Parcel 154DE1, 154DE2 & 154TCEPROJECT: US -41 Ditch (LASIP # 51101)
PARCEL/FOLIO Nos:
154DE1 /Portion of #62250480007
154DE2 /Portion of #62250440005
154TCE /Portion of #62250440005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this 6th day of aanuary , 201_, by and between
BOLAND FAMILY PROPERTIES, LLC, a Florida limited liability company, whose mailing
address is c/o Maria M. Boland, 570 Century Drive, Marco Island, FL 34145 -2406
(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 perpetual non - exclusive Drainage Easements 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 "Drainage Easement "); and
WHEREAS, County requires a Temporary Construction Easement over, under, upon
and across the lands described in Exhibit "B ", which is attached hereto and made a part of
this Agreement (hereinafter referred to as the "Temporary Construction Easement "); and
WHEREAS, Owner desires to convey the Drainage Easements and the Temporary
Construction Easement (hereinafter collectively referred to as the "Easements ") 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
Easements.
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:
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 County for the sum of:
$4,000.00
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, 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 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 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 Easements, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easements upon
Page 2
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) Temporary Construction 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 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 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 Easements, 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.
5. Owner agrees to relocate any existing irrigation system 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 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.
Exception as detailed in Paragraph 6 below, 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 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 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. In the event that any of the improvements depicted in attached Exhibit "C" by the red
arrows are disturbed during construction, County and /or its contractor will to the
extent reasonably possible restore said improvements to like or better pre -
construction condition.
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.
8. Owner agrees, represents and warrants the following:
N
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Page 3
(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.
(b) County'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 County 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 County to such
conveyance, encumbrance, or agreement, which consent may be withheld
by County for any reason whatsoever.
(e) There is 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 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 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 County.
(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 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 Easements 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 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.
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,
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
S,
Page 4
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 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.
11. The term of the Temporary Construction Easement shall commence upon the
issuance of Grantee's official Notice to Proceed to its contractor for the construction
of the US-41 Ditch portion of the Lely Area Stormwater Improvement Project (LASIP)
Project No. 51101, and shall automatically terminate three years therefrom.
12. 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.
13. 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.
14. 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 perjury, 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 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.)
15. 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 County.
16. 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.
17. 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 COUNTY:
DATED: January 6, 2012
ATTEST: 'N., . e'4P . ,
DWIGHT �8ft0CK,9gerk
Ali 1'j
u Eetc
a ate'
AS TO OWNER:
DATED:
itness (Signature)
-&� Q, rMw 'TI .
(Print or Type)
(Signature)
me (Print or Type)
Approved as to form and
legal sufficiency:
07F
As8' tant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: LA) C2��_L
FRED W. COYLE, Chairm n
BOLAND FAMILY PROPERTIES, LLC
A F�i� a Limited Lia it ompany
/ , / /„%�'I
ARIA M. BOLAND, Managing Member
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GRAPHIC SCALE \ \ N. 1/2 LOT 14
1'= 40' \ PARCEL NO.
62250440005
S. 1/2 LOT 14
PARCEL NO.
\ 6225048 007 BLOCK 1
\ NAPLES MANOR LAKES
\ SOUTHERLY P.B. 3 PG. 86
LOT LINE
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o° \ LOT 15
154DE1 \ PARCEL NO,
WESTERLY 62250520006
LOT LINE \
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LEGEND
R/W = RIGHT —OF —WAY \
O.R. = OFFICIAL RECORDS BOOK A
PG. = PAGE J
P.B. = PLAT BOOK
A.K.A. = ALSO KNOWN AS \
NO. = NUMBER
S.R. = STATE ROAD E .41
® = DRAINAGE EASEMENT (DE)
LEGAL DESCRIPTION
PARCEL 154DE1
A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
THE WESTERLY 6.00 FEET OF THE SOUTHERLY 39.00 FEET OF THE SOUTH ONE —HALF OF LOT 14, BLOCK ONE, AS
SHOWN ON THE PLAT OF NAPLES MANOR LAKES, RECORDED IN PLAT BOO 3, PAGE 86, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
CONTAINING 234.0 SQUARE FEET MORE OR LESS.
SUBJZTEASND EMENTS A RESTRICTIONS OF RECORD. -r>✓cM -Row
MAR 0 7 2011
Z z� �t
MICH PROFESSIONAL SURVEYOR A D MAPPER LS# 5301 DA E SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTEREE PROFESSIONAL SURVEYOR AND MAPPER.
THIS IS NOT A SURVEY.
