Parcel 810
PROJECT: 511012
PARCEL No: 810
FOLIO No: 00443640001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this qfk. day Of~rj I ,20Qi., by and between ANGELITA
HODGE AND CURTIS HODGE, JR., husband and wife, whose mailing address is PO
Box 120007, Fort Lauderdale, Florida 33312 - 0001, (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 Drainage 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 $13,500.00 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, and all other damages in connection with
conveyance of said Easement to Purchaser, including all expert witness fees and
costs as provided for in Chapter 73, Florida Statutes. Owner shall also receive a
reasonable attorneys' fees in the amount of $3,333.33 made payable to Ruden
McClosky for legal services.
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 Drainage Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
Easement Agreement
Page 2
(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 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
Easement Agreement
Page 3
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 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, ~ shall further paY@documentary stamp taxes
required on the instrument(s) oftran~1l I. AN ~
rtl'f'(~fS(r C'tf'
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.
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.)
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
11"- day of f)f1Y': I ,20.0.+'
Property acquisition approved by BCC pursuant to Resolution No. 2004-205, dated June
8, 2004.
AS TO PURCHASER:
DATED:, '. . i/:jLttJ7
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A nEiST: . ....
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$ \ ~!,I,t 1.,,;1 {, (..h 1
AS TO OWNER:
DATED: -}.'7. )~ 'J.007
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Witness (Signature)
T},&n,o fi, &tlIJ
Name (Print or Type)
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ignature)
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Name (Print or Type)
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Witness (Signature)
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Name (Print or Type)
CO
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY:
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C:~~!t,
CURTIS ROD E. R
ignature)
(~ ;: (h h t1 S Ion
Name (Print or Type)
Easement Agreement
Page 5
Approved as to form and
legal sufficiency:
M,J, r /~
{,J.- lien T. Chadwell
V Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
P.O.B. NW COR. SEC. 32,
TWP. 50S, RGE/
/ S 89"38'10" E
PROJECT 5110J2.
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PERPETUAl.. NON-EXCI.USIVE
DFUijNAGE EASEMENT
LEGAL DESCRIPTION
THE WEST 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 02"48'30" W ALONG THE WEST LINE OF SAID SECTION 32
300.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02"48'30" W 150.00 FEET; THENCE
S 89"38'10" E 300.00 FEET; THENCE N 02"48'30" E 150.00 FEET; THENCE N 89"38'10" W 300.00' TO THE
POINT OF BEGINNING.
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) RIW = 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:
A 2e{ { ~
--:}~f2lX_!+__. -:::--_____~_:..I::_':__________
crEc)RGER RICHMOND P:L.S. 2406
COLLIER COUNTY PUBLIC WORKS
3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 34112.
_.~..,,_.
,-.
oCA,",
NOT TO SCALE
DATE
FILE NO. .,'
GWY816
SHEET 1 OF 1
JUNE 8, 2000
.
.
~ Ruden
~~I McClosky
200 EAST BROWARD BOULEVARD
SUITE 1500
FORT LAUDERDALE, FL 33301
P. O. BOX 1900
FORT LAUDERDALE, FL 33302-1900
TELEPHONE: (954) 527-2474
FACSIM1LE: (954) 333-4074
THOMAS.BOLF@RUDEN,COM
January 24, 2007
/:iECI'-
..-::Iv,-=O
Ms. Margaret Kreynus
Right-of-Way Acquisitions
Collier County Transportation
Services Division
2885 South Horseshoe Drive
Naples, FL 34104
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, Capt
Re: Collier County Acquisition from Curtis, Angelita and Robert Hodge
Parcels 808, 810 and 812
Dear Margaret:
In follow-up to our prior communications, I met with my clients, Angelita, Curtis and Robert
Hodge, regarding the above-referenced matter. I enclose hereWIth the executed originals of the Easement
Agreements, as executed by Angelita and Curtis Hodge. Jr. (as to Parcels 810 and 812) and Robert J.
Hodge (as to Parcel 808). Please note that in each of the documents, Paragraph 9 has been revised and
indicate the documentary stamps will be payable by the Purchaser instead of the Owner. At my meeting,
my clients noted that this is a forced transaction and at the County' s behest, and thus the County should
bear those expenses. In addItion, pursuant to Attorney General's Opinion 94-56, I believe the County is
exempt from paying documentary stamps on this transaction, so it should not affect the business terms.
The Easement Agreements contemplate the execution by my clients of a Drainage Easement.
You have provided to me the form of that Drainage Easement, and I have sent to you a January 22, 2007
e-mail summarizing revisions to same. I enclose herewith the revised Drainage Easement which my
clients anticipate executing as part of this transaction. Kindly review the Drainage Easement, as revised,
with the appropriate County personnel, and provide me any comments.
Thank you for YOllr assistance. Please contact me should you have any questions concerning the
foregoing.
~/~
Thomas R. Bolf
TRB:fj
Ene.
cc: Heidi Ashton, Esquire (w/Drainage Easement)
Mr. Robert J. Hodge (w/Drainage Easement)
Mr. and Mrs. Curtis Hodge. Jr. (w/Drainage Easement)
FTL:2054708:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT.tAUDERDAlE . MIAMI. NAPLES. ORLANDO. PORT Sf. LUCIE . SARASOTA. Sf. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH