Parcel A
PROJECT: AUTO RANCH ROAD
PARCEl: "A"
FOLIO No.: 00769400006
Prepared By:
Je~nifer A. Belpedio. Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
~' .:-v{'
~- ~ AGREEMENT
\i:'- EAc J.\ A C;I~LE WOMAv
THIS AGREEMENT (herein fter eferred to as the "Agreement") is made and entered
into on this i'Ada of e er-, 2007, by and between ANN L. MARTIN and
YVONNE G. A, hose mailing address is 950 Auto Ranch Road, Lot 11,
Naples, Florida 34114-8914, (hereinafter referred to as "Owners") 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, whose mailing address is 3301 Tamiami
Trail East, Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County desires to construct water lines and pipes, water meters, fire
hydrants, and other related equipment or improvements within, under and upol") the following
described property: .
See Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the
"Property"); and
WHEREAS, the project to be constructed by County will benefit Owners and Owners'
neighborhood by providing an improved and reliable water distribution system and fire
protection capability, all meeting utility standards; and
WHEREAS, all cost and expense for construction of the project will be assumed by
County, and neither Owners nor other property owners in Owners' neighborhood will be billed
for the cost of constructing the project; and
WHEREAS, Owners have agreed to convey to County a perpetual, non-exclusive utility
easement over, under, upon and across the Property (hereinafter referred to as "Utility
Easement"); and
WHEREAS, Owners recognize the benefit to Owners and desire to convey the Utility
Easement to County for the stated purposes, on the terms and conditions set forth herein,
said terms including that no compensation shall be due and payable for the Utility Easement
requested by County over, under, upon and across 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. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
2. Owners shall convey the Utility Easement to County, at no cost to the County, unless
otherwise stated herein. Said conveyance (Owners' delivery to County of the properly
executed Utility Easement instrument) is hereinafter referred to as the "Closing."
3. Prior to Closing, Owners 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. Owners shall provide such
instruments, properly executed, to County on or before the date of Closing.
4. Closing shall occur within sixty (60) days from the date County executes this
Agreement; provided however, that County shall have the unilateral right to extend the
term of this Agreement pending receipt of such instruments, properly executed, which
Agreement
Page 2
either remove, release or subordinate any and all such liens, encumbrances or
qualifications affecting County's enjoyment of the Property.
5. Owners are aware and understand that this Agreement is subject to acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
6. County shall pay all fees to record any curative instruments required to clear title, all
Utility Easement recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Utility Easement.
7. 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 assigns, whenever the context
so requires or admits.
8. Conveyance of the Utility Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written Agreement
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.
9. This Agreement is governed and construed in accordance with the laws of the State of
Florida
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
DATED:~
BY....:.Qj'4<-l~"'- O-L '
: . . ,De ty Clerk
At1est IS to InIIA ,
s 1 on'~", . OIl.l.~.
',,"~I .
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA ~$!:;;;;'iI"
THE GOVERNING BODY OF CottiER "".,
" " .
COUNTY AND AS EX-OFFICla, THE "
GOVERNING BOARD OF TI:iE.:COLlIER
COUNTY WATER-SEWER BI$TRK;T '.
ATTESif~,l;'"
DWIGHT E.SROC~!, qle{k
BY:
'.
'.
"
ames Coletta, Chairman", \""::,,
, II I I Ii I ~ 1 j ~ \ .
AS TO OWNERS:
it e ignature)
Name~ B\~
(Print) L
~~g~~k~ ct:
NameC~~~ E. edr~t\~
(Print)
~c!..NY!1~~
__ _ _' __ ___..~_~,. ...,_ ...._.._..._.."~ _,_._____....~M...._.._.,._____,_~__
Agreement
~jJ,aruffi)
Nam;:S-ASnAJ '13 \~
~ (Print) (1 . ~~.
~ 2'. M.W\~ ld,
Witness (Signature)
Name:~"~~ f.Carnl1~;rv.
(Print)
2~~ A, 7kJ~7C.