F-br .,y 21, 2011 9:21 AM W; \2009 \090220.02.00 Nrplrs Manor Ditch And US -41 Ditch Orsign (LASIP) \0002 Skrtch And Lrgc) Drr ription Pnperotion \Skrich And Oracripiion8\152 To 179 \1540E1 REVl.dwg
PROJECT: LASIP. — NAPLES MANOR DITCH ���,^INCV1soeliz8aflon
SKETCH AND LEGAL DESCRIPTION CONSULTING C1raFh&cmDg
PARCEL 154DE1 (DRAINAGE EASEMENT) .AL 6610 T VA. S vvy1% & Mapping
6610 Willow Park Drive, Suite 200
PREPARED FOR: COLLIER COUNTY Naples, Florida 34109
Phone: (239) 597 -0575 FAX: (239) 597.0578
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE OAT DRAWN BY LB FILES NAME SHEET
990220.02.00 1 29 50S 26E 1" = 40' 1/24/1 1 R.A.K. 154DE1 REV1 1 OF 1
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GRAPHIC SCAT
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PARCEL NO.
62250480007
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154DE2
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O.R. = OFFICIAL RECORDS BOOK
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PG. = PAGE
P.B. = PLAT BOOK \
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A.K.A. = ALSO KNOWN AS
NO. = NUMBER
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® = DRAINAGE EASEMENT (DE)
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LEGAL DESCRIPTION
PARCEL 154DE2
A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
THE WESTERLY 14.00 FEET OF THE NORTHERLY 21.00 FEET
OF THE NORTHERLY ONE —HALF OF LOT 14, BLOCK ONE, AS
SHOWN ON THE PLAT OF NAPLES MANOR LAKES, RECORDED
IN PLAT BOOK 3, PAGE 86, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
CONTAINING 294.0 SQUARE FEET MORE OR LESS.
TECM " ROW
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
20il FEB _
`CD 1
II
l 2�2vl1
301 DATE SIGNED
MICHAEL A. WARD PROFESSIONAL SURVEYOR AND MAPPER LS
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
THIS IS NOT A SURVEY.
January 27, 2011 9:18 AM W: \2009 \090220.02.00 Naples Manor Ditch And US -41 Ditch Design (LASIP) \0002 Sketch And Legal Description Preparatlon \Sketch And Descriptions \152 To 179 \154DE2.dwg
PROJECT: LASIP — NAPLES MANOR DITCH
DAIT^INc
Visualization
SKETCH AND LEGAL DESCRIPTION
CONSULTING Civil E no
AL %. 1 T l 1 Survoying t"
PARCEL 154DE2 (DRAINAGE EASEMENT)
6610 Willow Park Drive, suite 200
PREPARED FOR: COLLIER COUNTY
Naples, Florida 34109
Phone: (239) 597 -0575 FAX: (239) 597 -0576
LB ND.: 6952
JOB NUMBER
REVISION
SECTION
TOWNSHIP
RANGE
SCALE
DATE
DRAWN, BY
FILE NAME
SHEET
990220.02.00
0
2sl
50S
26E
1 " =
40,
1 /24/1 1
R.A.K.
154DE2
1 OF 1
N
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0 20 40
GRAPHIC SCALE
1"= 40'
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LEGEND �s
R/W = RIGHT —OF —WAY
O.R. = OFFICIAL RECORDS BOOK
PG. = PAGE \
P.B. = PLAT BOOK
A.K.A. = ALSO KNOWN AS
NO. = NUMBER
S.R. = STATE ROAD
® = TEMPORARY CONSTRUCTION EASEMENT (TCE)
LEGAL DESCRIPTION
PARCEL 154TCE.
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EXHIBIT ,6
A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
THE WESTERLY 6.00 FEET OF LOT 14, BLOCK ONE, LESS THE SOUTHERLY 39.00 FEET OF THE SOUTHERLY ONE —HALF
OF LOT 14 AND LESS THE NORTHERLY 21.00 FEET OF THE NORTHERLY ONE —HALF OF LOT 14, AS SHOWN ON THE
PLAT OF NAPLES MANOR LAKES, RECORDED IN PLAT BOOK 3, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
CONTAINING 240.0 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTION ' OF RECORD.
TECM - ROW
FEB _ 4 2011
2 sir
MICHAEL A. WARD PROFESSIONAL SURVEYOR AND MAPPER LS# 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
THIS IS NOT A SURVEY.
January 27, 2011 9:22 AM W.• \2009 \090220.02.00 Noplas Monor Ditch And US -41 Ditch Design fLASIP) \0002 Sketch And Legcl Description Preporatlon \Sketch And Descriptions \152 To 179 \154TCE.dw9
PROJECT: LASIP — NAPLES MANOR DITCH 'DIVA
v �g 'on
SKETCH AND LEGAL DESCRIPTION CONSULTING CivilPngiaoaiog
Z \ T YL 1 Surveying & Mapping
PARCEL 154TCE (TEMPORARY CONSTRUCTION EASEMENT) 6610 Willow Park Drive, Suite 200
Naples, Florida 34109
PREPARED FOR: COLLIER COUNTY Phone: (239) 597 -0575 FAX: (239) 597 -0578
LB No,: 6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
990220.02.00 0 29 SIDS 26 E 1 " = 40' 1/24/11 R.A.K. 154TCE 1 OF 1