Backup Documents 03/28/2017 Item #11E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 IE
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office 3 f-2 i I-7
2. BCC Office Board of County -71-b1/4--\��l���
Commissioners 3\Z%\kk
3. Minutes and Records* Clerk of Court's Office
Th -3128(11 3:33PM
*Please scan under Golden Gate Blvd. Proj. No. 60145 in the BMR Real Property Folder. Thank you.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Robert Bosch,Asst.M ,.,ROW Phone Number 252-5843
Contact/ Department Acquisitions,Transp. ation Engineering
Agenda Date Item was March 28th,2017 Agenda Item Number 11.E
Approved by the BCC
Type of Document Gift&Purchase Resolution Number of Original One
Attached (-2Q I a--(-,6 Documents Attached
PO number or account DO NOT RECORD
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? Srflmp OK -dies 1.1/4\
2. Does the document need to be sent to another agency for additional signatures? If yes, Dle f
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. /
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's 01'1Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the a 0
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. i\i/ii
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 03/28/2017(enter date)and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the ('
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 1E
MEMORANDUM
Date: March 29, 2017
To: Robert Bosch, ROW Coordinator
TECM Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Resolution 2017-66: Authorizing the Acquisition by Gift or Purchase
of Easements for the Expansion of Golden Gate Blvd from East of
Everglades Blvd to East of Faka Union Canal
Attached for your records, one original of the document referenced above is attached,
(Agenda Item #11E) adopted by the Board of County Commissioners on Tuesday,
March 28, 2017.
If you should have any questions, please call me at 252-8411.
Thank you.
1 1E
RESOLUTION NO. 2017- 66
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
THOSE PERPETUAL EASEMENT INTERESTS NECESSARY FOR THE
CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST
OF EVERGLADES BOULEVARD TO EAST OF THE FAKA UNION CANAL.
(PROJECT NO. 60145.)
WHEREAS,the expansion of Golden Gate Boulevard from east of Everglades Boulevard
to east of the Faka Union Canal (hereinafter referred to as"the Project"), as part of the Golden
Gate Boulevard Project(Project No. 60145), is included in Collier County's Five Year
Transportation Work Program; and
WHEREAS,plans and specifications have been prepared for construction of the Project;
and
WHEREAS, construction of the Project will require the acquisition of perpetual easement
interests; and
WHEREAS, the acquisition of the easements and the construction of the Project within
the boundaries depicted in Exhibit "A", attached hereto and incorporated herein, is necessary in
order to protect the health, safety and welfare of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
1. The Board has determined that the expansion of Golden Gate Boulevard from east of
Everglades Boulevard to east of the Faka Union Canal as part of the Golden Gate Boulevard
Project (Project No. 60145), is necessary and in the public's best interest in order to protect the
health, safety and welfare of the citizens of Collier County.
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2. The acquisition of the various easement interests required for the construction of the
Project is an integral part of the County's long range planning effort, and is included in the
Capital Improvement Element of the Collier County Growth Management Plan, as approved by
the Florida Department of Economic Opportunity.
3. It is necessary and in the best interest of Collier County for the Board to authorize the
acquisition of road right-of-way, drainage and utility easements and a right-of-way and boat
ramp easement to enable construction of the Project within the project boundaries identified in
Exhibit "A" (attached hereto and by reference made a part hereof), and the County Manager or
his designee is hereby authorized and directed to acquire said easements by either gift or
purchase.
4. The Board hereby directs the County Manager or his designee to make purchase offers to
property owners for the easements required to construct the Project, which offers shall be based
upon estimates of the market value of the subject real estate which have been developed by
licensed state-certified general real estate appraisers.
5. In view of the differences of opinions between real estate appraisers regarding market
value and full compensation to property owners, and in view of the cost of condemnation, the
Board hereby authorizes the County Manager or his designee to approve purchases of easements
where the property owner has agreed to sell to the County at, or up to twenty five percent (25%)
above the County's full compensation estimate, with the maximum approval authority not to
exceed $50,000 over the County's appraiser's full compensation estimate, and the Board hereby
authorizes the approval and execution of Closing Statements related to said transactions by the
County Manager or his designee. Any and all purchases in excess of one hundred and twenty-
five percent (125%) of the appraiser's full compensation estimate, or in excess of$50,000 above
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L.
the appraiser's full compensation estimate, whichever amount is the lesser of the two, shall
require separate Board approval.
6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of
the Project, upon the approval of the Office of the County Attorney as to form and legality, to
execute easement agreements and subordinations of utility interests incorporating agreements for
reimbursement for additional facilities relocation, in substantially the same form as that Sample
Real Property Conveyance Agreement and that Sample Subordination of Utility Interests and
Agreement for Reimbursement for Additional Facilities Relocation, attached hereto as Exhibits
"B" and"C" respectively and made a part hereof, and/or other documents approved by the Office
of the County Attorney to close real estate transactions, where the property owner has agreed to
sell to the County at appraised value, or within the parameters stipulated in Paragraph 5 (above).
7. Said authority is delegated by the Board to the extent that such delegation does not
conflict with the provisions of Section 125.355, Florida Statutes.
8. The Board hereby authorizes the Finance Department to issue warrants, and/or to make
wire transfers, payable to the property owner(s) of record, to title companies and attorneys
closing real estate transactions, and to others who may possess an equitable interest in the subject
easement parcels in those amounts as shall be specified on a Closing Statement.
9. All title to easement parcels which has been acquired in the manner described above shall
be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier
County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby
authorized to record in the Public Records of Collier County, Florida, conveyance instruments
such as easements, as well as any other instruments that may be required to remove, release or
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subordinate the lien of any encumbrance on the subject real estate, in order to effect constructive
notice of the County's interest in real property.
This Resolution, adopted on this day of\-N4:31_,A ., , 2017, after motion,
second and majority vote.
ATTEST: BOARD 0 C• TY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COL • ' G UNTY, FLORI 11 •
Ou1- By:
_="t as to Chairman's P NNY TA , CHAI
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rignpu'e Only,
Approved as to form and legality:
Jennifer A. Bel►&.io
Assistant County Attorney 'Zj �A
Item#
Agenda 221. 114_a81 4
Date �!
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Recd
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EXHIBIT "B"
SAMPLE REAL PROPERTY CONVEYANCE AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this day of , 20 , by and between OWNER
NAME, whose mailing address is , (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 FEE SIMPLE INTEREST IN - or - AN EASEMENT
FOR A PARTICULAR PURPOSE) 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 "Property"); and
WHEREAS, Owner desires to convey the Property 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
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:
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 Property to County for the sum of:
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 Property 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 Property, and to remove all sprinkler valves and related
electrical wiring (if any), and all other damages in connection with conveyance of
said Property to County, including all attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
1v4 yyrS.Xy
Page 2
3. CLOSING DOCUMENTS AND CLEAR TITLE - 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. 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) (NAME / TITLE OF CONVEYANCE INSTRUMENT)
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Property;
(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 Property 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 Property, the 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
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Page 3
improvements located within the Improvements 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 Property 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 Property, 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 Property 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 Property 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 Property or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Property, 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 Property.
(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 Property or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Page 4
Property 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
Property 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 Property and not to do any act or omit
to perform any act which would adversely affect the physical condition of
the property underlying the Property or its intended use by County.
(h) The property underlying the Property, 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
Property 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 Property 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 Property; b) any
existing or threatened environmental lien against the property underlying
the Property; or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances
on the property underlying the Property. 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, PROCESSING FEES, TAXES - County shall pay all
fees to record any curative instruments required to clear title, and all Property
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 Property;
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
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Page 5
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 Property 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 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, subject to the
penalties prescribed for perjury, of the name and address of every person having a
beneficial interest in the property underlying the Property before the Property 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 Property, or any interest in the
property underlying the Property, 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 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.
Page 6
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:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk , Chairman
AS TO OWNER:
DATED :
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and legality:
Assistant County Attorney
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EXHIBIT "C"
SAMPLE SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT
FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT,entered into this day of ,20_,by and between COLLIER COUNTY,
a political subdivision of the State of Florida (hereinafter referred to as "County"), and [NAME OF UTILITY
PROVIDER] (hereinafter referred to as "Utility").
WITNESETH:
WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for
[SPECIFY PURPOSE]; and
WHEREAS, the proposed use of these lands for [SPECIFY PURPOSE] will require subordination of the
interest claimed in such lands by Utility to the County;and
WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the
public right-of-way to prevent conflict between the County's use and the Utility's use, and for the benefit of each,
and
WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any
future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on
Exhibit"A",attached hereto and made a part hereof.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility
and the County agree as follows:
UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A"
attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of
constructing, improving,maintaining and operating a road over,through,upon, and/or across such lands,based on
the following:
NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED
ENCUMBRANCE BOOK,PAGE
The County and the Utility further agree that:
1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which
includes the Utility's easements identified above and additional lands for public right-of-way, as described
in Exhibit"A",attached hereto and made a part hereof
2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and
relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance
with the County's current minimum standards for such facilities as of the date of this agreement. Any new
construction or relocation of facilities within the public right-of-way will be subject to prior approval by
the County.
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3. The County shall pay for the relocation of existing facilities. In addition,the Utility retains the right to be
reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located
presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or
adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including,
but not limited to,the cost of acquiring replacement easements.
4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined
in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or
interfere with such facilities. The County shall provide and insure access to said lands by the Utility.
5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss
or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to,
upgrade or remove its facilities on the said public right-of-way.
6. This Agreement shall not be assigned by the County except to the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Subordination of Utility Interests and
Agreement for Reimbursement for Additional Facility Relocations on the day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA
BY:
,Deputy Clerk ,CHAIRMAN
Signed,sealed and delivered [NAME OF UTILITY PROVIDER]
in the presence of:
By: By:
Title:
Print Name: Print Name:
By:
Print Name: (Corporate Seal)
STATE OF
COUNTY OF
I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements,
personally appeared ,to me known and personally known to me to be the person described
in, and did not take an oath and who executed the foregoing instrument as the of
and acknowledged before me that he executed the same as such official in the
name and on behalf of said Corporation.
2
b
Utility Subordination Agreement 4 7'
1 1E
WITNESS my hand and official seal in the County and State aforesaid this_day of ,20_.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission#(if any):
My Commission Expires:
Approved as to form and legality:
Assistant County Attorney
3
Utility Subordination Agreement b;
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 11 E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. County Attorney Office County Attorney Office
3. BCC Office Board of County
Commissioners
4. Minutes and Records Clerk of Court's Office
Y\41() ( \-1 5:(50
5. Executed COPY only returned to: Deborah Farris/GMD-ROW
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Deborah Farris Phone Number X5861
Contact/ Department
Agenda Date Item was March 28,2017—Resolution 2017-66 V Agenda Item Number 11E
Approved by the BCC (Gift or Purchase Resolution)
Type of Document Easement Agreement Number of Original One
Attached Documents Attached
PO number or account D/N record in the Clerk's"official records"
number if document is for r/e conveyances
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? X
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X
Needs Clerk's attestation
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. X
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. n/a
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 03/28/2017(enter date)and all changes w
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the A
BCC,all changes directed by the BCC have been made,and the document is ready for the- (�/'l/
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
11E
Martha S. Vergara
From: Martha S.Vergara
Sent: Wednesday, April 19, 2017 4:12 PM
To: FarrisDeborah (DeborahFarris@colliergov.net)
Subject: Parcel 466RDUE; Project#60145
Attachments: Debbie Farris.pdf
Hi Debbie,
Attached is a scanned copy of the Easement Agreement for your records.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax (239) 252-8408
E-mail: martha.vergara@collierclerk.com
1
1 1 E
PROJECT: Golden Gate Blvd #60145
PARCEL No(s): 466RDUE
FOLIO No(s): Portion of#40870320103
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this 17th day of April , 20 17 , by and between
RICHARD A. FAUST and CAROLYN A. FAUST, husband and wife, whose mailing
address is 6011 Westport Lane, Naples, Florida 34116 (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 perpetual non-exclusive 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:
$82,000.00
(EIGHTY-TWO THOUSAND DOLLARS)
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 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
1 1 E
Page 2
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 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.
CAO
1 1 E
Page 3
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 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
lIE
Page 4
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 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
C
11E
Page 5
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 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
1 1 E
Page 6
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: April 17 , 2017
ATTEST: BOARD 'iF ' • NTY COMMISSIONERS
DWIGHT E BROOK;.Clerk
COLLIE m•4441 • TY, FLORID
j4,4_ - i BY:
Uep t" - _rk PENNY T A OR, Chai en
Attest as to Chairman's-)
signature only.
AS TO OWNER:
DATED: 7 1(1
/14 it
Witness (Signature) RICHARD A. FAUST
t°,6rA fir,
Na e (Print or Type)
A „to ;
Wit ss ( gnature)
c foal",c rIreAk/'6/7O
Name (Print or Type)
C
1 1 E
Page 7
AS TO OWNER:
DATED: � /7 /7
/
Witness (Signature) CAROL N A. FAUST
4 ,??%
Na e (Print or Type)
or
itn-ss (SigrSature)
c ONj q- fib=ALMA/
Name (Print or Type)
Approved as to form and legality:
.• • \..-p -
Emily Pe. '
Assistant County Attorney
Last Revised:08/1/16
— .
