Loading...
Parcel 904 16C2 " MEMORANDUM Date: December 6, 2004 To: Thomas A. Deusa Property Acquistion Specialist From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Easement Agreement with Uppa Creek Investments, LLC. Please find enclosed a copy of the document as referenced above, (Agenda Item #16C2), approved by the Board of County Commissioners on June 22, 2004. If you should have any questions, please call me at 774-8411. Thank you, Enclosure PROJECT: North Hawthorn Wellfield Transmission Mains PARCEL NO.: 904 FOLIO NO.: 37065400003 16C2 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter ~eJerred to as the "Agreement") is made and entered into on this ~ {o-t'^ day of --peu I'Y; l.::H r ~, 2004, by and between UPPA CREEK INVESTMENTS, LLC, a Florida limited liability company, (hereinafter referred to as "Owner"), whose mailing address is 12073rdStreet,South,Suite 1, Naples, Florida 34102, 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 Utility and Access Easement for the purpose of utility facilities and access over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property 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 Property. NOW THEREFORE, in consideration of these premises, the sum oj 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 Property via a Utility and Access Easement to Purchaser for the sum of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property 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 Property to Purchaser and the Purchaser's use of the Property, including attorney's fees and costs as provided by Chapter 73, Florida Statutes. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in tile 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, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instruments to Purchaser in a form acceptable to Purchaser. EA-UE Easement Agreement 16 C~e 2 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. 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. Purchaser 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 land underlying the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 6. 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. 7. Conveyance of the Property 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. 8. If the Owner holds the land underlying the Property 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 land underlying the Property before the Property 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.) 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. EA-UE Easement Agreement 1 ~ C6a:~ -' IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~...~ day of "De.c..e~ \)~t' ,2004. Date Property acquisition approved by BCC: Resolution # 2004-215, June 22, 2004 AS TO PURCHASER: DATED: I~' D(g. oc.( ATTEST: DWIGHT E. BROCK, Clerk Itness (SiQ{2m~r~wEIKHARDT Name: ~ .~~.. Witness (Si9.!J,.aJure4 . fJ. . Name: o..)tlU€ W4 WU6 (Print or Type) Approved as to form and legal sufficiency: k~l%~ "'Ellen T. Chadwell Assistant County Attorney EA-UE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF CQJJ,.J~fl COUNTY AND AS EX-OFFIOKfTHE''ii"", GOVERNING BOARD OF.:THI::COLLlER "'<. COUNTY WATER-SEWe.R;t>>ISTRICT.{.., .~. BY: . .