Parcel D
P'8pared By:
Jennifer A 8elpedio, Esquire
Office of the County Attorney
PROJECT AUTO RANCH ROAD 3301 East Tamiami Trail
PARCEL: '''0'' Naples, Florida 34112
FOLIO No.: 00000000000 (239) 774-8400
AGREEMENT
\ II +.bdaL\ ot'5e~eW\ be~
THIS A1m~'<hereinafter r ferred as the "Agreement") is made and entered
into on this Y of , 2007, by and between ROBERT E.
HABERMEHL, indiVidually a as ccessor of the Declaration of Trust dated
September 3, 1980 for the benefit of Clarence Habermehl and Declaration of Trust
dated September 3, 1980, for the benefit of Irene Habermehl, whose mailing address is
1274 Howe Road, Burton, Michigan 48509, (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 either remove,
Agreement
Page 2
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: , \ \\ \QJ
BOARD OF COUNTY COMMIS~Ic!)NE'RS'
OF COLLIER COUNTY, FLORIDA AS -
THE GOVERNING BODY Qi=COLLIER .
COUNTY AND AS EX-OFF.tC10 THE_
GOVERNING BOARD OF:yHE COL,LIER
COUNTY WA TER'8EWE~.D1STRICT
ATTEST:
_A-n\!) Or~ . '
DWIGI''k'E::' BROCK,' flerk
BY{iW;, ~(O.c.,
.t~~i., . l' ~ Clerk
- \,1qnat6reoll t-',
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AS TO OWNER:
.~~.;d~t/
ROBERT E. HABERMEHL
Name:
Q (Print) _ , //1
f:;jtf~ ~-?~
Witness)J:'ig?a~ure), /1 t.? ...L
Nam~T.It / t!.; /1-('3; ;41V/ L.
(Print)
Approved as to fonn and legal sufficiency:
~o~~
Jenm r Belpedio
Assistant County Attorney
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY. FLORIDA
EXHIBIT "A"
DESCRIPTION:
A PARCEL OF LAND LYING IN THE WEST 1/2 OF THE WEST 1/2 OF SECTION
20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA BEING
THE SOUTH 40.00 FEET OF THE NORTH 18500 FEET OF THE FOLLOWING
DESCRIBED PARCEL OF LAND;
COMMENCE AT THE SOUTHWEST CORNER OF SECTiON 20, TOWNSHIP 51
SOUTH, RANGE 27 EAST; THENCE S 89'27'40n E FOR 697.99 FEET; THENCE N
00'12'20n E FOR 660.00 FEET TO THE POINT OF BEGINNING; THENCE S
89'27'40n E FOR 637.30 FEET; THENCE N 00'08'40" E FOR 330.00 FEET;
THENCE N 89'27'40n W FOR 636.94 FEET; THENCE S 00'12'20n W FOR 330,00
FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT THE WEST 30 FEET FOR
ROAD RIGHT-OF-WAY
EASEMENT CONTAINING 24,286,51 SQUARE FEET, MORE OR LESS,
NOTES:
1) BEARINGS ARE BASED UPON THE SOUTH LINE OF SECTION 20, TOWNSHIP 51
SOUTH, RANGE 27 EAST BEING S 89'27'40" E PER RECORDED DEED.
2) PARENT PARCEL DESCRIBED RECORDED IN OFFICIAL RECORDS BOOK 581
PAGE 425, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
3) THE LESS AND EXCEPT PORTION OF PARENT PARCEL DESCRIBED RECORDED
IN OFFICIAL RECORDS BOOK 915 PAGE 1573, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
4) ENTIRE PARENT PARCEL DESCRIBED is COVERED BY A RIGHT-OF-WAY
EASEMENT TO LEE COUNTY ELECTRICAL CO-OPERATIVE, INC, RECORDED IN
OFFICIAL RECORDS BOOK 594 PAGE 1845, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA
5) RECORDED DOCUMENTS SHOWN HEREON PER LAWYERS TITLE INSURANCE
CORPORA TION TITLE COMMITMENT ORDER NUMBER 753461, CUSTOMER
REFERENCE NUMBER 07-0014, EFFECTIVE DATE: APRIL 24, 2007 AT 8: 00
A.M, BY AMERICAN AQUISITION TITLE INC. OF TAMPA, FLORIDA.
