Parcel 482RDUEB & 482TDREB
PROJECT:
PARCEL No(s):
FOLIO No(s):
Golden Gate Boulevard #60040
482RDUEB & 482TDREB
Portion of 40744400007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this 74Th day of M;:lY , 2011, by and between
MICHAEL L. BOCKUS and JANET L. BOCKUS, husband and wife, whose mailing
address is 49 Tomahawk Trail, Oswego, Illinois 60543-9516 (hereinafter referred to as
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite
800, Naples, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a Perpetual, Non-Exclusive Road Right-Of-Way,
Drainage and Utility Easement and a Temporary Driveway Restoration 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 "Easements"); and
WHEREAS, Owner desires to convey the Easements 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
Easements.
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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 Easements to Purchaser for the sum of:
$9,000.00
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 Easements 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, electric gate, fencing and
other improvements, and the cost to cut and cap irrigation lines extending into the
Easements, and to remove all sprinkler valves and related electrical wiring, and all
other damages in connection with conveyance of said Easements 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 Easements, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easements 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.
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Page 2
(a) Road Right-Of-Way, Drainage and Utility Easement;
(b ) Temporary Driveway Restoration Easement;
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
(f) 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. 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 Easements. 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, electric gate and fencing
located on the Easements 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, electric gate and fencing on the remainder property and its performance after
relocation. Owner holds County harmless for any and all possible damage to the
irrigation system, electric gate and fencing in the event owner fails to relocate the
irrigation system, electric gate and fencing prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easements, 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 Easements 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 Easements, 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.
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Page 3
(b) Purchaser's acceptance of the Easements 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 Easements 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
underlying the Easements or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Easements, 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 Easements.
(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 Easements or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easements 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
Easements 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 Easements and not to do any act or
omit to perform any act which would adversely affect the physical condition
of the property underlying the Easements or its intended use by Purchaser.
(h) The property underlying the Easements, 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 Easements
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 Easements 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 Easements; b) any existing or
threatened environmental lien against the property underlying the
Easements; or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances on
the property underlying the Easements. 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.
qitial
Page 4
9. Purchaser shall pay all fees to record any curative instruments required to clear title,
and all Easement instrument recording fees. In addition, Purchaser 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 Easements; 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.
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. Furthermore, in accordance with the exemptions provided for in
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes
by Purchaser, Owner shall pay all documentary stamp taxes required on the
instrument(s) of transfer.
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 Easements 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 pe~ury, of the name and address of every person having a beneficial
interest in the property underlying the Easements before the Easements held in such
capacity are 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.)
13. Conveyance of the Easements, or any interest in the property underlying the
Easements, 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.
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO PURCHASER:
DATED: May 24, 2011
AS TO OWNER:
DATED: 0 c{...ICo '- f1
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Witness (Signature)
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Name (Print or Type)
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Name (Print or Type)
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Witness (Signature)
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Name (Print or Type)
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Witness (Signature)
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Name (Print or Type)
Approved as to form and
legal sufficiency:
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BY:
Jeff
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: '1uJ-W. ~
FRED W. COYLE, Chairma
\r\\~~~
MICHAEL L... OCKUS
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PANTALEON & PANTALEON-DIAZ
OR 3973/1743
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TERRY
OR 2600/2087
TRACT 54
TRACT 55
GOLDEN GATE ESTATES
UNIT 78
PLAT BOOK 5 PAGE 16
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WEST 150' OF
TRACT 55
FBPtIUN..
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' NIIJ UYIJTY EA8!MF.NT
PROPOSED ROADWAY EASEMENT
PARCEL 482 ROUEB
4,350 SQ, FT.
2 8+00
II
GOLDEN
(CR 876)
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SQ. FT.
OR
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SQUARE FEET
OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 16
TEeM - ROW
FEB 0 1 2010
LEGAL DESCRIPTION FOR PARCEL 482 ROUEB
A PORTION OF TRACT 55, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTiON 4, TOWNSHIP 49 SOUTH, RANGE 28 EAST, 'COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBEG AS FOLLOWS.
