Parcel B
PROJECT: AUTO RANCH ROAD
PARCEL: "B"
FOLIO No.: 00767840008
Prepered By:
Jennifer A. Belpedio, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
AGREEMENT
THIS AGREEMENT ~er~~after ,referred to as the "Agreement") is made and entered
into on this ~ day of e em ~er, 2007, by and between EVERARDO GUZMAN,
SR., whose mailing address is 510 Auto Ranch Road, Naples, Florida 34114-0000,
(hereinafter referred to as "Owner") 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 upon the following
described property:
See Exhibit "An attached hereto and made a part hereof (hereinafter referred to as the
"Property"); and
WHEREAS, the project to be constructed by County will benefit Owner and Owner's
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 Owner nor other property owners in Owner's neighborhood will be billed
for the cost of constructing the project; and
WHEREAS, Owner has 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, Owner recognizes the benefit to Owner and desires 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. Owner shall convey the Utility Easement to County, at no cost to the County, unless
otherwise stated herein. Said conveyance (Owner's delivery to County of the properly
executed Utility Easement instrument) is hereinafter referred to as the "Closing."
3. 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 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. Owner is aware and understands 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,(W~' ~~OU
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BOARD OF COUNTY COMM~S$iO~ERS ie"
OF COLLIER COUNTY, FLQRIDA AS ':
THE GOVERNING BODY of CO~ER
COUNTY AND AS EX-OFFtlO Tt.E
GOVERNING BOARD OF 1'i;:IE CQLLlER
COUNTY WATER-SEWER ~T~CT
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",,\\':'"
"'{If! ",1:,
ATTEST,',"
DWIGHT E. BROCK, C~rk
BY:
James Coletta, Chairman
AS TO OWNER:
Itness (Signature)
Name<iOY'\t:> ~.~rr"Y\~n:Jr.
(Print)
w.dIf!J:P
Name: At HEM [PIc t..
(Print) .
,SR.
Approved as to form and legal sufficiency:
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH. RANGE 27 EAST,
COLLIER COUNTY. FLORIDA
EXHIBIT "A"
DESCRIPTION:
A PARCEL OF LAND BEING THE EAST 10.00 FEET OF LANDS DESCRIBED IN
OFFICIAL RECOROS BOOK 1853, PAGE 327, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, ALSO BEING iN THE WEST HALF OF THE WEST HALF
OF SECTION 20, TOWNSHIP 51S, RANGE 27E, COLLIER COUNTY, FLORIDA.
EASEMENT CONTAINING 1,450 SQUARE FEET, MORE OR LESS.
,.
PREPARED BY:
AIM ENGINEERING & SURVEYING, INC.
~
O'~ -01-07
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
=- i - FLORIDA 33970
i!iF'';''''!!!5!
=. - (239) 332 4569
.l...'.. FX:(239) 332 8734
RICHARD C. McCARTHY, S.M.
PROFESSIONAL SURVEYOR AN ~AAPPER
FLORIDA CERTIFICATE NO. 5688
DATE
THIS IS NOT A SURVEY
SHEET 1 OF 2
PROJECT NUMBER: DESCRIPTION:
06-9272
DRAWN BY'
J5B
DATE:
2/6/07
SEC TWP RGE
20 515 27E
10FT EASEMENT
COLLIER CO.WATER DISTRIBUTION
FILE:
06 9272.DWG
CDUN TY:
COLLIER COUNTY
CLIENT'
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA N
EXHIBIT "A"
NORTH LINE SECTION 20
NORthWEST CORNER OF
smnoN 20
LOT 47
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O.R.BOOK-1853 PAGE-327 -.t '" '"
N/F NORMAN LEE RAEDEKE w I ::E--....
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LOT 54
.
EAST LINE OF THE WEST ~
OF THE WEST ~
SECTION 20
1335.99'
SOUTH LINE S
LOT 55
SOUTHWEST CORNER OF
SECTION 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
AIM Engineering & Surveying. Inc.
~:==== 5300 LEE BLVD.
