Easement Agereement Neal Communities of SW FL, LLC - West Parcel ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
WS) 11IA4 jaco6
4. BCC Office Board of County 6� Q
Commissioners •
5. Minutes and Records Clerk of Court's Office
Jtk1s1 I1
<-_()Aid pit / ro ID:5 *
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Deborah Goodaker Phone Number 252-8922
Contact/ Department
Agenda Date Item was 6/9/20 Developer Agreement Agenda Item Number 11-E
Approved by the BCC
Type of Document Easement Agreements(x2) Number of Original 2
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? DKG
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be 2
signed by the Chairman,with the exception of most letters,must be reviewed and signed C1
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board t'1
5. The Chairman's signature line date has been entered as the date of BCC approval of the DKG
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DKG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. N/A
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/9/20 and all changes made during the DKG is not
meeting have been incorporated in the attached document. The County Attorney's ption for
Office has reviewed the changes,if applicable. line.
9. Initials of attorney verifying that the attached document is the version approved by the • is non
BCC,all changes directed by the BCC have been made,and the document is ready for the \, op
Chairman's signature. (I
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
.0%.1.//.>
• '""'� "• Memorandum
FA O RIOP
plc
TO: Minutes & Records Management
FROM: Deborah Goodaker
Property Acquisition Specialist
Real Property Management
DATE: November 24, 2020
RE: NE EXPANSION / HYDE PARK/ Easement Agreements
Please find attached the original Easement Agreement from (1) Hyde Park Land Holdings,
LLC to Collier County; and (2) Neal Communities of Southwest Florida, LLC to Collier
County, to be attested as to Chairman's signature, and filed in your usual manner.
Please file them in a new folder entitled NE Expansion/Hyde Park folder under RPM in the
BMR records and provide a copy of each to us via email.
Kindly contact Debi Goodaker (x8922) if you have any questions or comments.
Thank you.
PROJECT: NE Expansion —West Parcel
Neal Communities of SWFL
FOLIO#:
EASEMENT AGREEMENT
THIS, ASEMENT��A3�REEM NT (hereinafter referred to as the "Agreement") is made and entered into
on this Z day of AJOt/pmbei7 , 20 Zu by and between NEAL COMMUNITIES OF SOUTHWEST
FLORIDA, LLC, a Florida limited liability company (hereinafter referred to as "Owner"), whose mailing address
is 5800 Lakewood Ranch Blvd., Sarasota, FL 34240, and COLLIER COUNTY, a political subdivision of the
State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is
3301 Tamiami Trail East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement to provide water and wastewater
infrastructure 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, Owner desires to convey the Easement 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 Easement;
NOW THEREFORE, in consideration of these premises, the sum of Ten ($10.00) U.S. Dollars, 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 to Purchaser for the sum of Three Hundred Twenty-Two and 50/100
U.S. Dollars ($322.50), 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 thereon, and for any damages resulting
to Owner's remaining lands, and for all other damages in connection with conveyance of said Easement
to Purchaser.
2. 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 Purchaser on or before the date of
Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless 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 Easement. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form
acceptable to Purchaser.
Page 1 of 3
GAO
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 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 Purchaser; 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 Purchaser, 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.
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(s) recorded
against the property underlying the Easement from the mortgagee(s). 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 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.
10. 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 Purchaser, 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.)
Page 2 of 3
C�,O
11. This Agreement Is governed and construed in acoondance with the laws of the State of Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this V3 day of
140\1tAry‘104.Ar- , 2020.
Date Easement acquisition approve() by BCC: 4/97ZC)
AS TO OWNER: NEAL CO IUNITIES OF SOUTHWEST
FLORID LC, a Florida lin ' d liability company
l ' •
it /7
vor
Witness Cigna . nt Name:
Print NarneirOkkC7(147(‘ANeSe"VVI it! James R. Schier V/4'
Jih/17 A
vvition Si9 ature
Print Name: Amy R. Mallon
AS TO Q.kUNTY: t i
DATED: UeC ttrA, fr(' ( )
ATTEST: '‘' .. '., -', BOARD OF COUNTY COMMISSIONERS
Crystal KKinzel, Clerk %.. OF COLLIE COUNTY, FLORIDA
.1. t. :N. •
By:
, ••"*. , )' pu Burt L. Saunders, Chairman
Attdst.1:41iothairman's'
q;.111,7ture only.
I ill
',Approved as to frlfTr7 and fegabsegiatavay"
Jenife :Elelpefin„A s tant County Attnmey
Iti4V kl,
i Page 3 of 3
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H.\201/\201f001\OOUNOA9liS\WINCHfSFFN IAKFS\17001 Oil SPlll Wdwg 10/20/2020 MIS AM 1'l134ed by. RenNo.ell
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CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH
C1 50.00' 63'21'24" 52.52' S 57'59'43" W 55.29'
POINT OF
COMMENCEMENT
NW CORNER SEC 16
LINE BEARING DISTANCE
L1 S 00'19'35" E 12.23'
L2 N 00'50'30" W 39.81'
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o 25 SC
(/)
1„ 50'
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POINT OF N 89'40'25" E 250.11' r—
BEGINNING , + •
S 89'40'25" W 96.33'
1 S 89'40'25" W 108.73'
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN
SO0'50'30"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 FOR A DISTANCE OF 429.91 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N89'40'25"E FOR A DISTANCE OF 250.11 FEET; THENCE RUN
SO0'19'35"E FOR A DISTANCE OF 12.23 FEET; THENCE RUN S89'40'25"W FOR A DISTANCE OF 96.33 FEET, TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 63'21'24" AND
BEING SUBTENDED BY A CHORD OF 52.52 FEET AT A BEARING OF S57'59'43"W, FOR AN ARC LENGTH OF 55.29 FEET TO THE END OF SAID
CURVE; THENCE RUN S89'40'25"W FOR A DISTANCE OF 108.73 FEET TO A POINT ON SAID WEST LINE OF THE NORTHWEST QUARTER; THENCE
RUN N00'50'30"W ALONG SAID WEST LINEFOR A DISTANCE OF 39.81 FEET, TO THE POINT OF BEGINNING. CONTAINING 6412.25 SQUARE FEET,
MORE OR LESS
111111
HOLE MONTES, INC. d
°��1` �••••
CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 `,\Z :`fit 5° N"�e' yEXHIBIT _ "`•
Dig"ally signed by MTMnus MMurphy _ $629
,terI` T' p ON'.tn.Thomas M Mwphy.o-nn ,o., PAGE a OF�4
/1jy kw,wWl=tamnurphyaTnmepsom �'• STATE OF
�,os',FLORIDA_•
Date.2020.10.2010.2442.0490 LS5628 • ,,sP�o••''•.. ...••• ,
THOMAS M. MURPHY STATE OF FLORIDA %,�o/5u..... ,�p,`d```
DRAWN BY DA1L: 950 Encore Way DRAW'NC NO
BEN 10/2020 H-1216-1w
Naples, FL. 34110 SKETCH AND LEGAL
SHEET P OF SHEET Phone: (239) 254-2000 PROJECT NO
1HOLE MONTES Florida Certificate of CUE HYDE PARK EASEMENT - WEST 2020.619
SEC-1WN-RCE: MEE�rtueEas � I it F NAVE
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16-48S-28E Authorization No.1772 Nor A SURVCY MCI Cut,„p•pi