Parcel III-812
PROJECT: Lely Area Stormwater
PARCEL No: 111-812
FOLIO No: 00444200000
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "A~eement") is made
and entered into on this -::¡1h day of JU./Li , 20Qh, by and between
MARTHA C. DAY AND KATHLEEN B. DAY, whose mailing address is 3044 NW 49th
Street, Miami, Florida 33142-3445 (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns,
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter
referred to as "Purchaser").
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for
drainage, utility and maintenance purposes over, under, upon and across the land
described in Exhibit "A", which is attached hereto and made a part of this Agreement,
(hereinafter referred to as the "Easement"); and
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. 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 Easement to Purchaser for the sum of $ 900.00 subject to
the apportionment and distribution of proceeds pursuant to paragraph 8 of this
Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant, 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 and expert witness fees and costs as
provided for in Chapter 73, Florida Statutes.
3. 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.
4. 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.
Easement Agreement
Page 2
5. 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.
6. 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.
7. 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.
8. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; provided,
however, that any apportionment and distribution of the full compensation amount
in Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest or as consideration
for the execution of any release, subordination or satisfaction, shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from
the compensation payable to the Owner per Paragraph 2. In accordance with the
provisions of Section 201.01, Florida Statutes, concerning payment of
documentary stamp taxes by Purchaser, Owner shall further pay all documentary
stamp taxes required on the instrument(s) of transfer.
9. 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.
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
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
11. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Easement Agreement
Page 3
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.
12. 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 3~ day of :fLll\.L- , 2005'.
Date Acquisition Approved by BCC: J'UA1£ 8! 2004
IíÐY\ loe
AS TO PURCHASER: ~SðI...¡)íIO¡J 2..O<J..;f-Zt£
DATED: lo "<:¿"?rDD5
ATTES1;IJJ' ù ......
DWI51Ht ~:. BRQf;K, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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":\. C... \ / .éþ Clerk
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AS TO OWNER:
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DATED: ~I'\(.. \:) -.v"'~
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BY: L,~
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( ; /.;-J .[Jl4. t Îf
MARTHA C. DAY
Witne (Signature)
Name~ A,(t16EJ.J-.J}J ,-rfA
(Print or Type)
Uh/TLL rÞ.4
Witness (Signature)
Name:eJ./Uîe. Daux
(Print or Type)
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Name:,A~e/a (LJtJfer
i or Type)
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KATHLEEN B.~y
it es Signature)
Name:¡UAd:; C~~i4
(Print or Type)
Item# ~
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Date ~O:J:lJ..
Approved as to form and
le~ :UfficiTíL---
H'eidi AShton
Assistant County Attorney
Date lD-fs'fS
Rec'd
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PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT .3//0/
PARCEL :JIr - 81L
FOL 10 DO <1<1"'1 Z. oooo~
P .O.c. NW COR. SEC. 32,
~P.5°7
450.00' v
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S 89°38'10" E 150.00' .
""P.O.B. ;/ 60'
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PARCELJIT-812
TAX PARCEL 75
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LEGAL DESCRIPTION
THE NORTH 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; THENCE S 89°38'10" E ALONG THE NORTH LINE OF SAID SECTION 32
450.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89°38'10" E 150.00 FEET; THENCE
S 02°48'30" W 300.00 FEET; THENCE N 89°38'10" W 150.00 FEET; THENCE N 02°48'30" E 300.00 FEET
TO THE POINT OF BEGINNING.
EXHIBIT A
Page aI J
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B, = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) R1W = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
PREPARED BY:
æ-:£hrt.fLJ.kb_-
RGE R. RICHMOND P.L.S. 2406
OLLlER COUNTY PUBLIC WORKS
3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 34112
'''<.;ALl:
DATE
FILE NO.
GWY812
SHEET 1 OF 1
NOT TO SCALE
JUNE 8, 2000