Parcels #147 & #947MEMORANDUM
DATE:
TO:
FROM:
August 15, 2003
kd~Is. Sue Filson, Administrative Assistant
Margaret J Kreynus, Acquisition Specialist
Easement Agreement
Golden Gate Parkway, #60027, Parcel No. 147, 947
Alfred B. Southall, Jr., Individually and as Trustee
Attached is a copy of the Easement Agreement in the amount of $7,750.00 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: 60027
PARCEL Nos.: 147, 947
FOLIO NOs.:
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this (~k day of f:~dS.,~ , 2003, by and between
ALFRED B, SOUTHALL, JR., INDIVIDUALLY AND AS TRUSTEE OF THE ALFRED
B. SOUTHALL, JR. REVOCABLE TRUST AGREEMEENT DATED 20TM DAY OF
APRIL, 1999 (hereinafter referred to as "Owner"), whose mailing address is P. O. Box
127, Naples, Florida, 34106-0127 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-exclusi~/e Road Right-of-Way,
Drainage and Utility Easement and a Utility Anchor EasemenT, unaer, upon and across
the lands described in Exhibit "A" (hereinafter referred to as the "Easements"), which is
attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Easements 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
Easements;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
Owner shall convey the Easements to Purchaser for the total sum of $7,750.00
payable by County Warrant (said transaction hereinafter referred to as the
"Closing"). Said payment shall be full compensation for the Easements 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 Easements to Purchaser,
including all attorney 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 Easements, the execution of such
instruments which will remove, release or subordinate such encumbrances from
the Easements upon their recording in the public records of Collier County,
Florida. 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 thirty (30) 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.
Easement Agreement Page 2
Owner represents that the property underlying the Easements, and all uses of the
said property, have been and presently are in compliance with all Federal, State
and Local environmental laws; that no hazardous substances have been
generated, stored, treated or transferred on the property underlying the
Easements except as specifically disclosed to the 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 Easements 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 Easements; b) any existing or threatened
environmental lien against the property underlying the Easements; or c) any
lawsuit, proceeding or investigation regarding the generation, storage, treatment,
spill or transfer of hazardous substances on the property underlying the
Easements. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
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 Easements 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 Easements 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 Easements in the form of a
partnership, limited partnership, corporation, trust or any form of representative
capacity whatsoever for others, Owner shall make a written public disclosure,
according to Chapter 286, Florida Statutes, under oath, of the name and address
of every person having a beneficial interest in the property underlying the
Easements before the Easements held in such capacity 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.)
Easement Agreement
Easement Agreement Page 3
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 t~U, day of /~jo~-~t' ,2003.
Date Easement acquisitions approved by BCC: G& P Resolution 02-203.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGH~E~Z~&D~.K,.,., ~ Clerk
?:- : ' ,,:-~eCUty131e~k
AS TO OWNER:
DATED:
Witnes~ (Signatu
Name: ./)/}r~;~LL~
(Print or Type)
Name:
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER ~TY,.,~IDA .
ALFRED B. SOUTHALL, JR., INDIVIDUALLY,
AND AS TRUSTEE OF THE ALFRED B.
SOUTHALL, JR. REVOCABLE TRUST
AGREEMENT DATED THE 20TM DAY OF
APRIL, 1999.
BY:
Approved as to form and
sufficiency:
Ellen T. Chadwell
Assistant County Attorney
Easement Agreement
EXIIIlI1T A
TRACT 66
10' WIDE ANCHOR
EASEMENT --~
PARCEL 947 lOO sq. ft.
N 00'27'45" W 10,00"--~
z
I0' ROW ESMT
570+00
SOUTIIALL ]RUSl
OR 2719/3426
89'32'15" E 10.00'
350 (PRAT)
PERRY
OR 2542/3205
TRACT
GOLDEN GATE
UNI f
PLA'[ BOOK
NAPll:S []RIDG£ CENIER, INC.