3
POINT OF GOLDEN GATE BOULEVARD (CR 876)
•
0 282r+00 283+00 284+00 285+00 286+00 287+00
o j /
I I.
50'
.. ,.
♦��.o1A •��♦
A
PROPOSED ROADWAY EASEMENT
PARCEL 466 RDUE ..
y
9,735 SO. FT.
TRACT. 117 `
•
§ - GOLDEN GATE ESTATES
TRACT 100 UNIT 80
PLAT BOOK 5 PAGE 18 TRACT 118 •
8 WEST 165' OF .
TRACT 117
I.
co ^ 4 BARO ANDERSON
`� o OR 3625/3873 OR 4186/88
CD e
W m
A
\----"""4 :
o ,I. ••
s • , .
..........
SQ. FT. SQUARE FEET
ORR OFFICIAL RECORDS (BOOK/PAGE) .
<X}X PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) •
// EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18
• . LEGAL DESCRIPTION FOR PARCEL 466 RDUE .
A PORTION OF TRACT 1177 GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE' 28'EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 59 FEET OF THE NORTH 109 FEET OF THE WEST 165 FEET. OF SAID TRACT 117.
CONTAINING 9,735 SQUARE FEET, MORE OR LESS. d
TECM- ROW
FEB 0 1 2010
,4,.0.-------
0 '40 BO 160 BY:
SKETCH & DESCRIPTION ONLY I ICHAEL A,WARD,PROFESSIONAL SURVEYOR&MAPPER
FLORIDA REGISTRAR CERT ICA�TE NO.5301
NOT A BOUNDARY SURVEY SCALE:1"=6O' SIGNING DATE: /(J
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL GNATU E&RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SU EYOR AND MAPPER.
GOLDENGATE BOULEVARD TIT TA�O' .
SKETCH Sc DESCRIPTION OF: PROPOSED ROADWAY EASEMENT (CONSULTING [IQ Boginemog
AL L I Il A. Surveying&Mapping
PARCEL 466 RDUE 6610 Willow Park Drive,Suite 200
COLLIER COUNTY, FLORIDA
Naples, F X:1
Phone:(239)597-0557575 FAX:(233
9)597-0578
..LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE - DATE DRAWN BY FILE NAME-. SHEE ID
050217.00.01 0001 REV 01 5 49 28 1" = 80' DEC. 2009 D.W.J. SK 466 1 OF 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO u E
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through/12 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
3. County Attorney Office County Attorney Office
11
11
4. BCC Office Board of County
Commissioners Nr. 4)i c\ \—\
5. Minutes and Records Clerk of Court's Office
RC(N 051cjI r1 3:50prn
Executed COPY only returned to: Karen Dancsec/GMD-ROW
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Karen Dancsec Phone Number 239-252-580
Contact/ Department
Agenda Date Item was 03/28/2017 Agenda Item Number 11.E
Approved by the BCC
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? `���rc. 0 � ,rfir Cp.
2. Does the document need to be sent to another agency for additional signatures'?. If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
XD
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
XD
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
XV
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on--94340+6. and all changes made
during the meeting have been incorporated in the attached document. The County KD
Attorney's Office has reviewed the changes,if applicable. 31:22I1 7
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the k../ /
Chairman's signature.
Please scan under BMR Real Property—60145 Golden Gate Blvd—Parcel 417RDUE
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
lIE
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Wednesday, May 03, 2017 9:03 AM
To: 'KarenDancsec@colliergov.net'
Subject: Easement Agreement Project#60145 (Parcel 417RDUE)
Attachments: Parcel 417RDUE.pdf
Hi Karen,
A copy of the Easement Agreement for the above
referenced project (3-28-17 13CC Meeting — Itevvt #11E)
is attached for your records.
The agreement has beevt scanned in i•3MR's Real Property Folder
under Project #%0145/Parcel 417RDUE
Thank you and have a great day!
Avtvt Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept.
23g-252-8406 Fax .2-3 9-2-52-8408
1
1 1 E
PROJECT: 60145 - Golden Gate Blvd
PARCEL(s): 417RDUE
FOLIO(s): 40685040005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of 41:11 , 2017, by and between
MANUEL ALADRO, whose mailing address is 3411 Golden Gate Blvd 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 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:
$76,200.00
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 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.
Page 2 of 6
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 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
�cr�o
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Page 3 of 6
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 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 effective
date of this Agreement.
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Page 4 of 6
(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, 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
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Page 5 of 6
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 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.
Co
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Page 6 of 6
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: 5-5 30
ATTEST: BOARD 0 •UNTY COMMISSIONERS
^DWIGHT E. BROCK, Clerk COLLI:' e d NTY, FLORID
•
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'"� �;�d �-� BY: tgril ,...
4 De m Clerk PENNY T OR, CHA AN
hest as to Chairman
signature only,
AS TO OWNER:
DATED: 41/a-J—/7
Witness (Signature)� MANUEL ALADRO
/4,9 e-- X S`)
Name (Print or Type)
ftn
(Signature)
5",A./371.42
Name (Print or Type)
Approved as to form and legality:
Item# �-
A,7enda LZ„�,Q—I�
Assistant County Attorney Date —�—"=
Date C�
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Last Revised:06/23/15 ;lo�`�
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EXHI IT
Page of__,L___
' DIAZ
I WEST 105' OF' OR .3659/485
TRACT 6.3 I
ANEIROi 1 MOYERS
OR 4070/2642 OR 3924/1753 i
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TRACT 46 TRACT 63 TRACT 64
GOLDEN GATE ESTATES j
UNIT 77
PLAT BOOK 5 PAGE 15
{
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PROPOSED ROADWAY EASEMENT S
PARCEL 417 RDUE
2000 SO. FT. 1
} I 2451 00 { 2gi IBJ fl,/{ /�z47+o0 249+00 249.• • 250+oU
•
GOLDEN GATE BOULEVARD (CR 876)
I I I I I
OR OFFICIAL RECORDS (BOOK/PACE)
Ii411il PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT (RDUE)
I EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
�' .tl USE OF THE PUBUC PER PLAT BOOK 5, PAGE 15
LEGAL DESCRIPTION FOR PARCEL 417 RDUE
A PORTION OF TRACT 63, GOLDEN GATE ESTATES, UNIT 77 AS RECORDED IN PLAT BOOK 5, PAGE 15 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 20 FEET OF THE SOUTH 70 FEET OF THE WEST 105 FEET OF' SAID TRACT 63.
CONTAINING 2,100 SQUARE FEET, MORE OR LESS.
0 40 BO 100 0T:
SKETCH & DESCRIPTION ONLY i MI VAR.PROFESSIONAL SURVEYOR 4:MAPPER
.—._I ttomw REc1sTRAtaN E N 5.701
NOT A BOUNDARY SURVEY acus:i•-oo' S°" °t7f �A D�
Or
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AOfLORIDA REFASTEREEOUT D PROFESSIONAL Si E RRAISED MAPPER 5�1
GOLDEN GATE BOULEVARD T7'A TA l et®L�
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT i NS t:j i aril Easineociag
PARCEL 417 RDUE 6510 Mao ParkDrNI,Sena 700
COLLIER COUNTY, FLORIDA Phone:I2391 575 FaAX(209)597.0578
W Na:6952
JOB NUMBER REVISION SECTION TOWNSHIP' RANCE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00,00 0007 5 49 28 1" = 80' FEB. 2008 S.D.L. UN77 SH417 1 OF 1
{
1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO E
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUl
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. County Attorney Office County Attorney Office \-\
v s/s% ¶2V-\
3. BCC Office Board of County 1'Tt3y
Commissioners s/` sZt
4. Minutes and Records Clerk of Court's Office
t3 L i 1 1 stain
5. Executed COPY only returned to: Deborah Farris/GMD-ROW
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Deborah Farris Phone Number X5861
Contact/ Department
1)Agenda Date Item was March 28,2017—Resolution 2017-66 Agenda Item Number 11E
Approved by the BCC (Gift or Purchase Resolution)
Type of Document Easement Agreement Number of Original One
Attached Documents Attached
PO number or account D/N record in the Clerk's"official records"
number if document is for r/e conveyances
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? S11 (t
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X
Needs Clerk's attestation
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. X
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. n/a
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
-
8. The document was approved by the BCC on 03/28/2017(enter date)and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the �/ 1
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 lE
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Wednesday, May 03, 2017 2:59 PM
To: Farris, Deborah
Subject: Easement Agreement Project#60145 (Parcel 472RDUE)
Attachments: Parcel 472RDUE.pdf
Hi Debbie,
A copy of the Easement Agreement for the above
referenced project (Authorizatiovt 3-28-17 13CC Meeting — Itevvt #11E)
is attacked for your records.
The agreement was scanned iv. 13MR's Real Property Folder
wilder Project #60145/Parcel 472RDUE
Thavtk you and have a great day!
AMA Jevwtejohvt� Deputy ut Clerk
�
Clerk of the Circuit Court
Clerk to the Value Adjustwtevtt 13oard
Collier County 13oard Minutes & Records Dept.
239-252-8406 Fax 239-252-8408
1
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PROJECT: Golden Gate Blvd #60145
PARCEL No(s): 472RDUE
FOLIO No(s): Portion of#40870360008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this `'' day of t >.. , , 20 , by and between
MICHAEL RICHARD BORN and MELISSA JEAN BORN, husband and wife, whose
mailing address is 4040 Golden Gate Blvd 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, 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 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:
$18,200.00
(EIGHTEEN THOUSAND TWO HUNDRED DOLLARS)
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 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
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Page 2
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 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.
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Page 3
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 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
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Page 4
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 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
lIE
Page 5
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 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
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Page 6
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: April 1 1 , 2017
ATTEST: BOARD •F : NTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIE' ' O ITY, FLORID
Attest as to Chai
ty Clerk PENNY TA/1"/AV
, Chair
rmidiePu
signature only.
AS TO OWNER:
DATED: `- - \1 A
Wit ess (Signature) MICHAEL RICHARD BORN
Name (Print or Type)
Witness (Signature)
Name (Print or Type) item#
Agenda •
Date
Date
Reed
� puty e
liE
Page 7
AS TO OWNER:
DATED:' V \\C\
(N,c(,--- 44‘.. ‘61-\ c
Witness ( ignature) MELISSA JEAN BO
Name (Prinro Type)
Witness Signature)
a -q-ic k Ori° ig-iN
Name (Print or Type)
Approved as to form and legality:
Emily Pepin
Assistant County Attorney
Last Revised:08/1/16
t1E
sl _ GOLDEN'GATE BOULEVARD (CR 876) •
a• 85+00 286+00 287+00288+00 289+00 290+00 29
I I i I I 1 1 I . y I I •
• SOUTH LINE OF / / POINT OF
E NORTH 50' OF J `COMMENCEMENT •
i TRACT 118 L7 _
♦•♦♦♦ ♦�'BEGINNING)
9 0.4.
L J
s 1L3
# LS
f PROPOSED ROADWAY EASEMENT
€ PARCEL 472 RDUE
4,645 SO. FT.
WEST LINE OF �—EAST LINE
k EAST 105' OF ____.7• TRACT 118
5
TRACT1118
•
TRACT 117
TRACT 118
GOLDEN GATE ESTATES EAST 105' OF' TRACT 135
UNIT 80 TRACT 118
T PLAT BOOK 5 PAGE 18 • •
MOORE I BERGGREN & .
o OR 3229/2814 COGBILL
OR 3245/1427
VILLAMIZAR, • MINZEY, MINZEY,
VILLAMIZAR & MINZEY & MINZEY
VILLAMIZAR OR 3827/3306
OR 4368/1301• ••
8 N
.." --1-1 o\
W =.�
•
M- ,r •
.
•
•
W 3 s . • .
•
LINE TABLE
LINE BEARING' •
LENGTH '
I L1 SOO'29'16"E 50:00'
SQ. FT. SQUARE FEET L2 S00'29'16"E 44.00'
W a. OR OFFICIAL RECORDS (BOOK/PAGE) L3 S89'30'S3"W 100.00' .•
L4 500'29'16"E 5.00' •
I _ 4 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) L5 :S89'30'53"W 5.00'
rr EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL L6 N00'29'1'6"W 49'00' •
I/f// USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18 L7 N89'30'5.3"E ' 105.00' •
•
LEGAL DESCRIPTION FOR PARCEL 472 RDUE
•
A PORTION OF TRACT 118, GOLDEN GATE ESTATES, UNIT SO AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE •
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 118; •
THENCE S.00'29'16"E., ALONG THE EAST UNE OF SAID TRACT 118, FOR 50.00 FEET TO A POINT ON THE SOUTH. LINE •
OF THE NORTH 50 FEET OF SAID TRACT 118 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL ,
THENCE CONTINUE S.00.29'1 6"E., ALONG SAID EAST LINE, FOR 44.00 FEET; •
THENCE S.89'30'53"W., FOR 100.00 FEET;
•
THENCE S.00'29'16"E., FOR 5.00 FEET; . .
