Parcel 106/Lucia M. McCarthyMEMORANDUM
TO:
FROM:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
WILMA IVERSON. SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT DEPARTMENT
DATE: August 2, 1999
RE:
COUNTY BARN ROAD
COLLIER COUNTY PROJECT NO. 60101
Parcel: 106
Attached you will find one (1) Easement Agreement for execution by Chairwoman
Pamela S. Mac'Kie concerning the above transaction. Please be advised that Robert
Zachary, Assistant County Attorney, has reviewed and approved the attached document.
The Board of County Commissioners of Collier County, Florida approved the acquisition
by gift or purchase in Resolution 96-356, Item 16(b)(6), dated August 13, 1996.
Pursuant to Resolution 96-356, Paragraph 8, the Board has authorized its present
Chairman and any subsequent Chairman, for the life of the Project, to execute any
instrument which have been approved by the Office of the County Attorney.
Once the Agreement has been executed, please forward same to Ellie Hoffman, Records
Technician III, Minutes and Records Management, for attestation by the Clerk to the
Board. Ms. Hoffman will then call me at extension 8991 for document pick-up.
Thank you.
Attachments as stated
PROJECT: County Barn Road
PARCEL NO: 106
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between LUCIA M. FOURSON MCCARTHY, a single
woman, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns (hereinafter referred to as
"Purchaser"):
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for road
right-of-way, sidewalk, utility, drainage and mainlenance purposes over, under, upon
and across the lands described in Exhibit "A" (said easement hereinafter referred to as
the "Property"), which is attached hereto and made a pad of this Agreement;
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
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. Owner shall convey the Property to Purchaser for the sum of ~, payable
by County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said Property to Purchaser.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida. Owner shall
provide such instruments, properly executed, to Purchaser on or before the date
of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless
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 pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens.
encumbrances or qualifications affecting Purchaser's enjoyment of the Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instrument to Purchaser in a form acceptable to
Purchaser.
4. Conveyance of the Property 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 understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
Easement Agreement Page 2
5. 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.
6. Owner represents that the Property and all uses of the 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 except as specifically disclosed to the Purchaser; that the Owner
has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the
Owner has not received notice and otherwise has no knowledge of a) any spill on
the Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and to reimburse the Purchaser 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 Purchaser by reason or arising out of the breach of
Owner's representation under Section 6. This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
8. The Purchaser 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. Owner shall be responsible for paying any costs and/or fees associated
with the securing and recording a Subordination, Consent & Joinder of Easement
of the mortgage(s) recorded against the Property from the mortgagee(s).
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 in the form of a padnership, 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 before the Property held in such capacity is conveyed to
Purchaser, 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.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
thi~:'.~'/?~' day of _..,,,_ L,. .. 19 ~, ~,~.
Date Property acquisition approved by BCC: 8113/96 by Res. No. 96-356
AS TO PURCHASER:
DATED: .>'¢; ';'~
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER:
DATED: .:
Witness (Signature)
(Print or Type)
Witness (Signature)
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pa~nela S. Mac'Kie, ChairWoman
Lucia M. Fourson McCarthy
Approved as to form and
legal sufficiency:
Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
L~301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(9,11 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ................ 60101
PROJECT PARCEL NO... 106
~;','/1 4. N',';'~'.I. SEC 17 TWP 505.
TAX PARCEL NO....00428200000
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PARCEL 106 ~ -
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DESCRIPTION:
FIFTY (50'} FOOT ROAD RIGHT OF WAY EASEMENT
]'lie WEST 50 FEET OF TtlE EAST 100 FEET Or THE SOU'ftt 1/2 OF TIlE NORfttEAST I/4
OF 'filE NORTHWEST 1/4 OF THE NORTHWEST 'h'4 OF SECflOhl I?, TOWNSHlP r,0 SOtITM,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONTAIrIII'~G 16,700 SQUARE FEET MORE OR LESS
iEXHIBIT
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNStIIP
5) RGE. = RANGE
6) R/W = RIGHT OF WAY
?) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL L^ND SURVEYOR
NOT TO SCALE JULY 15, 1999
GEORGER RICHMOND
PROFESSIONAL LAND SURVEYOR-FL. REG. ¢ 2406
PUBLIC WORKS ENGINEERING DEPT.
COLLIER COUNIY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
CBR106 I SHEET 1 OF 1