Parcel 174RDUE PROJECT: Golden Gate Boulevard
PARCEL NO: 174RDUE
FOLIO NO.: 37228560007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 20 , by and between
JOSEPH COCI III, KATHLEEN C. CUMMINGS, ANITA C. LUCE and KAREN C.
WEAVER (by virtue of that certain Order of Summary Administration recorded in Book
4772, Page 994), whose mailing address is P.O. Box 562, Westport, CT 06881, 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, 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:
$1,400.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 8 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 (if applicable) 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 (if any), and the cost to cut and cap irrigation lines (if any) extending
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into the Easement, and to remove all sprinkler valves and related electrical wiring (if
any), 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. 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. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy of
any existing title insurance policy and the following documents and instruments
properly executed, witnessed, and notarized where required, in a form acceptable to
County (hereinafter referred to as "Closing Documents"):
(a) Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility
Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
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 Closing Documents, 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."
5. Owner agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the
construction of the project without any further notification from County. Owner
assumes full responsibility for the relocation of the irrigation system (if any) 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.
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If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement (if any), 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 all
improvements located within the Easement area, and yet County is willing to permit
Owner to salvage said 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.
(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
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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.
8. 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 lien-holders and/or easement-holders 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. County shall have sole
discretion as to what constitutes "reasonable processing fees."
9. 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.
10. 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.
11. 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.)
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12. 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.
13. 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.
14. This Agreement is governed and construed in accordance with the laws of the State
of Florida and may be signed in counterparts.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED:T./AQ.. ` t2,20(4-
ATTEST: BOARD OF COON COMMISSIONERS
1 DWIGHT E. BROCK, Clerk COLLIER C*UN T, FLORIDA
aatit / — ' E
II_ . L TI HENNING, Ch. an
Attest as to •. ,�,a
AS T1gnatti HI t.
DATED: Y�rli 241, 7) /1-/-
1
itness (S�f ure) J• PH OCI, Ill
N me (Print Type)
C I`YhICk.
itness (Si ture)
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ame (Pi' or Type)
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Witness (Signature) KA HLEEN C. CUMMINGS
c TANI
Name (Print or Type)
Witness (Signature)
Fq rt d �c
Name (Print or Type)
Witness (Signature) ANITA C. LUCE
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Witness (Signature) KAREN C. WEAVER
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
A•proved as to form and legality:
LL B'u 9
Assistant County Attorney
Last Revised:6/3/2013
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Page 6
Witness (Signature) KATHLEEN C. CUMMINGS
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Witness (Signature)nature Si NITA C. LUCE
( 9
Dorn Horts
Name (Print or Type)
/A.��i V G
i 'ess (Signature)
Co/ :SA.)Ova-
Na a (Print or Type)
Witness (Signature) KAREN C. WEAVER
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and legality:
0 1
Assistant County Attorney
Last Revised:6/3/2013
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Page 6
Witness (Signature) KATHLEEN C. CUMMINGS
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Witness (Signature) ANITA C. LUCE
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
,�c�►-z.�-u- C . -2 CURA,/
Witness (Signature) KAREN C. WEAVER
Rose-r EC. 16a-Mt
Name (Print or Type)
7ALQG ,. cerc��c
Witness (Signature)
5lok5ail L .B a(Cie.)ar7
Name (Print or Type)
Approved as to form and legality:
AAA-
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Assistant County Attorney
Last Revised:6/3/2013
CA
EXHIBIT "A"
GOLDEN GATE BOULEVARD (CR 876) I
...,,644,00 65900 i 66'00 674.00 68.00 69.00
I -----4— i7------4— 1
50
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t 4110,
H.—
, pm!, Irlilier 1rAr 1
1 V. ••••$7* A
i •.4 0 •••••••4 ri
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PROPOSED ROADWAY EASEMENT
PARCEL 174 RDUE
6,15c SP fl.
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I
,
1
i I WEST 150 OF
TRACT 128
y i
i 8 t
a TRACT 128
GOLDEN GATE ESTATES
UNIT 13
PLAT BOOK 7 PAGE 72
i
, 1
, TRACT 127 1 TRACT 129
A I
4 COO VAN WEY ET LX
OR 891/0299 OR 4 1 6/571
i .
1 I
E.• 1
1 ? 1
.4.
N
I ;
1
. _
T. SQUARE FEET W
OR 0;',,tCIAE. RECORDS (BOOK/PAGE)
= PROPOSED ROADWAY, DRAINAGE AND UTILITY r,ASEMEN. (ROUE) S
r// LX STING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
V___./_....Z USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 72
LEGAL DESCRIPTION FOR PARCEL 174 RDUE
A PORTION OF TRACT 128, GOLDEN GATE ESTATES, UNIT 13 AS RECORDED IN PLAT BOOK 7, PAGE 72 OF THE
PURL C RECORDS Or COLLIER COUNTY, FLORIDA, LYING IN SECTION 3, TOWNS n'P 49 SOUTH, RANGE 27 EAST.
COLTER COUNTY, FLORIDA, KING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 41 FEET or THE NORTH 91 FEET OF THE WES-, 150 FEET OF SAID TRACT 128.
CONTAINING 6, 5O SQUARE FEET, MORE OR LESS.
•
•
•
----7.CM - ROW
FEB 0 1 2010
1 0 40 BO 160
SKETCH & LEGAL ONLY ! !!!!ciiir ■ACK,A1 A.WARD,PROCESSO•AL SAW,OR A I.V.V7
r.041t4A PEGIT.A■ C.:70771E.0 MO,
NOT A BOUNDARY SURVEY SCALE'I...BO' SICANG C.71 /0 9
NOT vAtO)wn-tovi nac OFIGAALL 1 lk RAMO NI:1055ED 501 OF
FOR COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A MAN.RAyrAvERfp Align SURVEYOR MP UEYVER
7- Thr.
GOLDEN GATE BOULEVARD A
1.1....4
p3)
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
■ ,.,v WI Ztr,4:041 a micc6s
PARCEL 174 RDUE us 1 o wAc.rhoi D...sw10203
Naples Rodido 34109
COLLIER COUNTY, FLORIDA Phone.(230,507.0576 FAA 039)5074570
LB No,:6952
JOB NUMBER I RE`ASION I SECTION I TOWNSHIP I RANGE SCALE I —DATE 1()RAW,: BY 1 FILE NAME J SKEET
CI
,050217,00.01 0001 REV 01 3 I 49 I 27 I 1' ,-- 80' DEC. 2009 R,y sy, 174 1 OF I