Agenda 12/08/2020 Item #16C 1 (Easement Agreement w/DH Squared Properties, LLC for a Utility Easement)12/08/2020
EXECUTIVE SUMMARY
Recommendation to approve the Easement Agreement with DH SQUARED PROPERTIES, LLC, a
Florida limited liability company, at a cost not to exceed $3,000 for the acquisition of a Utility
Easement for proposed water and wastewater infrastructure improvements, (Project No. 70240).
OBJECTIVE: To purchase a utility easement which will provide safer and uncomplicated access for
existing Pump Station 308.10, in Basin 305. The pump station is located at the northwest corner of the
office building parking lot at 2500 Airport Rd South, between Davis and Tamiami Trail East, shown in
the attached aerial view. The public purpose is to bring outdated or inadequate utility infrastructure into
compliance with current county standards while meeting the demand for service, improving reliability,
protecting public safety, and providing proactive environmental protection.
CONSIDERATIONS: A perpetual, non-exclusive utility easement is necessary. The Sellers are willing
to grant additional easement space for wastewater service to Collier County Water Sewer District at the
cost of its appraised value.
Real Property Management’s in-house Real Estate Appraiser has determined the fair market value of the
property to be $2,475. A copy of said Appraisal and a Location Map is attached for reference.
FISCAL IMPACT: The total outlay should not exceed $3,000 ($2,475 for the utility easement and
approximately $525 for title commitment, title policy and recording of documents). Funding is available
in and is consistent with the FY20-21 Capital Budget approved by the Collier County Board of County
Commissioners (Board) on September 17, 2020. The source of funding is Wastewater User Fees. Funds
are available in Wastewater Capital Fund (414), Project 70240.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for any Board action - JAB
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board:
1. Approves and accepts the attached Easement Agreement and Utility Easement with Sellers;
2. Authorizes the Chairman to execute the Easement Agreement with Sellers, and any and all other
County Attorney’s Office approved documents related to this transaction once they have been
approved by the County Attorney’s Office;
3. Authorizes the County Manager or his designee to prepare related vouchers and Warrants for
payment;
4. Directs the County Manager or his designee to proceed to acquire this easement, to follow all
appropriate closing procedures, to record the Utility Easement and any and all necessary
documents to obtain clear title of the easement and to take all reasonable steps necessary to
ensure performance under the Easement Agreement.
Prepared by: Deborah Goodaker, Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. 060420 Appraisal (PDF)
2. Easement Agreement (PDF)
16.C.1
Packet Pg. 2343
12/08/2020
3. Aerial View of PS 308.10 (PDF)
16.C.1
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12/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doc ID: 14021
Item Summary: Recommendation to approve the Easement Agreement with DH SQUARED
PROPERTIES, LLC, a Florida limited liability company, at a cost not to exceed $3,000 for the
acquisition of a Utility Easement for proposed water and wastewater infrastructure improvements,
(Project No. 70240).
Meeting Date: 12/08/2020
Prepared by:
Title: Property Acquisition Specialist – Facilities Management
Name: Deborah Goodaker
10/23/2020 1:47 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
10/23/2020 1:47 PM
Approved By:
Review:
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 10/23/2020 1:58 PM
Facilities Management Toni Mott Additional Reviewer Completed 10/23/2020 2:10 PM
Facilities Management Damon Grant Director - Facilities Completed 10/23/2020 3:18 PM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 10/23/2020 4:24 PM
Public Utilities Planning and Project Management Deborah Goodaker Additional Reviewer Skipped 10/26/2020 10:16 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 10/28/2020 8:03 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 10/28/2020 11:51 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 10/29/2020 12:29 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/04/2020 8:37 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/04/2020 8:47 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/04/2020 8:54 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/12/2020 4:29 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/25/2020 2:11 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
16.C.1
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61842200007 Site
Address 25OO AIRPORT RD S Site City NAptEg Site Zone trl 1,
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-PHEPARED FOR AND PROPEBTY OF
JOLLIEB COUNTY BOARD OF COMMISSIONEF
HELIANCE UPON APPRAISAL FOR OTHEF
USES IS NOT WARFANTEO
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Packet Pg. 2346 Attachment: 060420 Appraisal (14021 : PS 308.10 Utility Easement)
Subject property and legal description
Name / Address SQUARED PROPERTIES L
1441 RIDGE Sr
N G + T C L FNO 2 S 3OOFT OF N 8OOFT OF LOT 124, LESS R/W
Easement lesal descri ption and Sketch
LEGAL DESCRIP7,ON
B.9ing o porllon o! Lot -124 of Noqlgs Crove ond Truck Co's Little Forms No. 2 os recorded in the plotthere of in Plot Book 1 o-t..Poge 27 of the Public Records of Collier Counf4 Florido. Being moreporticulorly described os follows.
