Parcel 109/Martin-Jean RoppoloMemorandum
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb ~q~
Sr. Property Acquisition Specialist
Real Property Management Department
December 10, 2001
County Barn Road - Parcel #109 - Roppolo
Please find attached one (1) ori_clinal recorded Subordination of Utility Interests, one (1)
oriqinal recorded Easement and one (1) oriqinal 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
Inventory File w/attachments
Office of the Real Property Management Department
PROJECT:
PARCEL:
FOLIO:
County Barn Road
109
OO4273200O4
Prepared byt
Ellen T. Chadwell, Esquire
Office of the County Attorne)
3301 East Tamfamt Trail
Naples, Florida 34112
(941) 774-8400
2892285 0R: 2932 PG: 1653
RECORDED In OPIICIAL RECORDS oK COLLIER COUI?T, FL
11/29/2002 at 09:18A~ DUIa~ B. BROCK, CLERK
COILS 48500.00
RBC PB! 15.00
COPIES 3.00
Retn:
REAL PROPERTY
SZ? 89S1
I#?BR OPPIC!
EASEMENT
THIS EASEMENT, made and entered into this /~ day of ~/~0-~_~/~¢.~/,
2001, by MARTIN ROPPOLO and JEAN E. ROPPOLO, husband and wife, whose
mailing address is 5619 Wendy Lane, Naples, FL 34112-2300, 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.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive, easement for road right-of-way, drainage, utility and
maintenance purposes on the following described lands located in Collier County,
Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of constructing,
operating and maintaining road right-of-way, drainage, utility and maintenance facilities
thereon. Grantor and Grantee are used for singular or plural, as the context requires.
The easement granted herein shall constitute an easement running with the land and
shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
Witnes~d'~,Signatur&
Name: ~/~¢_/~, ~ ~
'"~. (Print o(Type)
Wil~ e~i~h~at L~ re'~
(P~'~nt or TyPe') t ~
M~r{in Roppolo
Address: 5619 Wendy Lane
Naples, FL 34112-2300
?URSUANT TO THE PROVISION8
OF RE$OLLFFtON NO. ,:~00 o - ~q~ .3
OR: 2932 PG: 1654
Witness ~Signature)
Name:
~, (Print of Type)
W it~'e~1 g n~at u re
N ar~.' ~,,
(~i~' or'T~/pei '~l
z~an E. Roppolo ' ,/7 /
Address: 5619 Wendy Lane
Naples, FL 34112-2300
STATE OF /~--~/'~,~_---7~
COUNTY OF (~m ,//, ~,~
T ~
~ he foregoing Easement was aoknowledged before me this /~ day of
_~~~ , 2001 by Matin Roppolo, who is personally known to me or
whdhas produced Cz ~. ~/d~as identification.
(affix notarial seal)
',,~%%,,'o" .~l~, Bondin6 Co..
STATE OF F//O,~--¢O//'
COUNTY OF
( ~b~"~at'ure (~ Notary Public)
(Print Narr~ of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
oing
who'has produced
Easement was acknowledged before me this j ~/'¢'day of
,2001 by Jean E. Roppolo, who is personally known to me or
¥~.~£/-,dC, as identification.
(SignaturgTof Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: (2~ 9J4~2f
My Commission Expires:
(affix notarial seal)
,,?,~?..~f,, Cindy M grb
~sststant Count~ Attorne~ Ellen T, Chad~ell
OR: 2932 PG: 1655
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
N.E. COR. OF THE N 1/2, N 1/2, NW 1/4,
NW 1/4, SEC. 17, TWP. 50S, RGE 26 E.
WENDY LANE
15' ROAD EASEMENT/-
PARCEL 109----___~__
Perpetual, Non-Exclusive,
Road Right-of-Way, Drainage,
Utility and Maintenance
Eastment
5' DRAINAGE EASEMENT-~
LANSDALE LANE
DESCRIPTION:.
FIFTY (50') FOOT ROAD RIGHT OF WAY EASEMENT
PROJECT NO ................. 60101
PARCEL NO ................... 109
TAX PARCEL NO....'..00427320004
50'
' Z
THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE NORTH HALF
OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 17,TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
CONTAINING 13,200 SQUARE FEET OR .303 ACRES MORE OR LESS.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) 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
~ GEORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
PUBLIC WORKS ENGINEERING DEPT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
MAY 22, 2000 CBR10g SHEET 1 OF 1
PROJECT NO. 60101
PARCEL NO. 109
Florida Power & Light Release
p~epared by:
Ellen T, Chadwell, Esquire
Office of the County Attorne)
5301 East Tamtami Trail
Maples, Florida 34112
(941) 774-8400
2892282 OR: 2932 ?G: 1645
RBCORDBD i1~ OFFICIAL I~CORDS 0f ¢OLLIBR COlIN?Y, FL
11/29/2001 at 09:lSAM DWISH? I. BROCK, CLRRK
15.00
COPIBS
Retn:
RSAL PROPKRTY
BZT 8991
INTBR OFFIC)
SUBORDINATION OF UTILITY INTERESTS
Public Body
· _ , ~.. ,~,,/
THIS AGREEMENT, entered into this //~" day of .~,,/~, j.ej__, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter called "County", and
FLORIDA POWER & LIGHT COMPANY, a Florida corporation, by its undersigned officers who have
been duly authorized by the corporation to execute this Subordination, whose mailing address is P.
