Loading...
Parcel 114DE PROJECT: Collier Blvd. Project No. 60001/60073 PARCEL No(s): 114DE FOLIO No(s): a portion of folio 26095000109 DRAINAGE EASEMENT AGREEMENT THIS DRAINAGE EASEMENT AGREEMENT (h;[einafter referred to as the "Agreement") is made and entered into on this ,5' day of k ~.k".......b.v- . 20 0 '\. by and between SOUTHERN MANAGEMENT CORPORATION, a Florida corporation , whose mailing address is 324 S.W. 16thStreet,BelleGlade,FI 33430, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a perpetual drainage easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Drainage Easement"); and WHEREAS, Purchaser has threatened condemnation; and WHEREAS, Owner has agreed to convey the Drainage Easement to Purchaser under the threat of condemnation for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser and Owner have agreed that Owner will be compensated for conveyance of the Drainage 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. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easement to Purchaser for the sum of: $18,000.00 Said payment to Owner, payable by County Warrant to Akerman, Senterfitt & Eidson, P.A. Trust Account, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. At or prior to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Drainage Easement; {M2837664;1} Page 2 (b) Closing Statement; (c) Taxpayer Identification; (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; 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 or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner its successors or assigns shall have the absolute right and privilege to use the legally described land for all other purposes except herein granted. This Drainage Easement is being granted upon the condition that any area outside of the Drainage Easement that is disturbed or damaged by Grantee shall be restored by Grantee to its existing condition. Additionally, the Drainage Easement is being granted upon the condition that Grantee shall construct this Project in substantial conformance with the Construction Plans in existence at the time Grantee made its initial offer to purchase the Drainage Easement. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may not be unreasonably withheld by Purchaser. However, Owner .without consent of Purchaser, can enter into a contract to sell the entire property and close on said contract as long as Owner assigns all of its rights and obligations under this Agreement to its buyer and provides Purchaser with notice of said assignment. (d) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. {M2837664; 1} Page 3 (e) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (f) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by Purchaser. 8. Purchaser shall pay all fees to record any curative instruments required to clear title, all 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 Easement. 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. 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. (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 . Conveyance of the Drainage Easement constitutes 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 12. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. ~ ~ {M2837664;1} Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Drainage Easement Agreement on the date first above written. AS TO PURCHASER: ;,.Clerk..~ ',,' .~.~~ .'..4.;.... '. .... .' ..;. . "".... . ,,~. . , . ~.. '.' _.'.~. c.t~t)., . . 11i',Wtn Oft. II BOARD OF C UNTY COMMISSIONERS COLLIER C .,,~O:2 IALA, Chairman AS TO OWNER: SOUTHERN MANAGEMENT CORPORATION, a Florida corporation DATED: ~j;rr./o/ --;I/~ ~~ Witness (Sig~Ure) irIlffllA 6-. f?/,f.5t~ Name (Print or Type) ~~ Witness (Signature) r;l~ l;q~~ ~ // Name (Print or Type) ~~M ignature) G. IJ1IC)o..{I { 72d'j ().. L Name (Print or Type) Pr-es ,cl.J1tv-t Title Approved as to form and legal sufficiency: ~ Last Revised: 2/19/09 {M2837664; 1} Project: PARCEL: Folio No,: Collier Blvd, Project No, 60001/60073 114DE a portion of folio 26095000109 II EXHIBIT Page~ of-L .f DRAINAGE EASEMENT THIS EASEMENT, made and entered into this _ day of ,20_, by SOUTHERN MANAGEMENT CORPORATION., a Florida corporation, whosemailingaddressis324S.W.16thStreet.BelleGlade.FI 33430, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, 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 and assigns, Grantor and Grantee are used for singular or plural, as the context requires.) 