Parcel 139RDUE
PROJECT: 68056
PARCEL No: 139RDUE
FOLIO No: 37930200008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this to+L.,. day of Oc-t~ , 2008, by and between MARIELA
ORTIZ, a married woman, formerly known as SEVERA M. MARTINEZ, whose mailing
address is 3625 SW 23rd Court, Fort Lauderdale, FL 33312-4255, (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 right-of-way, drainage and
utility easement to enter upon and to install and maintain roadway, bike path 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, the right to remove and use any and all excavated material, and any and all manner
of public and private utility facilities over, under, upon and across the following described lands
located in Collier County, Florida, and 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:
$3,700.00
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, 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 Easement, and to remove all sprinkler valves and related
electrical wiring, and all other damages in connection with conveyance of said Ea~ement
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:
(a) Easement;
(b) Closing Statement;
Page 2
(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 af-fecting Purchaser'~ enjoyment of the Ease:";lent. At Closing, payment
Sila!! b6 iT.::lde r~: GiNner iil tr18t cU'Y'lount shovm on the Glo;,inq Statemdni 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 Easement
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 Easement, 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. Ali improveme~lts not removed fi'OITl the Property prior iU
commencement of construction of the project 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.
(d) Until tllQ date f!Add for Closing, so long as this Agreement remains in force and
effect, Owner shall not encumber or convey any portion of the property
underly;ng 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 reasor. whatsoever.
,,-,
Page 3
(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
exi~3tin\.! s~ate on the effective date cf tilis Agr:=:lomi.mt up to and including tqe
CJ:::.i.tH c, C!'Jsir:g. Tni,}if.',~Ore, Cvvne,. Ggrees not to ellter inco 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 substanc~s on the property underlying the Easement. This provision
sriaii survive ClosjnQ and is not deem eo satisjied by conveyanc8 o'i titib:.
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 nnd 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 ard distribution of the full compensation amount in Paragraph 2 which
may be required by any mortgagee, lien-holder or other encumbrance-holder for the
prc~Gct;:;:-: c.t ;i,,: ser,ur!t~' ir,to.r(~~.t f')r Cl" sor:~il'!er9tif)n for th8 execution of anv 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,
related to the exemptions against 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 a.ssignees, whenever the context so requires or
admits.
11. If the Owner hoids the property underlying the Easement in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity whatsoever
,
Page 4
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:
DATED: ~() - O~ - ~
ATTEST:,,'.'"
DWIGHT E. BROCK,Q!erk
.( .
. ' ',ep Clerk
Attest,alto O"i....." I
I t gait.-. on 1 .
BOARD OF COUNTY COMMISSIONERS
::LLlER CO TY i:I:A
TOM HENNING, Chairman
AS TO OWNER:
DATED: 9-, 2$/'-
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MARIELA ORTIZ, formerly know
SEVERA M. MARTINEZ
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TRACT 107
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGE 15
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TRACT 112-
OR = OFFICIAL RECORDS (BOOK/PAGE)
kXNI PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (ROUE)
r/ / J EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE
/ PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PAGE 100
LEGAL DESCRIPTION FOR PARCEL 139RDUE
A PORTION OF TRACT 107, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAI BOOK 7, f"AGt:. 1 0 O~ ThE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE WEST 75 FEET OF THE WEST 150 FEET OF S~D TRACT 107.
CONTAINING 1,500 SQUARE FEET, MORE OR t.ESS.
o 40 80 160
SKETCH & DESCRIPTION ONLY 1:'i;,t\t('~5J\\'lli~~?_~~:.);lF.'.:';;-';,'L;;JZTI1
NOT A BOUNDARY SURVEY SCALE: 1"=80'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
~I!JlA1Ulvli1!v1
MICHAEL A. W,~RD, PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION CERTIFICATE NO. 5301
SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AflO MAPPER.
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 139RDUE
COLLIER COUNTY, FLORIDA
D\11 ^ mC'~=tion
CONSULTING Civil Engineering
.L "" , .L ... Surveying & Mapping
6610 Willow Park Drive. Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN26 SK1.39RDUE
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JOB NUMBER
050106.0200 0006
SCALE
1" = 80'
DATE
10-24-07