O. Box 029100, Miami, Florida 33102, hereinafter called "Utility."
WITNESSETH:
WHEREAS, the Utility presently has an interest in certain lands that have been determined
necessary for road right of way, sidewalk, utility, drainage and maintenance purposes; and
WHEREAS, the proposed use of these lands for road right of way, sidewalk, utility, drainage
and maintenance purposes will require subordination of the interest claimed in such lands by Utility to
the County, and at the request of the County, the Utility has agreed, subject to the following
conditions, to relocate its facilities from the Utility's easement lands onto public right-of-way, or has
agreed to leave its facilities on the subordinated lands (hereinafter jointly referred to as "Lands" and
depicted in Exhibit A attached hereto); and
WHEREAS, the County is willing to pay to have the Utility's facilities relocated, if necessary, to
prevent conflict between the facilities so that the benefits of each may be retained;
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, Utility and County agree as follows:
Utility subordinates any and all of its interest in the Lands described as follows:
(SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF)
to the interest of the County, its successors or assigns, for the purpose of constructing, improving,
maintaining and operating road right of way, sidewalk, utility, drainage and maintenance purposes,
over, through, upon and/or across such Lands, including, but not limited to, the claim of interest
based on the following:
Nature of From or Recorded
Encumbrance Date Against In Favor Of Book-Pago
Easement 8/30/76
Richard B. Lansdale
Carol Ann Lansdale
Florida Power &
Light Company
660/1441
PROVIDED that the following rights are granted to Utility:
1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade,
remove, and relocate facilities on, within, and upon all Lands in accordance with the County's current
minimum standards for such facilities. Any construction or relocation of facilities within the Lands will
be subject to prior approval by the County. Should the County require the Utility to alter, adjust, or
relocate its facilities from or within said Lands, the County hereby agrees to pay the cost of such
alteration, adjustment, or relocation, including, but not limited to, the cost of acquiring appropriate
easements.
2. The Utility shall have a reasonable right to enter upon the Lands for the purposes
outlined in paragraph 1 above, including the right to trim such trees, brush, and growth which might
endanger or interfere with such facilities, provided that such rights do not interfere with the operation
and safety of the County's facilities.
OR: 2932 PG: 1646
3. The Utility agrees to repair any damage to the County's facilities and to indemnify the
County against any loss or damage resulting from the Utility's exercise of its rights as outlined in
paragraphs 1 and 2 above.
4. These terms and conditions shall be attached as an addendum to the permit, if any,
required by the County for relocation of the Utility's facilities within the said Lands.
5. This Agreement is not assignable except to the State of Florida for the use and benefit
of the County in connection with the Utility's installation and maintenance described above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
AE~"~,~ .~,~- ~; ;, ~_u"t~, Clerk
~p~ove~,fo~,and
L~'dj P..A~ht~n .;:--.'
~slstant County A~5mey
Sl'gne~ {ea[e~.and delivered
in our presence as witnesses:
WIIS~' (Signature)
~ame: Sally H. Stone
print or
/
WITNEss '(Signa-~u-re)
Name: ~O~a
(Print or Type)
STATE OF: ,,_~']_o~da .
COUNTY OF: ~:~l,,, Peach
BY:
BOARD OF COUNTY COMMISSIONERS
JAMSS[//~. CARGO'S, -P~H~q~. , CHAIRMAN
FLORIDA. POWER & LIGHT COMPANY,
a Flor~/,~t~/~,//~,.
