Easement Agereement Hyde Park Land Holdings, LLC - East Parcel PROJECT: NE Expansion — East Parcel
Hyde Park Land Holdings
FOLIO#:
EASEMENT AGREEMENT
THIS. -ASEMENT MBREEKNT (hereinafter referred to as the "Agreement") is made and entered into
on this OH day of NovemeQv , 20 Z-0 by and between HYDE PARK LAND HOLDINGS, 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 Ninety-Eight Thousand Nine Hundred
U.S. Dollars ($98,900.00), 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 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
(1.0)
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.)
11. This Agreement is governed and construed in accordance with the laws of the State of Florida.
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0i
IN WITNESS WI 1E1-?E0F, the parties hereto have executed this Agreement on this 10, day of
Nov eArvItoeAr , 2021
Uate Easement acquisition approved by BCC: 679(
AS TO OWNE HYDE PARK AND HOLDINGS, I C,
a Florida li d liability COM ny
By:
V6fr1ess Si ure
Pint e: James R. Schier
Pr nt N 2ime: C3e,C7rikket3e4On
Its: Manager
\YA1)/1/ Lii(Witness Si /1)g, ture
Pnt NAM :
Amy R.Mallon
AS TO COUNTY: .
DATED:Tectlygi)Or 90N)
ATTEST. , 110Af-M 01: COUNTY COMMISSIONERS
Crystal K. Kiniel, Clerk OF COLLIER COUNTY, FLORIDA
By:
,
stto
Burt L. Saunders, Chairman
e Chairman's ePu
;r•ri.,fltro nnIv.
'Apgrovod os to rom orrO for401fffr”ay"
Jenifer A. Betpedio,Ass ant CoLnty Attorney
Page 3 of 3
I,\201,2017001\50UNQ/Nk5\InNCMcSrER UKES\I1C(!I CUE SPUEA,q 10/20/2020 9:J7:2J AY PbUra by:&No.Hl e Xtl•8-T T r./; t 1
MATCHLINE SEE RIGHT BELOW CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH
_ _ _ C1 82.82' 44'22'24" 62.55' N 56'08'54" E 64.14'
C2 50.00' 11'15'00" 9.80' N 83'57'36" E 9.82'
C3 50.00' 11'15'00" 9.80' S 83'57'36" W 9,82
L4 C4 50.00' 79'10'36" 63.73' S 38'44'48" W 69.09'
" I.ASI IINE NC GUARDER SEC '6
LINE BEARING DISTANCE
L1 S 00'50.30" E 129.30'
L2 N 33'57'41" E 55.35'
L3 , N 78'20'19" E 65.05'
Z L4 S 01'27'20" E 34.51'
L5 S 78'29'00" W 78.00'
L6 S 89'44'00" W 74.15'
bC) ;p7 L7 N 79'01'00" W 78.00'
LB S 00'19'35" E 30.00'
L9 S 89'35'06" W 20.00'
1' 300' L10 N 00'19'35" W 30.00'
L11 S 89'35'O6" W 64.26'
L12 S 78'20'06" W 54.69'
L13 S 00'50'30' E 298.94'
L14 S 89'40'25" W 50.00'
L15 N 00'50'30" W 300.61'
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:
it
7 COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE
EyIl1lal
28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SO0'50'30"E ALONG THE WEST LINE
T! _ ;
OF THE NORTHWEST QUARTER OF SAID SECTION 16 FOR A DISTANCE OF 129.30 FEET TO
i ?PAGE / ; THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
• $ N33'57'41"E FOR A DISTANCE OF 55.35 FEET, TO THE BEGINNING OF A TANGENTIAL
: CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.82