- . . ~ ~:;;);: '-;.;, ~'"~ -- . ~ . " -', .' " . ~~ -;.~ ' . ....... . ~ '-:~ ;~":, ..,:' Donna Fiala, Chairma~""'11 ',.. '.. . ,,,," , 'J;; II Ll t:', \ '.1 " " Item # lit, (.. 7.. I!.:]. ~ . 0 If /1 - to "0'1 CUe Da.te R0,~d f N ;to N ~ ~ CJI ~ I: ~ c: ~ /" ~ :u /" Z ~ ~ I i q Ul ~ en 0. )>OC-lZ'l)> CDJ"lloIOrZ (j)AlJ"llJ"ll-l?-O -l:::!Z :::0 :::O'l(j)O<rJ"ll )>ofT1:::O)>o~ o)>oG)r. -liT1(J)zoz~ 6 C~~PCD 0:::0 -l J"ll -l .. ~ :.;0 I ~ 0 . :.;o)>-<~O(1)?' J"llCO(j)C(Jl < :::0 f"ll -~ -0 fTi:2 0 tn ~O~(J)~ ~ o ~ 0 f"ll f"ll . N )>(J) ,,--,. )>s::r- 'l0~ :::!)>O~ ~=g")> :~ fl= ~ )> ~ I~ CD ~fTl I 0)> ~~ -l>- :::0 Z ^'~- ~ 00 ~~ )> '--'~ 1Il n > F,; ~ . II Ol q t:t ~ J ~ 5 ~ l' Id~ ~J~ ~~H ~"~~ .. iifi 51 ~ :~.i ~.. ~ ~a' 2 ~ ' ~ f' if ?l ~ ~....~~ i ~ AQ) l!i l 0'1 I G1 ._ 9 ~ 3 ~ r.1 ~ I ~ ~ '1l i'g ;g Ul " gj ~ ~6 ~ ~ ~~ ~ ~ I ~:r: ~ i ~ I ~ 8 C) 01 (') C) MI"l Vi' ~ () 0;0 ~ =0 n :::j ClO Ul~ -0 C lD c: (') ~() ~o ClE 2Sti fl() 20 ID~ ~~ o ~ ~ ~ -8 o ~ "T\ " CD l;J ~ ~ -~ ~ <:)~ ,<:),. . I ~ v-. TRACT 52 NOO'19'1 "E 32.52' 16 C2~!~,:: o ::0 . ~ 6 ~ ro frio (J)c (J)z ~ ... rnm(Jlrn-l>-~N""'G) ",. . -<" " . , ", - Z Zrn (/)oOQ IQrrI' G)~co::u::u s:::::o .......rnr.. ",)> Z^''-r zr CXlzfTl-rnu CXlG)OfTlO ~z N(j)-l::OOOIlOO N -lO^" Z-l - rn 0 0 ." lJ (J) fT1 U)> )>- (J) O(J) czQ~)>" rrif"ll~~o)>o:;O . 0 (J) -< r fT1 fll f"ll lJ:::or- O~lJ)>fTl Z ZfTl;oG)OO ZOfTlofTl'l -l -l (J) fTl I (J)'U-:::OOfTl fTl fllZO:::O-l )>Al" _ ZZ::<O rn)> 00 :::0 fTlZ :;0 )>~ 00 -l :::0 lJ )> I fTl lJ :::J (J):.;oO r-l)>Z - ;0- Z -(J)lJ rr10fTl.,... -l:::u", 00 0" 'lZ::E~ (J)fTlO (J) rnfTl fTlornO O'l :::J (/) O:::O::::j ZfTlf"ll O. UlO , :::0 o lJ ~ ----i ill o o ^ ~ GJ 0 rO 0, fTl:;o Z. G)rn )>0 -l0 -1 rr1^ ::u rr1U )> UJ U1 () ~O -1 -jUl rr1' CO UJlJ U1 C)> Z() _rr1 ----i z m 0 to '. " ~ ... " ",,'-0 '" '" '" '" ,~, ?~ ~~ _ "",,,~ ---l (:) ~~~ a. "<"" ~ ~ ",'" "" "'~ ~ s~ ~~ " ~ // 0 , -lz . / '" -"'" ~ 0 ::0 '" ~ '" Z ~ ill " ? "- (j) 0 Z (J) "~ .. I 0 (Xl ',,- --< '" Z lJ ~ ^ ~ CXl '... ? '" (Xl -l>- IT\ N lJ . "Z cq <.0 (Xl N'd"'N 0 en~ N. ."? N (j)".OJ ~ ~ '" n '" ~ 0 (J) fT1 ~ ", Q "" O~ ~ f"ll ~ 0 , C/J" IO GJ ~ ',C/J" fTl -:::! fTl ' " 0 en '" ~ " en :.;0 Z en, C/J "en )> o "'[!l" 0 ~(Jl U '" ~~ IN 1'1 OJ. z" OJ -"'.--J' I,,, I'" , .>" ", 0<. "'~ .'~~ ''', ~ " l~ ( 1"",><> , ~' ,,--,. fTl (Xl ;'''''' < lJp-o ',,' ~ (J) . ' '" ", '" -:j ~ ~ <"',>" ~ ~ "".......... '" -j?; ',,- ~ "" () "...... '", ~M~ ~ ~~ '" ~, "" .~':~~ '~' "" "', "" '" "" '", SOO'l 9' 1 C "w 32.52' ill Oz 00 ^-l NlJ ~~ .-l>- ~ fT1 lJo )> GJ /i1 N N U -l>- U ~ OJ N N ---J ~ (J) -l ." ""U o :Jao '-'0 ~ () C> "" ,- lA) ~ () I\~ ~tl \.1'\ (, -...i::. ' \:)~ ~ <:l (". v OOlJ)>C)-jO O'lr(J)oIITl Z )> rfTl(J) ~-i-l:::oo () o }>I fTlfTlZ;o C -fTlrnOZO- ~ Z 00 :::o'"Q ZlJo:::OGJ-i:::::l GJC^O)>IO m 1Tl-l Z r.f>.ofTllN" 0-- N . 0 fTl' -l>- lJZ(J)Ul <.0;:0)> -l0 NfTlG) )> ---JOJ"ll -l'l o (J) fTl fTl )>:::0 UJrrJ 00"'" -l :::0(/)0 C fTl ..... zO (/)01 ::::j'l s:: 'l C; ~-j OON 0-:;;' :::00' . 0 fTl~ ~________~___________________ oiTi (Xl :.;0 :::u ,Ul o fTl o s:: }> r UJ -l I fTl :::u fTl o 'l tI 11 TH STREET NW 'U )> () 1'1 UJ o )> Z o o No 60' RIGHT-OF-WAY . (PLAT) - -- - -t-- -- _ _____ __ __ ___ _ _ __ __ _ _ ______ 'l r o :::0 o ?> TRACT 86 VJ