Parcel 108DE
,
,
"
PROJECT: Bridge Repair and Replacement Program
Project No. 66066
PARCEL No(s): 108DE
FOLIO No(s): Portion of 36960040006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter refeflltd to as the "Agreemenf') is
made and entered into on this -1- day of k'/"'" ,l:. ,.., -. 2011, by and between
TIMOTHY J. MEISTER and ANGELA L. MEIS R. husband and wife, whose mailing
address is 785 23rd Street SW, Naples, Florida 34117-3227, (hereinafter referred to as
"Owner") , and COWER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3299 Tamiami Trail East, clo the Office of the County Attorney, Suite
800, Naples, Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires a perpetual non-exclusive Drainage 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 conect 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:
$27,786.00
broken down as follows: $2,744.00 (market value of the subject easement interest);
$7,087.00 (severance damages to the remaining real estate); $2,595.00 (irrigation
proposal from Irrigation Concepts, LLC, attached as Exhibit "B1; $4,860.00
(landscape proposal from Legan landscapes, LlC dba Aquatic & Landscape
Solutions, attached as Exhibit "C"); and $10,500.00 (gate and fencing proposal from
J7llC, attached as Exhibit "0").
Said payment to owner is subject to the apportionment and distribution of proceeds
pursuant to Paragraph 10 of this Agreement (said transaction hereinafter referred to
as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire
transfer, shaH 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.
.-
0,.
Page 2
,"-
3. Owner shall grant a Right of Entry to County, at no additional cost, for the purpose of
photographically documenting a pre-construction assessment of the existing
condition of the improvements located on Owner's property.
4. 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) Drainage Easement;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form;
(e) Right of Entry;
(1) 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.
5. Both Owner and County agree that time is of the essence. Therefore, Closing shall
occur within ninety (90) days of the date of execution of this Agreement or within
thirty (30) days of County's receipt of all such properly executed instruments required
to remove or release any and all liens, encumbrances or qualifications affecting
County's enjoyment of the Easement. whichever is the later. This agreement shall
remain in full force and effect until Closing shall occur, until and unless it is
terminated for other cause. 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.
6. 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.
7. 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.
,\
..
Page 3
8. 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.
(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.
9. 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,
.'
Page 4
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 8(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
10. 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
Owner, and shall be deducted on the Closing Statement from the compensation
payable to the Owner per Paragraph 2.
11. 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.
12, 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.
13. 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
pe~ury, 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.)
14. 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.
15. 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.
16. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
. '.
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO CQUNTY:
6, 2011
~ ,,:t
BOARD OF COUNTY COMMISSIONERS
COLLIE CO NTY, FLORIDA
W
BY:
FRED W. COYLE, Chairman
AS TO OWNER:
DATED:
( ature)
JI1:S i ~-reefeCS
Name (Print or Type)
JL rl ~~.
Witness (Signature)
~~() H. kekCS
Name (Print or Type)
TIMOTHY J.
9!:i~plr;
-:J:: (8; - -tu) .
\ tJ51 T7if?/eLs
Na7L";1rT~
Witness (Signature)
~ M, 'le~+e):5
Name (Print or Type)
~~
ANGE L MEISTER
Approved as to form and
legal SU,ffi, Iciency: --A-
~~
. I
~ C. WR.', I-tT
Ass tant County Attorney
C-C~lJ
~~:o~
--cOt...
ZmlT1lT1
)>-Ir-O
GlC:Z:-;
m)><J~
m r-......
)>Zco>
enOOlo>
mZOC
i:.IT181
mm
Z><
-10
r-
C
en
<:
m
"It
to .
""
.,..::0
-o~
~g
~8i
lOfT!
",,;::
~fT!
