Dorta - Easement Agreement 16C 3
NE Service Area Integration—Dorta
TAX ID# 37640760003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this 27 day of .,bra.ar..•" , 2018. by and between
SHERYL L. DORTA, AS TRUSTEE OF THE SHERYL LYNN DORTA LIVING TRUST,
DATED MARCH 11, 2016, AND ROBERT W. DORTA, AS TRUSTEE OF THE
ROBERT WAYNE DORTA LIVING TRUST, DATED MARCH 11, 2016, (hereinafter
referred to as "Owner"), whose mailing address is 3161 8th Street NW, Naples. FL
34120, 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. its successors and assigns (hereinafter referred to as
"Purchaser"), whose mailing address is 3335 Tamiami Trail East. Suite 101, Naples,
Florida 34112-5356;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for utility
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, any utility pipelines installed in the Easement will be underground;
WHEREAS, should there be a need to repair or modify the underground utility, the
Owner's property will be restored to pre-existing condition at Purchaser's cost;
WHEREAS, Owner desires to convey the 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;
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 convey the Easement to Purchaser for the sum of Four Thousand
Five Hundred and 00/100 dollars ($4,500), payable by County Warrant (said
transaction hereinafter referred to as the "Closing"). Said payment shall be full
compensation for the Easement conveyed, including all landscaping. trees,
shrubs, improvements, and fixtures located thereon, and for any damages
resulting to Owner's remaining lands, and for all other damages in connection
with conveyance of said Easement to Purchaser.
2. Prior to Closing, Owner shall obtain from the holders of any liens. exceptions
and/or qualifications encumbering the Easement, the execution of such
Easement Agreement Page 2 1 6 C 3
instruments which will remove, release or subordinate such encumbrances from
the Easement upon their recording in the public records of Collier County. Florida.
Owner shall provide such instruments, properly executed, to Purchaser on or
before the date of Closing.
3. 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.
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.
4. 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.
5. 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.
6. 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.
7. 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.
Easement Agreement Page 3 1 C 3
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. Conveyance of the 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. If the Owner holds the property underlying the Easement in the form of a
partnership, limited partnership, corporation. trust or any form of representative
capacity whatsoever for others, Owner shall make a written public disclosure,
according to Chapter 286. Florida Statutes, under oath, of the name and address
of every person having a beneficial interest in the property underlying the
Easement before the Easement held in such capacity is conveyed to Purchaser,
its successors and assigns. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286. Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this,Z7-ri' day of k, pLN , 2018.
Date Easement acquisition approved by BCC:
AS TO PURCHASER:
ATTEST: BOARD OF COUNTY COMMISSIONERS
• h;a COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY QF.'COLLIER
DWIGHT E: BROCK: Clerk COUNTY AND AS EX-OFFICIO THE
GOVERNING BOA ZD OF THE
COLLIER COUNTY WATER-SEWER
DISTRICT •
.� iii
A6tt as to Chairid11' ,D=•
signature only.
BY: A
Approved as to form and legality: ANDY SOLIS. Chairman
Jennifer A BelpedgCUat0e-a-elti
Assistant County Attorney
0
Easement Agreement Page 4 1 6 0 3
AS TO OWNER:
WITNESSES:
0 ,‘11 :* --TICk.p-ok
VJitn s(Signature)
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Witness(Name) i 9
,-
SHERYL RTA, AS TRUSTEE OF
THE SHERYL LYNN DORTA LIVING
Witness(Signature) TRUST, DATED MARCH 11, 2016
Witness(Name)
WITNESSES:
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Witness(Name) 41?
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�� ROBERT W. DORTA, AS TRUSTEE
__.�/�•- �� OF THE ROBERT WAYNE DORTA
•. . LIVING TRUST, DATED MARCH 11,
2016
Witness(Name)