/ YVONNE G. MARTIN
Approved as to form and legal sufficiency:
~A~ ~
Jenn" elpedio- ()
Assistant County Attorney
Page 3
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COWER COUNTY, FLORIDA
EXHIBIT "A"
DESCRIPTION:
A PARCEL OF LAND BEING THE EAST 10,00 FEET OF LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 2859, PAGE 2927, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, ALSO BEING IN THE WEST HALF OF THE WEST HALF
OF SECTION 20, TOWNSHIP 51 S, RANGE 27E, COLLIER COUNTY, FLORIDA.
EASEMENT CONTAINING 1,850 SQUARE FEET, MORE OR LESS.
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A L1CENSEO FLORIDA SURvEYOR
AND MAPPER
AIM Engineering & Surveying, Inc. LB 3114
__ 5300 LEE BLVD.
- - PO. BOX 1235
=- i "iiii!!E LEHIGH ACRES
=- : ~ FLORIDA 33970
ii:F'" ~ : (239) 332 4569
.,._.',. FX (239) 332 8734
PREPARED BY:
AIM ENGINEERING & SURV['(lr~G, '~JC
~.\'\
, . -
RICHARD C. McCARTH ,-FJ5;"T-
PROFESSIONAL SURVEYOR ANI) MAPPfR
FLORIDA CERTIFICATE ~W. 5688
O~'OI-61
DATE
THIS IS NOT A SURVEY
SHEET 1 OF 2
PROJECT NUMBER DESCRIPTION
06-9272
DRAWN BY:
JS8
10FT EASEMENT
CLIENT
DATE:
2/6/07
SEe TWP RGE
20 51S 27E
COLLIER CO. WATER DISTRIBUTION
I FilE: 'COUN TY:
I 06 9272 DWG COLLIER COUNTY
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COWER COUNTY, FLORIDA N
EXHIBIT "A"
NORTH UNE SECTION 20
LOT 47
llJ
Z
::J
0 ~
0 z
O,R,BOOK-2859 PAGE-2927 lI'i :> lOT 48
N/F ANN L MARTIN 00 lil
MOBILE HOMES ~ 5
0
<'l
a..
z
0 WEST i OF THE WEST i EAST
~ 10'
SECTION 20 lOT 49
lJl
llJ P
z
::J >
t;; --'
'"
.... :.:
~ LOT 50 I~h
'" ..,
w - I ::E......
~
~ w ::EO<:
~~"
'" ~ ~qs
w~o.
",-gl
6J --'
'-'~N <(
w-
~~~ LOT 51 >-<
;/ 0 0
0..'=0 0<:
zlD
'0 ;/::>~
0 b :I
lI'i 0: 0.
r<) \
~
~ \
LOT 52
.'
EAST LINE OF THE WEST ~
OF THE WEST ~
SECTION 20
1335.99'
SOllTH UNE S
SOUTHWEST CORNER OF
SECTION 20, TOWNSHIP 51 SOVTH, RANGE 27 EAST.
LEGEND
N/F = NOW OR FORMERLY
OR = OFFICIAL RECORD
PG = PAGE
R/W = RIGHT-OF-WAY
AIM Engineering & Surveying, Inc.
========== 5300 lEE BLVD.
=== === P.O. BOX 1235
==' ! ~ lEHIGH ACRES
~ l -;;;;;; FLORIDA 33970
F .eo. "';E! (239) 332- 4569
.,._,',. FX(239) 332-8734
LB 3114
LOT 53
lOT 54
LOT 55
100 0
~
\
50
I
100
I
200
I
I INCH = 100 FEET
PROJECT NUMBER: DESCRIPTION'
06-9272
THIS IS NOT A SURVEY
DRAWN BY
JSB
CLIENT
OA TE SEC- TWP-RGE
2/6/07 20-51S-27E
10FT EASEMENT
COLLIER CO. WATER DISTRIBUTION
FILE
06-9272.DWG
SHEET NUMBER 2 OF 2
COUNTY:
COLLIER COUNTY
".J
j ,4', '7'()
Project: Auto Ranch Road
Parcel No.: Parcel "A"
Folio No.: 00769400006
Prepered By:
Jennifer A. Belpedio, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Fiorida 34112
(239) 774-8400
a. ;l <J1I\ :~~:-vv'
UTILITY EASEMENT eo.~h o.S\t\~ ~ MA.:P\
THIS EASEMENT, made and entered into this 2'2. ay of j\1~Gi ,
2007, by ANN L. MARTIN and YVONNE G. MARTIN, , whose mailing
address is 950 Auto Ranch Road, Lot 11, Naples, Florida 34114-8914 (hereinafter
referred to as "Grantor"), to 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, its successors and assigns, whose mailing address is
3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors or
assigns.)
