Backup Documents 01/26/2010 Item #16B2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 B 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Pnnt on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken actinn on the item.)
ROUTING SLIP
Complete routing lines #llhrough #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
hi thhkr D h
exception of the Chairman's signature, draw a line througt routing lines # 1 through #4, complete e c ec 1St, and orward to Ian Mite ell (line #5)
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Ian Mitchell, BCC Supervisor Board of County Commissioners .l/,,- 'Iz -tJAo
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder afthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact statf for additional or missing
information. All original documents needing the BeC Chairman's signature arc to he delivered to the BCe office only after the Bee has acted to approve the
item.)
Name of Primary Staff Margaret Kreynus Phone Number 252-5846
Contact
Agenda Date Item was 1/26/2010 Agenda Item Number 16B2
Approved by the BCC
Type of Document Purchase Agreement Number of Original One
Attached Documents Attached
l.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances.
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 1/26/2010 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
Yes
N/A
N/A
Yes
Please scan under Golden Gate Boulevard Proiect 60040 as Parcels 425RDUE &
425TDRE in the BMR Real Property folder. Thank you.
_...~--...-
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AuemJ:1 Item No.1 ()B2
,jiJnunry 26, 20'1l)
1<)11(1
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a Perpetual, Non-exclusive Road Right-of-Way,
Drainage and Utility Easement and accept the donation of a Temporary Driveway Restoration
Easement which are required for the construction of the proposed four-Ianing improvements to
Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard.
Project No. 60040 (Fiscal Impact: $2,785.00).
OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase a perpetual Non-
exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel 425RDUE) and accept the
donation of a Temporary Driveway Restoration Easement (Parcel 425TDRE) which are required for
the construction of the proposed four-Ianing improvements to Golden Gate Boulevard.
CONSIDERATIONS: The subject Parcel 425RDUE (a legal description and sketch of which is
attached hereto) contains 0.076 acres (3.300 square feet) and is located on the North side of Golden
Gate Boulevard betwcen Everglades Boulevard and DeSoto Boulevard. The parent tract property is
owned by Shirley J. Hinds.
The purchase price (per acre) for this parcel is roughly equivalent to its 2009 assessed land value. That
part of the purchase price of the easement attributable to the improvements impacted by the easement
acquisition was valued using the Marshal Valuation Service and/or contractor estimates.
An appraisal indicating the most probable sale price of the easement parcel in the current real estate
market has been prepared and accompanies this Executive Summary at the Board's request; but it has a
limited relationship to the overall cost of this parcel as part of the project. The appraisal, by itselfdoes
not take into account the attorney fees and expert fees and costs which the County could expect to pay
if the relationship between the property owner and the County becomes adversarial. Fees for a
property owner's appraiser, engineer, landscape architect, building contractor and attorney could easily
add up to many thousands of dollars; and the County would be obligated to pay them under the
provisions of state law.
Staff believes the following are compelling reasons to purchase Parcel 425RDUE at the negotiated
price:
]. The owners are cooperating with staff so there are no attorney or expert fees. A single expert
witness hired by the owner is likely to cost the County more than the difference between the
assessed value of the easement and the market value of the easement.
2. This is not a forced sale. It will be several more years before we would have to take the
easement through condemnation in order to proceed with construction. Conceivably, the
owners can atford to wait for the market to improve in the intervening years. However, the
owners are willing to sell now at a time when prices are low.
3. The principle of substitution, which lies at the heart of market value, does not necessarily apply
when it comes to negotiating the purchase price for right-of-way. The principle of substitution
16a 2
../ ...
Aqenda Item No. 1682
January 26,2010
PilIJf' 2 of HI
states that a buyer will not pay more for any given property than that price for which a
substitute property of equal utility can be purchased. In the case of right-of-way acquisition,
once a corridor has been approved, an alignment has been selected, and the roadway
improvements have been designed, there are no substitute parcels which will satisfy the project
requirements other than the parcels for which we are negotiating.