•
THENCE S.89'30'53"W., FOR 5.00 FEET TO A POINT ON THE WEST LINE OF THE EAST 105 FEET QF SAID TRACT 118;
THENCE N.00'29'16"W'., ALONG SAID WEST LINE, FOR 49.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 50 ;i
FEET OF SAID TRACT 118;'
THENCE N.89'30'53"E., ALONG SAID SOUTH LINE, FOR 105.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL. . •
•
CONTAINING 4,645 SQUARE FEET, MORE OR LESS. TECM -ROW '
FEB 0 1 2010
0 40 60 160
SKETCH & DESCRIPTION ONLY r , MICHAEL A.WARD,PROFESSIO SURVEYOR&MAPPER
FLORIDA REGISTRATIO No.s301
NOT A BOUNDARY SURVEY SCALE:1'—so' SNRANG GATE:'`
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SI ATUR RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR ALSO MAPPER. • •
GOLDEN GATE BOULEVARD • • DX T n'0.Itzlii. ,
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CONSL LLTXNO CivlEngixmag .
Z\I IA. 1 Setveyiog Jc Mep)sog:
PARCEL 472 RDUE 6610 VR9ow Park Drive,Su6a zoo
Naples,Florida 34109 '
COLLIER COUNTY. FLORIDA ' Phone:(239)597-0575 FAX:(239)597-0576.
•
LBMo �
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET )
050217.00.01 0001 REV 01 5 49 28 1" = 80' DEC. 2009 D.W.J. SK 472 1 OF 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1
1E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD) OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Che completed routing slip and original documents are to be tornarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2. County Attorney Office County Attorney Office 5 ft hi
3. BCC Office Board of County 71A--
Commissioners / S\gk1r
4. Minutes and Records Clerk of Court's Office Tic)1/4_ 3: lSivr)
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Sonja Stephenson Phone Number 252-5880
Contact/ Department
Agenda Date Item was March 28,2017 Agenda Item Number 11E
Approved by the BCC
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) ),pplicable)
1. Does the document require the chairman's original signature? Imp/Ir')
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X
Needs Clerk's attestation
3. Original document(s)has/have been signed/initialed for legal sufficiency. (All documents
to be signed by the Chairman,with the exception of most letters,must be reviewed and
signed by the Office of the County Attorney. X
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on March 28,2017(enter date)and all X N/A is not
changes made during the meeting have been incorporated in the attached document. an option for
The County Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for - option for
Chairman's signature. Ap,'.{
Please scan under Golden Gate Boulevard No. 60145 in the BMR Real Properly-Ecticler:"Thank you
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
lIE
MEMORANDUM
Date: May 10, 2017
To: Sonja Stephenson, Property Acquisition Specialist
Transportation Eng. & Const. Mgmt.
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement— Project #60145
Parcel: 428RDUE
Portion of Folio #40862720009
Attached is a copy of the agreement referenced above, (Agenda Item #11E) approved by
the Board of County Commissioners on Tuesday, May 9, 2017.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
1 1E
PROJECT: Golden Gate Blvd - 60145
PARCEL No(s): 428RDUE
FOLIO No(s): Portion of 40862720009
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this .:r / day of /4}tel i/ , 2017, by and between
MARILEIDY DIAZ, a single woman and CARLOS PEREZ, a single man, as joint tenants
with the right of survivorship, and not as tenants in common, whose mailing address is
3480 Golden Gate Blvd. E, Naples, Florida 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, 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 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:
$38,600
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 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
Page 2
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 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
liE
Page 3
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 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
C
1 ..1. E 1
Page 4
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 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
i 1°`
;A. L..
Page 5
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 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
lIE
Page 6
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: 0/Oil"3-
ATTEST: BOARD OF 4UNTY COMMISSIONERS
DWIGHT E. BR K,,Clerk COLLIE; 0 TY, FLORID
r
BY: /�LA,11.r/ ..�.� _ .A
A st as to Cis ►r Clerk PENNY T Ai `, Cham'
signature oll
AS TO OWNER:
DATED:A/44 I l O) 7 ,,,,�
P
itness (Signature) MARILE1 Y,IAZ
ame (Print or Type)
cio,47)&,
it s ( lgnature)
Vae.(64/ 7-611,4k-Z-' C
Name (Print or Type) item# 67
I
Agenda
3
Ia`S !
Date j
Recd
Date00
i
Deouty Clerk
1 iE
Page 7
4 1
Wi ness (Signature) CARLOS PEREZ
f
, 4I # ►
N.m,1e (Print or Type) 1
i 1ness (Signature)
4
,,,,-.41,,c7i&�I/i -Y
Name (Print or Type)
Approved as to form and legality:
666j
Assistant unty Attorney
Last Revised:08/1/16
CAO
, 1 lE ,,
1,
GOLDEN GATE BOULEVARD (CR 876)
248+00 249+00 250+00I 251+00 I 252+00 ' 253+00I
I I
171
://70/
i
0
` . it
IIe
i
f PROPOSED ROADWAY EASEMENT
PARCEL 428 ROUE ExHiBiT
1225 SO. FT.
1 age---1-..amwmaC
I 81
TRACE 10 TRACT 27 TRACT 28
GOLDEN GATE ESTATES
UNIT 80
PLAT BOOK 8 PAGE 18
F
WEST 75' OF
EAST 180' OF
HERRERA TRACT 27 CREPSO, HERRADA
j SR 1951/219• & HERRARA
OR 4418/3621
ESTANISLAO DIAZ & PEREZ
I OR 3364/1131 •R 4424/2875
0
3
N
WE
S
OR OFFICIAL RECORDS (BOOK/PAGE)
SQ. FT. SQUARE FEET
I ����Ai PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) TEcM-ROW
r///// USE TOF THEA PUBLIC PERE PLAT BOOK E5, PAGE THE 8 ERPETUALD 0 1 2010
i LEGAL DESCRIPTION FOR PARCEL 428 RDUE
I
A PORTION OF TRACT 27,GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 43 FEET OF THE NORTH 93 FEET OF THE WEST 75 FEET OF THE EAST 180 FEET OF SAID TRACT 27.
I
CONTAINING 3,225 SOUARE FEET, MORE OR LESS.
I 0 40 80 180 •
SKETCH & DESCRIPTION ONLY I MICHAELA WARD,PROFESSIONAL SURVEYOR A MAPPER
FLORIDA REOISTRA TE NO.5301
I NOT A BOUNDARY SURVEY SCALE:r=Bo' 51005 0 0A1
i RASED EMBOSSED SEAL OF
NOT VALID WITHOUT THE ORIGINAL FOR; COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED SURVEYOR ANO MAPPER.
i
'. GOLDEN GATE BOULEVARD MG
1`IjA
Mobs
Viallsotioa
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT £031 .i. a 71•tAEFP1i•B
PARCEL 428 RDUE 5010PRAlwPerkDrive,BWe200
Naples.%DOR 54108
COWER COUNTY, FLORIDA Phone:12391597-0575 FAX:(239)5979576
L8 No.:6952
I JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE I DRAWN BY 1 FILE NAMEI SHEET
050217.00.01 0001 REV 01 5 49 28 1" = 80' DEC. 2009 D.W.J. SK 428 1 OF 1
11:::)I
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO E
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to he foncarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2. County Attorney Office County Attorney Office '
3. BCC Office Board of County 17
Commissioners / +\\".
4. Minutes and Records Clerk of Court's Office 090 3 ;tsppi
5. Executed COPY only returned to: Deborah Farris/GMD-ROW
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed 'n the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Deborah Farris Phone Number X5861
Contact/ Department
Agenda Date Item was March 28,2017—Resolution 2017-66 Agenda Item Number 11E
Approved by the BCC (Gift or Purchase Resolution)
Type of Document Easement Agreement Number of Original One
Attached Documents Attached
PO number or account D/N record in the Clerk's"official records"
number if document is for r/e conveyances
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? 7X
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X
Needs Clerk's attestation
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. X
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the fmal negotiated contract date whichever is applicable. X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. n/a
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 03/28/2017(enter date)and all changes ` „
made during the meeting have been incorporated in the attached document. The L/vj1`'
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 lE
MEMORANDUM
Date: May 10, 2017
To: Deborah Farris, Property Acquisition
TECM Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement for Project: Golden Gate Blvd. #60145
Parcel: 451RDUE
Portion of Folio: #40689320006
Attached for your records is a copy of the document referenced above, (Agenda Item
#11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017.
The original agreement will be held in the Minutes and Records Department in the
Board's Official Records.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
PROJECT: Golden Gate Blvd #60145
PARCEL No(s): 451 RDUE
FOLIO No(s): Portion of#40689320006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this 20th day of April , 2017 , by and between
LUIS E. SOTO, joined by his wife, YAMILE HERRERA DIAS, whose mailing address is
3767 Golden Gate Blvd 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, 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 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:
$4,300.00
(FOUR THOUSAND THREE HUNDRED DOLLARS)
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 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
CAO
Page 2
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 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.
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Page 3
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 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
Page 4
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 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
CAO
Page 5
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 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
1 ,,,L, <„.,
L:
Page 6
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:April 20, 2017
ATTEST: BOARD o F ' :UNTY COMMISSIONERS
DWIGHT E BROCK, Clerk COLLIE" • • TY, FLORID
tQ BY: // r
i, ;gist.ascto C ai Deputy Clerk PENNY T AirOR, Cha', i :n
AS TO OWNER:
glyo /a-vi7
DATED: /
(--
Wit ss (Signature) LUIS E. SOTO
/oti4iz p
Nam- (Print or Type)
;/ L 1 -
Witne s ( •nature)
,lx/404 :47 PNS:N.S ovi
(Print orType)
NameT e
Yp ) ; Item# � L
Agenda 3 km 1 I I
Date
Date 0) I,�
Reed
Deriity Clerk
lIE
Page 7
AS TO OWNER:
DATED: 04/#04701 4
(?7;e4.4.„..-0 "4
Witness (Signature) YAMILE HERRERA DIAS
Name (Print or Type)
C, e-------
( e.,
itn ss (Si iature)
(fONM (ITSP/IF/USOA/
Name (Print or Type)
Approved as to form and legality:
Emil $iifl
Assisfan ounty Attorney
Last Revised:08/1/16
I
.,.
, .
liE
, , ,i
1
I
1
I
1
A
I EXHIBIT
Page_:„...„_.,,'
1
1
I
WEST 150' OF BUTS
TRACT 115 OR 2950/2685
CHAMBERS
, OR 3065/1782
1
TRACT 117 TRACT 118 TRACT 135
GOLDEN GATE ESTATES
UNIT 77 ,
PLAT BOOK 5 PAGE 15
W E I
PROPOSED ROADWAY EASEMENT i
S PARCEL 451 ROUE
3.000 SO, FT.
9
5D. I
268+00 69+90/ 27,940d a 271+00 272!700) 273+00}
GOLDEN GATE BOULEVARD (CR 878)
I
OR OFFICIAL RECORDS (BOOK/PAGE)
EPROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
,, EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 15
LEGAL DESCRIPTION FOR PARCEL 451 RDUE
A PORTION OF TRACT 118. GOLDEN GATE ESTATES, UNIT 77 AS RECORDED IN PLAT BOOK 5, PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 20 FEET OF THE SOUTH 70 FEET OF THE WEST 150 FEET OF SAID IRAC T `18.
CONTAINING 3,000 SQUARE FEET. MORE OR LESS. (g/ /
0 40 tKi 160 , IF.�� � ll•/
___...._ � e�wEl �fi.ux AS unnEroR 1 wu+vER
SKETCH & DESCRIPTION ONLY _ nDRIDA.rust cLR ND 5>D1
NOT A BOUNDARY SURVEY SCALE:1..'=60' m07.90 DAT` ,.� ; D
NOT VAUD wITNOUT THE DRICINAL S T E O RAISED EMPD55ED SEAL OF
FOR; COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSIONAL SU R AND MAPPER
EN
OULEVARD
SKETCH &ADESCRIPTIONN OF: PROPOSED ROADWAY EASEMENT TINZ� tirtomAagirroappas
PARCEL 451 RDUE 6510 Willow Para Dove.SAM 200
Napiw.Florida 34109
COLLIER COUNTY, FLORIDA Phone:(209)597-0575 FM:(239)5974579
U5 No.:6052
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
(750217.00.00 0007 5 49 78 1' = 80' FEB. 2008 S.D._. UN77 SK451 1 OF 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. County Attorney Office County Attorney Office �^
5I( 1 r-1
3. BCC Office Board of County �� S�,Z
Commissioners \�—\
4. Minutes and Records Clerk of Court's Office � s-� 1•2"I/1—
5. Executed COPY only returned to: Deborah Farris/GMD-ROW
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Deborah Farris hone Number X5861
Contact/ Department
Agenda Date Item was March 28,2017—Resolution 2017-66 Agenda Item Number 11E
Approved by the BCC (Gift or Purchase Resolution)
Type of Document Easement Agreement(60145-447RDUE) Number of Original One
Attached Documents Attached
PO number or account DN record in the Clerk's"official records"
number if document is for r/e conveyances
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) A e)
1. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X
Needs Clerk's attestation
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. X
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. n/a
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 03/28/2017(enter date)and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
liE
MEMORANDUM
Date: May 12, 2017
To: Deborah Farris, Property Acquisition
TECM Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement for Project: Golden Gate Blvd. #60145
Parcel: 447RDUE
Portion of Folio: #40689280007
Attached for your records is a copy of the document referenced above, (Agenda Item
#11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017.
