Utility & Access Easement AgreementProject: Regent Park Villas Wastewater Mains Relocation
Folio No.: 69145260005
UTILITY AND ACCESS EASEMENT AGREEMENT
THIS UTILITY AND ACCESS EASEMENT AGREEMENT (hereinafter referred to as the
Agreement) is made and entered into by and between REGENT PARK VILLAS I
ASSOCIATION, INC., a Florida non profit corporation whose mailing address is c/o Ba view
Management, Inc., 6017 Pine Ridge Road, Suite 241, Naples, Florida 34119 (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 "CCWSD "), whose mailing address is 3335 Tamiami Trail
East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual
non - exclusive Utility and Access Easement over, 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 "Easement Area ") to the CCWSD for the stated purpose of constructing, maintaining and
operating utility facilities thereon, on the terms and conditions set forth herein; and
WHEREAS, Owner desires to convey the Easement Area to CCWSD for the stated
purposes on the terms and conditions set forth herein.
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 Easement Area to CCWSD via a Utility and Access Easement,
in the form attached hereto (Attachment 1"), for the sum of Two Thousand Two
Hundred Twenty Two and 35/100 Dollars ($2,222.35), U.S. currency by County Warrant
or wire transfer (said transaction hereinafter referred to as the "Closing "). At no
additional cost to CCWSD, Owner shall provide a Right of Entry, in the form attached
hereto (Attachment "2 ") over, across and upon Owner's property as described in Exhibit
"B" as attached hereto and made a part hereof, in order to facilitate construction of utility
infrastructure within the Easement Area.
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 underlying the
Easement Area upon their recording in the Public Records of Collier County, Florida.
Owner shall provide such instruments, properly executed, to the CCWSD on or before
the date of Closing.
3. Closing shall occur within sixty (60) days from the date CCWSD executes this
Agreement; provided, however, that CCWSD shall, have the unilateral right to extend the
term of this Agreement.
4. Owner is aware and understands that the "offer" 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 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. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
6. CCWSD shall pay for all costs of recording the conveyance instruments 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 CCWSD.
7. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from,
and to reimburse the CCWSD 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
CCWSD 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.
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 Easement Area 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 property underlying the Easement Area 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 Area before the
Easement Area 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated.
Date Property acquisition approved by BCC: jjkru2 m
AS TO CCWSD: v
DATED: —02
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY (3F- COLLIER
AS TO OWNER:
C"
DATED: A O y ZG
�- 7-�L,
Witness (Signature)
(Print :ZL
itn ss ( ignature)
Name: 1WC1C- LC &YA/Ozj--)S
(Print or Type)
COUNTY AND AS /EX- OFFICI THE -
GOVERNING BOARD OF THE COLLIER
COUN ATE SEWER-DISTRICT
�'a
Ghairw�m�n
REGENT PARK VILLAS I ASSOCIAION, INC.,
a Florida non profit corporation
Stephen Kobin, Vice President
ApprqQeo as to form and).qgal sufficiency
Jeff Wright, Assistant County Attorney
�� -_ -- �•• •vii.
60' RIGHT -OF -WAY
--589-06'091E 26 24'
G
I EA EM ENT 1A
I I
I I
I I I
20' D. E
PER PLAT I�
Q
C� U77LITY EASSWENT JA �-
J I N
' REGENT �AIRK
VILLASI II
O.R. 47f6,
PG. 1737- 117.39
o I r
I
I
o I I
Z �l
I � �
�l \
I
I I
UTILITY E4SEEIIENT �1Bi
POINT OF BEGINNING
EASEMENT 1B i \
l I
POINT OF [:01111E7110E1/ErIT
S. W. CORNER OF LOT 5, \L1 6
BLOCK 5, REGEN PARK' 1 Gh
COLLIER COUNTY FLQRIDA I
I
r� J4 I J
� 11
---- y' - - -� LID --
09 E 1 9R_ 14
LOT 6
GRAPHIC SCALE
0 so 100 200
( IN FEET )
1 inch = 100 tt.
