Monitoring Well Easement (Randall Blvd Monitoring Well) INSTR 5375181 OR 5369 PG 1728
RECORDED 3/7/2017 11:08 AM PAGES 10
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$86.50 INDX$4.00
Record and Return to:
William C.Garner,Esq.
Nabors,Giblin&Nickerson,P.A.
1500 Mahan Drive, Suite 200
Tallahassee,FL 32308
(850)224-4070
MONITORING WELL EASEMENT
(Randall Boulevard Monitoring Well)
THIS EASEMENT AGREEMENT ("Easement") effective as of the 1st day of March,
2017, by ROBERTO BOLLT, as Successor Trustee pursuant to that Land Trust Agreement
dated January 27, 1986, as recorded in O.R. Book 1347, Page 2331, of the Public Records of
Collier County, Florida, as amended, whose mailing address is 4500 Executive Drive, Suite 110,
Naples, Florida 34119 ("Grantor"), 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 ("Grantee"),whose mailing address is 3339 Tamiami
Trail East, Suite 301,Naples Florida 34112.
WITNESSETH:
That Grantor, for and in consideration of the sum of $10.00 and other valuable
considerations, receipt whereof is hereby acknowledged, by these presents does hereby grant and
convey unto Grantee, and Grantee's heirs, successors and assigns a non-exclusive easement,
license and privilege to enter upon that certain real property (the "Easement Area") legally
described on Exhibit "A" attached hereto and incorporated herein and illustrated on Exhibit "A-
1" attached hereto and incorporated herein, for the limited purpose, by Grantee, during business
hours, of: (i)examining and drawing test samples from that certain monitoring well("Monitoring
Well") located within the Easement Area, as part of Grantee's operation of the water treatment
plant located within the"Treatment Plants Property" described in, and subject to the terms of,the
Integration Agreement dated January 24, 2017, in fulfillment of the requirements set forth in the
certain permit ("Permit") more particularly described on Exhibit "B" attached hereto and
incorporated herein; and (ii) the maintenance and repair of the Monitoring Well to keep same in
good working order(which Grantee agrees to do). Grantor reserves unto itself all other rights and
uses of the Easement Area and the Monitoring Well, its lines, conduits and facilities which do
not interfere in any material respect with the easement rights of Grantee set forth in this
paragraph (including, without limitation, Grantor's right, at its cost and expense, to reasonably
relocate the Easement Area and/or the Monitoring Well and its lines, conduits and facilities so
long as it does not materially interfere with the operation of the Water Treatment Plant).
Grantee, by execution of the Easement, hereby agrees to: (i) permit no lien for labor,
services or materials to attach to the Easement for work performed for, or at the direction of, or
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by anyone claiming by, through or under, Grantee, its successors and assigns, or their respective
agents and employees; and (ii) defend, indemnify and hold Grantor, its successors and assigns,
harmless from and against any and all claims, demands, actions, causes of action, liabilities,
costs and expenses subject to the limitations on sovereign immunity set forth in Section 768.28,
Florida Statutes (including without limitation attorneys' fees at trial and appellate levels) arising
out of, or as a result of, the Grantee's (or its agents' or employees') acts or omissions in the
exercise by Grantee of its rights hereunder; and (iii) to promptly repair any damage to the
Easement Area, the Monitoring Well and its lines, conduits and facilities, and the landscaping,
improvements or surrounding areas caused by the exercise of Grantee's rights hereunder. In the
event of litigation concerning the rights or obligations granted under this Easement, the
prevailing party shall be entitled to be reimbursed its attorneys' fees and costs at trial and
appellate levels, subject to the limitations set forth in Section 768.28, Florida Statutes. Nothing
contained in this instrument shall, in any way, be deemed to constitute a gift or dedication of any
portion of the Easement Area or the Monitoring Well to the general public or for the benefit of
the general public, it being the intention of the parties hereto that the easement rights shall be
limited to and utilized for the purposes expressed herein. The easement rights granted hereunder
shall be interpreted, construed and enforced in accordance with the laws of the State of Florida.
