Eagle Lake-Storage PondsMemorandum
TO:
FROM:
DATE:
RE:
Minutes & Records Management
Cindy Erb, Sr. Properl:y Acquisition Specialist
Real Estate Services
March 24, 2004
Eagle Lake Reclaimed Water Storage Ponds - Monitoring Well - Lely
High School
With respect to the above referenced matter, please find enclosed the following items
for your files:
1. Oric~inal recorded Termination of Right of Entry;
2. Ori_qinal recorded Subordination of Utility Interests;
3. Original recorded Access Easement;
4. Orieinal recorded Utility Easement;
5. Oric~inal Donation Agreement.
The Board of County Commissioners of Collier County, Florida approved the transaction
pursuant to Agenda Item 16 C (1), dated December 3, 2002.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
cc: Property Appraiser's Office w/Utility Easement and Access Easement only
Inventory File w/attachments
Office of the Real Estate Services
PROJECT:
FOLIO:
Eagle Lakes Reclaimed
Water Storage Ponds
00438760006
3357286 OR: 3517 PG: 30 7
RECORDED in O~ICIAI, RECORDS 0[ COLLIER COUNTY, ~L
C0PI~S 5.00
Retn:
REAL PROPERTY
~X~ 8991
I~TR~ OHIC~/ClND~
TERMINATION OF RIGHT OF ENTRY
WHEREAS, the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA,
whose mailing address is 5775 Osceola Trail, Naples, FL 34109, hereinafter known as
"SCHOOL BOARD", granted a Right of Entry, 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, whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112, hereinafter known as "COUNTY".
WHEREAS, a Right of Entry was granted by the SCHOOL BOARD to COUNTY for
the sole purpose of drilling one (1) monitoring well within the property described in Exhibit
"A"; as recorded on January 21,2003 in Official Records Book 3200, Page 905, of the Public
Records of Collier County, Florida; and
WHEREAS, the SCHOOL BOARD has granted a perpetual, non-exclusive ingress
and egress easement for the purpose of access to monitoring well facilities (the "Access
Easement") over, and across the lands described in Exhibit "B", and a perpetual, non-
exclusive utility easement for the purpose of maintenance of monitoring well facilities, (the
"Utility Easement") over, under, upon and across the lands described in Exhibit "C"; and
WHEREAS, the SCHOOL BOARD and COUNTY are agreeable to terminating the
Right of Entry recorded on January 21,2003 in Official Records Book 3200, Page 905, of the
Public Records of Collier County, Florida.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other valuable
consideration, receipt of which is hereby acknowledged, the SCHOOL BOARD and
COUNTY does hereby terminate the Right of Entry.
IN WITNESS WHEREOF, the parties have caused these presents to be executed the
date and year first above written.
AS TO COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
~, .~.:,,_'-'-. %'~,{~Uty Clerk
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
BY:
JAMES N. COLE_~A, CHAIRMAN
OR: 3517 PG: 3048
AS TO SCHOOL BOARD:
WITNESSES:
First' wi~e~s- (Signature)
Name: /¢¢fl l6 ~'1/" ¢~,4/'/..~.~,,,¢
(Print or Type)
Sec~'6d Wi-tn~" (~'g~-att~¢~
Name: ~k~_~f_)? Ar. h ~.~./~'c~ C__.l~O~--
(Print or type)
DISTRICT SCHOOL BOARD OF COLLIER
COUNTY FLORIDA
DICK BRUCE, CHAIR
ATTEST:
Ex-Officio Secretary
(P'rfnt I~ame') ' '
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
EXHIBIT_ ~',q''
Page ~ of _1_
OR: 3517 PG: 3049
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OR: 3517 PG: 3050
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PROJECT: Eagle Lakes Reclaimed
Water Storage Ponds
FOLIO: 00438760006
Florida Power & Light Release
3357287 OR: 3517 PG: 3052
RECORDED in OPPICIAL RECORDS Of COLLIER COUNTY,
03/I0/2004 at 09:58AM DWIGHT E. BROCK, CLERK
REC HE
Retn:
REAL PROPERTY
EXT 8991
INTER OPPICE/CIND¥
¢OPIE~
24.00
5.00
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT, entered into this 107~ day of ~'~'?T~_~'~'£, 200_~ by and
between 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, whose post office address is 3301 Tamiami Trail East,
Naples, Florida, 34112, hereinafter called "County", and FLORIDA POWER & LIGHT
COMPANY, a Florida corporation, by its undersigned officers who have been duly
authorized by the corporation to execute this Subordination, whose mailing address is
