P.S. 308.10 PROJECT NAME: Basin 308 Pump Stations
P.S. 308.10
Tax Identification#61842200007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this ` day of OC# , 2020, by and between
DH SQUARED PAROPERTIES, LLC, a Florida limited liability company, (hereinafter referred to
as "Owner"), whose mailing address is 1441 Ridge Street, Naples, FL 34103, and the BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter
referred to as "Purchaser"), whose mailing address is 3335 Tamiami Trail East, Suite 101,
Naples, Florida 34112;
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:
1. 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.
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
0
Easement Agreement Page 2
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.
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. 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.
0
Easement Agreement Page 3
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this blob
day of c _e_ ynt. � 2020.
Date Easement acquisition approved by BCC: / 2-/- /—
ZOz6
AS TO PURCHASER:
DATED: 1 a— "a-a--"ao
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF COLLIER COUNTY, FLORIDA, AS THE
CRYSTAL K. KINZEL, GOVERNING BOARD OF THE COLLIER
Clerk of the Circuit Court COUNTY WATER-SEWER DISTRICT
tad, 0 `4-(0 C . BY:
Deputy Clerk BURT L. SAUNDERS, Chairman
(SIGNATURES CONTINUE ON FOLLOWING PAGE)
Easement Agreement Page 4
AS TO OWNER:
DATED: It 112! 2.6 2,b DH SQUARED PROPERTIES, LLC
a Florida limited liability company
orcial1k_W
Sign ture
�1 By: V��Y4o h -e4-1 k e
Print Name: v O
Its: Null iry-wyir
ness Signature (�
Print Name: j 1 'icb'
Approved as to form and legality:
oa
Jennifer . elpedio, Assistant County Attorney 0,7'?�
C6`
0
f NOTES
GRAPHIC SCALE
1. This is not a survey.
0 10 20 40
2. No easement search or abstracting was
done by the surveyor and note should be
taken that this property is subject to any
facts that may be revealed under a full
( IN FEET ) and accurate title search.
1 inch = 20 ft.
3. Unless otherwise indicated, all existing
easements shown hereon are based on
plat.
4. Not other persons or entities other than
those listed as exclusive users may rely on
this sketch & description. s
5. All dimensions are in feet and decimals
thereof, unless otherwise noted.
6. Subject to easements, reservations, and
restrictions of record.
STANFORD SQUARE CONDOMINIUM
O.R. BOOK 2866 PAGE 680
PART OF LOT 124
NAPLES GROVES AND TRUCK CO'S
LITTLE FARMS NO.2
PB1 PAGE 27A
POINT N. PROPERTY LINE
I
COMMENCEMENT f 1 o.o0
Z W Ip0'S7'23'r OR°188EPG 326
E .N 16.00' lu I
I _
PB. 59, PGS. 16-17 5, POINT N ao8N ^ OF
a v, l BEGINNING .. N
N89'48'39 E OR 3874 PG 2772
10.00' S89'5T23
16.00' COURTLAND PLACE
10.00 PART OF LOT 124
UTIL. ESMT. NAPLES GROVES AND TRUCK CO'S
_
OR 1172 LITTLE FARMS NO.2
PG 1557 PB1 PAGE 27A
EXHIBIT n
JPAGE_ / OF -_
REVISION:
For the Exclusive Use Of: 1. 12-2019 REVISED SUB PROJECT NAME ON PAGE 2 OF 2
Collier County Board of
County Commissioners / SEYING� SKETCH & DESCRIPTION
lly signeDavid J. HyattJJ..Igita HyattPSM#5834byDavid w7
PSM #5834 Date:2019.12.06 V _ ', I A Portion of Section 1 1,
08:07:52_05'00' , LOT 124 NG&TCLF, T 50 S R 25 E,
David J. Hyatt, PSM,
Florida License No. 5834 a ilillIJ--"-r Collier County, Florida
Not valid without the signature and £ +)H ,
LIMITED
TED LIEBIL ITV DCMG<MY
original seal of the Florida Licensed MARCO SURVEYING & MAPPING WENT: Collier County Board of County Commissioners
Professional Surveyor and Mapper 3825 BECK BOULEVARD PROJECT :l P461 SUB PROJECT. PS 308.10
Certificate of Authorization !l7705. SUITE 725
1r NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEEP if DRAWING NO.
WMACOSUR 2 R O WW VEYS.COM CMM 3/2019 1" = 20' 17-331 1 of 2 1-0881
\ ..
G
� 1
LEGAL DESCRIPTION
Being a portion of Lot 124 of Naples Grove and Truck Co's Little Farms No. 2 as recorded in the plat
there of in Plat Book 1 at Page 27 of the Public Records of Collier County, Florida. Being more
particularly described as follows.
COMMENCING at the northwesterly corner of those lands described in Official Records Book 3874 at Page
2772 of the Public Records of Collier County, Florida; thence run South 00'1 1'21" East, along the westerly
line of those lands described in Official Records Book 3874 at Page 2772 of the Public Records of Collier
County, Florida, for a distance of 22.00 feet; thence run North 89'48'39" East, for a distance of 10.00
feet to its intersection with the east line of those lands described in Official Records Book 1172 at Page
1557 of the Public Records of Collier County, Florida and the POINT OF BEGINNING. thence run North
00'11'21" West„ along the westerly line of those lands described in Official Records Book 1 172 at Page
1557 of the Public Records of Collier County, Florida, for a distance of 12.00 feet to its intersection with
the southerly line of those lands described in Exhibit "B" of the in Official Records Book 1188 at Pages
326 through 329 of the Public Records of Collier County, Florida; thence run North 89'57'23" East, along
the southerly line of said lands described as Exhibit "B", for a distance of 16.00 feet; thence run South
00'1 1'21" East, for a distance of 12.00 feet; thence run South 89'57'23" West, for a distance of 16.00
feet to the POINT OF BEGINNING.
Containing 192.00 square feet or 0.004 acres more or less.
EXHIBIT
PAGE oL OF
REVISION:
1. 12-2019 REVISED SUB PROJECT NAME ON PAGE 2 OF 2
I YIN SKETCH & DESCRIPTION
Ni;?‘‘. , c
A Portion of Section 11,
iej
t` H LOT 124, NG&TCLF, T 50 S, R 25 E,
lle Collier County, Florida
E UNITED LUMLI,CCMGANY
MARCO SURVEYING do MAPPING CLIENT: Collier County Board of County Commissioners
3825 BECK BOULEVARD SUITE 725 PROJECT,}�:l P461 SUB PROJECT:_PS .308.10
NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET# DRAWING NO.
www2MARCOSURVEYS.COM CMM 3/2019 1” = 20' 17-331 2 of 2 1-0881