Parcel 114DE
PROJECT: Collier Blvd. Project No. 60001/60073
PARCEL No(s): 114DE
FOLIO No(s): a portion of folio 26095000109
DRAINAGE EASEMENT AGREEMENT
THIS DRAINAGE EASEMENT AGREEMENT (h;[einafter referred to as the
"Agreement") is made and entered into on this ,5' day of k ~.k".......b.v- .
20 0 '\. by and between SOUTHERN MANAGEMENT CORPORATION, a Florida
corporation , whose mailing address is 324 S.W. 16thStreet,BelleGlade,FI 33430,
(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a perpetual drainage easement over, under, upon
and across the lands described in Exhibit "A", which is attached hereto and made a part
of this Agreement (hereinafter referred to as the "Drainage Easement"); and
WHEREAS, Purchaser has threatened condemnation; and
WHEREAS, Owner has agreed to convey the Drainage Easement to Purchaser
under the threat of condemnation for the stated purposes, on the terms and conditions
set forth herein; and
WHEREAS, Purchaser and Owner have agreed that Owner will be compensated
for conveyance of the Drainage 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. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Easement to Purchaser for the sum of:
$18,000.00
Said payment to Owner, payable by County Warrant to Akerman, Senterfitt &
Eidson, P.A. Trust Account, shall be full compensation for the Easement
conveyed, including all landscaping, trees, shrubs, improvements, and fixtures
located thereon, and shall be in full and final settlement of any damages resulting
to Owner's remaining lands, costs to cure, including but not limited to the cost to
relocate the existing irrigation system and other improvements, and the cost to cut
and cap irrigation lines extending into the Easement, and to remove all sprinkler
valves and related electrical wiring, and all other damages in connection with
conveyance of said Easement to Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. At or prior to Closing, Owner shall provide Purchaser with a copy of any existing
prior title insurance policies. Owner shall cause to be delivered to Purchaser the
items specified herein and the following documents and instruments duly executed
and acknowledged, in recordable form (hereinafter referred to as "Closing
Documents") on or before the date of Closing:
(a) Drainage Easement;
{M2837664;1}
Page 2
(b) Closing Statement;
(c) Taxpayer Identification;
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement by
the Purchaser; 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 or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Easement. At Closing,
payment shall be made to Owner in that amount shown on the Closing Statement
as "Net Cash to Seller," and Owner shall deliver the Closing Documents to
Purchaser in a form acceptable to Purchaser.
5. Owner its successors or assigns shall have the absolute right and privilege to use
the legally described land for all other purposes except herein granted. This
Drainage Easement is being granted upon the condition that any area outside of the
Drainage Easement that is disturbed or damaged by Grantee shall be restored by
Grantee to its existing condition. Additionally, the Drainage Easement is being
granted upon the condition that Grantee shall construct this Project in substantial
conformance with the Construction Plans in existence at the time Grantee made its
initial offer to purchase the Drainage Easement.
6. Owner and Purchaser agree to do all things which may be required to give effect
to this Agreement immediately as such requirement is made known to them or
they are requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to enter into and to execute this
Agreement, to execute, deliver and perform its obligations under this
Agreement and the instruments executed in connection herewith, to
undertake all actions and to perform all tasks required of Owner
hereunder and to consummate the transaction contemplated hereby.
(b) Purchaser's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part
of Owner to be performed pursuant to the provisions of this Agreement.
(c) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the
property underlying the Easement or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Easement, without first obtaining the written consent of Purchaser to such
conveyance, encumbrance, or agreement, which consent may not be
unreasonably withheld by Purchaser. However, Owner .without consent of
Purchaser, can enter into a contract to sell the entire property and close
on said contract as long as Owner assigns all of its rights and obligations
under this Agreement to its buyer and provides Purchaser with notice of
said assignment.
(d) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Easement.
{M2837664; 1}
Page 3
(e) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the Easement which has not been disclosed to Purchaser in writing prior
to the effective date of this Agreement.
(f) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
Easement to change from its existing state on the effective date of this
Agreement up to and including the date of Closing. Therefore, Owner
agrees not to enter into any contracts or agreements pertaining to or
affecting the property underlying the Easement and not to do any act or
omit to perform any act which would adversely affect the physical
condition of the property underlying the Easement or its intended use by
Purchaser.
8. Purchaser shall pay all fees to record any curative instruments required to clear
title, all 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 Easement.
9. 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.
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.
(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 . Conveyance of the Drainage Easement constitutes 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. No modification, amendment or cancellation of this Agreement
shall be of any force or effect unless made in writing and executed and dated by
both Owner and Purchaser.
12. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
13. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
~ ~
{M2837664;1}
Page 4
IN WITNESS WHEREOF, the parties hereto have executed this Drainage
Easement Agreement on the date first above written.
