Parcel 361RDUE PROJECT: 60145 - Golden Gate Boulevard
PARCEL: 361RDUE
FOLIO: 40628920001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this I1 day of 2U U.- , 2016, by and between
CARLOS R. MORALES whose mailing addres'' is 1450 Gateway Blvd, 6J, Far
Rockaway, NY 11691,and JORGE E. MORALES whose mailing address is 1175 Sarah
Jean Circle, PI03, Naples, FL 34110-8192, (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, clo the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires a perpetual, non-exclusive road right-of-way.
drainage, and utility easementover, 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 "Easement"): and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
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:
1. RECITALS All of the above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. PURCHASE PRICE Owner shall convey the Easement to County for the sum of:
$2,200.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9
of this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant or funds wire transfer, shall be full
compensation for the Easement conveyed, including (if applicable) all landscaping,
trees, shrubs, improvements, and fixtures located thereon, and shall be in full and
final settlement of any damages resulting to Owner's remaining lands, costs to
Page 2
cure, including but not limited to the cost to relocate the existing irrigation system
and other improvements (if any), and the cost to cut and cap irrigation lines (if any)
extending into the Easement, and to remove all sprinkler valves and related
electrical wiring (if any), and all other damages in connection with conveyance of
said Easement to County, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the
holders of any liens, exceptions and/or qualifications encumbering the Easement,
the execution of such instruments which will remove, release or subordinate such
encumbrances from the Easement upon their recording in the public records of
Collier County, Florida. Prior to Closing and as soon after the execution of this
Agreement as is possible, Owner shall provide County with a copy of any existing
title insurance policy and the following documents and instruments properly
executed, witnessed, and notarized where required, in a form acceptable to
County (hereinafter referred to as "Closing Documents"):
(a) Road Right- of-Way, Drainage, and Utility Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap"Affidavit;
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and/or title company.
4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement or within thirty (30) days of County's receipt of all
Closing Documents, whichever is the later. This agreement shall remain in full
force and effect until Closing shall occur, until and unless it is terminated for other
cause. At Closing, payment shall be made to Owner in that amount shown on the
Closing Statement as"Net Cash to the Seller."
5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner
agrees to relocate any existing irrigation system located on the Easement including
irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the
construction of the project without any further notification from County. Owner
CMCAO
Page 3
assumes full responsibility for the relocation of the irrigation system (if any) on the
remainder property and its performance after relocation. Owner holds County
harmless for any and all possible damage to the irrigation system in the event
owner fails to relocate the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements")
located on the Easement (if any), Owner is responsible for their retrieval prior to
the construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of all
improvements located within the Easement area, and yet County is willing to
permit Owner to salvage said improvements as long as their retrieval is performed
before construction and without interruption or inconvenience to the County's
contractor. All improvements not removed from the Easement prior to
commencement of construction of the project shall be deemed abandoned by
Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things
which may be required to give effect to this Agreement immediately as such
requirement is made known to them or they are requested to do so, whichever is
the earlier.
7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and
warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and
to perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part
of Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire
the Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the
property underlying the Easement or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Easement, without first obtaining the written consent of County to such
Page 4
conveyance, encumbrance, or agreement, which consent may be withheld
by County for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
Easement to change from its existing state on the effective date of this
Agreement up to and including the date of Closing. Therefore, Owner
agrees not to enter into any contracts or agreements pertaining to or
affecting the property underlying the Easement and not to do any act or
omit to perform any act which would adversely affect the physical
condition of the property underlying the Easement or its intended use by
County.
(h) The property underlying the Easement, and all uses of the said 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 underlying the
Easement except as specifically disclosed to the County; that the Owner
has no knowledge of any spill or environmental law violation on the
property contiguous to or in the vicinity of the Easement to be sold to the
County, that the Owner has not received notice and otherwise has no
knowledge of: a) any spill on the property underlying the Easement; b)
any existing or threatened environmental lien against the property
underlying the Easement; or c) any lawsuit, proceeding or investigation
regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the property underlying the Easement. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the
County against and from, and 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
Page 5
of any of Owner's representations under paragraph 7(h). This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all
fees to record any curative instruments required to clear title, and all Easement
instrument recording fees. In addition, County may elect to pay reasonable
processing fees required by lien-holders and/or easement-holders in connection
with the execution and delivery of a Release or Subordination of any mortgage,
lien or other encumbrance recorded against the property underlying the Easement;
provided, however, that any apportionment and distribution of the full
compensation amount in Paragraph 2 which may be required by any mortgagee,
lien-holder or other encumbrance-holder for the protection of its security interest, or
as consideration due to any diminution in the value of its property right, shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from
the compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes "reasonable processing fees." In accordance with
the provisions of Section 201.01, Florida Statutes, concerning payment of
documentary stamp taxes by County, Owner shall further pay all documentary
stamp taxes required on the instrument(s) of transfer, unless the Easement is
acquired under threat of condemnation.
10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds
of sale all prior year ad valorem taxes and assessments levied against the parent
tract property which remain unpaid as of the date of Closing.
11. EFFECTIVE DATE - 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.
12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement
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, subject to the
penalties prescribed for perjury, of the name and address of every person having a
beneficial interest in the property underlying the Easement before the Easement
held in such capacity is conveyed to County. (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.)
13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the
property underlying the Easement, by Owner is contingent upon no other
provisions, conditions, or premises other than those so stated herein; and this
written Agreement, including all exhibits attached hereto, shall constitute the entire
Page 6
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. No modification, amendment or cancellation of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Owner and County.
