Parcel - Bike Easement
MEMORANDUM
TO: Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
FROM: ~. ni A. Mott, Property Acquisition & Sales Manager
eal Estate Services
/
DATE:
November 18, 2005
RE:
Golden Gate Greenway - Pedestrian and Bicycle Easement Agreement
Please find attached one (1) original Pedestrian and Bicycle Easement Agreement for
the above referenced project.
The Board of County Commissioners of Collier County, Florida approved the
recordation of same on May 28,2002, Item 16D1.
Please contact me if you have any questions or comments at X8780.
Thank you.
Attachment as stated
This instrument was prepared
without opinion of title by
and after recording return to:
Mark J. Price, Esquire
Roetzel & Andress,
a Legal Professional Association
850 Park Shore Drive
Trianon Centre, Third Floor
Naples, Florida 34103
(239) 649-6200
3145593 OR: 3240 PG: 2369
RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL
03/14/2003 at 12:15PM DWIGHT E. BROCK, CLERK
REC FEE
DOC·.70
COPIES
33.00
.70
7.00
Retn:
RBAL PROPERTY
BXT 8780/TONI
INTBR OFFICB
(Space above this line for recording data)
PEDESTRIAN AND BICYCLE EASEMENT AGREEMENT
TillS PEDESTRIAN AND BICYCLE EASEMENT AGREEMENT (this "Agreement") is
made this l~ day of rY\p.r<:.h , 2003, by and between THE DISTRICT SCHOOL
BOARD OF COLLIER COUNTY, FLORIDA ("Grantor"), and THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Grantee").
WIT N E SSE T H T HAT:
WHEREAS, Grantor is the owner of that certain real property located in Collier County, Florida
and described on Exhibit "A" attached hereto and made a part hereof (the "School Board Property"); and
WHEREAS, Grantee is the owner of that certain real property located in Collier County, Florida
and described on Exhibit "B" attached hereto and made a part hereof (the "County Property"); and
WHEREAS, Grantee is planning to install and maintain pedestrian and bicycle pathways upon the
County Property; and
WHEREAS, Grantee desires to extend the pedestrian and bicycle pathways across and through the
School Board Property; and
WHEREAS, Grantor wishes to grant to Grantee a perpetual non-exclusive easement for
pedestrian and bicycle ingress and egress over, across and upon the sidewalks and bike paths now or
hereinafter located within the northerly 165 feet of the School Board Property (the "Easement Area").
NOW, THEREFORE, in consideration of the sum ofTEN DOLLARS ($10.00) and other good
and valuable considerations, the receipt and sufficiency of which is hereby acknowledged by each party,
it is hereby agreed between the parties:
1. Recitals. The foregoing recitals are true and correct and incorporated into this
Agreement by this reference.
Page 1 of7
THf8 CONVEYANCE APPROVED BY THI!
BOARD OF COUNTY COMMtaslON!R8.
ca.LIER COUNTY, FLORIDA,
PURSUANT TO THE p~.
OF' A&ENbA- :t:retf~ ~
5-28--02....
OR: 3240 PG: 2370
2. Easement. Grantor does hereby grant to Grantee, On the terms and conditions contained
herein, a perpetual non-exclusive easement for the purpose of pedestrian and bicycle ingress and egress
over, across and upon the sidewalks or bike paths now or hereinafter located within the Easement Area
for use by Grantee, its employees, patrons, guests and invitees ("Grantee's Invitees") to traverse to and
from the County Property.
3. Construction of Sidewalk Improvements. Grantee shall be permitted to construct and
install, from time to time, sidewalks, bike paths, and other related improvements within the Easement
Area ("Sidewalk Improvements"). All plans for the construction of Sidewalk Improvements shall be
presented to the Grantor prior to construction for approval by the Grantor, which approval may not be
unreasonably withheld, conditioned or delayed. All construction shall be at the sole cost and expense of
Grantee. Grantee shall comply with all federal, state, and local laws, ordinance, statutes, ordinances,
rules, and regulations with respect to the construction of Sidewalk Improvements.
4. Maintenance of Sidewalk Improvements. Grantee shall have the sole responsibility to
maintain and repair in a proper, substantial, and workmanlike manner, the Sidewalk Improvements. All
maintenance and repair of the Sidewalk Improvements shall be at the sole cost and expense of the
Grantee or Grantee's successors and assigns.
5. Reservation. Grantor reserves the right to use the Easement Area as Grantor shall deem
appropriate; provided, however, that (i) Grantor shall not materially interfere with the rights granted
herein and (ii) the Easement Area, aside from the Sidewalk Improvements, shall remain as greenspace.
Grantor shall specifically be permitted to establish gopher tortoise preserve areas within the Easement
Area and relocate gopher tortoises to the Easement Area, only to the extent that such relocation does not
interfere with the rights and uses contemplated herein as to the Easement Area.
