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MBC Partnership EasementsMemorandum TO: FROM: DATE: RE: Ellie Hoffman Records Technician III Minutes & Records Management Cindy Erb Sr. Property Acquisition Specialist Real Property Management Department April 4, 2002 North/South Sewer Interconnect- MBC Partnership Please find attached one (1) oriqinal recorded Utility Easement, one (1) oriqinal recorded Temporary Construction Easement and one (1) oric~inal Easement Agreement for the above referenced project. The Board of County Commissioner of Collier County, Florida approved the acquisition pursuant to Agenda Item 16 C (3), dated March 12, 2002. Please contact me if you have any questions or comments at 8917. Thank you. attachments as stated cc: Tax Appraiser's Office w/Utility Easement only Inventory File w/attachments Office of the Real Property Management Department PROJECT: North/South Sewer Interconnect PARCEL: MBC Partnership FOLIO: 00271240000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ~,$,~-~ day of t'Y~0,,r-c~ , 2002, by and between MBC PARTNERSHIP, a Florida General Partnership, by its undersigned General Partner who has been duly authorized by the Partnership to execute this easement agreement, (hereinafter referred to as "Owner"), whose mailing address is 732 21st Avenue S, Naples, FL 34102, 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 easement for utility and maintenance purposes, 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; WHEREAS, the Purchaser requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "B", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Easement") for temporary construction of utilities facilities; WHEREAS, Owner desires to convey the Easement and the Temporary Construction Easement 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 Easement and Temporary Construction Easement; 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 and Temporary Construction Easement to Purchaser for the sum of $7,500.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Easement, and Temporary Construction Easement conveyede inc',ud:,~ c,',', ',c,~,d~c&pb,.5,, ,y , .................... u ...... , ...................... u~ ;G CGGGGC,;GG W;,,, O~ Eeoc,mcat ~o PuFch~; PdoF lo CIosbg, O~neF shall obtain ~Fom ~he holdeFs o~ any I~ens, exceptions and/oF quaNfioafions encumbering th~ Easement, the execution o~ such ~nstFuments ~h~oh w~ll Femove, Felease OF 8uboFd~nate such encumbFances ~Fom ~he Eas~menl upon FeooFd~ng ~n ~he public FecoFds 0~ CoII~eF County, FIodda. O~neF shall pFov~de such ~nstFuments, pFopeFly executed, to PuFchaseF on OF b~OFe the da~ o~ Closing. This Agreement shall be null and void, and of no further force or effect, unless 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 pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement and Temporary Construction Easement. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 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. Easement Agreement Page 2 Owner represents that the property underlying the Easement, and all uses of the said property, 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 property underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser 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 Purchaser 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. 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. Owner shall be responsible for paying any costs and/or fees associated with securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the property underlying the Easement from the mortgagee(s). 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, successors, successor trustees, and/or assignees, whenever the context so requires or admits. Conveyance of the Easement and Temporary Construction Easement 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. Owner agrees to grant the Temporary Construction Easement for the purpose for constructing utility facilities in this area. This Temporary Construction Easement shall expire upon completion of the construction of the utility facilities in the area described above or on June 30, 2004, whichever occurs first. ,In thc l,U ............................................... ~ ........ ~11 ~e~ ~ ~ /45 ..~- ~;~ ~--~: .... ~+;I I,,~ ~ ~ ~--. *~ ..... I--*:---- --z ---~l~b~J ...... ~ ..........~ ,/ ~ ....................................... , ........... 11. If tho Ownor holds tho propo~y un0orlyin~ tho fiasomont in tho form o~ a pa~norship, limitod pannorship, corporation, trust or any form of roprosontativo capacity whatsoovor ~or othors, Ownor shall mako a wdtton public disclosuro, accordin~ to Ghaptor 280, Florida Statutos, undor oath, of tho namo and addross of ovory porson havin~ a bonoficial intorost in tho propo~y undorlyin~ tho Easomont boforo tho fiasomont hold such capacity is convogod to ~urchasor, its succossors and assigns. (If tho corporation is ro~istorod with tho Fodoral Socuritios [xchan~o Commission or ro~istorod pursuant to Ghaptor 517, Florida Statutos, whoso stock is for salo to tho ~onoral public, oxompt from tho provisions of Ghaptor 280, Florida Statutos.) 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Page 3 IN WITN,_,~SS WHEREOF, the parties 2/.;~5c' day of /)')~ ,2002. Date Easement acquisition approved by BCC: AS TO PURCHASER: DATED:~ 2~., ! ATTEST: DWIGHT E. BROCK, Clerk AS TO OWNER: DATED: Witness (Signature) (Print or Typ.e) Witd~ss (Signature) Name: J'/'~_~- Z/ ~Print or Type) hereto have executed this Agreement on this December 11,2001 Agenda Item Number 16 C (13) BOARD OF COUNTY COMMISSIONERS "---"'~~~E-R( I~C~'/'d'--"~'/~' ~"~""'~-/~-~'~-"%'"'~f/~" i, ~H.D.'~ Cha rman MBC PARTNERSHIP, a Florida General Partnership BY S. LINDSAY,~neral Partner Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney EXHIBIT U~\2OOI\2OOllO5\HBCEASMT.dwQ T~b, Hodel Feb 05, 2002 - 2,3Bpm Pio~%ed by, TomMur r-q r-" z,- :;o z m =o o .~.T ~ d L/) 'o z ',- r~d :~o EXHIBIT F,~ge. /_ el. U~\"'UUI\'"'UUJ. IU:)%LUNI'p~.HIS.01W~ 10. D~ fflociet I-eD U:D, .'"UU~ - d~UUp~ I-'tol;1;e01 10~/~ ILIISlHAU:Xt_I~ '0 "0 "g OOO ooo r- g' ~ -q"q-rl I'1 II "rJ J~ _--,mo G'~ '-' ~ i~"'F° ~ 1 o rj'j Z Z I'rl 3-11J. NVO 83 I/"1 I_ ------ ~'----- -- ,L9'L09 q ,,~[-0- .~ -- c ,-t-i-,, , ~'"u · E'-," z ~ o /3'_~ ' mi J- /zm? r-~ / /P ~Tc,,a / J~o o --'_ o-/ I E K r- : --I I m om mmm m-~>r--~ - '1 'J ' ~ ~ZZ Z .-I ~' '~" ~ ~ ~ -,oo o > z .-.= C.z _~zo ~ I [~ ,Po ~ o :>'-- ~o · m · m oo ~_~._ O-~Z~,~>--i rrl:;:O._i--I >'40. 0 mm I ~Z ,.,_~ I'q I ~/ co *"'".---I _z~~ ::0/.n.'~-,- ~-r' mu: ..,.,..~.~-n>.~z ~g.~.. )> I F-I~ o u~:i:! ~ ~ m.r, o~°C r,'ir,': r;'i ,~ _r": r- "" o ~'---u:..0 ~-- I ' / m --,l~ -c,',r~_ ~c.. rq.m,~mmz~Om~ ~z :::il ~ I ~'f~ =! oo o~ e0 > s.Z" -,.~. i., ~ mr- "';.- '1:7 I ~ ~ z ~o~ m~ ;~F~cz~_~..-, o'~ z.=o --I I IN '~ ._,~o u~m '~r-o .--: I IX ~ -4 mmo z p[::~,~mz~mm_Tcn ~: I I ~'" moOre I I ~z ~ ~ "'~d m~ ' c~ o u~rnz ~ ~ :~" Jb[-,~ ~ O' -~ o~ ,-, .?,1 oq.: z~ _z> ~'~1o. ~j ~o, o_ zz~ :,._ ~:0~l~zg~ [':_~1o .oj '_o'"' _,,. ~:om ~z ..,,o~m.~ = ~ ~ rtl -I PROJECT: North/South Sewer Interconnect PARCEL: MBC Partnership FOLIO: 00271240000 Prepared by: Ellen T. Chadwell, Esquire Office of the County Attorney 3301 East Tamiamt Trail Naples, Florida 34112 (941) 774-8400 2956605 OR: 3008 PG: 0638 ~CORDED in O))I¢IAL RECORDS of COLLIBR ¢OUN?¥, 03/28/2002 at 02:4??# DWIGHT B, BROCK, CLBRK CONS 5000.00 REC )E~ 15,00 00¢-.?0 35.00 C0PIE8 3.00 Retn: REAL PROPERT¥ BXT 8991 INTER UTILITY EASEMENT THIS EASEMENT, made and entered into this ~,-,-N day of /144~ ., 2002, by MBC PARTNERSHIP, a Florida General Partnership, by its undersigned General Partner who has been duly authorized by the Partnership to execute this easement, 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, 3301 East Tamiami Trail, 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 or 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, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility 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, excavate, and place or remove materials including, but not limited to, sewer lines and pipes, service and pump stations, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. 