Parcel C
PROJECT: AUTO RANCH ROAD
PARCEL: "C"
FOLIO No.: 00766880001
Prepared By'
Jennifer A. Belpedi~ Es .
C'., , qUire
J, fICA of the County Alto
3'. ^ 1 .. mey
OJ\) roast Tam/ami Trail
Naples, Florida 34112
(239) 774.8400
AGREEMENT
THIS AGREJ;MENT (hereina er re erred to as the "Agreement") is made and entered
into on this ~ day of em r- , 2007, by and between CAROL LOUISE
KRIST, whose mailing address IS PO Box 949 Marco Island, Florida 34146, (hereinafter
referred to as "Owner") 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, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County desires to construct water lines and pipes, water meters, fire
hydrants, and other related equipment or improvements within, under and upon the following
described property:
See Exhibit "An attached hereto and made a part hereof (hereinafter referred to as the
"Property"); and
WHEREAS, the project to be constructed by County will benefit Owner and Owner's
neighborhood by providing an improved and reliable water distribution system and fire
protection capability, all meeting utility standards; and
WHEREAS, all cost and expense for construction of the project will be assumed by
County, and neither Owner nor other property owners in Owner's neighborhood will be billed
for the cost of constructing the project; and
WHEREAS, Owner has agreed to convey to County a perpetual, non-exclusive utility
easement over, under, upon and across the Property (hereinafter referred to as "Utility
Easement"); and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Utility
Easement to County for the stated purposes, on the terms and conditions set forth herein,
said terms including that no compensation shall be due and payable for the Utility Easement
requested by County over, under, upon and across 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. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
2. Owner shall convey the Utility Easement to County, at no cost to the County, unless
otherwise stated herein. Said conveyance (Owner's delivery to County of the properly
executed Utility Easement instrument) is hereinafter referred to as the "Closing."
3. 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 County on or before the date of Closing.
4. Closing shall occur within sixty (60) days from the date County executes this
Agreement; provided however, that County 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 County's enjoyment of the Property.
Agreement
Page 2
5. Owner is aware and understands that this Agreement is subject to acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
6. County shall pay all fees to record any curative instruments required to clear title, all
Utility Easement recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Utility Easement.
7. 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 assigns, whenever the context
so requires or admits.
8. Conveyance of the Utility Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written Agreement
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.
9. This Agreement is governed and construed in accordance with the laws of the State of
Florida
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
DATED:~
~Y:frw,(' ~O('.
:;c. ". ,pu lerk
'::?~, L d> LO ella II1NIl .
s1gn&_uellll. -
BOARD OF COUNTY COMMISSIONi:'FtS"'"
OF COLLIER COUNTY, FLqRlPA AS
THE GOVERNING BODY ofCOLUER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF tHe COLLIER
COUNTY WATER-SEWER f)ISTRICT
A r:rJtS't? (;
pwlGHT IE:. BROCK Clem
BY:
, 11111"11\1'.\\'\
AS TO OWNER:
WITNESSES:
"-;j~L
Witness (Signature)
-
Gh~)AJ//~~
CAROL LOUISE KRIST
Name: flA)JS R()~~&t-L-
Print) L
'> "" \Y
Witness (Signature)
NameC\C..\t.s""B- C1.....1~n&,-\-o'"';rr- r
(Print) r-
Approved as to fonn and legal sufficiency:
~ A_ ~A.oL>
Jennifer Belpedio
Assistant County Attorney
-'.
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA
EXHIBIT "A"
DESCRIPTION:
A PARCEL OF LAND BEING THE EAST 10.00 FEET OF LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 2719, PAGE 1710, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, ALSO BEING IN THE WEST HALF OF THE WEST HALF
OF SECTION 20, TOWNSHIP 51S, RANGE 27E, COLLIER COUNTY, FLORIDA.
EASEMENT CONTAINING 1,450 SQUARE FEET, MORE OR LESS.
=====
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A LICENSED FLORIDA SURVEYOR
AND MAPPER
AIM Engineering & Surveying. Inc. LB 3114
5300 LEE BLVD
P.O BOX 1235
LEHIGH ACRES
FLORIDA 33970
(239) 332 4569
FX: (239) 332 8734
PREPARED BY:
AIM ENGINEERING & SURVEYINC, INC.
~~.\I'
RICHARD c MCCART!!.*"F.S':~-
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5688
0'2,-0'1-07
DATE
THIS IS NOT A SURVEY
SHEET 1 OF 2
PROJECT NUMBER DESCRIPTION
=--i
=== ; ===
=;~
F .==. -=
06~9272
10FT EASEMENT
.I_.l'~.
DRAWN BY
JSB
~:.
2/6/07
CLIENT
SEe TWP RGE
20 515 27E
COLLIER CO. WATER DISTRIBUTION
[FILE: I COUNTY:
06 9272DWG COLLIER COUNTY
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA N
EXHIBIT "A"
NORTH UNE SECTION 2
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O.R.BOOK-2719 PAGE-1710
N/F MARY ANN KRIST
NON-AGRICULTURAL ACREAGE
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lOT 55
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SOUTHWEST CORNER OF
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LEGEND
100 0
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N/F = NOW OR FORMERLY
OR = OFFICIAL RECORD
PG = PAGE
R/W = RIGHT-OF-WAY
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1 INCH = 100 FEET
AIM Engineering & Surveying, Inc.
===:;:=:=: 5300 LEE BLVD.
