Easement Agreement - White Lake Commons PROJECT: I-75/Collier Boulevard Utility Relocation Project
FOLIO: 81790000180
Accepted by BCC pursuant to Resolution 2019-126&CWS Resolution 2019-03
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this „:2 ti 7 day of Q b .c 4-k-- , 2020, by and between
WHITE LAKE COMMONS ASSOCIATION, INC., a Flog da not-for-profit corporation,
whose mailing address is 2180 West SR 434, Suite 5000, Longwood, FL 32779,
(hereinafter referred to as "Owner"), 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
post office address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112.
WHEREAS, County requires a perpetual, non-exclusive easement for utility
facilities and maintenance purposes over, under, upon and across the lands described
in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and
made a part of this Agreement;
WHEREAS, County has requested that Owner grant to the County a temporary
construction easement for the purpose of access, and right to enter over, upon and
across the lands described in Exhibit "B" (said Temporary Construction Easement
hereinafter referred to as the "TCE"), which is attached hereto and made a part of this
Agreement.
WHEREAS, Owner desires to convey the Property and TCE 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
Easement;
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 Easement and grant the TCE to County for the sum of
One Thousand Six Hundred Twenty-Five and 00/100 Dollars ($1,625.00),
payable by County Warrant (said transaction hereinafter referred to as the
"Closing"). Said payment shall be full compensation for the Easement conveyed,
including all landscaping, trees, shrubs, improvements, and fixtures located
Easement Agreement Page 2
thereon, and for any damages resulting to Owner's remaining lands, and for all
other damages in connection with conveyance of said Easement to County.
2. County shall provide to Owner or Owner's Representative at Closing an amount
not to exceed Five Hundred Dollars and 00/100 Dollars ($500.00) allowance
towards the cost of reasonable attorney fees.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Easement, the execution of such
instruments which will remove, release or subordinate such encumbrances from
the Easement 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.
4. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within ninety (90) 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 Easement. At
Closing, County shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instrument to County in a form acceptable to County.
5. 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.
6. Owner represents that the property underlying the Easement, and all uses of the
said 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 underlying the Easement
except as specifically disclosed to the County; that the Owner has no knowledge
of any spill or environmental law violation on the property contiguous to or in the
vicinity of the Easement to be sold to the County, that the Owner has not received
notice and otherwise has no knowledge of: a) any spill on the property underlying
the Easement; b) any existing or threatened environmental lien against the
property underlying the Easement; or c) any lawsuit, proceeding or investigation
regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the property underlying the Easement. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. 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
Easement Agreement Page 3
Owner's representation under Section 5. This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
8. 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 property underlying the Easement from the
mortgagee(s). The cost of a title commitment shall be paid by County.
9. 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.
10. Conveyance of the Easement 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.
11. If the Owner holds the property underlying the Easement 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 underlying the
Easement before the Easement 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.)
12. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 29 day of January , 2020.
Date Easement acquisition approved by BCC: July 9, 2019 Agenda Item # 16C11
AS TO COUNTY:
DATED: ,52,),,2s1;2-OR U
AT T: BOARD OF COUNTVt;OMMISSIONERS
""'`1 4. KINZEL, Clerk COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BOD " OF , COLLIER
r~ ' ' COUNTY AND AS -tX-OFFICIO THE
` GOVERNING BOARD---0.-,THE COLLIER
COUNTY WATER-SBA/EA/DISTRICT •�`
At't s 'as t0agnshiclerk <tliiititst'``,
•trn e only.
for
Approved as to form and legality: BY:
\_C�� • Burt L. Saunders., Chairman
Jennife A. Belpedio,Assi t County Attorney
AS TO OWNER:
DATED : 29 January 2020
/L". WHITE LAKE COMMONS ASSOCIATION,
Witness(Signature) INC., a Florida not-for-profit corporation
Rachael Bender
Name(Print or Type)
St phin Bender, its President
Witness(Signature)
David Bender
Name(Print or Type)
Gd
LEGEND
C.U.E.= COUNTY UTILITY EASEMENT U w CL P
D.E. = DRAINAGE EASEMENT ; d:Z U w
DESC.= DESCRIPTION L_AH BANY ' w m w wo w
FP&L = FLORIDA POWER &L.B.E. = LANDSCAPE BUFFER LIEASEMENT GHT P "I `�T� '� ° 0 LU 6_ F zF Y
OR = OFFICIAL RECORDS BOOK I 1-U&" 0 E yw.