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement for utility and access
:;:: ~ g purposes, on the following described lands located in Collier County, Florida, to wit:
~ -
~
~=
~~ ~
~ . ~
, ~
u u ~
~ 00
'" cou
~
~
oqo ,..;
oqo~
U"") ""
~8w
'"
'" ~
...... pq ~
t.!) ::; t...l
~ ~ -
-=~
u u
=
<""'-J~'"
ClO~=
C""-..J ~ "'"
-=::::f"' ~E-o
u=
~ co
.. ~.....
r::x:: ,.
c:>~Q
~ z
u ~
C"...J ~~
<C:C) ..... . .
co 0::::::
C""'.... ~~
r-- ..... ro
c::> 0= ~
Ol::::it' -...... g;
=~
~-
=~
"'-
=-
u~
~=
'"
~
~
u
~
"""
'"
~
~
~ ~~
.... u u
..., ~=
....~ =
~ ~ u
~ 0
.. l'lI:;--
j';;: ~ pq l:Z;
...~ oec E-o E-o
'V !XI ::z: E-o
.co::: l'lI:;_oec
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials, including, but not
limited to, water lines and pipes, water meters, fire hydrants, and other equipment or
improvements appurtenant thereto or thereunder, for the purpose of constructing,
operating, and maintaining utility facilities thereon. The easement granted herein shall
constitute easements running with the land and shall burden the lands described
above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
d?-~~,7~~
ANN L. ARTIN
~
'2
1
~:o CONVEYANCE ACemtD IV THE
COlurrc=, <<IllIlllSr_lI.
PUIlSUAIrr TO · 'lOltJDA.
DATrD: jO~"ffDt..e... ffD.l,l.C6
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Utility Easement was acknowledged before me this 2. '2... day of
\.J.,JrE,. , 2007 b ANN L. MARTIN, who is personally known to me or who
has produced . -J L.;. as identification.
WITNESS my hand and official seal this 1.1.... day of "3"~
OR: 4282 PG: 1545
,2007.
,""" J B
".;~t!'.Y.~~s2', ason' Ires
[::.~~\:.'~..1 Com!llission #DD273205
~",,'. .):Q': Expires: Dee 07, 2007
~~/::i OF f~O~~"'" Bonded Thm
'1",,1\ Atlantic Bonding Co., Inc.
~~~Publ~)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
(affix notarial seal)
~"' h- )JuJ;:
ONNE G. MARTIN
STATE OF FLORIDA
COUNTY OF COLLIER
---T: The foregoing Utility Easement was acknowledged before me this l2 day of
v I..)/'J.. , ~07 by' YVO"',NE G. MARTIN, who is personally known to me or
who has produced L 'iY\wJ! L.<tb.W-t as identification.
WITNESS my hand and official seal this Z C day Of""3lJ'.--L
2007.
(affix notarial seal)
/" (a~~PUbIiCI
.;';;;~U~" Jason Bires
"""';~,"\"" Commission #DD273205
,; \{,.~;"~ Expires: Dee 07, 2007
-'.:;?oFf~o::,,' Bonded Thro
I", I'" Atlantic Bonding Co., Inc.