U
OC
r\
L20
- -
LINE TABLE
LINE
BEARING DISTANCE
tC2 For th . Frnl ,_ ive se pf• L 1
S89'O6'09 E 24.89'
I Collier County Government
Cl
I L2
N894742 "E 11.42'
% L3
S9'09'02 'E 2.55'
I David a #, L4
I Florida License No. o. 8834
SO'12'18 E 17.48'
I Not valid without the signature and
9.69'
= original seal of the Florida Licensed L5
N894742 "E 2.75'
Professional Surveyor and Mapper
C3
I c� Certificate of Authorization #7705. L6
S9'09'02 'E 13.89'
I
SO'2l'11 E 22.32'
�L7
=W REGENT PARK 8
N89'OS'09_W 21.88'
jN VILLAS II
7.85'
L9
S89'4742°W 16.02'
b 0. R. 4748,
C5
PG. 470 -472 L10
NO'53'5 1 E 13.65'
01
N89.06'09 "W 13.00'
21.21'
L12
N89'06'09'W 18.00'
10' U. E. L13
PER PLAT
NO'53'51 E 9.00'
�- 5' L14
S89'06'09 "E 49.00'
5
L15
NO'53'51 E 54.40'
SURFACE LEGEND
L16
S89'06'09 'E 53.72'
i EXISTING EASEMENT
L17
NO'05'35 E 41.57'
�! PROPOSED EASEMENT L18
S89'06'09 E 21.93'
�1 L2 L19
SO'12'18 E 41.57'
L3
L4 NOTES
5 1. This is not a survey. L20
N89'O6'09'W 22.15'
L6 2. Bearings shown hereon are based on the North line of Lot 5,
L7 Block 5, Regent Park Replat, according to the Plat thereof,
being S89'06'09 "E.
1 3. No easement search or abstracting
was done by the surveyor
3 and note should be taken that this
property is subject to
^ any facts that may be revealed under a full and accurate
I� title search.
l 4. Unless otherwise indicated, all existing easements shown
I ^ hereon are based on plat.
I W 5. No other persons or entities other
than those listed as
X00 exclusive users may rely on this sketch.
�^ 6. All dimensions are in feet and decimals thereof, unless
otherwise noted.
t cic� 7. Subiect to easements. reservnn-
.,,,,q
rn i
J I�
4i
Z� 0-
oW
^CL
CURVE TABLE
CURVE
RADIUS
LENGTH
DELTA
CHORD BEARING
CHORD
Cl
40.00'
63.60'
91'06'08"
N45'20'47E
57.11'
C2
25.00'
9.69'
22' 12'33"
S 10'53'48 "W
9.63'
C3
15.00'
9.60'
36'39' 17"
S 18'07'52 "W
9.43'
C4
5.00'
7.85'
90'00'00"
N44'06'09"W
7.07'
C5
15.00'
23.56'
90'00'00"
N455351 E
21.21'
- -IRBCT D (DRAINAGE RETENTION)
SKETCH & DESCRIPTION
H
MARCO SURVEYING & MAPPING
3825 BECK BOULEVARD
SUITE 725
NAPLES, FLORIDA 34114
(239) 389 -0026
WWW. MARCOSURVEYS. COM
UTILITY EASEMENTS 1A & 1B
REGENT PARK VILLAS I,
COLLIER COUNTY, FLORIDA
CLIENT. COLLIER COUNTY BOURD OF COUNTY COMMISSIONERS
PROJECT 1. P -034 SUB PROJECT: Regent Park Sketch & Descriptions
DRAFTED BY. DATE SCALE WO NUMBER I I I DRAWING NO.
LNW 712012 1" = 100' 1 11 -198 1 1 OF 3 1 1 -004 ,
Utility Easement 1A Description
Being a portion of Lot 5, Block 5, Regent Park Replat, as recorded in Plat Book 14, at Pages 57 and
58, of the Public Records of Collier County, Florida, also being a portion of those lands described in the
Amended Declaration of Condominium for Regent Park Villas 1, as recorded in Official Records Book 4786,
at Pages 1737 -1739, of the Public Records of Collier County, Florida, being more particularly described
as follows:
COMMENCING at the southwesterly corner of Lot 5, Block 5, of Regent Park Replat, as recorded in Plat
Book 14, at Pages 57 and 58, of the Public Records of Collier County, Florida, said point also being on
the easterly right of way line of Regent Circle as shown on said plat of Regent Park Replat; thence run
North 00 °12'18" West, along the easterly right of way line of said Regent Circle, for a distance of 740.11
feet; thence northeasterly along the easterly right of way line of said Regent Circle and the arc of a
tangential curve to the right with a radius of 40.00 feet, having a chord bearing of North 45 °20'47" East
and a chord distance of 57.11 feet, having a central angle of 91'06'08" and on arc length of 63.60 feet;
thence run South 89 °06'09" East, along the southerly right of way line of said Regent Circle, for a
distance of 226.24 feet; to the POINT OF BEGINNING.