COHMENCING of the northwesterly corner of those londs described in Officiol Records Book 3874 of poge
2772 of the Public Records of Collier County, Florido; thence run South OO'11'21- Eost, olong the westertyline of those londs described in Officiol Records Book 3874 of Poge 2772 of the Public Rec6rds of Coili|r
Qounty, Floridq, for o distonce of 22.0O feet; thence run North 89'4E'39' Eost, for o distonce ot lO.O0feet to ifs rntersection with thc eost line of those londs described in Officiol Records Book ll72 ot poge
1557 ot the Public Records of Collier County, Ftorido ond the POINT OF BEGINNING. theice run North -
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'2!'..Yles],,..olong the westerly tine of those londs described in Officiot Records Book 1172 ot poge
1557 of the Public Records of Collier County, Florido, for o distonce of 12.O0 feet to its rntersecfion'witnthe southerly line of those londs described in Exhibit "B" of the in Officiol Records Book 1166 ot poges
J26 thro.ugh 3!9 of- the Public Records of Collier County, Ftorido; thence run North gg.S7'2J, Eost, olongthe southerty line of soid londs described os Exhibit "B';, for o distonce of 16.O0 feet; thence run'Souti00'11'21'Eost, for o distonce of 12.00 feet; thence run South Eg'57'23'West, for o distonce of 16.0Ofeet to the POINT OF BECINNINC.
Contoining 192.OO squore feet or 0.0O4 ocres more or less.
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PREPARED FOR AND PROPERTY OF
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RELIANCE UPON APPRAISAL FOR OTHEP
USES IS NOT WARRANTED
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16.C.1.a
Packet Pg. 2347 Attachment: 060420 Appraisal (14021 : PS 308.10 Utility Easement)
Ihis appraisal report is sublecl to fie following scope of wofl( intended use. lfiend€d user, dofnition of markel value.
statement of assumplions and lir*ting cooditions, and certificatons. Modmcatons, additions, or delelions lo fie intended
use. intended user. definition of mafiet value. or assumptions and lamfing conditions are not permited lhe appratser may
expand the scope of work to include any. additional research or analysis necessary based on the complexity ol fiis appraisal
assignmeflt. Modilicatons or dele'tions b fie certifications are also not permitted.
'
HowB/er, addrlionel ienifiat ons ttra bo
not consttute malerial alteratons to this appraisal report, such as fiose required by law or fiose related to fie appraisers
cortinuing educaton or membership in an appraisal organizdion, are permitted.
Ii{IENDO USE: TtE intended use of fiis eppraisal repon is lor the lendericliem to evaluate fie property $at is fie
sub,ed of fiis appnisal fo( a mortgage finance transaction.
IEHilm0il 0F iIIARKET VAI-UE: The most probaDle pnce wiich a property should bring in a compe4itive and open
market under all condilions requisite to a larr sale, tie buyer and seller, each acting prudenty, knowledgeably and assuming
he price is not affected by undue slimulus. lmplicit in fiis defnition is $e consummaton of a sale as of a specified dae andfie passing o, tie from seller to buyel under conditions whereby. (1) buyer and seller are typcally motivated; (2) botl
parues are well informed 0r well advised, and each acting in what he or she consaders his or her own best interest; (3) a
reasonable time is allowed tor exposure in tfie open market; (4) paymem is made in terms of cash in U. S. dollan or'iir terms0f fnancial anangemeflts comparable thereb; and (5) lhe price represents $e normal considention for $e property sold
unafiected by special or crea'live finaflcing or sales concessions' gramed by anyone associated wim fie sale.
The use and users of the appraisal report is the BCC and the PU D Division, also any other use of this report is
not warranted. The appraisal report is for easement valuation, which means the proposed new easement
may co-exist with other known easements of record.
