Parcel 708
COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-W A Y ACQUISITION OFFICE
MEMORANDUM
DATE:
August 25, 2004
TO:
Sue Filson, Executive Manager - BCC
FROM:
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
RE:
Immokalee Road - project 66042, parcel 708 (a portion of 00168040601)
Attached please find the original Temporary Construction Easement Agreement for
signature by the Chairman on behalf of the Board of County Commissioners.
This property is part of the acquisition approved by the BCC pursuant to a Gift and
Purchase Resolution No. 2002-417, dated September 24, 2002 the Agenda Item Number was 10-
1. The Account Number is 331 163650.
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!
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PROJECT: 66042
PARCEL: 708
FOLIO: a portion of 00168040601
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between OCEAN
BOULEVARD PARTNERSHIP II , a Florida general partnership whose mailing address
is 2600 Golden Gate Parkway, Suite 200, Naples, FL 34105-3227 (hereinafter referred
to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter
referred to as the "Purchaser");
WHEREAS, the Purchaser requires a Temporary Construction Easement
(hereinafter referred to as "TCE") 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 "Property") to provide room to maneuver equipment in order to
construct utility, sidewalk, and roadway improvements in the Purchaser's existing right-
of-way that is adjacent to the Property; and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the TCE over, under, upon, and across the Property.
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. The above recitals are true and correct and are made a part of this Agreement.
2. Owner shall convey the TCE to Purchaser for the sum of $15,100.00, payable by
County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the TCE 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 TCE to Purchaser, including all attorney's
fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
Purchaser shall use its best efforts to restore the existing landscaping, asphalt,
utilities, plantings, light fixtures (if any) and any other items within the TCE area to
their original condition. It is mutually understood that the Property is being
acquired under threat of condemnation.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within sixty (60) days of the
execution of the Agreement by Purchaser. At closing, Owner shall deliver a TCE
to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver the
County Warrant to Owner.
Temporary Construction Easement Agreement
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4. Conveyance of the TCE, or any interest in the Property, by the Owner is
contingent upon no other provisions, conditions, or premises other than those so
stated herein; 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.
5. Owner represents that 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 County; 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 County, that the
seller 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.
6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to reimburse the County 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 County 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 TCE.
8. Owner agrees to grant the TCE for the purpose of maneuvering equipment and
material in order to construct utility, sidewalk, and roadway improvements in the
Purchaser's existing right-of-way that is adjacent to the Property. This TCE shall
expire on November 1, 2007. In the event that the construction of the utility and
sidewalk improvements has not been completed by November 1, 2007, the
Purchaser reserves the right to record in the Public Records of Collier County a
Notice of Time Extension which shall grant a one (1) year time extension until
November 1, 2008, for the completion of said construction. Owner shall be
provided with a copy of the recorded Notice of Time Extension.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
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 trustee, and assignees whenever
the context so requires or admits.
IN WITNESS WHEREOF, the parties hereto hav~ executep this Temporary
Construction Easement Agreement on this ~ day of 8U-~ u ç -r , 2004.
Dated Project/Acquisition Approved by BCC:
Resolution 2002-417
September 24, 2002, Item 10-1,
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Temporary Construction Easement Agreement
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AS TO PURCHASER:
DATED: t3 (21 ! 1..00 {.
