRM LB677J)
PRO SSlONAL SURVEYOR AND MAPPER
~?:fM-íS.~S~N~4~~~4. THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIA TES. INC.
SURVEYING AND MAPPING
3900 COLONIAL BL W., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EM All: SURVEYlNGOCOONER.COM
CUENT: GREElEY AND HANSEN, LtC DRAWN BY: ~F CHECKED BY: J.N.W.
PARCEl DESCRlPlION:. DAlE: 8/27/04 SCALE: 1"-100' REV: 10-20-04
115' U11UTY EASEMENT IN TRACT 11
T.e.e. PII 2 OF SEe 35-40-2. PROJECT No: 020001 DWG NO:5£e30T-""(P8) SHEET: OF 1
NORm UNE
TRACT 11- ./
,
,
I
'TRACT 17
T.C.C.
I PH. 3
I
,
,
TRACT 14
T.C.C.
Ptt. 2
18
cd
01
It)
FOUO NO,:
76885050652
/
170'
F.P.&L
EASEMENT
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TRACT 12
T.C.C.
Ptt. 2
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---
-
VACATED
TOUlioUSE
DRIVE
---
TRACT
B-II
P.O.B. 155.02'
S89'56'16-W
---
--
15. 0
589"56'16 W
I ,
TRACT 10
T.C.C.
PH. 2
P.O.C.
NE COR.
TRACT 10
DESCRtPTlOth A 15-FOOT STRtP Of LAND
L VlNG IN TRACT 11 AND TRACT 8-11,
TOllGA TE COMMERCIAL CENTER, PUASE
2, AS RECORDED IN PLAT BOOt< 18,
PAGE 24, PUBUC RECORDS Of COWER
COUNTY, flORIDA, DESCRIBED AS
FOllOWS:
COt.tt.tENCING AT THE NORTHEAST
CORNER Of TRAcT 10, SAID TOllGATE
COt.tt.tERCIAL CENTER, PHASE 2" mENCE
RUN Soum 89'56'16- WEST fOR A
DISTANCE OF 155.02 ÆET ALONG THE
SOumERl Y UNE Of SAtD TRACT B-II TO
TIfE POINT Of BEGINNING; TItENCE
CONnNUE SOUTH 89'56"6" WEST FOR A
DISTANCE Of 15.00 fEET TO ll-IE
INTERSEC110N Wlm A SOUTHERLY
EXTENSION Of THE WEST UNE Of SAID
TRACT 11; mENCE RUN NORm
00'46'58" EAST fOR A DISTANCE Of
598.06 FEET ALONG SAID SOUTHERLY
EXTENSION AND SAID WEST UNE Of
TRACT 11 TO THE NORTH UNE Of SAID
TRACT "; THENCE RUN NORm 89'56'16.
EAST FOR A DISTANCE. Of 15.00 fEET
ALONG SAID NORTH UNE; THENCE RUN
SOUTH 00'46'58" WEST fOR A DISTANCE
OF 598.06 fEET ALONG A LINE lHA T IS
15.00 FEET EAST Of (AS MEASURED AT
RIGIfT ANGLES), AND PARAllEL TO, SAID
WEST UNE Of TRACT II, AND
SOUnfERL Y EXTENSION THEREOf, TO THE
POINT Of BEGINNING.
CONTAINING 8969 SQ. fT., OR 0.21
ACRES, MORE OR LESS.
KEX:
COR. - CORNER
f.P.&L-fLORIDA POWER &c UGHT CO.
T.C.C.-TOLLGATE COMMERCIAL CENTER
PH - PHASE
P.O.B. - POINT Of BEGINNING
t:lO.IE;
THE PARCEL BEARING, DISTANCES,
AND AREAS CALCULATED ARE
BASED ON A AELO SURVEY Of
SEcnON J5. BASIS Of BEARING:
STAlE PLANE COORDINATE SYSTEt.t,
fLA. EAST ZONE, '83/90.
EXHIBIT ~_
Page--1-of -~-L
PROJECT ~
PARCEL ðS~
FOL fO ~~Xîf)ï'{"){¡ ~
,
SKETCH AND DESCRIPTION
OF AN ACCESS EASEMENT
IN TRACT 11 AND TRACT B-II, TOLLGATE COMMERCIAL CENTER, PHASE 2,
OF SECTION 35, TWP 49 S, RGE 26 E, COLLIER COUNTY, FLORIDA
NORTH UNE
TRACT 11
L4.I
.