5i!!i!1!!5E!!= P.O. BOX 1235
! 55 LEHIGH ACRES
=== = ===
!5iii' ..:. ~ FLORIDA 33970
= - - (239) 332-4569
.'.."1. FX:(239) 332~8734
LB 3114
THIS IS NOT A SURVEY
SHEET NUMBER 2 OF 2
PROJECT NUMBER: DESCRIPTION:
06-9272
DRAWN BY: CLIENT:
JSB
ATE: SEC- TWP-RGE
2/6/07 20-51S-27E
10FT EASEMENT
COLLIER CO.WATER DISTRIBUTION
FILE:
06-9272.0WG
COUNTY;
COLLIER COUNTY
n)
'V
Project: Auto Ranch Road
Parcel No.: Parcel "8"
Folio No.: 00767840008
Prepered By:
Jennifer A. Belpedio, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
UTILITY EASEMENT
THIS EASEMENT, made and entered into this rt tit day of Av~ Ub+ ,
2007, by EVERARDO GUZMAN, SR., whose mailing address is 510 Auto anch Road,
Naples, Florida 34114-0000, (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
:;': ~ * purposes, on the following described lands located in Collier County, Florida, to wit:
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See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT 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. r-
.G ~-G- \
Witness (Signature)
Nam~i"9toYl~,
(Print or T e)
~
Name: .,4LF12fM Lo;e-!-
(Print or Type)
1
THIS COflYEYANCE ACCEPTED IV THE
IOAIlD OF COUNTY"-' SS
COlLIER COUNTY . ..-.MI I_IS.
~ . FLORIDA.
DATlD. ~-:m. NO. '(pes
OR: 4282 PG: 1549
STATE OF FLORIDA
COUNTY OF COLLIER
1 The foregoing Utility Easement was acknowledged before me this ~ day of
~, 200.!,by ~VER.\RQO GUZMAN, SR., who is personally known to me
or who has produced ~ t ~ as identification.
WITNESS my hand and official seal this ,i:bday of Av~ ,2007.
(affix notarial seal)
:J:"'W':"]f~':. CHARLES E CARRINGTON, JR.
(: :', MY COMMISSION # 00634411
.... ,'Il'" ..-' EXPIRES January 29. 2011
(4<l1) 398-0153 FloridaNolarySeNlce.com
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
Approved as to form and
legal sufficiency:
2
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA
EXHIBIT "A" OR: 4282 PG: 1550
DESCRIPTION:
A PARCEL OF LAND BEING THE EAST 10.00 FEET OF LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 1853, PAGE 327, 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 1,450 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.
=!!5iiiil! P.O. BOX 12.35
LEHIGH ACRES
FLORIDA .3.3970
(239) 332 4569
FX (239) 332 8734
PREPARED BY:
AIM ENGINEERING & SURVEYING, INC.
~~ O'~.01-Q7
RICHARD c. McCARTHY. ~S-';:-- DATE
PROFESSIONAL SURVEYOR AND ~AAPPER
FLORIDA CERTIFICATE NO 5688
THIS IS NOT A SURVEY
SHEET 1 OF 2
PROJECT NUMBER: DESCRIPTION:
06-9272
DRAWN BY:
JSB
...!.._I'I.
DATE:
2/6/07
SEe TWP RGE
20 515 27E
10FT EASEMENT
COLLIER CO. WATER DISTRIBUTION
I FilE: I COUNTY:
: 06 9272.DWG COLLIER COUNTY
CLIENT:
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA N
EXHIBIT "A"
NORTH LINE SECTION 2
LOT 47
!oJ
Z
::J
~
z
::> LOT 48
0
CD
0 ~
'"
Z Q.
0 WEST i OF THE WEST i
~
SECTION 20 LOT 49
Vl
!oJ 0
Z EAST 10'
::J >
~ b ...J
""
0 :><:
~ lli LOT 50 I~~
O.R.BOOK-1853 PAGE-327 .". '" ..,
N/F NORMAN LEE RAEDEKE ~ w - I::;; ----
~
NON-AGRICULTURAL ACREAGE ~<w ::;;~
'" \1 ":0
w~Q.
LLlS1 :r:'" ..
iS~ ...J ..
0~N ..: ..
w-
35~ LOT 51 r
< 0 0 C>
Q.~O 0:: :::a
...JZm
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b 5 ~
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LOT 52 \ ...."
l;"l
b ......
<...n
q <...n
0 ......
Ol
Ol \ ..
lOT 53 ..
>+
LOT 54
EAST LINE OF THE WEST 2
OF THE WEST 2
SECTION 20
lOT 55
SOllTHWEST CORNER OF
SECTION 20, TOWNSHIP 51 SOllTH, 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
1 INCH = 100 FEET
AIM Engineering & Surveying, Inc.
== 5300 LEE BLVD.
======= P.O. BOX 1235
==- i _ LEHIGH ACRES
=- ! -= FLORIDA 33970
...... .a. ..... (239) 332- 4569
"'._"1. FX (239) 332-8734
LB 3114
THIS IS NOT A SURVEY
SHEET NUMBER 2 OF 2
PROJECT NUMBER: DESCRIPTION:
06-9272
DRAWN BY' CLIENT
JSB
DA TE: SEC- TWP-RGE
2/6/07 20-51S-27E
10FT EASEMENT
COlliER CO. WATER DISTRIBUTION
FIl.E
06-9272.0WG
COUNTY:
COLLIER COUNTY