Schmidt Easement Agreement
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PROJECT: Tamiami (Golden Gate) Wellfield Sustainability
PROJECT NO.: 700661
FOLIO NO.: 36710560008
EASEMENT AGREEMENT
THIS EASEMENT AGREEM~T (hereinafter referred to as the "Agreement") is made and
entered into on this 2.3 - day of ~~'1 , 20~ by and between
FERN ROBERSON SCHMIDT, a single person, (hereinafter referred to as "Owner"), whose
mailing address is 481 Weber Boulevard North, Naples, Florida, 34120-1637, 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 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 "Property"), which is attached hereto and made a part
of this Agreement; 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 is hereby
mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey the Property via a Utility Easement to Purchaser for the sum of
Twenty-Three Thousand and no/100 Dollars ($23,000.00), 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, 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
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Easement Agreement
Page 2
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 recorded against the land
underlying the Property from the mortgagee. 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. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
...IIN WIT~SS WHEREOF, the ,.Earties hereto have executed this Agreement on this
23?J day of ~" ' 20oy.
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED: 1/25/07
ATTEST:
DWIGHT E. BROCK, Clerk
(1,') . t: Mr;r~ .
c;,\'............... O!~
. (, I . , ~;f) .
'Ii "
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
,
'-'
d~C
",-' Deputy Clerk
Attest I~ to Cha1rman s
S 19oat urt' on 1 y
By:4~ ~
~~ CoU=-JrA ,Chairman
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Easement Agreement
AS TO OWNER:
DATED: I~ /11 /O~
\
- ~ u;:;Lvr,
Fern Roberson Schmidt
~~.
Name: fj<JN5 "? u:;~ e L- <-
(Print or Type)
~nature)
Name:--:S: So- ~\"c.J
(Print or Type)
Approved as to form and
legal sufficiency:
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Page 3
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WEBER BLVD. NORTH
60' RIGHT OF WAY
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