Parcel 273TCEPROJECT: Haldeman Creek & Crown Pointe Weirs — LASIP 51101 (1913)
PARCEL NO: 273TCE
FOLIO NO: 74380000387
TEMPORARY EASEMENT AGREEMENT
THIS TEMPORARY EASEMENT AGREEMENT (hereinafter referred to as the
"Agreement ") is made and entered into on this day of T�Q� ,
20 13 , by and between ALFRED GALLO and ELIZABETH GALLO, husband and
wife, whose mailing address is 230 Fawn Lake Drive, Hawley, PA 18428, (hereinafter
referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of
Florida (hereinafter referred to as "County "), whose mailing address is 3299 Tamiami
Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112.
WHEREAS, County requires a Temporary 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 "Easement "), for the purpose of
constructing drainage facilities within the lands immediately adjacent thereto; and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
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 County for the sum of:
$550.00
subject to the apportionment and distribution of proceeds pursuant to paragraph
8 of this Agreement (said transaction hereinafter referred to as the "Closing ").
Said payment to Owner, payable by County Warrant, shall be full compensation
for the Easement conveyed, including all attorney's fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes. County shall use its best
endeavors to restore all landscaping, trees, shrubs, improvements, and fixtures
located within the Easement area to their pre- construction condition after
completion of construction.
3. Owner shall obtain from the holders of any liens, exceptions and /or qualifications
encumbering the Easement, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Easement upon
their recording in the public records of Collier County, Florida. Prior to Closing
and as soon after the execution of this Agreement as is possible, Owner shall
provide County with a copy of any existing title insurance policy and the following
documents and instruments properly executed, witnessed, and notarized where
required, in a form acceptable to County (hereinafter referred to as "Closing
Documents "):
Page 2
(a) Temporary Construction Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and /or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W -9 Form; and
(f) 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 County,
County's counsel and /or title company.
4. Both Owner and County agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days of the date of execution of this Agreement or
within thirty (30) days of County's receipt of all Closing Documents, whichever is
the later. This agreement shall remain in full force and effect until Closing shall
occur, until and unless it is terminated for other cause. At Closing, payment shall
be made to Owner in that amount shown on the Closing Statement as "Net Cash
to the Seller."
5. Owner and County 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.
6. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, 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) County'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) No party or person other than County has any right or option to acquire.
the Easement or any portion thereof.
(d) 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 County to such
conveyance, encumbrance, or agreement, which consent may be withheld
by County for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Easement.
(f) 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
C
Page 3
the Easement which has not been disclosed to County in writing prior to
the effective date of this Agreement.
(g) County 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
County.
(h) The property underlying the Easement, 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 underlying the
Easement except as specifically disclosed to the County; that the Owner
has no knowledge of any spill or environmental law violation on the
property contiguous to or in the vicinity of the Easement to be sold to the
County, that the Owner has not received notice and otherwise has no
knowledge of: a) any spill on the property underlying the Easement; b)
any existing or threatened environmental lien against the property
underlying the Easement; or c) any lawsuit, proceeding or investigation
regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the property underlying the Easement. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the County against and
from, and reimburse the County 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 County by reason or arising out of the breach
of any of Owner's representations under paragraph 7(h). This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
8. County shall pay all fees to record any curative instruments required to clear title,
and all easement instrument recording fees. In addition, County may elect to
pay reasonable processing fees required by mortgagees in connection with the
execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the property underlying the Easement;
provided, however, that any apportionment and distribution of the full
compensation amount in paragraph 2 which may be required by any mortgagee,
lien- holder or other encumbrance - holder for the protection of its security interest,
or as consideration due to any diminution in the value of its property right, shall
be the responsibility of the Owner, and shall be deducted on the Closing
Statement from the compensation payable to the Owner per Paragraph 2.
County shall have sole discretion as to what constitutes "reasonable processing
fees." In accordance with the provisions of Section 201.01, Florida Statutes,
concerning payment of documentary stamp taxes by County, Owner shall further
pay all documentary stamp taxes required on the instrument(s) of transfer,
unless the Easement is acquired under threat of condemnation.
9. Owner agrees to grant the TCE for the purpose of constructing drainage facilities
adjacent to this area. The term of the TCE shall commence upon the issuance
of Grantee's official Notice to Proceed to its roadway contractor for the
construction of the Haldeman Creek and Crown Pointe Weirs portion of the Lely
Area Stormwater Improvement Project No. 51101, and shall automatically
terminate two years therefrom.
so
Page 4
10. 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.
11. 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, subject to the penalties
prescribed for perjury, 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 County, 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.)
12. Conveyance of the Easement by Owner, or any interest in the property
underlying the Easement, is contingent upon no other provisions, conditions, or
premises other than those so stated herein; and this 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. 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 County.
13. 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.
14. 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
the date first above written.
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
ISZp� ,
iuty Clerk
signature only.,
BOARD OF COUNT ° COMMISSIONERS
COLLI � O NT/Y, FLORIDA
BY:
GEAR I "ILLER, Esq.
Chai, oman
AS TO OWNER:
DATED: UJ - 2- - G? UQ 3
\flhne ignature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
itn (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revised: 05/10/2013
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LEGEND
P.8, PLAT BOOK
PC PACE
P,O.8, = POINT OF BEGINNING
O.C. - POINT OF COMMENCEMENT
Dl. — DRAINAGE EASEMENT
TCE - TEMPORARY CONSTRUCTION
EASEMNT
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TRACT TRACT 'W*
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TRACT "A"
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TEMPORARY CONSTRUCTION EASEMENT
DURATION TWO YEARS
LEGAL DESCRIPTION - PARCEL 273TCE
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17.68'
N.E. CORNER
OF LOT 14
276 SF
N79'00*28'W
41.35'
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15
A PARCEL OF LAND LYING ON LOT 15, SOUTH SHORE VILLAS AT CROWN POINTE, AS RECORDED IN PLAT BOOK 24,
PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 114, SOUTH SHORE VILLAS AT CROWN POINTE,, AS RECORDED IN PLAT
BOOK 24, PAGES 65 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE SOUTHERLY BOUNDARY OF A DRAINAGE EASEMENT AND A PORTION OF' TRACT "A", OF SAID SOUTH
SHORE VILLAS AT CROWN POINTE, N89*59*11'E FOR 49.42 FEET, TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN.
'THENCE CONTINUE ALONG THE SOUTHERLY BOUNDARY OF' SAID TRACT 'A", SOUTH SHORE VILLAS AT CROWN POINTE. AS
RECORDED IN PLAT' BOOK 24, PAGES 6 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
N89'59'11"E FOR 9,36 FEET;
THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID TRACT "A" SI9'59'32'*W FOR 17,68 FEET;
THENCE N70*00'28**W FOR 3.80 FEET;
THENCE S19*59'32"W FOR 26.86 FEET,
'THENCE N70*09'37'* FOR 5.00 FEET';
THENCE N19*59'32"E FOR 41,35 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 276 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE 1 SIG
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLOROA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY,
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PROJECT- LEIAY AREA STORM WATER IMPROVEMENT PROJECT (LASIP 190) JMTA IVI=7..
SKETCH AND LEGAL DESCRIPTION 1�lv lwvll Ism-41—ing"amirw
PARCEL 273TCE: TEMPORARY CONSTRUCTION EASEMENT f6lil W&W P.1k Drive SlstP 200
Nor*,e , lln"da 300
PREPARED FOR: COLDER COUNTY GOVERNMENT/BOARD OF COUNTY COMMMIONERS Pt o„(, 1219) 6W nor;".; �A)( (a510) 607' 0514
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