~
'"Om
~.I
~,
;::J l!1lB -0
~>E~ ::0
~...."- 0
[j~~ -0
:;:~'" m
'" '" ~ ::0
~C1" -j
~~~ -<
~:i:'~ CI
"'''''''
"'~..., m
~~~ C/)
f!2~", 0
"DR ::0
c:,...,c,_
C1'i:'52 -0
~...,,,, -I
OS","" _
8ij5t;:! 0
C;~~ z
~ig~
f"",()l;;
~~,,:
~1J);g
...,
~Co
~~
~~
s:)'"
"'~
~D
,,,<~
'"
R
t:>
~-j
~~::o
os i>1 )>
'" CJ 0
~ i:! -j
is 51 ......
';::<::--....J
;;;
...,
;:c;
....
'"
R
[i':
~'" -1
OS 5.: ;0
."" t;:! )>
~C10
'" >;! -1
~t1VJ
~.,,; I'\)
"!;
...,
Co
\ --
'" .
'"
,-'"
0""
<::>'"
~~ '" ~-o
. "''''0
~l ~~{')
-~
E:i
'"
2011 \BONITA TEMP F1LES\WHITE
;;0
o
~
U)
ra
<::>
,...,
,...,
g
......
z '"
~
0 >;!
-j ;;;
m ~
'"
C/) .'-
~
'"
'^
c;
~
~
i:1
:--t
"
~
~
,...
ffi
8
b
S2-j
~j;?::o
os "1 )>
'" Gl 0
~ >;! -1
C5 ~ ~
.;:: <:: 0')
~
..,
.,
....
-'---
'"
R
D
:b'S2
os Ii.: -j
.:"- ii1 ::0
~ [;])>
~;:;i 0
J, !>l -1
~'-"'!~
~
:::<
Co
---+-;+---
I ~~rv I
~ ,,~"w
;;;1 '" is;:o I
1...0.. ~'""lO
~~cn
~ <::> -l I
1..' "" ,
Co'"
~
'i
~~~~i:1~ ~~~~~~~~
~,~...,:;::--t~ ~[i':"'i""~""~",
<::>",,:>'1 'i:' "':;::c9:lei:>'1CjS2
'ei~~l!i~ >;;:~~~,^!!il<::~
81Vo"-~~:;:: ""ii1'i:'I';;-j"-~>'
,-.;;-j <:5"'''- :0. "'D"it:>.......,
~ ~~Cb:tJ~ ~~_;" rt1':-'O.~~
::!l f"Tj v, II; ~ '-' t5 "} ~ --. V"\.. ,..c
~..~i:!~<:~ ;l::~~~):..;;!~,..,
:b. ~~g~ ~ ~ ~t1~~ ~~~ ~
S2~~:!1'i:'''' :;:~;;;~~D...,'i:'
~~ ~ <: ~:::.;'"'i" ~2~~
",,,,:g>.&~ ~",!i\~D<::>D'^
'" <::", .... '" ",' ""Do"'....
r-.;<:u,S2~-L; 55;E::t:..:e~~~C";I
~i!'::i:R~~~8"':;;:o~c::J:t~
D"'~ '" ,,-,DD"1"''''''''
-<::.....N!."'1 ::..:.:c_ -'tr,::o
~<;)~f"1'1t:;:i.>:: ':S::~~::O~C)
"'~~D.-i~ "'.,.,<;!i20C:~
~iS~<~d~ ~~~~~~~
~il\s;'H:::",g: ~",~:;:R;:~
""-tlri::C:~);.-fllO: c::,-=-<en<:n;",--!
~~-.~~~ ~~~~~~~
;;:,,,ii?f:1>;!' "'~"':o~~~
'" ::r; 5:""" =>: ~ ~;: >. I:: :t (S ;t!
