Parcel 116/BickfordTO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb
Sr. Property Acquisition Specialist
Real Property Management Department
November 19, 2001
County Barn Road - Parcel #116 - Harry E. & Martha R. Bickford
Please find attached one (1) original recorded Easement and one (1) original
Easement Agreement for the above referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
by gift or purchase pursuant to Resolution 96-356, Agenda Item 16 B 6, dated August
13, 1996, and approved the acquisition by condemnation pursuant to Resolution 2000-
193, Agenda Item 8 B 2, dated June 27, 2000.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
CC:
A.N. Korti, Transportation w/attachments
Tax Appraiser's Office w/Easement only
Contractor's File w/attachments
Inventory File w/attachments
Office of the Real Property Management Department
PROJECT: County Barn Road
PARCEL: 116
FOLIO #: 00406600305
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered by and between Harry E. Bickford and Martha R. Bickford, husband and wife,
(hereinafter singularly or collectively referred to as the "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns (hereinafter referred to
as the "Purchaser");
WHEREAS, the Purchaser requires an Easement over, under, upon and across the
lands described in Exhibit "A", which is attached hereto and made a part of this Agreement,
for road right-of-way, drainage, utility, and maintenance purposes; and
WHEREAS, the property described in Exhibit "A" shall hereinafter be referred to as the
"Property;" and
WHEREAS, the Owner desires to convey the Easements to the Purchaser for the
stated purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the
Easements over, under, upon, and across 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 are
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall grant to Purchaser Easements over, under, upon, and across the
Property in exchange for the sum of $8,700.00 as full payment for the Property interest taken
and for any damages resulting to the remainder, if less than the entire property was taken,
and for all other damages in connection with said Property, including any costs, expert fees,
or attorney's fees as provided in Chapter 73 and 74, Florida Statutes.
2. Purchaser shall pay Owner for above referenced cost by County Warrant.
3. Both Owner and Purchaser agree that time is of the essence in regard to the closing
and that, therefore, said closing shall occur within sixty (60) days of the execution of the
Agreement by Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner
and Owner shall deliver easements to Purchaser in a form acceptable to Purchaser.
4. Prior to the closing, Owner shall obtain from the holders of any and all liens,
encumbrances, exceptions, or qualifications in and to the Property, the execution of such
instruments that will, upon their recording in the Public Records of Collier County, Florida,
clear any and all encumbrances from the Property. Such instruments shall be provided to
Purchaser on or before the date of closing.
5. Conveyance of the Easements, or any interest in the Property, by the Owner is
contingent upon no other provisions, conditions, or premises other than those so stated
herein; 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.
6. 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.
7. 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 County; 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 County, that the seller 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.
8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to 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 owner's representation under Section 7.
This provision shall survive closing and is not deemed satisfied by conveyance of title.
9. 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). The cost of a title commitment shall be paid by Purchaser.
10. If the Owner holds the Property 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, 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.
IN WITNESS WH_.E,REgF, the parties hereto have executed this Easement Agreement
on this/?~day of fi--~~ , 2001.
Dated Project/Acquisition Approved by BCC: 06/27/00 Item #: 8 (B) (2)
AS TO PURCHASER:
,A, TtE
ST:
.E. BROCK, Clerk
~;" '~ "" ty CI
..,~: , Depu erk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: M~
JA Chairman
AS TO OWNER:
DATED:
(Sj.gr~ature)
(~rinted Name)
(~igna{u~)
(Printe~Name)
(Si~n/ature)
(Printed Name)
( S i g n"'""~a t ~r-e-)/
(Printed Name)
Approved as to form and
Ellen T. Chadwell
Assistant County Attorney
MARTHA R. BICKFORD
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(041) 774-8102
EXHIBrr_i L...
Page_ I ,,_Af,_.j...._
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ................. 80101.
PROJECT PARCEL NO...118
TAX PARCEL NO...:;..00'~ 0 6 6 00 30 5
DESCRIPTION:
ROAD RIGHT OF WAY EASEMENT
N.E. COR. OF THE E 1/2, S 1/2, 81/2, NW 114, 8Wl/4, '
SEC. 8, TWP. 50 8, RGE 20 E.
S 8§° 14' 37~ P.O.C.
25' __/i ~.O.B;
PARCEL110---~
§0' : §0' ,
Perpetual, Non-Exclusive,
Road Right-of-Way, Drainage,
Utility and Maintenance
Eastment
COMMENCE AT THE NORTHEAST CORNER OF THE EAST 1/2 OF THE SOUTH 112
OF THE SOUTH 1/2 OF THE NORTHWEST QUARTER OF THE 8OUTHWEST QUARTER
OF SECTION 8, TOWNSHIP 60 8OUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA;
THENCE N'80" 14' 37" W 50.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
00" 38' §6" E 337.80'; THENCE N 89° 10' 44" W §0.00'; THENCE N 03" 37'041" E
337.87'; THENCE 8 89' 14"37"E 26.00' TO THE POINT OF BEGINNING.
