Parcel 117
1685
PROJECT: 65061
PARCEL: 717
FOLIO: 36666880007
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (~~reinafter
referred to as the "Agreement") is made and entered into on this ---JJ- day of
~ ' 2005, by and between Virginia Martin, a single woman, whose
ma ing address is 12217 SW 132 Court, Miami, FL 33186, (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, the Purchaser requires a Temporary Construction Easement
(hereinafter referred to as "TCE") 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 "Property") to provide room to maneuver equipment in order to
construct a grade-equalizing slope in the Purchaser's existing right-of-way that is
adjacent to the Property; and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the TCE over, under, upon, and across the Property.
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 are 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 TCE to Purchaser for the sum of $500.00 subject to the
apportionment and distribution of proceeds pursuant to paragraph 7 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
TCE conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and for any damages resulting to Owner's remaining
lands, and for all other damages in connection with conveyance of said TCE to
Purchaser, including all attorneys' fees, expert witness fees and costs as provided
for in Chapter 73, Florida Statutes. Owner hereby authorizes Purchaser to make
payment in the amount of $500.00 to Midwest Title, as settlement agent for the
disbursement of proceeds incident to said sale and conveyance of the Property.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within sixty (60) days of the
execution of the Agreement by Purchaser. At closing, Owner shall deliver a
Temporary Construction Easement to Purchaser in a form acceptable to
Purchaser and Purchaser shall deliver the County Warrant to Owner.
4. Owner is aware of 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.
Temporary Construction Easement Agreement
pagt6 B 5
5. Owner represents that the Property and all uses of the 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 except as specifically disclosed to the County; that the Owner has
no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property to be sold to the County, that the
seller has not received notice and otherwise has no knowledge of a) any spill on
the Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive closing and is not deemed satisfied by conveyance of title.
6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to reimburse the County 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 County by reason or arising out of the breach
of owner's representation under paragraph 5. This provision shall survive closing
and is not deemed satisfied by conveyance of title.
7. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed 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; 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.
8. Owner agrees to grant the TCE for the purpose of maneuvering equipment in
order to construct a grade-equalizing slope in the Purchaser's existing right-of-way
that is adjacent to the Property. This TCE shall expire on September 30, 2008. In
the event that the construction of the grade-equalizing slope has not been
completed by September 30, 2008, the Purchaser reserves the right to record in
the Public Records of Collier County a Notice of Time Extension which shall grant
a one (1) year time extension until September 30, 2009, for the completion of said
construction. Owner shall be provided with a copy at the recorded Notice of Time
Extension.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
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 trustee, and assignees whenever
the context so requires or admits.
11. Conveyance of the TCE, or any interest in the Property, by the Owner is
contingent upon no other provisions, conditions, or premises other than those so
stated herein; and the 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.
Temporary Construction Easement Agreement
Page 16 8 5
IN WITNESS WHEREOF, the parties hereto have executed this Temporary
Construction Easement Agreement on this day of , 2005.
Dated Project/Acquisition Approved by BCC:
Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003
Condemnation Resolution No. 2004-182, Agenda Item No. 10F, Date 5/25/2004
AS TO PURCHASER:
~ /'
DATED: <, -(0' 0)
ATTEST: ,,' c":M:n (
\ . '. .. .
DWIGHTE. BROCK;-cIEfrk
:'/",' ". '\", ',",";'
~ . ) .
,;.. : ~C
Atti~t':, as 'to C .!l~trClerk
s 1 ill4tllrt 0111.)'; I,' ,
'j. . ,
AS TO OWf:4~~:;;;:" '
,
DATED: {.~ rJYJ daJ5
WITNESSES:
~-fuJ"~
(Signature)
\0(. (10.. ,~,....sr v c..K-
(Printed Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~~ W. (~
Fred . Coyle, Chairman
/u~ ~(~L
V' .. M~
Irglnla artln
\
",\,'ll", r~~,>~~.."J':j~\ ,~~:tl~
. ~ ~'1:"!;::~~;-; : .,','<i:_:j
;:';jOi
~.fJJrx,-
'~'(fe~~
CSI-:,1 uS
Approved as to form and
let;:ufficiency:
," ~ V {~hA/7h-
o/Ellen T. Chadwell
Assistant County Attorney
TRACT __________L13.L__
----------(2-11:)--------------------
"
,
I
I
_1-
5TH AVE, N,W.