~6h1~~.~ ...,~~~-:1n;~h1
"'I'~"'D ~"':-o""il\~'"
-. V}<::""'1::!1 tT1:J>.:C'iV\C"'\l);.:
~ o~~~~~ ~~~~""-t~~
n1 ""'l""<;O~f.),:h. ~..,...I"tl~3;!'-Q
n ~~~~~~ ~~~"'~=>:~
~ ~~~=>:~~ ~~-~I'~~
~ C'>!;)",i:! "'... C~""
~<s..,,,,_.....,,, a~Di!o::l'-<:~
"'C:~'i:'",hi "'",::::;~",g::;::
';''''....,c "'~"''''''""''~
~'J~~ t'iG~Yl-"':~'::-i
~~"'... ""~~o'" :0
"'1CJi-~!:O c~n; ~ h
~~~~ >. .....
BLVD & 23RD STREET\SURVEY\ 10-24-002_SL- i .DWG
n J'\-r-
15 -0
"'10
~ OJ
":
"'1 I
z en
0 0
0 0
N ...
... cq
c5 ...
<:X.1 q
ni ~
...
""-l
0
i\.>
CQ
..., t-->
~~:o.~>';t>."''''-El1
i'iiSl~~~"'i58~1!i
-dQ",~i;!~"'3:J""'"
t:1~",~",,,,~~~f:j
~Vi;:~;;:~'<iCD'"
:h.~-,Vl-r, :::-t""Ej~
:;,:c;.....a >'0'" ""
"'~~""~~;!'R"''''
~ .~F;;r-f"r1~~;t:
N~ C'j:t,.~t'1::tiS:~
~~ ~<::::to:.:b.:c:'"'I...,r-r;
~~ "'''';;;~8'''~
'^ >.!l::",~",g>.
5:'~ ~-..::~~_~~A::
~: !l::~ '1J~ ;!l:::~
~~ -...V)~ a-tY)
"'~ toial:;o:'<j'li:08:l
~ Di~~~~~~~
~ ~~V)'"""1~r;:<:
~ ~~~:~~~
~ ~~:.aV)~:::::t~
i51 .., . ~"''''~i'l
tj ~~~~~~~
55 ~~~~~~~
~ <.::>.i;j 'i:'~ ~~~
~ ~~e:;:<::lC'>'"
'^ ~tq""""lc::a ~~~
"'- "''<i;t'O "";;:,i:!
is ~:;;: "'~,B1"'''1
b. :::O:::::;J~c::a '1JV"l
'" 8~ '" .~~"
", '^S1\::!"'t:::~
~ ~:h.~lrI~"""-I
c:::: 'h..iSQl:-i' Do:I
lJ) <:d ~ ~ ~
::l;J """"1_-1
~~@~hi
II IJ Ii IJ G)
~;!!;g'" m
~>.""~ Z
i~~o
"''''''''
~~
~~
~~
~
.....
r-
Cl~I~I~
"'"
t:-<
z z z ~
... ... CD OJ
-...J CD OJ t>::J
u1 .,.. s;!
0> 0 <D ::u
vi N .,..' Z ~
~ 0 0 G"l
fT! fT! ::E to
t:-<
NI~I"'I~ t:t:J
r;c VI co -I
O'l CD -...J )>
u:. Vi q ~
fT!
'"
C'>
t
1
h ~
~;:I! C/)
~~~ 0....
",~~)>C
~""'< r
'"'~s: m
"''''i'li'' <:'0
'ii1:::J3\ ...... c,
ili"'':!! =
~~\2 II
~-.:~ Q)
~~q
'"
iiiiSl
~~
\\l. ~
~l~ ~
m
'"
(j)
^
m
-j
o
J:
)>
Z
CI
r
m
G)
)>
r
CJ
m
C/)
o
::0
-0
-j
o
z
G)
D 0
."I~r
"l r 0>
gd>m-o
l:-<~-lZO
~ Uj OJ G) ;:0
;:r;O>-l
8==tiO-lQ
C:::"'- AmZ
:;;: <0 -l>o m 0
~ 19 --0 ~ 'TI
c:::G)>-l
t:1~en-l~
a,"," (0 m.-
i:;l ~ ""-l en 0
~:>>cOc-l
:;;';enZ'"
~~ :::j
l\) en
"I
~
CIl
..,
[;J
"
:;l
o
:c:
~I~ ~ ~ ~ ~IC
~ ~ ~ ,... ~ ~ ~
~ !l1 g 1:\ ~
!l1 C '"
t:D :s
:~
I
~ - ~
:I~ I ll~ ~ "'1l2
~ ~ '" CJ>
<>
'"
~o
~~
~t'=j
-:::I
"'as
gj:::l
g?g
~ ~Cil
~ ~ Cl
c, . a; ~ aI ~
~~~~C:?