CONTAINING 12,058 SQUARE FEET OR .201 ACRES.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEOINNIN(3
3) SEC. = SECTION
4) TWP.= TOWNSHIP
§) RI3E. = RANGE
0) R/W = RII3HT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS .SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFI~SSIONAL LAND SURVEYOR
PROFE881ONAL LAND SURVEYOR-FL. REG. # 2408
PUBLIC WORK8 ENGINEERIN(] DEPT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
PROJECT:
PARCEL:
FOLIO #:
County Barn Road
116
00406600305
Prepare4
Ellen T. Chadwell, Esqutre
Office of the County
3301 East Tamiami Trail
~aples, Florida 34112
(941) 774-8400
2879608 OR: 2917 PG: 0947
R~CORDED in O))ICIAL R~CO~DS of COLLI)R COUNTY, )~,
11/01/2001 at 08:40AM DWIGHT 1. BROCK, CLERK
R~C ~ 15,00
3.00
RBAL PROPBRTY
]2~ 8991
~~ h~s be~n ~uimd under
,~ .... ,~. ~ and is exempt from
documen~,, stamp tax
EASEMENT
THIS EASEMENT, made and entered into this c~P&day of ~.p~-~,~e~P~ ,
2001, by Harry E. Bickford and Martha R. Bickford, husband and wife whose mailing
address is 5533 Wilmar Lane, Naples, Florida 34112, as Grantor to COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112, its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WlTNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive easement, license, and privilege for road right-of-way,
sidewalk, drainage, utility and maintenance purposes, on the following described lands
located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of constructing,
operating and maintaining road right-of-way, sidewalk, drainage, and utility facilities
thereon. Grantor and Grantee are used for singular or plural, as the context requires.
The easement granted herein shall constitute easements running with the land and
shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
Witness Signature
Print Name
Witness Signature
Print Name
Harry E./4~ickford //
THIS CONVEYANCE APPROVED BY THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. ,,Z~96~ - I q$
OR: 2917 PG: 0948
Witness Signature
Print Name
W'~n~'SiCnatu re
Print Name
Martha R. Bickford
STATE OF
COUNTY OF
Thne foregoing Easement was acknowledged
_._~o~~ , 2001 by Harry E. Bickford,
who ~as produced
before me this c2'4~'~ day of
who is personally known to me or
as identification.
(affix notarial seal)
-,,-,,-, .... O, ind¥ l~t. Erb
.,:~! -".~'-, -..- . ..,. ,, A~ 1
:" ~' "'~ ,, In~.
s'i~n-'at u re ofCl(Iota ry
Print Namb of Notary
Commission Number: CCc
My Commission Expires:
STATE OF )~'/~
COUNTY OF _0 _~--/-/~ ~
The foregoing Easement was acknowledged
,,~z,~~ ,2001 by Martha R. Bickford,
~ho' ha~ produced ~L 'L~,,'_ /_,' ¢_
before me this ~'7 day of
who is personally known to me or
as identification.
(affix notarial seal)
,,,.,&t;~;;.,,, Cindy M. Erb
='-~! I~ ~'== Exoires Al~il 3, 2004
Signatu.re of CNotary
Print Name/of Notary
Commission Number:
My Commission Expires:
~unt~ Attor~e.~
Ellen T, Cha~ell
OR: 2917 PG: 0949 ***
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(§41)'7'74-8192
EXHIBrI,'
Page_ ~ ,,_~f~
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ................. 80101.
PROJECT PARCEL NO...118
TAX PARCEL NO...:;..0 04 06 600305
DESCRIPTION:
ROAD RIGHT OF WAY EASEMENT
N.E. COR. OF THE E 1/2, S 1/2, S1/2, NW 1/4, SWl/4, '
SEC. 8, TWP. 50 S, RGE 28 E.
8 80° 14' 37" E
P.O.C.
PARCEL 11
N
25'
60'
J I
: §0' '
Perpetual, Non-Exclusive,
Road Right-of-Way, Drainage,
Utility and Maintenance
Eastment
COMMENCE ATTHE NORTHEAST CORNER OF THE EAST 112 OF THE SOUTH 1/2
OF THE SOUTH 1/2 OF THE NORTHWEST QUARTER OF THE 8OUTHWEST QUARTER
OF SECTION 8, TOWNSHIP 80 8OUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA;
THENCE N'8D° 14' 31" W §0.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
00° 38' §5" E 337.80'; THENCE N 81)° 10' 44" W 60.00'; THENCE N 03° 37'041" E
337.87'; THENCE 8 89° 14"37"E 25.00' TO THE POINT OF BEGINNING.
CONTAINING 12,8§8 SQUARE FEET OR .291 ACRES.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
6) RGE. = RANGE
0) R/W = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFEssIONAL LAND SURVEYOR
PROFE881ONAL LAND SURVEYOR-FL. REG. # 2408
PUBLIC WORK8 ENGINEERING DEPT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
NOT TO SCALE MAY 22° 2000
SHEET 1 OF 1