Unit 5 Drainage & Maint. Emst.TO:
FROM:
DATE:
MEMORANDUM
Ellie Hoffman, Senior Clerk
Clerk of Courts/Minutes & Records Management
Emie W. Kerskie, Senior Property Acquisition Specialist
TECM/Right of Way
March 11, 2002
Fountains 3 Condominium, Fountains 5 Condominium
Drainage & Maintenance Easement
Please find attached two (2) original recorded Easements for the above referenced
project and two (2) original Agreements.
The Board of County Commissioners of Collier County, Florida approved the
recordation and acceptance of same on March 27, 2001, Item 16(B)(2).
Please contact me if you have any questions or comments at 213-5846.
Thank you.
attachments as stated
cc: Inventory File w/attachment
2771377 OR: 2798 PG: 3474
R~C F~ 15.00
R~AL PROPgRTY RgCORDED in the O~ICIAL RECORDS of COLLIER COUNTY, PL DOC-,70 .70
EXT 8991 03/30/2001 at 02:51PM DWIGHT E. BROCK, CL~RK
INT~ O~I¢~ COPIES 3.00
PROJECT: FOUNTAINS/RIVIERA GOLF ESTATES 16B2
PARCEL: FOUNTAINS UNIT 5
EASEMENT
THIS EASEMENT, made and entered into this / zT/ day of
2001, by THE FOUNTAINS UNIT NO. 5 CONDOMINIUM ASSOCIATION,INC., a
Florida Corporation not-for-profit, whose mailing address is 4490 Chantelle Drive,
Naples, FL 34112 as Grantor to COLLIER COUNTY, a political subdivision of the State
of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112,
its successors and assigns, 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.)
WITNESSETH:
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, license, and privilege for access and maintenance purposes,
on 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, place, excavate, and take materials for the purpose of accessing,
constructing, operating and maintaining the existing adjacent drainage and utility
facilities. Grantor and Grantee are used for singular or plural, as the context requires.
The easement granted herein 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.
IN THE PRESENCE OF:
THE FOUNTAINS UNIT NO. 5
CONDOMINIUM ASSOCIATION, INC., a
Florida Corporation_~.~rofit
FIRST WITH ES,S,C~Sig natu re)
SE.C~NE) WlT/~I3.SS (Signature)
(Print Name)
OR: 2798 PG: 3475
16B2
STATE OF FLORIDA
COUNTY OF COLLIER
.'l'he. foregoing Easement was acknowledged be. fore me th.is / ~ day of
,~2,~'u~-~ ,2001, by //f--,oF_~'~C¢" /(¢'~..~'~,~J (Name/Title), on behalf of
'I'Ve Fountains~nit No. 5 Condominium Association, Inc., a Florida Corporation not for
profit, and ~_~o is personally known to n~eq~)r has produced
(Affix notarial seal) [ Yt~-P~ °f Identificati°n~ ~~-~r-~
(Signature of Nota/~)
1NOEl' BERNSrI~N
MY COI~SSION # CC 9O7216
EXPIRES: June 2, 2004
(Print Name of Notary)
Commission #
My Commission Expires:
prepered bY:
Rcber[ N. Zachary, Esquire
Office of th9 County Attorney
168P
PUBLIC ~V~0R~S ENGINEERING DEPARTMENT
3301 EAST TAMIAM! TRAIL NAPLES, FLORiDA 34112
(941) 774-8192
EXH Brr_ __
Rage_L_ of_J._
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO .........................
PARCEL NO ......
FOLIO NO ..............................
THE FOUNTAINS UNIT 5
THE WEST 30 FEET OF THE EAST 60 FEET OF THE NORTH 695.84 FEET OF
THE SOUTH 1325.74 FEET" !)F TRACT "K" OF THE PLAT THEREOF, RIVIERA
COLONY GOLF ESTAT~S,~RACT MAP AS RECORDED IN PLAT BOOK 10,
PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
AND;
THE NORTH 15 FEET OF THE SOUTH 35 FEET, OF TRACT "K" LYING IN
SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF THE PLAT THEREOF,
RiVIERA COLONY GOLF ESTATES TRACT MAP AS RECORDED IN PLAT
BOOK 10, PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
PREPARED BY .'.. ....... DAT
,~G~'~"i~:'~i~i'I~I'~i~D '... , ."