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, WITNESSES: Witness (Signature) Name: (Print ~r Typ~) W ira'S-ss (Signature) Name: '(i~int or Type) MBC PARTNERSHIP, a Florida General Partnership ~//a~:~S. Lin dsay, G~a, Partner Address: 732 21st Avenue S Naples, FL 34102 THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COLLIER COUNTY, FLORIDA, TO C · STATE OF F%0~',~ OR: 3008 PG: 0639 COUNTY OF d~ %~_~r' _he ~oregoing Utility Easement was acknowledged before me this ,~5" day of ~ ,2002, by Ja?~_~y~eral Partner, of MBC Partnership, a Florida general partnership,~.~ho is pers_o_nally known to me~e.~r who has produced as identification. -"-----'- (Affix notarial seal) ~___-./N- (Signature.of Notary) (Print Name of Notary) ... Commission # ~,/) 0 ,.~ ,f'~'7..5 My Commission Expires: EXHIBIT, "-~" Page_ /,_Of /- OR: 3008 PG: 0640 Um\2OOI\2OOIIO5\MBCEASMT.dwO T~b~ Model Feb 05, 2002 - P,38pm Plo%~ed by, TomMurphy 000 000 --Z~ Zzrq Fq Z m ~RI '- z 0 -o~ o -< mo ~om m~R:l ~ooc~oou~.~o mom ~ 00~ , ~0  o~~ ~>~ - ~o ~ >m mom ~ E~.~R~ a o ~-~Eoa ~o~ ~ ~m m z~ ~i_'z~ z ~z ~o N-~Zo~ -z~ z 0~0~ 0 ~ >~ ~ ~ ~~o~z  ~e>~ ~ o '~o ~ zo,', d~ o Z = PROJECT: PARCEL: FOLIO: North/South Sewer Interconnect MBC Partnership 00271240000 Prepared by: Ellen T. Chad~ll, Esquire Office of the County Attic3 3301 East Tamiami Trail NapleS, Florida 34112 (541) 774-8400 2956604 OR: 3008 PG: 0635 RECORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL 03/28/2002 at 02:47PM DWIGHT B. BROCK, CLBRK CONS 2500.00 REC PRE 1§,00 DOC-.70 17.50 COPIES 3.00 Retn: REAL PROPERTY RXT 8991 INTER OFFICE TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT is made and entered into this"'"'o(~'lff day of ('Fi ~ c~ ,2002, by MBC PARTNERSHIP, a Florida General Partnership, by its undersigned General Partner who has been duly authorized by the Partnership to execute this easement, whose mailing address is 723 21st Avenue S, Naples, FL 34102, (hereinafter referred to as "Grantor"), and 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, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" are used for singular or plural, as the context requires, and 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, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary easement, license and privilege to enter upon 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. This Easement is granted for the express purpose of providing Grantee temporary access to Grantor's lands as described above, and for the purpose of storing material and equipment during the construction and installation of public improvements adjacent thereto. This Easement shall expire upon official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on June 30, 2004, whichever occurs first. ',,'; t,hc c;'~,*';t t,h~ co,'~structlo,-; of uti',iti~s fac:J:,t~e~x~ ................... ~ ................. - ....~ ......... u ........................'~'ll'./ Grantee shall restore the surface of the Easement Area to the condition existing prior to-ir- the commencement of construction adjacent thereto. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMNXSSZONERS, COI. LIER COUNTY, FLORZBA, PURSt~NT TO AGENOA~ IN WITNESS WHEREOF, the GRANTOR executed the day and year first above written. has caused the0~e: prgs0~ntJ~C'tb 0o6~36 WITNESSES: Witness (Signature) (:~~ype) ,~(Sig~,~) - Name: '~.~. (Print or Type) MBC PARTNERSHIP, a Florida General Partnership BY: Partner Address: 732 21stAvenue S Naples, FL 34102 STATE OF COUNTY OF C.~.~". The foregoing Utility Easement was acknowledged before me this ,R 5" day of ,,,~.~/¢ ,2002, by James S. Lindsay, as General Partner, of MBC Partnership, a Florida general partnership, who is personally known to m.~ or who has produced as identification. (Affix notarial seal) ll~ My COMMISSION # DD 0~675 ~//,~/(Sig. natu~..e of Notary) (Print Name of Notary) Commission #,.~'~ My Commission Expires: ~,.:,~e_~as to fo~ & ~1t111 sufftctenc~ "Assistant Couat~ Attorae~ Ellen T. Chad~e11 EXHIBIT,, .'~ *** OR: 3008 PG: 0637 *** UI\.-'UU~,%,'UUIIUD\L, UHkfl~I,11b..ClW~ IO.D~ Moctet I~eD UO, ~uu,-' - d~uupi,~ I-'to~:"tec~ o),~ IUMHRU~I:.K m go(Do') : : Z rtl ~m ~g~ " C') m