Parcel 108/Richard LansdaleMemorandum
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb
Sr. Property Acquisition Specialisl{
Real Property Management Depai't'ment
October 15, 2001
County Barn Road - Parcel #108 - Richard and Mary Ann Lansdale
Please find attached one (1) ori¢linal recorded Easement and one (1) original
Easement Agreement for the above referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
by gift or purchase pursuant to Resolution 96-356, Agenda Item 16 B 6, dated August
13, 1996, and approved the acquisition by condemnation pursuant to Resolution 2000-
193, Agenda Item 8 B 2, dated June 27, 2000.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
cc: A.N. Korti, Transportation w/attachments
Tax Appraiser's Office w/Easement only
Contractor's File w/attachments
Inventory File w/attachments
Office of the Real Property Management Department
PROJECT: County Barn Road
PARCEL: 108
FOLIO: 00426400006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between Richard B. Lansdale and Mary Ann Lansdale, husband and
wife, as an estate by the entirety, with right of survivorship, (hereinafter referred to as
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns (hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for road right-oF
way, drainage, utility, and maintenance purposes over, under, upon and across the lands as
described in Exhibit "A" (said easements hereinafter collectively referred to as the
"Property"), which is attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
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:
Owner shall convey the Property to Purchaser for the sum of $3,715.00, payable by
County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any
damages resulting to Owner's remaining lands, and for all other damages in connection
with conveyance of said Property to Purchaser, including any costs, expert fees, or
attorney's fees as provided in Chapter 73 and 74, Florida Statutes.
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Owner shall provide such
instruments, properly executed, to Purchaser on or before the date of Closing.
This Agreement shall be null and void, and of no further force or effect, unless Closing
shall occur within ninety (90) days from the date Purchaser executes this Agreement;
provided; however, that Purchaser shall have the unilateral right to extend the term of
this Agreement pending receipt of such instruments, properly executed, which either
remove, release or subordinate any and all such liens, encumbrances or qualifications
affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the conveyance instruments to
Purchaser in a form acceptable to Purchaser.
Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and the 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.
Owner is aware and understands that the "offer" to purchase
Agreement is subject to acceptance and approval by the
Commissioners of Collier County, Florida.
represented by this
Board of County
Owner represents that the Property and all uses of the 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 except as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on any property contiguous to or
in the vicinity of the Property to be sold to the Purchaser, that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the Property, b) any
existing or threatened environmental lien against the Property or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment, spill or
transfer of hazardous substances on the Property. This provision shall survive Closing
and is not deemed satisfied by conveyance of title.
Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and to reimburse the Purchaser 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 Purchaser by reason or arising out of the breach of Owner's representation
under Section 6. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
The Purchaser shall pay for all costs of recording the conveyance instrument in the
Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes, and
recording costs for any curative instruments shall be borne and paid by Owner. Owner
shall be responsible for paying any costs and/or fees associated with the securing and
recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the Property from the mortgagee(s). The cost of a title commitment shall be
paid by Purchaser.
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.
10.
If the Owner holds the Property 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, of the name and address of every person having a beneficial interest in the
Property before the Property held in such capacity is conveyed to Purchaser, its
successors and assigns. (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.)
11. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNES~ WHEREOF, the parties hereto have executed this Agreement on this
day of j~ ,2001.
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED: ,,,¢'//.?,/~,. . ./
3000 -
ATTEST:
DWIGHTE. 'BROCK, Clerk
.~. ~ESSES':
(S~nature) ,
(P~ted Name)
(~¢nat~r~
(PrintedCName)
(Signature)
(P~ted Name)
(S~natu~)
(Printed N~me)
BOARD OF COUNTY COMMISSIONERS
By:COLLIEF~
JAMES D. CARTER, PH.D., Chairman
/~/¢ I~,¢R D B.C-L/ANSDALE
Approved as to form and
legal ~ufficiency:
EII'~ T. Cbadwell, Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 77'4-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
Perpetual, Non-Exclusive,
Road Right-of-Way, Drainage,
Utility and Maintenance
Eastment
PROJECT NO .................. 60101
PROJECT PARCEL NO .... 108
TAX PARCEL NO....,00428400000
PARCEL 108X~
LANSDALE LANE
S.E. COR. OF THE N 1/2, N 1/2, NW 1/4,
NW 1/4, SEC. 17, TWP 50S. RGE. 26 E.
