Loading...
Whiitenberg Const. & Utility Easement AgmtPROJECT: MPS 312 Rehabilitation FOLIO Numbers: 81820000322 & 81820000306 TEMPORARY CONSTRUCTION EASEMENT & UTILITY EASEMENT AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of 2011 by and between WHITTENBERG HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit corporation whose mailing office address is c/o Ability Management, Inc., 6736 Lone Oak Boulevard, Naples 34109 (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, (hereinafter referred to as "CCWSD "), whose mailing address is 3335Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, CCWSD requires a Temporary Construction 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 "Temporary Easement Area "), for temporary staging and construction of drainage improvement and utility facilities; and WHEREAS, Purchaser requires a perpetual non - exclusive Utility Easement over, upon and across the lands described in Exhibit "B ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Permanent Easement ") to the CCWSD for the stated purpose of construction, maintaining and operating utility facilities thereon, on the terms and conditions set forth herein; and 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: Owner shall convey the Temporary Easement Area and the Permanent Easement via a Temporary Construction Easement and a Utility Easement to CCWSD for the sum of Three Thousand Six Hundred and no /100 Dollars ($3,600.00), U.S. currency by County Warrant or wire transfer (said transaction hereinafter referred to as the "Closing "). 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. 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. Owner represents that the Temporary Easement Area and the Permanent Easement and all uses of the Temporary and Permanent Easement Areas 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 Temporary and Permanent Easement Areas except as specifically disclosed to CCWSD; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Temporary and Permanent Easement Areas to be conveyed to CCWSD; that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Easement Area, b) any existing or threatened environmental lien against the Easement Area or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Easement Area. CCWSD 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. The cost of a title commitment shall be paid by CCWSD. 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. Conveyance of the Easement Area 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 Easement Agreement parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of De4ernh!,, ' , 2011. Date Property acquisition approved by BCC: AS TO CCWSD: DATED: �1/ ATTEST: DWIGHT E. BROCK, Clerk AS TO OWNER: DATED: OG-Ia�s, 2 0l► Wi s n t re) Na (Print or 113K Witness (Signature) Name: E v y (Print or Type) Approved as to form and legal sufficiency �)' VlkA . Jennifer B1.:VVhit6, Assistant County Attorney y A`i;Y il BOARD OF COUNTY COIIf1StbNERS'' OF COLLIER COUNTY, Ft#VA; AS THE GOVERNING BODY 4, 9Li,IER COUNTY AND AS EX- OFFFPIIP THE GOVERNING BOARD OF i dtL E'R COUNTY WATER -SEWER MITT. BY: W. Fred W. Coyle, Chairman WHITTENBERG HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit cor oration Barbara Puch, President \",— WHITTEN DRIVE R.O.W �7 D_ —I Z � D D � n FTl m = D = FT1 FTl z IT5. 0 1p n to a- 0 0 n Ln n - - 0 N .2 cD o � 0 0 N � CA O r rt -� + 0 lD H m b Oyyt7•Cx O wo yzOD ►r-{ nX >Ztw c�� tj z �rn llt�Iby0 a..zo,y p cI zcn mzsz° Z >N0Entj �S ZY En En 0 y C) N Z OD to v, J J m N p O O EXHIBIT. VARIES r- =0 mmmmmm��m D D -� Z 0 m Z ;U CD Z m D D oDO D G� n 0MW. Fr N G C7 �n ton U(7 pZctn0rMOE 00 C O =z �7N= c DDM 0(A m 1�1 0 [n FTl 9 - Z I � N n 18 FEB. 2011 CHANGED TITLE BLOCK, PER COUNTY REQUEST. N Nf� 17 FEB. 2011 CHANGED T.C.E. FROM 25'X30' Q TO 25'X40' PER COUNTY REQUEST. ' IT5. 0 1p n to a- 0 0 n Ln n - - 0 N .2 cD o � 0 0 N � CA O r rt -� + 0 lD H m b Oyyt7•Cx O wo yzOD ►r-{ nX >Ztw c�� tj z �rn llt�Iby0 a..zo,y p cI zcn mzsz° Z >N0Entj �S ZY En En 0 y C) N Z OD to v, J J m N p O O EXHIBIT. VARIES mmmmmm��m D Z 0 m mz L-4 �Z ZNZOO�Z tmn�� cam r mD �n ton U(7 pZctn0rMOE =z �7N= D �Z Wto> °I � =p�>=OmD�- N Nf� i O D Dp M=Z=�Z c KW Z( p0 N m �OOm �� O Z° trims OV D p N0 rr Ong O FT1 NO ��_j5 V! * D2 NfArin <OO � Z �D � Z m ci 0D�D z --I r zD G7� 0 m� mn 00 ;;u (nnN Z -ice m z m -4 p0 �� xz to 0 m AO D O mZ Om= z� z 0y Or00A Z .z> mM�7 (")� G)C D< 00 2-t ° M < D M F- mm DN z M D C7 OA ;;7 0D (n D MO M C) < d mm M C/� O m O ,00'0-V 3 „99,000S O D_D Z Cj Q0 In AO O = D rOD M N m M (A D G7 G� AN � 0 M pa m -4 _ �r D0 0 q�0mN- <m�0 U' J D (n fTl ZA� mZ v, �'�'> Z� L7 m ZCD J z 00 m m0� z Om CO �M m 0 ul N D_mo0 O D 0 Z Z C) O r. m D (n r D A CC) 0 ,00'OV M „SS,OL.00N 0 O D 0 D co F- 0 O D -d OD �- F- �D0 D G� m O 0 C D p D N to A W O pND I (� V � D z mmmmmm��m D Z 0 m mz L-4 �Z ZNZOO�Z tmn�� cam r mD �n ton U(7 pZctn0rMOE =z �7N= m A �Z Wto> °I 80 =p�>=OmD�- N Nf� i O D Dp M=Z=�Z KW Z( p0 N m �OOm �� .W N Z° trims OV D p N0 rr Ong �m -�... NO ��_j5 V! * D2 NfArin <OO �- O- �D � Z m zOm rr7 0D�D z --I r zD G7� 0 . m� mn Z m m, (nnN Z -ice m z m -4 p0 �� xz to 0 m AO D O mZ Om= z� z 0y Or00A Z .z> m (")� G)C m 00 2-t ° �A rOm z� = M Nr mm DN z N MW A Zz Dm OA M 0D D AO MO M C) Op 00 CS mm M 00� O Zr O D_D �N Nz z In AO O = rOD M mm O Z oo to D G7 G� AN � 0 M pa m -4 _ �r D0 0 mp U' J G72 mz ZA� 0 �'�'> Z� D > `t N z 00 m m0� z Om CO �M m 0 ul N z 0 m O D 0 m D r. 0 m D (n r D A CC) 0 0 O D 0 D O z D n m CT y N W LA p N Z 0 X OD m m z m m 0 T1 N (T O 0 Easement Agreement Exhibit "B" Being the northerly twenty (20) feet of Tract "HH" as shown of the Plat of Whittenberg Villas recorded at Plat Book 28, Pages 19 to 21, inclusive, of the Public Records of Collier County, Florida; and