Backup Documents 01/13/2015 Item #16A23 ORIGINAL DOCUMENTS CHECKLIST &ROUTING SJIP6 A 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMIVIISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
IMPOINNISSUP
Complete rotting lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the documest is already complete with the
exception of the Chairman's signature,draw a line through routinajlines#1 through#2,non kIe the checklist,and forward to the Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
3. County Attorney Office County Attorney Office
1113115 •
4. BCC Office Board of County MP
Commissioners / \ `S kS
5. Minutes and Records Clerk of Court's Office l rt545 q:Npm
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who a eated✓prepa ed the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Michelle L Sw Phone Number 252.6027
Contact/ Department TECM-ROW
Agenda Date Item was i /
Agenda Item Number / A >3
Approved by the BCC 1113 I 1 S V
c Document Number
Attached t + I1duE Docmmts Attached
PO number or account
number if document is J)�}
to be recorded
INSTRUCTIONS&CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
approPriate• (Initial) Applicable)
1. Does the document require the chairman's original signature? A
2. Does the document need to be sent to another agency for additional signatures? If yes, Id/11
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (AU documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed p(
by the Office of the County Attorney.
4. All handwritten striike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board I R
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
8. The document was approved by the BCC on if1a h ' )and all changes made ,Y
during the meeting have been incorporated in the attached document. The County I"S
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature. -
16A23
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Friday,January 16, 2015 4:47 PM
To: Sweet, Michelle
Subject: Easement Agreement Parcel 206RDUE (#16A23 1-13-15)
Attachments: Parcel 206RDU E.pdf
Hi Michelle,
Attached is a copy of the signed Easement Agreement
for Parcel 206RDUE (Project 60040) Item #16A23
that was approved by the Board this past Tuesday,
January 13, 2015.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
1
1 6 A 2 3
PROJECT: 60040 GOLDEN GATE BLVD,
PARCEL No(s) 206RDUE
FOLIO No(s)- 39203960002
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (liereirliffer refergd to as the "Agreement") is
made and entered into on thrsI3ith day of ijain trketvA.i . 2 P15 by and between -
ALEKSANDAR PAVLOVIC, and CARMEN M. PAVLOVIC, husband and wife. whose
mailing address is 1130 Golden Gate Boulevard, Naples, FL 34120(hereinafter referred to
as'Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida. whose
mailing address is 3299 Tamiami 'Frail East clo the Office of the County Attorney, Suite
300, Naples, Florida 34112(hereinafter referred to as"County")
WHEREAS, County requires a Road Right-of..V]tay, 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 Easemert to County for the stated
purposes, on the terms and conditions set forth herein, aid
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ton Dollars
($10,001, 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.
$71,400.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement(said transaction hereinafter referred to as the Closrng'r In addition
County shall pay attorney RICHARD YOVANOVICH attorney's fees in tie sum of
$7,227.00 Said payments, payable by County Warrant shall be troll compensation
nsation
for the Easement conveyed, including hf applicab re) all landscaping- trees, shrubs,
improvements, and fixtures located thereon, and shall he in full and final settlement of
any damages resulting to Owner's remaining lands, costs to cure- including but rot
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 Ear.ernent,
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
16A23
Page 2
attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Fonda
Statutes.
3. Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easement, the execution of such instruments which ;aril 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
property executed, witnessed. and notarized where required. in a four acceptable to
County(hereinafter referred to as"Closing Documents';:
(a) Easement;
(b)Instruments required to remove, release or subordinate any and ail liens,
exceptions andlor qualifications affecting County's enjoyment of the
Easement.
(c) Closing Statement;
(d)Grantor's Nan-Foreign,Taxpayer Identification arid"Gap"Affidavit;
(e)1N-)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 the company
4 Beth Owner and County agree that time is of the essence. Therefore (;losing sha°.i
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 tie later This
agreement shall remain .n full force and effect taro Closing shall occur, until ;and
unless it is terminated for other cause. Al 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 fif 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 evert owner
fails to relocate the irrigation system prior to construction of the protect.
If Owner elects to retain improvements and/or landscaping (Improvements`) located
on the Easement (if any), 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 all
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Page 3
improvements 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, Al;
improvements not removed from the Easement prior to commencement of
construction of the project shall be deemed abandoned by Owner.
This provision shad survive Closing and is not deemed satisfied by conveyance of
title.