The original agreement will be held in the Minutes and Records Department in the
Board's Official Records.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
1 1 E
PROJECT: Golden Gate Blvd #60145
PARCEL No(s): 447RDUE
FOLIO No(s): Portion of#40689280007
1
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this 9th day of May , 2017, by and between
MOHON GIDHARRY and CARMIN GIDHARRY, husband and wife, whose mailing
address is 4011 Northlight Drive, Naples, FL 34112-5019 (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 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:
$3,700.00
(THREE THOUSAND SEVEN HUNDRED DOLLARS)
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 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
�1k.4
Page 2
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 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.
•
Page 3
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 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
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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 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
C
17.
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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 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
1 :max
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Page 6
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: May 9, 2017
ATTEST: BOARD OF '; NTY COMMISSIONERS
DWIGHT E. BR,QCKc,Clerk COLLIE" O . TY, FLORID
C C � ) — BY: /
iLk.'. 9--ti"
�ttt as to + 1rlTuty Clerk PENNY T R, Chai n
signature only.
ti
AS TO OWNER:
DATED:o S-- ° 7 - -;
t cit
Wi ess Signature) MOHON GIDHARRY
AMA t ITr'/°fENJ,I✓ _
Name (Print or ype ,
4:/ ) -,/e.
Witness (Signature)
/) ,,4 ui/-/i5
Name (Print or Type)
C)
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Page 7
AS TO OWNER:
DATED: . g� �,
rt
it
it '-ss ( gnature) CARMIN GIDHPARRY
A .I7EIVIEWJDA7
Name(Print or ype
Witness (Signature)
klered Ar-r/7:5-
Name (Print or Type)
Approved as to form and legality:
ily Pe• n
Assistant •unty Attorney
Last Revised:08/1/16
__...... _
1..
1E
1 i
1
1
LINE TABLE _._�_.�_ _..;
LINE BEARING LENGTH
I Lt NO0'29'45"W 50.00'
L2 55530`53"W 330.02' I
L3N09'29.53"W 30.00'
L4 I N89'30'53"E 1, 120.00'�j
L5 I 500129'57°E 10.00' '�
L6 N59'3Q'53'E 210.D2'
L7 , �
500'23'45"E 20.00' 1
i
OR207G4R1 150 E)CH IBIT
Page_i_ _of / ,
I I
TRACT 100 TRACT 117 ; TRACT 118
GOLDEN GATE ESTATES
UNIT 77 EAST LINE OF
PLAT BOOK 5 PAGE 15 TRACT 117^,\
,,,WEST LINE OF
TRACT 117
N
I
I
W -- E
PROPOSED ROADWAY EASEMENT
PARCEL 447 RDUE 5 f
7,800 SO. FT. t
L4 ,n
f` L2 POINT OF_ _.�
`„^��• .W .. F INCRiN LNC OF BEGINNING
_
50' SOUTN 50' 0P ,....1 TRACT 117
265+00 266*00 I 267+00 268+Ov 69+00 270+00
4-1.1—.. 1 , --r— F ---
GOLDEN GATE BOULEVARD (CR 878) Nj POINT OF
( I COMMENCEMENT)
OR OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
7-1EXISTINGROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 15
LEGAL DESCRIPTION FOR PARCEL 447 RDUE
A PORTION OF TRACT 117, GOLDEN GATE ESTATES, UNIT 77 AS RECORDED IN PLAT BOOK 5, PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHEAST CORNER OF TRACT 117;
THENCE N.00.29'463"W., ALONG THE EAST LINE OF SAID TRACT 117, FOR 50.00 FEET TO A POINT ON THE NORTH
LINE OF THE SOUTH 50 FEET OF SAID TRACT 117 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL;
THENCE 5.89'30'53"W., ALONG SAID NORTH LINE, FOR 330.02 FEET TO A POINT ON THE WEST LINE OF SAID TRACT
117;
THENCE N.00.29'53"W., ALONG SAID WEST LINE, FOR 30.00 FEET;
THENCE N.89'30'53"E., FOR 120.00 FEET;
THENCE S.00'29'57"E., FOR 10.00 FEET;
THENCE N.59.30'53"E., FOR 210.02 FEET TO A POINT ON THE EAST LINE OF SAID TRACY 117;
THENCE S.00.29'45''E., ALONG SAID EAST LINE, FOR 20.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
CONTAINING 7,800 SQUARE FEET, MORE OR LESS. `£ i f
0 40 8A i!!}q Uv •
� M F 'aYu 0. '�UFE3tr%.)(MAWR 4 WPW;.
SKETCH & DESCRIPTION ONLY �.,.�,,,, y,_..,.....,,.bu—..,. r,�"",iinn ,4a,i,w.+rw er!rlwayM wt
NOT A BOUNDARY SURVEY SCALE. I'-8Q' J't 1D
FOR: COLLIER COUNTY GOVERNMENT BOARD UF COUNTY COMMISSIONERS A,LanpA rFcfrLTC O OKa foUNAL r'WIN''IM ASO*W8941M:0 E W
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT ,
IAMPTINIWrie maw*
PARCEL 447 RDUE 55+8 mbw Perk Drive,SJIM 200
Naps*,Ronda 54109
. COLLIER COUNTY. FLORIDA Phonic1238)597.0975 PAS(0391887.0578
LB No.:8952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME 1 SHEET
{ 050217.00 00 0007 REV#1 5 49 28 _ 1" = 50' FEB 2008 S.O,L. UN77 SK447 1 OF 1Chl) 1
I
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO E
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. County Attorney Office County Attorney Office
511
3. BCC Office Board of County
Commissioners / 5\`b \--s\
4. Minutes and Records Clerk of Court's Office
s1l6J11- 3: fcq
5. Executed COPY only returned to: Deborah Farris/GMD-ROW
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Deborah Farris Phone Number X5861
Contact/ Department
Agenda Date Item was March 28,2017—Resolution 2017-66 Agenda Item Number 11E
Approved by the BCC (Gift or Purchase Resolution)
Type of Document Easement Agreement(60145-45ORDUE) Number of Original One
Attached Documents Attached
PO number or account D/N record in the Clerk's"official records"
number if document is for r/e conveyances
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? Xr c2
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X
Needs Clerk's attestation
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. X
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's sign.• • .. • •.. •-en entered as the date of BCC apprqvalt o, the
document or the mal ne.oti. •, ontr.c •ate whichever is applicable.l'r€ W.C1.'01; trAl X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. n/a
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 03/28/2017(enter date)and all changes OP
during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for t• y^o�/
Chairman's signature. C '
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 1 E
MEMORANDUM
Date: May 16, 2017
To: Deborah Farris, Property Acquisition
TECM Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement for Project: Golden Gate Blvd. #60145
Parcel: 450RDUE
Portion of Folio: #40867880009
Attached for your records is a copy of the document referenced above, (Agenda Item
#11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017.
The original agreement will be held in the Minutes and Records Department in the
Board's Official Records.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
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1
4.
PROJECT: Golden Gate Blvd #60145
PARCEL No(s): 45ORDUE
FOLIO No(s): Portion of#40867880009
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this A,)-- day of M , 20 , by and between
MARTA GONZALEZ, a single woman, whose milting address is 3760 Golden Gate Blvd
E, Naples, Florida 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 perpetual non-exclusive 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:
$16,850.00
(SIXTEEN THOUSAND EIGHT HUNDRED FIFTY DOLLARS)
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 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
C
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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 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.
Page 3
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 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.
0
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(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 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;
w LI
Page 5
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 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
e
liE
Page 6
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: Il:. 6?-5m r
05 08/ 017
ATTEST: BOARD •F . : , NTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIE' ; 0 ITY, FLORID
-\1,.2.1.A..k.,s7Th- tt4-0(A_ .
It e,as to Clerk PENNY TA R, Chai
signature OP1I,
AS TO OWNER:
DAT ! j71'"' y',4- 05/08/2017
i 4,
Wit ss (Signature,) MARTA ONZALEZ
Name (Print or Type) .1,1.1- ,z. - --,,,,,,K.-'
' VA ='),C1 i,
Witne s (Signatur- �- A•proved a o form and legality
4/01( q- ncer-WL-- )Name Print or Type) .. 4-': '`' Emily P_li n
Assistant •unty Attorney
Last Revised:08/1/16
A`
,17
3 �I NORTH LINE
x GOLDEN GATE BOULE'IARD (CR 876)
5 I OF TRACT 81
1 268+00 _ I .69+00 270+00 I 271+00 I 272{00 4 273+00
IN POINT OF
Z / /51
0 / 1� L • \COMMENCEMENT, •
o
L8
,POINT OF
SOUTH LINE OF J ;,41111' ������������,h BEGINNING)
NORTH 50' OF .�.�♦�♦�.�♦�♦�.�♦�♦�.�.�♦�.4-
8 TRACT 81 _
2 --� L6
L4
E
A •ROPOSED ROADWAY EASMENT EAST LINE OF
WEST _INE OF—'/''I PARCEL 450 RDUE WEST 225'
TRACT 81 9,690 SO. FT. OF TRACT 81
1. TRACT 81
f GOLDEN GATE ESTATES
UNIT 80
PLAT BOOK 5'PAGE 18
TRACT 64 I TRACT 82
i WEST 225' OF
TRACT 81
W I DELGADO RANDOLPH ,
i I OR 4470/3229 OR 3525/1139 `
1
A
' LINE TABLE
EXHIBIT
! LINE BEARING LENGTH Page_.__ _of l
11111 L1 S89'30'53"W 104.88'
L2 500'29'37"E 50.00'
I I L3 SO0'29'37"E 48.00'
L4 589'30'53"W 5.11' N
L5 N00129'39"W 5.00'
I$ I L6 589'30'53"W 219.63'
L7 NO0129'42"W 43.00'
LB N89'30'53"E 224.75' WC
OR OFFICIAL RECORDS (BOOK/PAGE) 1
SO. FT. SQUARE FEET
S
����� PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18
LEGAL DESCRIPTION FOR PARCEL 450 RDUE
A PORTION OF TRACT 81, GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST. COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
A
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 81;
THENCE S.89'30'53"W., ALONG THE NORTH LINE OF SAID TRACT 81, FOR 104.88 FEET TO A POINT ON THE EAST LINE
OF THE WEST 225 FEET OF SAID TRACT 81;
THENCE S.00'29'37"E., ALONG SAID EAST LINE, FOR 50.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 50
FEET OF SAID TRACT 81 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE S.00129'37"E., ALONG SAID EAST LINE, FOR 48.00 FEET;
THENCE S.89'30'53"W., FOR 5.11 FEET;
THENCE N.00'29'39"W., FOR 5.00 FEET;
THENCE S.89'30'53"W., FOR 219.63 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 81;
THENCE N.00'29'42"W., A_ONG SAID WEST LINE, FOR 43.00 FEET TO A POINT ON SAID SOUTH LINE;
THENCE N.89'30'53"E., ALONG SAID SOUTH LINE, FOR 224.75 FEET TO THE POINT OF BEGINNING OF THE HERE:N
DESCRIBED PARCEL -
ROW
CONTAINING 9,690 SQUARE FEET, MORE OR LESS. FEB 0 1 2010
0 40 BO 160 EV 14,41/7/(7....
SKETCH & DESCRIPTION ONLY111.1111111111111.1.111. MICHAEL A.WARD,PROFESSIONAL SURVEYOR&YAPPER
FLORgA REaSTNM10N vNo.5301
NOT A BOUNDARY SURVEY SCALE: 1'=80' SDDATE
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS FLORIDA NOT VAUD R 05TEREDOLREPROFESSIONAL SURVEYOR ND°MAPPEER ED sex OF
GOLDEN GATE BOULEVARD 1 ,X. AMC.
Analintion
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT 104.4 i i`ja
PARCEL 450 RDUE 6670%Dow Ps*Dore.Sar 200
Naples,Florde 24106
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 5 49 1 28 1" = 80' DEC. 2009 D.W.J. SK 450 1 OF 1 CAO
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 11E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
3. County Attorney Office County Attorney Office Lo 11
4. BCC Office Board of County
Commissioners \fir k .6-\c" )/- \ta\v \
5. Minutes and Records Clerk of Court's Office
61(21(r1 z:t2-f,
Executed COPY only returned to: Karen Dancsec/GMD-ROW
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Karen Dancsec Phone Number 239-252-5805
Contact/ Department
Agenda Date Item was 03/28/2017 Agenda Item Number 11.E
Approved by the BCC t
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? q-11 Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
XD
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
XD
document orPFfinal negotiated contract date\whichever is applicable.
