Parcel P-01
TO:
FROM:
DATE:
RE:
Memorandum
Minutes & Records Management
Sue Zimmerman ~'-
Property Acquisition Specialist
Real Estate Services
January 17, 2008
HENDERSON CREEK - Parcel P-1
Project No. 710101
Agenda Item 16C18, July 24,2007
Please find enclosed the original recorded Utility Easement and original Easement
Agreement for the above-referenced project.
Please contact me if you have any questions or comments at Extension 2622.
Thank you.
IV)
'"
Project: Henderson Creek, No. 710101
Parcel No.: P-1
Folio No.: 00734200008
Prepared By:
Je~nifer A. Belpedio, Esquire
Office of the County Attorney UTILITY EASEMENT
3301 East Tamraml Trail
Naples, Florida 341j2... ''''--
(239)Tttt~_~MENT, made and entered into this ---.!L day of "\AI'! e- , 2007, by
BORAH PARTNERS, LLC, a Florida limited liability company, whose mailing address is 261
7'h Avenue North, Naples, Florida 34102-5351 (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:
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, 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.
BORAH PARTNERS, LLC, a Florida
limited liability company .
By: &!t.:i.1~
PHIL HARRIS, Manager
=:0 CM!YANCE ACCIPTID tV 1'NE
COlLIEr C=" corllllSSl_lS.
PURSUANT AGi FlOllDA.
DATlDI IITftt/ O'7~ NO. ~
KRISTEN KERRICK
Notary Public, State of Ohio
My Commission Expires
f"\,~t!)hpr 18. 2011
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SEAN MCDEVITT, anager
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STATE OF
COUNTY OF
The foregoing Utility Easement was acknowledged before me this C +-4- day of
-T.... " e.. , 2007 by SEAN MCDEVITT, Manager, on behalf of BORAH PARTNERS,
LLC, who is personally known to me 0f"who~.~JDElt:wea;o.,- ~!
ideftlificatioT1.
WITNESS my hand and official seal this to f-t.. day of J'I. N <:.. ,2007.
(affix notarial seal)
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(Signature Qf Notary Publlc)
/1 /V .v S c co -if;,
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
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LM,l..-,.-..
ANN SCOTTO
Net_,\, PUB"", Etate of New York
No. 01 SC6047854
. Qualified in Kings County .
~sslon Expires September 11, 20 {O
Approved as to form 8. legal sufficiency
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OR: 4319 PG: 3693
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Page---1- of 9-
NOVEMBER 01,2006
JOB # 06-7044
FILE # 06-7044sk02 NW
SHEET 1 OF 2
DESCRIPTION: WATERLINE EASEMENT
THAT PART OF THE NW 1/4 OF THE NE 1/4 OF SECT10N 10, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY FLORIDA DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 53, RIVERWOOD EAST UNIT NO. 4 PHASE II
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 54 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID POINT BEING A POINT ON THE
EAST LINE OF SAID NW 1/4 OFTHE NE 1/4; THENCE N.89028'55'W., ALONG THE NORTH
. ,H.f\lE OF SAID. LOT 53, FOR 8.50 FEET;THENCEN.02003'4S''W.FOR 34.84 FEET~:THENCE
N.05049'30"E. FOR 129.54 FEET TO SAID EAST LINE; THENCE S.02003'45"E., ALONG
SAID EAST LINE, FOR 163.87 FEET TO THE POINT OF BEGINNING.
CONTAINING 845 SQUARE FEET MORE OR LESS
SUBJECT TO EASEMENTS, RESTRICT10NS, RESERVATIONS AND RIGHTS OF WAY OF
RECORD.
SEE SHEET 2 OF 2 FOR SKETCH
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PROFESSIONAL SURVEYOR
FL. CERT. NO. 4211
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SURVEYOR'S NOTES
1. BEARINGS SHOWN HEREON ARE ASSUMED AND ARE BASED
UPON THE WES1 LINE Of THE NE 1 14 OF THE NE 1 14 OF
SECTION 10. TOWNSHIP 51 SOUTH. RANGE 26 EAST. COLLIER
COUNTY, FLORIDA BEING N.D2'03' 45'"E.
2. SUBJECT TO EXISTING EASEMENTS. RESERVATIONS,
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I.....I! CONSULTING CIVIL ENGINEERS,
wr SURVEYORS & MAPPERS
INC "Partners For R,esuf:ts.
A 80M ENGINEERING COMPANY Value By Des1,gn
1400 Colorlial Blvd, Suite 31, Fort Myers, Florida 33907
(239) 931~0455 Fax: (239) g31~0456
BPR & FBPE license No: 959 www.Ibfh.com
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JAMES D. SYS[
PROFESSIONAL LA D SURVEYOR
FLA CERTIFICATE NO. 4211
II
@ 2006 LBFH Inc.
PROJECT NAME: SKETCH (NOT A SURVEY)
WATERLINE EASEMENT
Date
11/1/2006
FILE NO.
