Parcel 134RDUE
PROJECT: 68056
PARCEL: 134RDUE
FOLIO: a portion of 37994800004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this?i day of ~;--e , 2008, by and between
ROBERT M. JONES, whose mailing address is P. O. Box 595, Naples, FL 34106-0595,
(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 "Purchaser").
WHEREAS, Purchaser requires a perpetual, non-exclusive Road Right-of-Way,
Drainage and Utility Easement to enter upon and to install and maintain roadway, bikepath
and sidewalk improvements, drainage structures, including but not limited to ditches,
swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various
types of water control structures and any and all manner of public and private utility
facilities, including the right to remove and use any and all excavated material, 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 Property to Purchaser for the sum of:
$33,881.76
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
Property 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, including but not limited to the
cost to relocate the existing irrigation system and other improvements, and the cost
to cut and cap irrigation lines extending into the Property, and to remove all sprinkler
valves and related electrical wiring, and 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.
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:
Page 2
(a) Road Right-of-Way, Drainage and 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
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 agrees to relocate any existing irrigation system located on the Property
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Property, the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permit Owner to salvage the Improvements as long as their
retrieval is performed before construction and without interruption or inconvenience
to the County's contractor. All Improvements not removed from the Property prior to
construction of the project commences shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. 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.
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.
Page 3
(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 property underlying the Easement and not to do any act or omit
to perform any act which would adversely affect the physical condition of the
property underlying the Easement or its intended use by Purchaser.
(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
Page 4
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, unless the Easement is acquired under
threat of condemnation.
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. (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.)
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 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 the
date first above written.
AS TO PURCHASER:
Is to .~r
If QIlltan 0II1~"-
BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, FRIDA
BY:
TO
.
Page 5
AS TO OWNER:
DATED:
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ROB~?JO S
Witness (Sign ure)
~clr . Patrick
Name (Print or Type)
Approved as to form and
legal ufficiency:
eKe
Last Revised: 8/10/07
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TR/\CT 1 SO
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TRACT 148
GOLOEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
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WEST 180' OF TRACT 148
JONES
OR 3880/276
NE,LSON
OR J6E<3/32B2
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PROPOSED ROADWAY
EASEMENT PARCEL 134RDUE
10.800 SQ n
CUlLLAR
OR 3%0/290
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40+00
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37+00
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WH!TE BOUlEVARD
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PROPOSED "(GAOWAY. DRAIN/,GE, AND UTI;iTY EASEMEhr, (RDUC)
EXISTING RIGH' OF WAY Df!)ICP~D 10 r,-',r P[RPfTU\L uSE
OF THE PUB! Ie P::R P:....,4.T 800K J, P"G~' 1 7
. PERPETUAL. NON-EXCl.uSI~
ROAD RIGHT .()F-\'\IAY,IlRAINAGE
ANO UnUTY EASEMENT
0;': OFFICIAL "WeOIDS :30,)~~/P/<;:)
LEGAL DESCRIPTION FOR PARCEL 134ROUE
A PORTIO~~ OF '-[MeT 148, GOLDiN GI'.T[ ESfA1T'S. V'll'" 27 AS ,RECORDED 1N PtAT ROOK 7, Pf,GE 1] or IHE
PIJBUC RECORDS OF C':'::LJL>{ COUNTY, ttQI{lDl" LYiNG IN 5((;1'101>.1$ 1 1 AND 14, rOWNSHiP 49 SOUTH, RNJGE 2ti
[AS'. COLLIER CDUNn'. FLORiDA gDNG MORE PARTiCulARLY ;}E::~CRB[D ,AS .DL1DWS
THE NORTi-' 6:) fEU ,:)1-" ThE SOUlrl 90 FEEl C;>f -HE WEST "50 FEET or SA;D IRACT 14/3-
CONTAINING 10,500 SQUA,R[ f[U, \IIfJf~E Of; LESS
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tIIIC>W:l~1IIAll{l.~,!;SKl.'W."""""'SIJ'l\IE'<OIl
RO!llf)l. ~[G""-llAl'(lf< CUfWlQlT( NO. 5301
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SKETCH &. DESCR1P71QN ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERl\'WNl !~{)Al~
S:C~: :~-atl'
>:: CI}l.:'>JT" 'COMM6SiIONERS
JOB NUMBER
D~'01C1li.'J2_0G JOC5
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CONSULTING QriI~
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~FIor>o,oJ41119
I'J"",e:(23915'l1-057SFAX:(2J9)S91-{l578
IFlNo_~
filE '\JAM:::
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED HlGlIT OF WAY
PARn:L 1:~4RDUE
COLUER COUNTY, FLORIDA
UN27 $K1.34ROO(
SHtTl
OF 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD 0]<' COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. 'me completed routing stip and original
documents are to he forwarded to the Board Office only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dales, and/or information needed. If the document is already complete with the
ex:cention of the Chairman's sjo-nature, draw a line lhroup"h routinv lines #1 throup"h #4, comnlete the checklist, and forward to Sue Filson (line #5)
Route to Addressee(s) Office Initials Date
(List in routinQ: order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. need La contact staff for additional or missing
infonnaLion. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item)
Name of Primary Staff Margaret Kreynus Phone Number 252-5846
Contact
Agenda Date Item was 11/13/2007 Agenda Item Number lOB
Aooroved by the BCC
Type of Document Easement Agreement Number of Original One
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the Bce Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final oe otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BeC office within 24 hours of Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bce's actions are nullified. Be aware of your deadlines~
The document was approved hy the BCC on 11113/2007 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
Yes
N/A
N/A
Yt{~
Please scan under Collier Boulevard as Parcel 134RDUE in the BMR Real Propertv
folder. Thank vou.
I: Forms/ County Forms/ H(,(, Forms/ Original Documents Routing Slip WWS Origin:ll 9,(lJ,04. Revised I 2605. Revised 2.24,()5
MEMORANDUM
Date:
Apri115, 2008
To:
Margaret J. Kreynus
Senior Acquisition Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Purchase Agreement-Collier Bouldvard (#68056)
Parcel # 134RDUE - Robert M. Jones
Attached, please find the original above referenced document
(Agenda Item #10B), which was approved by the Board of County
Commissioners on Tuesday, November 13, 2007.
The original document has been retained by the Minutes & Records
Department as part of the Board's permanent record.
If you have any questions, please contact me at 252-7240.
Thank you,
Enclosure
MEMORANDUM
DATE:
April 9, 2008
TO: Ms. Sue Filson, Executive Manager
FROM=t<~ Margaret J. Kreynus, Senior Acquisition Specialist
RE: Purchase Agreement
Collier Boulevard, #68056, Parcel No. 134RDUE
Robert M. Jones
Attached is a copy of the Easement Agreement in the amount of $33,881.76 ready for
execution by Chairman Ton Henning. This represents a settlement in the amount of the
County's offer. The Board of County Commissioners on November 13, 2007 under
Agenda Item No. lOB, approved Resolution No. 2007-326 that authorized the acquisition
of fee simple right-of-way and related easements required for the expansion of Collier
Boulevard, and further authorized its Chairman to execute various Agreements on behalf
of the Board.
Please ask Chairman Henning to execute the attached Easement Agreement on behalf of
the Board of County Commissioners and forward to the Clerk of Minutes and Records for
attestation. Thank you.
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