SC0PE oFWoRK: Ihe scope ol work for this appraisal is defined by tre complexity of fiis appnisal assignmenl and the
reporting requiremems o, this appraisal leport form. including the following detnilion of market value. statemert of
assumptions and limrling conditjons, and certifications. The app{aiser musl at a minimum. (1) perform a complete visual
inspection of the interior and exteior areas of fie subject property, (2) inspect tre neignbortio6d, (3) inspecl eich of tre
comparable sales from at least $e sfeet. (4) research, venfy, and analyze dda lrom reliable public and/or pnvate sources.
and (5) report his or her analysis. opinions, and conclusions in $is apprasal report.
PREPARED FOR AND PEOPERTY OF
.OLLIER COUNTY BOARD OF COMMISSIONERS
RELIANCE UPON APPFAISAL FOR OTHER
u6E6 t! I'l0T wAaFANrrD
|]{IENDED USER: the intended user ol his apprajsal report is the lender,client.
16.C.1.a
Packet Pg. 2348 Attachment: 060420 Appraisal (14021 : PS 308.10 Utility Easement)
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}IAPtES AREA REAI. ESTATE ACTIVITY
Februily 2@O cfiparcd wih Fshrusy 209 Farcelt Eporting rdng t(lrff fgw€s)
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OOLLIER COUNTY BoARD oF coMMIssIoNE;,
FELIANCE UPON APPRAISAL FOR OTHEI
USES IS NOT WAFFANTEN
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16.C.1.a
Packet Pg. 2349 Attachment: 060420 Appraisal (14021 : PS 308.10 Utility Easement)
Utility Easement Valuation
A utility easement is an easement that allows a utility the right to use and access specific area of
another's property for laying gas, electric, water, and sewer lines. A utility easement is attached to the
property deed so that it passes on even when the property is transferred or sold.
The direct discount of fee value will be used as a method of obtaining the estimated value of the
easement. This means, establishing a per unit value for the entire tract then taking a percentage of the fee
value. The market research indicated that vacant land costs in this market area is $25.76 sf.
The proposed utility easement is l92sf; the proposed easement will be located within or adjacent
existing utility easements.
The matrix is used as a general guide in looking at the effect an easement may have on the total bundle
of rights.
EX: SMALL SUBSURFACE EASEMENT
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Nornind efiect on usc and utility
EX:AlR RIGHTS,WAfER OR SEWER UNE
Sub-surface or air rQhts thathaa minirnal eftcton ure & utility
EX: CABLE LINES, WATER OR SEI /ER UNES
Locatkm abng a property line locatisr acrors non usa& land area
EX: TELECOMMUNICATIONS, WATER, CABIE UNES
Balanced use bybdr owner&easement hdder
EX: PIPELINES, SCENIC EASEMENTS
Sorne impxt m surface use;
Comryance of i4re*/egress dghts
EX: PIPEL!NES, DRA]NAGE EASEMENTS,
FLOWAGE EASEMENTS
Major impact on surface use and
conrclanceof future uses
EX: OVERHEAD ELECTRIC, RAILROADS,
HHGANO{ CANALS & FLOWAGE
Serere impact on surface use and
conveyance of future us€s
Pf,EPARED FOR AND PBOPEBTY OF
OLLIER COUNTY EOARD OF COMMISSIONERS
AELIANCE UPON APPRAISAL FOR OTHER
UOES IS NOT WARRANTED
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16.C.1.a
Packet Pg. 2350 Attachment: 060420 Appraisal (14021 : PS 308.10 Utility Easement)
Market l)ata to obtain the base unit value
30480240007
Site
Address
*Disclaimer
TAMIAMI TRI Site City
5502-2333
3503 TAMIAMI LN Site City
5671-3982
Site Zone
*Note 34112
Site Zone
*Note 34112
$ 650,000
Site Zone
*Note 34112
340,
PHEPARED FOR AND PROPERTY OF
IOI-I-IEH OOUTTV BOABD OF COMMISSIONEBS
IELINI,IOE UPON APPRAISAL FOB OTHER
USES I8 NOT WARflANTED
74410240101
Site
Address
*Disclaimer
s1 590240009
Site
Address
*Disclaimer
2332 TAMIAMI TRL E Site City
5610-776
Adjustments to market data
#l add 250/ofor size and market time results in $15.1g+25% is $lg.ggsf
#2 minus 25%olocation results in$45.22-25% is $33.91sf
#3 no adjustments $24.39sf
Taking the average of the adjusted market data525.76 sf will be used for the base unit value.