4105 SW 15~ Avenue, Naples, FL 34116, hereinafter called "Utility."
WITNESSETH:
WHEREAS, the Utility presently has an interest in certain lands that have been
determined necessary for utility and maintenance purposes; and
WHEREAS, the proposed use of these lands for utility and maintenance purposes
will require subordination of the interest claimed in such lands by Utility to the County,
and at the request of the County, the Utility has agreed, subject to the following
conditions, to relocate its facilities from the Utility's easement lands onto public
right-of-way, or has agreed to leave its facilities on the subordinated lands (hereinafter
jointly referred to as "Lands" and depicted in Exhibit A attached hereto); and
WHEREAS, the County is willing to pay to have the Utility's facilities relocated, if
necessary, to prevent conflict between the facilities so that the benefits of each may be
retained;
NOW, THEREFORE, in consideration of the mutual covenants and promises of
the parties hereto, Utility and County agree as follows:
Utility subordinates any and all of its interest in the Lands described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
to the interest of the County, its successors or assigns, for the purpose of constructing,
improving, maintaining, operating and accessing utility purposes, over, through, upon
and/or across such Lands, including, but not limited to, the claim of interest based on
the following:
Nature of From or Recorded
Encumbrance Date Aqainst In Favor Of Book-Paqe
Easement 10/01/2003 Collier County Florida Power & OR 3410/
District School Light Company Pg 741
Board
PROVIDED that the following rights are granted to Utility:
1. The Utility shall have the right to construct, operate, maintain, improve, add
to, upgrade, remove, and relocate facilities on, within, and upon all Lands in
OR: 3517 PG: 3053
accordance with the County's current minimum standards for such facilities. Any
construction or relocation of facilities within the Lands will be subject to prior approval
by the County. Should the County require the Utility to alter, adjust, or relocate its
facilities from or within said Lands, the County hereby agrees to pay the cost of such
alteration, adjustment, or relocation, including, but not limited to, the cost of acquiring
appropriate easements.
2. The Utility shall have a reasonable right to enter upon the Lands for the
purposes outlined in paragraph 1 above, including the right to trim such trees, brush,
and growth which might endanger or interfere with such facilities, provided that such
rights do not interfere with the operation and safety of the County's facilities.
3. The Utility agrees to repair any damage to the County's facilities and to
indemnify the County against any loss or damage resulting from the Utility's exercise of
its rights as outlined in paragraphs 1 and 2 above.
4. These terms and conditions shall be attached as an addendum to the
permit, if any, required by the County for relocation of the Utility's facilities within the
said Lands.
5. This Agreement is not assignable except to the State of Florida for the use
and benefit of the County in connection with the Utility's installation and maintenance
described above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first above written.
ATTEST:
DWlG~' , ~.~BJ~OCK, Clerk
;."
'~ ';i:?'.':~ 7~-";:'. ~uty Clerk
' A~r0~ed.~s.tO ~orm and
legal ~Qfficie~cY:
Ellen T. Chadwell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER
BY:
JAMES N. COLETTA, CHAIRMAN
Signed, sealed and delivered FLORIDA POWER & LIGHT COMPANY,
in our presence as witnesses: a Florida corporation
Name: Leslie Richards Title Co~.~al~~-
(Print or Type)
WITNESS (Signature)
Name: Donna M. Rodebaugh
(Print or Type)
Attest:.
(Seal'
, Secretar
3517 PG: 3054
OR:
STATE OF
COUNTY OF ~l:x\w,.
