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Parcel 131MEMORANDUM DATE: May 22, 2003 TO: Ms. Sue Filson, Administrative Assistant ~4~Margaret J. Kreynus, Acquisition Specialist FROM: RE: Easement Agreement Golden Gate Parkway, #60027, Parcel No. 131 Ralph P. Ferrara et al Attached is a copy of the Easement Agreement in the amount of $6,400.00 ready for execution by Chairman Tom Henning. This represents a settlement in the amount of the County's offer. Resolution No. 2002-203, adopted by the Board of County Commissioners on April 23, 2002 (agenda item no. 16B1), authorized the acquisition of easements and/or fee simple parcels required for the construction of the six lane improvements to Golden Gate Parkway, and further authorized its Chairman to execute various Agreements on behalf of the Board. Most recently, January 14, 2003, the Board adopted Resolution No. 2003-37 (agenda item no. 10 A) authorizing the acquisition of right-of-way by condemnation, if necessary. Please ask Chairman Henning to execute the attached Easement Agreement on behalf of the Board of County Commissioners, and forward to the Clerk of Minutes and Records for attestation. Thank you. PROJECT: PARCEL: FOLIO: Golden Gate Parkway, 131 38105920002 #60027 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ~ day of Q'~ ,2003, by and between, RALPH P. FERRARA, as to an undivided 1/5 interest, whose mailing address is 1539 Bayberry Lane, Point Pleasant, NJ 08742; KATHRYN E. FERRARA as to an undivided 2/5 interest, whose mailing address is 17 Hobart Avenue, Short Hills, NJ 07078; MARIE EVANS, as to an undivided 1/5 interest, whose mailing address is 226 Hancox Avenue, Nutley, NJ 07110; and THEODORE EVANS, as to an undivided 1/5 interest, whose mailing address is 195 Farnham Avenue, Lodi, NJ 07644 as Tenants in Common, (hereinafter collectively referred to as "Owner") 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 road right-of-way, drainage and utility easement 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; 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 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: Owner shall convey the Easement to Purchaser for the sum of $6,400.00, 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 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. 10. 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.) 11. 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 this ~g-~day of ~ ,2003. Dated Project/Acquisition Approved by BCC: Gift and Purchase Resolution No. 2002-203, Agenda Item No. 16B1, Date 4/23/2002 Condemnation Resolution No. 2003-37, Agenda Item No. 10A, Date 1/14/2003 AS TO PURCHASER: DATED: 5-~-~ ~0-~ ATTEST: , DWIGH~~;K, Clerk AS TO OWNER: DATED: Witness (Si~naturo) Name: _/ (Print or Type) Wit~ess (Signeted)' (Print or Wit~es~¢Si~nature) (Print or Type) Witness (Signature) (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~'~ .~/..' T o m~:~ ~n~'~ h~n'"'""~ RALPH P. ? /KA~~'Y~N t~ i~ERkARA DATED: ~.~ /'~',,,~L~ (Signature) ~ (P. rint or Type) Wit.s ~S¢gnature) (Print or Type) MAi:tIE EVANS DA~ED' "~"-/?-O~' ~ri~s (Signature) (P~ or Type) Wit&)ss ~ignatur~ Namb: .)0 ~ ~ (Print or Type) THEODORE Approved as to form and legal sufficiency: Assistant County Attorney GOLDEN GATE PARKWAY (CR 886).-mm¢x,~-¢.;~,Tr-----.~'b ROAOWAY EASEMENT PER PLAT v~,_.,..~,~.,~ ~ / BASELINE OF SURVEY NE CORNER 5~+0o 5~3+o0 5~,~+o0 TRACT 65 ~.o~ ~. 1 O' 5171+OO x.\ 5Y i PROPOSED RIGHT-OF-WAY - R ' AND UTILITY EASEMENT  I PARCEL 131 ~ LINE TABLE --' [ 4,005 sq. ft. I LINE : BEARING LENGTH L1 SO0'2T27"E 50.O0 L2 S00'27'27"E 3~.92 ' L3 N82'21 '26"W 56.24 L4 NO0'27'30"W 23.90 , I TRACT 65 GOLDEN GA~E ESTATES q UNIT' 29 TRACT 56 PLAT BOOK '7 PAGE 57 ~ TRACT 66 I ~- ~ THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 57 ' ~:~-~--,~ = PROPOSED ADDITIONAL RIGHT-OF-WAY BEARINGS ARE BASED ON NORTH AMERICAN OAFUM (N.A,G.) 1988-1990 ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR FLORIDA EAST ZONE, KELLY FERRARA, K. OR 2506/515 OR 2624/.3459 .