11
.89 acres 28sf The unit sales is $15.18sf
33 acres 114,375sf the unit sales rice is $45.22st
32 acres I 13,939st the unit sales rice is $24.39sf
16.C.1.a
Packet Pg. 2351 Attachment: 060420 Appraisal (14021 : PS 308.10 Utility Easement)
Utility Easement Valuation
The direct discount of fee value will be used as a method of obtaining the estimated value of the
easement. This means, establishing a per unit value for the entire tract then taking a percentage
of the fee value (matrix chan) to arrive at the easement estimated value. The market research
indicated that vacant land costs in this market area is 25.76 sf. The TCE is for access onto private
property for the purpose of water/sewer utility construction. The TCE will have a nominal effect
on the use and utility of the subject property land/bundle of rights.
The proposed utility easement is 192 sf, the proposed easement will be located near existing
utility easements and will considered nominal effect on the overall property.
Mathematically, 192 sf (easement) x $25.76 sf (fee value) x 50o/o (matrix factor) is $2,472.96 say
$2,475.00 dollars.
614/2020
Roosevelt Leonard, R/W-AC
Sr. Review Appraiser
Real Property Management
3335 Tamiami Trail East Ste. l0l
Naples. FL 341 12
Ph:239 252-2621
,:rli[fff'j$Fdit_'e?i'Ji,.lll,B[.,,t'. rrittcE UPON AFPRA|SAT FoR Oii;1-UsE$ IS NOTWARRAI{IED - -'.
16.C.1.a
Packet Pg. 2352 Attachment: 060420 Appraisal (14021 : PS 308.10 Utility Easement)
Sales Comparable Location Map
PREPARED FoB AND piopr.n, ,
C0tLlEH CoUNTY BoAR0 OF C0MMtSSl0,r:
RELIANCE UPON APPRAISAL FoF .I,.
USES IS NOT WARRANTEi
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16.C.1.a
Packet Pg. 2353 Attachment: 060420 Appraisal (14021 : PS 308.10 Utility Easement)
2. I have taken into conridafalion the lacbrs tlret have an knpact on value h my dovabpmenl ol lha €ltneta d martet valua ln the
tppraEal ,epon. I h.ve nol knos,hgly YUilhh.ld any signiffcrnt flfomration fro.n the app.dssl r€po.r and I belhve. b the be3t of my
knowledge. flal 6al ststcmcnts id inlb.mdon in [lG rpprabal r€port a! true and corec{.
3. I sl8tad ln tr'|e +pra!3a| tEpo.f ody my own perso.d, urtirsed. and proftssbnd endylis. odrloG, and cmd|]3br|s, ruhtdl ar€
3ubl€ct ody b tlE condngpfir and Ir{thg ooixioo,l3 3p€dicd in thE 6.m-
4. I have m pr€3eril d p.BpectltG hEJEc in fiG pmpany that i3 [le sldrcaf b frb ltporf, and I havc no ol.errt of procpcrdl/G
Pcnonal int.rcat or bl83 wlth rlapcct b the panic*rarlts h tE trmsactlon. I dl, no( b8a, clther pottaly of eo.nptcilly, ]I|y ardysis
arldor thc e3ltnat. ot metket yafE h le ryr*d raport on fE rE, coao., rcsghn, scr, hrndcap, hnibl statJ3, or nrtiood orlgh
o, ether the ptcpcctve ornaG d oca.panE of,re rub,.cl prcperfy or of th€ pre.ent oli,ners or ocalpart3 oa th. FlDster in $lG
vldnlty ot flc adted p(!p.ny.
5. I havc m p..scnt or cofiEr,iaird lltrrE k Grrc h thc s.6rcct prop.rty, rald ncltlEr my cuncna or frftr,r cmpbyncn[ nor mydrpatladdl b pcrfu.rnhg t lb 40r*al B cd ingcd m fl€ app.aed vafja of ra propcrfy.
6. I was rpl r€qutred b Gpoar a predeierminad yaaue a drediofi h yrlue Irrl lbyors thc came ol the dlent 01 any r€latcd psrty, fre
arnounl of the Yalle edimtts- the atldnnrcnl of I speclflc rcault d ttE ocarfl€nce of a 3uhaqEnf eyent h fibf b l€Gei\€ my
ompem6tion ad/or employn.nl br pctfo.'r$g lhe apprahal. I dld not base the 4prakat rcport on a requeated nrlnlmum
valualbn, s specific velueti , or the tl€€d b appDy€ e 3p€o'ffc rfifg6gE losn.
