Parcel 230 & 232
PROJECT: Golden Gate #60040
PARCEL No(s): 230 & 232
FOLIO No(s): 39207040009 & 39207160002
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this }.j day of (J1;iu.d..- , 20~, by and between
JULIO C. CARBALLEA and ANA MARIA HE ANDEZ, husband and wife, whose
mailing address is 1460 Golden Gate Boulevard, East, Naples, Florida 34120, (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").
WHEREAS, County 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 County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County 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 County for the sum of:
$2,994.00
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 or funds wire transfer, 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 Easement to County, 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. At or prior to Closing,
Owner shall provide County with a copy of any existing prior title insurance policies.
Owner shall cause to be delivered to County 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) Road Right-of-Way, Drainage and Utility 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 County, County's
counsel and/or title company.
4. Both Owner and County agree that time is of the essence. Therefore, Closing shall
occur within ninety (90) days from the date of execution of this Agreement by the
County; 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 or release any and all such liens, encumbrances or qualifications
affecting County's enjoyment of the Easement. Such right to extend may be
exercised by the County Manager or his designee for an additional term not
exceeding ninety (90) days without further Board action. All additional extensions
must be Board approved. At Closing, payment shall be made to Owner in that
amount shown on the Closing Statement as "Net Cash to the Seller," and Owner
shall deliver the Closing Documents to County in a form acceptable to County.
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 County. 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 County. Owner acknowledges that
County has compensated Owner for the value of the Improvements and yet County
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 Easement 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 County 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) County'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 County 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 County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County 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 County in writing prior to the
effective date of this Agreement.
(g) County 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 County.
(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 County; 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 County, 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 County against and from,
and reimburse the County 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 County 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. County shall pay all fees to record any curative instruments required to clear title, and
all Easement instrument recording fees. In addition, County may elect to pay
reasonable processing fees required by mortgagees in connection with the execution
and delivery of 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
Page 4
Owner, and shall be deducted on the Closing Statement from the compensation
payable to the Owner per Paragraph 2.
10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes
and assessments levied against the parent tract property which remain unpaid as of
the date of Closing.
11. 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.
12. 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, subject to the penalties prescribed for
perjury, 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 County. (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.)
13. 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 County.
14. 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.
15. 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 COUNTY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W. C~
FRED W. COYLE, Chairm
";.,,
Page 5
AS TO OWNER:
DATED: 1-1.0-10
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Witness (Signature)
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Name (i ype)
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Witne (S nature)
JO/l'iT I n/iC,U~)
Name/(Print or Type)
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JULIO C. CARBALLEA
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Witness (Signature)
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Name (Print or Type) !J
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WI. ss ignc re)
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N me (Print or Type)
Approved as to form and
legal suffici
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Assistant County Attorney
Last Revised: 7/21/10
114+00
115+0
116+00
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GOLDE~ GATE BOULEVARD (CR 876)
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SOuTH LINE OF '// / .{, 0'
NORTH 50' OF J
TRACT 96
POINT OF!
