Parcel 136
MEMORANDUM
DATE:
May 26, 2004
TO:
Ms. Sue Filson, Administrative Assistant
FROM:
Margaret J. Kreynus, Acquisition Specialist
RE:
Easement Agreement
Immokalee Road - 66042, Parcel No: 136
Immokalee Road, Inc.
Attached is a copy of the Easement Agreement in the amount of $115,100.00 ready for
execution by Chairman Donna Fiala. This represents a settlement in the amount of the
County's offer plus fees.
Resolution No. 2002-417, adopted by the Board of County Commissioners on September
24, 2002 (agenda item no. 10-1), 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. lO-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: 136
FOLIO: 00165600002
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this ~6.¡1- day of mCt¡!t ,2004, by and between
IMMOKALEE ROAD, INC., a Florida corporation, ( relnafter referred to as "Owner"),
whose address is c/o Hovland Real Estate, 11983 Tamiami Trail North, Naples, FL
34110-1603, 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:
1.
Owner shall convey the Easement to Purchaser for the sum of $113,600.00,
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 and all damages resulting to Owner's remaining lands, and
for any and all other damages including business damages in connection with
conveyance of said Easement to Purchaser, as provided by law. County shall also
pay Owner's attorney fees in the amount of $1,500.00 payable to Paulich, Slack &
Wolff, P.A., Trust Account. Owner hereby authorizes Purchaser to make payment
in the amount of $115,100.00 to American Acquisition Title, Inc., as settlement
agent for the disbursement of proceeds incident to said sale and conveyance of
the Easement. It is mutually understood that the Easement is being acquired
under threat of condemnation.
2.
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.
3.
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
. "Easement Agreement
Page 2
County Warrant to Owner and Owner shall deliver the conveyance instrument to
Purchaser in a form acceptable to Purchaser.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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
-' "Easement Agreement
Page 3
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
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 cJ{P~ day of m~;r ,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.1 OD, Date 1/27/2004
AS TO PURCHASER:
DATED:
ATTEST:
DWJGHT~-.-13B:?CK, Clerk
-. ....~.
". . -. - - .~
j!J ¿;".-' " §k>;;~~' /
/ v ~-.__Ðepu~ I k
, '-0")
Attftt '.'"'fd-ø..~
A~9fðter"'~\t~
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
BY: ~ d~
Donna Fiala, Chairman
DATED:
IMMOKALEE ROAD, INC.
a Florida corporation ì '1
B.fi?-- / dL.-Þ
. . nature) 0
,
Name: 'JÃrJ1~~ L" D 5lfq l.-£
(Print or type)
Title: /1!E3.
(Print Corporate Title)
N a me: Sr A) T:...i1 ~ e1Z.
(Print or Type)
Approved as to form and
legal sufficiency:
~shl ~
Assistant County Attorney
HM
HOLE MONTES
ENGINEERS, PLANNERS, SURVEYORS
950 Enc:ore Way. Naples, Florida 34110. Phone: 239.254.2000' Fax: 239254.2099
ŒGAL DESCRIPTION
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT -oF-\w\Y, DRAINAGE
AND unUTY EASEMENT
HM PROJECT #2000067
7/16/3
REF. DWG. #B-4269
PARCEL NO. 136
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 25. TOWNSHIP 48 SOUTH. RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE NORTHERLY RIGHT -OF- WAY LINE OF
IMMOKALEE ROAD; THENCE RUN N.89°14'OO"E., ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 25 AND ALONG THE NORTHERLY RIGHT-OF-W A Y LINE OF IMMOKALEE
ROAD, FOR A DISTANCE OF 662.07 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE
NORTHWEST QUARTÈR OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE RUN S.OI °33'38"E.,
ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 25, FOR A DISTANCE OF 150.Ql FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF A 50.00 FOOT RlGHT-OF-W A Y EASEMENT RECORDED IN O.R BOOK 1651 AT PAGE 146 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND THE POINT OF BEGINNING OF THE PARCEL
OF LAND HEREIN DESCRIBED; THENCE RUN N.89°14'OO"E., ALONG THE SOUTHERLY BOUNDARY OF SAID
SOUTHERLY RlGHT-OF-WAY EASEMENT, FORA DISTANCE OF 456.84 FEET; THENCE RUN S.00046'00"E.
