Parcel 147 & 747A
MEMORANDUM
DA TE:
September {4, 2004
TO: Ms. Sue Filson, Administrative Assistant
~\J
FROM:X Margaret J. Kreynus, Acquisition Specialist
\
RE: Easement Agreement
Immokalee Road - 66042, Parcel No: 147 and 747 A
B P Devco, LLC
Attached are copies of an Easement Agreement in the amount of $25,262.50 and a TCE
Agreement for $2,100.00, both ready for execution by Chairman Donna Fiala. They
represent a settlement 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 acquisitjon 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
Agreements 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.: 747A
FOLIO No.: 00199280003
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between B P DEVeO,
LLC, a Florida limited liability Company whose mailing address is 2190 J and C
Boulevard, Naples, FL 34109-2001, (hereinafter referred to as "Owne!"'), 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 "Pu.rchaser");
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 and sidewalk 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 nerein; 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. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the TCE to Purchas~r for the sum of $2.100.00, 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, improvement~, and fixtures located thereon, and for
any damages resulting to Owner's remair1ing lands, and for all other damages in
connection with conveyance of said TCE tþ Purchaser, including all expert witr)ess
fees and costs as provided for in Chapter 73, Florida Statutes. It is mutually
understood that the Property is being acqi,Jired under threat of condemnation, and
that all corresponding fees are incorporated in the Easement Agreement of Project
Parcel 147.
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
Temporary Construction Easement to Purchaser in a form acceptable to
Purchaser and Purchaser shall deliver the County Warrant to Owner.
4. Conveyance of the TCE, or any interest in the Property, by the Owner is
contingent upon no other provisio~ 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 wri~en or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
5. Owner is aware of 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.
6. Purchaser shall pay for all recording fees for the TCE, and for any and all costs
and/or fees associated with securing and recording any Subordination(s) of any
mortgage(s) recorded against the property, and for tbe fees to record any curative
instruments required to clear title, exc~p~ for any and all costs and expenses
required to secure and record release!1 and/or satisfactions from judgment
creditors, which fees, costs and/or expenses shall be the responsibility of the
Owner.
7. Owner agrees to grant the TCE for the purpose of maneuvering equipment in
order to construct utility and sidewalk improvements in the Purchaser's existing
right-of-way that is adjacent to the Proper:o/. This TCE shall expire on November
1, 2008. In the event that the constructiøn of the public facilities has not been
completed by November 1, 2008 the Purchaser reserves the right to record in the
Public Records of Collier County a Noticei of Time Extension which shall grant a
one (1) year time extension until Novem~er 1, 2009, for the completion of said
construction. Owner shall be provided with a copy of the recorded Notice of Time
Extension.
8. This Agreement is governed and construed in accordance with the laws of the
State of Florida. '
i
9. This Agreement and the terms and provis~ons hereof shall be effective as of the
date this Agreement is executed by both þarties 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 have executed this Agreement on
this ,;21 s I- day of ~ 01 h--r ý , 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:
ATTEST- . \-'~\U:!& ~,
DWIGt#~: 'äÄ()cKi~terk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COU , FLORIDA
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DATED: q \ 2-\\ cA-
B P DEVCO, LLC, a Florida
qmited Liability Company
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itness (Signa~1
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BY: ~~ ~""~
(Signature) , "
Name:~ l(. tvb ,1et..7
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'Witness (Signature)
Name: j)¿ A,J£~ MJ,4~ S
(Print or Type)
Name: · "'::Sïete.N ~. ~....;)\\~~~
(Print or type)
Title: J '\><2-€S\~ / rn ú fVä I'll lY'u!.1'1 ~
(Print Corporate Tit~)
Approved as to form and
~:¡:I' A--
Assistant County Attorney
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HM
HOLE MONTES
BGNEBIS· PlANNEAS . SIM'tORS
960 Encore way· Naples, Florid; 34110 . Phone: 239.254.2000· Fax: 239.254.2091
HM PROJECT .2000067
6121/04
REF. DWG. #B-4828-1
PARCEL NO. 747-A
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH.
RANGE 26 BAST. COUJER. COUNTY. FLORIDA. BEING MORE PART1CULA.RL Y DESCRIBED AS FOlLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 48 SOtmL RANGE 26 BAST.