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
Approved as to form and
legal sufficiency:
Jen ifer Belpedio
Assistant County Attorn
2
"..----.-. -._-~...__.~--- _..... ._....._..._._....,,_.._.._._--~-
. ,
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE
COWER COUNTY, FLORIDA
EXHIBIT "A"
27 EAST,
OR: 4282 PG: 1546
DESCRIPTION:
A PARCEL OF LAND BEING THE EAST 10.00 FEET OF LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 2859. PAGE 2927, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, ALSO BEING IN THE WEST HALF OF THE WEST HALF
OF SECTION 20, TOWNSHIP 51 S. RANGE 27E, COLLIER COUNTY, FLORIDA.
EASEMENT CONTAINING 1,850 SQUARE FEET, MORE OR LESS.
NOT VALID WiTHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A LICENSED FLORIDA SURVEYOR
AND MAPPER
AIM Engineering & Surveying, Inc. LB 3114
== 5300 LEE BLVD.
- - P.O. BOX 1235
=-; -= LEHIGH ACRES
;;;- ; ~ FLORIDA 33970
iF .=. - (239) 332 4569
..._"1. FX.(2J9) JJ2 8734
PREPARED By:
AIM ENGINEERING & SURVE.YiNG, l~iC
~. _(\("",,-10--
RICHARD c. MCCAR~ -;"':S:,.T-
PROFESSIONAL SURVEYOR AND MAPP~R
FLORIDA CERTIFICATE NO. 5688
02.-01-01
DATE
THIS IS NOT A SURVEY
SHE[ r 1 OF 2
PROJECT NUMBER DESCRIPTION
06-9272
DRAWN BY
JSB
10FT EASEMENT
CLIENT.
DATE
2/6/07
SEe TWP RGE
20 51S 27E
COLLIER CO. WATER DISTRIBUTION
IF1lE. I COUNTY:
I 06 9272.DWG COLLIER COUNTY
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA N
EXHIBIT "A"
NORTH UNE SECTION 20
NORJHWESr CORNER OF
IEClION ..
LOT 47
'"
Z
:J
b ~
0 z
O.RBOOK-2859 PAGE-2927 .0 :> LOT 48
N/F ANN L MARTIN !Xl !6
~
0 MOBILE HOMES ~
'"
Q.
Z
0 WEST i OF THE WEST i EAST
~ 10'
SECTION 20 LOT 49
1Il
'" Cl
z
:J >
-.l
~ <Xl
~
LOT 50 1i53;
In '"
w - I ::E-.....
~
" w ::E~
Vl<l(~ <<:0
w~Q.
~gl :r:"" *
-.l *
8~N <<: *
w_
:i~::r.:: LOT 51 ;>-0 C>
<I. 0 0 ::0
a..t:o r:r;
z<D
b <I.=>~
0 1; ~ .-
.0 cr Q. .......
\ ex>
r<) .......
~
~ \ ..",
LOT 52 G":l
~
<..n
.-
--.J
\ *
LOT 5.3 *
*
lOT 54
EAST LINE OF THE WEST 2
OF THE WEST 2
SECTION 20
lOT 55
1335.99'
SOUTH UNE S
SOUTHWEST CORNER OF
SEcnON 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST.
LEGEND
N/F = NOW OR FORMERLY
OR = OFFICIAL RECORD
PG = PAGE
R/W = RIGHT-OF-WAY
100 0
~
50
I
100
I
200
I
I INCH = 100 FEET
A.IM Engineering & Surveying, Inc.
5300 LEE BLVD.
P.O. BOX 1235
LEHIGH ACRES
FLORIDA 33970
(239) 332- 4569
FX (239) 332-8734
LB 3114
THIS IS NOT A SURVEY
SHEET NUMBER 2 OF 2
---
---
---
---
---
---
- --
~ -= "5
= --
.l".l'l.
PROJECT NUMBER: DESCRIPTION:
06-9272
DRAWN BY' CLIENT
JSB
DATE SEC-TWP-RGE
2/6/07 20-51S-27E
10FT EASEMENT
COLLIER CO. WATER DISTRIBUTION
FILE
06-92720WG
COUNTY:
COLLIER COUNTY