= = P.O, BOX 1235
=- ! -= LEHIGH ACRES
;;;;;- : -= FLORIDA 33970
Ei"" .- "'E (239) 332- 4569
.;...',. FX (239) 332-8734
LB 3114
THIS IS NOT A SURVEY
PROJECT NUMBER: DESCRIPTION:
06- 9272
DRAWN BY'
JSB
10FT EASEMENT
--
CLIENT
COLLIER CO.WATER DISTRIBUTION
FILE:
06-9272.0WG
DATE: SEC-TWP-RGE
2/6/07 20-51S-27E
SHEET NUMBER 2 OF 2
COUNTY:
COLLIER COUNTY
f'/)
'V
Project: Auto Ranch Road
Parcel No.: Parcel "CO
Folio No.: 00766880001
4072884 OR: 4282 PG: 1552
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
09/17/2007 at 12:13PM DWIGHT E. EROCK, CLERK
REC PHB 35.50
DOC-.70 .70
COPIES 1.00
Retn:
REAL ESTATE SERVICES
INTEROmCE
ATTN: CHUCK X8175
UTILITY EASEMENT
THIS EASEMENT, made and entered into this l ~~day of
2007, by CAROL LOUISE KRIST, whose mailing address is PO Box 949 Mar Island,
Florida 34146, (hereinafter referred to as "Grantor"), to 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-5EWER DISTRICT, its successors and assigns, whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter
referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors or
assigns.)
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement for utility and access
purposes, on the following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials, including, but not
limited to, water lines and pipes, water meters, fire hydrants, and other equipment or
improvements appurtenant thereto or thereunder, for the purpose of constructing,
operating, and maintaining utility facilities thereon. The easement granted herein shall
constitute easements running with the land and shall burden the lands described
above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
~,--N/~- __
~t~e~s (Signature)-
Name: HAIJt; ~cX~ cL '-
(Print or ype) 1 \
). ~.(j'
Witness (Signature) r
Name~..bJ:". (kt-t~n -.L~ I J "'.
(Print or Type) TO
a/~ l~n~p, ~I-
CAROL LOUISE RIST
1
TlfIS CONVEYANCE ACCEPTED IY THE
~:~Er c:V COMMISSIOIIERS.
PURSUANT . FLORIDA.
DATtD: ~1ID:TtM NO. }t.c. 5'
OR: 4282 PG: 1553
STATE OF FLORIDA
COUNTY OF COLLIER
\ T~e foregoing Utility Easement was acknowledged before me this ~day of
..J v ~t.t , 2007 Py CARQL LOUISE KRIST, who is personally known to me or
who has p~oducedJ:'la ~\"k~ t..a~ as identification.
WITNESS my hand and official seal this l ~ ~ay of , 2007.
(affix notarial seal)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
!rii....,y~' CHARLES E CARRINGTON. JR.
;': ;'! MY COMMISSION # 00634411
\, " . EXPIRES January 29. 2011
(407i'398~~153 FlorJdaNotaryService.com
Approved as to Form and
Legal sufficiency:
Jennifer Belpedio
Assistant County Attorney
2
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A LICENSED FLORIDA SURVEYOR
AND MAPPER
AIM Engineering & Surveying, Inc. LB 3114
5300 LEE BLVD.
P.O. BOX 1235
LEHIGH ACRES
FLORIDA 33970
(239) 332 4569
FX (239) 332 8734
..
-=
--=
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~ I: -===
~:~
=-- ===. ~
.!._i'l.
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE
COLLIER COUNTY, FLORIDA
EXHIBIT "A"
27 EAST,
OR: 4282 PG: 1554
DESCRIPTION:
A PARCEL OF LAND BEING THE EAST 10.00 FEET OF LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 2719, PAGE 1710, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, ALSO BEING IN THE WEST HALF OF THE WEST HALF
OF SECTION 20, TOWNSHIP 51 S, RANGE 27E, COLLIER COUNTY, FLORIDA.
EASEMENT CONTAINING 1.450 SQUARE FEET, MORE OR LESS.
PREPARED BY:
AIM ENGINEERING & SURVEYIt-JG, INC.
~~. hl'l
RICHARD C. McCARTH) P.s.I~.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5688
0"2.-01-07
DATE
THIS IS NOT A SURVEY
SHEET 1 OF 2
PROJECT NUMBER DESCRIPTION:
06-9272
DRAWN BY.
JSB
10FT EASEMENT
CLIENT
COLLIER CO. WATER DISTRIBUTION
I FILE: I COUNTY:
I 06 9272.DWG COlliER COUNTY
DATE.
2/6/07
SEC TWP RGE
20 51S 27E
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA N
EXHIBIT "A"
NORTH UNE SECTION 2
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N/F MARY ANN KRIST
NON-AGRICULTURAL ACREAGE
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AUTO RANCH ROAD
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lOT 55
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lEGEND
N/F = NOW OR FORMERLY
OR = OFFICIAL RECORD
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R/W ~ RIGHT-OF-WAY
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1 INCH = 100 FEET
AIM Engineering & Surveying, Inc.
= _ 5300 lEE BLVD.
== = P,O. BOX 1235
==- i -== lEHIGH ACRES
=- 5 ~ FLORIDA 33970
57" ..a. "5 (239) 332- 4569
..._.'J. FX (239) 332-8734
LB 3114
THIS IS NOT A SURVEY
10FT EASEMENT
SHEET NUMBER 2 OF 2
PROJECT NUMBER: DESCRIPTION:
06-9272
DRAWN BY, CLIENT
JS8
OA TE: SEC- TWP-RGE
2/6/07 20-51S-27E
COLLIER CO,WATER DISTRIBUTION
FILE:
06-9272.DWG
COUNTY:
COLLIER COUNTY