Assignment & Assumption of Easements INSTR 5375180 OR 5369 PG 1721
RECORDED 3/7/2017 11:08 AM PAGES 7
Prepared by and return to: DWIGHT E. BROOK, CLERK OF THE CIRCUIT COURT
William C. Garner,Esq. COLLIER COUNTY FLORIDA
Nabors,Giblin&Nickerson, P.A. REC$61.00
1500 Mahan Drive, Suite 200
Tallahassee,Florida 32308
(850)224-4070
ASSIGNMENT AND ASSUMPTION OF EASEMENTS
THIS ASSIGNMENT AND ASSUMPTION OF EASEMENTS ("Assignment") is
made the ((7r day of rt c) , 2017, by Orange Tree Utility Co., a Florida
corporation, 4500 Executive Drive, No. 110, Naples, Florida 34119 ("Assignor") and Collier
County, a political subdivision of the State of Florida, and the Board of County Commissioners
of Collier County, Florida, as the Ex-Officio Governing Board of the Collier County Water-
Sewer District, 3339 Tamiami Trail East, Suite 301,Naples Florida 34112 ("Assignee").
WHEREAS, Assignor, together with Orangetree Associates and its Trustee
("Developer"), has agreed to convey to Assignee certain water and wastewater facilities located
in Collier County, as more particularly set forth therein; and
WHEREAS, Assignor has further agreed to effectuate the conveyance of the water and
wastewater facilities by documentation necessary to assure marketable, clear and unencumbered
title to the facilities at the time of conveyance; and
WHEREAS, Assignor has constructed and maintains and operates certain of its facilities
on property owned by third parties, but within easements that have been granted to it by third
parties for that purpose as well as for ingress and egress over said property; and
WHEREAS, Assignor intends to assign, and Assignee intends to accept, all right, title
and interest in said easements which are described in Exhibit "A" ("Easements").
NOW, THEREFORE, in consideration of the mutual promises, covenants,
representations, and agreements contained herein, together for $10.00 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Assignor hereby quit claims, conveys and assigns unto Assignee, its successors
and assigns, all right, title and interest of Assignor in the Easements. Assignor covenants and
agrees to do, execute, acknowledge and deliver any such further instruments or documents as
may be reasonably necessary to carry out and effectuate the intent and purpose of this
Assignment, subject, however, to the terms of that certain Integration Agreement dated
er✓-, 2017, by and between Assignor, Orange Tree Associates and Assignee (the
"Integratio!Agreement").
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2. Assignee hereby accepts the transfer and assignment of the Easements as set forth
herein from Assignor and assumes the performance, obligations, duties and liabilities of
Assignor, if any, under the Easements as of the date hereof. As of the date of this Assignment,
Assignor's obligations and responsibilities to act under the Easements shall cease and terminate
and Assignor shall have no further liabilities or obligations with respect to the Easements, except
for those obligations and responsibilities which accrued prior to the date of this Assignment.
This Assignment shall inure to the benefit of Assignee, its successors and permitted assigns.
3. This Assignment shall be governed by the laws of the State of Florida. Nothing
herein shall be construed to waive any defense of sovereign immunity that Assignee may be
lawfully entitled to assert under applicable Florida law.
4. The terms and provisions of the Integration Agreement are incorporated herein by
reference and this Assignment supplements the Integration Agreement. In the event of any
conflict or inconsistency between the Integration Agreement and the provisions set forth therein,
and those provisions which are set forth in this Assignment, the documents shall, to the extent
reasonably possible, be interpreted as having been intended to be read together and to be consistent
with one another.
IN WITNESS WHEREOF, the Assignor and Assignee have signed and sealed these
presents as of the day and year first above written.
(REMAINDER OF PAGE LEFT BLANK INTENTIONALLY)
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ASSIGNOR: 1
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Witness Robe _ Bollt, as Pres'rent of Orange Tree Utility
Co.,
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Witness
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Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged and subscribed before me this 30 day of
, 2011-, by Roberto Bolit, as President of Orange Tree Utility Co., a
Florida corporation, who sit, is personally known to me er pfeslueed
a@ ident fen and who acknowledged to and before me that he
executed the same freely and voluntarily for the purposes therein expressed.
My Commission Expires:
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ASSIGNEE:
BOARD OF COUNTY COWISSIONERS rr
COLLIER COUNTY. FL(ER• A, AS THE-
GOVERNING BODY OF COLLIER COUNTY
AND THE EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY
WATER-SEW DISTRICT
BY:
Name: PENNY AYL+41
Chairman
ATTEST:
DWIGHT E. BROCK. Clerk
BY: v, . /
1111r,
Depm :irm. 's
signage n1
Approved as to cgality:
BY: 8,0
Jeffrey A.Xla'
County Attorney
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EXHIBIT "A"
EASEMENTS
1. That certain Deed of Water/Wastewater Utility Facilities Easement in Public Road
Right-of-Way, dated August 4, 1998, by Collier County to Orangetree Utility
Company, recorded in Official Records Book 2449, Page 2438 of the public
records of Collier County, Florida.
2. That certain Utility Easement, dated January 30, 2004, by The Estates at
Twineagles, Ltd., f/k/a Twineagles Development Company, Ltd., successor by
merger to Twineagles Land Group I, LLC, to Orange Tree Utility Co., recorded in
Official Records Book 3550, Page 2162 of the public records of Collier County,
Florida.