6. Owner and County agree to do all things which may he 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 herewithto undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby
tb)County's acceptance of the Easement shall 110 be deemed to he 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 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 thereiri 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,
r:t) ilihere are no maintenance, constructionadvertising, manage.ment, leasing,
employment,service or other contracts affecting the Easement,
id) Owner has no knowledge that there are any spits, actions or arbitration.
administrative or other proceedings or governmental investigations or
rernents, formal or informal, existing or pending or Illreatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder: nor is there any other charge or eicense upon or related to the
Easement which has not been disclosed to County in writing prier to the
effective date of this Agreement
(As4
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Page 4
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
i:ontracts or agreements pertaining to or affecting the property underlying the
Easement and net 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 sad 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 riot 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 o) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances cm the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title
iT Owner shalt indemnify, defend. save and hole harmless the County against and from
arid reimburse the County with respect to, any and all damages, claims, liabilities,
IMNS, costs and expenses (including without limitation reasonable paralegal and
attorney fees and expenses whether in court. out of court, in barkrupty or
add ii istrative proceedings or en appeal), penalties or fines incurred by or asserted
against the County by reason of 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.
9 County shall pay all fees to record any curative instruments required to clear title, and
at Easement instrument recording fees. In addition, County may elect to pay
reasonable processing fees required by lion-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 an the Closing Statement from the
compensation payable to the Owner per Paragraph 2. County shalt have sole
discretion as to what constitutes'reasonable processing fees,"
r,s.)
1 6 A 2 3
Page 5
10. 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
11 This Agreement and the terms and provisions hereof shall he 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.
12, If the Owner holds the properly 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 penaltes prescribed for
perjury, of the name and address of every person waving 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 trte 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 256, Florida Statutes.)
13. 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;
•indertakings, promises, warranties, or covenants not contained herein, No
modification, amendment or cancellation of this Agreement shall be of any force or
effect unless made io writing and executed and dated by both Owner and County
14. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from time Agreement,and the remaining provisions of this Agreement shall
remain in full force and effect and not be affected by such invalidity.
15. This Agreement is governed and construed in accordance with the laws of tree State
of Florida,
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„3,0 6
IN WITNESS WHEREOF, the nates hereto have executed this Agreement on tile date
first above written.
AS 10 COUNTY:
DATED:. tix.krirxia.,-,-'s/14}C:jir"
BOARD OF COUNTY COMMISSIONERS
• DWIGi••,ft ENESOCK. Clerk COLLIER COUNTy...,FIORID
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Wne.ss(Signature) ALEK
sAN PAR PAVLOVIC •
Name (Print or Type)
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Witness(.3ignature) CARME M PAVLOVIC
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Name rPrint Cr Type)
Approved as to form and legality:
I9e-1417.Y1
Assistant County Attorney
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item# 1(aha5
Agenda tiaj5
Date 1
Date (.15_15:
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GOLDEN GATE BOULEVARD (CR 876)
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IPROPOSED ROADWAY EASEMENT
? i PARCEL 206 RDUE
V 6,4NC SU. R
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1
. A
TRACT 21 TRACT 56 TRACT 57
I. GOLDEN GATE ESTATES
UNIT 48
l' PLAT BOOK 5 i PAGE 78
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1
EAST 150' OF
TRACT 56
MACIAS PAGANO
' OR 3304/2826 ( OR 1463/2162
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2 NAIOET
I. OR 2148/1480
1
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/
I
SO. FT. SQUARE FEET TFCM-ROW
OR OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) FEB 0 1 2010
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
1/ A USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 78
LEGAL DESCRIPTION FOR PARCEL 206 RDUE
A PORTION OF- TRACT 56, GOLDEN GATE ESTATES. UNIT 48 AS RECORDED IN PLAT BOOK 5, PAGE 78 OF THE PUDL'C
RECORDS OF COLLIER COUNT, FLORIDA, LYING IN SECTION 2. TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 43 =EET OF 'THE NORTH 93 FEET OF THE EAST 150 FEET OF SAID TRACT c.. •
,..ONTAIN'NC 6.450 SQUARE FEET, MORE OR LESS. / . .
040 80 1
SKETCH & DESCRIPTION ONLY 8�
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Rr.:RF'SSl GIC NO Sdo,
NOT A BOUNDARY SURVEY SCALE. 1'-80' vcMNc wOrr.:,n[y"
FOR: COLLIER COUNTY GOVERNMENT 90ARO OF COUNTY COMMISSIONERS A RORIOA 9COM V)PRORssa amtmr nirvro+s�1 a
GOLUF.N GATE BOULEVARD TTK �e
808
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT r� A k
PARCEL 206 ROUE FAO Mort PsnfAi.9.Soho$16
MI/MK P818134108
COLLIER COUNTY, FLORIDA Pt.:Io'i1397o»5 FAX-t231)687.cs76
1,8 Na.:6952
,;:`9 Num.13ER REVI5iCN __C"GN TOWNSHIP RANGE S':ALE DATE BRAWN 8Y FILE NAME SHEET
05021/700 01 3001 REV CI 2 49 27 1" m 80' DEC. 2009 R Y. SK 206 1 OF 1
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