COLLIER. COUNTY. FLORID~ TIiENCE RUN S.89GS8'36"E., ALONG THE NORTH UNE. OF THE NORTHWEST
QUARTER OF SAID SECTION 30. FOR A DIST ANŒ OF 330.01 FEET TO THE NORTHWEST CORNER. OF nœ
EAST HALF OF TIIE·WEST HALF OF THE NORTHWEST QUARTER. OF THE NORTHWEST QUARTER OF SAID
SECTION ~ THENCE RUN S.02°06'46"E.. ALONG THE WEST UNE OF THE EAST HALF OF THE WEST HALf
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30. POR A DISTANCE
OF 168.12 FEET TO nœ POINT OF BEGINNING OF THE PAR.ŒL OF LAND HEREIN DESCRIBED; THENCE
RUN S.&go58'36"E.. FOR A DISTANCE OF 50.77 FEET; THENCE RUN S.77°34'Q9"E., POR. A DISTANCE OF 13.96
PE1IT; THENCE RUN S.8~S8'36"E., FOR A DISTANCE OF 194.21 PEEr~ TIlENCE RUN S.OO"Ol'24''W., FOR A
DISTANCE OF 5.00 FEET; THENCE RUN N,89"58'36"W., FOR A DISTANCE OF 194.75 FEET; TIŒNCE RUN
N.77°34'09''W., FOR A-DISTANCE OF 13.96 FEET; THEN€E.RUN N.89"SS'36''W., FOR A DISTANCE OF 50.04
FEET TO A POtNT ONTHE WEST LINE. OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECI"ION 30; THENCE RUN N.02"Oó'46·'W., ALONG THE
WEST IlNE OF THE EAST HALF Of THE WEST HALF OF THE NORTHWEST QUARTER OF nŒ NORTHWEST
QUAR.TE.R OF SAID SECI10N 30 FOR A DISTANCE OF 5.00 fEET TO THE POINT OF BE~G;
CONT AfilJING 1,294.2 SQUARE'FEET, MORE OR I..ESS.
THIS PROPERTY IS s~ J'Ç>·EA5EMENTs, RESEIW ATIONS OR RESTRlCTIONS OF RECORD.
BEARINGS REFEltTO mE NOR~ LINE OF THE NORTHWEST QUARTER. OF SECTlqN 30, TOWNSHIP 48
SOUTH, =RANGE 26 EAST. GOLl..JER COUNTY, FLORIDA, AS BEING S,89°S8'36"E. . I
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HOLE MONTES, XNC. ",':. '.
CER!lFICATJON OF'A"trm$?&~:nON LB #1712
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PROJECT: 66042
PARCEL Nos.: 147
FOLIO No.: 00199280003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this 2-1 day of SE ?ïE. ~~~004, by and between B P
DEVCO, LLC, a Flol'ida- Umited Liability eompany (hereinafter referred to as
"Owner"), whose address is 2190 J and C Boulevard, Naples, FL 34109-2001, and
COLLIER COUNTY, a political subdivision of the State of Floridaí its successors and
assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpøtual, 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 I agreed by and between the parties as
follows:
1. Owner shall convey the Easement to Purchaser for the sum of $20,800.00,
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 re~ulting 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. Owner shall also
be entitled to attorney fees in the amount of $2,062.50 payab1e to Gaylord Mertin
Ludovici Diaz & Bain, Trust Account, and for real estate appraisal services in the
amount of $2,400.00 payable to Calhoun" Collister & Parham, Inc. Owner hereby
authorizes Purchaser to make payment in the amount of $25.262.50 to Action
Title Services, as settlement agent for tt¡\e 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, and that the above
fees incorporate Project Parcel 747A.
2. Prior to Closing, Owner shall obtain frQm the holders of any liens, exceptions
and/or qualifications encumbering th~ 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 righJ 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.
4. Owner is aware and understands that th~ "offer" to purchase represented by this
Agreement is subject to acceptance ~nd approval by the Board of County
Commissioners of Collier County, Florida.
5. 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 mortgagees) 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 satisfactións
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.
6. 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 heretq and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admi~s.
7. Conveyance of the Easement by Ownerj is contingent upon no other provisions,
conditions, or premises other than th~se 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.
8. 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 ~hall 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.)