The provisions of this Easement may be modified or amended only by the recording of an
appropriate document in the Public Records, executed by Grantor and Grantee or their respective
successors and assigns. Nothing contained in these easement provisions shall be deemed or
construed, either by the parties hereto or by any third party, to create a relationship of principal
and agent or to create any partnership,joint venture or other association between the parties. No
delay or omission in the exercise of any right accruing upon any default shall impair such right
or be construed to be waived thereof, and every such right may be exercised at any time during
the continuance of such default. Grantee's easement rights hereunder shall not be assignable
except to the fee simple owner of Water Treatment Plant. The easements granted hereunder shall
be used by Grantee for no purpose other than as expressly set forth herein.
AND Grantor, for itself and its successors, hereby covenants with said Grantee and
Grantee's successors and assigns that Grantor is lawfully seized of the Easement Area in fee
simple;that Grantor has good,right and lawful authority to grant the easements described herein;
that Grantor hereby fully warrants the title to Easement Area and will defend the same against
the lawful claims of all persons whomsoever, excepting building restrictions, zoning regulations,
laws, ordinances, resolutions, regulations and orders of any governmental authority having
jurisdiction over Easement Area, and taxes and assessments accruing subsequent to December
31, 2016, and matters which would be reflected in a current survey of the Easement Area, and
excepting easements, covenants,restrictions,reservations,rights-of-way, conditions, agreements,
plats and limitations of record, none of which, to Grantor's actual knowledge, impair or restrict,
in any material manner,the current use of the Easement Area as of the date of this Easement.
This Easement shall automatically terminate, in all respects, as follows:
(i) Upon the recordation of an affidavit, by Grantor, stating that the "Treatment Plants
Property" described in the Integration Agreement has been re-conveyed to Grantor or its
designee, attaching a copy of the recorded deed of conveyance and stating that the Easement has
been terminated(and such affidavit with such attached deed shall be conclusive); or
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(ii) If Grantee discontinues the operation of the water treatment plant located within the
"Treatment Plants Property" described in the Integration Agreement and/or the Permit no longer
requires the use of the Monitoring Well for the purposes described herein, then following
Grantor's receipt of actual knowledge that either of the foregoing events has occurred, if Grantor
desires to terminate the Easement, Grantor shall provide written notice ("Notice") to Grantee of
the occurrence of either or both of such events. In the event Grantee does not, within thirty (30)
days after receipt of the Notice, deliver to Grantor an Affidavit executed by an official of
Grantee under oath, and recorded in the Public Records of Collier County, stating that Grantee
has not discontinued the operation of the "Treatment Plants Property," or that the Permit still
requires the use of the Monitoring Well for the purposes described herein (and attaching to the
affidavit a copy of such Permit evidencing the requirement for use of the Monitoring Well), then
Grantor may record an affidavit stating that the Easement has been terminated and the recording
of such affidavit shall be conclusive.
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IN WITNESS WHEREOF, Grantor and Grantee have caused this Easement to be
executed in their names, and their corporate seals to be hereunto affixed, by its proper officers
hereunto duly authorized, the day, month and year first above written.
WI " .� ES:
4 0, & SIX 61\ .
Print Name: SNAIL) &3 3T1- Robe Bollt, as Successor Trustee
pursuant to that Land Trust Agreement dated
January 27, 1986, as recorded in O.R. Book
1347, Page 2331, of the Public
Records of Collier County, Florida, as
tt.„_,,),, ipooAve__ amended
rint ame: Cj ke cifI`C- ,Jutar j e I, Grantor
STATE OF FLORIDA
COUNTY OF COLLIER
ir
The foregoing instrument was acknowledged and subscribed before me this 9.1 day of
¢.A.,q.2a{ , 2017, by Roberto Bollt, as Successor Trustee pursuant to that Land
Trust Agreement dated January 27, 1986, as recorded in O.R. Book 1347, Page 2331, of the
Public Records of Collier County, Florida, as amended, on behalf of the trust, who K is
personally known to me or produced a.s-identifcat-ion
and who acknowledged to and before me that he executed the same freely and voluntarily for the
purposes therein expressed.
