Backup Documents 09/15/2009 Item #16B 8
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1688
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print 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 action on the Item,)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
exception of the Chairman's signatur'~, draw a line through routing lines #1 through #4, complete the checklist, and forward to Ian Mitchell (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
l.
2.
3.
4.
5. Ian Mitchell, BCC Supervisor Board of County Commissioners ~J.- '1 Ff-/o3
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC 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 staff for additional or missing
information, All original documents 'needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Margaret Kreynus Phone Number 252-5846
Contact
Agenda Date Item was 09/15/2009 Agenda Item Number I6B8
Approved by the BCC
Type of Document Easement Agreement Number of Original One
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
a ro riate. (Initial) A licable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed Yes
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, {:tc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval ofthe N/A
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes
si nature and initials are re uired.
5. 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 BCe's actions are nullified. Be aware of your deadlines!
6, The document was approved by the BCC on 09/15/2009 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed tbe chan es, if a licable.
Please scan under Collier Boulevard 68056 as Parcel 129RDUE in the BMR Real
Property folder. Thank you.
MEMORANDUM 1688
DATE: Thursday, September 17,2009
TO: Ian Mitchell, Supervisor BCC Office Operations
\.J
FROM:~~ Margaret J. Kreynus, Senior Acquisition Specialist
\
RE: Easement Agreement
Collier Boulevard, #68056, Parcel No. 129RDUE
Thomas R. and Sunny M. Westby
Attached is a copy of the Easement Agreement in the amount of $29,300.00 ready for
execution by Chairman Donna Fiala. This represents a settlement in the amount of the
County's offer. The Board of County Commissioners on September 15, 2009 under
Agenda Item No. 16B8, approved the Easement Agreement, and authorized its Chairman
to execute it on behalf of the Board.
Please ask Chairman Fiala to sign the attached Easement Agreement on behalf of the
Board of County Commissioners and forward to the Clerk of Minutes and Records for
attestation. Thank you.
PROJECT: 68056 IhQ8
PARCEL No: 129RDUE
FOLIO No: 37992360009
EASEMENT AGREEMENT
r referred to as the "Agreement") is made and
, 2009, by and between THOMAS R.
WESTBY and M. SUNNY WESTBY, sb dad wife, whose mailing address is 3821 White
Boulevard, Naples, FL 34117-4127, (hereina er 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:
$29,300.00
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 valves and related electrical wiring, and all 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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19()2B 8
(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
which adversely affect Owner's ability to perform hereunder; nor is there any other
t~q8 ;
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 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 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
covenants not contained herein. No modification, amendment or cancellation of this
1688
Page 4
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:
DATED: q II \te-C1
BOARD OF CO TV COMM~NERS
COLLIER C , FLORIDA _
BY: ~ ~
I ~ .*t1 Clerk DONNA FIALA, Chairman
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Witness (Signature)
THOMAS R. WESTBY
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Name (Print or Type)
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Name (Print or Type)
Approved as to form and
legal sufficiency:
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'" EASEMENT PARCEL 129RDUE
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~ 10,800 SQ. FT.
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WHITE BOULEVARD
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OR = OFFICIAL RECORDS (BOOK/PAGE)
~ PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE)
V/~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7, PAGE 17
LEGAL DESCRIPTION FOR PARCEL 129RDUE
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A PORTION OF TRACT 127, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT ROOK 7, PAGE:,i7r&FTHi;:; / ,o'
PUBLIC RECOReS OF COLLIER COUNTt, FLOkIDA. LYING IN SECTIONS 11 AND 14. TOWNSHIP 49 SOpil'l'CBmGE<02.&'i,'
EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. , '~>'!.';".",,\.' ...... '. ,
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THE NORTli 60 FEET OF THE SOUTH 90 FEET OF THE EAST 180 FEET OF SAID TRACT 1,n,'..; : (r:: ,;,'"."dt.'.li''(>''
"f. . : I J': ''If)?!i,':'};:,'',:,:,,, '
CONTAINING 10,800 SQUARE FEET. MORE OR LESS., : ;:" . ,it" ,r,.';"",,: '
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[ J 'MICHAEL A WARD, ';PROFESSIONAL"LA~&l"S(jRVEYQR '
SKETCH & DESCRIPTION ONLY FLORIDA REGISTRATIDN CERTIFICATE NO.5;jOl'
NOT A BOUNDARY SURVEY SIGNING DATE: ."t'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VAUD WITHOUT THE ORIGINAL SIGNATURE &:, RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
D'XTAlliC
COLLIER BOULEVARD Planning
Visualization
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY CONSULTING avi1~
.&. "" '.L .A., Surveying & M8ppiDg
PARCEL 129RDUE 661 D W/lJow Park Drive, Suite 2DO
COLLIER COUNTY, FLORIDA Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597.0578
LB No,; 6952
JOB NUMBER . SCALE DATE FILE NAME SHEET
i0106,02,OO 0006 1" = 80' 8-23-07 UN27 SK129RDUE 1 OF 1