Fuller Easement Agreement
,
"
,
PROJECT: Catalina Drive Utility Relocation
Project NO.: 730451
FOLIO NO.: 63103840201
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this (---- day of h 6 , 2008, by and between
MICHAEL S. FULLER, INDIVIDUALLY and as TRUSTEE of the MICHAEL S.
FULLER REVOCABLE TRUST dated September 13th, 2000 (hereinafter referred to as
"Owner"), whose mailing address is 50 Mahogany Drive, Naples, Florida, 34108, 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 t.he 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 Seven Thousand and no/100 Dollars ($7,000.00), 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 exe.cution 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
q-
d'
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. 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. If the Owner holds the land underlying the Property 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 land underlying the Property before the
Property 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.
EA-UE
Easement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this c;7l-i day of A'P~I L , 2008.
Date Property acquisition approved by BCC:
AS TO PURCHASER
DATED 'f/~/O <t'
I ,
,\' ~ \ ',"." . . . i " ; I ,
.,."..\'
rk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OFTHE COLLIER
COUIR-S ER"'~~~~:
BY:
rOM iltr.Nl-/fN(r, Chairman
ATTEST:
DWIGHT E. BROCK, Clerk
,
0"'1."
."
. C (P~'f:;1'
d
. <'",'\
'"
. .....".
'....
-~ :...
DATED 2j<;/U:;S'
,
7'//~
Witness (Signature)
Name: /~~...: R. (,f/c;
(Prin or Type)
Name/J /JI//~ A ,l?It:!.J~
(Print or Type)
Approved as to form and
legal sufficiency
~}.'~~
Jennifer A. Belp
Assistant County rney
EA-UE
,
,
\
COLLIER COUNTY GOVERNMENT
COUNTY GOVERNMENT CENTER
3301 E. TAMIAMI TRAIL, BLDG. H
NAPLES, FLORIDA 34112
SECTION 13 and 18. TOWNSHIP 50 SOUTH, RANGE 25 EAST
Additions or deletions by other thon the Professional Land Surveyor in responsible charge is prohibited.
Land Description is invalid without signature and/or embossed seal of the Professional land Surveyor
DESCR1PTlON
Catalina Drive Utility Relocation - 10' Utility Easement
A portion of Outlot "B" of NAPLES SOUTH, Unit No. 1 according to Plat Book 4, Page 90 of
the Public Records of Collier County, Florida, being mare particularly described as fallows:
Commence at the Southeast corner of Section 13, Township 50 South, Range 25 East; thence
North 01"35'20" West along the East line of said Section 13 a distance of 149.72 feet to 0
point on the Northeasterly right of way line of U.S. 41 (Tamiami Trail) per said plot of
NAPLES SOUTH, Unit No.1, also being the POINT OF BEGINNING; thence along said right of way
line North 39"05'20" West 0 distance of 150.29 feet; thence leaving said right of way line
North 50"54'40" East 0 distance of 10.00 feet to a line parallel with said right of way line of
U.S. 41; thence along said parallel line South 39'05'20" East a distance of 213.28 feet to 0
point an the Northwesterly right of way line of Catalina Drive per said plot of NAPLES SOUTH,
Unit No.1; thence along said right of way line of Catalina Drive South 50"54'40" West 0
distance of 1 0.00 feet to said Northeasterly right of way line of U.S. 41; thence along said
right of way line North 39"05'20" West 0 distance of 62.99 feet to the POINT OF BEGINNING.
Containing 2132.80 square feet, more or less.
NOTE: Basis of Bearing is the East line of Section 13, Township 50 South, Range 25 East,
bearing being North 01'35'20" West.
IE
TBE GROUP. t-lC.
Engin~.P/onners.Subsurfactl Utility EnginftflrS
Surwt)KN'S and Uopptll'S
Jl50 Po'"' Ploce Boul.-d. CI__I.., Flarldcl JJ7~
T.I~~ (727) ~l-~:I, Foal",n. (n7) 431-1701
c.rlllicol. 01 Aull>orilOlIoI'I' La &66ll
Slot.orFlorido
SHEET 1 OF 2
Parcel Name: Catalina Utility Relocation
10' Utility Easement
COLLIER COUNTY GOVERNMENT
COUNTY GOVERNMENT CENTER
3301 E. TAMIAMI TRAIL, BLDG. H
NAPLES. FLORIDA 34112
SECTION 13 and 18, TOWNSHIP 50 SOUTH, RANGE 25 EAST
Additions or deletions by other thon the Professional Land Surveyor in responsible charge is prohibited.
land Description is invalid without signature and/or embossed seal of the Professional Land Surveyor
13-Q1--0
'So""",,,
'5:
O-<''f
~J'",
-;1;.'1l
/ <;.
'oz.:
(<'
"
" 30.0' FLORIDA POWER &
/ LIGHT COMPANY EASEMENT
0<1>"
,
NAPLES SOUTH
UNIT NO. 1
PLA T BOOK 4, PAGE
OUTLOT "B"
w
-'
<(
U
(f)
o
l-
I-
o
Z
'\.
'\
~
90
SKETCH
NOT A SURVEY
17,>
,of).
q:, -?"0
~-?~
-?/'''''
~
~0
10-
ctP.
OU'_
~
0-.
~
J'
ctP.
OU'.
"'0..
('
Line
L1
L2
LINE TABLE
Bearing
N 50' 54' 40" E
S 50' 54' 40" W
Distance
10.00'
10,00'
(/
'J'
/
POINT OF BEGINNING
5;10-
ctP,
~ ~ OU'.
Q) ~
L{)";- '.9 "'0..
n .9.
~
EAST LINE OF SECTION 13,
TOWNSHIP 50 SOUTH,
RANGE 25 EAST
~
o
IE
T8E GROUP, INC,
€ngineers.PlannM1l.SubSVl'facfl Utility Engineers
Surwtyors ond UoppfllfS
380 Pork p~ SOIJ_d. 0-..01., F1ar1do 33m
T....- (727) 53'-~, Fonl"," (727) 431-1701
c.UlIcote or Authorlzollcn, L8 H~e
StoleolFlorfdo
Z POINT OF COMMENCEMENT
SOUTHEAST CORNER OF SECTION 13,
TOWNSHIP 50 SOUTH,
RANGE 25 EAST
'..~
CALCULATED BY:
JDL
CHECKED BY:
DJH
The above Sketch and/or Land description was prepared under my supervision and is true and
correct to the best of my knowledge d belief and meets the standards as set forth in
Chapter 6 17-6, lorido Administrot" e Code.
/.:2-;'~"7
LICENSE NUMBER, 5196
SEAL
DATE
DEBORAH J. HILL, PR ESSIONAL SURVEYOR AND MAPPER
STATE OF FLORIDA, PHONE 727 531-3505
SHEET 2 OF 2
Parcel Nome: Catalina Utility Relocation
10' Utility Easement