Parcel 107DE (Project: 02007)
Project: 02007 - Miscellaneous Project - Pine Ridge Road
Parcel: 107DE
Folio: 67282720002
AGREEMENT
THIS AGREEMENT (herein:t. referred to as the "Agreement") is made and entered
into on this ---.JJ_ day of ~~~ , 204, by and between TODD T.
TURRELL, Individually and as Trustee under an unrecorded trust agreement known as
the "TODD T. TURRELL REVOCABLE TRUST OF 2007" DATED NOVEMBER 14, 2007,
whose mailing address is 63 Eugenia Dr., Naples, Florida, 34108-2918 (hereinafter 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
"County").
WITNESSETH:
WHEREAS, County has determined that it needs to replace a segment of pipe on
Owners lot; and
WHEREAS, County has requested that Owner convey to the County a Drainage
Easement over, under, upon and across the lands described in Exhibit "A" (said easement
hereinafter referred to as the "Property"), which is attached hereto and made a part of this
Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Properly
to the County for the stated purposes, on the terms and conditions set forth herein, said
terms including that no compensation shall be due and payable for the Property requested by
County; and
WHEREAS, Owner wishes to install landscaping over the Property, after the new pipe
is installed; and
WHEREAS, County grants Owner, at Owner's expense, permission to enhance the
landscaping along the property as long as the landscaping is native to Southwest Florida and
does not have an invasive root system; and
WHEREAS. Owner shall be responsible for future maintenance of the said landscaping
over, under, upon and across the property; and
WHEREAS, if County is required to disturb said landscaping to access or maintain the
pipe and Drainage Easement, County will replace any disturbed sod but is not obligated to
replace any disturbed or damaged plantings; and
WHEREAS, County shall be responsible for future maintenance of the pipe and the
Drainage 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 E::xhibits referenced herein are
made a part of this Agreement.
2. Owner shall convey the Property to County, in a form acceptable to County and at no
cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery
to County of a properly executed easement instrument) is hereinafter referred to as the
"Closing."
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Properly, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Owner shall provide such
instruments, properly executed, to County on or before the date of Closing.
4. This Agreement shall be null and void, and of no further force or effect, unless Closing
shall occur within sixty (60) days from the date County executes this Agreement;
provided; however, that County shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which either
remove, release or subordinate any and all such liens, encumbrances or qualifications
affecting County's enjoyment of the Property.
5. County 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.
6. 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.
7. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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.
8. This Agreement is governed and construed in accordance with the laws of the State of
Florida
IN WITNESS WHEREOF, the undersigned parties have caused these presents to be
executed the date and year first above written.
Acquisition Approved by BGC pursuant to agenda item 16B6 approved on April 10th 2007.
AS TO COUNTY:
DATED: /;l-II-tJ7
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIG~T E. BROCK ..... COLLlE~R CO ,FL R~.# Jt'
~~~i"D~,BY. ..._~
a'ttett ... to . dtk J ES COLETTA, Chairman
.tgllltlrt 011-
AS TO OWNER:
DATED: -.-J'd-\ vI \07_
krx
Witness (Signature)
~IDMDUALLY
AND AS TRUSTEE
le e. /V1. y<-v Sse ~ \
Name (Print or Type)
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Project: 02007 - Miscellaneous Project - Pine Ridge Road
PARCEL: 107 DE
Folio No.: 67282720002
STATE OF FLORIDA
COUNTY OF COLLIER
GRANTOR'S NON-FOREIGN. TAXPAYER IDENTIFICATION & "GAP" AFFIDAVIT
The undersigned, TODD T. TURRELL, INDIVUALLY AND AS TRUSTEE UNDER AN
UNRECORDED TRUST AGREEMENT KNOWN AS THE "TODD T. TURRELL
REVOCABLE TRUST OF 2007" DATED NOVEMBER 14, 2007 after being duly
sworh, deposes and says:
1. Grantor is the fee simple owner and the only owner of the property located in
Collier County and described in Exhibit "A" attached hereto ("Property").
2. Grantor's Legal Name is: TODD T. TURRELL
3. Grantor is in sole constructive or actual possession of the Property, and there is
no other person or entity that has any possessory right in the Property.
4. Grantor has full authority to convey the Property.
5. There are no existing contracts for sale or mortgage commitments other than
those being closed affecting the Property.
6. Grantor knows of no defects in the Property's title and, except for real estate
taxes for the current year and those items identified on Exhibit "B" attached
hereto, there are no liens, encumbrances, mortgages, claims or demands on or
against the Property.
7. There are no unrecorded labor, mechanics', material men's liens or "Notices of
Commencement" against the Property; no material has been furnished to or
labor performed upon the Property within the past ninety (90) days which has not
been paid for in full; no notices to owner have been delivered to or received by
the Grantor.
8. There are no bills, liens or assessments for sanitary sewers, paving or other
public utilities, or improvements made by any governmental instrumentality,
which are now unpaid, against the Property. Further, Grantor acknowledges
responsibility for water, sewer and electrical consumption charges through date
of closing or occupancy by Grantor, whichever first occurs. If any bills, liens or
assessments are found which relate to the period of Grantor's possession,
Grantor will pay same upon demand. Grantor shall obtain any release
documents needed which relate to bills, liens or assessments not paid at the
time of closing.