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, a perpetual, non-exclusive drainage easement to enter upon and to install and maintain drainage structures and facilities, including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, and various types of water control structures over, under, upon and across 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 and to place and/or excavate materials for the purpose of constructing, operating, and maintaining drainage facilities thereon, This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. Southern Management Corp, and its successors or assigns shall have the absolute right and privilege to use the legally described land for all other purposes except herein granted. This Drainage Easement is being granted upon the condition that any area outside of the Drainage Easement that is disturbed or damaged by Grantee shall be restored by Grantee to its existing condition. Additionally, the Drainage Easement is being granted upon the condition that Grantee shall construct this Project in substantial conformance with the Construction Plans in existence at the time Grantee made its initial offer to purchase the Drainage Easement. EXHIBIT pAnlll 'LM of .3 ""lr"_ _ IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: (Signature) (Print Name) (Signature) (Print Name) STATE OF COUNTY OF The foregoing Drainage Easement was acknowledged before me this _ day of 20_ by , as of SOUTHERN MANAGEMENT CORPORATION, who: is personally known to me OR produced identity. as proof of (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial I Commission # (if any): My Commission Expires: Serial I Commission # (if any): My Commission Expires: HIBfT '! F1 P -~ ""1 ~ ::"<, 0( ::{ ~I~ I I SECTION i 27 --i- SECTION 134 \ PERPETlW., N<::lN-EXCtUSNE 0fWNAGE ~ I , i i I 0;........ Z'" s;;~ 86~ f:Ow SCD~ c.... '0.. zQO ::00 + N U"l 0'> I n: C) ~ ~<. ci a: > . I -' 0 CllO ! <y N 'w :::J ,...1 o IU i I l.1 / 1 // 1// 1/ i I I i:lorc1ei (J1 '" I~ ,-< IW m L-. o I~ ,CD 3 , I~ b o z Parcel 4 DE ~'BIT ft f\ \1 P \ of i-~ SECTiON 26 SECTION 35 20' CAEJ s POB~r ;LJ" 1~4 C'E.~:...3 (')Q tq ....... z--< ,:;.in ~ ?:) '?; ~1~ --- mo::: 2: ~0 r c) I -I I l____.._... \....8.[:. -~2~.J CiTy CA TE d"LVD. .~~ /' / I / 1 ( .. ':!:; o Vi .. I 0. '_:- 0:: ~i.D z WJ'i U (5 wo. U . 0::' uJ ... m.'~._. :?:CD 8~ Lu ':i. (;> >- >- o CAll F'\I.E; lC-49 PARCEL 114 Df: A portion of Let 2. City Gate Commerce Center Phose One. Plot Book 41, poges 5-7 of the Public Records of Collier County. Florida. Also be!r.g 0 portion of Section 35. Township 49 South, Range 26 East. Coliier COU:"'lty, Fiorida. 8ein<J more porticl;lorly described as follOws: L- 8eginning at the northwest corner at said Lot 2, Ihence North 89'30'55" Eost olong the North line of said Lot 2, 0 distance of 22.00 feet; :hc1'1ce leoving said North line South 00'29'21" Eost. 0 distonce ot 32,09 teet; Thence South 89'.30',3.4" West, 0 cistonce of 22.00 feet to 0 point en the East right -of -way line of CoWer Boulevord; Thence North 00'29'21" West olong said Eost right-ot-way Ji(1e. a distance of 32.09 feet to the POINT OF BECINNING, Contoining 706 squore feel or 0.0162 ocres, more or less, ~_...."-"-- liNE TABLE i 1~~~~t=pi~~8=F~::~:~:~-~~E..:l i L2 I 32.09 : 500'29'21;;-E1 I L.3 I noo i S89'.3O' 34~;-W: l__L.4 I 3209 i NOO:2'9:2,.;'V:7l ~ I 25.5i> 100 :!OJ GRAPHIC SCALE NOTES: Th;s :s roat 0 survey, 2, Basis of bearing is the West line of Section 35, Township 49S" Range 26E., COllier County, Florida, being N 00'29'21" VI, F'lorido State Plone Coordinates NAG 83/90, Eost Zone. 3. Subject to easements, reservations cnd restrictions of record, 4. Easements shown hereon ore per piotj unless otherwise noted. 5. Dimensions ore if) feet and decimals thereof. 6. Ce:titicote of authorizaticn La 43. 7. R/W represents Right-of-Way. 8, P,O,B, represents Point at Beginning 9. P.O.C, "epresents POJl'1t of Comrnel"1cement. 1 O. O.R, represents Officio: Records. ; I. L.B.E. represents :"'cndscape Buffer Easement. 12, u,E, represents Utility Easement. )3, F,P,L.E. represents Florida Power & Licht Easement. 14, DL represents Drainage Easement. 15. C.A.E. represents Cenol Access Easement. 16, P,UL represents Public Utility Easement. Q, !U.;.'VlYJ DAViD J, HY (FOR THE FIRM) FLA, ue, N~ 5834 NOT VAllO W,THOUT THE SICNATuRE ANa THE ORIGiNAL RAISED SEAL OF A FLORIDA~iCENS[D SURVEYOR AND MAPPER This is NOT a Survey. WllslnMlllsr -=~-=-. ,.......~. ......,.,....~...... ~~ _,he. .."",.. MII...,........~. "'-........,.,.IW ....... . __ ........... PllOIlEl:l' NO: SHEET N6015-S0lJ-OOl 114 DE OF X reb 14, 2008 - 10,3H6 rOSaORNElX:\SUR\collier bi,d\CH2MHiU\' C-'9\ tC-'9-PI 14-0Ldwg DRAWlHO IIIDEX NO: lC-49 RE.V: