Whittenberg HOA Access Esmt. Agmt.
PROJECT: MPS 312 Rehabilitation
FOLIO: 81820000322
ACCESS EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this ~ day of ~ , 2010, by and between
WHITTENBERG HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit corporation whose
mailing office address is c/o Ability Management, Inc., 6736 Lone Oak Boulevard, Naples
34109 (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, (hereinafter referred to as "Purchaser"), whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive Access Easement for the
purpose of access to, over, 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:
Owner shall convey the Property via an Access Easement to Purchaser for the sum of
One Thousand Eight Hundred and no/100 Dollars ($1,800.00), U.S. currency by County
Warrant or wire transfer (said transaction hereinafter referred to as the "Closing"). In
addition, and at no additional cost to Purchaser, Owner shall convey to State of Florida,
Acting Through the Department of Transportation, an Access Easement to, over, upon
and across the lands described in Exhibit "B" attached hereto for purposes of accessing
the State of Florida retention pond lying easterly of Owner's property. The procedure to
be followed by the parties in connection with the Closing shall be as follows:
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.
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
Owner agrees to convey the Easement for the purpose of constructing access facilities
and for access to utility facilities within utility easements on land owned by Glen Eagle
Golf & Country Club, Inc. lying easterly of Owner's property, for constructing, operating
and maintaining such utility facilities.
Owner represents that the Easement Area and all uses of the Easement Area 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
Easement Area except as specifically disclosed to CCWSD; that the Owner has no
knowledge of any spill or environmental law violation on any property contiguous to or in
the vicinity of the Easement Area to be conveyed to CCWSD; that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the Easement Area, b)
any existing or threatened environmental lien against the Easement Area or c) any
lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or
transfer of hazardous substances on the Easement Area.
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.
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,
Easement Agreement
Page 2
successors, successor trustees, and/or assignees, whenever the context so requires or
admits,
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 assignees whenever the context so requires or
admits,
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,
This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
,;)/, day of Oc.-k:J~ ,2010,
Date Property acquisition approved by BCC: Oc--/t:J~ a./, J ~l 0
AS TO PURCHASER:
DATED: ICJ-~ -16
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA. AS
THE GOVERNING BODY OF.C'ClLUER
COUNTY AND AS EX-OFFIC\OTHE
GOVERNING BOARD OF TtlE COLLIER
COUNTY WATER-SEWER OISTFtICT
~~'-L w CP~~
BY: Fred Coyle, Chairman '.' .
~ ....
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AS TO OWNER:
DATED: (i 1"J-~//(::
?L~
Witness (Signature)
Name) l.(jt. UWlc.fL
(.tint~ '
/V~~
itness (Signature)
Name:ffi,lfi/((
(Print or Type)
WHITTENBERG HOMEOWNERS ASSOCIATION,
I~ Florida nonPQPoration
~a~Ao~ ';:f'AA~L
B rbara Puch, President
/7
f:-;UJ
Approved as to form and legal sufficiency
~:fJ1v ~
Jennifer ,White, Assistant County Attorney
Easement Agreement
Page 3
Exhibit "A"
Being Tract "HH" as shown of the Plat of Whittenberg Villas recorded at Plat Book 28, Pages
19 to 21, inclusive, of the Public Records of Collier County, Florida; and
Easement Agreement
Page 4
Exhibit "B"
Being Tract "HH" as shown of the Plat of Whittenberg Villas recorded at Plat Book 28, Pages
19 to 21, inclusive, of the Public Records of Collier County, Florida; and
Being that portion of Tract "A", as shown on the Plat of Whittenberg Villas recorded at Plat
Book 28, Pages 19 to 21, inclusive, in the Public Records of Collier County, Florida, lying
southerly of an extension of the north boundary of the aforesaid Tract "HH" as shown on said
Plat.
c:::o~r C:::Ou:....:ty
- --.....
Memorandum
TO:
Minutes and Records Management
FROM:
Marlene J. Mclaughlin
DATE:
November 8,2010
RE:
Master Pump Station 312 Rehabilitation Project
Please find enclosed one (1) original Access Easement Agreement (we
don't normally record Agreements) for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved
this item on October 26,2010, item number 16(C)(3).
Please contact me if you have any questions or comments at extension
#8922.
Thank you,