Parcel 866 Easement Agreement
PROJECT: SCRWTP RO Expansion to 20 MGD Wellfield Project
PARCEL NO: 866
FOLIO NO.:76885050568
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this I ~i1I day of 5' £ PrEflt BE R, 2005, by and between
DOMINION VIDEO SATELLITE, INC., a Florida corporation, (hereinafter referred to as
"Owner"), whose mailing address is 3050 North Horseshoe Drive, Suite 290, Naples,
Florida, 34104, 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 access
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, 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;
NO\V 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 Eighteen
Thousand, Nine Hundred and no/100 Dollars ($18,900.00), 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, including attorney's fees, expert
witness fees and costs.
2. . Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Easement, the execution of such
instrumer:ts 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. 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,
encumbran.::es 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.
Easement Agreement
Page 2
5.
OWAor repr€seAl<Hhat-lhe-prepefty uAde,lyiAg the [a"emeAI, aAd all usee IIf Ihe ~
:: ~rty~=~:a~~:o~e:~:~ :-==.:~1: =~
§eAefated;-stor€å;-4feate~A5feffed -en th~ ~Ry-tffieteFl;ng tAe EaseffleAt-;;ê::
'oxoept 3S Ðßcoifio311y disolosed to the Purohoc}Or; that·"1he 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.
6.
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.
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 &nd construed in accordance with the laws of the
State of Florida.
Easement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this I ~íHday of S' £f7"EAfP/EÞ- 2005.
Date Easement acquisition approved by BCC: May 10, 2005
Resolution No. 2005-190/CWS 2005-02
AS TO PURCHASER:
DATED: q /I~/O£'
, ,
ATTEST:
DWIGHI.~...~ROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W. ~
Fred W. Coyle, Chairman
DOMINION VIDEO SATELLITE, INC.
a Florida corporation
President/Vice President
ame (print) k...;J!}l,l,.d,.)
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Approved as to form and
legal sufficiency:
h-1.< - ~ ~
.....
Ellen T. Chadwell
Assistant County Attorney
EXHiBBT A
P8gG I of ~
PROJECT 7015 C¡ :¿/
PARCEL f;~¿,
F OL 10 7 b is' q' -6- ¿) ç- 0 s- ¿, 't
SKETCH AND DESCRIPTION OF
AN ACCESS EASEMENT
IN TRACT 11, TOLLGATE COMMERCIAL CENTER, PHASE 2,
OF SECTION 35, TWP 49 S, RGE 26 E, COWER COUNTY, FLORIDA
t:!QlE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY OF
SECTION 35. BASIS OF BEARING: STATE PLANE
COORDINA TE SYSTEM, FLA. EAST ZONE. '83/'90.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., SUITE 4, FORT MYERS, flORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRA~ BY: JRF CHECKED BY: J.N.W.
PARCEL DESCRIPT10N: DATE: 8/27/04 SCALE: 1"-100'
AN ACCESS EASEMENT OF TRACT 1"
T.C.C. PH 2 OF SEC 35-49-26 PROJECT No: 020901
PROPOSED 15'
UTILITY EASEMENT
PARCEL TWO,
T.C.C.
PH. ONE
PB 16, PG 1
ts.EJ:::
COR. - CORNER
F.P.del. - flORIDA POWER de LIGHT CO.
R/W - RIGHT-OF-WAY
T.C.C. - TOLLGATE COMMERCIAL CENTER
PB - PLA T BOOK
PG - PAGE
PH. - PHASE
P:q.B. - POINT OF BEGINNING
P.O.C. - POINT OF COMMENCEMENT
SOUTH LINE
PARCEL TWO
J~--
JAM N. 'MLKISON (FOR THE FIRM LB6773)
PRO SSIONAL SURVEYOR AND MAPPER
flORIDA LICENSE NO. LS 4876
THIS ~AY OF ~, 2004.
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INTERSTA IT 75
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85.02'
SOUTHERLY R/W UNE
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P.O.B.
NE COR.
TRACT 11.
T.C.C. PH. 2
85' 0 90'
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TRACT 18
T.C.C.
PH. J
TRACT "0"
T.C.C.
PH. 3
TRACT 11
T.C.C.
PH. 2
PB 18. PG 24
FOUO NO.:
76885050568
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170'
F.P.deL.
EASEMENT
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85.01'
N89'56'16"E
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TRACT 17
T.C.C.
PH. J
SEE SHEET 2 OF 2
FOR DESCRIPTION
REY: 10-20-04
DWG No:sEc35T-AE(AE7) SHEET: 1 OF 2
EXHBB3T A _
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PROJECT -log 7 :2-1
PARCEL --5'0 b -
F OL 10 7 ~ '8'" 'If {- -
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SKETCH AND DESCRIPTION OF
AN ACCESS EASEMENT
IN TRACT 11, TOLLGATE COMMERCIAL CENTER, PHASE 2,
OF SEC110N 35, TWP 49 S, RGE 26 E. COWER COUNTY, flORIDA
DESCRIPTION:
A PARCEL LYING IN TRACT II, TOLLGATE COMMERCIAL CENTER, PHASE 2. AS RECORDED IN PLAT BOOK 18,
PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID' TRACT II, THENCE RUN NORTH 87'55'12" WEST FOR A
DISTANCE OF 85.02 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 75 TO A LINE THAT IS
85 FEET WEST OF (AS MEASURED AT RIGHT ANGLES). AND PARALLEL TO THE EAST LINE OF A 170-FOOT /
flORIDA POWER &; LIGHT COMPANY EASEMENT; THENCE RUN SOUTH 00'46'58- WEST FOR A DISTANCE OF
469.6.3 FEET ALONG SAID PARALLEL LINE; THENCE RUN NORTH 89'56'16- EAST FOR A DISTANCE OF 85,01
FEET ALONG A LINE THAT IS A EASTERLY EXTENSION OF THE SOUTH LINE OF PARCEL TWO, TOLLGATE
COMMERCIAL PHASE ONE, AS RECORDED IN PLAT BOOK 16. PAGE 1. PUBUC RECORDS OF COLLIER COUNTY.
FLORIDA; THENCE RUN NORTH 00'46'58- EAST FOR A DISTANCE OF 466.45 FEET ALONG THE EAST LINE OF
SAID 170-FOOT FLORIDA POWER & LIGHT COMPANY EASEMENT TO THE SOUTHERLY RIGHT-OF -WAY LINE OF
INTERSTATE 75 AND THE POINT OF BEGINNING,
CONTAINING 39,784 SQ. FT., MORE OR LESS
/
.'
SEE SHEET 1 OF 2
FOR SKETCH
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BLVD., surtE 4, FORT MYERS. FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 8/27/04 SCALE: NA REV:
AN ACCESS EASEMENT OF TRACT II,
T.C.C. PH 2 OF SEC 35-49-26 PROJECT No: 020901 DWG No:sECJ5T-AE(AE7) SHEET: 2 OF 2