Parcel 131/RomeoTO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Rachel Collazo ~.~d_.,
Property Acquisition Specialist
Real Property Management Department
January 22, 2002
County Barn Road - Parcel #131-Romeo
Please find attached one (1) original recorded Easement, and one (1) ori,qinal
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 8922.
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 NO: 131/Romeo
FOLIO NO.: 00403400003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between ANTHONY D. ROMEO AND ELIZABETH I. ROMEO,
HUSBAND AND WIFE, (hereinafter referred to as "Owner"), whose mailing address is
7425 Pelican Bay Boulevard #206, Naples, FL 34108, 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 $11,200.00, 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 and attorney fees provided by Florida law.
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
has no knowledge of any spill or environmental law violation on any property
Easement Agreement
Page 2
o
10.
11.
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
~rancacticn inc?.-'dlng but not !imitcd to transfer, doc'--'mcntary and intangib!c
~ 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.
Easement Agreement
Page 3
IN WITNESS ~,~%~_..~ parties hereto have executed this Agreement on this
!3 day of ,200('.
Date Property acquisition approved by BCC: 6/27/00, Resolution 2000-192, Item 8 (B) 2
AS TO PURCHASER:
.,,DA,TFD: OCT - 9 20011
,.~:-t..-'ATTES~?-..
, BOARD OF COUN~I;~~/llSSlONERS
Q ,:':; BWf~H'T/E:~ BROCK, Clerk COLLI~ COU~Y,
.... '~','" , ~ '<. ~ ~ / /1~
'. ~ ::~?;0;OWNER: ~t~turt
DATED: ~-/$- o/
Witness (Signature)
(Pdnt or Type)
AS TO OWNER:
DATED: ¢- I.~-O (
(Print or Type)
Witness (Signature)
Name~4,.~,ot sir~4~s r~-
(Print or Type)
ElizabL~rtl~ I. Romeo
Approved as to form and
leg.al sufficiency:
//
Ellen T. Chadv~ell
Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
Page_J._. ~ _ ~ PROJECT NO ................ 60101
PROJECT PARCEL NO..131
TAX PARCEL NO ..... 00403400003
N.W. COR. OF THE N 1/2,
___ N 1/2, SE 1/4, NW 1/4, SEC. 8,
5 TWP. 50S. RGE 26E.
S 89"41'52"E
0'I 40'
I I
I :
I I
·
m , o. -"--PARCEL 131
Z ,
O I i "89°37'58"W
I { Perpetual, Non-Exclusive,
Road Right-of-Way, Drainage,
Utility and Maintenance
Eastment
DESCRIPTION:
FORTY (40') FOOT EASEMENT
THE EAST FORTY (40') FEET OF THE WEST 90 FEET OF THE NORTH HALF OF THE NORTH HALF
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH,
RANGE 26 EAST. COLLIER COUNTY, FLORIDA.
CONTAINING 13,507 SQUARE FEET OR .310 ACRES MORE OR LESS.
GENERAL NOTES~, ?
1) P.O.C. = POINT OF COMMENCEMENT
3) SEC. = SECTION ~ GEORGE R. RIC.MON~
4) TWP. = TOWNSHIP
5) RGE. = RANGE PROFESSIONAL LAND SURVEYOR-FL REG.# 2406
6) PJW = RIGHT OF WAY PUBLIC WORKS ENGINEERING DEPT.
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOTTO SCALE MAY 22, 2000 CaR 131 SHEET 1 OF
PROJECT: County Barn Road
PARCEL: 131/Romeo
FOLIO: 00403400003
P~epa~e~
Office of
3301 East
Naples~ Florid& 3411~
(941) 774-8400
2871860 OR: 2908 PG: 2714
~]CORI)~D i~ OI~ICIA~ I~COI~S of COU, I~i~ ¢O~N7t, ~,
10[15]2001 at 02:23P1~ D~IGH? ~. BROC[, C, RRK
CONS 11200.00
i~C Ii! 15.00
COPIES 3.00
Retn:
8991
I~?~ O~IC!
EASEMENT
EASEMENT, made and entered into this I"~ day of ~ .,
THIS
20ol , by ANTHONY D. ROMEO AND ELIZABETH I. ROMEO,' ~l~hut and and wife,
whose mailing address is 7425 Pelican Bay Boulevard, #206 Naples, Florida, 34108, 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, road right-of-way, drainage, utility and maintenance 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 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, 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 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~
W itme'S~' (Simna,ture)
(Print or Type)
Witness (Signature)
Name: ~ ,JT~Ag~ ,S/-~._S ~
(Print or ~:~p~)
This property has acquired under
threat of condemnation and is exempt from
Anthony D. Romeo
OR: 2908 PG: 2715
, Witn~'(!~gnatu re) _
(P(~i-nt or T~l~e~
Witness' (Sfgnatu-re)
Name:,,,(/[ J~f, STw-,9
(Print or Type)
~'h"a s' prqgluced as identification.
(affix notarial se~
~~t~/-5~gnature of Notary Public
~ / // _ ,//~. Print Name: A. J. Catalano
g(~)%TNETyO%F ~;/' ~~.. My CommissiOn ~.7
The f goin Ea, sTom~nJT~l?z~ke~Tl%dogmedeob%r~i~eetrhjSonall{k~ ,dwatY of or
' ~s ide~cation. ' ,O_o me
who
(affix notarial seal)
My Commission Expires:
Ellen T. Cnadwel!
OR: 2908 PG: 2716 ***
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
EXI~'~~ NOT A SURVEY
Page___| . ~'~_ ~ , PROJECT NO ................ 60101
PROJECT PARCEL NO..131
TAX PARCEL NO ..... 00403400003
N.W. COR. OF THE N 1/2,
N 1/2, SE 1/4, NW 1/4, SEC. 8,
5 TWP. 50S. RGE 26E.
S 89°41'52"E
o'14o'i
I I
'
I I
o ~1
zl ~j
m , o. ~PARCEL 131
Z ,
°1 I
I I Pe~ctual, Non-Exclusive,
Road ~ht-of-Way, DrainaEc,
Utility and ~aintcnancc
Eastment
DESCRIPTION:
FORTY (40') FOOT EASEMENT
THE EAST FOR~ (40') FEET OF THE WEST 90 FEET OF THE NORTH HALF OF THE NORTH HALF
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH,
~NGE 26 EAST. COLLIER COUNt, FLORIDA.
CONTAINING 13,507 SQUARE FEET OR .310 ACRES MORE OR LESS.
GENE~L NOTES
3) SEC. = SECTION .........
4) TWP. = TOWNSHIP ~ GEORGE R. RICHMOND
5) RGE. = RANGE PROFESSIONAL ~ND SURVEYOR-FL. REG. ~ 2408
6) ~ = RIGHT OF WAY PUBLIC WORKS ENGINEERING DEPT.
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF COLLIER COUNTY GOVERNMENT COMPLEX
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE 3301 EAST TAMIAMI T~IL
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
D~ aY CHECKED aY SO~E DATE FILE NO.
NOT TO SCALE MAY 22, 2000 CBR 131 SHEET 1 OF 1