From the POINT OF BEGINNING run South 89'06'09" East, along the southerly right of way line of said
Regent Circle, for a distance of 24.89 feet to the northeasterly corner of those lands described in the
Amended Declaration of Condominium for Regent Park Villas 1, as recorded in Official Records Book 4786,
at Pages 1737 -1739, of the Public Records of Collier County, Florida; thence southerly along the easterly
line of those lands described in the Amended Declaration of Condominium for Regent Park Villas I, as
recorded in Official Records Book 4786, at Pages 1737 -1739, of the Public Records of Collier County,
Florida and along the arc of a non — tangential curve to the left, whose radius point bears South
67'59'56" East with a radius of 25.00 feet, having a chord bearing of South 10 °53'48" West and a chord
distance of 9.63 feet, having a central angle of 22 °12'33" and an arc length of 9.69 feet; thence run
South 00'12'18" East, along the said easterly line of Regent Park Villas I, for a distance of 422.86 feet,
thence run North 89 °47'42" East, along the said easterly line of Regent Park Villas I, for a distance of
11.42 feet to its intersection with the westerly line of the 10 foot utility easement as shown on the plat
of Regent Park Replat, as recorded in Plat Book 14, of Pages 57 and 58, of the Public Records of
Collier County, Florida; thence run South 09 °09'02" East, along the westerly line of said 10 foot utility
easement, for a distance of 2.55 feet to its intersection with the said easterly line of Regent Park Villas
I; thence run South 00 °12'18" East, along the said easterly line of Regent Park Villas I, for a distance of
17.48 feet; thence run North 89'47'42" East, along the said easterly line of Regent Pork Villas 1, for a
distance of 2.75 feet to its intersection with the westerly line of the 10 foot utility easement as shown
on the plat of Regent Park Replat as recorded in Plat Book 14, at Pages 57 and 58, of the Public
Records of Collier County, Florida; thence run South 09 °09'02" East, along the westerly line of said 10
foot utility easement, for a distance of 13.89 feet; thence run South 00 °21'11 " East, along the westerly
line of said 10 foot utility easement, for a distance of 22.32 feet to its intersection with the said
easterly line of Regent Park Villas I, thence southerly along the said easterly line of Regent Park Villas 1,
and the arc of a non — tangential curve to the left, whose radius point bears South 53 °32'30" East with a
radius of 15.00 feet, having a chord bearing of South 18 °07'52" West and a chord distance of 9.43 feet,
having a central angle of 36 °39'17" and on arc length of 9.60 feet; thence run South 00 °12'18" East,
along the said easterly line of Regent Park Villas I, for a distance of 135.17 feet to its intersection with
the northerly line of the 10 foot utility easement as shown on the plat of Regent Park Replat, as
recorded in Plat Book 14, at Pages 57 and 58, of the Public Records of Collier County, Florida; thence
run North 89 °06'09" West, along the northerly line of said 10 foot utility easement, for a distance of
21.88 feet; thence run North 00 °05'35" East, for a distance of 213.68 feet; thence run South 89 °47'42"
West, for a distance of 16.02 feet; thence run North 00 °12'50" West, for a distance of 418.86 feet to
the POINT OF BEGINNING.
Containing 14,060 square feet or 0.323 Acres more or less.
Subject to easements, reservations and restrictions of record.
MARCO SURVEYING & MAPPING
3825 BECK BOULEVARD
SUITE 725
NAPLES, FLORIDA 34114
(239) 389 -0026
WWW. MARCOSURVEYS. COM
SKETCH & DESCRIPTION
UTILITY EASEMENTS, PART OF
REGENT PARK VILLAS 1,
COLLIER COUNTY, FLORIDA
COLLIER COUNTY BOURD OF COUNTY COMMISSIONERS
rrrCJ 1 I: N -0.54 SUB PROJECT Regent Park Sketch & Descri tions
DRAFTED B Y DATE SCALE WO NUMBER SHEET i# DRAWING N0.