PREPARED BY:
AIM ENGINEERING & SURVEYlt~G, INC.
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
_ i _ LEHIGH ACRES
l. FLORIDA 33970
- - - (239) 332 4569
..._.',. Fx.(239) 332 8734
LSJ~~
DAVID G, DEARIE PS.M.
PROFESSIONAL SURVEYOR JI.ND MAPPER
FLORIDA CERTIFICATE NO. 4989
'l//JA)' 07
DATE
THIS IS NOT A SURVEY
SHEET 1 OF 2
PROJECT NUMBER: DESCRIPTION:
06-9272
DRAWN BY
JSB
40 FT EASEMENT
CLIENT
COLLIER
COUNTY WATER DISTRIBUTION
I FILE: !COUNTY:
1 06 9272.DWG COLLIER COUNTY
DATE
05/0S/07
SEe TWP RGE
20 515 27E
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA N
EXHIBIT "A"
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REMAINDER OF ORB 5B1 - PG 425
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LEGEND
(F) ~ FIELD DATA
(D) = DEED DATA
ORB = OFFICIAL RECORD
PG = PAGE
R/W = RIGHT-OF-WAY
POB POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
150 0
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AIM 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
PROJECT NUMBER: DESCRIPTION:
06-9272
DRAWN BY: CLIENT
JSB
40 FT EASEMENT
COLLIER COUNTY WATER DISTRIBUTION
DATE SEe TWP RGE
05/08/07 20 515 27E
FilL
06 9272.DWC
COUN TY:
COLLIER COUNTY
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Project: Auto Ranch Road
Parcel No.: Parcel"D"
Folio No.: 00000000000
Prepared 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 ~ay of ~1' '
2007, by ROBERT E. HABERMEHL, individually and as successor f the
Declaration of Trust dated September 3, 1980 for the benefit of Clarence
Habermehl and Declaration of Trust dated September 3, 1980, for the benefit of
Irene Habermehl, whose mailing address is 1274 Howe Road, Burton, Michigan
48509, (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 T amiami 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:
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.
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ROBERT .HABERMEHL
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~ Sl ~ ~ Witness (Signature)
Name: gfli!AJ~ L~l<&
(Prin or Type)
1
THIS COffYEVAIIICE ACCEPTED IV THE
lGAllO OF COUNTv --
COlLUR CN...... ......MISSIOfffIlS.
I'tHlSUMT ...... I '. FLORIDA.
DATrDI ~fCD:nM NO. Jlat. 5
OR: 4282 PG: 1557
STATE OF MICHIGAN
COUNTY OFI7~tJES E:E
/' The foregoing Utility Easement was acknowledged before me this .5 4t;;ay of
(
, 2097 !ly ROBI;RT E. HAJ;lERMEHL, who is personally known to me
o who has reduced .....lfJ/1/ ~-<-~ft~ identification.
WITNESS my hand and official seal this 3lli day of , 2007.
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(Signature of Notary P~brfC) //)
mk(('IR L~/ItUT2-
(Print Name of Notary Public)
NOTARY PUBLIC ,j//J
Serial/Commission #:(if any) 11/1 rr
My Commission Expires: / /-;;J.:7- -:-;l t!J / /
(affixf1otari~1 seal)
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PATRICIA GANTZ
NOTARY PUBLIC - MICHIGAN
GENESEE COUNTY
ACTING IN GENESEE COUNTY
MY COMMISSION EXPIRES NOV. 22, 2011
Approved as to Form and
Legal sufficiency:
2
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLUER COUNTY, FLORIDA
OR: 4282 PG: 1558
EXHIBIT "A"
DESCRIPTION:
A PARCEL OF LAND LYING IN THE WEST 1/2 OF THE WEST 1/2 OF SECTION
20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA BEING
THE SOUTH 40.00 FEET OF THE NORTH 185.00 FEET OF THE FOLLOWING
DESCRIBED PARCEL OF LAND;
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 51
SOUTH, RANGE 27 EAST; THENCE S 89'27'40" E FOR 697.99 FEET; THENCE N
00'12'20" E FOR 660.00 FEET TO THE POINT OF BEGINNING; THENCE S
89'27'40" E FOR 637.30 FEET; THENCE N 00'08'40" E FOR 330.00 FEET;
THENCE N 89'27'40" W FOR 636.94 FEET; THENCE S 00'12'20" W FOR 330.00
FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT THE WEST 30 FEET FOR
ROAD RIGHT-OF-WAY
EASEMENT CONTAINING 24,28651 SQUARE FEET, MORE OR LESS.
