Parcel 137TO:
FROM:
DATE:
RE:
Memorandum
Sue Filson
Executive Manager
Board of County Commissioners
Debbie Armstrong
Acquisition Specialist
Transportation - Right-of-Way Office
February 1~, 2004~P''t~
Vanderbilt Beach Road, Project No. 63051
Parcel 137
Transmitted for your further handling is an Easement Agreement for a perpetual, non-
exclusive Road Right-of-Way, Drainage and Utility Easement for the Vanderbilt Beach
Road expansion project, which the Board authorized the Chairman to execute on its
behalf on November 5, 2002, Resolution 2002-463 Item 10B.
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.
Please do 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: 63051
PARCEL: 137
FOLIO: Portion of 41820920002
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT~.hereinafter referred to as th,e "Agreement")
is made and entered into on this ~0 day of ~¢~.1~ r~(~,~u: 2004, by and
between GREGORY DOSS (hereinafter referred to as "0wn~r"), whose address is
770 Logan Blvd. N., Naples, FL 34119 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 $30,700.00,
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 and all damages resulting to Owner's remaining
lands, and for any and all other damages in connection with conveyance of
said Easement to Purchaser; including business damages from entities
primarily owed by Owner and operating from the parent tract. Owner shall
also be entitled to attorney fees in the amount of $4,107.50 payable to
Policastro & LeRoux, PA, Trust Account. Owner shall also be entitled to
appraisal fees in the amount of $1,564.00 payable to Calhoun, Collister &
Parham, Inc. The Owner hereby authorizes Purchaser to make payment in
the amount of $36,371.50 to Midwest Title Guarantee Company of Florida, as
settlement agent for the disbursement of proceeds incident to said sale and
conveyance of the Property. It is mutually understood that the Property is
being acquired under threat of condemnation. Nothing in this Paragraph is
intended to eliminate Owner's right to seek additional dam~.ges should
Purchaser further damage Owner's remainder property following Closing.
Purchaser agrees that a median opening will be constructed pursuant to the
attached plans identified as Exhibit "B" during the six-laning of Vanderbilt
Beach Road, Project 63051. However, the Purchaser reserves the right to
alter, modify or close the median opening at any time after initial construction
based on safety or capacity issues. Owner agrees to waive any non-monetary
benefit.
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Easement, the execution of such
Easement Agreement
Page 2
10.
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 payment for each sum listed in Paragraph 1 to Owner and Owner 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.
To the best of Owner's knowledge the Property and all uses of the 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 except as specifically disclosed
to the Purchaser; that the Owner has no knowledge of any spill or
environmental law violation on any property contiguous to or in the vicinity of
the Property 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, b) any
existing or threatened environmental lien against the Property or c) any
lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
Purchaser shall pay for all recording fees for the Easement, and for any and
all costs and/or fees associated with securing and recording any Partial
Release of any mortgage recorded against the property, and for the fees to
record any curative instruments required to clear title, except for any and all
costs and expenses required to secure and record releases and/or
satisfactions from judgment creditors, which fees, costs and/or expenses shall
be the responsibility of the Owner.
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.
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement
Easement Agreement
Page 3
IN WITNESS W~EREOF, the parties hereto have executed this Agreement
on this..2~~--I day of .,~-r.~/zo~[/~.~ ,2004.
[
DATE ACQUISITION APPROVED BY BCC: November 5, 2002 (Resolution No. 2002-
463)
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. B,R~J~.,~,[erk
Clerk
AS TO OWNER:'
Witnes~gnatu[e)~
Name: .J~FFI
~ (Prat orType)
Witness ~ignatur~)~,
Name: Cor~
(Print'~r Type)
BOARD OF COUNTY COMMISSIONERS
COL,~ COUNTY, FLORIDA
Commis~si~nna F~ial~irman
Approved as to form and
legal sufficiency:
~,---l~len T. Chadwell
Assistant County Attorney
Item
Agenda
Date
Easement Agreement
VANDERBILT
EXISTING
N
EXHIBIT_ .-
BEACH ROAD p~;l~._..I._ of-..L--
170' ROW
TRACT 18 u~ (n TRACT 19
F-bJ l,--Ld
zd~
I ~- ~"° I
/ J I NORTH 105' OF
THE NORTH 180'
OF TRACT 20
TRACT 17 SOUTH 75' OF
I THE NORTH 180'
V89'.~1'O2"E OF TRACT 2O
I 50.99'
A R C :' L ,~"-': :~"
157
'~__ OF TRACT 20
I
I,,'~,,,~,,";:' I ~
/ 41.94'
S89'.71 '02"W
P.O.C.
I I
TRAC, 18 WEST 1/2
OF ~ACT
7TH AVENUE S.W. CHERR'YWOOD
60' ROADWAY EASEMENT DRIVE
GOLDEN GA~ ESTA~S
UNIT 95,
PLAT BOOK 9, PAGE 45
TRACT 15, TRACT 22
I
REVISED PARCEL 105/06/'03
REUSED 03/03/2003
0 50' 100' 150'
SCALE: 1"-= 100'
Notes:
1. This Is not a survey.
2. Basis of bearing is the East line of
Logan Boulevard being N 00'28'58" W
Florlda State Plane Coordinates NAD 83/90,
East Zone,
3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon are per plat,
unless otherwise noted.
5. ROW represents Right of Way.
6. P.O.B. represents Point of Beginning,
7. P.O.C. represents Point of Commencement.
Description:
BEING A PART OF THE SOUTH 150 FEET OF TRACT 20,
GOLDEN GATE ESTATES UNIT 95, PLAT BOOK 9, PAGE
45 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID
TRACT;
THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH
89'31'02" EAST 50.00 FEET TO THE POINT OF
BEGINNING;
THENCE LEAVING SAID SOUTH LINE NORTH 00'28'58"
WEST ALONG THE EAST LINE OF A 100 FOOT ROADWAY
EASEMENT PER SAID PLAT, 150.00 FEET TO THE NORTH
LINE OF THE SOUTH 150' OF SAID TRACT;
THENCE ALONG SAID NORTH LINE NORTH 89'51'02" LAS1
50,99 FEET;
THENCE LEAVING SAID NORTH LINE SOUTH 02'58'14"
WEST 150.27 FEET TO THE SOUTH LINE OF SAID TRACT;
THENCE SOUTH 89'31'02" WEST 41.94 FEET TO THE
POINT OF BEGINNING,
CONTAiNiNG 0.160 ACRES, MORE OR LESS.
ANDREW B. BECK, P.S.M. (FOR THE FIRM)
FLA. [,lC. MO. 6065
~ (DATE SIGNED)
NOT VA'LID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERTIFICATE OF AUTHORIZATION LB #43
PROJECT NO.: ~ JPARCEL NO.: /37
WilspnMiiler
May 09, 2003 -- 08:20:08 KTHOMPSOIX:~SUR~O4224~VANDY~lL372--A. dwg
CIJENT:
TITLE:
DATE:
CO!:! ~R COUNTY DEPARTMENT
OF= ~,A TION
E~K~'/*'OH AND ~~FT/ON
IPROJECT NO.: J SHEET NUMBER: J FILE NO.:
~-oomax~ 87 oF xx 1L-372