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Parcel 109/Martin-Jean RoppoloMemorandum TO: FROM: DATE: RE: Ellie Hoffman Records Technician III Minutes & Records Management Cindy Erb ~q~ Sr. Property Acquisition Specialist Real Property Management Department December 10, 2001 County Barn Road - Parcel #109 - Roppolo Please find attached one (1) ori_clinal recorded Subordination of Utility Interests, one (1) oriqinal recorded Easement and one (1) oriqinal 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 Inventory File w/attachments Office of the Real Property Management Department PROJECT: PARCEL: FOLIO: County Barn Road 109 OO4273200O4 Prepared byt Ellen T. Chadwell, Esquire Office of the County Attorne) 3301 East Tamfamt Trail Naples, Florida 34112 (941) 774-8400 2892285 0R: 2932 PG: 1653 RECORDED In OPIICIAL RECORDS oK COLLIER COUI?T, FL 11/29/2002 at 09:18A~ DUIa~ B. BROCK, CLERK COILS 48500.00 RBC PB! 15.00 COPIES 3.00 Retn: REAL PROPERTY SZ? 89S1 I#?BR OPPIC! EASEMENT THIS EASEMENT, made and entered into this /~ day of ~/~0-~_~/~¢.~/, 2001, by MARTIN ROPPOLO and JEAN E. ROPPOLO, husband and wife, whose mailing address is 5619 Wendy Lane, Naples, FL 34112-2300, 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 ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive, easement for road right-of-way, drainage, utility and maintenance purposes on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and take materials for the purpose of constructing, operating and maintaining road right-of-way, drainage, utility and maintenance facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witnes~d'~,Signatur& Name: ~/~¢_/~, ~ ~ '"~. (Print o(Type) Wil~ e~i~h~at L~ re'~ (P~'~nt or TyPe') t ~ M~r{in Roppolo Address: 5619 Wendy Lane Naples, FL 34112-2300 ?URSUANT TO THE PROVISION8 OF RE$OLLFFtON NO. ,:~00 o - ~q~ .3 OR: 2932 PG: 1654 Witness ~Signature) Name: ~, (Print of Type) W it~'e~1 g n~at u re N ar~.' ~,, (~i~' or'T~/pei '~l z~an E. Roppolo ' ,/7 / Address: 5619 Wendy Lane Naples, FL 34112-2300 STATE OF /~--~/'~,~_---7~ COUNTY OF (~m ,//, ~,~ T ~ ~ he foregoing Easement was aoknowledged before me this /~ day of _~~~ , 2001 by Matin Roppolo, who is personally known to me or whdhas produced Cz ~. ~/d~as identification. (affix notarial seal) ',,~%%,,'o" .~l~, Bondin6 Co.. STATE OF F//O,~--¢O//' COUNTY OF ( ~b~"~at'ure (~ Notary Public) (Print Narr~ of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: oing who'has produced Easement was acknowledged before me this j ~/'¢'day of ,2001 by Jean E. Roppolo, who is personally known to me or ¥~.~£/-,dC, as identification. (SignaturgTof Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: (2~ 9J4~2f My Commission Expires: (affix notarial seal) ,,?,~?..~f,, Cindy M grb ~sststant Count~ Attorne~ Ellen T, Chad~ell OR: 2932 PG: 1655 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N.E. COR. OF THE N 1/2, N 1/2, NW 1/4, NW 1/4, SEC. 17, TWP. 50S, RGE 26 E. WENDY LANE 15' ROAD EASEMENT/- PARCEL 109----___~__ Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment 5' DRAINAGE EASEMENT-~ LANSDALE LANE DESCRIPTION:. FIFTY (50') FOOT ROAD RIGHT OF WAY EASEMENT PROJECT NO ................. 60101 PARCEL NO ................... 109 TAX PARCEL NO....'..00427320004 50' ' Z THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 13,200 SQUARE FEET OR .303 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 ~ GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 MAY 22, 2000 CBR10g SHEET 1 OF 1 PROJECT NO. 60101 PARCEL NO. 109 Florida Power & Light Release p~epared by: Ellen T, Chadwell, Esquire Office of the County Attorne) 5301 East Tamtami Trail Maples, Florida 34112 (941) 774-8400 2892282 OR: 2932 ?G: 1645 RBCORDBD i1~ OFFICIAL I~CORDS 0f ¢OLLIBR COlIN?Y, FL 11/29/2001 at 09:lSAM DWISH? I. BROCK, CLRRK 15.00 COPIBS Retn: RSAL PROPKRTY BZT 8991 INTBR OFFIC) SUBORDINATION OF UTILITY INTERESTS Public Body · _ , ~.. ,~,,/ THIS AGREEMENT, entered into this //~" day of .