Parcel 120RDUE
PROJECT: Vanderbilt Beach Road Extension Project No. 60168 (Phase I)
PARCEL No: 120RDUE
FOLIO No: 367'15720005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this c:01.. O+L. day of S ~ 20.Q..i., by and between
LARRY S. GREENBERG and ELLEN F. GR NBERG, husband and wife, whose
mailing address is 3371 ih Avenue NW, Naples, Florida 34120-1603, (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 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 Easement to Purchaser for the sum of:
$65,460.00
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 reloGate 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 Easement 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
qualification::; 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. At or prior to Closing,
Owner shall provide Purchaser with a copy of any existing prior title insurance
policies. 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;
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(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) Suclh evidence of authority and capacity of Owner and its representatives to
exeGute 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. Therefore, Closing
shall occur within one hundred twenty (120) 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 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 fuH 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. All Improvements not removed from the Property prior to
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) PurGhaser'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 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
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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) PurGhaser 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,
havls 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 due
to any diminution in the value of its property right, 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
Page 4
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 Agreeml3nt 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 ~;17, 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:
1'2 I J (09
DATED:
-'
BOARD OF C UNTY COMMISSIONERS
COLLIER C TY, FLORID1 ....
BY: ~, d~
DONNA FIALA, Chairman
AS TO OWNER:
.'2- (J ) b ')
~-N \l)k({~:P.Al~
~~y,
Witness (Signature)
~o"\<,~~ <:2 t-'.\~)
Name (Print or Type)
Approved as to form and
legal sufficiency:
ASS~~~~O~
::s-~ tV N \ F(.(L l3. (,..).U 'T<L
Page 5
/
t <iM-,~
LARRY S. GREENBERG
~
't;W/L ;/j~
ELLEN F. GREENBERG
\ J
i
VANDERBILT E:EACH ROAD
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467
..,..... ----,
N
W+E
s
TRACT 96
468
-,-- ----,
469 EXDE
474
475
470
72
473
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--EXHIBIT /lA,,-1
Page-L-of I
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I KAPPEYNE, JOHN &
I.. BATTENCOURT, MARIA
~ OR 2105/1D48
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PROPOSED
PARCEL 120 R.D,U.E.
22,787 SQ. FT,
EAST 165' OF
TRACT 97
GREENBERG, LARRY S
& ELLEN F
OR 2457/1189
TRACT 112
WEST LINE OF ~ ..
EAST 165' OF "-i
TRACT 97 I
I
l [AST UN'
OF TRACT 97
TRAct 97
GOLDEN GATE ESTATES
UNIT 3
PLAT BOOK 4 PAGE 77
I
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I
j
LINE TABLE
BEARING
S 00'27'43" E
S 89.55'.31" W
N 00'27'2.3" W
N 89'55'06" E
LENGTH
1.38.47'
164.58'
138.45'
164.56'
LINE
L1
L2
L.3
L4
7th AVENUE NW
EXISTING DRAINAGE EASEMENT. PLAT BOOK 4, PAGE 77
SOUARE FEET
ROADWAY, DRAI\lAGE AND UTILITY EASEMENT
OFFICIAL RECOfmS BOOK & PAGE
PROPOSED RO/IDWAY, DRAINAGE AND UTILITY EASEMENT
LEGAL DESCRIPTION (PARCEL 120 ROUE)
A PORTION OF TRACT 97, GOLDEN GATE ESTATES UNIT 3, AS RECORDED IN PLAT BOOK 4, PAGE 77, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORID/", BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 97;
THENCE S.00'27'43"E., ALONG THE EAST LINE OF SAID TRACT 97. FOR 138.47 FEET;
THENCE 5.89'55'31 'w., FOR 164.58 FEET TO A POINT ON THE WEST LINE OF THE EAST 165 FEET OF SAID
TRACT 97;
THENCE N.OO'27'23"W., ALONG SAID WEST LINE, FOR 138.45 FEET TO A POINT ON THE NORTH LINE OF SAID
TRACT 97;
THENCE N.89'55'06''(., ALONG SAID NORTH LINE, FOR 164.56 FEET TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN.
CONTAINING 22,787 SOU/IRE FEET, MORE OR LESS.
SKETCH & DESCRIPTION OIIlLY
NOT A BOUNDARY SURVEY SCALE: l"=l;W'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
o
L-
120
I
240
I
!
/I~
.;J)L _~L 10NA LAND SURVEYOR
FlORIDA REGiSTRATION C I fI ~O. 5301
SIGNING DATE: tt D'O
NOT VALID WITHOUT THE SIGNATURE ole 11Gl RAISED EIo1BOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL S Rl/EYOfl AND MAPPER
BEARINGS ARE BASED ON STATE PLANE COORDINATES. FLORIDA ZONE EAST.
60
SCALE
1" = 120'
O\lT^INC~
CONSULTING Ovil~
.&. ...., ,.A. .&. SlIIVC)IiDI &: MIppiug
6610 WiDow Park Drive. Sulle 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN3SK120RDUE
VANDERBILT BEACH ROAD EXTENSION
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY. DRAINAGE
& UTILITY EASEMENT
SHEET
1 OF 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to th(, 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, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines #1 throu #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1. "-
2. -
-----
4. Jennifer White, Asst. Co. Atty. County Attorney's Office
5. Ian Mitchell, BCC Supervisor Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact informat.on is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Rebecca Harding Phone Number 252-5805
Contact Property Acquisition Specialist
Agenda Date Item was Agenda Item Number
Approved by the BCC 12/16/2008 (Reso. 2008-387) JOC
Type of Document Number of Original
Attached Easement Agreement Documents Attached 1
1.
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 ofthe 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 ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated 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 BCC office within 24 hours of BCC 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 our deadlines!
The document was approved by the BCC on 12/16/2008 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
October 1, 2009
To:
Rebecca Harding, Property Acquisition
TECM/ROW
From:
Teresa Polaski, Deputy Clerk
l'v1inutes & Records Department
Re:
Easement Agreement
Project #60168/Parcel #120RDUE
Attached, please find a copy of the two documents referenced above,
(Agenda ItelIl #10C), adopted by the Board of County Commissioners
December 16, 2008.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachments (2)