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Parcel 118COLLIER COUNTY TRANSPORTATION DIVISION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT-OF-WAY ACQUISITION OFFICE MEMORANDUM DATE: TO: February 24, 2004 Sue Filson, Executive Manager - BCC FROM: RE: Paul Young, Right-of-Way Property Acquisition Specialist Phone number: 239-213-5884 Vanderbilt Beach Road (Parcel # 118, a portion of 00201000003) Attached please find the original Easement Agreement for Vanderbilt Beach Road - Project 63051 for execution by Chairman Fiala. This property is part of the acquisition approved by the BCC pursuant to a Gift and Purchase Resolution No. 2002-463, dated November 5, 2002 the Agenda Item Number was 10- B. The Account Number is 313 163673 Please sign this Agreement on behalf of the Purchaser (BCC) and forward to the Board Minutes and Records for attestation by the Clerk. Thank you! PROJECT: PARCEL Nos.: FOLIO NOs.: 63051 118 00201000003 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 2-~'lH'day of :~'-~/Z~,,'r~ , 2004, ("Effective Date") by and between AMY S. TURNER, a single woman, TAMMY TURNER KIPP, a married woman, BRT COASTAL INVESTMENT LIMITED PARTNERSHIP, a Florida Limited Partnership (hereinafter collectively referred to as "Owner"), whose address is 210 Mooring Line Drive, Naples, Florida 34102 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 $42,000.00 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 attorney's fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Notwithstanding the foregoing, said payment shall not be construed as compensation for any damages arising out of Purchaser's use of the Easement after the date of this Agreement, nor shall it be compensation for future attorney's fees, expert witness fees or costs incurred to enforce the terms of this Agreement. Owner shall retain the right to use the Easement for vehicular and pedestrian access to and from Owner's remaining lands and for any other uses authorized in accordance with a Right-of-Way Permit issued by Collier County Transportation Division, subject to the conditions and restrictions imposed by said Right-of-Way Permit. Notwithstanding, Owner shall be permitted to use the Easement for lot coverage calculations, setback areas, and density calculations for the benefit of Owner's remaining lands as provided in Sec.2.1.13 of the Collier County Land Development Code. 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. Easement Agreement Page 2 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. 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 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Purchaser intends to use the Easement as a public road right-of-way and shall have sole responsibility for maintaining the same. Purchaser agrees to maintain public liability insurance on the Easement in the amounts customarily held by Purchaser on other public road right of way maintained by Purchaser within Collier County. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida, and for all other costs associated with this transaction including but not limited to recording costs and paying for 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. 10. 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. Easement Agreement Page 3 11. 12. 13. 14. Purchaser shall construct a Right-in Right-out and Left-in only directional median opening on Vanderbilt Beach Road and additional left turn lane with a 50 foot taper and corresponding curb cut, substantially in accordance with the sketches attached as Exhibit 'B' and incorporated herein by this reference (collectively the "Median Cut"), at Purchaser's sole cost and expense, subject to Collier County's access management policies and subject to closure or modification by Collier County if required for the public health, safety, or welfare. 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 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.) 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 day of ., 2004. AS TO PURCHASER: ATTEST: DWIG~Z,E,,~ ROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Donna ~:iala, Chairman .... Agenda //_ S 'O Z. Date Date - ~:~' Clerk d Easement Agreement Page 4 AS TO OWNER: DATED: ~//'z-,,//,~ ,/ ignature)~ ~_~J~ ~ .- (Print ~ T.,vpe) - ~-~itness~(~ignatu re) Name: KAREN CURRY (Print or Type) A~er AS TO OWNER: DATED: Name: '-~ ~ JPrint or T..,ype~ Witness (Signature) ('" ./ Name: KAREN CURRY (Print or Type) 'i'am-m~L~rne-( Ki'pp AS TO OWNER: DATED: · .(,(,(~gnature,~ Name: /",~ (Pri witne~Signature) Name: KAREN CL~H~. _RY (Print or Type) BRT COASTAL INVESTMENT LIMITED PARTNERSHIP By: BRT EDUCATIONAL ENTERPRISES, INC., General Partner Bernard L. Turner, President Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney 1 35' I EXISTING NORTH ROW LINE PARCEL 118 -Jg Z ~L15' (/3 I, o o o 0 50' 100' 200' SCALE: 1"=100' Notes: 1. This is not o survey. 2. Subject to easements, reservations and restrictions of record. .3. Easements shown hereon ore per plot, unless otherwise noted. 4. ROW represents Right of Way. DESCRIPTION: The Northerly 15,00 feet of Southerly 165.00 feet of the following described porceh 'The West 1/2 of the South 1/2 of the Southeast Quarter of the Southwest Quarter of Section Township 48 South, Range 26 East, Collier County, Florida. Less o perpetual and exclusive easement for right of way for public rood purposes over the South 150 feet os recorded in O.R. Book 915, Page 286, Public Records of Collier County Florida. Subject to oil, gas, and mineral rights previously reserved of record end subject to existing .reservations end restrictions of record. Containing 0.228 acres more or less. P"OJECT NO.:~051 [P^.CEL .o.: //8 WllS nMIller ~,~. Oct 29, 2002 - 15:05:57 JNAPIERJX:~SUR~O4224~VANDYyL372_A.dwg DAVID J, ,J~ATT,~,~r,S.M. (F'OR THE FIRM), FLA, LIC. ~NO, 58.34 ,., ~" , , NOT VALID WITHOUT THE ~IGNATURE A'ND THE ORIGINAL RAISED SEAL OF A FLOR[DA LCENSED SURVEYOR AND MAfi~''~ . ' FOLIO NO. CLIENT; COLLIER COUNTY DEPAFITMENT DAT~: 12/02 OP TRAN~aORTA TiON 8KETCH AND DESCRIPTION NO.: 5H~'F'T 04224-000-000 /a' OF XX NO,: 1L-~72 O. R./-~)'OCYK' 2 7~'3 EXHIBIT "B"