Keefer Easement Agreement
PROJECT: Tamiami (Golden Gate) Wellfield Sustainability
PROJECT NO.: 700661
FOLIO NO.: 36760680006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this 37m day of ~bgJlU~ (LV , 2007, by and between
DAVID KEEFER AND DEEATRA MARTIN-KEEFER, hus6and and wife, as tenants by the
entireties (hereinafter referred to as "Owners"), whose mailing address is 3898 1 st Avenue SW,
Naples, Florida, 34117-3000, 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, Owners desire 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 Owners 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. Owners shall convey the Property via a Utility Easement to Purchaser for the sum of
Twenty-Five Thousand, Five Hundred and no/100 Dollars ($25,500.00), 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
Owners' 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, Owners 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. Owners 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 Owners and Owners shall deliver the conveyance
instruments to Purchaser in a form acceptable to Purchaser.
4. Owners are aware and understand 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. Owners represent 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 Owners have 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 Owners have not received notice and otherwise has
EA-UE
Easement Agreement
Page 2
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. Owners 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 Owners' 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 Owners. Owners 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. Purchaser will insure the integrity of the Owners' fence before, during and after
construction so that Owners' pets are contained within the fence at all times. In addition,
Purchaser agrees to cooperate with Owner in an effort to minimize the visual impact of
the proposed utility and access improvements. These provisions shall survive Closing and
are not deemed satisfied by conveyance of title.
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 Property by Owners 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. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
EA-UE
Easement Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
J.71H day of (eB2.t4~p..,V ,2007.
I
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED: .;2/;1. i 107
ATTEST:
DWIGHT E. BROCK, Clerk
.' ,I . ~',t:~/(/)
.'
~: ~ mOc.
'. ',' '. . u Clerk
..:Attnt, IS to ,..... ,
Itllltflre oa1 ·
AS TO OWNER:
DATED: 1110/07
~
N me: HIiJ;S f2-()'~~LL
rint or Type)
~9/7 ------
Witness (Signature)
me: t/!4I-JS \Zv-SS'EZ.t.-
r' or Type)
Approved as to form and
... legal sufficiency:
EA-UE
...,0I1lll'l/
BOARD OF COUNTY COMMISSIONERS "
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY 01= COLLIER :
COUNTY AND AS EX-OFEICIO THE
GOVERNING BOARD OFfHEiCOLLlER
COUNTY WATER-SEWER'PISTRICT
"
....
'.
./
"
,....>.
"
.' '.,\\
",."".'
jlll"
BY:
J
~
r' 1/
EXHIBIT A
~a~~ , of I
.., n 0 .., '" ~
~ I ~ P M
'" Vl .... Z
0 n 0 ~ '!:
" ~
CD '" '" ~ ::t
0 0 !? n N
0 :0 ~ !"
~ "
" "- ~
"- n
-0 '"
e; ~
'" n C.R. 951
C) I a
!;\ ?>
C) .
", '"
I ~ ..
;,:; a
~ ~ ~
,'" ~ V> "
" ~ ~ ~ :c
g; '" if
C) :::! '" :<> ~
0> ~
;;- 100' CANAL RIGHT OF WAY
v>
c:
~ ~ ~ 0 ~
~ 't
'" CO
'" '" '" g:
;::;
> n
n
'1l ;"
"to APPROXIMATE TOP OF BANK
;0 :;:
~ u ?>
~
c::> 0
~
30,00'
/
H
I
i
I
~ '
td~
If i ~
ill '-I.
n~ I it
" i ~
ii,' if
, ...
I I
I
I
n ~ :: ~
~ -.
'"
'" II ~,
'"
~ .. 8
"1
... '"
~
~ .... n
:::; r
.., r i'i
j;; ~ z
::'
P
)l;
'Il
..,
~~ ~
! ~~ V) 3::
~ Cl8~ ~:o
~ 5 ~- ~
? '....~ () 0
8 )l;~~:r: ~
~ ~~:::> ~
C) ""'~ [11
~ ~..;:ii10:::o
C)
~~~o R<>
;;; <::> ",fTl
'Il~~Vj :>
<: (") .....
8~"':::o ()
g ~"'1::O ~
.=< ", :::j",
:>1~ a
0"'1 ~:::;
~:!!lJ) <...
~ i1~ 0
..., ~
I ..,
~ ...
~
(") en Vl{")-"1JiP:~6
~ f-< ~~~~~~",~
5 ~ ~~~'J-t:t~
~ ~ -l~' t.O:i:l.OVlI
;;::: col Q~ ',,' ~;;
~ ~l ~@ ~~~~
:>> <: I"" ",-"
~ 01 ~f; ~:Z:r-<
C) ~. ~~ ~~"'i!i
~ gJ "Vl Vl 'il ;;::: <: '1!:
~ .<:1 :>>;c o",'il'"
a ~~ V1~:r~
:z 01 ", ~~c..'"
.... iCi 01'il ,,01~~
::;;1 31,... ~c~~
....1 "", _:Z
I --ti ';ti::;-;:r
~ i ~ ",'" i!i'"
~I Vl 8"tl'1!:
I 0 :zS;:01
I -" ::<-<-<
I ~ . OJ-
I" 0"-
I 0 0'"
I ~ "'0
o .-A.-"
EX;
I
'"
c..
2
5
[1'1~
<=v;
~-;
~~
~~
~~
~~
"!
~
~
M
~
...,
500'31'27"E
60,00'
0')
q
-..
~I~
~ ~
~
~
-<:
Y>
~
-...
C::~
~
-;
~
:t
(j)
(j)
V)O. ....C)(")c:O("')..-i.OJ-t.C)
c:~:z:>>"'0:Z-":>> i!i ",~ ",
~~o~~'il::;1Jn~~~~"~~
~ iE -t >Jj C,:) -A. b. c: '". ~ f"T1 "'J -... b: ;:0
or-~~8~' ~~)l;~~:Z<:~~
~;"r-" -<~o""~ -8. C)
:>>eo-<""'~-"O" ~~C)Vla
~~~~gV)~-l~~ ~~~~~
o-o:zVio;t)~ :>>"'O~Vl
it: :r-<"''''-''),;'''OJ ~'i",'"
)>VlO~-<,.., "cn~ "''1!::Zcn
~~~"JVl.;c~:C;~ - "c;
",r- "'Vi :..:"'",:z :z :l>",
"'0:r~;;:::52~' <::>0 -., "'10
""...,8 iC , ~8oo :s ",0
PVl P1"r-:Zli; Vl<:
:-rlC) ~~~h~ ~ i!:r
5~ -l):a;<:""1~ CJ M/"11
~.., ",;;:::C)i'i;..., Vl
~~ ~"tl)>5Vl ~ c:~
", "'S;:;;::: P " :ZVl
r-~ . V1<: ~ ::;-t
C)<: Cl:l<:Cl~o ~ ...c:
"'0 c.. '""';;;.:>> Vl . <:
~-l ~ ~~~ r"1
8i!i <0 01 e; Q
~'
~
-;
~
~
~
-. -
- __ / SCALE: 1"
40'
-1~
~l/)
()-1
-1
-..
-..~
-41'0
WEBER BLVD.
60' RIGHT OF WAY
J