Parcel 365RDUE/TDRE PROJECT: 60145— Golden Gate Blvd East
PARCEL: 365RDUE/TDRE
FOLIO: 40628960003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this 8 day of ivy. , 2016, by and between FELIX E.
IGLESIAS and PETRA Y. DIAZ, husband and wife, whose mailing address is 3011 Golden
Gate Blvd, Naples, Florida 34120-3719 (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, c/o 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 Easement and 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 "Easements"); and
WHEREAS, Owner desires to convey the Easements 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
Easements.
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 Easements to County for the sum of:
$11,000
subject to the apportionment and distribution of proceeds pursuant to Paragraph 8 of
this Agreement (said transaction hereinafter referred to as the "Closing"). County also
agrees to pay the sum of$2,112 to Roetzel & Andress for legal fees and all other costs.
Said aggregate payment of $13,112 (representing Owner's proceeds, attorney fees
and all other costs) shall be paid at closing by County Warrant or funds wire transfer to
Roetzel & Andress, c/o Attorney Kenneth A. Jones, 2320 First Street, Suite 1000, Fort
Myers, Florida 33901-2904, and shall be full compensation for the Easements
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 Easements, and to remove all
Page 2
sprinkler valves and related electrical wiring (if any), and all other damages in
connection with conveyance of said Easements 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 assist County in securing
from the holders of any liens, exceptions and/or qualifications encumbering the
Easements, the execution of such instruments which will remove, release or subordinate
such encumbrances from the Easements 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 provided by the County (hereinafter
referred to as "Closing Documents"):
(a) Road Right-of-Way, Drainage and Utility Easement;
(b) Temporary Driveway Restoration Easement;
(c) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the Easement;
(d) Closing Statement;
(e) Grantor's Non-Foreign, Taxpayer Identification and "Gap"Affidavit;
(f) W-9 Form; and
(g) 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 Easements 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.
C
Page 3
If Owner elects to retain improvements and/or landscaping ("Improvements") located on
the Easements (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
Easements areas, 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 Easements 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 Easements, 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 Easements 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
Easements 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 Easements or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easements, 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 Easements.
(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 Easements or which adversely affect Owner's ability to perform hereunder;
nor is there any other charge or expense upon or related to the Easements
C
Page 4
which have 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 Easements 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 Easements
and not to do any act or omit to perform any act which would adversely affect
the physical condition of the property underlying the Easements or its intended
use by County.
(h) The property underlying the Easements, 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 Easements 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 Easements 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 Easements; b) any existing or threatened environmental lien
against the property underlying the Easements; or c) any lawsuit, proceeding
or investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the property underlying the Easements. This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
8. 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 shall 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 Easements; 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.
9. 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.
10. 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.
Page 5
11. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easements 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 Easements before the Easements held
in such capacity are 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.)
12. ENTIRE AGREEMENT - Conveyance of the Easements, or any interest in the property
underlying the Easements, 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.
13. 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.
14. 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.
15. 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.;..1677,1VIZA(ac.
ATTEST.: r BOARD OF COUNTY COMMISSIONERS
DWIGHT E: OC(, Clerk COLLftZ COUNTY FLORIDA
0.0 BY: b.°
"Atiest as-to Ch* 1, ,puty Clerk Dbnna Fiala, Chairman
signature only.
Page 6
AS TO OWNER:
DATED: 8 i b
if
1�► ✓i
Witness ; •'ature) Fel E. lglesi.!
N- a (Print orT •-)
citness (Signa '-re)
Name (Print or Type)
A It /
tt ess natur-► Petra Y. Diaz I
Y tin)6L-y �cOc u 6
N.me (Print or Type)
,.1
4itness (Signature)
\oSaiv u E('r'i 'i"G2
Name (Print or Type)
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
Last Revised::06/23/15
EXHIBIT.
Page of_
WEST 165' OF
TRACT 127
PIERRE & JOSEPH
IGLESIAS & DIAZ
OR 3633/3292 OR 3634/541
TRACT 126 TRACT 127 TRACT 128
GOLDEN GATE ESTATES
UNIT 76
PLAT BOOK 5 PAGE 13
PROPOSED ROADWAY EASEMENT
PARCEL 365 ROUE
i
2.4Th SO T-T
I
•
22**03 222+0J
GOLDEN GATE BOULEVARD (CR 878)
OR OFFICIAL RECORDS (BOOK/PAGE)
L PROPOSED PROPOSED ROADWAY, DRAJNAGE AND UTILITY EASEMENT (ROUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
L USF OF THE PUBLIC PER PLAT BOOK 5, PAGE 13
LEGAL DESCRIPTION FOR PARCEL 365 ROUE
A PORTION OF TRACT 127, GOLDEN GATE ESTATES, UNIT 76 AS RECORDED IN PLAT BOOK 5, PAGE 13 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 NORTH 15 FEET OF THE SOUTH 65 FEET OF THE WEST 165 FEET OF SAID TRACT 127.