3. That certain Grant of Easement, dated June 15, 2006, between The Estates at Twin
Eagles, Ltd., Grantor, and Orange Tree Utility Co., Inc., Grantee, for a lift station
site on Bramble Ct., Twin Eagles Phase 2A, recorded in Official Records Book
5162, Page 3568 of the public records of Collier County, Florida.
4. That certain Grant of Easement, dated September 7, 2006, between The Estates at
Twin Eagles, Ltd., Grantor, and Orange Tree Utility Co., Inc., Grantee, for lift
station sites near Wicklow Ln., Heather Woods Ct., and Hedgestone Ct., Twin
Eagles Phases 2 and 2B, recorded in Official Records Book 5162, Page 3572 of
the public records of Collier County, Florida.
5. That certain Grant of Easement, dated August 14, 2012, between The Twineagles
Club, L.L.C., Grantor, and Orange Tree Utility Co., Grantee, for 10-foot utility
easements in Tract A of Twin Eagles Grand Arbors, recorded in Official Records
Book 5162, Page 3579 of the public records of Collier County, Florida.
6. That certain Grant of Easement (Palmetto Ridge High School), dated July 9, 2004,
between the District School Board of Collier County and Orange Tree Utility Co.,
recorded in Official Records Book 3648, Page 0208 of the public records of
Collier County, Florida.
7. That certain Utility Easement, dated June 17, 1999, by the District School Board
of Collier County, Florida, to the Orange Tree Utility Co., recorded in Official
Records Book 2591, Page 1526 of the public records of Collier County, Florida.
8. Unrecorded Grant of Easement, dated October 8, 2003, between District School
Board of Collier County and Orange Tree Utility Co. (attached as Exhibit "E" to
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that certain Developer's Agreement, dated the same date and between the same
parties).
9. That certain Easement, dated April 29, 1999, by Waterways Joint Venture and
Orangetree Utility Company, recorded in Official Records Book 2542, Page 1863
of the public records of Collier County, Florida.
10.That certain Easement, dated July 18, 2000, by Waterways Joint Venture II and
Orangetree Utility Company, recorded in Official Records Book 2702, Page 2672
of the public records of Collier County, Florida.
11.That certain Easement, dated July 18, 2000, by Waterways Joint Venture II and
Orangetree Utility Company, recorded in Official Records Book 2702, Page 2646
of the public records of Collier County, Florida.
12.That certain Easement, dated April 24, 1998, by Waterways Joint Venture and
Orangetree Utility Company, recorded in Official Records Book 2413, Page 1688
of the public records of Collier County, Florida.
13.That certain Easement, dated February 1, 1999, by Waterways Joint Venture and
Orangetree Utility Company, recorded in Official Records Book 2512, Page 2522
of the public records of Collier County, Florida.
14.That certain Easement, dated October 8, 1999, by Waterways Joint Venture and
Orangetree Utility Company, recorded in Official Records Book 2608, Page 0205
of the public records of Collier County, Florida.
15.That certain Easement, dated October 8, 1999, by Waterways Joint Venture and
Orangetree Utility Company, recorded in Official Records Book 2608, Page 0207
of the public records of Collier County, Florida.
16.That certain Utility Easement, dated October 4, 1997, by Waterways Joint Venture
and Waterways of Naples Homeowners' Association, Inc., collectively as grantor,
and Orangetree Utility Company, recorded in Official Records Book 2317, Page
0738 of the public records of Collier County, Florida.
17.That certain Utility Easement, dated March 25, 1997, by Waterways Joint Venture
and Waterways of Naples Homeowners' Association, Inc., collectively as grantor,
and Orangetree Utility Company, recorded in Official Records Book 2299, Page
0670 of the public records of Collier County, Florida.
18. Intentionally deleted.
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19.All other easements, rights of ingress and egress, right-of-way utilizations and
other access rights of any kind throughout the "Orange Tree Service Area"
(described in the Integration Agreement) which are needed to construct, operate
and maintain the "Orange Tree System" (described in the Integration Agreement)
owned or possessed by Orange Tree or Developer, as defined herein, whether
recorded or unrecorded, which are to be assigned by them and assumed by County
in accordance with the Integration Agreement, but only to the extent and area now
located within any real property now owned by Orange Tree or Developer within
the Orange Tree Service Area where Orange Tree or Developer has installed,
affixed, owns or maintains, as of the date of this Assignment, water or wastewater
infrastructure which is part of the "Orange Tree System" described in the
Integration Agreement lying and which is located outside of the public right-of-
way, including but not limited to, easements, rights of ingress and egress, right-of-
way utilizations and other access rights for the following comprising a part of the
Orange Tree System: lines and pipes, wells, pumps, pipelines, lift stations,
pumping and booster stations, power and telemetry lines, telemetry towers, storage
facilities, disposal facilities and fire hydrants. Notwithstanding anything to the
contrary, the foregoing shall not be deemed to include: (i) any storm water
drainage or other easements, rights or interests held by Developer under or used in
connection with the storm water management permits for the "Orange Tree PUD
Area" (described in the Integration Agreement) or any easements, rights or permits
not related to the operation of the Orange Tree System; or (ii) conveyance of
ownership of any real or personal property.
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