Parcel 102/Mildred L. Mack· MEMORANDUM
TO:
FROM'
Sue Filson, Administrative Assistant
BOARD OF COUNTY COMMISSIONERS
Wilma Iverson/x,~
Senior Property Specialist
Real Property Management Department
RE: County Barn Road
DATE: April 24, 1998
With regard to the above referenced Project and Parcel, attached for the Chairman, Ms. Barbara B.
Berry's review and execution is a Easement Agreement. Kindly sign and date the Agreement and
have Dwight E. Brock, attest to the Chairman's signature.
The Board of County Commissioners of Collier County, Florida approved the conveyance in
Resolution 96-356 presented August 13, 1996 Agenda Item 16 B 6.
Please return a copy of the Agreement to the Real Property Management Department for closing.
Thank you in advance for your prompt attention to this request. Should you have any questions,
please feel free to contact me at/48991.
attachment
PROJECT: County Barn Road
PARCEL: 102
EASEMENT AGREEMENT
'FillS F. ASF. MI!NT AGRFA';MENT 01crcinaftcr referred lo as tile "Agreement")is made and
entered by and between Mildred L. Mack, (hereinafter referred to as the "Owner"), and COLLIER
COUNTY, a political subdivision of tile State of Florida, its successors and assigns (hereinafter
referred lo as thc 'Turchascr");
WttEREAS, the Purchaser requires an Easement over, under, upon and across tile lands
described in Exhibit "A", hereinafter shall be referred to as the "Property," which is attached hereto
and made a pan of this Agreement, for road right-of-way, sidewalk, drainage, utility, and maintenance
purposes; and
WHEP, EAS, the Owner desires lo convey tile Easement to the Purchaser for the stated purposes,
on the terms and conditions scl forth herein; and
\VHEREAS, the Purchaser has agreed to compensate thc Owner for thc granting of tile Easement
over, under, upon, and across tile Property.
NOW TtlEREFORF., in consideration of these premises, thc sum o£ Ten Dollars ($10.00), and
other good and valuable consideration, the receipt and suflicicncy of which arc hereby mutually
acknowledged, it is agreed by and bctwccr, tile parties as follows:
I. Owner shall grant to Purchaser Easement over, under, upon, and across tile Property in
exchange for tile sum of $5.200.00 as full payment for thc Properly interest taken and for removal or
destruction of landscaping, trees, shrubs, improvemerUs and fixtures, and for any damages resulting to
thc rcmaindcr, if Icss than the entire property ,,vas taken, and for all olher damages in connection ',villi
said Property.
2. Purchaser shall pay Owner tbr above referenced cost by County Warrant.
3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and that,
therefore, said closing shall occur v.'ithin sixty (60) days of thc execution of tile Agreement by
Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver
an easement to Purchaser in a form acceptable to Purchaser.
4. Prior to the closing, Owner shall obtain from Iht holders of any and all liens, encumbrances,
exceptions, or qualifications in and to the Property, tile execution of such instruments that xvill, upon
their recording in tile Public Records of Collier County, Florida, clear any and all encumbrances from
thc Property. Such instruments shall be provided to Purchaser on or before tile date of closing.
5. Conveyance of thc l:'ascmcnt, or any interest in the Property, I)y Ibc Owner is contingent upon
ilo other provisions, conditions, or premises other than those so stated above; and thc written
agreement, including all exhibits attached hereto, shall constitute tile entire agreement nnd
understanding of lhe parties, and there arc no other prior or contemporaneous written or oral
agreements, undertakings, promises, warranties, or covenants not conlained herein.
6. Owuer is aware and understands lhat Ibc "offer" Io purchase represented by this Agreement is
subject to acceptance and approval by Ihe Board of County Commissioners of Collier County, Florida.
7. Owner rcprcsents that lhe Property aud all uses of tile 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 tile Property except as specifically disclosed to the
County; that the Ov,'ncr 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 County, lhat the seller 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 Properly. This provision
shall survive closing and is ,lot deemed satislied by conveyance of title.
8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless tile County
against and from, and to reimburse thc County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralcgal and attorney fees and
expenses whether in court, out of cottrt, iu bankruptcy or administrative proceedings or on appeal),
.. penalties or fines incurred by or asscrtcd against thc County by reason or arising out of the brcach of
owner's representation under Section 7. This provision shall survive closing and is not deemed
satisfied by convcyancc of title.
9. The Purchaser shall pay for all costs of recording the Easement. 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.
I(). If thc ()wncr holds thc I~ropcrty in the Ibrm of a partncrship, limited parmcrsifip,
corporation, trust or any form of rcprescntalivc capacity whatsoever for others, Owner shall make a
written public disclosure, according to Chapter 286, Florida Slatutes, under oath, of lhe name and
address of every person having a hcncficial interest in thc Property before thc Property held in such
capacily is colwcycd 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 WITNESS WttEREOF, thc panics hereto have execuled this Easement Agreement on this
Dated Project/Acquisition Approved by
BCC:
AS TO PURCIfASER:
ATTEST:
DWIGttT E. BP, OGK. Clerk
., Dcp!dfCIcrk
AS TOOWN~:R:"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
liart~t"r~ B. Berr,~;. Chain"'~an xTx ~
ITNFSSFS '
(Signatu,rc) /~
(Printed Name)
Mildred L. Mack
Approved as to fom~ and
legal su flicicncy:
Hcidi F. Ashton
Assistant County Attorney
5111 8TH
D(HIBli' "&" ?~
W. LAHAR EVERS, PLS
PROFESSIONAL LAND SURVEYOR
AVENUE S.W. NAPLES, FLORIDA .'.'53999
SKETCH OF' DESCRIPTION
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