Parcel 221RDUE PROJECT: Golden Gate Blvd. #60040
PARCEL No: 221RDUE
FOLIO No: 39269480005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT hereinafter referred to as the "Agreement") is made
and entered into on this 11-1,441 day of 12r' , 2014, by and between JAMES A.
BECKMAN AND KARLA BECKMAN, husband and wife, whose mailing address is 5610
San Miguel Road, Bonita, CA 91902-2212 (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is
3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida
34112 (hereinafter referred to as "County").
WHEREAS, County requires a perpetual non-exclusive Road Right-of-Way, Drainage
and Utility 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"); 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:
$1,500.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). County also
agrees to pay the sum of $1,750.00 to Roetzel & Andress, do Attorney Kenneth A.
Jones for legal fees and all other costs. Said aggregate payment of $3,250.00
(representing Owner's proceeds, attorney fees and all other costs) shall be paid at
closing by County Warrant or funds wire transfer to Roetzel & Andress, do Attorney
Kenneth A. Jones, 2320 First Street, Suite 1000, Fort Myers, Florida 33901-2904, and
shall be full compensation for the Easement conveyed, including (if applicable) 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
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cure, including but not limited to the cost to relocate the existing irrigation system and
other improvements (if any), and the cost to cut and cap irrigation lines (if any)
extending into the Easement, and to remove all sprinkler valves and related electrical
wiring (if any), and all other damages in connection with conveyance of said Easement
to County, including all attorneys' fees, expert witness fees and costs as provided for in
Chapter 73, Florida Statutes.
3. Prior to Closing and as soon after the execution of this Agreement as is possible,
Owner shall provide County with the following documents and instruments (prepared
by County) properly executed, witnessed and notarized where required, in a form
acceptable to County (hereinafter referred to as "Closing Documents"):
(a) Road Riaht-of-Way. Drainage and Utility Easement;
(b) Instruments required removing, releasing or subordinating 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 agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system (if any) on the
remainder property and its performance after relocation. Owner holds County
harmless for any and all possible damage to the irrigation system in the event owner
fails to relocate the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement (if any), the Owner is responsible for their retrieval prior to the
construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of the Improvements
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located within the Easement area, and yet County is willing to permit Owner to salvage
said improvements as long as their retrieval is performed before construction and
without interruption or inconvenience to the County's contractor. All Improvements not
removed from the Easement prior to commencement of construction of the project
shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. 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.
7. 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 is no maintenance, construction, advertising, management, leasing,
employment, service or other contract 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 the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
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(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) To the best of Owner's knowledge, 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.
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 lien-holders and/or easement holders 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."
9. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and
assessments levied against the parent tract property which remain unpaid as of the
date of Closing. Furthermore, in accordance with the exemptions provided for in
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by
County, Owner shall pay all documentary stamp taxes required on the instrument(s) of
transfer.
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
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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. (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
Chanter 286, Florida Statutes.)
12. Conveyance of the Easement, or any interest in the property underlying the Easement,
by Owner 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: 1aF 20)1*
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY FLORIDA
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AS TO OWNER:
DATED: 0? (2 Q-p(4
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Witness (Signature) JAMES A. BECKMAN
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Approved as to form and legality:
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Assistant County Attorney
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EXHIBIT "A"
WEST 180' OF
TRACT 107
BECKMAN SUBIAUT
OR 714/1382 OR 3984/1207
TRACT 74 TRACT 107 TRACT 108
GOLDEN GATE ESTATES
UNIT 49
PLAT BOOK 5 PAGE BO
w " -- -
PROPOSED ROADWAY EASEMENT
PARCEL 221 RDUE
3.600 SO. VT
20'
-
apirriammaraism-
/ .
sa
108+00 l:+00 / 10+00A 111+00 112+00 113+00
- I I I
GOLDEN GATE BOULEVARD (CR 876)
OR OFFICIAL RECORDS (BOOK/PAGE)
<,1 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 80
LEGAL DESCRIPTION FOR PARCEL 221 RDUE
A PORTION OF TRACT 107, GOLDEN GATE ESTATES, UNIT 49 AS RECORDED IN PLAT BOOK 5, PAGE 80 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 20 FEET OF THE SOUTH 70 FEET OF THE WEST 180 FEET OF SAID TRACT 1 7.
CONTAINING 3,600 SQUARE FEET, MORE OR LESS.
0 40 80 180 er: .//`/�-`"`—'•
NAEL A.WARD,PR SIONAE S RVEYOR 4 MAPPER
SKETCH & DESCRIPTION ONLY FLORIDA RECISTRA RrRRR���tttaaa N0.5301
NOT A BOUNDARY SURVEY SCALE:1.=80' 510N1NC DATE: j/v
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
NOT VALID WITHOUT THE R(WESSi Sit: O RAISED MAPPER
EMBOSSED SEN.Or
A T VALID 1601)1NTH PRRIGINA O SIC SURVEYOR AND MAPPER.
GOLDEN GATE BOULEVARD D TA 6
PbAning
Vientlizetica
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CONSULT I 1 10.11 log
PARCEL 221 RDUE 6610 Willow Park Drive,Suite 200
Naples,Florida 34109
COLLIER COUNTY, FLORIDA Psone:(239)597-0575 FAX:(239)597-0578
LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE E
NAME SHEET
050217 00.00 0007 2 49 27 1" = 80' I FEB. 2008 S.D.L. I 1.■49 SK221 1 OF 1 0.*