~ 330 (PLAT) LEGAL DESCRIPTION FOR PARCEL 1,3t A PORTION OF TRACT 65, GOLDEN GATE ESTATES, UNIT 29 AS RECORDED IN PLAT BOOK 7, PAGE 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SITUATE IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY BESCRIBED AS FOLLOWS. COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 65; THENCE S.00'27'27"E., ALONG THE EAST LINE OF SAID TRACT 65, A DISTANCE OF 50.00 FEET, TO A POINT ON THE SOUTH LINE OF A ROADWAY EASEMENT (100' WIDE) AS PER SAID PLAT AND BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE SAID EAST LINE, S.O0"27'2T'E., A DISTANCE OF 33.92 FEET; THENCE LEAVING THE SAID EAST LINE, N.82'21'26"W. A DISTANCE OF 56.24 FEET; THENCE N.89"12'OO"W., A DISTANCE OF 9.3.67 FEET, TO THE WEST LINE OF LAND DESCRIBED 1N OFFICIAL RECORDS BOOK 2624, PAGE 5459 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.00'27'50"W., ALONG TNE SAID WEST LINE. A DISTANCE OF 23.90 FEET, TO THE SAiD SOUTH LINE; THENCE N,89'31'37"E., ALONG THE SAID SOUTH LINE, A DISTANCE OF 149.33 FEET, TO TH~ POINT OF BEGINNING. SKETCH & DESCRIPTION ONLY ~ ROGE O. CARTj~, PROFESSIONAL SURVEYOR & MAPPER NOT A BOUNDARY SURVEY FLORIDA REGISTRATION CERTIFICATE NO. 5702 SIGNING DATE: NOT VALID WITHOUT THE ORIGIhlAL SIONATURE& I~'AISED EMBOSSED SEAL/O'; FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPpE:N... GOLDEN GATE PARKWAY IMPROVEMENTS )'~7"imr'"c' ',:., SKETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT ~ PARCEL 1 3 1 3050 NORTH HORSESHOE DRIVE, SUITE 270 NAPLES, FLOR]DA 34104 COLLIER COUNTY, FLORIDA PI,. (941) 649-1509 Fax (941)649-7056 LB No.: 6952 O1-O015,11 2 50 49 26 Il "=,,,8o' 9-13-O2 REC 0015SK131 1 OF 1 LINE TABLE LINE BEARING LENGTH L1 S00'27'27"E 50.00 L2 S00'27'27"E 2'33,92 L3 N82'21 '26"W 56.24 L4 NOO'27'30"W 23.90 \Land Projects \01-O015\dwg\Revised Fees 8-26-02~O015SK131.dwg EXHIBIT B Conditions, restrictions and limitations, together with easements reserved for public utility purposes as shown on the plat recorded in Plat Book 7, Page 57, Public Records of Collier County, Florida. Restrictive Covenants common to the subdivision as recorded in O.R. Book 212, Page 517 and O.R. Book 156, Page 485 as referenced on O.R. Book 212, Page 517, Public Records of Collier County, Florida. 3. Restrictive Covenants common to the subdivision as recorded in O.R. Book 245, Page 510, Public Records of Collier County, Florida. Easement by and between Gulf American Corporation, a Florida Corporation, and All Future Owners of land, as recorded in O.R. Book 245, Page 515; and as Partially Release by Release of Right-of-Way Easement recorded in O.R. Book 1059, Page 631, of the Public Records of Collier County, Florida. Ordinance No. 75-20, filed May 19, 1975 in O.R. Book 619, Page 1177 of the Public Records of Collier County, Florida, regulating the installation of any water distribution system and wastewater collection system within a public right-of-way or easement. Ordinance No. 75-21, filed May 19, 1975 in O.R. Book 619, Page 1182 of the Public Records of Collier County, Florida, protecting certain trees within Collier County. Ordinance No. 75-24, filed May 19, 1975 in O.R. Book 619, Page 1191 of the Public Records of Collier County, Florida, regulating and restricting the creation, construction, alteration, etc. of buildings, locations, etc. Resolution by the Board of County Commissioners Establishing the Immokalee Area Planning District and the Coastal Area Planning District as recorded in O.R. Book 649, Page 1239, Public Records of Collier County, Florida. 9. Collier County Ordinance No. 90-30 referred to as the "Collier County Mandatory Solid Waste Collection and Disposal Ordinance", as amended.