9. 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 ProjecVAcquisltion Approved by acc: ,
Gift and Purchase Resolution No. 2002-417, Agenda Item No.1 0-1, Date 9/24/2002
Condemnation Resolution No. 2004-35, Agendct Item No. 10D, Date 1/27/2004
AS TO PURCHASER:
DATED:
ATTES~t, '~2'
DWI~ij;f ~t:::B~t;·Çlerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COU TV, FLORIDA
BY:;
ponna F ala, Chairman
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AS TO OWNER:
DATED: Ci \ '2..\ \ 04-
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itness (Signature)
B P DEVCO, LLC, a Florida
Limited Liability Company
BY: ~"-'".- ~*''''~''~
(Signature) '~
Name:ft~ 1(. Mt.~f
r
(Print or Type) ")
~~IP;~.dj
itness (Signature)
NamJ),'frA)6 &ulMIJ,5
(Print or Type)
Name: ~E~ ~ - N-.~\\E.~S.~
(Print or type)
Title:~e.E.~H::>~T
(Print Corporate Title)
Approved as to form and
legal sufficiency:
~_~~on f ~
Assistant County Attorney
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HM
HOLE MONTES
EJQIWIS. PiMt£RS . 5IImœì
960 E_ We,· Naples, FIodåIl 34110 . Phone; 239.254.2000 . ñø: 239~.2099
, .
HM PROJECT I2000067
6J211Q4
REF. DWQ. fB-3723-3'
PARCEL NO. 147
LEGAL DESClUPTlON
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A PARCEL OF LAND LOCATED IN nœ NORTIIWEsT QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 26 EAST. COll.IER. COUNTY, FLORIDA. BEn-fO MORE PARTICULAlU. Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECfION 30, TOWNSHIP 48 soum, RANGE 26 EAST,
COu.IER COUNfY, FLORIDA; THENCE RUN S.89°58'36''E.., ALONG TIlE. NORm LINE OF THE NOR.THWEST
QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 330.0] FEET TO THE NORTHWEST CORNER OF THE
EAST HALF OF TIIE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 30; THENCE R.UN S.02"06'46'r,E., ALONG THE WEST LINE OF THE EAST HALF OF THE WEST HALF
OF TIlE NOR.THWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE
OF 150.10 FEET TO A POINT ON TIlE SmITH LINE OF A RJGHf -OF- WAY EASEMENT RECORDED IN O.R.
BOOK 1693 AT PAGES 549 nmOUGH 551 OF THE PUBLIC RECORDS OF COlI...1E.R. COUNTY, FLORIDA, 'mE
SAME BEING A POiNT ON THE SOUfHERL Y RIGHT-OF-WAY LINE OF IMMOKALBE ROAD AND THE EQ11f[
OF BEGINMtia OF THE PARCEL OF LAND HEIŒINDESCRIBED; THENCE RUN S.89°5S'36"E., ALONG TIm
SOUTHER!. Y RIOHT-OF-W A Y LINE OF SAID IMMOKAL.'EE ROAD FOR A DISTANCE OF 32.63 FEET; THENCE
RUN 5.76°28' 49'''E., FOR A DISTANCE OP 51.42 FEET; THENCB RUN S.89958'36"E.;FOR A DISTANCE OF 247.81
FEET TO A POINT ON THE EAST LINE OP THE EAST HALF OF THE WEsT HALF OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN 5.02°06')4"£., ALONG THE.
EAST LINE OF THE EAST ONE HALF OF Tim WEST ONE HALF OF TIlE NORTHWEST ONE QUARTER OF THE
NORTHWEST ONB QUARTER'OF SAID SBCTION 30 FOR A DISTANCE OF 9.00 FEET; THENCE RUN
N.89'"58'36"W... f:':~ A DISJ:ANCE OF 265.10 fBET; THENCE ItUN N.77<>J4'09"W. FOR A DISTANCE OF 13.96
FEET; THENCE RUN t'ot.89°SS, '36"W. PeR A DISTANCE OF 50177 FEET TO A POINT ON THE WEST LINE OF
THE EAST HALF OF THE WEsT HALF OFTHE NORTHWEST' QUARTER OF THE NORTHWEST QUARTER-OF
SAID SECTION 3Ð:FOR A DISTANCE OF ]B.ot FEET TO THE POINT OF BEGINNING; CONTAINING 3,485.8
SQUARE FEET, MORE 0R LESS.' , .
THIS PROPERTY IS SUBJECT TO EÂSHMEms, RESBRV ATIONS OR RESTRlC110NS OF ~CORD.
BEARINGS REFER TO THE NORTH LINE OF TIlE NOR~T QUARTER OF SECTION 3D, TOWNSHIP 48
SOum. RANGE 26 BAST, COLLIER COUNTY, FLORIDA, AS ÍlEING S.89.SS·36"E.
HOLE MONTES. INt. ,. '.
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