4. When negotiating a price for right-of-way, it must be remembered that, regardless of the market
value of the property as indicated by comparable sales, a property's assessed value may be
introduced as an admission against the interest of the petitioner (when the petitioner is County
government) in the event the easement parcel must be taken through condemnation. In which
case, not only is ajury likely to give sympathetic weight to the property's assessed value (when
it is higher than the current market value), but the petitioner must pay for the costs of the
proceedings (which includes the fees of the owner's attorney and the expert witnesses for both
sides.)
FISCAL IMPACT: The fiscal impact is the purchase price of$2,185.00 plus recording fees, title and
insurance fees of$600.00. The funds will be paid from gas taxes and/or impact fees.
LEGAL CONSIDERATIONS: This Executive Summary is legally sufficient for Board action _
RNZ
GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
RECOMMENDATION: Based on the above considerations, Transportation staff is recommending
that the Board of County Commissioners of Collier County:
I. Approve the attached Easement Agreements and authorize its Chairman to execute same on behalf
of the Board;
2. Accept the conveyance of Parcels 425RDUE and 425TDRE to Collier County and authorize the
County Manager, or his designee, to: (a) take the necessary measures to ensure the County's
performance in accordance with the terms and conditions of the Agreements, and (b) to record same in
the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses necessary to close the transaction; and
4. Approve any and all budget amendments, which may be required to carry out the collective will of
the Board.
Prepared by: Margaret Kreynus, Senior Property Acquisition Specialist, TECM
Attachments: (I) Easement Agreements with Exhibits "A" and "13"; (2) Aerial View of the Property;
(3) Appraisal Report
16B 2
PROJECT: 60040
PARCEL No: 425RDUE
FOLIO No 40685160008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this .L!::L- day of n <= , , 2009, by and between JERRY E. HINDS
and SHIRLEY J. HINDS, husband and wife, whose mailing address is 3585 Golden Gate
Boulevard, Naples, FL 34120-3724, (hereinafter collectively 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 "Purchaser").
WHEREAS, Purchaser requires a perpetual, non-exclusive right-of-way, drainage and utility
easement to enter upon and to install and maintain roadway, bike path and sidewalk
improvements, drainage structures, including but not limited to ditches, swales, earthen berms, rip-
rap and retaining wall systems, underground pipes, various types of water control structures, the
right to remove and use any and all excavated material, and any and all manner of public and
private utility facilities over, under, upon and across the following described lands located in Collier
County, Florida, and 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:
,
$2,185.00
.
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 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
shall be in full and final settlement of any damages resulting to Owner's remaining lands,
costs to cure, including but not limited to the cost to relocate the existing irrigation system
and other improvements, and the cost to cut and cap irrigation lines extending into the
Easement, and to remove all sprinkler valvos and related electrical wiring, and aii other
damages in connection with conveyance of said Easement to Purchaser, including all
attorneys' fees, 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. At or prior to Closing, Owner shall provide
Purchaser with a copy of any existing prior title insurance policies. Owner shall cause to be
delivered to Purchaser the items specified herein and the following documents and
instruments duly executed and acknowledged, in recordable form (hereinafter referred to as
"Closing Documents") on or before the date of Closing:
(a) Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
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Page 2
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser, Purchaser's
counsel and/or title company
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur
within ninety (90) 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 Easement. At Closing, payment shall be made to Owner in that amount
shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing
Documents to Purchaser in a form acceptable to Purchaser.
5. Owner agrees to relocate any existing irrigation system located on the Easement including
irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the
project without any further notification from Purchaser. Owner assumes full responsibility for
the relocation of the irrigation system on the remainder property and its performance after
relocation. Owner holds County harmless for any and all possible damage to the irrigation
system in the event owner fails to relocate the irrigation system prior to construction of the
project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located on the
Easement, the Owner is responsible for their retrieval prior to the construction of the project
without any further notification from Purchaser. Owner acknowledges that Purchaser has
compensated Owner for the value of the Improvements and yet Purchaser is willing to permit
Owner to salvage the Improvements as long as their retrieval is performed before
construction and without interruption or inconvenience to the County's contractor. All
Improvements not removed from the Property prior to commencement of construction of the
project shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner and Purchaser agree to do all things which may be required to give effect to this
Agreement immediately as such requirement is made known to them or they are requested
to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to execute,
deliver and perform its obligations under this Agreement and the instruments
executed in connection herewith, to undertake all actions and to perform all tasks
required of Owner hereunder and to consummate the transaction contemplated
hereby.