m $ g FEET, THROUGH A CENTRAL ANGLE OF 44'22'24" AND BEING SUBTENDED BY A CHORD
" I. N OF 62.55 FEET AT A BEARING OF N56'08'54"E, FOR AN ARC LENGTH OF 64.14 FEET TO
S g a THE END OF SAID CURVE; THENCE RUN N78'20'19"E FOR A DISTANCE OF 65.05 FEET,
( s TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO
z
0 THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 11'15'00"
La AND BEING SUBTENDED BY A CHORD OF 9.80 FEET AT A BEARING OF N83'57'36"E, FOR
S AN ARC LENGTH OF 9.82 FEET TO THE END OF SAID CURVE; THENCE RUN N89'35'06"E
'S FOR A DISTANCE OF 2482.21 FEET; THENCE RUN N89'44'00"E FOR A DISTANCE OF
4 2642.98 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID
z SECTION 16; THENCE RUN SO1'27'20"E ALONG SAID EAST LINE FOR A DISTANCE OF 34.51
FEET; THENCE RUN S89'44'00"W FOR A DISTANCE OF 1894.12 FEET; THENCE RUN
S78'29'00"W FOR A DISTANCE OF 78.00 FEET; THENCE RUN S89'44'00"W FOR A
DISTANCE OF 74.15 FEET; THENCE RUN N79'01'00"W FOR A DISTANCE OF 78.00 FEET;
THENCE RUN S89'44'00"W FOR A DISTANCE OF 522.39 FEET; THENCE RUN S89'35'06"W
FOR A DISTANCE OF 2401.26 FEET; THENCE RUN S00'19'35"E FOR A DISTANCE OF 30.00
FEET; THENCE RUN S89'35'06"W FOR A DISTANCE OF 20.00 FEET; THENCE RUN
NO0'19'35"W FOR A DISTANCE OF 30.00 FEET; THENCE RUN S89'35'06"W FOR A
DISTANCE OF 64.26 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 11'15'00" AND BEING SUBTENDED BY A CHORD OF 9.80 FEET AT A
51 BEARING OF S83'57'36"W, FOR AN ARC LENGTH OF 9.82 FEET TO THE END OF SAID
5 CURVE; THENCE RUN S78'20'O6'\1 FOR A DISTANCE OF 54.69 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 79'10'36" AND BEING
SUBTENDED BY A CHORD OF 63.73 FEET AT A BEARING OF S38'44'48"W, FOR AN ARC
\ LENGTH OF 69.09 FEET TO THE END OF SAID CURVE; THENCE RUN SOO'50'30"E FOR A
DISTANCE OF 298.94 FEET; THENCE RUN S89'40'25"W FOR A DISTANCE OF 50.00 FEET
LB - n TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16;
L16 P, THENCE RUN NO0'50'30"W ALONG SAID WEST LINE FOR A DISTANCE OF 300.61 FEET, TO
J \ ; THE POINT OF BEGINNING. CONTAINING 4.6 ACRES, MORE OR LESS. """"",,,,,,,
L13 •
g HOLE MONTES, INC. �``o,,W,,% A�'�-,
x '`. ��o �iQ^: Ste',
j L15 m CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 it "' 5626
N, WEST LINE NW QUARTER SEC 16PO = 2
BEGINNING NT OF NG (BASIS OF BEARING) H 3 a°; STATE OF . ,
POINT OF ` w�, :,w"a'. .;,:,w„",�.w -ios '•.FLORIDA.:'‘,:
COMMENCEMENTquo BY _ . ram, r. . -q.� LS5628 ''.o�oy ......... 'co, �,
NW CORNER SEC 16 "
MATCHLINE SEE LEFT ABOVt THOMAS M. MURPHY STATE OF FLORIDA ��"'',,,,,,,;;,eyQ,,,,,
DRAWN BY DATE: 950 Encore Way DRAWING NO.
BEN ,o/zo2o Naples, FL. 34110 SKETCH AND LEGAL H-1216-1E
SHEET 1 OF SHEET2 Phone: (239) 254-2000 PROJECT NO.
HOLE MONTES Florida Certificate of
CUE HYDE PARK EASEMENT - EAST 2020.619
S C IWN-ACE.: e q g qp de Authorization No.1 772 Ell.E NAME
16-48S-28E NOT A SURVEY