FOR A DISTANCE OF 15.00 FEET; THENCE RUN S.89°14'OO"W. FOR A DISTANCE OF 321.28 FEET; THENCE
RUN N.Ol °34'34"W. FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89°I4'Oo"W. FOR A DISTANCE OF 135.36
FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 25; THENCE RUN N.oI °33'38"W., ALONG THE WEST LINE OF
THE EAST HALF OF THE NORTIIWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25,
FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; CONTAINING 6,175.3 SQUARE FEET, MORE
OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48
SOlITH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°14'OO"E.
HOLEM-amES, me.
CERTIFICATION OF AUTHORIZATION LB #1772
BY . :1~o~s~fu:
P.S.M. #5628
STATE OF FLORIDA
':,'.., ,',"
,,"
EXHIBIT ...LL
Page, i of 2--
FOLIO NO. CY"" \ b~'i:-CXY~!~
w; \2000120000671LEG"'WI!SB426', doc
N~nlp.s . Fnrt M"",< . \/"ni,." . ;::nnl~U'~A.J
w
i~!ž
.....;$w
oê~
~>Çw
~~~
zu..~
J;!:J
~<:r~
0;::)
æc
a:cz
~ð«
a.:
~
(l)Z",
¡j"'c:
-z
"'M
(I)..,.
1..:':""
~~,
"'-..
"".
..,
01
P
O.
POC
POB
GRAPHIC SCALE
60 a 30 50
~ I I I
- .. I
:-
LINE TABLE
DIRECTJON
N 89'14'00" E
S 00"46'00" E
N 01'34'34" W
N 01'33'38" W
Cõ
<J
()
()
()
r,
!
¡ DISïANCE ¡
I 662.07' ¡
15.00' I
I 5.00'
I ' 10.00' ! ("',
r
,
~
LJNE
L1
L2
L3
L4
( IN FEET)
1 inch = 60 fL
tr
<}
,',
r
~I
.
0
Z
- - - - - -r - - - - - - - - - - - - - - - - - - -X- - - - - - - -0- - - - - - - - - - - - - - - - - - - ,.'i'
I "-' J
NORTH R-Q-W UNE IN UNE. NW 1/4 ...J.',-
INIlOKAlΠROAD SECTION 25-48-25 0
tn IMMOKALEE ROAD u..
~ ~ E,':',--..;j,' R-O-W VARIES ' Ic'\:) g
(]I ,'./ . ') ~ 0
; ,~.. ~
rr1 c::- .. -
. g I
- ,; --------------------r-----l~~---------T----~'--t-------C-,"
g------------l---------ï-----------------l----------------- I . -¡;; rb "
g 50.0' I I ! I 50.0' I IS ~~
. row ~ement I ~~ I
row easement I I I I í
or 1651. pg 146-159: scum R-Q-W UNE , ~r 1651. pg 146-159 I , !
I I: , JO I ,1N1IOI<AlΠROAD I " . . I :
, I' ~ N 891 4 00 E, 456.84 / , . ' 'Jj---_t_---------+--- --- - u-..
} 't t i I ¡ ~ I I
t 135,36' r itS 8914'00" W 321.28' I I
$ S 8914'00" W Vi! ~ I I I I
°. . I I I I
i ! I I
I I
: I PARCEL I:
I 25-16 I
PARCEL
25-2
P AR CEl
25-7
PARCEL
25-12
P AR CEl
25-4
PAR CEl
25-3
LEGEND
POINT OF COMMENCEMENT
POINT OF 3EGINNING
:# NOT A SURVEY :#
DRAWN-BY:
BEN
CHECKED BY:
TJG
PROJECT NO.
00.067
DATI:.
950 Encore Way
Naples. FL .341 í 0
Phone: (239) 254-2000
Florida Certificate 04
Authorization No.1772
HVI
HOLE MONTES
fIRmS '1lliHERS . SUMYDRS
NOT YO WIßIDUI'
111£ SIGMA TUllE AND
11£ OIIIGIIIAI. RAISED
SEAl.. ΠA FLCIIIIA
uaNSED SUIMYOR
AND IIAPPER.
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
PARCEL NO.
136
REF'~ENCE NO.
NW25-00- T
DRAWING NO.
8-4269
5/0.3
DA7::
- 5/03