Parcels 519, 817, 819/Highlandsi...RsmI proPerlY Management Dcpartmcnt.
MEMORAN_D_U_M
TO:
1:1>,O51:
DATE:
RE:
SUt:. FILSON. AI)MINISTI?,ATIVL: ASSISTANT
BO,,\I~,D OF COUNT",' ('OMMISSIONERS
\Vihna Ix'erst>il. St.:llior Specialist
Real Property Mamtgcmcnt l)cpartmcnt
February 19, 1998
County Barn Road
Parcel 519.817.&819
\Vith regard to the above rcfcrcnccd project and parcel, attached for the Chaimmn, Barbara B. Berry's
review and execution is an Easement Agreement for Propc~y Owner, Highlands Properties of Lee and
Collier. Kindly sign and date tim Agreement and have Dwight E. Brock attest to the Chaim]an's
signature.
Thc Board of County Commissioners o£ Collier County, Florida approved tile acquisitions bv gill or
purchase Resolution 96-356, [tom 16 D 6, dated August 13. 1996.
Plcasc rclm'n a copy of Iht executed Agreement to thc Real Propcrty Managcn'mcnl Dcpartmcnt for
closing.
Thank you in advance lbr your pronlpt attcntion lo this requcst. Should you have any questions, please
feel free to contact mc at/,~8991.
attachnlcl~l
PROJECT: Counly [lam Road
PARCFL: 519, 817,819
EASEMENT AGREEMENT
Tills EASEMENT AGREEMEN'F (hereinafter referred to as Ibc "Agrccrncnt") is made and
entered by and hctv,'ecn l tighlands I'ropertics of Lee and Collier, [.irnitcd, a Florida lin',ited partnership
f/k/a thfl, schn.lan Associates lad., a Florida limited partrmrsbip, (hereinafter singularly or collectively
referred to as the "Owner"), and COLLIER COUNTY, a politicttl subdivision o1' the State o1' Florida,
its successors and assigns ft.lcrcinafler referred to as the "Purchaser");
\VItEP, F. AS, thc Purchascr rcquircs an Eascn:e. nt ovcr, under, upon and across thc lands
described in Exhibit "A", which is attached hereto and made a part of this Agrccmenl, for sidewalk
construction and maintenance purposes; and
\VItEREAS, tile Purchaser requires an Easement over, under, upon and across thc lands
described in Exhibit "B", which is attached hereto and made a part of Ibis Agreement, for drainage,
utility, and maintcnancc purpose; and
WIIEREAS, the property described in Exhibits "A" and "B" shall hereinafter be referred 1o as
Ihe "Property."
WItEREAS, thc Owner desires to convey ti'lc Easements to thc Purchaser for thc stated purposes,
on Ibc tcnns and conditions scl Ibrth herein; and
\VIIEREAS, thc Purchaser has agreed lo compensate the Owner for tile granting of the
t~asenlC~lls over, under, ti[SOil, and across the Properly.
NO;V TtIEREFORE, in consideration of tbese premises, thc suni of Ten Dollars ($10.00), and
other good ;md ,,aluablc consideration, ibc re.z,.:ipt and sufficJuncy c.f which arc hereby n:t:ttm!ly
acknowledged, it is agreed by ;md hctwcco the parties as follows:
1. Owncr shall grant to Purchaser Easements over, under, upon, and across tim Property irt
exchange for the sum o1' $11.600.00 as £ull payment for thc Properly interest taken and for any
damages resulting to the remainder, if less than the entire propcr~y was taken, and for all other damages
in connection with said Property.
2. l'urchascr shall pay Ov,'ncr for above referenced cost by County Warrant.
3. Both Owner and Purchaser agree that lime is of tim essence in regard to tile closing amt that,
Ihcrcfore, said closing shall occur within sixty (60) days of tile execution of the Agreement by
Purchaser. At closing, Purchaser shall dclivcr iht County \Varrant to Owner anti Owner shall deliver
an easement to Purchaser in a fom.l acceptable to Purchaser.
4. Prior to thc closing, Owner shall obtain I'rom tile holders of any and all liens, encumbrances,
exceptions, or qualifications in anti to thc Property, the cxeculion of such instruments that will, upon
their recording in thc Public Records of Collier County, Florida, clear any and all encumbrances front
thc Property. Such instruments shall be provided to Purchaser on or before thc date of closing.
5. Conveyance of thc I!ascmcms, or any interest in Ibc l'ropcrty, by the Owner is contingent
upon no olhcr provisions, conditions, or prcmis,2s olber I}l:,JI/ iJlOSC SO staled adore; ~lld tile Wrillcn
agreement, including all exhibits attached hereto, shall constitute thc entire agreement and
understanding of the parties, and there are no other prior or contemporaneous written or oral
agreements, undertakings, promises, wt:rrantics, or covenants not contained herein.
6. Owner is a,,vare and undcrslands that thc "offer" to purchase represented by this Agreement is
subject to acceptance and approval hy the Board of Cot,nty Commissioners of Collier County, Florida.
7. Owner represents that the Propcrty and all uses o1' the Property bare been and presently are
in compliance with all Federal, State and l.ocal environmental laws; that no hazardous substances bare
been generated, stored, treated or transferred on the Property except as specifically disclosed to the
County; thai lite Owner has no knowledge of any spill or environmental law violation on any property
contiguous to or in thc vicinity of the Property to be sold to the County, that the seller has nol received
notice and othe~visc has no knowledge of a) any spill on the Property, b) any existing or threatened
enviromncntal lien against thc Property or c) any lawsuit, proceeding or investigation regarding Ibc
generation, storage, trcalrncnl, spill or lransfer of hazardous substances on the Properly. This provision
shall survive closing anti is not deemed satisfied by conveyance of lille.