9. No notice has been received of any public hearing regarding future or pending
zoning changes or assessments for improvements by any governmental
instrumentality.
10. Grantor knows of no violations of local or state laws or private covenants,
restrictions or conditions which pertain to the Property.
11. There are no judgments, orders or decrees which have been entered in any state
or federal court against the Property or Grantor, and there are no civil or
administrative actions pending against Grantor or which involve the Property in
any way, including no action for dissolution of marriage or bankruptcy.
12. The Property and all uses of the Property have been and presently are in
compliance with all Federal, State and Local laws, regulations and ordinances,
including environmental laws, and that the Grantor has no knowledge of any spill
or environmental law violation on any property contiguous to or in the vicinity of
the Property; and that Grantor 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/or acceptance and is not deemed satisfied by conveyance of title.
13. There are no unrecorded deeds, judgments, liens, mortgages, easements or
rights of way for users, claims, boundary line or other disputes, or demands of
any nature asserted against or affecting the Property.
14. There are no matters pending against Grantor that could give rise to a lien that
would attach to the Property, or cause a loss of title, or impair title between the
effective date of the title insurance commitment (or title search showing
ownership and encumbrances) and the time of recording of the instruments
evidencing the County's fee simple or other interests in the Property; and that
Grantor has not executed and will not execute any instrument that would
adversely affect the title to the Property from the date of this Affidavit forward.
15. Grantor agrees to fully cooperate with Collier County when necessary to correct
an error discovered after closing and, in doing so, to execute, without delay, any
corrective instrument(s) needed in order to effectuate the intent of the parties to
this transaction. This provision shall survive closing.
16. Grantor understands that this certification may be disclosed to the Internal
Revenue Service by Collier County and that any false statements made here
could be punished by fine, imprisonment, or both. Grantor further authorizes the
submission of this affidavit if and when required.
17. Under penalties of perjury, I, the undersigned affiant, state that I have examined
this affidavit and to the best of my knowledge and belief it is true, correct and
complete as of the date of execution hereof; that I am authorized to execute this
affidavit as or on behalf of Grantor and to bind Grantor thereby; that I will
immediately notify Collier County of any change to the representations contained
herein and that, in the absence of such notification, Collier County may rely on
the representations contained herein on the day of closing; that Grantor intends
for Collier County, its agents and attorneys, the title company issuing the title
policy (if title insurance is to be issued), its underwriter and its employees, any
escrow/settlement agent and other parties and their attorneys participating in this
transaction, to rely on these representations, and Grantor will indemnify said
parties for all damages, loss, liability, claims, cost and expenses, including
attorney fees, which arise out of or result from their reliance upon these
representations, irrespective of whether I was negligent in making these
representations or executing this Affidavit.
~f
TiC) T. TURRELL, INDIVIDUALLY
AND AS TRUSTEE
lee 'm R.0S")~ \\
Name (Print or Type)
GrIY't>~~\ ll.J ~
itness- (Signawre)
~ W. ~(~f'\
Name (Print or Type)
STATE OF F\oricXC\.
COUNTY OF r olll Q.r
Sworn to and subscribed before me this r I tV\ day of l..G.o-e O...fl\ .h.eA
20.0...1, by TODD T. TURRELL who did take an oath, and who (check one):
/ is personally known to me
OR
_ produced
identity.
as proof of
(affix notarial seal)
......~~".... LEE M. RUSSELL
?rJ).~:; MY COMMISSION # DO 448555
....~...i EXPIRES: October 30, 2009
'\o1.j::#..~" BonclBdlhruNola/"fPl.bllcUl'ld8rWrtlal'S
Serial/ Commission # (if any):~ lf~~-
My Commission Expires:
10 -30 -07
Approved as to form & legal lultlclency
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Order Number. 40331058LA
Reference Number: 06-0038-103
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EXHIBIT 0
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1.. Easements or claim. of casoments not shown by the Public Records, boundary line disputes. overlaps, encroachments, and
any mailers not of record which would be disClosed by an accurate survey and inspection of the premises.
~. Rights .of partie. in pOSSesSIOn, other than the record owner.
S. Any lien, or nghl to a lien, for services. labor, or materials heretofore or hereafter furnished, imposed by law and not shown
by the Public Records.
A. Any lien provided by Chapter 159. Florida Statutes, iIi favor of any city, town. village or port aulbonty for unpaid Service
charges for service by any waterJ sewer or gas system supplymg the insured land.
.5,; Reservations and other matters as shown on lbe plat of PINE RIDGE EXTENSION, recorded in Plat Book 3, Page 51.
(". Declaration of Covenants, Conditions and Restnctions recorded in Official Records Book 2, Page 427.
? Rights. if any, of the public to use as a public beach or rocreallcn area any part of the land lying between the body of water
abutting the subject property and the natural line of vegetation, bluff, extreme high water line, or other apparent boundary
line separating the publicly used area from the upland pnvate area.
~, Note: Riparian rights are not insured.
Nom: All recording references in the commitment/policy shall refer to the Public Records of Collier County, Florida. unless
otherwlSe noted.