CONTAINING 2.475 SQUARE FEET. MORE OR LESS.
'11:101/
0 0u
SKETCH & DESCRIPTION ONLY -.1.1151111111=1,- rCE1,14At r-.R 1.644..*
I/7V NO 55n I
NOT A BOUNDARY SURVEY SCAM r
IOW COLLIER COUNTY GOVERNMENT HUARD U COUNTY COMMISSIONERS C,ar"tr," S, AND 41A3,1,04
GOLDEN GATE BOULEVARD PAIMinc
Fiscus
IfiraWalaw
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT Zsisterircl. cmillieerg
PARCEL 365 RDUE db10 VAllry.Park Claw Bur 200
Naga.Rada 34100
COLLIER COUNTY, FLORIDA Pkaw MS)taT-0573 PATL MN-We
LB No 6162
JOB NUMBER RI VISION SECTION TOWNSHIP RANCE SCALE DA1T DRAWN 117 ELF NAME SHEET
CAO
)50217 00.00 0007 49 2/3 1" - 50• FEB. 2008 S R UN76 SK365 1 or I
EXHIBIT
Page of
1
WEST 165' OF
TRACT 127
ICLESIAS & DIAZ PIERRE & JOSEPH
OR 3633/3292 OR 3634/541
TRACT 126 TRACT 127 TRACT 128
GOLDEN GATE ESTATES
UNIT 76
PLAT BOOK 5 PAGE 13
WEST led.Of
TRACT 127
PROPOSED TEMPORARY DRIVEWAY
RESTORATION EASEMENT
PARCEL 365 TORE
300 S0. f
NORTH LINE 04
SOUTH 65'Of
TRACT 127
Hi C.NAIV.1*+r .,,.fn :,.•In. 271+00 ,,
223.00
suras is GOLDEN GATE BOULEVARD (CR 876)
UNE TABLE
UN( BLARING ° LENGTH
L1 NO0'28'27'W f 65.00'
L2 N89'31 08 E 98.57
I OF FTC L&L RECORDS (BOOK/PAGE) iL3 N00 28 521V 15.00
PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT (TORE) L4 N89'31'087 20.00
LS SOO-28'52'1 15_00'
PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT (RDUE) :.ti SA9'31'08'W 20.00'
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OE THE PUBLIC PER PLAT BOOK 5, PAGE 13
LEGAL DESCRIPTION FOR PARCEL 365 TORE
A PORTION OF 1RACI 127. GOLDEN GATE ESTATES. UNIT 76 AS RECORDED IN PLAT BOOK 5. PAGE 13 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 6, TOWNSHIP 49 SOUTH. RANGE 28 EAST.
COI_LIFR COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OE SAID TRACT 127;
THENCE N.DO'28'271W. ALONG SAID WEST LINE. FOR 65.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 65
FEET OF SAID TRACT 127;
THENCE N.89'31'08"E. ALONG SAID NORTH LINE. FOR 98.57 FEET TO THE POINT OF BEGINNING 0E THE HEREIN
DESCRIBED PARCEL;
THENCE N.00'28'52"W., FOR 15.00 FEET;
THENCE N.89'31'08"E., FOR 20.00 FEET;
THENCE S.00`28'52"E.. F'OR 15.00 FEET TO A POINT ON SAID NORTH LINE;
THENCE S.89'31'08"W ALONG SAID NORTH LINE„ FOR 20.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL. F
CONTAINING 300 SOUARE FEET. MORE OR LESS. t i ' )I
0 e0 eo Iso
SKETCH & DESCRIPTION ONLY _ {: T w +
NOT A BOUNDARY SURVEY SCALE.1'=80' i L '
FOR: COLLIER COUNTY COVERNMENI .'S COUNTY COMMISSIONIRS ilia„+ {v,: t`w A�.s+Y1+K w w. -r• >• cw
GOLDEN GATE BOULEVARD % TjAj
SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY DRIVEWAY j`Srif i u4Mq
PARCEL 365 TDRE RESTORATION EASEMENT eelnreFrean.sere2a
N1PIro,FkrNI 34100
COWER COUNTY, FLORIDA Pf 'e I 587-0515 FAM 010)6074175
LPN,-0052
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE LATE DRAWN BY FILE NAME SHEET
35071700.00 0007 REV111 6 49 28 1" = 80' FLB, 2008_ P,T.N. UN76 5K3651DRE 1 OF 1