Parcel 143A & 143BMEMORANDUM
DATE:
TO:
FROM:~
RE:
April ~, 2004
Ms. Sue Filson, Administrative Assistant
Margaret J. Kreynus, Acquisition Specialist
Easement Agreement
Immokalee Road - 66042, Parcel Nos. 143 A and B
Courtyards at Quail Woods Condominium Association, Inc.
Attached is a copy of the Easement Agreement in the amount of $71,600.00 ready for
execution by Chairman Donna Fiala. This represents a settlement in the amount of the
County's offer.
Resolution No. 2002-417, adopted by the Board of County Commissioners on September
24, 2002 (agenda item no. 10-I), authorized the acquisition of easements and/or fee
simple parcels required for the construction of the six lane improvements to Immokalee
Road (US 41 to 1-75), and further authorized its Chairman to execute various Agreements
on behalf of the Board. Most recently, January 27, 2004, the Board adopted Resolution
No. 2004-35 (agenda item no. 10-D) authorizing the acquisition of right-of-way by
condemnation, if necessary. Please ask Chairman Fiala 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: 66042
PARCEL Nos.: 143 A and B
FOLIO No.: 68986501021 Ref.
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this ~'~'~'day of ,'~rl~-,'l ,2004, by and between THE
COURTYARDS AT QUAIL WOODS CONDOMINIUM ASSOCIATION, INC., a Florida
Non Profit Corporation (hereinafter referred to as "Owner"), whose address is c/o RP
Property Management, 265 Airport Road, Naples, FL 34104, 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", which is attached hereto and made a part of this Agreement, (hereinafter
referred to as the "Easement").
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 $71,600.00,
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 including business 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.
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.
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.
Easement Agreement Page 2
o
10.
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 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
Purchaser shall pay for all recording fees for the Easement instrument(s), and for
any and all 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), 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. In accordance with Statutory exemptions prohibiting
payment of documentary stamp taxes by Purchaser, Owner shall pay all
documentary stamp taxes required on the instrument(s) of transfer.
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 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.)
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 __ day of ,2004.
Dated Project/Acquisition Approved by BCC:
Gift and Purchase Resolution No. 2002-417, Agenda Item No. 10-1, Date 9/24/2002
Condemnation Resolution No. 2004-35, Agenda Item No. 10D, Date 1/27/2004
AS TO PURCHASER:
DATED:
ATTE.S,,T:
..,DW~'~i~I'~'E~ 'B ROC K, Clerk
AS TO OWNE~:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Donna ~a]a,'~h~man-' --'"'
DATED: '-~ ]~CY (otc
Witnd (~Signat~"ie) --
Name:
(Print or Type)
Witness (Signature)
Name: '}'~-~/' C. ~- ~5~ ta
(Print or Type)
THE C(~URTYARDS AT QUAIL WOODS
COND(31~IlNIUM AS~OCIATION~ INC.,
a Florid~lon Profit((~or~)or~t1"bn//
(Signature)
Name:
(Print or type)
Title:
(Print Corporate Title)
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
HOLE MONTES
ENGINEERS. PLANNERS. SURV~0RS
LEGAL DESCRIPTION
950 Encore Way. Naples, Fiort~a 34110. Phone: 941.254.2000 · Fax: 941.254.2D99
PERPETUAL. NON-EXCLUSIVE
ROAD RIGHT-OF-V~y, DRAINAGE
AND UTlUTY EASEMENT
HIVI PROJECT #2000067
7/15/3
REF. DWG. #B-3720-1
PARCEL IqO. 143~A
A PORTION OF TRACT "B" OF QUAIL WOODS COURTYARDS ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF TRACT "B" OF QUAIL WOODS COURTYARDS ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF
COLLIER COUNTy, FLORIDA; THENCE RUN N.89°15'1 I"E., ALONG THE NORTHERLY BOUNDARY OF SAID
TRACT "B', FOR A DISTANCE OF 20.37 FEET: THENCE RUN S.39o15'01-W. FOR A DISTANCE OF 30.97 FEET
TO A POINT ON THE W'I~STERLY BOUNDARY OF SAID TRACT "B"; THENCE RUN N.O1 °52'I 7"W., ALONG
THE WESTERLY BOUNDARY OF SAID TRACT "B", FOR A DISTANCE OF 23.73 FEET TO TI~ POINT OF
BEGINNING; .
CONTAINING 241.7 SQUARE FEET, MORE OR LESS. -"
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS ~ TO THE NORTI-IERLy BOUNDARy OF TRACT "B" iOF QUAIL WOODS COURTYARDS
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2~ AT PAGES 28 AND 29 OF THE PUBLIC
RECORDS OF COLLIER COUNTy, FLORIDA, AS BEING N.89o15,i i'E. '
HOLE MONTES, INC.
CERTIFICATION OF AUTHORIZATION LB #1772
BY_
oM s M. oF
EXHIBIT
Page
FOLIO NO.
PERPETUAL, NON'EXCLUSIVE ~
ROAD RIGHT-OF-WAy, r~,~,^..~- *'~
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HOLE MONTES
ENGINEERS- PLANNEIS. S~VEYORS
950 Encore Way, Nal3tes, Florida 341 f0 · Phone: 23§.254.2000 · Fax: 239.254.209g
LEGAL DESCRIPTION
PERPETUAL NON-EXCLUSIVE
ROAD RIGHT-OF,V~y, DRAINAGE
AND UTILITY EASEMENT
HM PROJECT #2000067
7/16/3
REF. DWG. #B-3719-I
PARCEL NO. 143-B
A PORTION OF TRACT "B" OF QUAIL WOODS COLrRTYARDS ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC RBCORDS OF COLL .IER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
_BEGIN_ AT THE NORTHEAST CORNER OF TRACT "B" OF QUAIL WOODS COURTYARDS ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF ~ PUBLIC RECORDS OF
COLLJER COUNTY, FLORIDA; THENCE RUN S.01"57'1 I"E., ALONG THE EASTERLY BOUNDARY OF SAID
TRACT "B', FOR A DISTANCE
THENCE RUN S.89oi5,~ I"'W OF 28.83 FEET; THENCE RUN N.50o44,59,,W. FOR A DISTANCE OF 26.18 FEET;
· FOR A DISTANCE OF 118.57 FEET; THEJ,~CE RUN N.00o44,53,,W. FOR A
DISTANCE OF 2.00 FEET; THENCE RUN S.89o15,11"W. FOR A DISTANCE OF 128.44 FEET; THENCE RUN
N-00°44'49"W. FOR A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTHERLY BOUNDARy OF SAID
TRACT "B"; THENCE RUN N.89Ol 5't I"E., ALONG Tt-IE NORTHERLY BOUNDARy OF SAID TRACT "B", FOR A
DISTANCE OF 266.46 FEET TO THE POINT OF BEGINNING; CONTAINING 3107.9 SQUARE FEET, MORE OR
LESS. -- _
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS oR:RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTHERLy BOUNDARy OF TRACT "B" OF QUAIL WOODS COURTYARDS
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27 AT PAGES 28 AND 29 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N o ,
.89 15 11"E.
HOLE MONTES, INC.
CERr C^TION ^Ur. OmZ^TION #,772 EXHIBIT /q
Page_.L. of
-- P.S.M. #5628
· THOMAs M. 'IV~._~tt~ STATE OF FLORIDA
FOLIO NO. ,lIo, t
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