7. I peftrmed [lE ,ppr8tsal in con'o.r V w n the Udlbfln Strrdarb of Plofussbnd ApFatsrl pracdce Urat wele adoptld rnd
Fomubared by thc Appraisd Sttndsftb Boad oa ThG Apprtbal Foundation /rd rrt wcr. in plE as of tlE cibclh/c daE of f|.3
apFaisd, x,id| the erceplbn ol thc &pa r€ prombn ollhose Standar&, }l{dt docs mt apply. I d(no|wbdgc tiaf esilnate o{ a
re6ronable tirB lor erpcula in lhe open msl(el ts a oojrdilion h the defnilioo of ma et vahrand the e.finrE I dcrr.lopcd is
co(l3i3l6fll wilh lhe mafteting lilfE ]toi€d in the ncl bofiod sactlon ol thb eport urler! I havc olheft$se strEd in th€
recorEliatbn s€clio.r-
lP?IlltEit EEf,nFlGfnOI Tha rFprabe. srtfla3 ard ag.rcs thar:
1. I ha\rc i€searched trra lublecr mJta €6 md halra sdcctrd a fiinimum of [rr!e ,€cart sd6 of pfiipefllea mocl3rnibr d
proxlmate b lhe sJbiecl ptopcdy fo. slst e'alb.r h the 3rlca compdrEon rr|alFb and hsye made a ddte. diulurErtt *t|en
aprroprlac b t€llecl lhe met€l reaLton to tlffe iEm3 of lignincr vdafron. f a signiltcdf, iEm h a c6lrlparsb propcrfy b
3uperb, b. oI lIE € fevoraue h8n. lhc ]t'ed pmoerfy, I hsv. mde a negathi€ sdiu{mcr b Educe re diu3tld 3ab! p.he of xteco.npar$le d. f a slgnm.anl lten h a coflparablc Foperly b in!tsril b. or le*. favo6ue [ran Urc $biect ptEparfy, I havc msde a
posruve adiustmcnt io hcrcsc Urc aqudcd sales p.lce of thc cornpraue.
8. I hsrre p€€ona y irEpecled thc inEfbr sld c{erior 8r€a3 o, th8 3uq6ct p6p.rry and tha enerior ol alt propedles tbt6d a
oo.flpar&|.3 in tle appr*d rcporl- I turther cerltry lhd I hrv€ noEd drry apporent a knoun adv€fie co.dl or|s in the subFcf
lmpjr,€meftL ol tlE subrccl srle, d m any Jb yr{hin the imm€diaG vicirrty ol ltte suoiad propcfty o{ wltdt I 6m sflarc 6nd hat e
made aqu$menE tur frcac drerrc condidom h my ,Dsb ot lhe p.opcrty yalu€ to Uhe exEnt that I hd msl(et Glrdcnca b
supCo( them- I have d3o qnnenled sboL{ 0€ etr6.t of thc edvers€ dxthlolls on ttE maftetdl$ty d fhc subied p.opcdy-
9. I personalv pr€parcd aI cdlduddrs 8nd ophixl3 a6od tle ]aal edaE that were sd lbnh n tte apord3al rEpo.t. l, I rl|ied on
slgnlocad p(of'essimd asBtfice fo.n rry hdhridual a lndhrlruls in lhe perfo.mrE of fle epp.r$d or the p.€pe.aufi of fhe
appraisd report, I havG mmcd rudl irdivldud(s) I|d dlrdolrd thc rpeclflc trst3 parionlrcd by tlcm h th. l.ffrcfliltbn !ft on ol
thb epptabal lepod. I erdt that any hdh,itJal so nafiEd b quelflcd to pe orm the ts3k!- I hav. ma suthdt2rd anyone b maka adlslge to any ile in trle ]€po.l; trErEbra. unauthdt2ed dlange b ma& b ihe apgrabal ]€po.i. l Bi[ take m ]lsFEr|shfiy br it
PREPARED FOB AND PFOPERTY OF
COlLIER COUNTY BOARD OF COMMISSIONERS
RELIANCE UPON APPRAISAL FOB OTHEB
USES IS NOT WABRANIID
16.C.1.a
Packet Pg. 2354 Attachment: 060420 Appraisal (14021 : PS 308.10 Utility Easement)
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the 'Agreement") is made
and entered into on this 12- day ol D<l*yr , 2A2O, by and between
DH SQUARED PAROPERTIES, LLC, a Florida limited liability company, (hereinafter referred to
as "Owne/'), whose mailing address is 144'l Ridge Street, Naples, FL 34103, and the BOARD
OF COUNTY COMTIISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE
COLLIER COUNTY WATER€EWER DISTRICT, its successors and assigns (hereinafter
referred to as "Purchaser"), whose mailing address is 3335 Tamlami Trail East, Suite 101 ,
Naples, Florida 341 't 2;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for the purpose of
constructing, operating, maintaining, and repairing a pump station and related facilities 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 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.