NOTES:
1) BEARINGS ARE BASED UPON THE SOUTH LINE OF SECTION 20, TOWNSHIP 51
SOUTH, RANGE 27 EAST BEING S 89'27'40" E PER RECORDED DEED.
2) PARENT PARCEL DESCRIBED RECORDED IN OFFICIAL RECORDS BOOK 581
PAGE 425, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
3) THE LESS AND EXCEPT PORTION OF PARENT PARCEL DESCRIBED RECORDED
IN OFFICIAL RECORDS BOOK 915 PAGE 1573, PUBLIC RECORDS OF COLLIER
COUN TY. FLORIDA.
4) ENTIRE PARENT PARCEL DESCRIBED IS COVERED BY A RIGHT-OF-WAY
EASEMENT TO LEE COUNTY ELECTRICAL CO-OPERATIVE, INC. RECORDED IN
OFFICIAL RECORDS BOOK 594 PAGE 1845, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
5) RECORDED DOCUMENTS SHOWN HEREON PER LAWYERS TITLE INSURANCE
CORPORA TION TITLE COMMITMENT ORDER NUMBER 753461, CUSTOMER
REFERENCE NUMBER 07-0014, EFFECTIVE DATE: APRIL 24,2007 AT 8:00
AM, BY AMERICAN AQUISITION TITLE INC. OF TAMPA, FLORIDA.
PREPARED BY:
AIM ENGINEERING & SURVEYlr~G, INC.
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
P.O BOX 1235
= . = LEHIGH ACRES
= : = FL,ORIDA 33970
i!F' ..=. -;
(2.39) 332 4569
FX (239) 332 8734
bJ,-.!i{)..u~d2
DAVID G, DEARIE PSM.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 4989
l/lIAfo/, _
DATE
THIS IS NOT A SURVEY
SHEET 1 OF 2
PROJECT NUMBER DESCRIPTION
06-9272
DRAWN BY
JSB
40 FT EASEMENT
CLIENT
......i'J.
DATE
05/08/07
SEe TWP RGE
20--515 27E
COLLIER COUNTY WATER DISTRIBUTION
i !-"ILE: !COUNTY:
I 06 9272.DWG COLLIER COUNTY
-'---"-'-'~'_~'~"''''''_M__~'____''____'_ . "'__""__,__",___,__,,__,,^"
LEGAL AND SKETCH LYING IN
SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COWER COUNTY, FLORIDA N
EXHIBIT "A"
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* ALSO KNOWN AS AUTO RANCH ROAD(F')
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LEGEND
(F) = FIELD OAT A
(D) = DEED DATA
ORB = OFFICIAL RECORD
PG = PAGE
R/W = RIGHT-OF-WAY
POB POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
150 0
~~
75
I
150
I
300
I
1 INCH = 150 FEET
AIM Engineering & Surveying, Inc.
-----:==== 5300 LEE BLVD
- PO. EOX 1235
_ ! _ LEHIGH ACRES
=- : -= FLORIDA 33970
5'" -- ";E (239) 332--4569
.~_."j. FX (239) 332 8734
LB 3114
THIS IS NOT A SURVEY
SHEET NUMBER 2 OF 2
PROJECT NUM8~ DESCP,PT'ON
06-9272
DRAWN B'< iClIUIT
JSB
DA TE SEe -iWP-.RGE
05/08/07 20 51 S
40 FT EASEMENT
27E
COLLIER COUNTY WATER DISTRIBUTION
FilE l COUNTY:
06 9272DWG COLLIER
COUNTY