Parcels 841&941 LTP Realty
PROJECT: SCRWTP RO Expansion to 20 MGD Wellfield Project
PARCEL NO.:841/941
FOLIO: 00411000000
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinaftekf~rred to as the "Agreement") is made
and entered into on this ~ day of ~b , 200~, by and between
l TP REALTY, INC., a Massachusetts corporation, (hereinafter referred to as "Owner"),
whose mailing address is 741 Partridge Court, Marco Island, Florida 34145, 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 Easement for
the purpose of utility facilities, and access to, over, under, upon and across the lands
described in Exhibit "A" (hereinafter referred to as the "Utility"), which is attached hereto
and made a part of this Agreement;
WHEREAS, County has requested that Owner convey to the County a perpetual,
non-exclusive Access Easement for the purpose of access to, over, upon and across
the lands described in Exhibit "8" (said easement hereinafter referred to as the
"Access"), which is attached hereto and made a part of this Agreement;
WHEREAS, Utility and Access is hereinafter referred to as the "Property".
WHEREAS, Owner desires to convey the Property to County 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 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 Property via a Utility Easement and Access Easement to
Purchaser for the sum of $4,500.00, 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, 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 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,
EA - UE/AE
Easement Agreement
Page 2
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.
4. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the 80ard of County
Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the 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 except as specifically disclosed to the County; that the Owner has
no knowledge of any spill or environmental law violation on any land contiguous to
or in the vicinity of the Property to be conveyed to the County, that the Owner has
not received notice and otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental lien against the Property or
c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. 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 land underlying the Property 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 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.
10. 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
EA-UE/AE
Easement Agreement
Page 3
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 I~ day of ~ ,200 ~.
Date Property acquisition approved by 8CC:
AS TO PURCHASER:
DATED: lo-J3" dOO(P
\:., I', i) ,
BOARD OF COUNTY COM~iSSIONERS
OF COLLIER COUNTY, F~.oRIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OF~ICIO T,HE
GOVERNING BOARD OF tHE COLLIER _.
COUNTY WATER-SEWER DJ,~TRI.CT """,,::"
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ATTEST:
DWIGHT E. 8ROCK, Clerk
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BY: ~w~~o~::~
DATED:
L TP REAL TV, INC., a Massachusetts
c 'on
WI n ss (Signature)
Name~rd~
~:e) =J
Witness (Signature)
Name: /-lime-ie- F1'Z-~ S
(Print or Type)
Address:
741 Partridge Court
Marco Island, Florida 34145
Approved as to form and
legal sufficiency:
~_C>t~.
/" en T. Chadwell
Assistant County Attorney
EA-UE/AE
EXHIBIT L
Page~Of ~ t
PROJECT ...J( 1IZ 92.. \
PARCEL Cw
FOLIO (X)lH \(X:rY.YD
SKETCH AND DESCRIPTION
OF A 15' UTILITY EASEMENT
IN THE SW 1/4 OF THE SW 1/4 OF SECTION 11, TWP 50 S,
RGE 26 E, COLLIER COUNTY, FLORIDA
NORTH UNE OF THE S 1/2 OF j
THE N 1/2 OF THE SW 1/4 OF
THE SW 1/4
NB7.3S'32-E
lS.02'
170'
F.P.&L. R/W
EASEMENT
ID:
F.P.&L-FLORIDA POWER & UGHT CO.
R/W - RIGHT-OF-WAY
P.O.B.-POINT OF BEGINNING
P.O.C.-POINT OF COMMENCEMENT
S 1/2 OF THE N 1/2 OF
SW 1/4 OF THE SW 1/4
FOUO NO,:
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SOUTH UNE OF THE S 1/2 OF
THE N 1/2 OF THE SW 1/4 OF
THE SW 1/4 P.O.B.
P.O.C.
-+ SW CORNER OF
SECTION 11
---
NB7"2S' 49"E
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1166.14'
"'-- SOUTH UNE SECTION 11
1S.02'
S87"32'18-W
DESCRIPTION OF A lS-FOOT STRIP OF LAND LYING IN THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4
OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP SO SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 11, THENCE RUN NB7"2S'49-E, A DISTANCE OF 1,166.14
FEET ALONG THE SOUTH UNE OF SAID SECTION; THENCE RUN NOO"49'42-E, A DISTANCE OF 686.14 FEET ALONG A
UNE THAT RUNS PARALLEL TO THE EAST UNE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT OF
BEGINNING; THENCE CONTINUE NOO"49'42"E, A DISTANCE OF 343.07 FEET ALONG THE WEST UNE OF A 170-FOOT
FLORIDA POWER AND UGHT RIGHT-OF-WAY EASEMENT" SAID UNE RUNNING PARALLEL TO THE EAST UNE OF SAID
SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN N87"35'32"E, A
DISTANCE OF 1S.02 FEET ALONG THE NORTH UNE OF SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4
OF THE SOUTHWEST 1/4; THENCE RUN SOO"49'42"W, A DISTANCE OF 343.06 FEET ALONG A UNE RUNNING PARALLEL
TO SAID EAST UNE; THENCE RUN SB7"32'1B"W, A DISTANCE OF 1S.02 FEET ALONG THE SOUTH UNE SAID SOUTH 1/2
OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, AND TO THE POINT OF BEGINNING.
