Parcel 168
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PROJECT: 60044
PARCEL No(s): 168
FOLIO No(s): 40171000009
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this ~ day of ~-~~ ,20 0 l.., by and between JOAN C.
Hill AND ROBERT L. Hill, III, CO-TRUSTEES of THE ROBERT L. Hill, JR. FAMilY
TRUST, dated May 20, 2003, whose mailing address is 125 Myrtle Road Naples, Florida
34108 (hereinafter collectively 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 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"); 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 $31,900, 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, 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. 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) Perpetual, non-exclusive Road Right-of-Way, Drainage, & Utility Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(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
Easement Agreement
P 10A
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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 of this Agreement and
that, 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 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.
6. 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.
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 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
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Easement Agreement
Page 3
affecting the property underlying the Easement and not to do any act or omit
to perform any act which would change the physical condition of the property
underlying the Easement or the governmental ordinances or laws governing
same.
(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 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.
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, 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.)
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Easement Agreement
Page 4
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 consensual 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 this
~u day of VE.t'~e1?- , 20~.
Pursuant to Resolution No. 2006-107, dated 4/25/2006, item 10A.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~8.--:
Frank Halas, Chairman
AS TO OWNER:
DATED: t'2-I'l..l.P {olt'
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Name: 0;JIJ [, i3,~LL-
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Itness (Signature)
Name: LJ be\... -Rfr)~ ~ Vll ~
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OA . HILL, CO-TRUSTEE OF THE
ROBERT L. HILL, JR. FAMILY TRUST
DATED MAY 20,2003
Easement Agreement
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Page 5
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Wit ss (Signature)
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(Print or Type)
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ROBERT L. HILL, JR, CO-TRUSTEE OF
THE ROBERT L. HILL, JR. FAMILY
TRUST DATED MAY 20,2003
Approved as to form and
legal sufficiency:
~L VCL4~
Ellen T. Chadwell
Assistant County Attorney
PROJECT NO. 60044
PROJECT PARCEL NO. 168
EXHIBIT
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LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 180
FEET OF TRACT 13, GOLDEN GATE ESTAtrES UNIT NO. 68, AS
RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
CONTAINING 0.289 ACRES, MORE OR LESS.
THE SOUTH 180 FEET OF TRACT 13
NORTH PROPERTY LINE
~
SOUTH PROPERTY LINE
.. -.. -.. -.. -.. -.. -. --..
PROPOSED ADDITIONAL RIGHT-OF-WAY (70 FEET)
-"-..-.. -.. _.. _.. -.. _.. -.. - ".-. .-.. - ..-.. -.. -.. -., _.. -..-. '-' '-"
/ EAST HALF OF
EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD RIGHT-OF-WAY
..-. '-"-"-;:,Jtf'-..- "-"-..-..
(50 FEET) "",.-
WEST PROPERTY LINE
-.. -..-. '-" _.. -..-..-.. -.. -.. -.. -.. -.. -..-.. _.. -.. -.. -'.-.. -.. _.. -.. -.. -' .-.. -.. -.. -.. -.. -.. -..
NORTH
NOT TO SCALE
Collier County Transportation Engineering & Construction Management Department
09/25/0612:15 PM