Bradstrom Village Condo/Easement Agreement PROJECT: Pump Station 300.06 Generator
PARCEL: Bradstrom Village Condominium
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this i day of ,T‘21 ‘./ , 2019, by and between by BRADSTROM
VILLAGE CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation,
(hereinafter referred to as "Owner"), whose mailing address is 326-338 Bradstrom Circle,
Naples, FL 34113, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO
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;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for utility, access
and maintenance 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, 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 Three Thousand Five
Hundred and Fifty Three Dollars ($3,553.00), 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.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement, the execution of such 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,
Easement Agreement Page 2
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. 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. Purchaser shall install landscaping to buffer the Easement and improvements installed
thereon. Once installed, Owner shall maintain all landscape buffering. Should Owner fail
to maintain such buffering, Purchaser may, at its sole discretion, trim and maintain the
landscape buffer and bill the Owner for all actual costs incurred in maintaining the
landscape buffer.
CifF
Easement Agreement Page 3
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 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. 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.)
12. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN
WITNES WHEREOF, the parties hereto have executed this Agreement on this
CZ:71 day of NOVEM BLS , 2019.
Date Easement acquisition approved by BCC: II l I al l'
AS TO PURCHASER: ((}
DATED: 1 Vfl1,iYYI�Q,Y' l { ur
BOARD OF COUNTY COMMISSIONERS;•
ATTEST: OF COLLIER COUNTY, E
FLORIDALORIDA, AS T "
CRYSTAL:Kr KINZEL, GOVERNING :► - --TTHE;COLLI'ER
Clerk of th'2'Ci •uit-court COU T , ` V1LER ► ST' •
t" '1 • , �,�.
1 f 1 rig • , C• er' F�� f
�, • n De,•u f Jerk / LIAM L. MCDANIEL, JR, Chairnb
" • , as fo Chairnt s "
SigI!Z!tfsp.-14•• tt13 ��y'' SIGNATURES CONTINUE ON FOLLOWING PAGE)
Easement Agreement Page 4
AS TO OWNER:
DATED: ) //f i9' BRADSTROM VILLAGE CONDOMINIUM
ASSOCIATION, INC., a Florida not for
profit corporation
By: /!�' .(1Ll ��•�1 �1.
Witness (Signa --)
Name: AnAise, ✓ Print: / 1//JAZ () u�"�,12�"
(Print or Type)
1 n� Its: '�R �S € of
I
`,f"
Witness (Signature)
Name: Uei /fSl i �u 'l1
(Print or Type) ,
Approved as to form and legality:
Jennifer . elpedio,
Assistant County Attorne °\
S
CURVE TABLE
-� CURVE RADIUS DELTA CHORD BEARING CHORD LENGTH
ST. ANDREWS BOULEVARD Cl 2200.00' 0.29'41" 582.53'51"E 19.00' 19.00'
P.O.C. (SO' RIGHT-OF-WAY) I'EVARD C2 2200.00' 0'54'42" S83'45'25"E 35.00' 35.00'
WAY) (PLAT) o
NW CORNER OF_ C3 2230.00' 0'53'57" N83'45'47"W 35.00' 35.00'
LOT 1, BLOCK 22, �—
LELY GOLF ESTATES — �
ST. ANDREWS EAST
(PB 10, PG 98) P.O.B. - �-
PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA NORTHERLY LINE OF LOT I NI-
C
Cl C2
LU
o
1h 0 0 _
tfe 4.epkw n co) O
0 W O 2 10'UE -
w
o� � C3 0 (PLAT)
o (, ' DESCRIBED PARCEL OF LAND
Ni
.j n sW (1,050 SQ.FT tJ LOT 1
3 I BLOCK 22
0-0 LELY GOLF ESTATES ST. ANDREWS EAST
Zo a 25'DE (PB 10, PG 98)
o (PLAT) I PHASPHASE 3 BRADSTROME VILLAGE,
0
U BRADSTROM VILLAGE,
0 m I
Q A CONDOMINIUM A CONDOMINIUM
rn E I (ORB 1415, PG 1107)
(ORB 1415, PG 1 107)
I DESCRIPTION
I
I A PARCEL OF LAND
O LYING IN
"' LOT 1, BLOCK 22, LELY GOLF ESTATES ST. ANDREWS EAST 0 12.5 25 50
m SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST I 1
o COLLIER COUNTY, FLORIDA (INTENDED DISPLAY SCALE: 1"=50')
a'
9 A PARCEL OF LAND LYING IN A PORTION OF LOT 1, BLOCK 22, LELY GOLF ESTATES ST. ANDREWS EAST, AS RECORDED IN PLAT BOOK 10,
m PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO LYING IN A PORTION OF PHASE 3, BRADSTROM VILLAGE, A
^ CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 1415, PAGE 1107, OF SAID PUBLIC RECORDS, SECTION 20, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
rn
a
COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED LOT 1, SAID POINT BEING THE BEGINNING OF A CURVE TO THE LEFT,
c THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1 AND SAID CURVE TO THE LEFT HAVING A RADIUS OF 2,200.00 FEET (CHORD BEARING
15.82'53'51"E.) (CHORD 19.00 FEET) (DELTA 00'29'41") FOR A DISTANCE OF 19.00 FEET TO THE POINT OF BEGINNING.