GOLDEN GATE ESTATES
UNIT NO. 2
P.B. 4, PAGE 75
TRACT
@
LEGAL DESCRIPTION
A portion of the S~uth 150 feet of Troct 111
Golden Gate Eetatee Unit No.2, Plat Book 4,
Pages 75-76, of the Public Records af Collier
Caunty. Florida, being more particularly
described as follows:
Commencing at the Sautheast corner af Tract
111; thence S.B9' 31' 2B"W. along the South line
of Tract 111, 0 distonce of 55.00 feet to the
POINT OF BEGINNING; thenae continue
S.B9'31 '2B"W. along sold line, 0 distance of
5.00 feet; thence N.00'2B'32"W.. 0 distance of
150.00 feet to its intersection with the North
line of the South 150 feet of Tract 111;
thence N.B9'31'2B"E. along said North line, a
distance of 5,00 feet; thence S,OO'2B'32"E., a
distance of 150.00 feet to the POINT OF
BEGINNING,
Containing 750.00 square feet or 0.0172
acres, more or less.
.S.M. (FOR THE FIRM)
5834
J -JJ -OJ (DATE SIGNED)
NOT VALID WlniOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF ALrrHORIZATION LB #43
P"""'CT NO., 65061 P....cEL NO, , 71 7
Wil.Mill.,k'~""-
,.."......._...... -arw,on .~Ar1lI6cIt. J1__.....~
IlIo.> J....., Itc
....' lid...., _. _,"""
-.....~...I>> ...IIIMI........".. .......,.1\1....... ... ............
So, '1, 2003 - ",24,48 MlAMURE!X,\SUR\NI01S\IShdloo.dwg
09/2003
I
:1685
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~
10
en
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d
r r
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V< Vl
ON
~
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en
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LINE
L128
L129
L130
1131
L132
LINE TABLE
LENGTH
55.00
5.00
150.00
5.00
150.00
BEARING
S89'31'2B"W
S89'31'2B"W
NOO'2B'32'W
NB9'31'28"E
SOO'28'32"E
NOTES:
1. This is not a survey.
2, Basis of bearing is the West line of County
Road 951 (C.R. 951) being N 00'2B'32" W, Florida
State Plane Coordinates NAD 83/90, Eost Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plat, unles~
otherwise noted.
5, ROW represents Right-of-Way.
6. P.O,S. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
B, O,R. represents Official Records.
g. loB.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
N
I I
o 215 150 100
GRAPHIC SCALE
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH 4& DESCRIPTION
PROJECT NO.:
N6015-005-000
SHEET NUMBER!
777 OF XXX
FILE NO.:
2L-812
PROJECT: 65061
PARCEL: 117
FOLIO: 36666880007
1685
PURCHASE AGREEMENT
THIS PURCHASE AGREE;MENT (hereinafter referred to as the "Agreement") is
made and entered into this ~ day of (~ ' 2005, by and between
Virginia Martin, a singie woman, whose mailing address is 12217 SW 132 Court,
Miami. FL 33186, (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 fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner desires to convey the Property 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
Property.
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 Property to Purchaser for the sum of $23,560.00
subject to the apportionment and distribution of proceeds pursuant to
paragraph 8 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 Property conveyed, including all landscaping, trees,
shrubs, improvements, and fixtures located thereon, and for any damages
resulting to Owner's remaining lands, and for all other damages in connection
with conveyance of said Property to Purchaser, including all attorneys' fees,
expert witness fees and costs as provided for in Chapter 73, Florida Statutes,
Owner hereby authorizes Purchaser to make payment in the amount of
$23,560.00 to Midwest Title, as settlement agent for the disbursement of
proceeds incident to said sale and conveyance of the Property.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of' such
instruments which will remove or release such encumbrances from the
Property upon their recording in the public records of Collier County, Florida.
Owner shall provide such instruments, properly executed, to Purchaser on or
before the date of Closing.
4. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and !'lat l~1u8fcre Closing shall ,~,ccur within sixty (60) 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 Property. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the conveyance instrument
to Purchaser in a form acceptable to Purchaser.
5. 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.
6.
7.
8,
Owner represents that the Property and all uses of the Property have been a16 8 5
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 except as specifically disclosed to the Purchaser;
that the Owner has no knowledge of any spill or environmental law violation on
any property contiguous to or in the vicinity of the Property 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, b) any existing or threatened
environmental lien against the Property or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the Property. This provision shall survive Closing
and is not deemed satisfied by conveyance of title.
Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to 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 Owner's representation under Section 6. This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed 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; 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.
9.
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.
If the Owner holds the Property 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 before the Property 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.)
11,
Conveyance of th:> Property 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.
12.
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Purchase Agreement
Page 2
1685
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of , 2005.
Dated Project/Acquisition Approved by BCC:
Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003
Condemnation Resolution No. 2004-182, Agenda Item No. 10F, Date 5/25/2004
AS TO PURCHASER:
DATED: t;- JI - D S
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSiONERS
COLLIER COUNTY, FLORiDA
I r-Oc:
BY: '1uJ-W. ~
Fred W. Coyle, Chairman
, De utv Clqrk
Attest IS to C I\~n s
s\patllrt 0II1J.
AS TO OWNER:
~:
DATED: a ,;u:J5
~-
Witness (Signature)
__. c ,),;:
(.Ji-~- ~~
Virginia artln
-K.. b.. _ ""'-JA. ..sru ~
f4:IJ
ess ( 'gn
Vctvt I <: I ~VC<.(ec
Name (Print or Type)
Approved as to form and
legal sufficiency:
/"
>>~ ~ tl.LJ/7A--
Ellen T. Chadwell
Assistant County Attorney
r \IHII,
,,~'(<"''f,:!l,ll, E,I: 1 b
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~~.., "\,-,..:.. /"'''Z'!:''-~t.l. Pendqco
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f I i 2 tl--h efh PeAY}//t r
tip! r-e.s .. NOV. \01 I ;wo'l
commt D\) 1-loCJofS
Purchase Agreement
Page 3
GOLDEN GATE ESTATES
UNIT NO. 2
P.B. 4, PAGE 75
r-.
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. 168
~
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_1-
5TH AVE. N.W,
,~
TRACT
@
L62
-
10
Ol
ci
U
L-I
I
-
10
Ol
ci
U
-
.....,
LINE
L61
L62
LINE TABLE
LENGTH
55,00
55,00
l-J
I
I
~
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LEGAL DESCRIPTION
A portion of the South 150 feet of Tract
111 Golden Gate Estates Unit No.2,
Plot Book 4, Pages 75-76.
Collier County, Florida. being more
portlculorly described os follows,
Beginning at the Southeast corner of
Tract 111; thence S.89'31'28"W. along
the South line of Tract 111. 0 distance
of 55.00 feet; thence N.00'28'32"W., 0
distance of 150,00 feet to its
Intersection with the North line of the
South 1/2 of Tract 111; thence
N.89'31'28"E, along said North line, a
distance of 55,00 feet to Its Intersection
with the Easterly line of Tract 111;
thence S.00'28'32'"E, along the East line
of Tract 111, 0 distance of 150.00 feet
to the POINT OF BEGINNING.
Containing 8,250,00 square feet or
0.1894 acres, more or less.
NOTES:
1. This Is not 0 survey.
2. Basis of bearing Is the West line of County
Rood 951 (C.R. 951) being N 00'28'32" W, Florido
Stote Plane Coordinates NAD 83/90, East Zone,
3. Subject to easements, reserv~tjons and
restrictions or record.
4. Easements shown hereon are per plot, unless
otherwise noted,
5. ROW represents Right-of-Way,
6. P.O,8. represents Point of Beginning,
7. P,O.C, represents Point of Commencement.
8. O.R. represents Official Records.
9. L.B.E, represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
~~ 1, ~(FOR TH~ FIRM)
FLORJDA lIC. - NO. 5834
q' -f7-0 ~,
3M
- (DATE SIGNED)
NOT VALID WITHOUT tHE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
PROJECT NO" 65061 PARCEL NO. , 11 7
Wil.Miller-'~"-
-,- '_,_,'""'-_ .n.__,..,,""--
MIotu'M<<', he.
...""....'-,-'....
__.Uta ....I'IItil.....,.".. .........,.........,.,......................
lop II. 2003 - 13:21,27 NlAIotURElX,\SUR\NS01S\e91odlilo.dwe
. I
200
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH k DESCmPTlON
09/200:1
PROJECT NO.:
N60'(J-005-000
SHEET NUMBER:
"7 OF XXX
FlLE NO.:
2L-812