Folio #52505030125, 52505030167, 52505030086 & 00431520609 UAE Agreement Project: Sabel Bay Force Main
Folio No.: 52505030125, 52505030167, 52505030086 & 00431520609
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 MINTO SABAL BAY, LLC, a Florida
limited liability company whose mailing address is 4400 W. Sample Road, Suite 200, Coconut
Creek, Florida 33073 (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:
1. 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 Thirty Three Thousand dollars
One Hundred Fifty Four and no 00/100 Dollars ($33,154.00), U.S. currency by County
Warrant or wire transfer (said transaction hereinafter referred to as the "Closing").
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. CCWSD shall repair or replace at their cost any existing or future above ground/below
ground improvements such as landscaping, walls, signs, access roads, utilities, etc., to
existing conditions or better due to the repair and/or replacement of the CCWSD owned and
maintained wastewater force main. Additionally, the Owner, its successors and assigns,
may utilize the Easement Area for access, and is allowed to construct site improvements,
including, and not limited to access roads, walls, signage structures, utilities, landscaping,
within the Easement Area.
4. 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 for a period not to exceed 60 days
5. 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.
6. Owner represents that to the Owner's knowledge, 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 to the Owner's knowledge, 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.
7. 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
CA
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.
8. 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 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
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. 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.
11. 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 CCWSD, 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.)
12. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated.
Date Property acquisii on approved by BCC: h rt I (2d , 1 L1
AS TO CCWSD:
DATED:111V 1/l( 72 .2&1L
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODYOF COLLIER
COUNTY AND AS EX-ORFI:CIO THE
GOVERNING BOAR OF"T-HE COLLIER
COUNTY VVVATER-$ WER DISTRICT
• C-2.C� BY''� .1�?i� ✓', -' ,i, f�r!�0. C,� \
+ ►r , Jerk Tom`He-nnning, Cha n i`''''+Fi+ii1tt'L�`�
r as to_•'�' .!1*-
Attest
signature only.
AS TO OWNER:
•
DATED: J I S I _ MINTO SABAL BAY, LLC.
a Florida Um' d °ability company
A :'.ir7 By:
Witnes: 4, ature) s Al
Name ft _ I 'A I ' ' Print Name: (\�l l�iCm 6k.D l is o K.
(Print or y e)
�____,......."."7 Title: ' - ..r CI
Witnes ignature)
Name: Ic ;it,,, , azc:.€ii cL
(Priiiit or Type)
Approved as to form and legality
0. . . 0 —111111■La.i
Assistant unty Atto ey
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B arraco www.barraco.net
and Associates, Inc. Civil Engineers,Land Surveyors and Planners
DESCRIPTION
Parcel in
Section 19, Township 5o South, Range 26 East
Collier County, Florida
A tract or parcel of land lying in Tract "0-2" of the record plat "Isles of Collier Preserve Phase
1" recorded in Plat Book 54, Page 3 of the Public Records of Collier County, Florida, said tract
or parcel of land being more particularly described as follows:
Beginning at the Most Northerly corner of said Tract "0-2" run S39°03'58"E along
the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 9o)
(F.D.O.T. right of way Section No. 03010-2116) (200 feet wide) for 487.97 feet to the
Northerly most corner of lands described in deed recorded in Official Records Book
4933, at Page 1394, Collier County Records; thence run S5o°56'02"W along the
Northwesterly line of said lands for 15.0o feet; thence run N39°03'58"W parallel
with said Southwesterly right of way line for 485.37 feet to a intersection with the
Northwesterly line of said Tract "0-2"; thence run N41°05'30"E along said
Northwesterly line for 15.22 feet to the POINT OF BEGINNING.
Containing 0.17 acres, more or less.
Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007)
and are based on the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road
No. 90) (F.D.O.T. right of way Section No. 03010-2116) to bear S39°03'58"E.
Scott A. Wheeler (For The Firm)
Professional Surveyor and Mapper
Florida Certificate No. 5949
L:\23099-Sabal Bay Phase i\Descriptions\Sketch\23099ski6.doc
Post Office Drawer 2800 • Fort Myers, FL 33902
Phone(239)461-3170 • Fax(239)461-3169
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arraco
www.barraco.net
and Associates, Inc. Civil Engineers,Land Surveyors and Planners
DESCRIPTION
Parcel in
Section 19, Township 50 South, Range 26 East
Collier County, Florida
A tract or parcel of land lying in Section 19, Township 50 South, Range 26 East, Collier County,
Florida, said tract or parcel of land being more particularly described as follows:
Beginning at the Most Easterly corner of of lands described in deed recorded in
Official Records Book 4933, at Page 1394, Collier County Records, also being the
Most Northerly corner of Tobago Boulevard, a portion of Tract "R" of the record
plat "Isles of Collier Preserve Phase 1" recorded in Plat Book 54, Page 3 of the
Public Records of Collier County, Florida, run S39°03'58"E along the
Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road No. 90)
(F.D.O.T. right of way Section No. 03010-2116) (200 feet wide) for 3,434.14 feet
to the Northeast corner of lands described in deed recorded in Official Records
Book 2605, at Page 2481, Collier County Records; thence run S88°10'52"W along
the Northerly line of said lands for 18.84 feet; thence run N39°03'58"W parallel
with said Southwesterly right of way line for 3,422.73 feet to a intersection with
the Southeasterly line of said lands described in Official Records Book 4933, at
Page 1394; thence run N5o°56'02"E along said Southeasterly line for 15.00 feet to
the POINT OF BEGINNING.