, The foregoing ubordination of Utility Interests was acknowledged before me this
/~x day of ~~/~( , 200.~ by ,-,,~,~no,,,,],-.~ ,(Name), as
co~'-~7~Esta~eR~'. , iTitle), °f~:lorida, Power and Light-(~°mpan~, a Florida corporation,
wh_o is persona____llly known to me or who has produced as
identification. /~ ~/~.~
(affix notarial seal) /~"~]'LJ t~ ///~ ~.-/~Z~
(Signature of Notary Pubhc)
(Print Name of Notary Public)
NOTARY PUBLIC
· .~
S e rial/Com ,n'~,~,/, · ~,,~;~ ~
'~ ~,, ~mmis~~ir~%~u~'oN
,v,y ~ ,~;'.~. "
Ill %U~l~~' Bonded Thru 6u~t
OR: 3517 PG: 3055
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PROJECT:
FOLIO:
Eagle Lakes Reclaimed
Water Storage Ponds
00438760006
3357288 OR: 3517 PG: 3057
RECORDED in O~ICIAL RECORDS of COLLIER COUNTY,
03/10/200~ at 09:58AM DWIGHT E. BROCK, CLERK
3,00
Retn:
R~ PROP~Rf~
~X? 8991
IM?RR 0~ICR/CIMD¥
ACCESS EASEMENT
THIS INDENTURE is made as of the cP~','~day of ~-J~'~:~ ,2004,
by and between DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA,
whose mailing address is 5775 Osceola Trail, Naples, FL 34109, as Grantor, and 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, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112, (the "Grantee").
WlTNESSETH:
That, for and in consideration of the sum of TEN and No/100 U.S. Dollars
($10.00) and other good and valuable consideration, receipt of which is hereby
acknowledged, the Grantor hereby grants to the Grantee, its successors and assigns, a
perpetual, non-exclusive ingress and egress easement over, and across the following
described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is incorporated herein
by reference (hereinafter referred to as the "Easement Area").
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the easement hereby granted unto the Grantee, its
successors and assigns forever.
The Grantee, by acceptance of this easement, agrees, not to interfere at any
time with the right of ingress and egress of the Grantor, its successors or assigns, or
any other party requiring access to any of the property over which the Easement Area is
granted or to any properties abutting the properties encumbered by this easement.
Grantee further agrees that it shall, at Grantee's cost, promptly repair any damage
caused to Grantor's property including the Easement Area as a result of the exercise of
Grantee's rights hereunder.
This easement may be modified at the request of the Grantor provided an equivalent
alternative permanent access easement, approved in writing by the Grantee, is
provided by the Grantor.
This easement shall be covenant running with the land and shall be binding upon and
inure to the benefit of the parties hereto.
ADDITIONALLY, to the fullest extent permitted by Florida law, Grantee shall
indemnify, defend and hold Grantor harmless from losses, damages, costs, claims and
expenses of any kind or nature arising out of or relating to the Grantee's use of this
access easement. Grantor hereby reserves the right to relocate the Easement Area.
Any such relocation shall provide Grantee reasonable access to its monitoring well
facilities. The easement granted herein shall constitute easements running with the
land and shall burden the lands described above.
THIS CONVEYANCE ACCEPTED BY THE
IOARO OF* COUNTY CON#I$$IONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO
OR: 3517 PG: 3058
IN WITNESS WHEREOF, the Grantor has caused these presents to be signed in its
name and on the day and year first above written.
DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
WITNESSES:
- ' (Si~'nature)
(Print Name)
- (S ig-nat U r~)"'-"-
(Print Name)
BY:_
Dick Bruce, Chair
Superint6n~'~r~ Strgc~°°''[s and
Ex-Officio Secretary
,,t', -x
(~'int Name)
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
~ , The foregoing Access Easement was acknowledged before me this c30' _ day of
~u~,,-'" ,2004 by Dick Uce, as Chair of the District School Board Of Collier
County, ~orida.- He is (~) personally known to me or ( ) has produced
as identification.
WITNESS my hand and official seal this
day of _, 2004.
(SEAL)
I/t,~ for~w~egal sufftcte~
// ....--,-,-
~$tsta;;t:. (;<unty Attorne)
Ellen; T, Chadwell
NOTARY PUBLIC
Notary Name:
My Commission Expir.e..~.mm,,,y/~.
.~' ~;.c~;.'.. '~.
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PROJECT:
FOLIO:
Eagle Lakes Reclaimed
Water Storage Ponds
00438760006
3357289 OR: 35~7 PG: 3060
RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY, PL
03/10/2004 at 09:58AM DWIGHT ~, BROCK, CL~HK
R~C FB3 15.00
3.00
~e~n:
BX? 8991
INTER 0FFIC~/CIND~
UTILITY EASEMENI
THIS EASEMENT, made and entered into this o2~UCday of ~. ~/:~u.,~z.~ 2004
by the DISTRICT SCHOOL BOARD OF COLLIER CO~'~'~, FLORIDA, k~vho~'~ailin~
address is 5775 Osceola Trail, Naples, FL 34109, as Grantor, and 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, having a mailing
address of 3301 East Tamiami Trail, Naples, Florida 34112, as Grantee.
