Parcel 174PROJECT: 60027
PARCEL: 174
FOLIO: Portion of 38167000009
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this .g-r~{ day of '79q~a_f/~ , 2003~ by and between CHARLES
ROTH AND LINDA ROTH, husband ant~/fwife (hereinafter collectively referred to as
"Owner"), whose mailing address is 232 Cedar'" Street, Wellesley Hills, MA 02481-5436, and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns
(hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for road right-of-way,
drainage and utilities over, under, upon and across the lands described in Exhibit "A" (hereinafter
referred to as the "Easement"), which is attached hereto and made a part of this Agreement; and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement;
NOW THEREFORE, in consideration of these premises, the sum of Ten and No/100
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:
o
Owner shall convey the Easement to Purchaser for the sum of $10,600.00, payable by County
Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full
compensation for the Easement conveyed, including all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and for any damages resulting to Owner's
remaining lands, and for all other damages in connection with conveyance of said Easement
to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in
Chapter 73, Florida Statutes.
Prior to Closing, 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. Owner shall provide such instruments,
properly executed, to Purchaser on or before the date of Closing.
Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that
therefore Closing shall occur within sixty (60) days from the date of execution of this
Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right
to extend the term of this Agreement pending receipt of such instruments, properly executed,
which either remove or release any and all such liens, encumbrances or qualifications
affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in
a form acceptable to Purchaser.
Owner is aware and understands that the "offer" to purchase represented by this Agreement is
subject to acceptance and approval by the Board of County Commissioners of Collier
County, Florida.
o
o
o
10.
11.
Owner represents that 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 Purchaser; 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 Purchaser, 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.
Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and
to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws,
costs and expenses (including without limitation reasonable paralegal and attorney fees and
expenses whether in court, out of court, in bankruptcy or administrative proceedings or on
appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising
out of the breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
The Purchaser shall pay for all costs of recording the conveyance instrument in the Public
Records of Collier County, Florida. All other costs associated with this transaction including
but not limited to transfer, documentary and intangible taxes, and recording costs for any
curative instruments shall be borne and paid by Owner. Owner shall be responsible for
paying any costs and/or fees associated with securing and recording a Subordination, Consent
& Joinder of Easement of the mortgage(s) recorded against the property underlying the
Easement from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser.
This Agreement and the terms and provisions hereof shall be effective as of the date this
Agreement is executed by both parties and shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, executors, personal representatives, successors,
successor trustees, and/or assignees, whenever the context so requires or admits.
Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or
premises other than those so stated above; and the written Agreement, including all exhibits
attached hereto, shall constitute the entire Agreement and understanding of the parties, and
there are no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
If the Owner holds the property 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, 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
Purchaser, its successors and assigns. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes,
whose stock is for sale to the general public, it is hereby exempt from the provisions of
Chapter 286, Florida Statutes.)
This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITIxJESS WHEREOF, the parties hereto have executed this Agreement on this
day of ~~<~',/// , 2003.
Date Easement acquisition approved by BCC: April 23, 2002, Resolution 2002-203.
AS TO PURCHASER:
ATTEST:
DWIGHTE. BROCK, Clerk
- ~. ,77
AS TO O~R:
~itness,(Si~ ta!~re) ~ , ,
Name:
~tn~ (~¢ature) ~ Name:
(P n't or Wy e -
AS TO OWNER:
DATED: kj /~ '~/~'~"3
Witness (Signature)
Name: L-,.7~,~d (:( C_
.. ~t or-t~
Name: ~g/~ ~/~~c~
(Phnt or Type)
Approved as to form and
legal sufficiency:
JEllen T. Chadwell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
T OM'"~N"~G, '~ ~i rTma~n'X~
CHARLES ROTH
LINDA ROTH
TRACT 79
ROTH
OR 1218/169~
IIBIJI' A
TRACT 80
GOLDEN GATE ESTATES
UNIT 30
PLAT BOOK 7 PAGE 58
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE
AND UTILITY EASEMENT
PARCEL 174
4,370 sq~ ft.
EX]
O,NT OF
LCOMMENCEMENTJ
NE CORNER
TRACT 80
TRACT 9.5
RYAN
OR 1859/2067
TRACT 96
GOLDEN GATE ESTATES
UNIT 30
PLAT BOOK 7 PAGE 58
I'~'"~PROPOSED RIGHT-OF-WAY
16o' ORA,"~E E~SE.ENT
660' (PLAT)
LINE TABLE
LINE BEARING LENGTH
L1 S89'52'30"W 30.00
L2 S89'25'0T'w 25.00
L5 N56'55'20"E 29.68
-h
660' (PLAT)
F///J
EXISTING ROADWAY EASEMENT DEDICATEO TO
THE PERPETUAL USE DF THE PUBLIC PER
PLAT BOOK 7, PAGE 58
PROPOSED ADDITIONAL RiGHT-OF-WAY
LEGAL DESCRIPTION FOR PARCEL 174-
A PORTION OF TRACT 80 GOLDEN GATE ESTATES, UNIT 50 AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SITUATE IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHEAS- CORNER OF SAID TRACT 80; THENCE S.00'27'50"E., ALONG THE EAST LINE OF SAID
TRACT 80, A DISTANCE OF 165.80 FEET; THENCE LEAVING THE SAID EAST LINE, S.89'52'09"W., A DISTANCE OF
50.00 FEET, TO A POINT ON THE WEST LINE OF A ROADWAY EASEMENT (60' WIDE) AS PER SAID PLAT AND BEING
THE POINT OF BEGINNING;
THENCE S.00'27'30"E., ALONG THE SAID WEST LINE, A DISTANCE OF 182.76 FEET, TO A POINT ON THE NORTH LINE
OF A (160' WIDE) DRAINAGE EASEMENT AS PER SAID PLAT;
THENCE S.89'25'07'W., ALONG THE SAID NORTH LINE , A DISTANCE OF 25.00 FEET;
THENCE LEAVING THE SAID NCRTH LINE, N.OO'27'30"W,, A DISTANCE OF 168.81 FEET; ..
THENCE N.56'55'20"E., A DISTANCE OF 29.68 FEET, TO THE POINT OF BEGINNING;
CONTAINING 4,370 SQUARE FEET, MORE OR LESS. .Y . "-
(NA.B.) 1988-1990 ADJUSTMENT STATE PLANE ':'] ~"~ ,.
COORDINATE SYSTEM (GRID) FOR FLORIOA EAST
SKETCH & DESCRIPTION ONLY o 40 BO 160 BY:
ROGER G, CA~R. PROFESSIONAL SURVEYOR ~c MAPPER
NOT A BOUNDARY SURVEY FLORIDA REGI~TRATli~t~CERTIFICATE N~)~ 5702
NOT VALID WITHOU[ THE ORIGINAL SI~;NATURE & RAISED EN~BOSSED SEAL OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTEREO PROFESSIONAL SURVEYOR AND MAPPER.
GOLDEN GATE PARKWAY IMPROVEMENTS
SKETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
PARCEL 174
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION I SECTION I TOWNSHm I RANGE I SCALE I DATE
iNDEX NO.: Oct 02, 2002 - 08:47:22
3050 NORTH HORSESHOE DRIVE, SUITE 270
NAPLES, FLORIDA 34104
Ph. (941) 64%1509 Fax (941) 649-7056
LB No.: 6952
J DRAWN 13Y FILE NAME ! SHEET
REC O01 5SK 1 74 1 OF 1
P:~Lond Projecls R2\Ol-OOfS\dwg~Revlsed Fees g-26-O2\OOlSSKl?4, dw9