OR 8?7/$642
75
ES IA1 ES
0
PAGE 58
I //--SOO'27'45"E
PRDP()S[ D RIGttI-OF-WAY
~_ S89'31'37"W SW/BP - SlI)EWAIK / BIKE PAIH
10.00'
~_~N-~-~-'i GOLDiEN GATE PARKWAY (CR 886)
BASELINE OF SURV~
~COMMENCEMEN fJ
SW CORNER
TRACT 75
~ EX~BIT
1RACT 82
LEGAL DESCRIPTION FOR PARCEL 947
A PORIlON OF TRACF 75 GOLDEN GATE ESTAIES, UNII' 50 AS RE .........
PLAI' BOOK 7, PAGE 58' OF TIlE PUBLIC RI.'iCORDS OF COLLIER C
SITUATE IN SECEION 29, IOWNSHIP 49 SOU'IH, R, ANGE 26 EASI', (
COUNIY, FLORIDA BEING MORE PARI'ICULARLY DESCRIBE[) AS rOLL
COMMENCE Al' THE SOUTHWEST CORNEl? OF SAIl} 1RACF 75; 1HEF
N.OO'27'45"W., ALONG IHE WEST LINE OF SAIl) 'IRACT 75, A DISTt
FEET, TO lite POINF GE BEGINNING;
1HENCE CONIlNUE N.OO'27'45"W., ALONG litE SAID WEST LINE, A
10.00 FEE];
THENCE LEAVING THE SAID WEST LINE, N.89'52'lS"E., A DISTANCE ur
FEET;
THENCE S.O0'2T45"E., A DISTANCE OF 10.00 I EET;
THENCE S.89'51'ST'W., A DIS1-ANCE OF 10.00 FEE[, lO THE POINT OF
BEGINNING;
CONTAINING 100 SQUARE FEET, MORE OR t. ESS.
i U.UU
BEARINGS ARE BASED ON NORIH AMERICAN DATUM
(N.A.D,) 1988-1990 ADJUSIMENT SLATE PLANE
COORDINAfE SYSIEM (GRID) FOR FLORIDA EASfZONE. 0 40 BO
SI(ETCH & DESCRIPTION ONLY ~--~~~
. 'ROGER g. C~--[R, PROFESSIONAL SURVEYOR & MAPPER
NOT
A
BOUNDARY
SURVEY
HOT vA[rD WlfflOUf
FOR: COLLIER COUN~ GOVERNMEIqT BOARD OF COLJNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSIONAL SU~EYOR Al.lO MAPPER.
GOLDEN GATE PARKWAY IMPROVEMENTS
SKETCtt & DESCRIPTION OF: A 10' WIDE ANCIIOR EASEMENI'
PARCEL 947
COI,LIER COUNTY, FLORIDA
01-0015.11 ~H 2 49
INDEX NO.: Sep 26, 2002 - 12:46:0J
]gSO NORTII IIOItSESIIOI'; DRIVE, StR'IE 270
NAPLES, FLORIDA ]411}4
Ph. (941) 649-1509 Fax (941) 649-7056
LB No.: 6952
P:\Land Projects R2\Ol-OOtS\dwg\Revised Fees 8--26-02\OOlSSK947. dwq
SHEFT
1 OF
EXttlBIT A
i LINE TABLE ~
' LINE J BEARINO I LENGTHJ
' L~I UOO'27'45"w 56.b0]
L2 J NOO'27'45"W J 33.06]
','L3 { SOO'2T45"E.'J 33.00~
TRACT 66
ANCHOR ESMT ~
SOUTHALL TRUST
OR 2719/3426
J,,/Iq 89"31'37~' E 105.00'/
10' R~)W ESMT 'T'~;~W/B---"~R 1~B33'~7~E
330 (PLAT)
PERRY
OR 2542/3205
TRA
GOLDEN G/
UNI-
PLAT BOOK
:XISTING; ROADWAY EAS
NAPLES BRIDGE CENTER, INC.