6. "Sign here"tabs are pon the appropriate pages indicating where the Chairman's
XD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on and all changes made
during the meeting have been incorporated in the attached d9cuniient. The County
Attorney's Office has reviewed the changes,if applicable.3!a /I 1
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
Please scan under BMR Real Property—60145 Golden Gate Blvd 'ar = 459RDUE
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip VMS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 1 E
Martha S. Vergara
From: Martha S.Vergara
Sent: Monday,June 12, 2017 4:01 PM
To: KarenDancsec@colliergov.net
Subject: Agenda Item#11E from the 3/28/17 BCC Meeting
Attachments: Karen Dancsec.pdf
Hi Karen,
Attached is the easement agreement of the aforementioned item for your records.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
1
liE ,,
MEMORANDUM
Date: June 12, 2017
To: Karen Dancsec, Property Acquisition Specialist
TECM Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement for Project #60145 Golden Gate Blvd.
Parcel: 459RDUE; Folio: #40868040000
Attached for your records is a copy of the document referenced above, (Agenda Item
#11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017.
The original agreement will be held in the Minutes and Records Department in the
Board's Official Records.
If you have any questions, please call me at 252-7240.
Thank you.
Attachment
lIE '
PROJECT: 60145 - Golden Gate Blvd
PARCEL(s): 459RDUE
FOLIO(s): 40868040000
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this VZ.M., day of , 2017, by and between
BARBARA KRYSTASZEK, a single woman, whose mailing address is 1494 Trafalgar Ln,
Unit A, Naples, FL 34116 (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 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:
$6,200
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 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.
11E
Page 2 of 6
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 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
1 1 E
Page 3 of 6
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 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 effective
date of this Agreement.
11E
Page 4 of 6
(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, 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
1 1 E
Page 5 of 6
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 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.
1 1E
Page 6 of 6
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: donti22-Cl7
ATTEST: BOARD 0 ' . NTY COMMISSIONERS
DWIGHT E. BROCK,;Clerk COLLIER • , FLORIDA
�i
-V's 1,����►N_ `_ .' LC _. BY: /frit/1yuta ( lerPENNY TAY , CHAI N
Attes . to Chairman
AS TO OWNER:
DATED: (o - 5-a-o I7
'► �_ .
Witness (Signature) BARBARA KRYST SZEK
Name (Print or Type)
Witness (Signature
eJ4ref
Name (Print or Ty )
Approved as to form and legality:
Assistant County A torney �
Jennifer A. Belpedio
Last Revised: 06/23/15
S
GOLDEN 1. E
, , GATE BOULEVARD (CR 876) 1111
271+00 272+00 273+00 I 24+00 275+00 276+00
o 1://7501/7
0 /
//
2 48' •.•.•'
g_____LI .ss
2
Y r
B!\, IBIT___-- PROPOSED ROADWAY EASEMENT
3 j PARCEL 459 RDUE
Pag-�oi 3.600 S0. FT.
1111 TRACT 81 TRACT 82 TRACT 99
I GOLDEN GATE ESTATES
UNIT 80
PLAT BOOK 5 PAGE 18
ra
R.A
EAST 75' OF
TRACT 82
1
CKC PROPERTY
HOLDINGS LLC
A OR 4473/116
2
DOUGHERTY & HOEFER-HOPE KRYSTASZEK
OR 3865/3355 OR 4461/2896
N
W E
S
OR OFFICIAL RECORDS (BOOK/PAGE)
SQA.SFT. SQUARE FEET
KxX X PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
P EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL TECM-ROW
I/// USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18 FEB LEGAL DESCRIPTION FOR PARCEL 459 RDUE GD U 1 10)
A PORTION OF TRACT 82,GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 48 FEET OF THE NORTH 98 FEET OF THE EAST 75 FEET OF SAID TRACT 82.
CONTAINING 3,600 SQUARE FEET, MORE OR LESS.
0 40 80 160 BY:Zilli/i
SKETCH & DESCRIPTION ONLY { I R� a s�1s MAPPER
'x
NOT A BOUNDARY SURVEY SCALE:180' SIGNING DATE' Z
VAUD
ORIGINAL
RAISED EMBOSSED SEAL OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AOFLORIDA REQ ofT!' TSU VEYOR AND MAPPER.
GOLDEN GATE
ULEVARD
848.
Ramis
Vimalkulion
SKETCH & DE CRIPTION OF: PROPOSED ROADWAY EASEMENT CorFi N CiaWo 's
i\Fir 1 9un+yYt Woes
PARCEL 459 RDUE 6.310 Wi0cw Park Orive.sure 200
Naples.Florida 94109
COWER COUNTY. FLORIDA Phone:(239)597-0575 FAX:)239)597.0576
LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.01 0001 REV 01 5 49 28 1" = 80' DEC. 2009 D.W.J. SK 459 1 OF 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 lE
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
3. County Attorney Office County Attorney Office
CO/12-11
4. BCC Office Board of County ,
Commissioners �/
5. Minutes and Records Clerk of Court's Office
rn b((W7 z CZpm
Executed COPY only returned to: Karen Dancsec/GMD-ROW
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Karen Dancsec Phone Number 239-252-5805
Contact/ Department /
Agenda Date Item was 03/28/2017 Agenda Item Number 11.E `,//
Approved by the BCC
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Aable)
1. Does the document require the chairman's original signature? --
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
XD
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date ofBCC approval/of the XD
_ OTS.
document ofjClte final negotiated contracLliate whichever is applicable. u(( �
6. "Sign here"tabs are placed on the appropriate pagesin•'eating where the Chairm s
XD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on—9f13120t6 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable. 3)cn/11
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready forth T1/
Chairman's signature.
Please scan under BMR Real Property—60145 Golden Gate Blvd 408RDUE
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
11E
Martha S. Vergara
From: Martha S.Vergara
Sent: Monday,June 12, 2017 4:02 PM
To: KarenDancsec@colliergov.net
Subject: Agenda Item#11E from the 3/28/17 BCC Meeting
Attachments: Karen Dancsec.pdf
Hi Karen,
Attached is the easement agreement of the aforementioned item for your records.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergaracollierclerk.com
1
11E
MEMORANDUM
Date: June 12, 2017
To: Karen Dancsec, Property Acquisition Specialist
TECM Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement for Project #60145 Golden Gate Blvd.
Parcel: 408RDUE; Folio: #40935640003
Attached for your records is a copy of the document referenced above, (Agenda Item
#11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017.
The original agreement will be held in the Minutes and Records Department in the
Board's Official Records.
If you have any questions, please call me at 252-7240.
Thank you.
Attachment
11E
PROJECT: 60145 - Golden Gate Blvd
PARCEL(s): 408RDUE
FOLIO(s): 40935640003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this 174-, day of.Jor\ -- , 2017, by and between
RICHARD AND DANA MILLS, husband and wife, whose mailing address is 3340 Golden
Gate Blvd E, Naples, FL 34120-3741 (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 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:
$9,600
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 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
1
1E
Page 2 of 7
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 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.
// CAO
1E
Page 3 of 7
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 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
t
11E
Page 4 of 7
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 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, 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
C�
1 1 E
Page 5 of 7
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 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
/if
CAO
11E
Page 6 of 7
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:,c )n-e,, I 1 2br7
ATTEST: BOARD •F • NTY COMMISSIONERS
DWIGHT E. :ROCK Clerk COLLIE' 'O ''TY, FLORIDA
`i;, BY:
- Dep' t � '', PENNY TA .4 CHAT' �A N
Att= to Chairman's i�
signature only.
AS TO OWNER:
DATED: 0/6"---7/
/7/t_eite.
Witness (' ture) RIC ARD MILL
-reh G1Kcs�c�
Name (Print or Type)
/6\,‘ .(14
Witness (Signature)
Name (Print or Type)
/f/ :A�
1 1 E
Page 7 of 7
41011V
. 1 -/ LJ
,
Witness (Signature) - 'A MILLS w
Kar.eancs.ec_
Name (Print or Type),y(At.,r,4,y(Witness (Signature)
A0(
Name (Print or Type)
Approved as to form and legality:
a • 10
hirtasa 11,11
1 I
Assistant County Attorney
Last Revised:06/23/15
lIE 1 E
i , GOLDEN GATE BOULEVARD (CR B I6)
S 238+00 239+00 240i+001 24 +00 I 242+00 243+00 •
m I ( I I f I� J j F
Z 50//
'
a $$ .
I
\
iT
PROPOSED ROADWAY EASEMENT ,,'
PARCEL 408 RDUE EXHIBIT „ft-
5,700
FT,
ii
i
' TRACT 136
., GOLDEN GATE ESTATES
UNIT 81
PLAT BOOK 5 PAGE 19
TRACT 121 1 TRACT 9
g •
Z
i ? \,..j;RN j
i Iill 2fi EAST 150' OF
ZO
TRACT 136
m 0, `r
y
N LISKA—ESPOSITO & ESPOSITO `�' MILLS
r OR 4174/4048 , OR 2858/989
W E
! \
S
OR OFFICIAL RECORDS (BOOK/PAGE)
SQ. FT. SQUARE FEET
;xX X PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
//) EXISUSETING RODWAY OF THEA
PUBLIC�PERE
PLATSEMNTD BOOK EDICATE5D, PAGE 1TO THPERPETUAL TECM-ROW
MAR 0 5 2010
LEGAL DESCRIPTION FOR PARCEL 408 RDUE
' A PORTION OF TRACT 136, GOLDEN GATE ESTATES. UNIT 81 AS RECORDED IN PLAT BOOK 5, PAGE 19 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, 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 EAST 150 FEET OF SAID TRACT 136.
CONTAINING 5,700 SQUARE FEET, MORE OR LESS. /7/1.-14.;,..L............--"'
0 40 60 160
run.4.E WARY. SURVEYOR&WPPER
SKETCH & DESCRIPTION ONLY I I r nA 4E WARA1I�I CRIE NO.5301
NOT A BOUNDARY SURVEY SCALE:1'-aO' SIGNING DATE'. J{ 0
NOT VALID WITHOUT INC ORIGINAL SI &RAISED DASOSSED SGL OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROF . SURVEYOR AND MAPPER.
GOLDEN
TE BOULEVARD
SKETCH &ADE DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CON *JLT�l�T�
1 V VIt. Stinighe&Ib 4
PARCEL 408 RDUE 6610 6610*Park Drive,Sucre 200
[fr,.........tN,,,, Naples Florida 34109
COLLIER COUNTY. FLORIDA Pham:12391597.0575 FAX:1039169'-0676
LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
/1 050217.00.01 0001 REV 02 5 49 28 1" = 80' DEC. 2009 D.W.J. SK 408 1 OF 1
CIO)
d' c
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I 1 E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
3. County Attorney Office County Attorney Office (/ Z f -i
4. BCC Office Board of County
Commissioners \ (1/4 ‘f kcAl2-V
5. Minutes and Records Clerk of Court's Office
Executed COPY only returned to: Karen Dancsec/GMD-ROW
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Karen Dancsec Phone Number 239-252-5805
Contact/ Department
Agenda Date Item was 03/28/2017 Agenda Item Number 11.E .
Approved by the BCC
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? XD
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
XD
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's si:nature lin- .. • .. .••i entered as the date of BCC approval eo f the XD
document orithe final negotiated contract date whichever is annlicab e.don Sv�pJ t.
6. "Sign here"tars are place. on the appropriate pages indicating where the Chairtdan's SCD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on-9434046—and" —and all changes made
during the meeting have been incorporated in the attached document. The County KD
Attorney's Office has reviewed the changes,if applicable. Valli
9. Initials of attorney verifying that the attached document is the version approved by the )
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
Please scan under BMR Real Property—60145 Golden Gate Blv —Parcel - : RDUE
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
11E
Martha S. Vergara
From: Martha S.Vergara
Sent: Monday,June 12, 2017 4:03 PM
To: KarenDancsec@colliergov.net
Subject: Agenda Item#11E from the 3/28/17 BCC Meeting
Attachments: Karen Dancsec.pdf
Hi Karen,
Attached is the easement agreement of the aforementioned item for your records.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
1
1 1 E
MEMORANDUM
Date: June 12, 2017
To: Karen Dancsec, Property Acquisition Specialist
TECM Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement for Project #60145 Golden Gate Blvd.
Parcel: 465RDUE; Folio: #4070080007
Attached for your records is a copy of the document referenced above, (Agenda Item
#11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017.
The original agreement will be held in the Minutes and Records Department in the
Board's Official Records.
If you have any questions, please call me at 252-7240.
Thank you.
