P.S. 305.01 - Easement Agreement (DIAJEFF, LLC and ALISAN, LLC) PROJECT: Basin 305 Pump Stations
PUMP STATIONS: 305.01
TAX IDENTIFICATION#: 00393600007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this ,1 )74'day of �, 2021, by and between DIAJEFF LLC,
a Delaware limited liability company, AND LLC, a Delaware limited liability company,
each as to an undivided 1/2 interest, (hereinafter collectively referred to as "Owner"), whose
mailing address is 185 NW Spanish River Blvd, Boca Raton, FL 33431-4227 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 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 One Thousand Two
Hundred and Seventy-Two dollars and 10/100 ($1,272.10), 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
Page 1
4. 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 Purchaser. The cost of a
title commitment shall be paid by Purchaser.
5. 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.
6. 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.
7. 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.)
8. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
9. Purchaser agrees to do and shall do the following:
a) Provide Owner and occupants with advance notice of construction activities
whenever reasonably feasible and shall conduct activities as to minimize
interference with the business operations of Owner and occupants;
b) At its sole expense, repair damages to any area of he premises adjacent to the
Easement caused by Purchaser's activities and restore such premises to its
condition prior to undertaking of such activities, including but not limited to
restoration of improvements and backfilling of any excavated land;
c) Not unreasonably interfere with vehicular ingress or egress to Owner's land, nor
use the Easement area or adjacent premises to store materials, machinery or
equipment in a manner that impedes visibility to vehicles or pedestrians to
creates a safety hazard;
d) Accept the Easement area in its current "AS-IS" condition without further
representation or warranty of any kind whatsoever, express or implied, made by
Owner, and release and discharge Owner from any claim, cause of action,
demand, expense, or liability whether known or unknown, foreseen or
unforeseen, connected with the Easement area, including without limitation, the
condition if the soils, except as specifically set forth in this agreement;
Easement Agreement Page 2
e} Perform all activity necessary to prepare the Easement area for the facilities, at
its sole expense. and obtain any necessary approvals prior to such preparations:
and
O Add Owner, Kin Properties Inc. (as managing agent of Owner), and their agents
en additional insured under Purchaser's liability policies. All insurance carried by
Purchaser must be primary and non-contributory to that which may be carried by
Owner.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement onthis
day of w8pAkk, 2021
Date Easement acquisition approved byBCC� ��\�l� /v y
\ ZL� ^°
A5TOPURCHASER:
DATED-
ATTEST: BOARD OFCOUNTY CDMK8|S8|{}NERO
COLLIER CDUNTY, FLORIDA, AS THE
CRYSTAL K. K/NZEL, Clerk GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFF|C|{} THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
�/8hmtu/eonly. BY:
PENNY TAY-L/OR, Chairman
Approved anVoform and legality:
JanniaerNelpejdio, �Assie t County Attorney
Easement Agreement Page
AS TO C}VVNEF<:
—~ C)k\JEFFLLC. m De|avvena limited |imbi|hv
company AND AL|8AN LLC. a 0e|ovvome
vmmew (Signature) Unnibsd liability cornpany, each as to an
` undivided 1/2 interest
C-v /a�"I
Name(Print o,Typm
BY: K|NGAN MANAGEMENT CORPORATION,
a Delaware corporation
Name(PriAt or Type) C'-7;f( eandelman, its President
Easement Agreement Page
GRAPHIC SCALE 1
0 3 t0' 20'
pvige._.,r_,4 i t iN 1'
1 tncb = 10' ft.
PALM DRIVE
THE GLADES UNIT 1
P.B. 10 PGS. 82 AND 83
r`' PONT OF
C COMMENCEMENT
y 7-9//
41
44 a
• 4
t
ti Lin OR.BS S134jp
' PGS. 1 170-t 17J
N30`54`40'E 25.59'
A
r'- LANDS DESCRIBED , PUNT
OF
n$$ �'$
IN O.R.B 4971 , EEt •__-,13
F PGS 3030-J031 — — — _ — — — —
N50'34401' J'0 00' I .S50 54'40 11e�y<� 15.59'
1 /
1 r
t EASEMENT DESCRIBED IN
tANOS DESCRIBED IN �"-'O.R.B 1176 FAGS 2197-2199 ,,,,,,
0 R 8. 3999 PCS 41245-0250 2------111
1
DESCRIPTION 1
NOTES Being a portion of Section 13, Township 50 South, Range 25 Eost, Collier
1, This is not a survey. County. Florida being more particularly described as follows:
2. No easement search or abstracting was Commencing of the intersection of the Right-of-Way line of U.S 41 (Tamiami
done by the surveyor and note should be Troll) with the Southeasterly Right-of-Way line of Palm Drive as shown on
token that this property is subject to any the recorded plot of The Glades Unit One as recorded in Plot Book 10, Pages
facts that may be revealed under o full 82 and 83 of the Public Records of Collier County, Florida; thence run
and accurate title search. South 39'05'20. East, along the Northerly Right of Way Line of U.S. 41, for a
3. Unless otherwise indicated. all existing distance of 1242 00 feet to the westerly most corner of those lands
easements shown hereon ore based on plot described in Officiol Records Book 3999 at Pages 0245 through 0250 of the
Pubic Records of Collier County Florida, thence run North 50-54'40- Eost
4. Not other
persons or entities other than along the northwesterly line of said described fonds for a distance of 310.00
those listed as exclusive users may rely on feet to the westerly most corner of the easement described in Official
this sketch & description Records Book 1176 of Pages 2197 through 2199 of the Public Records of
5. All dimensions are in feet and decimals Collier County, Florida and the Point of Beginning; thence run North 36'19'08-
thereof, unless otherwise noted. West, for a distance of 6.00 feet; thence run North 50.54'40- East for o
6. Subject to easements, reservations, and distance of 25.59 feet; thence run South 38'19'08' Eost for o distance of
restrictions of record. 6.00 feet to its intersection with the northwesterly line of said described
easement; thence run South 50'54'40' West, along the northwesterly line of
said described easement. for a distance of 25.59 feet to the Point of
Beginning. Containing 153.53 square feet or .004 acres more or less.
for the Exalusiye Use Of;
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS T �ltiYING Sketch & Description
Dagrtauy slgnetl by Oav+d �# `e
1.
David J. Hyatt ,hr,nPs,M.583< ' ,r ", A Portion of Section 13
PSM #5834 Date;2019OS29101S5S p 4
-Goo. Li t v Township 50 South, Range 25 East
ce David J. Hyatt. RS,u, it"...
_ • 2 Collier County, Florida
Florida License No. 5834 l 0
Not valid without the signature and "•''''""""
original seal of the Flor,do Licensed M4WCO SuavErwR d ULEWJf CLIENT Collier County Boom of County Commissioners
Prfessional Surveyor and Mapper 9� NORrNsuurr 412R 80ULEVAltO PROJECT# I.P461 sue Peo r'T• PS 305.01
Certificate of Authorization /7705. utRCO !SUMO. FLORIDA J4145 Dw nro e+ GATT SCALE 00 NUMBER SHEET# 1"4e144C 440.
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