6. Indemnification. To the extent permitted by law, Grantee shall indemnify, defend, save
and hold harmless Grantor, Grantor's officers, agents and/or employees from and against any suits,
demands, claims, liability, losses, penalties, damages, judgments, order, decrees, and costs and expenses
(including attorneys' fees and all costs of litigation) for property damage, liability, or death which may
result from or arise out of any willful misconduct or negligent act, error, or omission of Grantee which
occurred or is alleged to have occurred with respect to the construction, installation, maintenance, repair
or use of the Sidewalk Improvements. This indemnification provision shall not be construed as a waiver
of sovereign immunity or any limitation of liability to which the Grantee may be entitled under Section
768.28, Florida Statutes.
7. Termination. In the event that the County Property shall ever cease to be owned or used
exclusively by Grantee or any governmental entity, this Agreement shall automatically terminate and the
easement contained herein shall be of no further force or effect.
8. Notices. Any notice, request, demand, instruction or other communication to be given to
any party hereunder shall be in writing and either hand delivered, delivered by overnight courier or
telecopier or facsimile transmission, or sent by registered, or certified mail, return receipt requested,
postage prepaid, addressed as follows:
Page 2 of7
____·,··,_.._._..~·".d_____···_
OR: 3240 PG: 2371
If to Collier County:
Real Property Management Department
Administration Building
Attn: Toni Mott
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
Ellen T. Chadwell, Esq.
Assistant County Attorney
Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
If to School Board:
District School Board of Collier County
5775 Osceola Trail
Naples, Florida 34109
Attn: James H. Simms,
Associate Superintendent/Operations
Phone: (239) 436-6450
Facsimile: (239) 436-6531
With a copy to:
ROETZEL & ANDRESS, L.P.A.
850 Park Shore Drive
Naples, Florida 34103
Attn: John Clapper, III, Esq.
Phone: (239) 649-6200
Facsimile: (239) 261-3659
Any notice demand, request or other communication shall be deemed to be given upon actual
receipt in the case of hand delivery, facsimile or telecopier transmission, or delivery by overnight courier, or
four (4) business days after depositing the same in a letter box or by other means placed within the
possession of the United States Postal Service, properly addressed to the party in accordance with the
foregoing and with the proper amount of postage affixed thereto. In the event of any notice via telecopier or
facsimile transmission, a hard copy shall be sent via certified mail, return receipt requested on the day of
such transmission. Any such transmission received after 5 :00 p.m. Eastern Standard Time (or Daylight
Savings Time, whichever then applicable) shall be deemed to have been given on the next following
business day. For purposes of delivering and receiving any notices, demands, requests or other
communications under this Agreement, the attorneys for Grantee may directly contact Grantor and the
attorneys for Grantor may directly contact Grantee. The respective attorneys for both Grantor and Grantee
are hereby expressly authorized to give and receive any notice, demand, request or to make any other
communication pursuant to the terms of this Agreement on behalf of their respective clients.
The addressees and addresses for the purpose of this section may be changed by either party by
giving written notice of such change to the other party in the manner provided herein. For the purpose of
changing such addresses or addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in effect for all purposes.
Page 3 of7
OR: 3240 PG: 2372
9. Benefit/Burden. The easement and the rights and obligations created hereby shall run
with the land, shall be a benefit to the County Property and a burden to the Easement Area, and shall
inure to the benefit and burden of the Grantor and Grantee and their respective successors and/or assigns.
10. Governin2 Law. This Agreement is governed and construed in accordance with the
laws of the State of Florida.
11.
Florida.
Recordin2. This Agreement shall be recorded in the Public Records of Collier County,
IN WITNESS WHEREOF, the Grantor and Grantee have respectively caused these presents to be
executed the date and year first above written.
SIGNED AND ACKNOWLEDGED IN
THE PRESENCE OF:
THE DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
By: ~cviJu.d(
inda Abbott, ChaIr
-Y111l~~ 1t~v
(Print N e: lVJA.£c, IS D(.::¡.,I<~ )
[1~ ~~
(Print Name: (!kfH.'-! L6àhA-9'Î )
Date: ::¿ - I 3 - 0 3
STATE OF FLORIDA )
) ss.
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me, this ,p<¥c.. of $"dlttl~ ' 2003, by
LINDA ABBOTT, the Chair of the District School Board of Collier County, Florida, who is ( '1Personally
known to me or ( ) has produced as evidence of identification.
(SEAL)
~~
NOTARY PUBLIC
Name: Iì¿/tl,e fJupc)
I (Type or Print)
My Commission Expires:
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Page 4 of 7
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376269_1
Page 5 of7
OR: 3240 PG: 2373
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
.
Date:
Ò-l6 -ô~
OR: 3240 PG: 2374
EXHIBIT "A"
SCHOOL BOARD PROPERTY
THE WEST ~ OF THE NORTHWEST 114 OF THE NORTHWEST 114 OF THE
NORTHWEST 114, SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
Page 6 of7
*** OR: 3240 PG: 2375 ***
EXHIBIT "B"
COUNTY PROPERTY
ALL THAT PART OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
THE NORTHERLY 165 FEET OF THE FOLLOWING PARCELS:
PARCEL 29
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4
PARCEL 19
THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4
PARCEL 32
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4
PARCEL 28
THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4
PARCEL 17
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4
Page 7 of7
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