q FROM SAID POINT OF BEGINNING, THENCE CONTINUE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 2,200.00 FEET (CHORD BEARING
a' S.83'45'25"E.) (CHORD 35.00 FEET) (DELTA 00'54'42") FOR A DISTANCE OF 35.00 FEET; THENCE S.0721'00"W. DEPARTING SAID NORTHERLY
2 UNE OF LOT 1, A DISTANCE OF 30.00 FEET TO A POINT OF NON-TANGENT CURVATURE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE
t RIGHT HAVING A RADIUS OF 2,230.00 FEET (CHORD BEARING N.83'45'47"W.) (CHORD 35.00 FEET) (DELTA 00'53'57") FOR A DISTANCE OF
v 35.00 FEET; THENCE N.07.21'00"E., A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
Y
N
i CONTAINING 1,050 SQUARE FEET, MORE OR LESS.
o NOTES:
0
P, 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE USED AS
v, ONE.
..--' 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN FEET AND
i ARE PROJECTED ONTO THE FLORIDA STATE PLANE COORDINATE SYSTEM,
Y EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83), 2011
N ADJUSTMENT.
NOT A SURVEY 3. BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY LINE OF LOT 1,
z I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE BLOCK 22, LELY GOLF ESTATES ST. ANDREWS EAST, WHEREIN SAID
= AND BELIEF, THAT THE LEGAL DESCRIPTION AND WESTERLY LINE BEARS N.0721'00"E.
i SKETCH WERE PREPARED I _ACCORDANCE WITH THE 4. PARCEL CONTAINS 1,050 SQUARE FEET, MORE OR LESS.
N APPLICABLE PROVISIONS'''OF CHAPTER 5J-17.05, 5. P.O.C. = POINT OF COMMENCEMENT
o FLORIDA ADMINISTRATIVE CODE;,PIeS&;ANT TO 6. P.O.B. = POINT OF BEGINNING
2, CHAPTER 472,j'"FLORIDA`S1 ATU i ES. .• 7. ORB = OFFICIAL RECORDS BOOK
a, o* t?..' -. '- 8. PB = PLAT BOOK
O ... ' • .CV DE = DRAINAGE EASEMENT
11. UE = UTILITY EASEMENT
N MARK A; TEXTiR FO.' 114E F4 ?:I L.B. 64 ,! 7, 12. -R/W- = RIGHT-OF-WAY d
a PROFESRI0NAL SURVEYOR AND MAPF R13. SQ. FT. = SQUARE FEET Air
FLORIDA-CERTIFICATE NO. 6392 t - 14. R = RADIUS EXHIBIT
2 °i 15. A = DELTA /
i DATE SINE ,___"_� 2O" �Z./ 16. CB = CHORD BEARING PAGE / OF
D
c# NOT VALID,,Wffe..uT Ti IC f‘1,3-1/TURE ANDu ORIGINAL 18. L = ARC17. C = LENGTHRAISED SEAQ OF P, FLo?IDA LI.-,ENSEp'SURVEYOR
AND MAPPERr. 19. q = CENTERLINE
S
� JOHNSON ENGINEERING, INc. SKETCH AND DESCRIPTION
OH N � 2122 JOHNSON STREET- A PARCEL OF LAND
JP.O. BOX 1550
`r FORT MYERS, FLORIDA 33902-1550 SECTION 20,TOWNSHIP SO SOUTH,RANGE 26 EAST
PHONE: (239) 334-0046 COLLIER COUNTY,FLORIDA
ENGINEERINGE.B. #6429&3L.B.-#642 °8_,9_,9 201497000203 Flo-50- 26 SCALE
=5O SHEET
OF 1