THE NORTH 29 FEET OF THE SOUTH 79 FEET OF
160 BY.
I MICHAEL A. WARD, PROFESSIONA~S RVEYOR &: MAPPER
, FLORIDA REGISTRATION CE~TI CATE ~u, 5301
SIGNING DATE: / 'ttt 'P
NOT VALID WITHOUT THE ORIGINAL SIGNATU ole A~D EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SU EYOR, AND MAPPER.
CONTAINING 4,350 SQUARE FEET, MORE OR LESS.
o 40 80
SKETCH & DESCRIPTION ONLY I I
NOT A BOUNDARY SURVEY SCALE: 1"=80'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
PARCEL 482B RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
05021700.01 0001
SCALE
," = 80'
DATE
DEe. 2009
D'11 ^ INC.~~on
CONSULTING Ovil Engineering
.A.. '-, , ..L ..... SlIIVeying & Mapping
6610 Willow Park Drlva, Sulle 200
Naples, Florida 34109
Phona; (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
SK 4828
SHEET
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TRACT 54
TRACT 55
GOLDEN GATE ESTATES
UNIT 78
PLAT BOOK 5 PAGE 16
TRACT 73
w
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WEST LINE OF
TRACT 55
Tern
Eas
com
orary Driveway Restora ion
ment - Duration 3 year from
encernent of constructi n
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PROPOSED TEMPORARY DRIVEWAY
RESTORATION EASEMENT
PARCEL 482 TDREB
100 SQ. FT,
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NORTH LINE OF
SOUTH 79' OF
TRACT 55
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( POINT OF
COMMENCEMENT
GOLOEN GATE BOULEVARO (CR 876)
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SQ. FT.
OR
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SQUARE FEET
OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT (TORE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 16
LINE
..I L1
..I L2
.,/ L3
v L4
v' L5
" L6
LINE TABLE
BEARING
NOO'29'03"W
N89'30'51"E
NOO'29'09"W
N89'30'51"E
SOO"29'09"E
S89'30'51"W.
LENGTH
79.00'
71 :81'
5.00'
20,00'
5,00'
20,00'
LEGAL OESCRIPTION FOR PARCEL: 482 TDREB
A PORTION OF TRACT 55, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 55;
THENCE N.OO"29'03"W., ALONG SAID WEST LINE FOR 79.00 FEET TO A POINT
FEET OF SAID TRACT 55;
THENCE N,89'30'5'''E., ALONG SAID NORTH LINE, FOR 71,81 FEET TO THE
DESCRIBED PARCEL;
ON THE NORTH LINE OF THE SOUTH 79
THENCE N.00'29'09"W., FOR 5.00 FEET;
THENCE N.89' 30'5'''[,. FOR 20.00 FEET;
THENCE S.OO'29'09"E.: FOR 5.00 FEET TO A POINT ON SAID NORTH LINE;
THENCE S.89" 30' 51 "w., ALONG SAID NORTH LINE, FOR 20.00 FEET TO THE
DESCRIBED PARCEL.
PO~ae; ~~ewG
FEB 0 1 2010
OF THE HEREIN
SKETCH & DESCRIPTION ONLY
NOT A BOUNOARY SURVEY SCALE: 1"=80'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
CONTAINING 100 SQUARE FEET, MORE OR LESS.
o 40
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80
1-
160
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POINT OF BEGINNING OF THE HEREIN
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FLORIDA REGISTRATION CE~RT IC~D' 5301
SIGNING OATE: Z V
NOT VAllO WITHOUT THE ORIGINAL SIGNA~E ole SED EMBOSSED SEAL OF
A FLORIOA REGISTERED PROFESSIONAL SU VEYOR AND MAPPER,
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF:
PARCEL 482B TDRE
COLLIER COUNTY, FLORIDA
SCALE
1" = 80'
DATE
DEC. 2Q09
D'11 ^ INC'~~on
CON SUL TING Ovil Engineering
.A.. '-, , ..L ..... SlIIVeying & Mapping
6610 Willow Park Drive, SUite 200
Naples, Florida 34109
Phone: (239) 597-0575 FAX: (239) 597.0578
LB No,: 6952
FILE NAME
SK 482BTDRE
SHEET
l,OFl
PROPOSED TEMPORARY DRIVEWAY
RESTORATION EASEMENT