(b) Purchaser's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of Owner
to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to acquire the
Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force and
effect, Owner shall not encumber or convey any portion of the property underlying
the Easement or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Easement, without first obtaining the
written consent of Purchaser to such conveyance, encumbrance, or agreement,
which consent may be withheld by Purchaser for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or requirements,
formal or informal, existing or pending or threatened which affect the Easement or
168 2
Page 3
which adversely affect Owner's ability to perform hereunder; nor is there any other
charge or expense upon or related to the Easement which has not been disclosed
to Purchaser in writing prior to the effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause the
physical condition of the property underlying the Easement to change from its
existing state on the effective date of this Agreement up to and including the date of
Closing. Therefore, Owner agrees not to enter into any contracts or agreements
pertaining to or affecting the property underlying the Easement and not to do any
act or omit to perform any act which would adversely affect the physical condition of
the property underlying the Easement or its intended use by Purchaser.
(h) 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.
8 Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and
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 any of Owner's representations under paragraph 7(h). This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
9. Purchaser shall pay all fees to record any curative instruments required to clear title, all
Easement recording fees, and any and ail costs and/or fees associated with securing and
recording a Release or Subordination of any mortgage, lien or other encumbrance recorded
against the property underlying the Easement; 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 due to any diminution in the value of its property right, 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, related to the exemptions against payment of documentary
stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on
the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation.
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 trustees, and/or assignees, whenever the context so requires or
admits.
11. 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. (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.)
12. Conveyance of the Easement, or any interest in the property underlying the Easement, by
Owner is contingent upon no other provisions, conditions, or premises other than those so
stated herein; and this 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
168 2
Page 4
covenants not contained herein. No modification, amendment or cancellation of this
Agreement shall be of any force or effect unless made in writing and executed and dated by
both Owner and Purchaser
13. Should any part of this Agreement be found to be invalid, then such invalid part shall be
severed from the Agreement, and the remaining provisions of this Agreement shall remain in
full force and effect and not be affected by such invalidity.
14. 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 the date first
above written.
AS TO PURCHASER:
DATEDJrlr\111'I~ 2q) ~(O
ATTEST:
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BOARD OF COUNTY COMMISSIONERS
COLLlER-.C.9>, UN1Y, FLOR~, A,", n,
l'l.o4L G) \. ~
BY: .. '.
FRED W. COYLE, Chairman "
AS TO OWNER:
DATED :)-l.{ - dctjC;
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Witness (Signature)
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Name (Print or Type) v
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JERRY E. HINDS
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itness (Signature)
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SHIRLEY J. INtiS
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Deputy Cle,k
WEST 165' OF
TRACT 64
HINDS
OR 1371/1313
ALBINO
OR 1233/1438
TRACT 63
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TRACT 64
GOLDEN GATE ESTATES
UNIT 77
PLAT BOOK 5 PAGE 15
TRACT 81
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PROPOSED ROADWAY EASEMENT
PARCEL 425 ROUE
3,.::500 SQ, Fr.