14, BREACH AND TERMINATION - If either party fails to perform any of the
covenants, promises or obligations contained in this Agreement, such party will
have breached this Agreement and the other party may provide written notice of
said breach to the party in breach, whereupon the party in breach shall have 15
days from the date of said notice to remedy said breach. If the party in breach
shall have failed to remedy said breach, the other party may, at its option,
terminate this Agreement by giving written notice of termination to the party in
breach and shall have the right to seek and enforce all rights and remedies
available at law or in equity, including the right to seek specific performance of this
Agreement.
15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then
such invalid part shall be severed from the Agreement, and the remaining
provisions of this Agreement shall remain in full force and effect and not be
affected by such invalidity.
16. VENUE - 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 the
date first above written.
AS TO COUNTY:
DATED: .• r , *4 (2,0)(4,
ATTEST: , BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROK CIrk COLLIER COUNTY, FLORIDA
lee."-
VC>A :4.044 BY:Donna Fiala,cTIWP IFiala, Chairperson
Attest as to Chairman's
signature only.
Page 7
AS TO OWNER:
DATED:s9k/it
WITNESSES:
Witness (Signature) Carlos R. Morales
AA tame lie, Dgi9c /-i
(Print Name)
Witness (Signature)
e 1°11,5C, Ca dere
(Print Name)
.)4&
STATE OF Al/
COUNTY OF ..--
The foregoing Roaj,Right-of- ainage and Utility Easement was acknowledged
before me this S day of e,,c7" 2016, by Carlos R. Morales, who:
is personally known to me; OR iroduced S as
proof of identity.
dp „0„
(affix notarial seal)
(Sian. ury of Notary "u c
p/
(Print ame of Notary Public)
Ser6I / Commission # (if any):
My Commission Expires: eC7(3Z7. er<f
WILMA R. BENJAMIN
NOTARY PUBLIC, State of New York
No.01BE4875004
Quaiitied in Queens County
Errnission Expires October 2 —4•P
AND
Page 8
IL•
Witness (Signature) J. •e E. orales
k .
(Print Na e)
W1- 1441 ,(-\ rivoitviAG„.
ess (signature)
4nmco- StivudourvteiK
(Print Name)
STATE OF floff6tA
COUNTY OF co t tier
The foregoing Road Right-of-Wax, Drainaye and Utility Easement was acknowledged
before me this (6 day of ..V.IALls't , 2016, by Jorge E. Morales, who:
X is personally known to me; on, produced as
proof of identity,
•
(affix notarial seal) te"--
(Si ature°if otary Public)
.-s•skieltV. JENNIFER L.STONEBURNER jeArtifer tt Slovudobv vlbic
:-AviMY COMMISSION#GG013290
f:
EXPIRES October 23 2020 (Print Name of Notary Public)
."Iff,o1,A, ,
Serial Commission # (if any 66. •IS
My Commission Expires: , 7 J0)4)
Approved as to form and legality:
141111\ \
Jennifer A. Belpe.••
Assistant County Attorney c 12..S \(.0
Last Revised:06/23/15
Co;A
EXHIBIT.
N
W E
MORALES & MORALES
OR 13'3/1705
TRACT 109 TRACT 126 TRACT 127
GOLDEN GATE ESTATES
UNIT 76
PLAT BOOK 5 PAGE 13
I f
PROPOSED ROADWAY EASEMENT
PARCEL 361 RDUE
4,950 SQ. FT.
=J'
...._..__ _.. ..., �.. _ --_i_L�.
21 13'3 2TU1YF 1S7FU 71L+fir / / X a; 220340
PONT N rel GOLDEN GATE BOULEVARD (CR 876)
OR OFFICIAL. RECORDS (BOOK/PAGE)
,„:1,:j PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT. (RDUE;)
1-7-71 7 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL.
USF OF THE PUBLIC PER PLAT BOOK 5, PAGE. 1:3 -
LEGAL DESCRIPTION FOR PARCEL 361 ROUE
A PORTION OF TRACT 126, GOLDEN GATE ESTATES, UNIT 76 AS RECORDED IN PLAT BOOK 5, PAGE 13 OF THE
PUBLIC RECORDS OF COI_TIER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 SOUTH, RANCE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 15 FEET OF THE SOUTH 65 OF SAID TRACT 126.
CONTAINING 4,950 SQUARE FEET, MORE OR LESS. -
0 49 Bn 13Q 4r JjffL/��i`T'
SKETCH & DESCRIPTION ONLY 5... J am. mora a L�'iu t RTff c 5Wf
NOT A BOUNDARY SURVEY MALE.1''.440' PAPP
FOR: COE.&TER COUNTY GOVERNMENT BOARD OF CGUN€Y COMMISSIONERS a'nox+.10:PATRIC°PROFS oAN SUN SA OR D MAPPER
s a sui,a
GOLDEN GATE BOULEVARD
!l utiveou _
SKETCH 1k DESCRIPTION OF: PROPOSED ROADWAY EASEMENT dT UL 11.T)T.iIN a
PARCEL 361 RDUE 66105%1mv Pa:I4 Drive,SIM 20C
COLLIER COUNTY, FLORIDA R5 705 FM I2
Ft, tra91 s9�asrs cAx:tz4.l 597as7a
LBKo,:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DALE DRAWN BY FILE NAME SHEET
350217 60 0D 0007 6 49 28 1" =. 60 1 2008 S.R. ,N76 5'1361 1 OF 1