Parcel 510RDUE 168I
PROJECT: 99999 - Miscellaneous
PARCEL: 510RDUE
FOLIO: 39770400008
EASEMENT AGREEMENT
2', 20 by and between
431 I
THIS AGREEMENT("Agreement") is entered into this ��7 day of
ASHA MANOCHA, a married man, and VIPUL GARG, a married man, whose mailing address is 1415 North
Shevlin Court, Sewickley, PA 15143 (collectively, "Seller"), and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attorney's Office, Suite
800, Naples, FL 34112 (the "County").
Recitals:
A. Owner owns certain real property in Collier County, Florida, commonly known as Golden Gate
Estates, Unit 62, Tract 6.
B. The County desires to obtain a perpetual non-exclusive Road Right of Way, Drainage, and Utility
Easement (the "Easement") over, under, upon and across a portion of the Owner's property as described in
Exhibit"A" attached hereto (the"Property").
C. Owner recognizes the benefit and desires to convey the Easement to the County for the
purposes and on the terms and conditions set forth herein, said terms including that no monetary compensation
shall be due and payable by the County.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. AGREEMENT TO CONVEY. Owner hereby agrees to convey, and the County hereby agrees to
accept the Easement on the terms and conditions set forth in this Agreement.
2. PURPOSE OF EASEMENT. The Easement shall be for road right-of-way, drainage, and utility
purposes and includes the right to enter upon and use the Easement Area to a) construct, operate, maintain,
repair, replace and remove (i) roadways, driveways, curbs, sidewalks, bike paths, walking trails, bus shelters,
lighting, and all structures and other improvements ancillary to any of the foregoing, for use by the general
public to the extent same is maintained as such; (ii) canals, ditches, swales, earthen berms, rip-rap, retaining
walls and other retaining systems, underground pipes, irrigation lines and other types of water control
structures and facilities; and (iii) public utilities and, with the Grantee's prior written consent, private utility
facilities including, without limitation, facilities for electricity, gas, communication cables; and b) place,
excavate, use, store, plant, remove and dispose of soil, trees, landscaping, and other materials and
improvements, including the removal and disposal of any and all property, real and/or personal, not owned by
Grantee to the extent it interferes with Grantee's rights hereunder,without liability to the owner of such property;
all as deemed necessary or appropriate from time to time by Grantee.
3. CLOSING DATE. Owner's conveyance of the Easement to the County (the"Closing")shall occur
within 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME IS
OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering
Division, 2885 Horseshoe Drive South, Naples, Florida 34104.
4. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible,
Owner shall deliver the following documents to the County, properly executed and in a form approved by the
Collier County Attorney's Office (the"Closing Documents"):
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C.M1
16B1
(a) Road Right of Way, Drainage, and Utility Easement instrument;
(b) Affidavit of Title;
(c) Evidence of legal authority and capacity of the individual executing this Agreement on behalf of
Owner to execute and deliver this Agreement and the Closing Documents;
(d) Satisfaction, Partial Release, or Subordination from the holder of each mortgage open of record
encumbering the Property;
(e) Termination, Partial Release, or Subordination of any leases or rental agreements that encumber
the Property;
(f) Termination or Subordination of any existing easement that encumbers the Property, if required
by the County;
(g) and
(h) Such other documents as the County or title company deems necessary or appropriate to clear
title to the Easement.
Following the Closing, Owner shall execute any and all additional documents as may be requested by the
County or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties.
5. CLOSING COSTS.
A. County's Closing Costs. At Closing, the County shall pay (i) the recording fees to record the
conveyance instruments and any curative instruments required to clear title; and (ii) the cost of an owner's
policy of title insurance if the County elects to obtain one. Additionally, the County may elect to pay reasonable
costs incurred and/or processing fees required by mortgagees or other lien holders in connection with the
delivery of properly executed Satisfaction, Releases, Terminations, or Subordinations of any liens open of
record encumbering the Property. The County shall have sole discretion as to what constitutes "reasonable
costs and/or processing fees."
B. Owner's Closing Costs. At Closing, Owner shall pay all taxes and assessments that are due
and payable.
6. GENERAL PROVISIONS.
A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the
parties and their respective heirs, executors, personal representatives, successors and permitted assigns.
B. Assignment. The parties shall not assign any rights or obligations under this Agreement to a
third party without the prior written consent of the other party.
C. Entire Agreement. This Agreement constitutes the entire agreement of the parties as pertains
to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
D. Amendments. All amendments to this Agreement must be in writing and signed by both parties.
E. Severability. If any provision of this Agreement is determined to be legally invalid or
unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
F. Governing Law; Venue. This Agreement shall be governed and construed in accordance with
the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts
in Collier County, Florida, and the parties hereby agree to said venue.