Owner shall convey the Easement to Purchaser for the sum of Two Thousand Four
Hundred Seventy Five and 00/100 ($2,475.00) U.S. Dollars, 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.
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.
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
1
5
PROJECT NAIIE: Basin 308 Pump Stations
P.S.308.'10
Tax ldentification # 618/.2200007
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16.C.1.b
Packet Pg. 2355 Attachment: Easement Agreement (14021 : PS 308.10 Utility Easement)
4
Easement Agreement Page2
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.
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 recelved notice and otheruise 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.
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 incuned 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 tifle.
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 ti e commitment
shall be paid by Purchaser.
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.
7
o
Agreement pending receipt of such instruments, properly executed, which either remove,
release or subordinate any and all such ltens, encumbrances or qualifications affecting
Purchaseds 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.
6.
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16.C.1.b
Packet Pg. 2356 Attachment: Easement Agreement (14021 : PS 308.10 Utility Easement)
Easement Agreement Page 3
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. lf 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. (lf 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.
lN WTNESS WHEREOF, the parties hereto have executed this Agreement on this _
day of _, 2020
Date Easement acquisition approved by BCC
AS TO PURCHASER
DATED:
ATTEST:
CRYSTAL K. KINZEL,
Clerk of the Circuit Court
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BURT L. SAUNDERS, Chairman
BY
Deputy Clerk
(S/GNATURES CoNTINUE oN F1LL)WNG PAGE)
9.
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16.C.1.b
Packet Pg. 2357 Attachment: Easement Agreement (14021 : PS 308.10 Utility Easement)
Easement Agreement
AS TO OWNER:
DATED,
Page 4
DH SQUARED PROPERTIES, LLC
a Florida limited liability company
n
Its:.fvt^oY
By
Print Name:
Signature
Print Name Mron llarY
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney n***
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Dwr.,
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16.C.1.b
Packet Pg. 2358 Attachment: Easement Agreement (14021 : PS 308.10 Utility Easement)
SKETCH & DESCRIPTION
A Portion of Section 1 1,
LOT 124 NG&TCLF, T 50 S, R 25 E,
Collier County, Florido
CUENI:Collier Counly Eootd ol County Commbsioncrs
P46t 9)B PRO,IECI:PS J08.10
D fiED Af:utE sc/4rf sl1EEt I
GRAPHIC SCAIE
NOTES
l. This is not o aurvey.
2. No 6osom6nl seoach or obstrocting wos
dono by the surveyor ond note should b€
token thot this propcrty is subject to ony
focts thot moy bc rcvcolcd under o full
ond occurote title s6orch.
3. Unlcas othcrwisc indicot€d, oll cxisting
aosgm€nls shown hereon ore bosed on
plot.
4. Not other pcrsona or 6ntitios oth6r thon
thosc listcd os exclusivc us€rs moy rct on
this sketch & dcacription.
5. All dimensions orc in feet ond decimols
tha.aol, unlca3 othorybe notcd.
6. Subjact to coscmcntg. reservotions, ond
r6strictions of record.
10 20 ,rc
(D{rxET)
I lDch = 20 lt
sr&\FoRD sa\taRE coNDouNtutl
a.R. Saak 2866 PACE 6A0
PAR| OF LOf 121
MPLES EROr'E, NID IRI.EK CA'S
LtftE FTAUS NO,2
P81 PAEE 274
;];-unt. Esllt
COMUENCEMENT
5.!{
r.i 'c
BiN46t
F
Ib
io
tw5/23?.