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248+00
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249t 0 ,/ 1/ / <25QtsP' / ,/ ( / 251+00
GOLDEN GATE BOULEVARD
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252+00
253+00
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(CR 876)
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OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 15
LEGAL DESCRIPTION FOR PARCEL 425 ROUE
A PORTION OF TRACT 64, GOLDEN GATE ESTATES, UNIT 77 AS RECORDED IN PLAT BOOK 5, PAGE 15 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIOI, 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
OR
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EXHIBIT
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THe NORTH 20 FEET OF THE SOUTH 70 FEET OF THE WEST 165
FEET OF SAID TR~CT 4,
160 BY 1jl1/
I '!'lIcw.. L 14 RO'~~'DNAL SURYE'!'OR de MAPPER
FLOFllOA REGlSm~ ~"F1fprr NO. 5301
S1CNINC OATE; ':>1. ~ () d'
NOT YAUD WJJHOUT THE ORIGINAL URE ok RAlStD EMBOSSW SEAL OF
A. FlOFUOA RCGISTERED PROfESSIO L SURVEYOR AND w.,PPFR
CONTAINING 3,300 SQUARE FEET, MORE OR LESS.
o 40 80
SKETCH & DESCRIPTION ONLY I I
NOT A BOUNDARY SURVEY SCALE, '"=60'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 425 RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050217.00,00 0007
SCALE
1" - 80'
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FILE NAME
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168 2
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PROJECT: 60040
PARCEL No: 425TORE
FOLIO No: 40685160008
TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
THIS TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered into on this,;) " \ day
of \)c."~'l~r' ,2009, by and between JERRY E. HINDS and SHIRLEY J.
HINDS, husband and wife, whose mailing address is 3585 Golden Gate Boulevard,
Naples, FL 34120-3724, (hereinafter collectively referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida (hereinafter referred to as
"County"). whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Driveway Restoration Easement (hereinafter referred to as "TORE") over, under, upon
and across the lands described in Exhibit "A" (attached hereto and made a part of this
Agreement); and
WHEREAS, Owner desires to convey said TORE to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from
a smooth transition between Owner's existing driveway and the new roadway, and
desires to convey the TORE to the County for the stated purposes, on the terms and
conditions set forth herein, said terms including that no compensation shall be due and
payable for the TORE requested by County.
NOW, THEREFORE, in consideration of these premises set forth above, 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:
i. 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 TORE to County at no charge to the County.
3. Owner shall deliver the properly executed TORE instrument to County within
30 days of the date of this Agreement.
4. The County shall pay for all costs of recording the TORE instrument in the
Public Records of Collier County, Florida.
5. 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.
6. The TORE shall commence upon its recording in the Public Records of
Collier County, Florida.
7. Conveyance of the Property 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 Agreement and
understanding of the parties, and there are no other prior or contemporaneous written
168 2
or oral agreements, undertakings, promises, warranties, or covenants not contained
herein. This Agreement may only be amended in writing by the parties hereto.
8. 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
the date first above written.
AS TO PURCHASER:
DA TED:Jo.(\Ud.(~ 2-' I 2l)/O
ATTEST:
DWIGHT E. BROCK, Clerk
~r, .
Attest II tAt eM
11 QAlture 011 j ·
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: '1u~ W C#
FRED w. COYLE, Chairman
AS TO OWNER:
DATED: ld - j . JCO'1
cf-.. IcL.~ _
Witness (Signature)
~'r,u; \E\)t H\11A<<,
Name (Print or Type)
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'" .' itness (Signature)
'-;:1,: LV'L.L "."" <;
Name (Print or Type)
\0: (I en~~'
JERRY E. HINDS
,
,
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i ---......
Witness (Signature)
.
M~
.-"'w'- - .....
SHIRLEY J.
H".: jd
, ..' ,. \
~ 'Iv", \ (;. I Joe ~\ , iY\ "',
Name (Print or Type)
J;'-1~
// . Itness (Signature)
Tx: W:u.,,-. n.")