OR 877/1642
75
rE ESTATES
30
7 PAGE 58
MENT DEDICATED TO
ritE PERPEIUAL USE C : TIlE PUBLIC PER
PLAT BOOK 7. PAGE 58
POSED ADDITIONAL RI~-oF-WAY
PERPETUAL NON-EXCLUSIVE
ROAD R GHT-OF-WAY, DRAINAGE
AND UTILITY E~ASEMENT
PARCEL ,147
ft.
sw/~P
; s¥/~P oR ~o5o~57s
5W CORNER
TRACT 75
PROPOSED RIGHT-OF-WAY
SIpEWALK / BIKE PATH
sw/SP OR ~o4o/~a'34--
GOLDEN GATE PARKWAY (CR 886)
R. OAI~iWAY EASEMENT PER PLAT
/
~oo / ~oo
BASELINE OF SURVEY
EXHIBIT
TRACT 82
E
LEGAL DESCRIPTION FOR PARCEL 147
A PORTION OF TRACT 75 GOLDEN GATE ESTATES, UNIT 30 AS RECORDED IN PLAT BOOK
PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SITUATE IN SEC}ION 29,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT.75; THENCE N.OO'27'45"W., ALONG
THE WEST LINE OF SAID TRACT 75, A DISTANCE OF 50.00 FEET, TO A POINT ON THE NORTH
LINE OF A' ROADWAY EASEMENT (100' WDE) AS PER SAID-PLAT AND BEING THE POINT OF
BEGINNING;
THENCE CONTINUE N.OO'27'45"W., ALONG THE SAID WEST LINE, A DISTANCE OF 5.3.00 FEET;
THENCE LEAVING THE SAID WEST LINE, N.89'31'37"E., A DISTANCE OF 105.00 FEET, TO THE
EAST LINE OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2719, PAGE .3426 OF THE PUBLIC
RECORDS OF COLLIER COUNI¥, FLORIDA;
THENCE S.OO'2T45"E., ALONG THE SAID EAST LINE, A DISTANCE OF 33.00 FEET, TO THE SAID
NORTH LINE;
THENCE S.89'51'57"W., ALONG THE SAID NORTH LINE, A DISTANCE OF 105.00 FEET,
POINT OF BEGINNING;
CONTAINING 3,465 SQUARE FEET, MORE OR LESS. '
BEARINGS ARE BASEO ON NORTN AMERICAN DATUM
(N,A.B,) 1988:-1990 ADJUSTMENT STATE PLANE
COORDINATESYSIEM(GRID) FORFLORIDAEAST
ZONE.
0 40 80
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
SCALE: 1"=80'
FOR: COLLIER COUNTY GOVERNMENT BOARO OF COUNTY COMMISSIONERS
ROGE C. CA~TER, PROFESSIONAL SURVEYOR & MAPPER
REGISTRATION CERTIFICATE NO.
SIGNINGFLOR'OA DATE: ~- ~ ~'"~ 5702~
NOT VALID WH'JtOUI TIlE ORIGINAL SIBNA'[URE 1,, RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
GOLDEN GATE PARKWAY IMPROVEMENTS
SKETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
PARCEL 147
COLIJER COUNTY, 'FLORIDA
01-0015.11 2 ' 49 I 2~ 11"=8o'
INDEX NO,; Sep 23, 2002 - 1J:gJ:54
DATE I DRAWN BY
9-23-02 REC
P:\LoRd Projects R2\OI-OO15~dwg\Revised Fees 8-26-02\O015SK147. dwg
3050 NORTH HORSESHOE DRPdE, SUITE 270
NAPLES, FLORIDA 34104
Ph. (941) 649-1.509 Fax (941) 649-7056
LB No.: 6952
J FILE NAME J SHEET
O0.1'SSK 147 1 OF