Attachment
1 1 E
PROJECT: 60145 - Golden Gate Blvd
PARCEL(s): 465RDUE
FOLIO(s): 40740080007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this \zA-\- day of '�c)r->e.- , 2017, by and between
EDWARD AND JOANNE BINGLE, husband and wife, whose mailing address is 3945
Golden Gate Blvd E., Naples, FL 34120-3727 (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 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:
$37,800
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 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
lIE
Page 2 of 7
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 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.
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Page 3 of 7
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 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
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Page 4 of 7
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 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, 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
Cp,O
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Page 5 of 7
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 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
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Page 6 of 7
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: -3011f...42.,,2DI7
ATTEST: _ BOARD c F . : NTY COMMISSIONERS
DWIGHT E. BROCK, C1erk COLLIE' 0 TY, FLORID
° 'II" BY: //
'' D- PENNY TAS(/.R, CHA AN
Attest as to Chairman's
signature only.
AS TO OWNER:
DATED: O5-2‘.- .,,of 7
fitness ( ignature) EDWARD BIN LE
/A-u � -o
Name (Print or Type)
Wtness (Sir;nature)
A-N AL4 M
Name (Print or Type)
11E
Page 7of7
ilLepaaL
Witness Signature) JOANNE BINGL
Name (Print or Type)
air -14M
i -ess (Sir?nature)
/ kip M TN MA
Name (Print or Type)
Approved as to form and legality:
Assistant County Attorney
Last Revised:06/23/15
1 1 E
1
P ge__ I ofw � .-
DE SACASA DIEUJUSTE & DIEUJUSTE
OR 1442/395 OR 3026/1686
EAST 155' OF
TRACT 1
TRACT 136 TRACT 1
GOLDEN GATE ESTATES
UNIT 78 TRACT 18
PLAT BOOK 5 PAGE 16
PROPOSED ROADWAY EASEMENT
PARCEL 465 RDUE
5.425 FT. 3 ...
I ,
3+00 279+003 280+00 281+001 252 2:3+00 284
i
GOLDEN GATE BOULEVARD (CR 876)
OR OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 16
LEGAL DESCRIPTION FOR PARCEL 465 RDUE
A PORTION OF TRACT 1, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 35 FEET OF THE SOUTH 85 FEET OF EAST 155 FEET OF SAID TRACT 1.
CONTAINING 5,425 SQUARE FEET, MORE OR LESS.
4u 60 150 et,
i
MICHAEL A WARD VAOFESSICNAL SURVEYOR&MAPPER
SKETCH & DESCRIPTION ONLY FLORIDA R I o , Ela-,tr0 Nei:5301
NOT A BOUNDARY SURVEY SCALE. L'—B0' SIONIN0 D � � 0�3
FOR: COLLIER COUNTY GOVERNMENT BAHLA OT COUNTY COMMISSIONERS NOT VALIDIDREGISTERED
EVTE THE 01CC �,r+++A�AN,LLIT0 AVOIDI EMBOSSED SEAL OF
NAWITHOUTOUTH PROCCSO AL SU EvOR VO MEMBER.
GOLDEN GATE BOULEVARD lAX TA
INcpti®
SKETCH Sc DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CONSULTING Civil Plagmeenng
Z\V VA 1 Surveying&Mapping
PARCEL 465 RDUE 6610 Willow Park Drive,Suite 200
109
COLLIER COUNTY. FLORIDA N597-057Florida AX(23
Phone:(239)597-0575 FAX(239)597-0578
LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.00 0007 REV,1 5 , 49 28 1" = 80' . .FEB. 2028 S.R. UN78 SK465 . . 1 OF 1 CAO
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 E
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exce tion of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee s (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Officeeir2
�, I'
4. BCC Office Board of County -FT b
Commissioners \-q 7 --``--�`�-
5. Minutes and Records Clerk of Court's Office 11-It
a•,"`
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Michelle L.Sweet Phone Number 252-6027
Contact/ Department Transportation Engineering-ROW
Agenda Date Item was Agenda Item Number �
Approved by the BCC 31.24 P )OI?- �" C-. V/
Type of Document Number of Original
Attached Documents Attached
PO number or account
number if document is d/f,
to be recorded di
ft
& CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable){�li
1. Does the document require the chairman's original signature? — < jlyl190
2. Does the document need to be sent to another agency for additional signatures? If yes, /�
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be I „
signed by the Chairman,with the exception of most letters,must be reviewed and signed with'
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's /14
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approvako f�t,_i!4s,
document or the final negotiate cod n rac ate Whichever is applicable.Gt&Te 0 S1 TM"��� hic
6. "Sign here"emplaced on the appropriate pages indicating where the Chairman s
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain f
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 30 (enter date)and all changes made
during the meeting have been incorporated in the attached document. The County
/1/
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the ro
BCC,all changes directed by the BCC have been made,and the document is ready for
Or
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 1 E
MEMORANDUM
Date: July 7, 2017
To: Michelle Sweet, Property Acquisition
Transportation Engineering
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement - Project #60145
Parcel: 430RDUE/Folio #40862760001
Attached for your records is a copy as referenced above, (Item #11E) approved by the
Board of County Commissioners on Tuesday, March 28, 2017.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
� 1E
PROJECT: 60145 Golden Gate Boulevard
PARCEL No(s): 43ORDUE
FOLIO No(s): 40862760001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this'9+k day of 2"1/4.) , 2017, by and between
CARMEN GABY COSGROVE, a married woman and PAUL BOOTH, her husband,
whose mailing address is 3510 Golden Gate Boulevard E, Naples, Florida 34120-3767
(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:
$87,900.00
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, including all
attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida
Statutes.
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Page 2
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
construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of all
S
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Page 3
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 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.
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11E
Page 4
(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, 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
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Page 5
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 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.
11E
Page 6
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: ;J .911
ATTEST: BOARD 0 . ; NTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIE' 0 TY, FLORID
10c\ 4A-X.grkerktkaih BY: ALi/
Attest as Champuty Clerk PENNY T OR, CH AN
signature only.
AS TO OWNER:
DATED: Jt.,,,,, _z i
grAllo )
at, A
Witnes • =ture) CARME 111 Y COy•GROVE
Ka(en:4nc.SC_ C
Name (Print or Type)
. J
i4/1:14
Witne s (Signature) PAUL :00TH
MICHELLH L SW E
Name (Print or Type)
Approved as to form and legality:
• . .
Assistant C- ty Attorney
Last Revised:08/1/16
- 11E
GOLDEN GATE BOULEVARD (CR 876)
248+00 249+)0 250+00
245+00 246+00 247+00 + I1 1 1 1
!ExtIV� PROPOSED ROADWAY EASEMENT
\ of� PARCEL 420 RDUE
..+�r1 3,225 SO. FT.
I •
TRACT 10 TRACT 27
i TRACT 9 GOLDEN GATE ESTATES
§ UNIT 80
A PLAT BOOK PAGE 18
S
IY
3 EAST 75' OF
8' WEST 180' 0
4 TRACT 10
HUGHES BICHOTTE
I. OR 470/147 •R 3557/2952
1 BARROSO WOLLMAN
OR 4007/1307 •R 3438/237
t
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S
OR OFFICIAL RECORDS (BOOK/PAGE)
SQ. FT. SQUARE FEET
, 4 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
TEN-ROW
1/. I EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
/�I USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18 FEB 0 1 2010
LEGAL DESCRIPTION FOR PARCEL 420 RDUE
A PORTION OF TRACT 10,GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 43 FEET OF THE NORTH 93 FEET OF THE EAST 75 FEET OF THE WEST 180 FEET OF SAID TRACT 10.
CONTAINING 3,225 SQUARE FEET, MORE OR LESS.
o 40 60 160
Y L�.wARC,P SURVEYOR•NAPPER
alle7_„„...../"-----
SKETCH & DESCRIPTION ONLY l FO100551081°" 6701
NOT A BOUNDARY SURVEY sKAtE.1"-ao' SIGNING DATE. Said:
NOT VMONKIO WITHOUT THE MONK �vsco ENBBSSE0 SEAL OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFEssaNK RVEYOR ANO MAPPER.
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT 11‘1[4:=.Stembillimrimg
PARCEL 420 RDUE 6610 WrRN Park Drive,Sults 200
NMI.%R4.a.34109
COLLIER COUNTY, FLORIDA Phone:123115•Ta575 FAX:(239)597-0575
LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANCE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.01 0001 REV 01 5 49 28 1" = 80' DEC. 2009 D.W.J. SK 420 1 OF 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 E
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forssarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing,lines#1 through#2,complete the checklist,and forward to the CounAttorney Office.
Route to Addressee(s) (List in routing order) Office I Initials f Date
1.
2. County Attorney Office County Attorney Office VAd6 R.—hell 7
3. BCC Office Board of County
Commissioners vAS /S/ t zL' >V1
4. Minutes and Records Clerk of Court's Office r (a-) 18 0_ 07:�e‘.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Sonja Stephenson Phone Number 252-5880/
Contact/ Department i
Agenda Date Item was March 28,2017 / Agenda Item Number 11E /
Approved by the BCC
Type of Document Easement Agreement Number of Original
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? iA—( ()VC.. X
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
Needs Clerk's attestation
3. Original document(s)has/have been signed/initialed for legal sufficiency. (All documents
to be signed by the Chairman,with the exception of most letters,must be reviewed and
signed by the Office of the County Attorney. X
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the ,
document or the fmal negotiated contract date whichever is applicable. X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on March 28,2017(enter date)and all N/A is not
changes made during the meeting have been incorporated in the attached document. an option for
The County Attorney's Office has reviewed the changes,if applicable. 's line.
9. Initials of attorney verifying that the attached document is the version approved by the f= N/ is not
BCC,all changes directed by the BCC have been made,and the document is ready for the. • .1 option for
Chairman's signature. , is line.
Please scan under Golden Gate Boulevard No. 60145 in the BMR Real Prope oldenk you
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 1 E
MEMORANDUM
Date: December 18, 2017
To: Sonja Stephenson, Property Acquisition Specialist
Transportation Eng. & Const. Mgmt.
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement— Project #60145
Parcel: 468RDUE
Portion of Folio #40870320006
Attached is a copy of the agreement referenced above, (Agenda Item #11E) approved by
the Board of County Commissioners on Tuesday, March 28, 2017.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
1 1 E
PROJECT: 60145 — Golden Gate Blvd.
PARCEL No(s): 468RDUE
FOLIO No(s): 40870320006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this ( day of , 2017, by and between
DEBORAH MCCRAY ANDERSON, a single woman, whose mailing address is 3980
Golden Gate Blvd. 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, 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 (Exhibit A) 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:
$85,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). County
also agrees to pay the sum of $21,000 to Bella Y. Patel, PA for legal fees and all
other costs, including expert witness costs. Said aggregate payment of $106,000
(representing Owner's proceeds, attorney fees and all other costs, including expert
witness costs) shall be paid at closing by County Warrant or funds wire transfer to
"Bella Y. Patel, PA Trust Account", Attn: Bella Y. Patel, Esquire, 13026 Waterford
Run Drive, Riverview, Florida 33569, and shall be full compensation for the
Easement conveyed, including (if applicable) all landscaping, sod, 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, including all
attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida
Statutes. If for any reason the closing does not take place, the hereinabove
referenced sum of $21,000 shall be paid to Bella Y. Patel, PA as a separate
transaction representing full and final satisfaction of any and all attorney fees and
expert witness costs that could be asserted against Collier County pursuant to
Sections 73.091 and 73.092, Florida Statutes, with respect to acquisition of the
Easement upon further approval by the Board.
1 1 E
Page 2
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 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.
1 1 E
Page 3
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 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
Page 41 1 E
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, 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 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
Page 1 E
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: kr tl 1 J�
ATTEST BOARD •F AUNTY COMMISSIONERS
DWI .T E. BRCCK, Clerk COLLIE" ' O TY, FLORID A
& ®. BY: /i ±. .i
_...d .L
Att3st as to C a Wguty Clerk PENNY TA s* ', Chair .
!rir-ure only.
AS TO OWNER:
DATED: it 1 2 ( -t
Af, , - (-- ritop
►/
.., r
Wit ess (Signature' DE • - A H MCCRAY AND 'S•N
N. - 'ri't o ype) ;lir
,�;.� .. , ; ''4r•i KA ILLIAMS
, .rti:sivn#GG 019471
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°:' ,�lgust 8,2020
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fitness (' gnature) filo*
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.1--_,).1?-41 "� ,,,•,�� 7 MME.iSKAWILtIAMS
Name (Print Type) ,pz•• eommi, n#GG 019471
; ;. s August 8.202D 8pp.385d019
...d' ihruTroy Fs�1!a! OC(11/
II I 4S '' ` l
It'7'' 1 4
Approved as to form and legality:
%ck_)- fT),c7 _
Jennifer A. Beipedio
Assistant County Attorney �' kk-%
Last Revised:06/23/15
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1 1 E
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PLAT BOOK 5 PAGE 18
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SQ. FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK/PAGE)
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/ EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
/ / USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18
LEGAL DESCRIPTION FOR PARCEL 468 RDUE
A PORTION OF TRACT 1 17, GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 54 FEET OF THE NORTH 104 FEET OF THE EAST 165 FEET OF SAID TRACT 117.
CONTAINING 8,910 SQUARE FEET, MORE OR LESS.
TECM - ROW
FEB 0 1 2010
0 40 80 160 EIY:I/A7'
SKETCH & DESCRIPTION ONLY11.1111111111111.11111111 MICHAEL A. WARD. PROFESSIONAL SURVEYOR & MAPPER
FLORWA REGISTRATIONvFJ�TE NO. 5301
NOT A BOUNDARY SURVEY SCALE; r=ao' SIGNING DATE: ' % /ir
FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
NOT
FLORIDA REGISTERED AUD WITHOUT EPOFESSIO L SURVEYGINAL /OR AND MAPPER EMBOSSED& RAISED SEAL OF
GOLDEN GATE BOULEVARD DUTAPlumingVisualization
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT C NSA�I i Civil&towing
PARCEL 468 RDUE 6610 Mow Park Detre,Suite 200
Naples,Florida 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 5 49 28 1" = 80' DEC. 2009 D.W.J. 5K 468 1 OF 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 .1 E
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE r'
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routingfines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2. County Attorney Office County Attorney Office
getoras la
3. BCC Office Board of County �5 �oZ-a2�q•"�'�
Commissioners
4. Minutes and Records Clerk of Court's Office
PO- la 4=3SR
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Sonja Stephenson Phone Number 252-5880
Contact/ Department
Agenda Date Item was March 28,2017 Agenda Item Number 11E'j�
Approved by the BCC
Type of Document Easement Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whi -v• Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? km p X k,)
2. Does the document need to be sent to another agency for additional • gnatures? 1'f :; N/A
provide the Contact Information(Name;Agency;Address;Phone)on •• -• sheet.
Needs Clerk's attestation
3. Original document(s)has/have been signed/initialed for legal sufficiency. (All documents
to be signed by the Chairman,with the exception of most letters,must be reviewed and
signed by the Office of the County Attorney. X
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on March 28,2017(enter date)and all : N/A is not
changes made during the meeting have been incorporated in the attached document. an option for
The County Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the a I ' an option for
Chairman's signature. this line.
Please scan under Golden Gate Boulevard No. 60145 in the BMR Real Property Fo der. i you
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 1 E
MEMORANDUM
Date: January 4, 2018
To: Sonja Stephenson, Property Acquisition Specialist
Transportation Eng. & Const. Mgmt.
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement— Project #60145
Parcel: 47ORDUE/Folio #40870480001
GAP Affidavit and ROW Drainage & Utility Easement
Attached is a certified copy of the agreement and originals of the additional documents
referenced above, (Agenda Item #11E) approved by the Board of County
Commissioners on Tuesday, March 28, 2017.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
PROJECT: 60145—Golden Gate Blvd.
PARCEL No(s): 470RDUE
FOLIO No(s): 40870480001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of ,l'�CEIr1bL . 2017, by and between •
JUAN TINAJERO JUAREZ. a married man, whose mailing address is 4020 Golden Gate
Blvd. 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 Perpetual Non-Exclusive Road Right-of-Way,
Drainage and Utility Easement (Exhibit A) 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:
$68,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). County
also agrees to pay the sum of$8,500 to Bella Y. Patel. PA for legal fees and all other
costs, including expert witness costs. Said aggregate payment of $76,500
(representing Owner's proceeds, attorney fees and all other costs, including expert
witness costs) shall be paid at closing by County Warrant or funds wire transfer to •
"Bella Y. Patel. PA Trust Account". Attn: Bella Y. Patel. Esquire. 13026 Waterford •
Run Drive. Riverview, Florida 33569, and shall be full compensation for the
Easement conveyed, including (if applicable) all landscaping. sod, 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, including all
attorneys' fees, expert witness fees and costs as provided for in Chapter 73. Florida
Statutes. If for any reason the closing does not take place. the hereinabove
referenced sum of $8.500 shall be paid to Bella Y. Patel, PA as a separate
transaction representing full and final satisfaction of any and all attorney fees and
expert witness costs that could be asserted against Collier County pursuant to
Sections 73.091 and 73.092. Florida Statutes, with respect to acquisition of the
Easement upon further approval by the Board.
Page 2 S i E
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 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.
Page 3 1 1 E
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 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
Page 4 1 1 E
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, 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 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
1 1 E
Page 5
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:DATD: I O4) is
. ATTEST BOARD 41- CO TY COMMISSION
D HTE. BO* Clerk go COLLIE'' .. TY. FLORIDA
< BY: /'
Ireasto. ,•D, a&tlerk PENNY TAY Chairman '
stionahre
AS TO OWNER:
DATED: I L- 1 -Zo l�
r _ Jt10i4 iiPI.vC TaRFZ
Ig iature) JUAN TINAJERO JUAREZ
Name(Print or Type)
Witness(Si6nure) . .
Name(Prim or Type)
Approved as to for,' a ;legality:
AlkJennifer A.Belaedio
Assistant County Attorney
Last Revised 06123115
1 1 E
Y
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4 I PROPOSED ROADWAY EASEMENT
I ; PARCEL 470 RDUE
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s TRACT 118
I {{ GOLDEN GATE ESTATES
TRACT 117 I UNIT 80 4 TRACT 135
PLAT BOOK 5 PAGE 18
a I BERGGREN &
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:WEST 150' OF OR 3245/1427
TRACT 118
Ix VILLA TZAR.AR M NZEV, MINZEY,
VILLAVIZAR MINZEY & MINZEY I 1
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SO. FT. SOUARE FEET
OR OFFICIAL RECORDS (BOOK/PAGE)
) ��I PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROLE)
r / /1 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
1f / l USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 18
LEGAL DESCRIPTION FOR PARCEL 470 ROUE
A PORTION OF TRACT 118,GOLDEN GATE ESTATES. UNIT 80 AS RECORDED IN PLAT 900K 5, PAGE 18 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS_
THE SOUTH 49 FEET OF THE NORTH 99 FEET OF' THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 118.
CONTAINING 3,675 SQUARE FEET, MORE OR LESS
TEN-ROW
FEB n 1 2010
'� /�
0 40 80 180
WOW ..AP'J,PROCESS SURREFOR!RAPPER
SKETCH & DESCRIPTION ONLY I >- I FLOSIOAW*0 REGISTRAR.FPGINAL � 1E No.530,
NOTA BOUNDARY SURVEY SCALE 1-s80' wTE. dJ
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AA FLOORDA REG(STEREaFFROLIT EO PRN SS SUPRE`/OR A.0 SEAL OF
GOLDEN GATE BOULEVARD K 1XI71vltiaa
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT £OOIST/N1W. B s
PARCEL 470 RDUE 6810 OWN Park ERN,Sub 209
4401140%arta 34109
COLLIER COUNTY. FLORIDA Phan.:(239)59740574FAX:W4)567-0n8
.B No.:6*52
JOB NUMBER REV-S,ON SECYON '7WNSHIP R4\GE SCA-E ' DATF DRAWN B, _ ME E NASHEET
050217.00.0' 0001 REV C 5 49 28 = 80' DEC3 9 I N 479 OF ..
1 1 E
PROJECT: 60145 Golden Gate Boulevard
PARCEL No(s): 470RDUE
FOLIO No(s): Portion of 40870480001
STATE OF
COUNTY OF
GRANTOR'S NON-FOREIGN TAXPAYER IDENTIFICATION&"GAP"AFFIDAVIT
The undersigned,JUAN TINAJERO JUAREZ, after being duly sworn, deposes
and says:
1. Grantor is the fee simple owner and the only owner of the property located in
Collier County and described in Exhibit"A"attached hereto("Property").
2. Grantors Legal Name is: JUAN TINAJERO JUAREZ,a married man
3 Grantor's mailing address is:
4020 Golden Gate Blvd. E, Naples, FL 34120
4. Section 1445 of the Internal Revenue Code requires a transferee of a U.S. real
property interest to withhold tax if the transferor is a foreign person. For U.S. tax
purpose (including Section 1445), the owner of a disregarded entity having legal
title to a U.S. real property interest under local law will be the transferor of the
property and not the disregarded entity. To inform Collier County, as transferee,
that withholding of tax is not required upon disposition of the Property, Affiant
affirms that the following is true:
a. Grantor is not a non-resident alien (if individual) or a foreign corporation,
foreign partnership, foreign trust or foreign estate (as those terms are defined
by the Internal Revenue Code and Income Tax Regulations) for purposes of
U.S. income taxation.
b Grantor is not a disregarded entity as defined in s.1.1445-2(b)(2)(iii). (NOTE:
A disregarded entity for these purposes means an entity that is disregarded
as an entity separate from its owner under s.301.7701-3, a qualified REIT
subsidiary as defined in s. 856(i), or a qualified subchapter S subsidiary
under s.1361(b)((3)(B).
5. For purposes of reporting this Transaction to the Internal Revenue Service on
Form 1099-S. the Property is Grantor's(check one)
X Principal Residence Other real estate.
6. Grantor is in sole constructive or actual possession of the Property, and there is
no other person or entity that has any possessory right in the Property.
7. Grantor has full authority to convey the Property.
8. There are no existing contracts for sale or mortgage commitments other than
those being closed affecting the Property.
9. Grantor knows of no defects in the Property's title and, except for real estate
taxes for the current year and those items identified on Exhibit "B" attached
hereto. there are no liens, encumbrances, mortgages, claims or demands on or
against the Property.
10. There are no unrecorded labor, mechanics', material men's liens or "Notices of
Commencement" against the Property; no material has been furnished to or
1 1 E
labor performed upon the Property within the past ninety(90)days which has not
been paid for in full: no notices to owner have been delivered to or received by
the Grantor.
11. There are no bills, liens or assessments for sanitary sewers, paving or other
public utilities, or improvements made by any governmental instrumentality,
which are now unpaid, against the Property. Further, Grantor acknowledges
responsibility for water, sewer and electrical consumption charges through date
of closing or occupancy by Grantor, whichever first occurs. If any bills, liens or
assessments are found which relate to the period of Grantor's possession,
Grantor will pay same upon demand. Grantor shall obtain any release
documents needed which relate to bills, liens or assessments not paid at the
time of closing.
12. No notice has been received of any public hearing regarding future or pending
zoning changes or assessments for improvements by any governmental
instrumentality.
13. Grantor knows of no violations of local or state laws or private covenants,
restrictions or conditions which pertain to the Property.
14. There are no judgments, orders or decrees which have been entered in any state
or federal court against the Property or Grantor, and there are no civil or
administrative actions pending against Grantor or which involve the Property in
any way, including no action for dissolution of marriage or bankruptcy.
15. The Property and all uses of the Property have been and presently are in
compliance with all Federal, State and Local laws, regulations and ordinances,
including environmental laws, and that the Grantor has no knowledge of any spill
or environmental law violation on any property contiguous to or in the vicinity of
the Property: and that Grantor 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/or acceptance and is not deemed satisfied by conveyance of title.
16. Grantor shall indemnify, defend and hold Collier County harmless against and
from any and all damages, claims, liabilities, actions, expenses, penalties, fines
and costs (including attorney's fees and expenses) incurred by or asserted
against Collier County by reason of or arising out of the breach of Grantor's
representations under Paragraph 15 above, irrespective of whether Affiant was
negligent in the making of these representations.
17. There are no unrecorded deeds, judgments, liens, mortgages, easements or
rights of way for users, claims, boundary line or other disputes, or demands of
any nature asserted against or affecting the Property.
18. There are no matters pending against Grantor that could give rise to a lien that
would attach to the Property, or cause a loss of title, or impair title between the
effective date of the title insurance commitment (or title search showing
ownership and encumbrances) and the time of recording of the instruments
evidencing the County's fee simple or other interests in the Property: and that
Grantor has not executed and will not execute any instrument that would
adversely affect the title to the Property from the date of this Affidavit forward.
19. If the conveyance is of fee simple and by purchase, Grantor agrees that in the
event the current real and personal property taxes vary in amount from the
figures used in making the prorations used in closing the conveyance of the
Property to County, then a new proration and a correct and proper adjustment
shall be made upon demand. Grantor understands that all taxes, maintenance
charges and assessments due from Grantor for which a bill is rendered prior to
closing will be charged against Grantor on the closing statement.
1 1 E
20. If the Property is improved property, then Affiant is the owner of said property,
and there are no claims, liens, security interests, claims or demands of any kind
against the furniture. equipment, fixtures and personal property located on the
Property and being sold as part of this transaction.
21. If the subject Property hereto is rental property, Grantor hereby represents that
Grantor has paid all sales taxes due to the State of Florida to date and will pay
any remaining taxes due in respect to said premises before due and will
indemnify and hold harmless Collier County from Grantor's failure to do so.
22. Grantor agrees to fully cooperate with Collier County when necessary to correct
an error discovered after closing and. in doing so. to execute, without delay, any
corrective instrument(s) needed in order to effectuate the intent of the parties to
this transaction. This provision shall survive closing.
