Parcel 104DE PROJECT: CTS-104DE
PARCEL No(s): 104DE
FOLIO No(s): 00187240000, 00187400002&00188040005 r
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EASEMENT AGREEMENT
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THIS AGREEMENT (hereinafter r ferred to as the "Agreement") is made and (N <1
entered into on this 1 i ' day of .�'r , 20 t- -, by THOMAS S. <p LL
MONAGHAN, INDIVIDUALLY AND AS TRUATEE UNDER A TRUST AGREEMENT 0 Q o Q
DATED AUGUST 24, 2004 KNOWN AS THE TREE FARM LAND TRUST, whose II in CK °—
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mailing address is 24 Frank Lloyd Wright Drive, Ann Arbor, Michigan 48105 (hereinafter a) --Jo
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of in o u_
Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County (Y (-N o >-
Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as"County"). N o z
inorn (X D
WITNESSETH: in 0 CO 0 o
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WHEREAS, Collier County Ordinance No. 07-54 (a/k/a the "Tree Farm MPUD" 7) ° H w M
Ordinance), Section 6.3 (F), requires the developer of the Tree Farm MPUD property to cY 0 0 -Ti
accept and treat stormwater from 50% of the impervious area of the proposed in w s o w
extension of Collier Boulevard adjacent to the Tree Farm MPUD in accordance with ft 0 0 0'
South Florida Water Management District permitting requirements; and
WHEREAS, County has requested that Owner, in satisfaction of this requirement,
convey to County a Drainage, Access and Maintenance Easement over, under, upon
and across the lands described in Exhibit "A" (hereinafter referred to as the
"Easement"), which is attached hereto and made a part of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement to County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Easement requested by County.
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. RECITALS. 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. EASEMENT.
(a) GRANT AND PURPOSE - OWNER HEREBY CONVEYS the Easement to .' N
C0 CO -I County for the stated purposes. The Easement is perpetual, non-exclusive, 'a
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"blanket" in nature and extends to all surface and underground stormwater
r� Co management systems including lakes, ponds, swales and ditches, and to all
0' such underground conveyance systems, including pipes, inlets and water ;
' control structures (collectively referred to as "Drainage Facilities"), as may be :
(2) Maintenance. Any and all cost or expense associated with the repair
or maintenance of the Drainage Facilities located on the lands
described on Exhibit"A"shall be the sole and absolute responsibility of
Owner; however, County shall have the right(but not the obligation)to
perform such maintenance on any of the components comprising the
Tree Farm MPUD stormwater management system as it deems
necessary.
3. TERM. The term of this Agreement and the terms and provisions of the "blanket"
easement granted pursuant hereto shall be effective upon execution of this
Agreement by both parties, shall continue perpetually thereafter, 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.
4. NO PUBLIC DEDICATION. Nothing contained herein shall be deemed to
constitute a gift or dedication of any portion of the Easement to the general public
or for the benefit of the general public, it being the specific intention of Owner that
the grant of the Easement is strictly limited to the County for the drainage, access
and maintenance purposes stated in Paragraph 2 above.
5. ENTIRE AGREEMENT. Conveyance of the Easement by Owner is contingent
upon no other provisions, conditions, or premises other than those so stated
above; and this 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.
6. VENUE. This Agreement is governed and construed in accordance with the laws
of the State of Florida. In the event a court of competent jurisdiction shall
determine that any provision hereof is invalid or unenforceable, such invalidity or
unenforceability shall not affect the remaining provisions hereof, all of which shall
remain in full force and effect. This Agreement may not be amended or modified
except by an instrument in writing executed by Owner and County, and their
respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
and as of the date first above written.
AS TO COUNTY:
DATED:September 22, 2015
?TEST: BOARD OF COUNTY COMMISSIONERS
iWIGHT E.BROCK, Clerk COLLIER COUNTY, FLORIDA
e.,,aftGe___
•
Alt'St atictlea17.,
euty C - •' Tim Nance, Chairman
, ;54't e-onty:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
OWNER'S SIGNATURE CONTINUED TO NEXT PAGE
AS TO OWNER:
DATED:
Witn ignature) HOMAS S. M AGHAN, individua
and as Trustee U/T/A dated
i- vest-JJL- August 24, 2004 known as the
64-7(Print or Type) Tree Farm Land Trust
j labia
Witness(Signature) .
(ft uicit ATO 10
Name (Print or Type)
STATE OF f1CGlt3aul
COUNTY OF )45f t,/tac:
T e foregoing Easement Agreement was acknowledged before me this / ' day of
vqO f , 201 , by Thomas S. Monaghan, individually and as Trustee
and r a Trust Agreement dated August 24, 2004 known as the Tree Farm Land Trust,
who:
Xis personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
(Signature'o ota)
(Print Name of Notary Public)
Serial/Commission#(if any):
My Commission Expires: It-i .-/9
DINA L.WALDENMAYER
NOTARY PUBLIC-STATE OF MICHIGAN
COUNTY OF WAYNE
My Commission Expires Nov. 16,2019
Acting in the County of /des is tezi,,,)
Approved as to form and legality:
Jenn er A.Belpedio
Assistant County Attk. 0\
Last Revised 12/10/2014
EXHIBIT"A"
Parcel 1: The East half of the Southeast quarter, of the Northeast quarter of Section 22,
Township 48 South, Range 26 East, Collier County, Florida;
Parcel 2: The East half of the Northeast quarter, of the Southeast quarter of Section
22, Township 48 South, Range 26 East, Collier county, Florida; and
Parcel 3: The East half of the Southeast quarter, of the Southeast quarter of Section
22,Township 48 South, Range 26 East, Collier County, Florida.
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