AS TO PURCHASER:
;,.Clerk..~
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11i',Wtn Oft. II
BOARD OF C UNTY COMMISSIONERS
COLLIER C .,,~O:2
IALA, Chairman
AS TO OWNER:
SOUTHERN MANAGEMENT
CORPORATION, a Florida corporation
DATED: ~j;rr./o/
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Witness (Sig~Ure)
irIlffllA 6-. f?/,f.5t~
Name (Print or Type)
~~
Witness (Signature)
r;l~ l;q~~ ~ //
Name (Print or Type)
~~M
ignature)
G. IJ1IC)o..{I { 72d'j ().. L
Name (Print or Type)
Pr-es ,cl.J1tv-t
Title
Approved as to form and
legal sufficiency:
~
Last Revised: 2/19/09
{M2837664; 1}
Project:
PARCEL:
Folio No,:
Collier Blvd, Project No, 60001/60073
114DE
a portion of folio 26095000109
II
EXHIBIT
Page~ of-L
.f
DRAINAGE EASEMENT
THIS EASEMENT, made and entered into this _ day of
,20_, by SOUTHERN MANAGEMENT CORPORATION., a
Florida corporation, whosemailingaddressis324S.W.16thStreet.BelleGlade.FI
33430, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political
subdivision of the State of Florida, 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 and
assigns, Grantor and Grantee are used for singular or plural, as the context requires.)
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, a
perpetual, non-exclusive drainage easement to enter upon and to install and maintain
drainage structures and facilities, including but not limited to ditches, swales, earthen
berms, rip-rap and retaining wall systems, underground pipes, and various types of
water control structures over, under, upon and across 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 and to place and/or excavate materials for the purpose of
constructing, operating, and maintaining drainage facilities thereon, This easement
includes the right to remove and use any and all excavated material. The easement
granted herein shall constitute an easement running with the land and shall burden the
lands described above.
Southern Management Corp, and its successors or assigns shall have the absolute
right and privilege to use the legally described land for all other purposes except herein
granted. This Drainage Easement is being granted upon the condition that any area
outside of the Drainage Easement that is disturbed or damaged by Grantee shall be
restored by Grantee to its existing condition. Additionally, the Drainage Easement is
being granted upon the condition that Grantee shall construct this Project in substantial
conformance with the Construction Plans in existence at the time Grantee made its
initial offer to purchase the Drainage Easement.
EXHIBIT
pAnlll 'LM of .3
""lr"_ _
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
WITNESSES:
(Signature)
(Print Name)
(Signature)
(Print Name)
STATE OF
COUNTY OF
The foregoing Drainage Easement was acknowledged before me this _ day of
20_ by ,
as of SOUTHERN MANAGEMENT CORPORATION,
who:
is personally known to me
OR
produced
identity.
as proof of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial I Commission # (if any):
My Commission Expires:
Serial I Commission # (if any):
My Commission Expires:
HIBfT '! F1
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lC-49
PARCEL 114 Df:
A portion of Let 2. City Gate Commerce
Center Phose One. Plot Book 41, poges 5-7
of the Public Records of Collier County.
Florida. Also be!r.g 0 portion of Section 35.
Township 49 South, Range 26 East. Coliier
COU:"'lty, Fiorida. 8ein<J more porticl;lorly
described as follOws:
L-
8eginning at the northwest corner at said
Lot 2, Ihence North 89'30'55" Eost olong the
North line of said Lot 2, 0 distance of 22.00
feet; :hc1'1ce leoving said North line South
00'29'21" Eost. 0 distonce ot 32,09 teet;
Thence South 89'.30',3.4" West, 0 cistonce of
22.00 feet to 0 point en the East
right -of -way line of CoWer Boulevord; Thence
North 00'29'21" West olong said Eost
right-ot-way Ji(1e. a distance of 32.09 feet
to the POINT OF BECINNING,
Contoining 706 squore feel or 0.0162 ocres,
more or less,
~_...."-"-- liNE TABLE i
1~~~~t=pi~~8=F~::~:~:~-~~E..:l
i L2 I 32.09 : 500'29'21;;-E1
I L.3 I noo i S89'.3O' 34~;-W:
l__L.4 I 3209 i NOO:2'9:2,.;'V:7l
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25.5i> 100 :!OJ
GRAPHIC SCALE
NOTES:
Th;s :s roat 0 survey,
2, Basis of bearing is the West line of
Section 35, Township 49S" Range 26E.,
COllier County, Florida, being N 00'29'21"
VI, F'lorido State Plone Coordinates NAG
83/90, Eost Zone.
3. Subject to easements, reservations
cnd restrictions of record,
4. Easements shown hereon ore per piotj
unless otherwise noted.
5. Dimensions ore if) feet and decimals
thereof.
6. Ce:titicote of authorizaticn La 43.
7. R/W represents Right-of-Way.
8, P,O,B, represents Point at Beginning
9. P.O.C, "epresents POJl'1t of
Comrnel"1cement.
1 O. O.R, represents Officio: Records.
; I. L.B.E. represents :"'cndscape Buffer
Easement.
12, u,E, represents Utility Easement.
)3, F,P,L.E. represents Florida Power &
Licht Easement.
14, DL represents Drainage Easement.
15. C.A.E. represents Cenol Access
Easement.
16, P,UL represents Public Utility
Easement.
Q,
!U.;.'VlYJ
DAViD J, HY (FOR THE FIRM)
FLA, ue, N~ 5834
NOT VAllO W,THOUT THE SICNATuRE ANa THE
ORIGiNAL RAISED SEAL OF A FLORIDA~iCENS[D
SURVEYOR AND MAPPER
This is NOT a Survey.
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PllOIlEl:l' NO: SHEET
N6015-S0lJ-OOl 114 DE OF X
reb 14, 2008 - 10,3H6 rOSaORNElX:\SUR\collier bi,d\CH2MHiU\' C-'9\ tC-'9-PI 14-0Ldwg
DRAWlHO IIIDEX NO:
lC-49
RE.V: