Parcel 219RDUEPROJECT: Golden Gate Blvd. 60040
PARCEL No: 219RDUE
FOLIO No: Portion of 39265600009
EASEMENT AGREEMENT
THIS EASEMENT AGREWENT (hereinafter referred to as the "Agreement ") is
made and entered into on this day of,(�uc;(� , 2012, by and between
CARMEN I. SANCHEZ f /k/a CARMEN TEJEDA, surviving spouse of GUILLERMO
AMADO TEJADA PENA a /k/a GUILLERMO TEJEDA, whose mailing address is 5125 Pine
Needle Drive, Mascotte, FL 34753 (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:
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:
$19,500.00
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;
Page 2
(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 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.
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:
DATED: 3 k I -Z-0(a
ATTEST- ,,4 BOARD OF COUNTY COMMISSIONERS
DWIQW, 13Rbe ,Clerk COLLIER COUNTY, FLORIDA
LA BY:
p piny Clerk FRED W. COYLE, ChairrUn
OWNER'S SIGNATURE PAGE TO FOLLOW
A� #I$ to lbrm & legal sufficlency
Assist nt County Attorney
- Z-;7- NN �;.2 C3 . t,-� \-r Z-
AS TO OWNER:
DATED: / _ % f-�)-C)
fitness (Signature)
/Z,/ r,e Z-Am
Na a (Print or Ty e)
Witne gnature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revised: 05/04/2011
CARMEN I. SANC Z F /K/A
CARMEN TEJEDA
Page 5
EXHIBIT "A"
OFFICIAL RECORDS (BOOK /PAGE)
I PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
<f...,t USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 80
LEGAL DESCRIPTION FOR PARCEL 219 RDUE
A PORTION OF TRACT 74, GOLDEN GATE ESTATES, UNIT 49 AS RECORDED IN PLAT BOOK 5, PAGE 80 OE 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 NORTH 25 :cET OF THE SCUTH 75 FEET OF THE EAST 180 FEET „} SA.D TRACT 74.
CONTAINING 4,500 SQUARE.. FEET, MORE OR LESS.
0 40 80 Wu By- s
SKETCH & DESCRIPTION ONLY 'Amckk�i A MYRD, PPOFESS*Wa 5 RVC'1CR k WPleu
LORIDA Ilii i wt5ti RERTd.6,CAT„ "�. 5.302
NOT A BOUNDARY SURVEY SCALE: i " =80' t;NIN DATE <i%
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS N` I `''A RrHa� iD k L Sl,,wv � n r0 cP S.M s -aT. o�
A L�R1(jA R G'Si {tE0 �dt7 } S'Zi "rAi S'RYk'+Jk AEU Aire t t
GOLDEN GATE BOULEVARD ����I� �1C
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT .AL CONSULTING Cva
PARCEL 219 RDUE 6610 Willow Park Drive, Suite 200
Naples, Florida 34109
COLLIER COUNTY, FLORIDA Phone: (239) 597.0575 FAX: (239) 597.0578
L0 No.: 6952
JOB NUMBER REVISION I SECTION I TOWNSHIP I RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.00 0007 REV #1 02 49 27 1" = 8n' FFR 9nnR c n 11Nd4 cu710 1 1 nc 1
RESOLUTION NO. 2007 - _305_
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE
OF RIGHT -OF -WAY AND RELATED EASEMENTS NECESSARY FOR THE
CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM
WEST OF WILSON BOULEVARD TO EAST OF EVERGLADES BOULEVARD
(PHASE ONE PROJECT LIMITS), AND AUTHORIZING THE ACQUISITION OF
LANDS NECESSARY FOR THE CONSTRUCTION OF STORMWATER
RETENTION AND TREATMENT PONDS FOR BOTH PHASES ONE AND TWO
(FROM WEST OF WILSON BOULEVARD TO EAST OF DESOTO BOULEVARD.)
(PROJECT NO. 60040.)
WHEREAS, the Board of County Commissioners (Board), on June 7, 2005, adopted
Ordinance No. 2005 -25 therein establishing the Capital Improvement Element of the Growth
Management Plan in order to establish priorities for the design, acquisition and construction of
the various capital improvement projects; and
WHEREAS, the Transportation Element of the County's Comprehensive Plan was
adopted in Ordinance No. 2005 -25; and
WHEREAS, the expansion of Golden Gate Boulevard from west of Wilson Boulevard to
DeSoto Boulevard (Project No. 60040) is one of the capital improvement projects required under
the Transportation Element of the County's Comprehensive Plan; and
WHEREAS, the expansion of Golden Gate Boulevard from two lanes to four lanes (and
ultimately six lanes) from west of Wilson Boulevard to East of Everglades Boulevard, the "Phase
One" limits of the project corridor, as depicted in Exhibit "A" attached hereto and incorporated
herein, and the acquisition and construction of stormwater retention and treatment ponds along
Phases One and Two of the project corridor, in the locations collectively represented by the legal
descriptions depicted in Exhibit `B" attached hereto and incorporated herein, are necessary in
order to protect the health, safety and welfare of the citizens of Collier County, and will assist
Collier County in meeting certain concurrency requirements of the Growth Management Plan for
Collier County.
WHEREAS, on October 9, 2007 the Board adopted Resolution No. 2007 -292 authorizing
the acquisition of those fee simple and permanent and temporary easement interests necessary
for the expansion of Golden Gate Boulevard and for the construction of stormwater retention and
treatment ponds; and
WHEREAS, the Board desires to amend the delegations of authority in Resolution No.
2007 -292.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that the expansion of Golden Gate Boulevard from west of
Wilson Boulevard to Desoto Boulevard, Project No. 60040 (hereinafter referred to as "the
Project "), is necessary and in the public's best interest in order to protect the health, safety and
welfare of the citizens of Collier County.
2. The construction of the Project is an integral part of the County's long range planning
effort, and is included in the Transportation Element of the County's Comprehensive Plan for
Growth Management, as approved by the Florida Department of Community Affairs.
3. It is necessary and in the best interest of Collier County for the Board to authorize he
acquisition of right -of -way in either fee simple, or as easements for roadway, drainage and/or
utility purposes, as well as temporary construction and driveway restoration easements, within
Phase One of the Project corridor, identified on Exhibit "A" (attached hereto by reference and
made a part hereof), and stormwater retention and treatment pond sites in fee simple within
Phases 1 and 2 of the Project corridor (the Phase Two limits of the project corridor are from East
of Everglades Boulevard to East of DeSoto Boulevard), in the locations collectively represented
by the legal descriptions depicted in Exhibit "B" attached hereto and incorporated herein, as best
suits the needs of the project; and the County Manager or his designee is hereby authorized and
directed to acquire said right -of -way and stormwater retention and treatment pond sites by either
gift or purchase.
4. The Board hereby directs the County Manager or his designee to make purchase offers to
property owners based upon appraisals prepared for Collier County by licensed real estate
appraisers.
5. In view of the differences of opinions between real estate appraisers as to property owner
compensation estimates, and in view of the cost of condemnation, the Board hereby authorizes
the County Manager or his designee to approve right -of -way, easement, and stormwater retention
and treatment pond site purchases where the property owner has agreed to sell the required land
rights to the County at, or up to twenty five percent (25%) above, Collier County's appraiser's
estimate of full compensation to the property owner, with the maximum approval authority not to
exceed $50,000 over the County's appraiser's estimate of full compensation. Such purchase
-Page 2-
approvals are hereinafter referred to as "Administrative Settlements." Each and every proposed
settlement over one hundred and twenty -five percent (125 %) or over $50,000 above the County's
appraiser's estimate of full compensation shall require separate Board approval.
The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of
the Project, upon the approval of the Office of the County Attorney as to form and legal
sufficiency, to execute Easement Agreements and Purchase Agreements for right -of -way and/or
stormwater retention and treatment pond sites, where the property owner has agreed to sell the
required land rights to the County at its appraised value, or within the Administrative Settlement
provisions of Paragraph 5 (above); and the Board hereby authorizes its present Chairman, and
any subsequent Chairman for the life of the Project, to execute any instruments which have been
approved by the Office of the County Attorney, to remove the lien of any encumbrance and for
any such other purpose as may be required.
Said Administrative Settlement authority is delegated by the Board to the extent that such
delegation does not conflict with the provisions of Section 125.355, Florida Statutes.
8. Where the property owner agrees to convey a necessary interest in real property to the
County, through the execution of a "Purchase Agreement" or "Easement Agreement," and upon
the proper execution by the property owner of such legal instruments as the Office of the County
Attorney may require, the Board hereby authorizes the Finance Department to issue warrants,
and/or to make wire transfers, payable to the property owner(s) of record, and to others who may
possess an equitable interest in the subject right -of -way parcels or stormwater retention and
treatment sites, in those amounts as shall be specified on a Closing Statement.
9. All title to real property which has been obtained in the manner described above shall be
deemed "accepted" by the Board of County Commissioners, as the governing body of Collier
County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby
authorized to record in the Public Records of Collier County, Florida, deeds, easements or other
instruments as may be required to remove the lien of any encumbrance from the acquired
properties.
10. Resolution No. 2007 -292 is hereby repealed in its entirety.
-Page 3-
This Resolution, adopted on this ?q day of 0 , 2007, after motion,
second and majority vote.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCIC, CLERK OF COLLIER TY O
04 u.i or— By:
t JA COLETTA, CHAIRMAN
I *8two oa I • t
Approved as to form and
legal sufficiency:
Heidi F. Asthon -Cicko
Assistant County Attorney
-Page 4-
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EXHIBIT B
GOLDEN GATE BOULEVARD POND SITE PARCELS
ALL INTERESTS TO BE ACQUIRED IN FEE SIMPLE
Parcel No. Legal Description:
PSP1 W 1 The East 165 feet of Tract 18, Golden Gate Estates Unit No. 13, according to
the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37221200005.
PSP1 W2 The West 180 feet of Tract 19, Golden Gate Estates Unit No. 13, according to
the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37221280009.
PSP1 E1 The West 150 feet of Tract 130, Golden Gate Estates Unit No. 13, according to
the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37228760001.
PSP1 E2 The East 200 feet of Tract 130, Golden Gate Estates Unit No. 13, according to
the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37228720009.
PSP2W1 The East 180 feet of Tract 57, Golden Gate Estates Unit No. 48, according to
the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of
Collier County, Florida. Folio No. 39204000000.
PSP2W2 The West 150 feet of Tract 57, Golden Gate Estates Unit No. 48, according to
the plate thereof, as recorded in Plat Book 5, Page 78, of the public records of
Collier County, Florida. Folio No. 39204040002.
PSP2E1 The North 350 feet of Tract 127, Golden Gate Estates Unit No. 13, according to
the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37228540001.
PSP2E2 The South 330 feet of Tract 127, Golden Gate Estates Unit No. 13, according
to the plate thereof, as recorded in Plat Book 7, Pages 71 through 72, of the
public records of Collier County, Florida. Folio No. 37228520005.
PSP3W1 The West 180 feet of Tract 153, Golden Gate Estates Unit No. 51, according to
the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of
Collier County, Florida. Folio No. 39394600006.
PSP3W2 The West 75 feet of the East 150 feet of Tract 153, Golden Gate Estates Unit
No. 51, according to the plate thereof, as recorded in Plat Book 5, Page 84, of
the public records of Collier County, Florida. Folio No. 39394680000.
PSP3W3 The East 75 feet of Tract 153, Golden Gate Estates Unit No. 51, according to
the plate thereof, as recorded in Plat Book 5, Page 84, of the public records of
Collier County, Florida. Folio No. 39394640008.
PSP3E Tract 63, Golden Gate Estates Unit No. 80, according to the plate thereof, as
recorded in Plat Book 5, Page 18, of the public records of Collier County,
Florida. Folio No. 40866000000.
PSP4 Tract 19, Golden Gate Estates Unit No. 78, according to the plate thereof, as
recorded in Plat Book 5, Page 16, of the public records of Collier County,
Florida. Folio No. 40741080006