(Wherever used herein, the terms "Grantor" and "Grantee" include all 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 utility easement for the purpose of maintenance of monitoring
well facilities, upon, under and across the following described lands located in Collier
County, Florida, to wit:
See attached Exhibit "A" which is incorporated herein by
reference (hereinafter referred to as the "Easement Area").
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to
enter upon said land for the purpose of maintaining monitoring well facilities, thereon.
Grantor and Grantee are used for singular or plural, as the context requires. Grantee
further agrees that it shall, at Grantee's cost, promptly repair any damage caused to
Grantor's property including the Easement Area as a result of the exercise of Grantee's
rights hereunder.
ADDITIONALLY, to the fullest extent permitted by Florida law, Grantee shall
indemnify, defend and hold Grantor harmless from losses, damages, costs, claims and
expenses of any kind or nature arising out of or relating to the Grantee's use of this
utility easement. 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:
DISTRICT SCHOOL BOARD
COLLIER COUNTY, FLORIDA
OF
' ' (Si.~ature)
(Print Name)
-- -(Sig~a'ttJr~)
BY:
Dick Bruce, Chair
(Print Name)
OR:
3517
PG:
3061
ATTEST:
Superir~te/6tl~6t o'f Schools and
Ex-Officio Secretary
(I¢'r(nt Name) .....
STATE OF FLORIDA
COUNTY OF COLLIER
)
) SS:
)
, ~ 'the foregoing Utility Easement was acknowledged before me this"~'~b'~ day of
,2004 by Dick ~uce, as Chair of the District School Board Of Collier
County, (~rida. He is ( ~ personally known to me or ( ) has produced
as identification.
WITNESS my hand and official seal this ~)¢z_. day of ,,~-~-~, 2004.
(SEAL)
EXHIBIT ~
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*** OR: 3517 PG: 3062 ***
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PROJECT:
FOLIO:
Eagle Lakes Reclaimed
Water Storage Ponds
00438760006
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this '~ day of ~ _, 2004, by and between THE DISTRICT
SCHOOL BOARD oF COLLIER COUNTY, FLORIDA, (hereinafter referred to as "Owner"),
whose mailing address is 5775 Osceola Trail, Naples, Florida 34109, 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 "County"),
whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112. WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive ingress and egress easement for the purpose of access to monitoring well facilities
(the "Access Easement") over, upon and across the lands described in Exhibit "A", and a
perpetual, non-exclusive utility easement for the purpose of maintenance of monitoring well
facilities, (the "Utility Easement") over, under, upon and across the lands described in Exhibit
"B". Exhibit "A" and Exhibit "B" are collectively attached hereto and made a part of this
Agreement (hereinafter referred to as the "Easement Area");
WHEREAS, Owner desires to convey the Access Easement and Utility Easement 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 convey the Access
Easement and Utility Easement to the County for the stated purposes, on the terms and
conditions set forth herein, said terms including that no consideration shall be due and
payable for the Easement 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 Utility Easement to the County via a Utility Easement, a copy
of which is attached hereto and made a part hereof as Exhibit "C", for no consideration.
2. Owner shall grant the Access Easement to the County via an Access Easement, a
copy of which is attached hereto and made a part hereof as Exhibit "D", for no consideration.
3. Prior to acceptance of the Access Easement and Utility Easement by the County,
Owner shall obtain from the holders of any liens encumbering the Easement Area, the
execution of such instruments which will remove, release or subordinate such liens from the
Easement Area 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
acceptance by the County.
4. This Agreement shall be null and void, and of no further force or effect, unless
acceptance shall occur within sixty (60) days from the date Owner executes this Agreement;
provided; however, that County 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 affecting County's use of the Easement Area.
5. 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, and County
is aware and understands that this Agreement is subject to the acceptance and approval by
the Collier County School Board.
6. The County shall pay for all costs of recording the conveyance instrument, and
recording costs for any curative instruments, in the Public Records of Collier County, Florida.
County shall be responsible for paying any costs and/or fees associated with the securing
and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the Property from the mortgagee(s). All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes shall be borne and
paid by County. The cost of a title commitment shall be paid by County.