23. Grantor understands that this certification may be disclosed to the Internal
Revenue Service by Collier County and that any false statements made here
could be punished by fine, imprisonment, or both. Grantor further authorizes the
submission of this affidavit if and when required.
24. Under penalties of perjury, I, the undersigned affiant, state that I have examined
this affidavit and to the best of my knowledge and belief it is true, correct and
complete as of the date of execution hereof: that 1 am authorized to execute this
affidavit as or on behalf of Grantor and to bind Grantor thereby: that 1 will
immediately notify Collier County of any change to the representations contained
herein and that, in the absence of such notification. Collier County may rely on
the representations contained herein on the day of closing: that Grantor intends
for Collier County. its agents and attorneys. the title company issuing the title
policy (if title insurance is to be issued), its underwriter and its employees, any
escrow/settlement agent and other parties and their attorneys participating in this
transaction, to rely on these representations. and Grantor will indemnify said
parties for all damages. loss, liability. claims. cost and expenses. including
attorney fees. which arise out of or result from their reliance upon these
representations. irrespective of whether I was negligent in making these
representations or executing this Affidavit.
WITNESSES:
1.1 r.tonQ�.16" rcZ..__
(Sig ) JUAN TINAJERO JUAREZ
(Print Name)
(signature)
f6iht-iN ;4,, z C y
( rint Name)
11E
STATE OF w
COUNTY OF: E 1 i'r'
Sworn to and subscribed before me this/1 day of / ee,/Y..C/!r . 2017, by
JUAN TINAJERO JUAREZ.who is:
personally known to me.
OR.
who has produced as proof of identity.
(affix notarial seal)
(Signature of Notrif ubli
^'„',>:6,., DELHI 5.PANTOJA
U •/ Notary
oC ryP ollic-S6G o Florida (Print Name of Notary P lic) �/y� :
Serial/Commission#(if any.):
$:` My Comm.Expires Sep 30,2021 11My Commission Expires: 7—•�O�i2 1�
11 ,,
• ,°`„ ••• Bonded through Natioral Notary Assn.
Approved as to form and legality:
(7, 031,9
Jennifer A.Belpedie
Assistant County Attorney
Last Revised 9/3/2015
I
I GOLDEN GATE BOULEVARD (CR 876)
y 85+00 286+00 I 282•00 288.00 289+00 290+00 29 1 1 E
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8 I PROPOSED ROADWAY EASEMENT
PARCEL 470 RDUE I I
3.075 50 FT
i
I i
I 1 i TRACT 118
GOLDEN GATE ESTATES
3 TRACT 117 I UNIT 80 ' TRACT 135
i PLAT BOOK 5 PAGE 18 i {
i I i 6ERGGREN &
I EAS' 75' 0c { I COGBii
2 ;WEST 150' 0•1 i OR 3245/1427
'RACT 118 I
P V.LAMIZAR. M'NZE". M'h ZEY.a 'VIL LAMIZAR & E I
VILLAMIZAR MiNZE Y & M'NZEY
j OR 4368/'30' OR 3827/3306,
m •
MOORS
j OR 3229/28'4 1
N •
l W c
a S
I irk
S0. F SQUARE FEE' , ims
OR OFFiciAL RECORDS (BOOK/PAGE)
rX X'1, PROPOSED ROADWAY, DRAINAGE AND 00: TY EASEMENT (RDUE)
17—T? EXIST'NG ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
../7) USE OF THE PUBLIC PER PLAT BOCK 5, PAGE '8
LEGAL DESCRIPTION FOR PARCEL 470 RDUE
A PCP-ION GE TRACT ''E,GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT 800K 5. PAGE '8 OF 'THE
"LBLIC RECORDS OF CCLL',ER COUNTY. FLORIDA. LYING ,N SEC`ICN 5, TOWNSHIP 49 SCUT~. RANGE 28 EAST,
COLLIER COUNTY, FLORI7A, BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS.
THE SOUTH 49 FEET OF THE NORTH 99 FEET OF THE EAST 75 FEET OF THE WEST 15O FEE" OF SAO TRACT '1E.
CCNTAIN!NG 3,675 SO'JARF FEET MORE OR LESS '
•
TECM-ROW
FEB 0 1 2010
tetifr_____,
0 40 90 16 0
�,,,.
°�
SKETCH & DESCRIPTION ONLY SWAM A" "D'�0t.&APPEA
NOT A BOUNDARY SURVEY SCALE:I'-e0'
Kr,vA1.20 M1NDUt'NE OAWPML •WI=EdeOSSED SEH OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A n.como,6EGISFEAED 51AORFOO"w ewPEa.
GOLDEN GATE BOULEVARD `\ Nis
Vy�
,5
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT , &
PARCEL 470 RDUE sena Vi&or Pe"i 0""''S'Pei 103 •
Nap...Florida 3009
COLLIER COUNTY. FLORIDA Phmw,(239)6975570 FAX 83866970678
Le N6..6862
JOY NUMBER REV SON SECUON TOWNSHIP RACE SCA.. DATE DRAWN 8" ...E NAME SHEET
05021700'3' 000' '.E\ C' 5 49 28 - 80 DEC. 2009 '3.W TK 47C
1 1 E
Taxes for the year 2017 and subsequent years, which are not yet due and payable.
Any County and/or municipal resolutions for public improvements or special assessments
which are not recorded or are not properly recorded in the public records and which do
not provide notice to the owner of record in the public records.
or
Any lien provided by Chapter 159, Florida Statutes, in favor wcity,f any ytownsewer or ,gvillages stem
port authority for unpaid service charges for service by Yater,
supplying the insured land.
Resolution Establishing Suburban and Agriculture Subdivisions,
dated
t the March
7,
c R 961da 1 and
recorded March 13, 1961 in Official Records Book 80, Page
f
Collier County, Florida.
Restrictive Covenants executed by Gulf American Land Corporation, a Florida corporation,
dated January 16, 1963 and recorded February 7, 1963 in Official Records Book 131, Page
595; Addition No. 1 Restrictive Covenants and Right of Way Easements recorded May 24,
1963 in Official Records Book 141, Page 256; Release of Right-of-Way Easement recorded
in Official Records Book 1059, Page 631, all of the Public Records of Collier County,
Florida.
Ordinance No. 75-20 as to regulating the installation of any water distribution and
wastewater collection system, dated May 5, 1975 and recorded May 19, 1975 in Official
Records Book 619, Page 1177, of the Public Records of Collier County, Florida.
Ordinance No. 75-21 as to protective trees, dated May 6, 1975 and recorded May 19,
1975 in Official Records Book 619, Page 1182, of the Public Records of Collier County,
Florida.
Ordinance No. 75-24 as to zoning regulations, dated May 7, 1995 and recorded May 19,
1975 in Official Records BooK 619, Page 1191, of the Public Records of Collier County,
Florida.
Resolution establishing the Immokalee Planning Area and the Coastal Planning Area,
dated May 4, 1976 and recorded May 6, 1976 in Official Records Book 649, Page 1239, of
the Public Records of Collier County, Florida.
Subject to the rules and regulations of surface and ground water utilization as set forth in
Constructive Notice and Demand dated March 31, 1989 and recorded March 31, 1989 in
Official Records Book 1428, Page 2003, of the Public Records of Collier County, Florida,
of the Public Records of Collier County, Florida.
Restrictions, conditions, reservations, easements and other matters contained on the plat
of Golden Gate Estates, Unit No. 80, as recorded in Plat Book 5, Page 18, of the Public
Records of Collier County, Florida.
1 1 E
PROJECT: 60145 Golden Gate Boulevard
PARCEL No(s): 47ORDUE
FOLIO No(s): Portion of 40870480001
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
THIS EASEMENT, is made and entered into this j„ day of ja&r.,&e ,h,61A
2017, JUAN TINAJERO JUAREZ, a married man, whose mailing address is 4020
Golden Gate Blvd. E, Naples, FL 34120, (hereinafter referred to as "Grantor"), to
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 "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.
Grantor and Grantee are used for singular or plural, as the context requires.)
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 and Utility Easement to enter upon and to
install and maintain roadway, bikepath and sidewalk improvements, drainage structures,
including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall
systems, underground pipes, various types of water control structures and any and all
manner of public and private utility facilities over, under, upon and across 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 NOR IS IT CONTIGUOUS THERETO
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter
upon said land and to place and/or excavate materials for the purpose of constructing,
operating, and maintaining roadway, sidewalk, drainage and utility facilities thereon.
"Utility facilities" includes public as well as private utilities, such as electric, telephone and
cable television, but only if such facilities have Collier County's consent and proper
authorization. This easement includes the right to remove and use any and all excavated
material. The easement granted herein shall constitute an easement running with the
land and shall burden the lands described above.
THIS CONVEYANCE ACCEPTED BY THE
This property has been acquired under BOARD OF COUNTY COMMISSIONERS,
mat of condemnation and is exempt COLLIER COUNTY,FLORIDA.
documentary stamp tax. PURSUANT TO AGENDA.
DATED: .a 7- 1-J ITEM NO.Ile. I
1 1 E
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
WITNFSSES'
1 On -rill on iv /7/o'rc2
W s(Signature) JUAN TINAJERO JUAREZ
(Print Name)
eiri-- -1--N ,
Witness (Signature)
t. t . ,ri r_illAZI
(Print Nine)
STATE OF1�/�f
£
COUNTY OF ' it
The foregoing Roaci Right-of-Way, Drinage and Utility Easement was acknowledged
before me this /-W' day of/)' 'mfjf', 2017, by JUAN TINAJERO JUAREZ, who:
is personally known to me OR
produced as proof of identity.
i i
(affix notarial seal)
(Signa ure of Nota5 Pu e"c)
r s
7)//' /X i
DELHI B.PANTOJA (Print Name of Notary.Public)
` _•:., Notaryyubii<-StateofFlortda Serial/ Commission #(if any):
CommissionGG110881 MI
My Commission Expires:
`a,V " ` My Comm.Expires Sep 30,2021
OFF, Banded through Nation al Notary ASsr.
Approved as to form and legality:
I
, %g:ik.
-StoVN 'Ft, , daL.? bt0
Assistant County Attor
Last Revised: 06/23/15
1 1 E
1 GOLDEN GATE BOULEVARD (CR 876)
288+00 289.00 290+00 29
g SSi 00 ` 2b5�t1•v_��__ 287-W 1
F_ ' PON/ O°
�50
. 4 A i _
III 1
4.• }a_ .. o. I
� PROPOSED ROADWAY EASEMENT
i PARCEL 470 RDUE
3.675 SO FT I
I i
i f j TRACT 118
GOLDEN GATE ESTATES
TRACT 117 UNIT 80 I TRACT 135
s PLAT BOOK 5 PAGE 18
8BERGGREN &
EAST 75' 0=
COGB!LL
f (WEST 150' OF 1 OR 3245/1427
TRACT 118
VIVLL_IAMMiZIARZAR, MIN .
, I
E
OR 4368./'301 CR 3827/3306
iI I ,
OR 32209/28'41 I
N
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EXHIBIT - ,
3
SO. FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK/PAGE`
C X x PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (R030)
EXISTING ROADWAY CASEMENT DEDICATED TO THE PERPETUAL
=
USE OF THE PUBLIC PER PLAT 800K 5, PAGE 18
LEGAL DESCRIPTION FOR PARCEL 470 ROUE
A ORDED IN PLA- BOOK 5, PAGE '8
PORIION OF TRACT 118,GOLDEN
OF COLLIER COUNTYTFLORIDA,E SLYING TIN SECTION 80 AS 5, OF
5, TOWNSHIP 49 SOUTH. RANGE 28
PUBLICEAST,
COLLIER COUNTY. FLORIDA, BE'NC MORE PARTICULARLY DESCRIBED AS FOL_OWS.
THE SOUTH 49 FEET OF THE NORTH 99 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 118.
CONTAINING 3.675 SQUARE FEET. MORE OR LESS.
TEN-ROW
FEB 0 1 2010
ite i�
I
0 40 80 180
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SKETCH & DESCRIPTION ONLY I pww 0,�`c/w '
St,NKvOA ,47.7.E9P
WOVE
NOT A BOUNDARY SURVEY SCALE.IT-80' i WAD EN909fE9 SEAL a
NV.1.91amour/NE 09K.9NL
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A rr019D,aramitaeo 41.99r709""D WPPER,
GOLDEN GATE BOULEVARD purc
Pbelas
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT se,. A40.,
PARCEL 470 RDUE 6610 Moog Pa*Pse.Wm 100
.4991..,AwEs 34199
COWER COUNTY. FLORIDA en....:(239)597 0573 PAI(2981597 79
LB Ne..6952
JOB NUMBER REVISION SECTION C'NNSHIP R4\GE SCA. DATE I DRAWN BY I FILE NAME I SHEET
050211.00.01 00011 REV 01 1 5 I� 49 I 2K I" - 80 DEC- 2309 OW,. SK 470 i
1