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Witness signature
GAil W. ANDERSON
Print name
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Print name
IJ aJ LJOnckwnl
. Witness signature
GAIL W. ANDERSON
Print name
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'Witness signature
GAil W. ANDERSON
Print name
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"--' itness signature
SANDRA P. THOMAS
Print name
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Witness signature
GAIL W. ANDERSON
Print ame
i ess signature
..:JAI'1DRA P. THOMAS
Print name
BOARD OF C UNTY COMMISSIONERS
COLLIER C TV, FLO~ _
BY: ~ ~
iala, Chairman
OCEAN BOULEVARD PARTNERSHIP II,
a Florida general partnership
Lama~~~cean Boulevard
Partnership II
WJ~~ ~
Mathilde V. Currence, f/k/a Mathilde B. Villere,
as a Partner of Citrust
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Lamar G. Villere, as a Partner of Citrust
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Temporary Construction Easement Agreement
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Witness signature
GAIL W. ANDERSON
Print name
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tness signature
SANDRA P. THOMAS
Print name
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WitneGÄI[iWî~8ËRSON
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, W tne§Ä~~WiOMAS
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Itness signature
GAIL W. ANDERSON
Print name
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Print name
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Witness signature
GAil W. ANDERSON
Print name
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Witness signature
SANDRA P. THOMAS
Print name
GIFT PARTNERSHIP, a Florida General
Partnership,
as a Pa ner of Ocean Boulevard P rship II
a herine G. Sproul,
Partnership
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ullivan, as a Partner of Gift
BARRON G. COLLIER IV IRREVOCABLE
TRUST,
as a Partner of Ocean Boulevard Partnership II
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Temporary Construction Easement Agreement
ALEXANDRA EDEN COLLIER IRREVOCABLE
TRUST, as a Partner of Ocean Boulevard
Partnership II
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Witnes~Ãliewt~NbERSON
Print name
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'Witness signature
~ANùRA P. THOMAS
Print name
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let C. Sproul, as ustee
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WitncWtlI W!~~~~SON
Print name
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/Witness signature
SANDRA P THOMAS
Print name
LARA CHRISTINA COLLIER IRREVOCABLE
TRUST, as a Partner of Ocean Boulevard
Partnership II
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uliet C. Sproul, as rustee
CHRISTOPHER CHARLES COLLIER
IRREVOCABLE TRUST, as a Partner of Ocean
Boulevard Partnership II
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ItnE1§Â êlW1~M>ERSON
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uliet C. Sproul, as T ustee
Print name
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t'Witness signa ure
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Print name
Approved as to form and
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Ellen 1. Chadwell
Assistant County Attorney
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Temporary Construction Easement Agreement
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HOLE MONTESð
ENG!NEER~ . PLANNERS· SURVEYORS
950 Encore Way· Naples, Fiorida 34110 . Phone: 239.254.2000 . Fax; 239.254.2075
LEGAL DESCRIPTION
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EXHIBIT
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HM PROJECT #2000067
12104/03
REF. DWG, #B-4467
PARCEL NO. 708
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRlBED AS FOLLOWS:
COMMENCE AT THE MOST NORTHWESTERLY CORNER OF CREEKSIDE CŒv1.MERCE PARK WEST _ L'WT
ONE ACCORDING TO TEE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAiv.œ BEING A POINT ON THE SOUTHERLY
RIGHT-OF-WAY L1NE OF IMMOKALEE ROAD; THENCE RUN S.02°20'52"E., ALONG THE WESTERLy
BOUNDARY OF SAID CREEKSIDE COMN.IERCE PARK WEST - UNIT ONE, FOR A DISTANCE OF 5.01 FEET TO
TEE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE. CONTINUE
S.02°20'52"E., ALONG THE WESTERLY BOUNDARY OF SAID CREEKSIDE COMMERCE PARK WEST _ tJNIT
ONE, FOR A DISTANCE OF 5.01 FEET; THENCE RUN N.89°45'55"W., FOR ADISTA."I'CE OF 55.36 FE....'RT;
THENCE RUN N.00014'26''E., FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°45'55"W., FOR A DISTANCE
OF 435.00 FEET; THENCE RUN S.00014 '26"W., FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.8go45'55"W.,
FOR A DISTAt"\fCE OF 30.00 FEET; THENCE RUN N.Ooo14'26"E., FOR A DISTA,NCE OF 10.00 FEET TO A POINT
ON THE SOUTHERLY RIGhl-OF-WAY LINE OF IMNlOKALEE ROAD; THENCE RUN S.8go45'55"E., ALONG
THE SOUTHERLY RIGHT -OF- WAY LINE OF IMNlOKALEE ROAP FOR A DISTANCE OF 485.1 0 FEET; THENCE
RUN S.Doo14'05"W., FOR A DISTANCE OF 5.00 FEET; THENCE RUN S.89°45'55"E., FOR A DISTANCE OF 35.04
FEET TO THE POINT OF BEGINNING; CONTAlNlNG 2,851.8 SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASENlENTS, RESER V ATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE SO'ú"THERL Y RIGhi-OF- WAY LINE OF IMMOKALEE ROAD AS BEING
S.89°45'55"E.
HOLE MONTES, ING. , .... . "
CERTIF1#~íON~~,,1.QJJ~RR1ZATIONLB #1772
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STATE OF FLORIDA
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