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Grantee:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND THE EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY
WATEI -SEWER DISTRICT
BY:
Name: Pe y Taylo hairy an
ATTEST:
DWIGHT E. BROCK, Clerk
BY: - -'� it
Deputy Clerk Attest as a h.•
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signature,► -ly,
Appr, ed •.. to fo ani legality:
BY: dn., .. l -u--L
• R. Teach
Deputy County Attorney
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JOINDER
The undersigned, being all of the partners comprising the general partnership known as
Orangetree Associates, the sole beneficiary under that Land Trust Agreement dated January 27,
1986, recorded in O.R. Book 1347, Page 2331, of the Public Records of Collier County, Florida,
as amended, hereby join in and consent to the foregoing Easement granted by Roberto Bollt as
Successor Trustee of the said Land Trust Agreement as Grantor, in favor of 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
as Grantee, and further certify to Grantee that the undersigned constitute all of the partners of the
sole beneficiary under said Land Trust Agreement and that no parties other than the undersigned
have any beneficial interest thereunder.
Dated as of: a )01 , 2017.
ORANGETREE ASSOCIATES, a
Florida general partnership:
WITNESSES:
By: Springhill of Collier County, Inc.,
a Florida corporation, as General
Partner
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By: Enterprises of Hollywood, Inc.,
a Florida corporation, as General
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STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged and subscribed before me this ')-1 day of
VeS , 2017, by (Lbe;ar1. gim.ir' , as--A-f1 lv�n(c
of Springhill of Collier County, Inc., a Florida corporation, on behalf of the corporation, as
general partner of Orangetree Associates, a Florida general partnership, on behalf of the
partnership, who is personally known to me
who acknowledged to and before me
that he executed the same freely and voluntarily for the purposes therein expressed and under
authority duly granted to him by said corporation.
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STATE OF FLORIDA
COUNTY OF COLLIER j
The foregoing instrument was acknowledged and subscribed before me this -� day of
2017, by ?_.01 -D &zir , as p24 tP&V
of Enterprises of Hollywood, Inc., a Florida corporation, on behalf of the corporation, as general
partner of Orangetree Associates, a Florida general partnership, on behalf of the partnership, who
is personally known to me oruce ag
ielgatifreatiort—and who acknowledged to and before me that he executed the same freely and
voluntarily for the purposes therein expressed and under authority duly granted to him by said
corporation.
My Commission Expires:
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EXHIBIT "A"
LEGAL DESCRIPTION OF EASEMENT AREA
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED WHIN SECTION 26, TOVINSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMAIFNCF A T THE SOUTHEAST CORNER OF VALENCIA LAKES - PHASE 4-A, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 41, PACES 32 THROUGH 36 (INCLUSIVE) OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
RANDALL BOULEVARD, A 100.00 FOOT RICH T-OF-WAY,• THENCE SOUTH 88V9'l1"EAST, ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE, .4 DISTANCE OF 2,059.02 FEET TO THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESCRIBED; THENCE DEPARTING FROM SAID NORTHERLY RIGHT-OF-WAY LINE,
NORTH 015049"EAST, A DISTANCE OF 80.94 FEET; THENCE SOUTH 8813971"EAST A DISTANCE OF
15.00 FEET; THENCE SOUTH 0150'49'VEST, A DISTANCE OF 80.94 FEET TO A POINT ON THE
NORTHERLY RIGHT-CE-WAY LINE OF SAID RANDALL BOULEVARD; THENCE NORTH 88179'11"!REST,
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF
et-GINNING
CONTAINING 1,214 SQUARE FEET OR 0.028 ACRES MORE OR LESS
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EXHIBIT "A-1"
SKETCH OF EASEMENT AREA
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(139)405-6166 (239)405-9163 FAX j.4010-75.
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EXHIBIT "B"
Description of Permit
Florida Department of Environmental Protection Industrial
Wastewater Facility Permit No. FLA 397792
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