~,,/~, j.ej__, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter called "County", and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, by its undersigned officers who have been duly authorized by the corporation to execute this Subordination, whose mailing address is P. O. Box 029100, Miami, Florida 33102, hereinafter called "Utility." WITNESSETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for road right of way, sidewalk, utility, drainage and maintenance purposes; and WHEREAS, the proposed use of these lands for road right of way, sidewalk, utility, drainage and maintenance purposes will require subordination of the interest claimed in such lands by Utility to the County, and at the request of the County, the Utility has agreed, subject to the following conditions, to relocate its facilities from the Utility's easement lands onto public right-of-way, or has agreed to leave its facilities on the subordinated lands (hereinafter jointly referred to as "Lands" and depicted in Exhibit A attached hereto); and WHEREAS, the County is willing to pay to have the Utility's facilities relocated, if necessary, to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and County agree as follows: Utility subordinates any and all of its interest in the Lands described as follows: (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors or assigns, for the purpose of constructing, improving, maintaining and operating road right of way, sidewalk, utility, drainage and maintenance purposes, over, through, upon and/or across such Lands, including, but not limited to, the claim of interest based on the following: Nature of From or Recorded Encumbrance Date Against In Favor Of Book-Pago Easement 8/30/76 Richard B. Lansdale Carol Ann Lansdale Florida Power & Light Company 660/1441 PROVIDED that the following rights are granted to Utility: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon all Lands in accordance with the County's current minimum standards for such facilities. Any construction or relocation of facilities within the Lands will be subject to prior approval by the County. Should the County require the Utility to alter, adjust, or relocate its facilities from or within said Lands, the County hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to, the cost of acquiring appropriate easements. 2. The Utility shall have a reasonable right to enter upon the Lands for the purposes outlined in paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. OR: 2932 PG: 1646 3. The Utility agrees to repair any damage to the County's facilities and to indemnify the County against any loss or damage resulting from the Utility's exercise of its rights as outlined in paragraphs 1 and 2 above. 4. These terms and conditions shall be attached as an addendum to the permit, if any, required by the County for relocation of the Utility's facilities within the said Lands. 5. This Agreement is not assignable except to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk AE~"~,~ .~,~- ~; ;, ~_u"t~, Clerk ~p~ove~,fo~,and L~'dj P..A~ht~n .;:--.' ~slstant County A~5mey Sl'gne~ {ea[e~.and delivered in our presence as witnesses: WIIS~' (Signature) ~ame: Sally H. Stone  print or / WITNEss '(Signa-~u-re) Name: ~O~a (Print or Type) STATE OF: ,,_~']_o~da . COUNTY OF: ~:~l,,, Peach BY: BOARD OF COUNTY COMMISSIONERS JAMSS[//~. CARGO'S, -P~H~q~. , CHAIRMAN FLORIDA. POWER & LIGHT COMPANY, a Flor~/,~t~/~,//~,. By:~~ - ""-~ Director, Corp.orate Real Attest: Estate I hereby certify that on this 9~h b.e, for..e. [ne, an officer duly authorized to ,t;akG;r.