Containing 1.18 acres, more or less.
Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007)
and are based on the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road
No. 9o) (F.D.O.T. right of way Section No. 03010-2116) to bear S39°03'58"E.
Scott A. Wheeler (For The Firm)
Professional Surveyor and Mapper
Florida Certificate No. 5949
L:\23099-Sabal Bay Phase i\Descriptions\Sketch\23o99ski7.doc
Post Office Drawer 2800 • Fort Myers,FL 33902
Phone(239)461-3170 • Fax(239)461-3169
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www.barraco.net
Band Associates, Inc. Civil Engineers,Land Surveyors and Planners
DESCRIPTION
Parcel in
Section 19, Township 50 South, Range 26 East
Collier County, Florida
A tract or parcel of land lying in Section 19, Township 5o South, Range 26 East, Collier County,
Florida, said tract or parcel of land being more particularly described as follows:
Commencing at the Southeast corner of said Section 19 run S88°10'52"W along
the South line of the Southeast Quarter (SE 1/4) of said Section 19 for 845.20 feet
to an intersection with the Southwesterly right of way line of Tamiami Trail (U.S.
41) (State Road No. 90) (F.D.O.T. right of way Section No. 03010-2116) (200 feet
wide) and the POINT OF BEGINNING.
From said Point of Beginning continue S88°10'52"W along said South line for
18.84 feet; thence run N39°o3'58"W parallel with said Southwesterly right of way
line for 62.81 feet to a intersection with the Southerly line of said lands described
in deed recorded in Official Records Book 2605, at Page 2481, Collier County
Records; thence run N88°10'52"E along said Southerly line for 18.84 feet to an
intersection with said Southwesterly right of way line; thence run S39°03'58"E
along said Southwesterly right of way line for 62.81 feet to the POINT OF
BEGINNING.
Containing 0.02 acres, more or less.
Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007)
and are based on the Southwesterly right of way line of Tamiami Trail (U.S. 41) (State Road
No. 90) (F.D.O.T. right of way Section No. 03010-2116)to bear S39°03'58"E.
• -— ,4//4
Scott A. Wheeler (For The Firm)
Professional Surveyor and Mapper
Florida Certificate No. 5949
L:\23o99-Sabal Bay Phase i\Descriptions\Sketch\23o99ski8.doc
Post Office Drawer 2800 • Fort Myers,FL 33902
Phone(239)461-3170• Fax(239)461-3169
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PROJECT: Sabal Bay Force Main Project
FOLIO No.: 00431520609,52505030125,52505030167&52505030086
UTILITY AND ACCESS EASEMENT
THIS UTILITY AND ACCESS EASEMENT, made and entered into this _ day of
2014 by MINTO SABAL BAY, LLC, a Florida limited liability company, whose mailing address is 4400 W. Sample Road,
Suite 200, Coconut Creek, Florida 33073, (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-SEWER DISTRICT, its successors and
assigns, whose mailing address is 3335 Tamiami Trail East, Suite 101, 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.)
WITNESS ETH:
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 wastewater utility facilities and access
purposes, over, under, upon, and across the following described lands located in Collier County, Florida, to wit:
SEE ATTACHED EXHIBIT "A"
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 wastewater lines and pipes, and other equipment or
improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining wastewater
utility facilities thereon. The easement granted herein shall be subject to the terms and conditions of the Utility and
Access Easement Agreement of even date between Grantor and Grantee which are incorporated in full herein by thiF,
reference and 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.
MINTO SABAL BAY, L C, a Florida limited liability company
•
By:
Witness (SiOature) ff Ids
� Print Name:Vl �6 11,� O t I K
Name: I :., ,. v (
(Pril`1{or Type) Title: 'I.1iaea re()1 d en
itness (Signature)
Name: J Ord Ct n not Si eDer4
(Print or Type))
STATE OFFlOr1[ Ct-
COUNTY J irlShOft_itIA
The foregoing Utility nd Access easement was acknowledged before nae this 1 J }j day of
, 2014 by_�+ (Name),1(.1--- -bc,flen� (Title), on
behalf of Minto Sabal Bay, :_LC. a Florida limited liability company, who is 1J personally known to me, or
[ ]who has produced as identification.
WITNESS my hand and official seal this, j{ 'day of ' j )I'Li1 /\. , 2014.
(affix notarial seal) , ( f —
(Signature f N 'targl Public)
''-r i L'C 1
(Print Nam 'of Notary Publt)
MMEMAINORpumi i NOTARY PUBLIC
Notary Public•ma of HMO ► Serial/Commission#:(if any) %Cf''
( *? My Com .Expires Feb 24,2017 I My Commission Expires: p L//
„c; Commission N EE$77516
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CA