Parcel 17T
PROJECT: Collier Boulevard Water Main Project 70151/70152
PARCEL: 17T
FOLIO: 26123000026
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this b ~ day of
t)' "-'1 ' 2006 by and between Homes of Islandia Homeowner's
Association, Inc., (hereinafter referred to as "Owner"), whose mailing address is 4443
Club Estates Drive, Naples, FL 34112, 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 Tamiami Trail East, Naples, Florida
34112;
WHEREAS, Purchaser requires a Temporary Construction Easement over, under,
upon and across the lands described in Exhibit "A", which is attached hereto and made
a part of this Agreement, (hereinafter referred to as the "Property") for temporary
construction of utility facilities; and
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property via a Temporary Construction Easement to
Purchaser for the sum of $4,400.00, 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, expert witness fees and costs as provided by Chapter 73,
Florida Statutes.
2. Closing shall occur within sixty (60) days of the execution of this Agreement by
Purchaser. At closing, Owner shall deliver the conveyance instruments to Purchaser in
a form acceptable to Purchaser and Purchaser shall deliver the County Warrant to
Owner.
3. Owner agrees to convey the Property for the purpose of constructing utility
facilities in the area. The Temporary Construction Easement shall expire upon
completion of the construction of the utility facilities in the area or on December 31,
2009, whichever occurs first. Purchaser shall restore the surface of the Property after
construction has been completed.
4. Owner is aware of 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 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 conveyed to 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.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and shall 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 Temporary Construction
Easement 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, if any, for any curative instruments shall be borne and paid
by Owner. 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 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 herein; 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 of 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 Temporary
Construction Easement Agreement on this (" day of \=.~~ ,2006.
,
Date Property acquisition approved by BCC: May 24, 2005
Resolution No.: 2005-200/CWS 2005-03
AS TO PURCHASER:
DATED: ? - l Q - co l..,
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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
ATTEST:
DWIGHT E. BROCK, Clerk
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BY: c.:::--"<:- ~::? ,/
Mank Halas, Chairman
Attest IS 1t;jIjlttls
attubn only.
AS TO OWNER:
DATED: ?Irorr,)(,
BY.
(Name,Presi
-)~ .'J ~ tt.L
Witness (Signature)
Name:V~,-t1 free L-,
(Print or Type)
o l~& iQ ~..:> ,eu.
Witness (Signature)
Name: C'.. 'O-v..(\~a.. \\'()\~'"
(Print or Type)
~~;h y. g<'"~~\""'d 5
(Print Na e)
4443 Club Estates Drive
Naples, FL 34112
Approved as to form and
legal sufficiency:
k 0,2 CL4~1
~Ellen T. Chadwell
Assistant County Attorney
EXHIBIT A
Page \ of a
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70/ (;"" I r
PROJECT 701 ~;J.
PARCEL 17. T
FOLIO ;z, 6/,,?3c:>ooo;2.fo
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (17.T)
LYING IN TRACT "A", THE CLUB ESTATES A SUBDIVISION PER
PLAT BOOK 31, PAGE 78, SECTION 10, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
KEY:
C.R.-COUNTY ROAD
R/W - RIGHT-OF-WAY
O.R. - OmCIAL RECORDS BOOKjPAGE
P.O.B.-POINT OF BEGINNING
P.O. C.-POINT OF COMMENCEMENT
NO.-NUMBER
DA-DELTA ANGLE
R-RADIUS
L-LENGTH
CB-CHORO BEARING
C-CHORD DISTANCE
HQ1E;
i.THE PARCEL BEARING,
DISTANCES, AND AREAS
CALCULATED ARE BASED ON A
fiELD SURVEY. BASIS OF
BEARING:' STATE PLANE
COORDINATE SYSTEM, FLA. EAST
ZONE, '83/'90.