~Ck~owledgment, personally appeared wi.. t.;rnsm (name) '%;~.. C0rp'~l (title) of Florida Power & Light Company, a Florida corporation, who is personall~ known to me er-Au, he- (affix notarial seal) /( .~..,~ / f No~ Signat'~re ' - Print Name of Notary Commission Number: My Commission Expires: " OFFICIAL NOTARY SEAL DONNA M RODEBAUGH NOTARY PUBLIC STATE OF FLORIDA [ COMMISSION NO. CC.3~809 / MY COMMISSION EXP. OCT. 24,1997 / OR: 2932 PG: 1647 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N.E. COR. OF THE N 1/2, N 1/2, NW 1/4, NW 1/4, SEC. 17, TWP. §0 S., RGE 26 E. WENDY LANE 15' ROAD EASEMENT/- PARC,EL 109--______~ Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment, 5' DRAINAGE EASEMENT--% 50' LANSDALE LANE ---T-. · DESCRIPTION: FIFTY (50') FOOT ROAD RIGHT OF WAY EASEMENT PROJECT NO .............. 80101 PARCEL NO .............. 109 TAX PARCEL NO....'..00427320004 O n,' z z O O THE WEST FIFTY (§0') FEET OF THE EAST 100 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 13,200 SQUARE FEET OR ,303 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 GEORGE R. RICHMOND .................. PROFESSIONAL LAND SURVEYOR-FL. REG. # 2408 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE MAY 22, 2000 CBR109 .~HEET 1 OF 1 PROJECT: PARCEL: FOLIO: County Barn Road 109 0O427320004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between MARTIN ROPPOLO and JEAN E. ROPPOLO, husband and wife, (hereinafter referred to as "Owner) whose mailing address 5619 Wendy Lane, Naples, FL 34112-2300, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112; 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 described in Exhibit "A" (said easement hereinafter 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 $48,500.00, 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 sixty (60) 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 instrument to Purchaser in a form acceptable to Purchaser. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 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 Easement Agreement Page 2 10. 11. 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 5. 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. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; 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. 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.) 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 this i(:::t~' day of ~/~¢,~.¢_ ,2001. Date Property acquisition approved by BCC: June 27, 2000 Agenda Item #: 8 B (2) Resolution #: 2000-193 Easement Agreement AS TO PURCHASER: DATED: /~/'/~/ ATTEST: DWIGHT E. BROCK, Clerk 'iAS T~ OWNER: ",,, :-6'.':1!i).~ Witnes~i~nature) Name: (Print o~Type) ~~nature~ (hri'~i or YYp~) Witness ((~ignature) me: C.,,,,lZ~/~. (Print ~'r Type) W~~n~t~e) . Na~~ ~, ~ (~rint ~r Approved as to form and legal sufficiency: .../Ellen T. Chadweil Assistant County Attorney Page 3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:JAM~~. C~RTER, PH.D., Ch--~irman MARTIN ROPPOLO ~'AN E. RO~-P-dL~d //~' PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N.E. COR. OF THE N 1/2, N 1/2, NW 1/4, NW 1/4, SEC. 17, TWP. 50 S, RGE 28 E. WENDY LANE 15' ROAD EASEMENT/- -I - - PARCEL 109---~_~[__,.._ Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment, 5' DRAINAGE EASEMENT--_~. LANSDALE LANE DESCRIPTION: FIFTY (50') FOOT ROAD RIGHT OF WAY EASEMENT PROJECT NO ................. 80101 PARCEL NO ................... 109 TAX PARCEL NO....'..00427320004 o n,' Z Z O o THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17,TOWNSHIP 150 SOUTH, RANGE 20 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 13,200 SQUARE FEET OR .303 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 DRAWN BY PREPARED ........ DATE. ,... r.~ GEORGE 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 CBR109 SHEET 1 OF 1