LNW 1 712012 NA 11 -198 2 OF 3 1 -004 ,
A
�q� 3 013
Utility Easement 1B Description
Being a portion of Lot 5, Block 5, Regent Park Replat, as recorded in Plat Book 14, at Pages 57
and 58 of the Public Records of Collier County, Florida, also being a portion of those lands described
in the Amended Declaration of Condominium for Regent Park Villas 1, as recorded in Official Records
Book 4786, at Pages 1737 -1739, of the Public Records of Collier County, Florida, being more
particularly described as follows:
COMMENCING at the at the Southwesterly corner of Lot 5, Block 5, of Regent Park Replat, as
recorded in Plat Book 14, at Pages 57 and 58, of the Public Records of Collier County, Florida;
thence run South 89 °06'09" East, along the southerly line of said Lot 5, for a distance of 198.14
feet to the southeasterly corner of those lands described in the Amended Declaration of
Condominium for Regent Park Villas I as recorded in Official Records Book 4786, at Pages
1737 -1 739 of the Public Records of Collier County, Florida; thence run North 00'5351 " East, along
the easterly line of those lands described in the Amended Declaration of Condominium for Regent
Park Villas I as recorded in Official Records Book 4786, at Pages 1737 -1739 of the Public Records
of Collier County, Florida, for a distance of 13.65 feet, thence run North 89 °06'09" West, along the
said easterly line of Regent Park Villas I, for a distance of 13.00 feet; thence northwesterly along the
said easterly line of Regent Park Villas 1, and the arc of a non — tangential curve to the left, whose
radius point bears North 89 °06'09" West with a radius of 5.00 feet, having a chord bearing of North
44 °06'09" West and a chord distance of 7.07 feet, having a central angle of 90'00'00" and an arc
length of 7.85 feet; thence run North 89 °06'09" West, along the said easterly line of Regent Park
Villas I, for a distance of 18.00 feet; thence run North 00 °53'51 " East, along the said easterly line of
Regent Park Villas 1, for a distance of 9.00 feet; thence run South 89 °06'09" East, along the said
easterly line of Regent Park Villas 1, for a distance of 49.00 feet; thence run North 00 °53'51 " East,
along the said easterly line of Regent Park Villas 1, for a distance of 54.40 feet; thence northeasterly
along the said easterly line of Regent Park Villas 1, and along the arc of a tangential curve to the
right with a radius of 15.00 feet, having a chord bearing of North 45 °53'51 " East and a chord
distance of 21.21 feet, having a central angle of 90 °00'00" and on arc length of 23.56 feet; thence
run South 89 °06'09" East, along the said easterly line of Regent Park Villas 1, for a distance of
53.72 feet, to the POINT OF BEGINNING.
From the POINT OF BEGINNING run North 00 °05'35" East, for a distance of 41.57 feet to its
intersection with the southerly line of the 10 foot utility easement as shown on the plat of Regent
Park Replat as recorded in Plat Book 14 at Pages 57 and 58 of the Public Records of Collier
County, Florida; thence run South 89 °06'09" East, along the southerly line of said 10 foot utility
easement, for a distance of 21.93 feet to its intersection with the said easterly line of Regent Park
Villas 1, thence run South 00 °12'18" East, along the said easterly line of Regent Park Villas I, for a
distance of 41.57 feet; thence run North 89'06'09" West, along the said easterly line of Regent Park
Villas 1, for a distance of 22.15 feet to the POINT OF BEGINNING.
Containing 916.14 square feet or 0.021 acres more or less.
Subject to easements, reservations and restrictions of record.
SKETCH OF DESCRIPTION
UTILITY EASEMENTS, PART OF
REGENT PARK VILLAS I,
COLLIER COUNTY, FLORIDA
MARCO SURVEYING & MAPPING
CLIENT. COLLIER COUNTY BOURD OF COUNTY COMMISSIONERS
3825 BECK BOULEVARD
SUITE 725
PROJECT Ji` P -034
I SUB PROJECT'
Regent Park Sketch & Descrl tions
NAPLES, FLORIDA 34114
OVEYS
DRAFIEO BY.•
DATE
SCALE
WO NUMBER
SHEET
DRAWING 10.
WWW- MARCOSUR COM
LNW
712012
1 NA
11 -198
1 3 OF 3
1 1 -004 ,