Name (Print or Type)
Approved as to form and
legal sufficienc :
~
2
LINE
L1
L2
L3
L4
L5
L5
LINE TABLE
BEARING
NOO'Z9'30"W
N89'31'15" E
NOO'Z8'45"W
N89'31 '15"E
SOO'Z8'45" E
S89'31'15"W
LENGTH
70.00'
141.ZZ'
10.00'
20.00'
10.00'
ZO.OO'
WEST 165' OF
TRACT 64
HINOS
OR 1371/1313
ALBINO
OR 1233/1438
TRACT 63
TRACT 64
GOLDEN GATE ESTATES
UNIT 77
PLAT BOOK 5 PAGE 15
TRACT 81
POINT OF
COMMENCEMENT
248+00 249
-f--
PROPOSED TEMPORARY DRIVEWAY
RESTORATION EASEMENT
PARCEL 425 TDRE
200 SQ. FT.
N
W+E
WEST LINE OF
TRACT 64 ~
s
251+00
252+00
253+00
I
GOLDEN
I
(CR 876)
I
OR
lTiIlill
~LJ
r//~
OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT (TDRE)
PROPOSED ROAOWAY, ORAINAGE AND UTILITY EASEMENT (ROUE)
EXISTING ROAOWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 15
LEGAL DESCRIPTION FOR PARCEL 425 TORE
A PORTION OF TRACT 64, GOLDEN GATE ESTATES, UNIT 77 AS RECORDED IN PLAT BOOK 5, PAGE 15 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
,
EXHIBIT / I
Page ~
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 64;
THENCE N.00'Z9'30"W., ALONG THE WEST LINE OF SAIO TRACT 64, FOR 70.00 FEET TO A POINT ON THE NORTH LINE
OF THE SOUTH 70 FEET OF SAID TRACT 54;
THENCE N.89'31'15"E" ALONG SAIO NORTH LINE, FOR 141.2Z FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL;
THENCE N.00'Z8'45"W., FOR 10.00 FEET;
THENCE N.89'31'15"E., FOR 20.00 FEET;
THENCE S.00'28'45" E., FOR 1 0.00 FEET, TO A POINT ON SAID NORTH
THENCE S.89'31'15"W., ALONG SAID NORTH LINE, FOR ZO.OD FEET TO
DESCRIBED PARCEL.
CONTAINING 200 SQUARE FEET.
MORE OR
o
!
LESS.
.0
LINE;
THE POINT _OF i~~7~EREIN
160 ",,jLZI/
I MICHAEL A, WARD. PROf' SSIONAL SURV(Y()R &: AolAPPER
fLOAI[lA. REOISlAATI CAr NO. 5301
SIGNING DATE: IJon
NOT VAUO WITHOUT THE ORIGiNAl . fu' ".t RAISED EMaOSSEO SEAL Of
A FlORIDA RECISTrREO PROFESSIO SU OR AND MAPPER.
SKETCH & DESCRIPTION ONLY
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF:
PARCEL 425 TDRE
COWER COUNTY, FLORIDA
JOB NUMBER
050217.00.00 0007
SCALE
1" - 80'
DATE
FEB. Z008
D\lTA INC~~
CONSULTING UvlIRoain-'''1
.&.,,' U, .... 8"""",101o"",""
6610 Willow Park Drive. Suite 200
Naples, Florida 34109
Phone: (239) 597.Q575 FAX: (239) 597-D57B
LBNo.:6952
FILE NAME
UN?? SK425TDRE
SHEET
OF 1
PROPOSED TEMPORARY DRIVEWAY
RESTORATION EASEMENT
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168 2
MEMORANDUM
DATE: Friday, January 29, 2010
TO: Ian Mitchell, Supervisor BCC Office Operations
FROM:" Margaret J, Kreynus, Senior Acquisition Specialist
RE: Golden Gate Boulevard
Project No. 60040, Parcels 425RDUE & 425TDRE
Shirley 1. Hinds
Attached are an Easement Agreement in the amount of $2,185.00 and a donated
Temporary Driveway Restoration Easement Agreement ready for execution by Chairman
Fred W. Coyle. The Board of County Commissioners on January 26, 2010 under Agenda
Item No. 16B2, approved the acquisition and donation, and authorized its Chairman to
execute them on behalf of the Board.
Please ask Chairman Coyle to sign the two attached Agreements on behalf of the Board
of County Commissioners and forward them to the Clerk of Minutes and Records for
attestation. Thank you.