Parcel 704-Woodmere OwnersTO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb
Sr. Property Acquisition Specialist
Real Property Management Department
December 10, 2001
County Barn Road - Parcel #704- Woodmere Owners
Please find attached one (1) ori_clinal recorded Temporary Construction Easement and
one (1) original Temporary Construction 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
Inventory File w/attachments
Contractor's File w/attachments
Office of the Real Property Management Department
PROJECT: County Barn Road
PARCEL: 704
FOLIO #: 29755000006
TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
THIS TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered by and between
WOODMERE OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation,
whose mailing address is 3501 County Barn Road, Naples, FL 34112, 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, the Purchaser requires a Temporary Driveway Restoration 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 "Property") for
construction of the County Barn Road widening improvements; and
WHEREAS, the Owner desires to convey the Temporary Driveway Restoration
Easement 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 Temporary Driveway Restoration Easement 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 Purchaser a Temporary Driveway Restoration Easement over,
upon, and across the Property described in Exhibit "A" attached hereto in exchange for
the sum of $400.00.
2. Purchaser shall pay Owner for the Temporary Driveway Restoration Easement by
County Warrant.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within sixty (60) days of the execution of
the Agreement by Purchaser. At closing, Owner shall deliver a Temporary Driveway
Restoration Easement to Purchaser in a form acceptable to Purchaser and Purchaser
shall deliver the County Warrant to Owner.
4. Conveyance of the Temporary Driveway Restoration Easement, 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.
5. Owner is aware of 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 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.
7. 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 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 Temporary Driveway
Restoration Easement. All other costs associated with this transaction including but
not limited to transfer, documentary and intangible taxes, and recording costs, if any, for
any curative instruments shall be borne and paid by Owner.
9. Owner agrees to grant the Temporary Driveway Restoration Easement for the
purpose of constructing public facilities in this area. This Temporary Driveway
Restoration Easement shall commence on January 1, 2003, and expire on December
31, 2004, UNLESS actual construction and installation of public improvements has not
yet commenced, in which case the easement shall automatically extend from January
1, 2005 through December 31, 2006. Owner shall be provided with a copy of the
recorded Notice of Time Extension.
10. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
11. 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 trustee, and assignees whenever the context
so requires or admits.
IN WITNESS WHEREOF, the parties hereto have executed this Temporary
Driveway Restoration Easement Agreement on this ~.~'- day of jlj~e..~"~ ,
2001.
Dated Project/Acquisition Approved by
AS TO PURCHASER:
DATED: I[- ~ ~ OI
--~-% ~--° ~ 0'"~ .'.%. :' '
%: ';~,J,J~),~?~;,'"' , Se~uty Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAME~I~. CAR~irman
AS TO OWNER:
DATED: ,.~gPT- ,2.~' 2-~:~/
(Signature) ~'
me)
(Signature)
(Print Name)
WOODMERE OWNERS ASSOCIATION,
INC., a Florida not-for- profit corporation
p res id ent/Vice"15 rCsid e ntt:----~
Approved as to form and
le~/~sufficiency:
'~'Eilen T. Chadwell
Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
LEGAl. DESCRIPTION (NOT A SURVEY)
PROJECT NO..60101
PARCEL NO ....... 704
FOLIO NO...83140000000
TEMPORARY CONSTRUCTION EASEMENT
I~EGAL DESCRIPTION
WOODMERE RACQUET CLUB
The East 30 Feet of the West 80 feet of the North 60 feet of the South 135 feet of the
following described parcel;
The southwest quarter (8W ¼) of the northeast quarter (NE ¼) of the northwest quarter
(NW ¼) of section 17, Township 50 South, Range 26 East, Collier County, Florida less
the west 50 feet and the north 30 feet thereof reserved for road Right of Way purposes.
pa~/l$1deserip.066PARCEL 704
PREPARED BY ....~.".,.' .' .' .' .' .' .' .' .'~..,.:....,~...,Z.t ;. &....;... DATE ~,L. (/..o.o
~"'GEORGE R. RICHMOND ."" .... .7 ........
PROFESSIONAL LAND SURVEYOR.~FL. REG. # 2406
'PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT-COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 1
PROJECT:
PARCEL:
FOLIO #:
County Barn Road
704
29755000006
This property has besn acquired under
threat of cond~,~,.~,~,.,,,.~ and is exempt from
documentat¥ s'~.m p
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THIS EASEMENT made and entered into this 2..(~ day of ~-0~ ~_ ,
2001, by WOODMERE OWNERS ASSOCIATION, INi2., a Florida n~t-f(~r-~)rofit -
corporation, whose mailing address is 3501 County Barn Road, Naples, FL 34112,
(hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida
34112, its successors and assigns (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" are used for singular or
plural, as the context requires, and 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, receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
temporary driveway restoration easement to enter upon the following described lands
located in Collier County, Florida, to wit:
SEE ATTACHED EXHIBIT "A"
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
This Easement is granted for the express purpose of providing Grantee temporary
access to Grantor's lands as described above, and for the purpose of restoring the
connection between Grantor's existing driveway and the public improvements to be
constructed adjacent thereto. This Easement shall commence on January 1, 2003, and
expire on December 31, 2004, UNLESS actual construction and installation of public
improvements has not yet commenced, in which case the easement shall automatically
extend from January 1, 2005 through December 31, 2006. Grantee shall restore the
surface of the Easement Area to the condition existing prior to the commencement of
construction adjacent thereto.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed the day and year first above written.
WI N SSES .... , ~
'~-_ .~-~'Z.. 'zC~.'~Z'~¢~mc~¢~/x:;.,¢.-~'' WOODMERE OWNERS ASSOCIATION,
(~i~atur-e)-" ~ ,/ INC., a Florida not-for- profit corporation
(~rint_~me) , .__. ' /
(Signatu[? Presiden~ice P~sid~
(Print Name) ~HtS CO~EYANCE A~PROVED BY ~E
BOARD OF COUN~ COMMISStO~R8,
COLLIER COUNt, FLORIDA,
~RSU~T TO THE PR~ISIONS
OF R~OLUTION NO. ~0~0-/93
STATE OF ,~ ~,.~ ~ ,~,.4-
COUNTY OF ~///~";'~/-~
The foregoing Temporary Driveway Restoration Easement was acknowledged
before me this Z-~ day of ~,--77~ , 2001, by
President/Vice President, on behalf of Woodmere Owners Association, Inc, a Florida
not-for-profit corporation, who is personally kngw___n___to m~e or who has produced
as identification.
(Affix notarial seal)
(Signature of Notary)
(Print Name of Notary)
Commission # ~: ~: '') '7 ~;
My Commission Expires:
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
EX.
LEGAl. DESCRIPTION (NOT A SURVEY)
PROJECT NO..60101
PARCEL NO ....... 704
FOLIO NO...83140000000
LEGAL DESCRIPTION
WOODMERE RACQUET CLUB
The East 30 Feet of the West 80 feet of the North 60 feet of the South 135 feet of the
following described parcel;
The southwest quarter (SW ¼) of the northeast quarter (NE ¼) of the northwest quarter
(NW %) of section 17, Township 50 South, Range 26 East, Collier County, Florida less
the west 50 feet and the north 30 feet thereof reserved for road Right of Way purposes.
pa~/l$1deseflp.066PARCBL 704
~--'~GEORGE R. RICHMOND . ..... .. "
PROFESSIONAL LAND SURVEYOR, FL. REG'. #2406
'PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT'COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34'112 SHEET 1 OF 1