06-7044sk02 NW
Project No.
06- 7044
-
-
PROJECT:
PARCEL NO:
FOLIO NO.:
Henderson Creek, No. 710101
P-1
00734200008
Prepared By:
Jennifer A. Belpedio, Esquire
Office 01 tile County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
EASEMENT AGREEMENT
THIS EASEMENT AGREEME'NT (hereinafter referred to as the "Agreement") is
made and entered into on this ~Lfthday of (jLL\~ ,2007, by and between
BORAH PARTNERS, LLC, a Florida limited Iiabili company, (hereinafter referred
to as "Owner"), whose mailing address is 261 yth Avenue North, Naples, Florida 34102-
5351, 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, its successors and assigns, (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 "Property"), which is attached
hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property 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
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 to Purchaser for the sum
of Eleven Thousand Five Hundred and no/100 Dollars ($11,500.00), 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.
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. 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,
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 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.
Easement Agreement
Page 2
5. Owner represents that the Property, 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 except as specifically disclosed to the Purchaser; 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
Purchaser, 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 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 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 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.
Easement Agreement
-
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this iA4tl-\dayof 0~ ,2007.
Date Property acquisition approved by BCC: J\.o'-\Y .24 J ").Do7
AS TO PURCHASER:
DATED:~
ATTEST:
DWIGHT E. BROCK, Clerk
.~.\",,::':'..i!:.,:<,....... ~Lt~
~'" . ~ ';",. ,'. \.
f.....' .,.~ . .. Deputy Clerk
;,:Attest aS7taOlalrlllllJl ,
> 51Qn~tlJf~b"i,
AS'tO OWNER:
'/13/07
DATED:
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Print: .b. i (..,\ (I,\c.J , ....ry-'
Approved as to form and
legal sufficiency:
Elle~~h~P~A: ~~
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
J
BORAH PARTNERS, LLC, a Florida
limited~Omp~y
'-~
By:
PHIL HARRIS, Manager
By YJ'i! _
- SEAN MCDEVITT, Manager
This Convey@nce Approved By
The Board Of County
Commissioners
Collier County Florida,
Pursuant To ARenda
Date: 'll;N\IYI-nem No: Hoc...l~
I12Eb.
11'.\11:1',1, !II",I;', ,":'
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EXHIBIT A.
'~age..l_of :::cl::
NOVEMBER 01, 2006
JOB # 06-7044
FILE # 06-7044sk02 NW
SHEU 1 OF 2
,,\ r,
" "
DESCRlPTION: WATERUNE EASEMENT
THAT PART OF THE NW 1/4 OF THE NE 1/4 OF SECITON 10, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLUER COUNTY FLORlDA DESCRlBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 53, RlVERWOOD EAST UNIT NO.4 PHASE II
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 54 OF THE
PUBUC RECORDS OF COLUER COUNTY, FLORIDA. SAID POINT BEING A POINT ON THE
EAST UNE OF SAID NW 1/4 OF THE NE 1/4; THENCE N.89028'55'W., ALONG THE NORTH
~bINE OF SAID LOT 53, FORS.50 FEU; THENCE N.02003'45'W.FOR 34.84 FEIT;:THENCE
N.05049'30"E. FOR 129.54 FEU TO SAID EAST UNE; THENCE S.02003'45"E., ALONG
SAID EAST UNE, FOR 163.87 FEU TO THE POINT OF BEGINNING.
CONTAINING 845 SQUARE FEU MORE OR LESS
SUBJECT TO EASEMENTS, RESTRlCITONS, RESERVATIONS AND RlGHTS OF WAY OF
RECORD.
SEE SHEU 2 OF 2 FOR SKETCH
!.;I
~
MES D. SYSE
PROFESSIONAL SURVEYOR
FL. CERT. NO. 4211
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PROJECT H e./VDGtsQV cf2EE-1<.
PARCEL p- I
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1. BEARINGS SHOWN HEREON ARE ASSUMED AND ARE BASED
UPON THE WEST LINE Of THE NE 1 j 4 OF THE NE 1 j 4 OF
SECTION 10. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER
COUNTY. FLORIDA BEING N.D2'D3'45"'E.
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4 PHASE
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RIVERWOOD
PLAT
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BOOK 17,
NO.
PAGE
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I..~h CONSULTING CIVIL ENGINEERS,
wr SURVEYORS & MAPPERS
INC "Partners For R,esu;ts.
A BOYlE ENGINEERING Cm.iPANY Value By Destgn
1400 Colonial Blvd, Suite 31, Fort Myers, Florida 3.3907
(239) 931-0455 Fa" (239) 931-0456
BPR &: FBPE license No: 959 www.Jbfh.com
Scale: 1 "=40'
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II
FLA. CERTIFICATE NO. 4211
@ 2006 LBFH Inc.
PROJECT NAME: SKETCH (NOT A SURVEY)
WATERLINE EASEMENT
Date
11/1/2006
FILE NO.
06-7D44sk02 NW
Project No.
06- 7044