Parcel 297RDUE
PROJECT: Golden Gate #60040
PARCEL No(s): 297RDUE
FOLIO No(s): portion of 39331560002
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinaf to as the "Agreement") is
made and entered into on this ( day of , 20--.!.L, by and between
TEREASA S. COLADARCI, a single woman, who mailing address is 75 22nd Street, NE,
Naples, Florida 34120-3650, (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 "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:
$1,360.00
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, fences/posts 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:
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 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, fences/posts
("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.
Page 3
(c) No party or person other than County 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
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,
Page 4
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.
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:
'-- I-II
."
-: 'C -'" ., ...~~
("'I' ". .' ..-,
A~ :!{I'_:~t .\.'-
l'Jignature "ent"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY ~W. ~
FRED W. COYLE, Chairma
AS TO OWNER:
DATED:
/J'/.. ~~
il "4;A(A.A./ .-
Witness (Signature)
{p~ fr {(/~J:~ PoeL
~~
Witness (Signature)
-IMN ~/lN~/rG.U
Name (Print or Type)
Approved as to form and
legal sufficiency:
Last Revised: 10/15/10
Page 5
~f2J(}J~
TE EASA S. COLADARCI
EXI-BT
,. 'eI
.
LINE
L1
L2
L3
L4
LS
L6
L7
LINE TABLE
BEARING
N8g.31'04"E
NOO'2B'S4"W
NOO'2B'S4 "w
N89'31'08"E
N44'31'08"E
SOO'28'S6"E
SB9'31'OB"W
LENGTH
150.05'
50.00'
30.00'
13S.06'
21.21 '
45.00'
lS0.07'
w
z
N
W+E
SIERRA & ANDERSON
OR 3884/1064
EAST 180' OF
TRACT 108
VILLAREVIA
OR 3624/1195
w
w
~
j:!:
N
N
s
r--' WEST LINE OF
EAST 1 BO' OF
TRACT 10B
3D'
TRACT 107
TRACT 108
GOLDEN GATE ESTATES
UNIT 50
PLAT BOOK 5 PAGE 82
TRACT 109
WEST LINE OF
EAST :)0' OF
TRACT 1 08 ~
PROPOSED ROADWAY EASEMENT
PARCEL 297 ROUE
4.514 SO. FT.
POINT OF
COMMENCEMENT
154+00 165
L
169+00
I
r--
OR
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 S, PAGE 82
LEGAL DESCRIPTION FOR PARCEL 297 ROUE
~
fZZ]
A PORTION OF TRACT 1 DB, GOLDEN GATE ESTATES, UNIT 50 AS RECORDED IN PLAT BOOK 5, PAGE 82 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 108;
THENCE N.89'31 '04 "E., ALONG THE SOUTH LINE OF SAID TRACT 1 DB, FOR 150.05 FEET, TO A POINT ON THE WEST
LINE OF THE EAST 180 FEET OF SAID TRACT 108;
THENCE N.00'28'54 "W., ALONG SAID WEST LINE FOR 50.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50
FEET OF SAID TRACT 1 08 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE N.00'28'54"W., ALONG SAID WEST LINE FOR 30.00 FEET;
THENCE N.S9'31'08"E., FOR 135.06 FEET;
THENCE N.44'31'08"E., FOR 21.21 FEET TO A POINT ON THE WEST LINE OF THE EAST 30 FEET OF SAID TRACT 108;
THENCE S.00'28'56"E., ALONG SAID WEST LINE FOR 45.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50
FEET OF SAID TRACT 1 08;
THENCE S.89.31 'OB"W.. ALONG SAID NORTH LINE FOR 150.07 FEET. TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
o 40 80
SKETCH &: DESCRIPTION ONLY I
NOT A BOUNDARY SURVEY SCALE: 1"=80'
FOR: COWER COUN1Y GOVERNMENT BOARD OF COUNTY COMMISSIONERS
180
I
~, liJlv/tv
CONTAINING 4,614 SQUARE FEET, MORE OR LESS.
MICHAEL A. WAllO. PI\~l SURVEYOIl Ii; MAPPER
FlORID4 RECIS11lATlOIfjC JE,)lO. 5301
SIGNING D4TE: JJ , ~
NOT VAUO WITHOl/T THE ORIGIIW. SlG "'()RNSEJJ EMBOSSED SrAL OF
A FlORID4 REGISTERED PROFESSIONAl SU AND I.IAPPER.
JOB NUMBER
050217.00.00 0007
SCALE
1" = 80'
R\lTA INC=...
..&. :'SfLYT'<J... ~a ~11
6510 WiDow ParkOrlw. Sul1e 200
Naples. Aorlda 34 I 09
Phone: (239) 597-0575 FIIX: (239) 597-()578
lB No.: 6952
FILE NAME
UN50 SK297
SHEET ~ I
10F~
GOLDEN GATE BOULEVARD
SKETCH & DESCR~ON OF: PROPOSED ROADWAY EASEMENT
PARCEL 297 RDUE
COUJER COUNTY, FLORIDA
&-1.. if
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 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, dates, and/or information needed. If the document is already complete with the
exc . on of the Chairman's si e, draw a line throu routi lines # 1 throu #4, com lete the checklist, and forward to Sue Filson line #5 .
Office Initials Date
1.
2.
./
/
3.
'--,
'\
CAO
cA-6
Board of County Commissioners
Clerk of Court's Office
b
'08
U \\ \ \ \
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BeC 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 to contact staff for additional or missing
information. All original documents ding the BCC Chairman's signature are to be delivered to the BeC office only after the BeC has acted to approve the
item.
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is
a ro riate.
L Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reViewed and signed
by the Office of the County Attorney. TIris 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 ssibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other 'es exce t the BCC Chainnan and the Clerk. to the Board
3. The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si ture and initials are uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to 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
BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 10 - L. ~.()1 (enter date) aod all chao
made during the meeting have been incorporated in the attached document. The
Coon Attome's Office has reviewed the chao , if a licable.
PLEASE scan under '0 in the BMR Real ProRerty Folder, Thank you.
~.:/J:. :L.'1-1 - & ~/.A__ ~ f-~.
~ JJrftcd<.- S ./4~~
rw
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Agenda Item Number
Phone Number
4.
X 51/
/0 b
/
Yes
(Initial)
Nt A (Not
A licable)
~