Parcel 161Date:
To:
From:
Re:
August 6, 2003
Debbie Armstrong, Property Acquisition Specialist
Transportation/ECM/Right-of-Way
Trish Morgan, Deputy Clerk
Minutes & Records Department
Easement Agreement:
Parcel #161
Golden Gate Pkwy. Proj. 60027
Enclosed please find one (1) original document as
referenced above, (Agenda Item #16B1), authorized by the
Board of County Commissioners on April 23, 2002 for the
Golden Gate Parkway Project.
Once the document has been used for closing and recorded,
please have it forwarded back to the Minutes and Records
DepArtment for our records.
If you should have any questions, please contact me at
extension 8406.
Thank you.
Enclosure
TO:
FROM:
DATE:
RE:
(OFFICE OF THE
Memorandu ,, Nn, ^ oR 4t
U~.J
Sue Filson
Executive Manager
Board of County Commissioners
Debbie Armstrong ~
Acquisition Specialist~ '
Transportation - Right-of-Way Office
August4,2003
Golden Gate Parkway, Project No. 60027
Parcel 161
Transmitted for your further handling is an Easement Agreement for a Road right-of-
way, drainage and utility easement for the Golden Gate Parkway project, which the
Board authorized the Chairman to execute on its behalf on April 23, 2002, Resolution
2002-203 Item 16B1.
Please have the Chairman execute the attached Easement Agreement and forward to
the Clerk for attestation. The instrument may then be returned to this office.
Pleasedo not hesitate to call (213-5874) if you have any questions or if I may be ,of any
assistance. Thank you.
Thank you.
Attachment
Transportation Right-of-Way Office
PROJECT: 60027
PARCEL: 161
FOLIO: Portion of 38168760005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this //~ day of :~J~'-~,- y ,2003, by and between
NICOLA DISARRO AND JEAN DISARRO, husbandAnd wife, (hereinafter collectively
referred to as "Owner"), whose mailing address is 5724 Golden Gate Parkway, Naples,
FL 34116-7461, 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 utility facilities 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 $28,014.00,
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 expert witness fees and costs as provided for in Chapter 73, Florida
Statutes. Attorney's fees in the amount of $1,786.62 shall be paid to Kenneth A.
Jones, Esq., Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL
33901-2904.
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
aY~d/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 dght 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.
Easement Agreement
Page 2
o
o
o
10.
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.
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 conti[juous 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.
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
Purchaser. Purchaser 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 wdtten 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 govemed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
this
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
~-.I,k day of ~,U9 ~ ,2003.
Date Easement acquisition approved by BCC: April 23, 2002, Resolution 2002-203,
Item 16B1
AS TO PURCHASER:
DATED:
. . ,~-.';~
ATTEST;,?? ..........
DWIGH~'~-E,~ BRb~
'..~:;;;t~ ~ DepUtY~le~
Attes~ 'a~.~?~ 'Chi
AS TO OWNER:
Witnoss~i~natt
(~rint or T
~itnoss~i~nat~ro~
Name: ,.Jd~/~
(Print or Type)
TOM HENNING, Chairman
NICOL/~,'DISARRy~
(Print or 'l'ype)
'
Witness (Sign'atur~
Name: ,..q~J~v,c
(Print or Type)
JE~//~ DISARF~
Approved as to form and
leg. g.g~ sufficiency.~q, ,¢
,.~/L~l'l~n TT'C R'ad~"~il
Assistant County Attorney
.J--
POINT OF 1___~,
COMMENCEMENT
NW CORNER
TRACT 97
!
UNE TABLE
UN.E; BEARING LENGTH
L'~ ~00'~7',~8'E .50.00
L2 N89'~1 '~7"1~ 105,05
L,3 S. O0'27'.SB'E 64.15
L4 NO0',2, 7'58"W 58.70
EXI _B_IT A
GOLDEN GATE PARKWAY (CR 886)
ROADWAy EASEMENT PER PLAT
BASELINE OF SURVEY
cu.vE I LENGTH I RADIUS I
, Cl 1 o6.2opo72.ooI
N89'31'37"E 1~20.06' '
%,
~ [' BEOINltll'tOL
PROPOSED RIOltl- OF-WAY
CURVE TABLE
DELTA CD
1'57'45" 105.19
TRACT 92
c.I
N67'30' 15"W
DI SARRO, A.