7. To the extent permitted by Florida law, County hereby agrees that it shall
indemnify, defend, save and hold harmless the Owner against and from, and to reimburse
the Owner 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 Owner by reason or arising out of the County's
operation and maintenance of the monitoring well. This indemnification shall not be
construed as a waiver of sovereign immunity or any limitation of liability to which County may
be entitled per Section 768.28, Florida Statutes.
8. If the County removes the monitoring well facilities from the Easement Area or no
longer needs such monitoring well, the County shall promptly restore the Easement Area and
execute and record a termination document for both the Access Easement and Utility
Easement such that they shall be cancelled, null and void, terminated and of no further force
and effect and the Easement Area should be released, freed and discharged from the
encumbrance thereof.
9. 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.
10. Conveyance of the Access Easement and Utility 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.
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:
AS TO COUNTY:
ATTEST:
BY:
2
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD Of TH.E,'.C~I~.jIE~,C, OUNTY
WATE R-S E~E~ OisTR'I'CT..'i,,;:.
JAMES N~ COLETTA, CHA, fRMAN
AS TO OWNER:
WITNESSES:
Firsi ~it~Z~ (Sig~nat. u~'e)
Name: /klA
"/15r'int or TyPe)
Name: I~.~0~
(Print or type)
DISTRICT SCHOOL BOARD OF COLLIER
COUNTY FLORIDA
DICK BRUCE, CHAIR
ATTEST:
Superint~nd~'rit ~ ~'ho-ols and
Ex-Officio Secretary
(FSrlnt N~arn~e')' - .
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
Item# I,.?C-7
Agenda(~ I1\-~-,
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PROJECT: Eagle Lakes Reclaimed
Water Storage Ponds
FOLIO: 00438760006
REAL PROPER~I'
IN?ER OFFICE/CINDY
UTILITY EASEMENT
3357289 OR: 3517 PG: 3060
RECORDRD ill OFPICIAL RECORDS of COLLIER COUNTY, PL
03/10/2004 at 09:58AM DWIGHT E, BROCK, CL~RK
RE¢ FEE 15.00
COPIRS 3. O0
THIS EASEMENT, made and ~
entered into this o20 day of r"-~u.~.~, 2004,
by the DISTRICT SCHOOL BOARD OF COLLIER COUP, FLORIDA, whos~ mailing
address is 5775 Osceola Trail, Naples, FL 34109, as Grantor, and 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, having a mailing
address of 3301 East Tamiami Trail, Naples, Florida 34112, as Grantee.
(Wherever used herein, the terms "Grantor" and "Grantee" include all 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 utility easement for the purpose of maintenance of monitoring
well facilities, upon, under and across the following described lands located in Collier
County, Florida, to wit:
See attached Exhibit "A" which is incorporated herein by
reference (hereinafter referred to as the "Easement Area").
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to
enter upon said land for the purpose of maintaining monitoring well facilities, thereon.
Grantor and Grantee are used for singular or plural, as the context requires. Grantee
further agrees that it shall, at Grantee's cost, promptly repair any damage caused to
Grantor's property including the Easement Area as a result of the exercise of Grantee's
rights hereunder.
ADDITIONALLY, to the fullest extent permitted by Florida law, Grantee shall
indemnify, defend and hold Grantor harmless from losses, damages, costs, claims and
expenses of any kind or nature arising out of or relating to the Grantee's use of this
· utility easement. 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:
DISTRICT SCHOOL BOARD
COLLIER COUNTY, FLORIDA
OF
(Sial'nature)
(Print Name)
-- -(SigRa't6 r'~)
BY:
Dick Bruce, Chair
fHIS CONVEYANCE ACCEPTED
BOARo OF "'~, ..... BY THE
~URSUA#'r 7'0 ~.C~
(Print Name)
EXHIBIT
Page._~._ of ~
OR: 3517
PG'
3061
ATTEST:
Superir~tc~6U~6t .of S and
Ex-Officio Secretary
(P'r(nt Name)' "' '
STATE OF FLORIDA
COUNTY OF COLLIER
)
) SS:
)
, ,, The foregoing Uti ty Easement was acknowledged before me this ~. day of
d~~ ., 2004 by Dick ~ce, as Chair of th.e District S.chool ,B .oard Of _C, ol_lieec~
County,,4~rida. He is ( ~ personally known To me or (. ) nas proauc
u as identification. .
WITNESS my hand and official seal this ~¢¢-' day of' J~, 2004.