,&@'
s.l
NAg'1A'J9'E
to-oo'
,AN,COUR|IAIID PLACE
P Rf Or LAf 121
N PLES AROTES N'lO IRUCK COS
UNLI FARMS NO,2
POI PAEE 274
10.00
UTIL, ESIIT
oR 1172
P0 1557
Fot lhe Exclusive Use Of:
Collier County Eoord of
County CornmissioneB
REVISION:
1. 12-2019 REVISED SUB PRO.JECT NAI'E ON PAGE 2 OF 2
Davi d J. uyatt i,iii"ll',liiil,?'.o""''
PSM #s834 Oale:2019.12.06
08:07:52-05'00'
Dovid J. Hyott, PSM,
Florido License No. 5EJ4
Not volid rithoul the signotur, ond
originol seol of the Florido Licensed
Professionol Sutyglor ond Mopper
Cedificole of Authorizotion 17705.
OF
BECINNINC
taRco suwEYtfi d utPPtNG
JA25 EECK rufl'@
5U1E 725
^iIPLEs,
ftORIU J1111
(2J9) JA9-OO26
||wwtaRc9suRyEfs.cou CMM 3/2019 17-3Jl l of 2 1 -088 )
bd
16.C.1.b
Packet Pg. 2359 Attachment: Easement Agreement (14021 : PS 308.10 Utility Easement)
SKETCH & DESCRIPTION
CUEM:Colli.r Counly Bootd of County CommissbndB
Ptu)ECt l:P46t suB PRUaCf:PS 308.10
Dfo4FEO AY:utE sc{f stlEEt I
taRc9 suwmNa d *pmrc
JA25 AECK @VWARDsuiE 725
MPLES, ftORM J1II4(Fe) Ja9-@26
hW.IARCOSUPI/EYS.COY
j
I
I
!H
LECAL DESCRIPIION
Being o Portion of Lot 124 of Noples Grove ond Truck Co's Little Forms No. 2 os recorded in the plotthere o.f in llot ?oof 1 ol .Poge 27 of the Public Records of Collier County, Ftorido. Being morepotliculorly described os follo,ts.
COMMENCINC ot the nofthwesterly corner of those londs described in Officiol Records Book 3874 ot Poge2772 of the Public Records of Co-llier County, Florido; thence run South OO'11'21" Eost, olong the vesterlyline ol those londs described in Officiol Records Book 3874 ot Poge 2772 of the Public Reciords of Colli6r
County, Florido, for o distonce of 22.00 feet; thence run Norlh A9'48'J9" Eost, for a distonce of IO.OOfeet to its intersection with the eost line of those londs described in Officiol Records Book 1172 ot Poge1557 of the Public Records of Collier County, Florido ond the POINT OF BEGINNING. thence run North -
?9'-ll'21'..Wesl,, olong the. ||esterly line ol those londs described in Officiol Records Book 1172 ot Poge1557 of the Public Records of Collier County, Florido, for o distonce of 12.00 feet to its intersection -with
the southerly line of those londs described in Exhibit "B" of the in Officiol Records Book 1186 ot Poges
326 through J29 of the Public Record.s of Collier County, Florido; thence run Nodh 89'57'2J" Eost, olongthe southerly line of soid londs described os Exhibit "8", for o distonce of 16.00 feet; thence run Souti00'11'21'Eost, for o distonce of 12.00 feet; thence run South 89'57'23" West, for o distqnce of 16.00feet to the POIN| OF BEclNMNe.
Contoining 192.OO squore feet or 0.004 qcres more or less,
REYISION:
1, 12-2019 RFr'ISED SUB PROJECT NAME ON PAGE 2 OF 2
1' = 20'2of2 1-088 )
I
A Portion of Section 1 1,
LOT 124, NG&TCLF, T 50 S, R 25 E,
Collier County, Florido
t 7-331I cMM I Yzote
16.C.1.b
Packet Pg. 2360 Attachment: Easement Agreement (14021 : PS 308.10 Utility Easement)
P.S. 308.10 located at northwest corner of parking lot
2500 Airport Rd S – Owned by: DH Squared Properties, LLC
16.C.1.c
Packet Pg. 2361 Attachment: Aerial View of PS 308.10 (14021 : PS 308.10 Utility Easement)