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Wyndemere Country ClubTO: FROM: DATE: Re: Memorandum Ellie Hoffman Records Technician III Minutes & Records Management Cindy Erb ~, '~,~ Sr. Acquisition Specialist ~'- (~ Real Property Management Department December 6, 2001 Livingston Road (Golden Gate Parkway to Pine Ridge Road) Project #: 60071; Wyndemere - Wyndemere Country Club Please find attached one (1) oriqinal recorded Easement and one (1) ori_qinal Easement Agreement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 200-447 Agenda Item 8 B 4, dated November 28, 2000, and approved the acquisition by condemnation pursuant to Resolution 2000- 446, Agenda Item 8 B 1, dated November 28, 2000. Please contact me if you have any questions or comments at 8917. Thank you. attachments as stated cc: Tax Appraiser's Office w/Easement only Inventory File w/attachments Office of the Real Property Management Department PROJECT: Livingston Road EASEMENT AGREEMENT THIS EASEMENT AGREEMEJ~ (hereinafter referred to as the "Agreement") is made and entered into this /~' day _Jl,.)aJ¢~v- , 2001, by and between WYNDEMERE COUNTRY CLUB, INC., a Florida non-profit corporation, (hereinafter referred to as "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"); WHEREAS, Owner desires County to construct a fill slope and a noise attenuation wall (hereinafter collectively referred to as the "Wall") in accordance with the plans and specifications as described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, County requires a perpetual, non-exclusive easement for the construction of the wall, fill slope, sidewalk and landscaping, over, under, upon and across the lands described in Exhibit "B" (said easement hereinafter referred to as the "Wall Easement"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires County to preserve and protect the existing paved cart path located within that certain legally described easement recorded in OR Book 1362, Pages 1532 through 1537, of the public records of Collier County, Florida, and Owner desires that County reconstruct said cart path, to the same specifications and at the same width as the existing cart path, at the base of the fill slope where the two facilities converge; and WHEREAS, County requires the subordination of Owner's easement interest arising from the Cross-Easements Over Preserve Path Agreement in the West 30 feet of Parcel "C", Parcel "CC", and part of Parcel "BB"; and WHEREAS, Owner desires to convey the Wall Easement to County for the stated purposes, on the terms and conditions set forth herein; and 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 Wall Easement to County in exchange for the construction of the Wall. Owner shall execute the easement conveyance instruments within sixty (60) days from the date County executes this Agreement; provided; however, that County 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 County's enjoyment of the Property. County shall construct the Wall in accordance with the plans and specifications as described on Exhibit "A." Owner agrees to subordinate all interest arising out of that certain Cross- Easement Over Preserve Path Agreement, (recorded at OR Book 1362, Page 1532, et seq.) to the easement interest acquired by the County in Parcel "C", Parcel "CC" and part of Parcel "BB" and hereby consents to the granting of the County's easement by Wyndemere Homeowners Association, Inc. Wyndemere CC Easement Agreement Page 2 o 10. 11. 12. 13. Owner hereby authorizes County to remove and replace as may be necessary according to County's discretion, the existing chain link fencing located along the western boundary of Owner's property. 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 perform represented by this Agreement is subject to approval by the Board of County Commissioners of Collier County, Florida. Owner represents that to the best of its knowledge the lands to be encumbered by the Wall Easement and all uses of same 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 said Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of said Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on said Easement, b) any existing or threatened environmental lien against said Easements or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on said Easement. This provision shall survive the term of this Agreement and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the County against and from, and shall 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 Owner's representation under Section 8. This provision shall survive the term of this Agreement and is not deemed satisfied by conveyance of title. The County shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. As County is exempt from the payment of documentary stamp taxes on the Wall Easement, these expenses shall be borne and paid by County. 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. 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 County, 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.) This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida. Easement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this,,l~:¢, dayof '"~,~.-. ,2001. Date Property acquisition approved by BCC: November 28, 2000; Res. # 2000-447 November 28, 2000; Res. # 2000-446 AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk :~'/',.','.' .::: ,; Deputy Clerk "'si -, ~S"TO OWNER: DATED: Witnoss Witnoss (Si~Daturo) Name: (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES. CAR'~'-R, ~--I~'1~., Chairman WYNDEMERE COUNTRY CLUB, a Tear :~e-'~ "~Ly n c ~ 'President Approved as to form and Ellen T. Chadwell Assistant County Attorney EXHIBI~T__~ "of,, ~ _ MA TCH LINE STA. 217+00 MA TCtl LINE STA. 225-~00 MA TCt[ LINE $TA.22~00 MA T CH L I'~IE. -- . . .~; T ~ . 229-~-00 EXHIBIT Page / of / LEGAL DESCRIPTION OF PERPETUAL NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF NOISE ATTENUATION AND PRIVACY WALL, FILL SLOPE, SIDEWALK, AND LANDSCAPING GIVEN BY THE WYNDEMERE COUNTRY CLUB, INC., TO COLLIER COUNTY, FLORIDA THE WEST THIRTY (30) FEET OF PARCEL "GG-3" REPLAT OF A PORTION OF WYNDEMERE TRACT MAP, ACCOORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGES 39 THROUGH 43. PROJECT: Livingston Road Prepared by: .. Ellen T. Chadwel!, Esquire ~ffice of the County Attorne) ?y01 East Tamtami Trail ~aples, Florida 34112 {941) 774-8400 EASEMENT THIS EASEMENT, made and entered into this 2001, by WYNDEMERE COUNTRY CLUB, INC., a Florida non-profit corporation, whose mailing address is 700 Wyndemere Way, Naples, FL 34105, 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, license, and privilege for the purpose of construction and maintenance of noise attenuation and privacy wall, fill slope, sidewalk, and landscaping 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 NOT 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, and maintaining noise attenuation and privacy wall, fill slope, sidewalk, and landscaping 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. date and year first, a~bove written. ~//~¢' ~ Witness (~.n~atu~) Name: u /~r ~, 4,.. ,~'2Q~ (P~int)/ IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the Witness (Signature) Name: /'Z,, ~--,~,/ (Print) WYNDEMERE COUNTRY CLUB, a Florida non-~ofit iF/poration Terence Franc~s Lynch, President THIS CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, PURSUANT TO THE PROVlSIO~ OF RESOLUTION NO. , ~ ~ OR: 2933 PG: 2187 STATE 0%~ COUNTY The foregoing Wa.~Construction and Maintenance Easement was acknowledged before me this ~ day of ~) ~¢,(~,~,~, _ _l~f4~ ,2001 by Terence Francis Lynch, President, on behalf of WYNDEMERE COUNTRY CLUB, INC., a Florida non-profit corporation, w~o is personally known to me or who has produced ~'(,.,~lld ~[~,4~ as identification. WITNESS my hand and official seal this /,.,~'~ay of ~, 2001. (Affix notarial seal) Assistant Counts Attorne~ Ellen T. Chadwe11 EXHIBIT ~'~" ~ / of OR; 2933 PG; 2188 LEGAL DESCRIPTION OF PERPETUAL NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF NOISE ATTENUATION AND PRIVACY WALL, FILL SLOPE, SIDEWALK, AND LANDSCAPING GIVEN BY THE WYNDEMERE COUNTRY CLUB, INC., TO COLLIER COUNTY, FLORIDA THE WEST THIRTY (30) FEET OF PARCEL "GG-3" REPLAT OF A PORTION OF WYNDEMERE TRACT MAP, ACCOORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COI~LIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGES 39 THROUGH 43.