FOLIO NO.:
26123000026
DA-36'52'lO"
R-50.00'
L-32.17'
CB-N17'35'23"W
C-31.62'
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S UNE THE CLUB ESTATES
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER,COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPTION: DATE: 03/14/05 SCALE: 1"-20'
;:tEMpt'CONSTRUCllON EASEMENT IN TRACT
'~A"i'lHE CLUB ESTATES SEC. 10-50-26 PROJECT No: 030705W.A
'----L
DARREN TOWNSEND (FOR THE fiRM LB677,3)
PROfESSIONAL SURVEYOR AND MAPPER .
fLORl~ .t:lCENSE NO. LS IJl476~
THIS ~ DAY Of --DAfL_ , 2005.
.:"
P.O.C.
NOT VAUD WITHOUT
DESCRIPTION ON SHEET 2 OF 2
DWG NO:030705WA-ESIof
REV:
SHEET: 1 OF 2
EXHIBIT A
Page d- of rl..
PROJECT 7o{ n -r- )Og;;..
PARCEL 17, r
FOLIO 2b/;Uo:>ooRC:.
TEMPORARY CONSTRUCTION
EASEMENT (DURATION: 3 YEARS
FROM COMMENCEMENT OF
CONSTRUCTION)
SKETCH AND DESCRIPTION OF A
TEMPORARY CONSTRUCTION EASEMENT (17. T)
LYING IN TRACT "A", THE CLUB ESTATES A SUBDIVISION PER
PLAT BOOK 31, PAGE 78, SECTION 10, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
DESCRIP110N OF A 10-FooT WIDE TEMPORARY CONSTRUC110N EASEMENT LYING IN TRACT "A" OF THE CLUB
ESTATES SUBDIIIISION AS RECORDED IN PLAT BOOK 31, PAGE 78: SEC110N 10, TOWNSHIP SO SOUTH, RANGE
26 EAST, COLUER COUNTY, FLORIDA:
COMMENCE AT INTERSEC110N OF THE SOUTH UNE OF SAID SUBDIIIISION AND THE WESTERLY RIGHT-OF-WAY
UNE Of COUNTY ROAD 9S1; THENCE RUN NOO'SO'44"E, A DISTANCE OF 609.S9 fEET ALONG SAID WESTERLY
UNE TO THE SOUTH UNE OF SAID TRACT AND THE POINT OF BEGINNING: SAID POINT ALSO BEING THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAiliNG A DELTA ANGLE OF 36'S2'10", A RADIUS OF
50.00 fEET, A CHORD BEARING OF N17'3S'23"W AND A CHORD DISTANCE OF 31.62 fEET; THENCE ALONG
THE ARC OF SAID CURVE TO THE LEfT AND SAID SOUTH UNE A DISTANCE OF 32.17 fEET: THENCE RUN N
OO'SO'44"E, A DISTANCE Of 140.00 fEET TO THE NORTH UNE Of SAID TRACT AND THE BEGINNING OF A
CURVE CONCAVE NORTHWESTERLY HAiliNG A DELTA ANGLE OF 36'S2'07", A RADIUS Of 50.00 fEET, A "
CHORD BEARING OF N19i6'SO"E AND A CHORD DISTANCE OF 31.62 FEET; THENCE ALONG THE ARC OF SAID
CURVE TO THE LEfT AND SAID NORTH UNE A DISTANCE OF 32.17 fEET TO SAID WESTERLY RIGHT-OF-WAY
UNE: THENCE ALONG SAID WESTERLY UNE SOO'SO'44"W, A DISTANCE Of 200.00 fEET TO THE POINT OF
BEGINNING.
CONTAINING 1,591 SQUARE fEET OR 0.04 ACRES, MORE OR LESS.
/
~~\~~~~ lW1;O~T SKETCH'" SIGNATURE THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY, AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: ' DATE: 03/09/0S SCALE: N/A REV:
TEMP, CONSTRUCl1ON EASEMENT IN TRACT "
"A",'THE CLUB ESTATES'SEC;1O~50-26 PROJECT No: 03070SW.A DWG NO:030705WA-ESIA SHEET: 2 Of 2