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16B1
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below,
effective as of the date this Agreement is executed by the County.
Date: iG , 20 2- 3 OWNER:
-k11-12- iitC(.M.0 -(-: tr P
ASHA MANOCHA
VIPUL GAR
Date: fop fr. /0 , 2023 COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court&Comptroller COLLIER COUNTY, FLORIDA
By: " , I0'C ' By: ./215 ---
Deputyle k RICK LoCASTRO, Chairperson
' { Attest a to Chairman's
• • d'
's a`atutft only.
'y itiot IIA. ved as to f -'• legality: .
V 1 A. 11
D D. PERRY, ESQ. w
Assistant County Attorney `�
v\\
Last Revised 2/23/23
3 n
••• THIS IS NOT A SURVEY ••• Exhibit A
r E _ ROW PARCEL 51ORDUE 1 of 2
SKETCH
NOV 7 2022 A PORTION OF SECTION 8 TWN 48S RNG 28E
PARCEL No. 39770400008 16 B 1
LINE BEARING DISTANCE
L1 S 89'40'50" E 25.00'
L2 S 45'19'10" W 35.36'
L3 N 00'19'10" E 25.00' ,'7S
LOT
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S 89'40'50" E 43 RD AVE NE
Lu 50.00'
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LEGEND
P.O.C. — POINT OF COMMENCEMENT
P.O.B — POINT OF BEGINNING I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
THIS IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA
THIS MAPAPS AND RAISEDVAU SEAL UOT THE FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
SIGLICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM
FLORIDA REGISTRATION No. 6557 �� //��y,��
FOR COWER COUNTY yiki,
J " !
DATE SIGNED: ' .
BOARD OF COUNTY COMMISSIONERS TITLE
COJJ.TF;R COUNTY, FLORIDA ROADWAY DRAINAGE UTILITY EASEMENT
TRANSPORTATION ENGINEERING DIVISION rt=
¢BOE 90070 HORSESHOE DRIVE M1-t
NAPLES.FLORIDA 84104 ME)E6¢-S192 DATE 1 PROJ No. `HEET 1 of 2 SFILE:
••• THIS IS NOT A SURVEY ••• Exhibit A
PARCEL 5IORDUE 2 of 2
DESCRIPTION
A PORTION OF SECTION 8 TWN 48S RNG 28E
PARCEL No.39770400008 1 E B 1
DESCRIPTION:
A PARCEL OF LAND LOCATED IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 28 EAST,
COLLIER COUNTY FLORIDA BEING PART OF GOLDEN GATE ESTATES, UNIT NO. 62
SUBDIVISION AS RECORDED IN PLAT BOOK 5 AND PAGE 87 OF THE PUBLIC THE PUBLIC
RECORDS OF COLLIER COUNTY FLORIDA.
COMMENCING AT THE CENTERLINE OF EVERGLADES BLVD AND 43RD AVE NE AND THE COMMON
LOT CORNER OF LOTS 7 & 6 OF SAID PLAT;
THENCE S 89°40'50" E ALONG THE CENTERLINE OF 43RD AVE NE A DISTANCE OF 50.00' ;
THENCE S 00°19'10" W ALONG THE EASTERN RIGHT OF WAY LINE OF EVERGLADES BLVD
(50' RIGHT OF WAY) A DISTANCE OF 30.00' TO THE SOUTHERN RIGHT OF WAY LINE OF
43RD AVE NE AND THE POINT OF BEGINNING;
THENCE S 89°40'50" E ALONG SAID SOUTHERN LINE A DISTANCE OF 25.00' ;
THENCE S 45°19'10" W A DISTANCE OF 35.36' TO THE EASTERN RIGHT OF WAY LINE OF
SAID EVERGLADES BLVD;
THENCE N 00°19'10" E ALONG THE EASTERN RIGHT OF WAY LINE OF EVERGLADES BLVD A
DISTANCE OF 25.00'THE POINT OF BEGINNING;
HAVING AN AREA OF 312.50 SQUARE FEET, 0.007 ACRES
I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
THIS IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA
SIGNATURE IMAP AND VAUD SEAL UT THE ORIGFLOINAL
ADMINISTRATIVE CODE. PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
IDA
UCENSED SURVEYOR AND MAPPER. MARK D. McCLEARY. PSM
FLORIDA REGISTRATION No. 6557 i � %1/ "/J
FOR COWER COUNTY /6 �2''�L/ (/ ///7/�
DATE SIGNED:
BOARD OF COUNTY COMMISSIONERS TITLE
COLLIER COUNTY, FLORIDA ROADWAY DRAINAGE UTILITY EASEMENT
TRANSPORTATION ENGINEERING DIVISION .4,
2086•u=34104 DATE PROJ No. SHEET 2 of 2 FILE: 1/4