Parcel P-04
PROJECT: Henderson Creek, Project # 710101
PARCEL NO.: P-4
FOLIO: 49531560009
This Conveyance Approved By
The Board Of County
Commissioners
Collier County Florida,
Pursuant To Allenda I', ( 1.11
Date:"7.2,H 'Item No:" "'1
EASEMENT AGREEMENT
THIS EASEMENT AGREEM~T (hereinafter referred to as the "Agreement") is made
and entered into on this '2.1.4 day of ~u\,:, ' 2007, by and between
ROSE M. BRIGGS AND DAVID A. SALINAS, (hereinafter collectively referred to as
"Owner"), whose mailing address is 42 Henderson Drive, Naples, FL 34114, 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 3301 Tamiami Trail East, Naples,
Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for
the purpose of utility facilities, and access to, over, under, upon and across the lands
described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached
hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property 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
Property;
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 Property via a Utility Easement to Purchaser for the sum
of Four Thousand and No/100 Dollars ($4,000.00), payable by County Warrant
(said transaction hereinafter referred to as the "Closing"). Said payment shall be
full compensation for the Property 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 Property to Purchaser, including attorney's fees and
costs as provided by Chapter 73, Florida Statutes.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
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. 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 Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instruments to Purchaser in a form acceptable to
Purchaser.
EA-UE
Easement Agreement
Page 2
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 and all uses of the 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 except as specifically disclosed to the Purchaser; that the Owner
has no knowledge of any spill or environmental law violation on any land
contiguous to or in the .vicinity of the Property to be conveyed to the Purchaser;
that the Owner has not received notice and otherwise has no knowledge of a) any
spill on the Property, b) any existing or threatened environmental lien against the
Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property.
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 land underlying the Property 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 Property 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. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
EA-UE
Easement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~ day of 3v\'j , 2007.
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED: "71'2.4 \01
c~l>h"
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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
ATTEST:
DWIGHT E. BROCK, Clerk
~Clerk
BY A-4' 4f
James Coletta, Chairman
DATED: ~I,/o 7
~d~/~
Itnes~gna~e) ~
Name: ~'V :AAJ (../" (S"-.,I\../
- (Print or Type)
LJZc;-a. 'Vk . n/l:~A
Rose M. Briggs
h/;r;
DATED: i~d5--07
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WitnesJ~ig.nafur~ r h <..
Name: J\'\let~. \...IIll-etuo
(Print or Type)
.ud l-L
David A. Salinas
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Witness (Signature L .
Name: '. Q~
(Print or Type)
Approved as to form and
legal sufficiency:
1ft LI~
Ellen T. Chadwell
Assistant County Attorney
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EXHIBIT
PAGE~OF
Ii
NAY 01, 2007
JOB # 06-7044
FILE # 06-7044sk02 Lot 35
SHEET 1 OF 2
DESCRIPTION: WATERllNE EASEMENT
THAT PART OF LOT 35, HENDERSON CREEK PARK ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 6, PAGE 8 OF THE PUBllC RECORDS OF COLLIER COUNTY
FLORIDA DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 35; THENCE S.06015'10'W.,
ALONG THE WEST LINE OF SAID LOT 35, FOR 23.25 FEET; THENCE S.83044'50"E. FOR
5.00 FEET TO THE POINT OF BEGINNING; THENCE S.06015'10'W., FOR 130.05 FEET;
THENCE S.83040'34"E., FOR 4.62 FEET; THENCE N.04013'05"E., FOR 130.14 FEET TO THE
POINT OF BEGINNING.
CONTAINING 300 SQUARE FEET MORE OR LESS
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF
RECORD.
SEE SHEET 2 OF 2 FOR SKETCH
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OFESSIONAL SURVEYOR AND MAPPER
FL. CERT. NO. 4211
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APPROXIMATE CENTER
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SURVEYOR'S NOTES
,. BEARINGS SHOWN HEREON ARE ASSUMED AND ARE BASED
UPON THE NORTH LINE OF THE NE )4 OF SECTION 10, TOWNSHIP
51 SOUTH, RANGE 2 EAST, COLLIER COUNTY, FLORIDA BEING
S.89'24'50"E.
2. ,SUBJECT TO EXISTING EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS OF WAY OF RECORD.
3. NOT VALID WITHOUT THE SIGNATURE ANO THE ORIGINAL
RAISED SEAL OF A LICENSED SURVEYOR AND MAPPER.
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OF WATER ~
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I......!! CONSULTING CIVIL ENGINEERS.
....,~ SURVEYORS & MAPPERS
INC .. Partners For R.es~ts.
A BO'1'l..E ENGINEERING COMPANY Value By Desl,gn
1400 Coloniol Blvd, Suite 31, Fod Myers. Florida 33907
(239) 931-0455 Fo" (239) 931-0456
8PR &: rBPE License No: 959 www.lbfh.com
Scale: 1 "=40'
Sheet 2 OF 2
Computed: JS
Checked: JS
RIGHT -OF -WAY
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RIGHT-OF-WAY
S8.3' 44' 50 "[
5.00'
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EXHIBIT
PAGE 2
OF 2.
EXISTING 10' WIDE
o RWATERLlNE EASEMENT
. . 675 Pc
' . 1278-127
WATERLINE EASEMENT
S83'40'34''[
4.62'
----
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GRAPHIC SCALE
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If
JAMES D. SYSE
PROFESSIONAL lAND
FtA CERTIFICATE NO.
@ 2006 LBFH Inc.
PROJECT NAME: SKETCH (NOT A SURVEY)
WATERLINE EASEMENT
Date
11/1/2006
FILE NO.
6-7044skD2 LOT
Project No.
5 06-7044