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PROPOSED ROADWAY EASEMENT
PARCEL 23C RDUE
6,722 SO FT
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TRACT 96
GOLDEN GATE ESTATES
UNIT 48
PLAT BOOK 5 PAGE 78
EAST LINE OF
TRACT 96
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TRACT 97
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YOUNG
OR 4461/3813
EAST 165' OF
TRACT 96
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CARBALLEA
OR 2388/195
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LINE
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LINE TABLE
BEARING
SOO' 30'1 6"E
SOO. 30' 16"E
S89'.31'58"W
SOO' 30'19"E
S89' 31 '58''W
NOD' 30'n''W
N89' 31'58"E
LENGTH
50,00
38,00
134,99
15.00
30,04
53.00
165,03
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SOUARE FEET
OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGl AND UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 78
LEGAL DESCRIPTION FOR PARCEL 230 RDUE
TEeM - ROW
FEB 0 1 2010
A PORTION OF TRACT 96, GOLDEN GATE ESTATES, UNIT 48 AS RECORDEJ IN PLAT BOOK 5, PAGE 78 OF THE PUBUC
RECORDS OF COLLIER COUNTY, FLORIDA LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE NORTHEAST CORNER OF SAID TRI\CT 96;
THENCE S,OO'30'16"E" ALONG THE EAST LINE OF SAID TRACI 96, FOR 50,00 FEET TO A POINT ON THE SOUTH LINE
OF THE NORTH 50 FEET Of' SAID TRI\CT 96 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE SOO'30'16T ALONG SAID EAST LINE, f~OR 3S,OO FEET;
THENCE S,S9'31'5S'W, FOR 13499 FEET;
THENCE S,OO'3019"E" FOR 15,00 FlOTT,
THENCE S,89' 31'58''W.. FOR 30,04 FEET TO A POINT ON THE WEST LINE OF THE EAST 165 FEET OF SAID TRACT 96;
THENCE N,OO'30'22"W, ALONG SI\ID WEST LINE, FOR 53,00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 50
FEET OF SAID TRACT 96,
THENCE N,S9' 31'5S"E" I\LONG SI\ID SOUTH LINE, FOR 165,03 FEET TO -HE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
CONTAINING 6,722 SOUARE FEET, MORE OR LESS,
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE. l"oBO'
FOR: COLLiER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
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FLORIOA RECI$TRA~IO CER7fIF Atfi: NO. !'..:,m
SIGNING DATI:;:' 'ZIP 11/
NOT VAUO WITHOUT THE ORIGiNAL 4 NATUR &. RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIO L SURVEYOR AND MAPPER.
JOB NUMBER
050217.00.01 0001
SCALE
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DlXT^mc~
CONSULTING CivilEugiDemng
..L ....., , .,L ...... S!J[VCying &:. Mapping
6610 Willow Park Drive, Suite 200
Nap\eS,Florida34109
Phone: (239)597.0575 FAX: (239) 597-0578
LB No.: 6952
FilE NAME
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 230 RDUE
COLLIER COUNTY, FLORIDA
SK 230
SHEET
OF 1
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GOLDEN GATE BOULEVARD (CR 876)
119+00
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121 +00
122+00
123+00
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PROPOSED ROADWAY EASEMENT
PARCEL 232 RDUE
5,700 SO. FT.
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TRACT 96
TRACT 97
GOLDEN GATE ESTATES
UNIT 48
PLAT BOOK 5 PAGE 78
TRACT 134
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WEST 150' OF
TRACT 97
CARBALLEA
OR 2770/2509
GRIVALSKY
OR 1437/120
CARBALLEA
OR 4486/985
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SQ, FT,
OR
SQUARE FEET
OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE i'ERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 78
LEGAL DESCRIPTION FOR PARCEL 232 RDUE
TEeM - ROW
FEB 0 1 2010
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A PORTION OF TRACT 97, GOLDEN GATE ESTATES, UNIT 48 AS RECORDED IN PLAT BOOI( 5, PAGE 78 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
THE SOUTH 38 FEET OF THE NORTH 88 FEET OF THE WEST 150 FEET OF SAID TRACT 97,
CONTAINING 5,700 SOUARE FEET, MOr!E OR LESS,
o 40 80
SKETCH & DESCRIPTION ONLY I I
NOT A BOUNDARY SURVEY SCALE, l"~BO'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMM1SSIONERS
160
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FLORIDA REG.1STRAZI CER~IFi CATE NO. 5301
SIGNING DATE: "l-f) It>
NOT VALID WITHOUT THE ORIGINAl GNATUR & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIO AL SURVEYOR AND MAPPER.
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 232 RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
050217,0001 0001
SCALE
1" ~ 80'
DATE
DEC. 7009
D'XTA n<c~on
CONSULTING avil Fngio<ering
..L ~, '.L ..... s~ & Moppiog
G610 Willow Park Drive, Suite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239)597-0576
LBNo_:6952
FILE NAME
SK 23/
SHEEr
OF 1