Parcel 358RDUE PROJECT: 60145 Golden Gate Boulevard
PARCEL No(s): 358RDUE
FOLIO No(s): 40927640008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this `- day of Octi, , 20 , by and between
SERETTA LEIGH COTTAGE, fka Seretta Leigh Wright, and ROBERT COTTAGE, aka
ROBERT J. COTTAGE, wife and husband, whose mailing address is 2930 Golden Gate
Boulevard E, Naples, FL 34120, (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida
34112 (hereinafter referred to as "County").
WHEREAS, County requires a Road Right-of-Way, Drainage and Utility 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 "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:
$26,700.00
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, 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 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,
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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) 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 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
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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 - 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 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
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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 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 AND PROCESSING FEES - 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
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payable to the Owner per Paragraph 2. County shall have sole discretion as to what
constitutes "reasonable processing fees."
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. Furthermore, in accordance
with the exemptions provided for in Section 201.01, Florida Statutes, concerning
payment of documentary stamp taxes by County, Owner shall pay all documentary
stamp taxes required on the instrument(s) of transfer.
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
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 Owner fails to perform any of the covenants,
promises or obligations contained in this Agreement, Owner will have breached this
Agreement and County may provide notice of said breach to Owner, whereupon
Owner shall have 15 days from the date of said notice to remedy said breach. If
Owner shall have failed to remedy said breach, County may, at its option, terminate
this Agreement by giving written notice of termination to Owner and County shall
have the right to seek and enforce all rights and remedies available at law or in equity
to a contract vendee, 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
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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: (o/1/A,
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIECOUNTY, LORIDA
1La Ct BY: /07.14149
ako,Chaffy Clerk DONNA FIALA, Chairman
signature only.
AS TO OWNER:
DATED: joilIN
i O1,4
Witness/(Signature) ,"OBERT !COTTAGE
4Ff'4 tWM/
Name (Print or Type)4f.,Y
U14/-4-16
Wil'ness (Signature) SERETTA LEIGH COTTAGE
MICHELLE L. SWeET
Name (Print or Type)
Approved as to form and legality:
Jennifer A. Belpedi Of) 1, (61Assistant County Attorney < &► 19
Last Revised: 10/22/2015
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3GOLDEN GATE BOULEVARD (CR 876)
EXHI 'T 2( 0 213+001 I 214+001 / 2151 00 I 2161+00 I 2171 00
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i PROPOSED ROADWAY EASEMENT
PARCEL 358 RDUE
0 2.850 S0. FT.
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WEST 75' OF
EAST 150' OF
TRACT 72
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iTRACT 57 TRAC" 72 TRACT 73
GOLDEN GATE ESTATES
i UNIT 81
PLAT BOOK 5 PAGE 19
_ RAULERSON EDVABSKY ET UX
OR 4139/1464 OR 364/419
W IGHT & COTTAGE
OR 4366/1600
I
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W —..I.-- E
In
3 S
OR OFFICIAL RECORDS (BOOK/PAGE)
SQ. FT. SQUARE FEET
N X PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
1// EXISTING ADWAY PUBLICAPERENT PLATDBOOKED TO 5,, PAGE 19 PERPETUAL
/ USEOF THE
LEGAL DESCRIPTION FOR PARCEL 358 RDUE
A PORTION OF TRACT 72, GOLDEN GATE ESTATES, UNIT 81 AS RECORDED IN PLAT BOOK 5, PAGE 19 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28 EAST. COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 38 FEET OF THE NORTH 88 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET OF SAID TRACT 72.
CONTAINING 2,850 SQUARE FEET, MORE OR LESS.
TECM - ROW
FEB 012010
/ /
0 40 80 160 BY: V
SKETCH & DESCRIPTION ONLYc l A.WARD,PROF SSI SURVEYOR&MAPPER
I SIGNING
FLORIDA GATE.REGISTRAR? ER.D ?NO.5301
NOT A BOUNDARY SURVEY SCALE: 1"=80' SIGNING DATE: NNyy//ffffff//((//
NOT VAUD WITHOUT THE ORIGINAL SITURF&RASED EMBOSSED SEAL OF ,
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSIONAL URVEYOR AND MAPPER. ,
GOLDEN GATE BOULEVARD MI TAp1PlanningVionliamian
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT r tsj�L 1 S,Norm
PARCEL 358 RDUE 6610 Willow Park Ory.,Suite 200
Naples,floAda 34109
COLLIER COUNTY, FLORIDA Phone:(239)597-0575 FAX'.(239)597-0578
LB No.:6952
—
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.01 0001 REV 01 6 49 28 1" = 80' DEC. 2009 D.W.J. SK 358 1 OF 1