PB = PLAT BOOK ,g Q of�'^'�'q OJ W di -I U?e
PG = PAGE
POB = POINT OF BEGINNING U g 6, a a
POC = POINT OF COMMENCEMENT W'
PUE = PUBLIC UTILITY EASEMENT U
UE = UTILITY EASEMENT _ C� ,
PO ��N89'00'07�E 15.01
DESCRIPTIONCORNERTRACT y._
N89.00'01T s.00'
A TRACT OR PARCEL OF LAND LYING IN TRACT "D" WHITE LAKE _
CORPORATE PARK AS RECORDED IN PLAT BOOK 31, PAGES 26-28,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT IS MORE POB DESC.
PARTICULARLY DESCRIBED AS FOLLOWS: I
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT "D" THENCE v I
N.89'00'01'E, ALONG THE NORTH LINE OF SAID TRACT "0" FOR 15.016
FEET TO THE NORTHEAST CORNER OF A 15 FOOT WIDE COUNTY UTILITY W 2 -I 1
EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 3900, PAGE 'u I
1434, SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE -' Y
HEREIN DESCRIBED PARCEL; -11a I a
THENCE CONTINUE N.89'00'01""E., ALONG SAID NORTH LINE FOR 5.00 • LW
FEET; T 4a"
THENCE S.O0'48'46""W., DEPARTING SAID NORTH LINE FOR 724.82 FEET x I� :1-1:12, c
TO AN INTERSECTION WITH THE SOUTH CURVED BOUNDARY OF SAID 1 I U W0;;
TRACT "D w
THENCE NORTHWESTERLY 5.81 FEET ALONG SAID ARC OF A i- I F-v m
NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2,700.79 a 28g I 5• W
FEET THROUGH A CENTRAL ANGLE OF 00'07'24" AND BEING SUBTENDED 1-
a 0w,
BY A CHORD WHICH BEARS N.58'37'00"W FOR 5.81 FEET TO AN -1 U1n` 1
INTERSECTION WITH THE EAST LINE OF SAID 15 FOOT WIDE COUNTY 1 I n•
UTILITY EASEMENT,. µ1
THENCE N.00'48'46"E. ALONG SAID EAST LINE FOR 721.71 FEET TO THE t ' I ^ n cD
POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; ,ice 3 O
lo
CONTAINING 3,616 SQUARE FEET OR 0.08 ACRES, MORE OR LESS. _,_,k 1 v ?
1n
BEARINGS MENTIONED HEREINABOVE ARE BASED ON THE NORTH LINE --, 1 io 0 N
OF SAID TRACT "0" TO BEAR N.89'00'01'£. 2
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EASEMENT�`
NOTES:
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2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS I
TO ZONING OR DEVELOPMENT RESTRICTIONS ALONG THE N
SUBJECT PARCEL. 10' L.B.E. y1 J
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ARC=5.81'
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SCALE: 1" = 100' CHORD BEARING � g0 0
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SKETCH AND DESCRIPTION DRAWN BY: TJD I
41-
5'WIDE COLLIER COUNTY UTILITY EASEMENT CHECKED BY: OLSO
LYING IN TRACT"D„
JOB CODE: CCU257 rn
WHITE LAKE CORPORATE PARK SCALE: 1"=100' N
PLAT BOOK 31,PAGES 26-28 DATE 12/28/2018
SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST FILE: CCU257
COLLIER COUNTY,FLORIDA 1--- ct
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LEGEND ,,
C.U.E.= COUNTY UTILITY EASEMENT (3 ' w w d '
D.E. = DRAINAGE EASEMENT 0Y f BIT 11 IJ 7 W o- w 114w
DESC.= DESCRIPTION ,` '�^_`"""^ "' 2 ia Y w
FP&L = FLORIDA POWER & LIGHT COMPANY e
L.B.E.= LANDSCAPE BUFFER EASEMENT e 1 _,,of •i...-.-"- ,a 0
OR = OFFICIAL RECORDS BOOK Q O H ~ 0J 0 CO e
PG = PAGE PB = PLAT BOOK 6 F. !pi,...m
POD = POINT OF BEGINNING ZZ aPOC = POINT OF COMMENCEMENT 0
a >
PUE = PUBLIC UTILITY EASEMENT Q--�_---
UE = UTILITY EASEMENT --t----
POC DESC. I N89'00"0 PE
NW CORNER OF I 20.01'
`. — TRACT"Cr -- I — —
DESCRIPTION — —
N89'00'01 E 20.07'
A TRACT OR PARCEL OF LAND LYING IN TRACT 'D" WHITE LAKE POB DESC.