PROFE881ONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORK8 ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 3411-2 ....... SHEET 1 OF 1
PROJECT: Fountains/Riviera Golf Estates
PARCEL: Fountains Unit 5
16/ 2
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between THE FOUNTAINS UNIT NO. 5 CONDOMINIUM
ASSOCIATION, INC., a Florida Corporation not for profit, (hereinafter referred to as
"Owner"), whose mailing address is 4490 Chantelle Drive, Naples, FL 34112, and COLLIER
COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"),
whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner grant to the County an Access and
Maintenance Easement for the right to enter upon said land, excavate, and place or remove
materials for the purpose of accessing, constructing, operating and maintaining the existing
adjacent drainage and utility facilities. The Access and Maintenance Easement shall be
over, under, upon and across the lands described in Exhibit "A" (said Access and
Maintenance Easement hereinafter referred to as the "Property"), which is attached hereto
and made a part of this Agreement;
WHEREAS, Owner desires to grant the Property to County for the stated purposes, on
the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to grant the Property
to the 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 Property requested by
County; and
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 grant the Property via an Easement to County at no cost to the
County, unless otherwise stated herein.
2. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
3. The Closing ("Closing") of the transaction shall be held on or before ninety (90)
days following execution of this Agreement by the County, unless extended by mutual written
agreement of the parties hereto.
4. 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 upon their recording
in the public records of Collier County, Florida. Owner shall provide such instruments,
properly executed, to County on or before the date of Closing.
5. The County shall pay for all costs of recording the granting instrument in transaction
in the Public Records of Collier County, Florida. Any and all other costs shall be paid by
Owner.
6. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws; that no
1682
hazardous substances have been generated, stored, treated or transferred on the Property
except as specifically disclosed to the County; that the Owner has no knowledge of any spill
or environmental law violation on any property contiguous to or in the vicinity of the Property
to be conveyed to the County, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened environmental lien
against the Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the County against and
from, and to reimburse the County 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 County 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.
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. To the greatest extent allowed by law, Grantee shall indemnify, save harmless and
defend Grantor from and against all losses, claims, demands, payments, suits, actions,
recoveries and judgments of every nature and description brought or recoverable against
Grantor by reason of any act or omission of Grantee, its agents, consultants, employees or
contractors in the execution of any work performed pursuant to this easement, and agrees to
assume any related costs.
10. Granting 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.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED bY BCC: ~./~ ?,~/
..-":':asTo COUN~TY:
;ATTEST: .-'
".. DWIGHT. E...BROCK, Clerk
W'Z-//~"/~f/~/~/),~, Deputy Clerk
Attest as to Chairman's
slgeature only.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOR~ _
BY: C~,,,~-~~-~~~ ~
James ~",~,arter, P~.D, (~hairman
!6B2
AS TO OWNER:
(Print or Type)
Second Witness (Signature)
(Print or Type)
The Fountains Unit No. 5 Condominium
Association, Inc., a Florida Corporation
Bnot for profit y'~~c:/__
Name/Title
Name: ~,~,~ ~.:~,,~.-~.;
(Print or type)
Approved as to form and
legal sufficiency:
Ro~/,/
Assistant County Attorney
PUBLIC '~¥'0RKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
EXHIBIT. _
Paoe ~ _ of_./._
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO .........................
PARCEL NO ......
FOLIO NO ..............................
THE FOUNTAINS UNIT 5
THE WEST 30 FEET OF THE EAST 60 FEET OF THE NORTH 695.84 FEET OF
THE SOUTH 1325.74 FEET"DF TRACT "K" OF THE PLAT THEREOF, RIVIERA
COLONY GOLF ESTAT~ES,T~RACT MAP AS RECORDED IN PLAT BOOK 10,
PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
THE NORTH 15 FEET OF THE SOUTH 35 FEET, OF TRACT "K" LYING IN
SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF THE PLAT THEREOF,
RIVIERA COLONY GOI.F ESTATES TRACT MAP AS RECORDED IN PLAT
BOOK 10, PAGES 104-108 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 ....... SHEET 1 OF 1