(SEAL)
NOTARY PUBLIC
Notary Name: ~£1~F ~
My Comm,ss,on Ex~,[~.~_~O~'~/,/,'
= · ~*~
Elle. 'f. Cha4~el]
EXHIBIT 2~
Psge__...k-~ of .___L._
PG: 3062 ***
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PROJECT:
FOLIO:
Eagle Lakes Reclaimed
Water Storage Ponds
00438760006
EXHIBIT
page.~/oi~
3357288 OR: 3517 PG: 3057
R~CORDED i~ O~IClkL RECORDS of COLLIER COUNTY, EL
~EC ~E 15,00
COPIES 3.00
Retn:
RBAL PROPERTY
EX?
INTBR OE~ICE/CINDY
ACCESS EASEMENT
THIS INDENTURE is made as of the c~2~ ~/~day of ~r-~.J-~z'~'~'~J,'~ _, 2004,
by and between DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA,
whose mailing addl'ess is 5775 Osceola Trail, Naples, FL 34109, as Grantor, and 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, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112, (the "Grantee").
WITNESSETH:
That, for and in consideration of the sum 'of TEN and No/100 U.S. Dollars
($10.00) and other good and valuable consideration, receipt of which is hereby
acknowledged, the Grantor hereby grants to the Grantee, its successors and assigns, a
perpetual, non-exclusive ingress and egress easement over, and across the following
described lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is incorporated herein
by reference (hereinafter referred to as the "Easement Area").
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the easement hereby granted unto the Grantee, its
successors and assigns forever.
The Grantee, by acceptance of this easement, agrees, not to interfere at any
time with the right of ingress and egress of the Grantor, its successors or assigns, or
any other party requiring access to any of the property over which the Easement Area is
granted or to any properties abutting the properties encumbered by this easement.
Grantee further agrees that it shall, at Grantee's cost, promptly repair any damage
caused to Grantor's property including the Easement Area as a result of the exercise of
Grantee's rights hereunder.
This easement may be modified at the request of the Grantor provided an equivalent
alternative permanent access easement, approved in writing by the Grantee, is
provided by the Grantor.
This easement shall be covenant running with the land and shall be binding upon and
inure to the benefit Of the parties hereto.
ADDITIONALLY, to the fullest extent permitted by Florida law, Grantee shall
indemnify, defend and hold Grantor harmless from losses, damages, costs, claims and
expenses of any kind or nature arising out of or relating to the Grantee's use of this
access easement. Grantor hereby reserves the right to relocate the Easement Area.
Any such relocation shall provide Grantee reasonable access to its monitoring well
facilities. The easement granted herein shall constitute easements running with the
land and shall burden the lands described above.
THIS CONVEYANCE ACCEPTED BY THE
BOARO OF COUNTY CO#MISSIONERS,
COLLIER CO~N'rv, FLORIDA,
PURSUANT TO AG~MDA.
DATED, ~ TY'EN NO. //~ ~ /I )
EXHIBIT
Page ~ of 3
0a: 3517 PG: 3058
IN WITNESS WHEREOF, the Grantor has caused these presents to be signed in its
name and on the day and year first above written.
WITNESSES:
DISTRICT SCHOOL BOARD
COLLIER COUNTY, FLORIDA
OF
(S~nature)
(Print Name)
-(Sig-n~tur~)"'-
(Print Name)
BY:
Dick Bruce, Chair
ATTEST:
S uper~~o~~s'and
Ex-Officio Secretary
(Print Na~e) '
STATE OF FLORIDA
COUNTY OF COLLIER
: ~ The foregoing Access,..E.a,se...ment was ack.nowledged before me this c~0 ~ day of
~/"" , 2004 by
County, ~orida' He is (u~uce, as..Ch.a,r of the District School Board Of C~lier
) persona,y Known to me or ( ) has produced
as identification.
WITNESS my hand and official seal this
~day of ,2004.
(SEAL)
^pPr,,4~lll ~ %o for~,Jega] sufftcSe~.t,
Asststo::t I:~,urff.¥ Attorne~
Ellen T, Chadwell
NOTARY P~ L~~C
Notary Name; .. ,/~,~
My Commission Expir~mm,,~
'
EXHIBITLq"
~---1__of__1__
*** OR: 3'517 PG: 3059 ***
EXHIBIT
Page ~? of ~
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