~ ~ ~ ~~ Q..
~ ~ ~ ~~ <=<
" - Q~~ ==
~ "':d?;
e; C'D !l:'< --.
g~i =
o::!<1> 0
.::! ~
S? .
'"
~
~ "'0
a- Qi'
>1 :::l 2 :z ...",,,
gj :::l ~~ga
co
p. ..., (1)::r~-
> <1> CD ~i"~
'"
'" __'0
g ~., -
. s'
0; m>
1; '"
9' I:""
:-0 co ....,co~~
> "':::l OO.J:>,.C/JOO
. ~ ~ to-.~c;c
;:";';"'Q~
2<> ,.J:..l:\Jm.+;..
~QJ oJ:o.QO-..
(.v 0.;,.;.....
",'0 00 co Ct,).......
"'co ~ Ol co 0$:00.
'"'> ......OOO,.J:..
gCS
o:::r
0_
g~
fij
,-
Irrigation Concepts, LLC
771 14th Avenue N.W.
Naples, FI 34120
Name/Address
Tim Meister
785 23rd Street S.W.
Description
Qty
Labor (2 technicians)
Foot Hunter drip pro-12
Hunter drip kit (filter and pressure regulator)
Foot directional boring under drive way
Hunter PGP rotor
Rain Bird ESP-M controller
ESP-Module
foot 1 1/4" main line with control wire
1" hunter valve with flow control
Valve box
8
600
1
14
7
1
1
250
3
1
Phone #
Fax #
239-530-0076
239-775-3900
EXHIBIT B
p~ / of I
6/812010
Total
Date
Rate
105.00
1.00
75.00
0.00
25,00
265.00
50.00
1.50
60.00
35.00
Estimate
Estimate No.
581442
Total
840.00
600.00
75.00
0.00
175.00
265.00
50.00
375.00
180.00
35.00
$2,595.00
" ..
Legan Landscapes, LLC dba
Aquatic & Landscape Solutions
PO Box 990282
Naples, FL 34116
239-825-4599
Estimate
Date
Estimate #
5/28/2010
1074
Name I Address
Tim Meister
785 23rd St SW
Naples, FL 34117
Project
Description Qty Cost Total
Viburnum 3 Gal 96 10.00 960.00
Royal Palm Tree 25 gal 1 150.00 150.00
Jacoranda 25 gal 1 150.00 150.00
Live Oak Trees 300 gal 5 720.00 3,600.00
Sales Tax 6.00% 0.00
Total $4,860.00
Phone #
Fax #
239-825-4599
239-234-6656
EXHIBIT Y
p~/dJ
~
J7 LLC
2646 29th Ave NE
Naples, FL 34120
Estimate
Date
Estimate #
6/10/2010 16
Name I Address
Tim Meister
Project
Description Qty Rate Total
5 Foot Galv. chain like fence 300 9.00 2,700.00
dual swing gates with 4x4 posts all aluminumin sides at 5 foot 2 1,900.00 3,800.00
fading to six foot
la 400 dual swing gate openers with exit wand keypad keypad 2 2,000.00 4,000.00
stand photobeam and stand for electronics
Price on gates is for both driveways with openers Total
$10,500.00
EXHIBIT D
p~ J ofL