CONTAINING 5,146 SQUARE FEET OR 0.12 ACRES, MORE OR LESS.
tmIE;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULATED ARE BASED ON A ~ELD SURVEY OF
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINATE SYSTEM, FLA. EAST ZONE, 'B3/'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: SURVEYlNG@COONER.COM
CUENT: GREELEY AND HANSEN, LLC DRAWN BY: JNW CHECKED BY: J.N.W.
PARCEL DESCRIPll0N: DATE: 8/3/04 SCALE: 1-=100' REV: 10/20/04
15' UnUTY EASEMENT IN THE SW 1/4 OF
THE SW 1 4 OF SEC 11-S0-26 PROJECT No: 020901 DWG No:SEC11T-AE(PB) SHEET: 1 OF 1
..J~
N, WILKISON (FOR THE FIRM L86773)
PR SSIONAL SURVEYOR AND MAPPER
FL RIOcA UCENSE Ne> LS 4876
THIS ~AY OF ~ 2004.
---
EXHIBIT b
Page--L. of :..L
PROJECT IO~'12l.
PARCEL o~l
FOLIO ct)~(XY)(~()
SKETCH AND DESCRIPTION
OF AN ACCESS EASEMENT
IN THE SW 1/4 OF THE SW 1/4 OF SECTlON 11, TWP 50 S,
RGE 26 E, COLLIER COUNTY, FLORIDA
N87"35'32-E
~:
F.P.&L.-FLORIDA POWER & UGHT co.
R/W - RIGHt-OF-WAY
P.O.B.-POINT OF' BEGINNING
P.O. C.-POINT OF' COMMENCEMENT
SOUTH UNE OF THE S 1/2 OF
(THE N 1/2 OF THE SW 1/4 OF
THE SW 1/4
S 1/2 OF THEN '1/2 OF
SW 1/4 OF THE SW 1/4
FOLIO NO.:
00411000000
- 170'
F.P.&L. R/W
EASEMENT
NORTH LINE OF THE S 1/2 OF
THE N 1/2 OF THE SW 1/4 OF'
THE SW 1/4
P.O.C.
-+ SW CORNER OF
SECllON 11
- - - N87'25' 49-E 11181.16' . '-- SOUTH UNE SECllON 11
DESCRIPllON OF A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECllON 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECllON 11, THENCE RUN N87"25'49"E, A DISTANCE OF 1,181.16
FEET ALONG THE SOUTH UNE OF SAID SECllON; THENCE RUN NOO'49'42-E, A DISTANCE OF 686.12 FEET ALONG A
UNE THAT RUNS PARALlEL TO THE EAST UNE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT OF
BEGINNING; THENCE CONTINUE NOO"49'42-E, A DISTANCE OF 343.06 FEET ALONG A UNE THAT RUNS PARALlEL TO
THE EAST UNE OF SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE
RUN N87.35'32-E, A DISTANCE OF 155.25 FEET ALONG THE NORTH UNE OF SAID SOUTH 1/2 OF THE NORTH 1/2 OF
THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN SOO"49'42-W, A DISTANCE OF 342.91 FEET ALONG SAID
EAST UNE; THENCE RUN S87"32'18-W, A DISTANCE OF 155,26 FEET ALONG THE SOUTH UNE SAID SOUTH 1/2 OF THE
NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, AND TO THE POINT OF BEGINNING.
CONTAINING 53,163 SQUARE FEET OR 1.22 ACRES, MORE OR LESS.
P.O.B.
155.26'
S87'32'18-W
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THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIELD SURVEY OF
SECTION 11. BASIS OF BEARING: STATE PLANE
COORDINA TE SYSTEM, FLA. EAST ZONE, '83/'90.
" ~ -
~W..f~_____
JAME . WILKISON (FOR THE FIRM L86773)
PRO SSIONAL SURVEYOR AND MAPPER
FLORIDA ,.U CENSE N~lt' ~J4876
THI~...J , DAY OF . 2004.
THIS IS NOT A SURVEY
JEFFREY C. COONER AND ASSOCIATES, INC.
SURVEYING AND MAPPING
3900 COLONIAL BL YD., SUITE 4, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNG@COONER"COM
CUENT: GREELEY AND HANSEN, U.C DRAWN BY: JNW CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DAlE: 8/3/04 SCALE: 1-.100' REV: 10/20/04
AN ACCESS EASEMENT IN THE SW 1/4
OF' THE SW 1 4 OF' SEC 11-50-26 PROJECT No: 020901 DWG NO:SEC11T-AE(AEB) SHEET: 1 OF 1