Backup Documents 01/09/2018 Item #16A12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP b A 1 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. _titach to original dm l he cinupicieu a aurin ,s dp and,;ngivai dot a aclti .t c to i)c toy is.tr icu 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 routingjines#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 Officeefl ')9
3. BCC Office Board of County r- �
Commissioners ,/ tk\\c1,
4. Minutes and Records Clerk of Court's Office
i\AA) 3'*;DPS\
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 issing information.
Name of Primary Staff Deborah Farris Phone Number X5861
Contact/Department
Agenda Date Item was January 9,2018 Agenda Item Number 16A N 2.
Approved by the BCC
Type of Document Easement Agreement(60145-471RDUE) 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? 41r-
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 01/09/2018(enter date)and all changes N/A is not
made during the meeting have been incorporated in the attached document. The an option for
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 an option for
Chairman's signature. this line.
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
16A 12
MEMORANDUM
Date: January 10, 2018
To: Deborah Farris, Property Acquisition
TECM Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Easement Agreement— Project #60145/Parcel 471RDUE
Attached for your records is a scanned copy of the original document referenced
above, (Agenda Item #16Al2) approved by the Board of County Commissioners on
Tuesday, January 9, 2018.
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
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PROJECT: 60145 Golden Gate Boulevard
PARCEL Nn(s): 471RDUE
FOLIO No(s): Portion of#40870440009
EASEMENT AGREEMENT
THIS EASEMENT AGFEEMENT.Chereinaftermfonad to as the"Agreement") is made
and entered into on this 9 tn day df anuar y ,201S,by and between KENNETH
G. MINZEY, a single man, KATHRYN M. MINZEY, a single woman, THOMAS A.
M1NZEY,a married man, and ROBERT J. MINZEY,a single man, as joint tenants with
rights of survivorship,whose mailing address is 2906 Macalpin Drive South,Palm Harbor,
Florida 34684-1813(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
as"County").
WHEREAS, County requires a perpetual non-exclusive Road Right-of-WayDrainage
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,Ownr desires to convey the Easement to County for the statepurposes,
on the terms and conditions set forth herein; and
VVHEREAS. County has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFDRE, in consideration of these pmmisea, 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
hoouinan;madoapsrtof1hinAgeomen1
Z. PURCHASE PRICE Owner shall convey the Easement to County for the sum of
$7,100.00
(SEVEN THOUSAND ONE 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"). County also
agrees to pay the sum of$7,500 (Seven Thousand Five Hundred Dollars)to Bella Y.
Patel, PA for legal fees and all other costs, including expert witness costs. Said
aggregate payment of $14.600 (Fourteen Thousand Six Hundred Dollars)
(representing Owner's pmoeadn, 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, Rivervia*, Florida 33589. and shall be full compensation for the Easement
conveyed. including (if applicable) all (andsoaping, sod. trees, shrubs, \mpnovamento,
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$7.500
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
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3. CLOSING DOCUMENTS AND CLEAR TITLE-Owneshall obtain from the holders of
any |iono, exceptions and/or qualifications encumbering the Eoomment, the execution
of such instruments which will namove, 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 exocuted, wi1neaaed, and notarized
where roquited, 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 removn, release or subordinate any and all liens.
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d)Grantor'* Non'Fomign. Tmxpuyer|denhficationand~3ap^Affidavh;
(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 effecto 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:
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(a)Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreemont, to
exeou\e, 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
affent. 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 conveyanoo,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e)There are no maintenance, construction, advertising, management, |emaing,
emp|oyment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any uuita, actions or arbitradon,
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 Ownor'n 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 genenatud,
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 gone,mhon, otorage,
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
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damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable nd attorney fees and expenses whether in court, out of court, in
bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by
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or asserted against the County by reason or arising out of the breach of any of Owners
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 Sttement from the compensation payable to the Owner per Paragraph 2.
County shall have sole discretion as to what constitutes"reasonable processing.fees."
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,
ewaoutns, personal ropeaentodvea, uucceaoom, successor trustees, and/o,
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 partnerohip, cnrporation, trust or any form of
representative capacity, whatsoever for uthens. Owner shall make a written public
dioc|osuro, according to Chapter 286, Florida Statutea, under oath, subject to the
penalties prescribed for porjury, 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 henoto, shall constitute the entire Agreement and understanding of
the purtios, and there are no other prior or contemporaneous written or oral
ognoamonto, undnrtakingo, pmmiaen, warrondeu, 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
breenh, 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.
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Page 5
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:.
DATE6:-ili.'PQAki 2 01 8
ATTEST: *• ''.- BOARD •. 0 COMMISSION
DWIGHT E. BOCKiclerk COLLIE-/ •8 TY, FLORIDA
--.„ k i J , -_ ::''-1,-,-,:_ii By: //
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PENNY TAYLS,CHAIRMA dr
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DATED: 14141 i"7
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Witne.0-(Signature) k NETH G. MINZEY
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Witness(Signature) KATHRYN M. MINZEY
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Page 6
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Witness(Signature) ROBERT J. MINZ
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Name(Print or Type)
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Name(Print or Type)
A•proved as to form and legality
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* 41411161111'
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Assistant Coun • ney
Last Revised:08/1/16
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1
GOLDEN GATE BOULEVARD (CR 876)
g 85+00 286+00 287+00 288+00 289+00 290+00 29
`E pc,/
1
.
8,
PROPOSED ROADWAY EASEMENT
PARCEL 471 RDUE
S 3,675 SO. Ff.
i
TRACT 118
' GOLDEN GATE ESTATES
TRACT 117 UNIT 80 TRACT 135
i PLAT BOOK 5 PAGE 18
WEST 75' OF
r EAST 180' OF
MOORE TRACT 118 BERGGREN &
P OR 3229/2814 COGBILL
OR 3245/1427
61- VILLAMIZAR, MINZEY, MINZEY,
VILLAMIZAR & MINZEY & MINZEY •
1 VILLAMIZAR OR 3827/3306
OR 4368/1301
N 1 .
P i
W ,....— E •
At r
$ S
•
SQ. FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK/PAGE)
K X 3,› PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
' 11/71 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
A USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 18
LEGAL DESCRIPTION FOR PARCEL 471 RDUE
A PORTION OF TRACT 118,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 49 FEET OF THE NORTH 99 FEET OF THE WEST 75 FEET OF THE EAST 180 FEET CF SAID TRACT 118.
' CONTAINING 3,675 SQUARE FEET, MORE OR LESS.
EXHIBIT...277
Page LJ ._of •
•
TECM-ROW
FEB 0 1 2010 /J✓�
0 40 80 180 6Y: //l v!/����+
SKETCH & DESCRIPTION ONLY I I
41CN4EL A.WARD.PROFESSIONAL RYEY06 ea MAPPER
FLORIDA RECISTRARON CER N4 SJ01
NOT A BOUNDARY SURVEY SCALE:1'-80' SIGNING DATE: 7JU/Jy (�
FOR:.COLUER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLOT ORIOA REGISTERED PRWITHOUT THE RROFESSS10Wi�SURVEYO'k ANDµPP Sam SEAL 0K
GOLDEN GATE BOULEVARD I)' jAr
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT SONS/,T/LNG Q8&joocnj
PARCEL 471 RDUE y t- PI I. S1. a aE.
6610 Wllow Park OrNe,Sults 200
COLLIER COUNTY, FLORIDA N.Pe.,Florid.34109
Phon.:(279)597-0975 FAX:(279)597-0579
LB No.:6962
JOB'NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.01 0001 REV 01 5 49 28 = 80' DEC. 2009• D.W.J. 54 471 1 OF 1