Wm. Miller/Patricia ClliffordInteroffice Memorandum
TO:
FROM:
Date:
.Sue Filson, Administrative Assistant
Board of County Commissioners
Lois Nichols, Real Property Specialist TT~ j
Reml Property Management Department ~
2t-Jan-98
Transportation Project 60061 (Livingston Rd.)
Easement Agreement/Parcel 157/857
According to Resolution 96-457, Agenda Item 8.B.3, October 8, 1996, the Board of County
Commissioners approved the purchase of land interests for the captioned roadway project.
The attached Easement Agreement has been executed by the property owner of the subject
parcel of land.
This document has been reviewed by County Attorney staff.
Please complete the document(s) as necessary and return them to my attention.
If you have any questions regarding this matter, please contact me at -8991. Thank you.
Attachment: Easement Agreement (Miller-Clifford)
PROJECT: 60061 (Livingston Rd.)
PARCEL: 157,857 (Miller-Clifford)
Folio: 38100680004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and be~een WILLIAM W, MILLER and PATRIClA A. CLIFFORD,
Husband and Wife, (hereinafter 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 Easements over, under, upon and across the lands
described in Exhibit "A", which is attached hereto and made a part of this Agreement,
(hereinafter referred Io as the "Property") for road right-of-way, sidewalk, utility, drainage, slope,
and maintenance purposes;
WHEREAS, the Owner desires to convey lhe Easements to ~he Purchaser for the stated
purposes, on ~he terms and conditions set fodh 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 o~her good and valuable consideration, the receipt and sufficiency of which are hereby
mutually acknow'~dged, it is agreed by and be~een ~he parties as follows:
1. Owner shall grant Purchaser Easements over, under, upon, and across the Property in
exchange for the sum of $13,950.00 (Thirteen Thousand Nine Hundred and Fifty Dollars) as full
payment for the Property interest(s) taken and for any damages resulting Io the remainder, if
less than the enlire property was taken, and for all olher damages in connection with said
Property.
2. Purchaser shall pay Owner for the Easements by County Warrant.
3. Both Owner and Purchaser agree that closing shall occur within sixty (60) days of the
execution of the Agreement by Purchaser. However, Owner agrees that closing may be
extended until such time as any and all liens, encumbrances, exceptions, or qualifications in
and to the Properly are properly executed and delivered to the Purchaser. At closing,
Purchaser shall deliver the County Warrant to Owner and Owner shall deliver easements to
Purchaser in forms 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 Properly, the execution of such
inslruments 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 above;
and the written agreement, including all exhibits attached hereto, shall constitute lhe 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" Io purchase represented by this
Agreement is subject to acceptance and approval by the Board of County Commissioners of
Collier County, Florida.
Easement Agreement
Page 2
7. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, Slate, 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 properly 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
Properly, 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 the conveyance of lille.
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 easements. All olher 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.
10. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the padies hereto have executed this Easement Agreement on
this ~,,¢.,,~ay of ~:/'~/ , 19~¢,¢¢-.
Dated Project/Acquisition Approved by
BCC: Ord. 96-457, 10/8/96 (8.B.3)
AS TO PURCHASER:
ATTEST: ;..
DWIGHT E. BROCK,'Clerk
Deputy Clerk
AS TO OWNER:
DATED:. /'-~ ,~ ,--~,~
VV~'nes's (SignatUre), / '/ .
Name:
.. (Print)
~ness (Si~/-
Name: ~/X/~
(Print)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
2755 70"' Street SW
Naples, FL 34105
Easement Agreement
Page 3
~?~[ness' (Sign,~ure
Name: /._.~
(_~..~/~..~ (Print
/Name: Z.,Y~',~A,;
(Prinl
Patricia A. Clifford
2755 70"' Street SW
Naples, FL 34105
Approved as to form and
legal sufficiency:
H~idi F. Ashton' -
Assistant County Attorney
PROJECT NO.
PROJECT PARCEL NO.
FOLIO NO. _ ~R l n06~_000/,
SKE~TCH & LEGAL DESCRIP__T_LQ~
(NO T A SURVEY)
road right-ot"-way, sidewalk, uti lit:y, rlrainnge & mnJntenance easement
The West twenly (20) feet of the Nodh One Half (1/2) of Tract 10, Golden Gate Estates
Unit No. 29, according to the plat thereof, as recorded in Plat Book 7, Page 57, of the
public records of C,ollier County, Florida.
Exislin(j 30 too! d,'amage ~
Easemenl (by plal)
- SUBJECT (20') ,
T,~.CT 10. GOLDEII GATE ESTATES '
Ut~IT riO. 29
~'PUW
IT0TM St )
SKETCH NOT TO SCALE
EXHIBIT
PROJECT NO. ~'OO~ /
PROJECT PARCEL NO. 8:.5 7
FOLIO NO. qR!no68o0o/:
SKETCH & LEGAL DESCRIPTION
(NOT A SURVEY)
slope, drainage, ur. ilir. y & maintenance easement
The East forty (40) feet of the West sixty (60) feet of the North One Half (1/2) of Tract 10,
Golden Gate Estates Unit No. 29, according to the plat thereof, as recorded in Plat Book 7,
Page 57, of the public records of Collier County, Florida.
20' --~--
" SUBJECT (40'}
eas~men! (by
TRACT 10, GOLDEN GATE ESTATES
UNIT NO. 29
(70TM SI )
GL;~RGE R. RICHMOND P L.S. 2406
37101 E. TAMI^MI TRAIl.
NAPEESo FLOIUDA 34111
N
SKETCH blOT TO SCALE