CORPORATE PARK AS RECORDED IN PLAT BOOK 31, PAGES 26-28,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT IS MORE e I
PARTICULARLY DESCRIBED AS FOLLOWS: i-
4' O I
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT "D" THENCE
NORTH 89'00'01" EAST, ALONG THE NORTH LINE OF SAID TRACT "D" I
FOR 20.01 FEET TO THE POINT OF BEGINNING OF THE HEREIN =
DESCRIBED PARCEL; 1`
THENCE CONTINUE NORTH 89'00'01" EAST, ALONG SAID NORTH LINE LT. g e
r
FOR 20.01 FEET; T o
THENCE SOUTH 00'48'46" WEST, DEPARTING SAID NORTH LINE FOR Yd I\ 1-�_O
ga'
737.13 FEET TO AN INTERSECTION WITH THE SOUTH CURVED BOUNDARY CL I p.
OF SAID TRACT 'D
THENCE NORTHWESTERLY 23.16 FEET ALONG THE ARC OF SAID g� 15
NON- CURVE TO THE RIGHT HAVING A RADIUS OF 2,700.79 w gOn I ---5. w-
FEET THROUGH A CENTRAL ANGLE OF 00'29'28" AND BEING SUBTENDED O Ow: I
f
BY A CHORD WHICH BEARS NORTH 58'55'26" WEST FOR 23.16 FEET;
THENCE NORTH 00'48'46"" EAST, DEPARTING SAID SOUTH BOUNDARY OF 5 m I m 03
SAID TRACT "D" FOR 724.82 FEET TO THE POINT OF BEGINNING OF W a I n � 03
THE PARCEL DESCRIBED HEREIN; W ^ 4
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CONTAINING 14,620 SQUARE FEET OR 0.34 ACRES, MORE OR LESS. I v to k.
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BEARINGS MENTIONED HEREINABOVE ARE BASED ON THE NORTH LINE _ a 'o v)
OF SAID TRACT "D" TO BEAR N.89'00'01'E. z b N
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h e a I EASEMENT
NOTES: of o I OR 62114 PG y
1. THIS SKETCH IS NOT A SURVEY.
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TO ZONING OR DEVELOPMENT RESTRICTIONS ALONG THE N
SUBJECT PARCEL. 10' L.B.E.G az_..I .....4
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RADIUS=2700.79' CCQ
0 ARC-23.16' "o,7TF
50' 100' 200' y,
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DELTA-0'29'28" 4'p it
SCALE: 1" = 100 CHORD BEARING T Y4Lce�Fep(i m
N 58'55'26" W s k'h>c�,C�,
CHORD=23.16' RST,q, O7 'w,,9Rp W
'NOTA SURVEY' �S oo
SKETCH AND DESCRIPTION DRAWN BY: TJD I
20'WIDE TEMPORARY CONSTRUCTION EASEMENT CHECKED BY: OLS ,
LYING IN TRACT"D„ JOB CODE: CCU257 -•,-;
WHITE LAKE CORPORATE PARK SCALE: 1"'100' N
PLAT BOOK 31,PAGES 26-28 DATE: 02118/2018
SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST FILE: CCU257
COLLIER COUNTY,FLORIDA cc
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