By:~~ - ""-~
Director, Corp.orate Real
Attest:
Estate
I hereby certify that on this 9~h b.e, for..e. [ne, an officer duly authorized to ,t;akG;r.~Ck~owledgment,
personally appeared wi.. t.;rnsm (name) '%;~.. C0rp'~l
(title) of Florida Power & Light Company, a Florida corporation, who is personall~ known to me er-Au, he-
(affix notarial seal) /( .~..,~ / f
No~ Signat'~re ' -
Print Name of Notary
Commission Number:
My Commission Expires:
" OFFICIAL NOTARY SEAL
DONNA M RODEBAUGH
NOTARY PUBLIC STATE OF FLORIDA [
COMMISSION NO. CC.3~809 /
MY COMMISSION EXP. OCT. 24,1997 /
OR: 2932 PG: 1647
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
N.E. COR. OF THE N 1/2, N 1/2, NW 1/4,
NW 1/4, SEC. 17, TWP. §0 S., RGE 26 E.
WENDY LANE
15' ROAD EASEMENT/-
PARC,EL 109--______~
Perpetual, Non-Exclusive,
Road Right-of-Way, Drainage,
Utility and Maintenance
Eastment,
5' DRAINAGE EASEMENT--%
50'
LANSDALE LANE
---T-. ·
DESCRIPTION:
FIFTY (50') FOOT ROAD RIGHT OF WAY EASEMENT
PROJECT NO .............. 80101
PARCEL NO .............. 109
TAX PARCEL NO....'..00427320004
O
n,'
z
z
O
O
THE WEST FIFTY (§0') FEET OF THE EAST 100 FEET OF THE NORTH HALF
OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 17,TOWNSHIP 50 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA.
CONTAINING 13,200 SQUARE FEET OR ,303 ACRES MORE OR LESS.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) 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
GEORGE R. RICHMOND ..................
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2408
PUBLIC WORKS ENGINEERING DEPT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
NOT TO SCALE MAY 22, 2000
CBR109
.~HEET 1 OF 1
PROJECT:
PARCEL:
FOLIO:
County Barn Road
109
0O427320004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between MARTIN ROPPOLO and JEAN E. ROPPOLO,
husband and wife, (hereinafter referred to as "Owner) whose mailing address 5619
Wendy Lane, Naples, FL 34112-2300, and COLLIER COUNTY, a political subdivision
of the State of Florida, its successors and assigns (hereinafter referred to as
"Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for road
right-of-way, drainage, utility and maintenance 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 part 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:
Owner shall convey the Property to Purchaser for the sum of $48,500.00, 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, including any costs,
expert fees, or attorney's fees as provided in Chapter 73 and 74, Florida Statutes.
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.
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.
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.
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
Easement Agreement Page 2
10.
11.
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.
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 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
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.
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.
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.
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.)
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
this i(:::t~' day of ~/~¢,~.¢_ ,2001.
Date Property acquisition approved by BCC: June 27, 2000 Agenda Item #: 8 B (2)
Resolution #: 2000-193
Easement Agreement
AS TO PURCHASER:
DATED: /~/'/~/
ATTEST:
DWIGHT E. BROCK, Clerk
'iAS T~ OWNER:
",,, :-6'.':1!i).~
Witnes~i~nature)
Name:
(Print o~Type)
~~nature~
(hri'~i or YYp~)
Witness ((~ignature)
me: C.,,,,lZ~/~.
(Print ~'r Type)
W~~n~t~e) .
Na~~ ~, ~
(~rint ~r
Approved as to form and
legal sufficiency:
.../Ellen T. Chadweil
Assistant County Attorney
Page 3
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:JAM~~. C~RTER, PH.D., Ch--~irman
MARTIN ROPPOLO
~'AN E. RO~-P-dL~d //~'
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION NOT A SURVEY
N.E. COR. OF THE N 1/2, N 1/2, NW 1/4,
NW 1/4, SEC. 17, TWP. 50 S, RGE 28 E.
WENDY LANE
15' ROAD EASEMENT/- -I - -
PARCEL 109---~_~[__,.._
Perpetual, Non-Exclusive,
Road Right-of-Way, Drainage,
Utility and Maintenance
Eastment,
5' DRAINAGE EASEMENT--_~.
LANSDALE LANE
DESCRIPTION:
FIFTY (50') FOOT ROAD RIGHT OF WAY EASEMENT
PROJECT NO ................. 80101
PARCEL NO ................... 109
TAX PARCEL NO....'..00427320004
o
n,'
Z
Z
O
o
THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE NORTH HALF
OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 17,TOWNSHIP 150 SOUTH, RANGE 20 EAST,
COLLIER COUNTY, FLORIDA.
CONTAINING 13,200 SQUARE FEET OR .303 ACRES MORE OR LESS.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4} TWP. = TOWNSHIP
5) RGE. = RANGE
6) 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
DRAWN BY
PREPARED ........ DATE. ,...
r.~ GEORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
PUBLIC WORKS ENGINEERING DEPT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
NOT TO SCALE MAY 22, 2000 CBR109 SHEET 1 OF 1