10
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--I ---15' 0 90'
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w- ~
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1
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TRACT 14
T.C.C.
PIt 2
PROPOSED 15'
UTIUTY EASEMENT
FOLIO NO,:
76885050652
TRACT 12
T.C.C.
Plf. 2
---
VACA TED
TOWtOUSE
DRIVE
---
~J~
-- ------~ -------~
J S N, WILKISON (fOR TItE fiRM LB6 77 3)
P OfESSIONAl SURVEYOR AND MAPPER
FlORlijt UCENSE N~, ~S 4876
THIS ~DAY Of~ 2004.
155.02'
N89'56'16-E
L4.1~'
z.....
::11-
U
§~
~
DESCRIPTION¡ A PARCEL lYING IN TRACT
11 AND TRACT B-II, TOllGATE
COMMERCIAL CENTER, PHASE 2, AS
RECORDED IN PLAT BOOK 18, PAGE 24,
PUBUC RECORDS Of COUUER COUNTY,
flORIDA. DESCRIBED AS fOLLOWS:
//
BEGINNING AT TItE NORTItEAST CORf.lER
Of TRACT 10, SAID TOllGATE
COMMERCIAL CENTER, PHASE 2, THENCE
RUN SOUnt 89'56'16" WEST fOR A
DISTANCE Of 155.02 fEET ALONG ntE
SOUfliERl Y LINE OF SAID TRACT B-II¡
ntENCE RUN NORnt 00'46'58- EAST fOR
A DISTANCE OF 598.06 fEET ALONG A
UNE THAT IS 15.00 fEET EAST Of (AS
MEASURED AT RIGHT ANGLES), AND
PARAllEL TO TItE WEST UNE OF TRACT
11 AND ALSO PARAlLEL TO TItE WEST
LINE OF A FLORIDA POWER AND LIGHT
COMPANY EASEMENT TO ntE NORTH UNE
Of SAID TRACT 11¡ THENCE RUN NORTH
89'56'16- EAST fOR A DISTANCE OF
155.02 fEET ALONG SAID NORTH UNE¡
ntENCE RUN SOUTH 00'46'58- WEST FOR
A DISTANCE Of 598.06 fEET ALONG THE
EAST UNE Of SAID TRACT 11 SAID UNE
ALSO BEING ntE EAST LINE OF SAID
flORIDA POWER AND UGIH COMPANY
EASEMENT TO THE POINT Of BEGINNING.
CONTAINING 92,700 SQ. fT., OR 2.13
ACRES, MORE OR LESS . .
~E.ì'::
COR. - CORNER
f.P.del.-FlORIDA POWER & LIGHT CO.
T.C.C.- TOllGA TE COMMERCIAL CENTER
PB - PLAT BOOK
PG - PAGE
PH. - PHASE
P.O.B. - POINT Of BEGINNING
tro1f;
ntE PARCEL BEARING, DISTANCES,
AND AREAS CALCULATED ARE
BASED ON A AElD SURVEY OF
SEcnON 35. BASIS OF BEARING:.
STATE PLANE COORDINATE SYSTEM,
fLA. EAST lONE, '83/'90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIA TES. INC.
SURVEYlNO AND MAPPING
3900 COLONIAL BLVD" SUITE oJ, fORT M'rERS, flORIDA 33912
PHONE: (239)277-0722 fAX: (239)277-7179 EMAIl: SURVEYlNGGCOONER,COM
CUENT: OREElEY AND HANSEH, LLe DR"Y.tI BY: "'F CHECKED BY: J.N.W.
PAACEl DESCRiPtiON: D"1È: 8/27/04 SC"I£' '"-'00' REV,.o 20 O'
ACCESS EASEMENT IN TRACT 11 '. _ _ ~
T.C.C. PH 2 OF SEe 35-49-28 . PRDJECT No: 020901 DWG NO:5£CJ.r_...(....) SHEET: OF 1
. .
TRACT 17
T.C.C.
Pit. J
TRACT 11
T.C.c., PH. 2
PB 18, PG 24
8
cd
0)
&I')
170'
f.P.&L
EASEMENT
-
:I:
10
&I')
~
8
(/)
-'--
TRACT
B-II
S69'56'16-W
155.02'
--
TRACT 10
T.C.C.
Pit. 2
P.O.B.
NE COR.
TRACT 10