I I
Z
DESCRIPTION:
FIFTY (50') FOOT ROAD RIGHT OF WAY EASEMENT
THE WEST FIFTY (§0') FEET OF THE EAST 100 FEET OF THE SOUTH 70 FEET OF
THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA.
CONTAINING 3500 SQUARE FEET OR .080 ACRES MORE OR LESS.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. -- TOWNSHIP
5) RGE. = RANGE
6) R/W = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
EORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
NOT TO SCALE MAY 22, 2000 Cl]R108 SHEET 1 OF 1
Re tn:
~A~. PROPBR?!
HT 8991
INTER 0f[ICE
PROJECT: County Barn.Road
PARCEL: 108
FOLIO: 00426400006
2868161 OR: 2904 PG: 3103
R~C0RD~0 in the 0HIClAL RlC0RD~ of COLLIER COlIN?Y, ~ItBC [!!
10/08/2001 at 01:33PN 0#IGE? R. BR0CI[, C~.ER[ C0PI~S
15.00
3.00
Prepared by:
Ellen T. Chadwell, Esqulee
Office of the County AttqTell~
3301 East Tamiami Trail
Naples, Florida 34X12
(941) 774-8400
This propmby has been acquired under
throat of condemnation and is exempt from
documentary stamp tax
EASEMENT
THIS EASEMENT, made and entered into this c~¢ %ayof /,,~-'KL-¢.-~ ,
2001, by Richard B. Lansdale and Mary Ann Lansdale, husband an~vife, as an estate
by the entirety, with right of survivorship, whose mailing address is 5525 Lansdale
Lane, Naples, Florida 34112, as Grantor to COLLIER COUNTY, a political subdivision
of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples,
Florida 34112, its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive easement for road right-of-way, drainage, utility, and
maintenance purposes on the following described lands located in Collier County,
Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of constructing,
operating and maintaining road right-of-way, drainage, and utility facilities thereon.
Grantor and Grantee are used for singular or plural, as the context requires. The
easement granted herein shall constitute easements running with the land and shall
burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
FIR~, T WITNESS (Signature)
(Prin~t Name)
SECOND ~ITNESS ,(Signature)
(Print Nar/te)
OR: 2904 PG:
~-/~~ary Ann Lansdale
3104
STATE OF /7-Zo ~2~,o.4
COUNTY OF f~o 1//~ ~
The foregoing Easement was acknowledged before me this c>P~9''day of
.,~ ~e_. ,2001, by Richard B. Lansdale, who is personally known to me or who
has produced t~ L ~e. th, Ce',~ 5'c: as identification.
(Affix notarial seal)
,,,~...?~,.,, Cindy ~. Erb
,¢~.**' ~'~: Commission # CC 9244~1
cZ(Signature of Notary)
(P~'int Name of Notary)
Commission # C,(__. g~2' <~ ~ q /
My Commission Expires: .~}/.~/v~'
STATE OF ~"Lo ~_.,
COUNTY OF O.._._~
The foregoing Easement was acknowledged
, 2001, by Mary Ann Lansdale,
before me this JO day of
who is personally known to me or who
as identification.
(Affix notarial seal)
.= ~:"~'~'-_Comm~ # cc
=.~,,2J~ ~.= Expires April 3, 2004
(S~nature of Notary)
-- %(Print Name ~f Notary)
Commission # fl_,d. 9J..;z
My Commission Expires:
OR: 2904 PO: 3105
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 77'4-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
Perpetual, Non-Exclusive,
Road Right-of-Way, Drainage,
Utility and Maintenance
Eastment
PROJECT NO .................. 60101
PROJECT PARCEL NO .... 108
TAX PARCEL NO .... ~00426400008
PARCEL 108~
LANSDALE LANE
S.E. COR. OF THE N 1/2, N 1/2, NW 1/4,
NW 1/4, SEC. 17, TWP 50S. RGE. 26 E.
Q
0
DESCRIPTION:
FIFTY (50') FOOT ROAD RIGHT OF WAY EASEMENT
THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE SOUTH 70 FEET OF
THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA.
CONTAINING 3500 SQUARE FEET OR .080 ACRES MORE OR LESS.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) R/W = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
PREPARED
EORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL REG. # 2408
PUBLIC WORKS ENGINEERING DEPT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLOR}DA 34112
NOT TO SCALE MAY 22, 2000 CBR108 SHEET 1 OF 1