OR 890/111
b82+oo
TRACT 97
;OLDEN GATE ESTATE
UNIT 50
PLAT BOOK 7 PAGE 58
l PERPETUA J, NON-EXCLUSIVE '
P, ,RCEL 161
,465 sq. ft.
- EXISTING ROADWAY EASEMEN*
THE PERPETUAL USE OF
PLAT BOOK 7, PAGE
PROPOSED ADDITIONAL RIOHT-C
DI SARRO, N.
OR 2218/1320
33o (PLAT)
DEDICATED TO
PUBUC PER
~8
F-WAY
SALZMANN
OR 2236/1816
I D'
LEGAL DESCRIPTION FOR PARCEL 161
TRACT 1 13
TRACT 1 14
EXl-IBIT
Page,, I_ of I
A PORTION OF TRACT 97 GOLDEN GATE ESTATES, UNIT .30 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 A~' THE NORTHWEST CORNER OF SAID. TRACT 97; THENCE N.89'31'57"E., ALONG THE
NORTH LINE OF SAID TRACT 97, A DISTANCE OF 120.06 FEET, TO THE WEST LINE OF LAND
DESCRIBED IN OFFICIAL RECORDS BOOK 2218, PAGE. '1.320 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE S.00;27'58"E., ALONG THE SAID WEST LINE, 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 N.89'51'ST'E., ALONG THE SAID SOUTH LINE, A DISTANCE OF 105.05 FEET, TO THE EAST
LINI~ OF SAID OFFICIAL RECORDS BOOK;
THENCE S.00'27'58"E., ALONG THE SAID EAST LINE, A DISTANCE OF 64.15 FEET;
THENCE LEAVING THE SAID EAST LINE, 105.20 FEET ALONG THE ARC OF A NON-TANGENTIAL
CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 3072.00 FEET THROUGH A CENTRAL ANGLE
OF 1'57'43" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.B7'`30'15"W., A DISTANCE OF
105.19 FEET, TO THE SAiD WEST LINE;
THENCE N.OO'27'5§"W., ALONG THE SAID WEST LINE, A DISTANCE OF 58.70 FEET, TO THE POINT OF
BEGINNING.
CONTAINING 6,485 SQUARE FEET, MORE OR LESS.
8[ARING$ ARE BASED ON NORTFI AMERICAN OATUM
(N,A.D) 1988-t990 ADdUSTMENT STATE PLANE
COORDINATE SYSTEM (GRID) FOR FLORIDA EAST
ZONE.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
4O 8O
SCALI~: 1 "=8,0'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
BY:-RO-G--E.-R"G'-"--CARTE~'~'-P~'(~FZSSIONAL SURVEY, OR 4,: MAPPER
~'LURIDA REGISTRATION CERTIFICATE NO. 5702
NOT VALID WITHOUT THE ORIGINAL SIGNATURE ,t, R, MSED EMBOSSED SEAL C
A FLORIDA REOISTER£O PROFESSIONAL SURVEYOR AND MAPPER.
J 9-26-02 REC
P:\Lond Projects R2\Ol-OO15\dwg\Revlsed Fees 8-26-02\O015SK16Ldwg
GOLDEN GATE PARKWAY IMPROVEMENTS
SKETClt & DESCRIPTION OF: PERPETUAL. NON-EXCLUSIVE ROAD
RIGHT-OF-WAY. DRAINAGE AND UTILITY EASEMENT
PARCEL 16I
COLLIER COUNTY,' FLORIDA
JOB NUMBER J REVISION J SECTION J TOWNSHIP J RANGE J SCALE DATE
INDEX NO.: Sep 26, 2002 - 08:54:17
3050 NORTH HORSP.~HOB DRIVE, S~JITlt 270
NAPf..~, FLORIDA 34104
Pb. (941) 649-1509 F~ {941) 649-7056
LB No.: 69~2
001§SK161 1 OF