8. Owner hcrcby agrees thai it shall inclcmnify, defend, save anti hold hamdess the Courtly
against and front, and to reimburse Ihe County wilh respect Io, any and all damages, claims, liabililics,
laws. ct)sis and expenses (including wilhoul limitation reasonable paralcgal and attorney I~cs alld
expenses whether in corm, mit of court, in bankruptcy or administrative proceedings or on appeal).
pcnahics or fines incurred hy or asserted against the ('ounty hy reason or arising out of the breach of
owner's representation under Section 7. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
9. Thc Purchascr shall pay for all costs of recording thc cascmenls. All other costs associated
with this transaction including but not limited to Iransfcr, documcnla~ ami inlangible taxes, amt
recording costs for any curative instruments shall be borne and paid by Owner.
i0. If thc Owner holds lho Property in lh~ Form of a pm~ncrship, limited panncrship,
co~oration, trust or any form of representative capacity whalsoevcr For others, Owner shall make a
written public disclosure, according to Chapter 286, Florida Statutes, under oalh, of Iht name and
address of cvc~ person having a beneficial interest in thc Properly before the Properly held in such
capacity is conveyed lo Purchaser, its successors and assigns (ff dm corporation is registered with the
Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes,
whose stock is fi)r sate lo tim general public, it is hereby excmpl from Ibc provisions of Chapter 286,
Florida Stamlcs.)
II. This Agrccmcnl is governed and construed in accordaocc with thc laws of thc Slate of
Florida.
IN WITNF. SS WIIEREOF, the parties hereto have executed this Easement Agreement on this
____ day o£ , 19__
Dalcd Project/Acquisition Approved by
BCC:
AS TO PI, JRCttASER:
BOARD OF COUNTY COMMISSIONERS
('OI.I.II~R C()tJNTY, FLORIDA
Itarb~rra B, BerrY, 7~
DATED:
V, ITNESS[:S
(S]gnglt,rc}
(~gnalure)
(Printed Name)
By:
By:
By:
~~, general panner
Tcryl Br-.c~ki ffk/a Tcryl [3hyrcnl, general partner
tiarrisoW~'lub~chman, general panner
EXhiBIT "A"
PROJECT NO. 60101
PROJEOT PARCEL NO.
TAX PARCEL NO. , ¢:::~o
· NORTHYrc. sT C~:)¢~IE~R Of' "/~E: W 1/2
OF THE N I/2 OF THE: S 1/2 OF
NE: 1/~t Gr THE: S~ 1/~
COPE LANE
THE w ~/2 0¢ THE: N ~/20¢ THE: S ~/2 O¢. 11~E:
DESCRIPTION OF a SIDEWALK EASEMENT:
THE WEST .3 FEET OF THE NORTH 202 FEET
OF THE FOLLOWING DESCRIBED PARCEl'-
THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 30 FEET
AND THE WEST 50 FEET OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST.
CONTAINING: 606 SQUARE FEET, MORE OR LESS.
SKETCH OF DESCRIPTION
THIS IS NOT A SURVEY
PREPARED BY;
· %, t~,'
WILKI~
ASSOCIATES
CONSULTING ENGINEERS AND SURVEYORS
350~ [XC3-1ANGE: AVE. NAPLES, FLA, 3394.2
(~l) 8,;3-.24o~ tax No. (~) 843--5~73
FILE: g559.ARC 1-18.-96 BAH g55g/50-L-15~
124,-3,0W0
5111
W. LAHAR EVERS, PLS
PROFESSIONAL LAND SURVEYOR
8TH AVENUE S.W. NAPLES, FLORIDA .35999
NOT TO SCALE
.SKETCH OF ,DESCRIPTION
SHEET I OF 1
Horthwest corner of Ihe S. 1/2 of [he
2.1/2 of the NE I/4 of Ihe 5'W I/4 of
Sec. 8. Twp. 50 $., Rge. 26 E.
S. 89'19'13'E.
S. 89'16'5~E.
J
O£SCRIPT~ON OF 40' ~ EASEMENT
The Wear 40.00 feet of the South I/2 of the South I/2 of the Northeast I/4 of the 5outhwest I/4, less the
West 50 feet, of Section 8, Town~hip 50 South, Range 26 East, Collier County, Florida,
Said easement conloinin9 13,508.31 square feet. more or less.
GENERAL NOTES
I~ Sec, Indicate,* Section.
2~ Twp. Indicotee Township.
$~ Rge. indicates Range.
4~ All di~tonce~ ore In feat and c/ec/mol~ thereof.
5) Beoringe' O~ 'baaed on the centerfine of County Born Rood os being S. 0~36'55'E.
?, .., .~1.~.. .
THIS
DRAWN BY: CHECKED BY; AC, AD FILE:
WLE $97P26
IS ONLY A SKETCH
I DATE: J PROJECT:
10/14/94 COUNTY BARN ROAD
IIqLE NO.:
A-O397-2~
N
EXFHBIT "~
PROJECT NO, 60101
PROJECT PARCEL NO.
TAX PARCEL NO. 00'~03~-0000¢/
NOT 1'0 ~CALZ /
i 5o.oo' 37.0'
COPE LANE
THE W I/2 CE THE N 1/2 OF' THE $ 1/2 OF' THC
NE 1/4 OF' THE SW 1/4. OF' SE;C.
-3.0'
--- 4~0.0'
DESCRIPTION OF A CANAL EASEMENT:
THE WEST 40 FEET Of THE SOUTH 106 FEET AND THE EAST 37 FEET OF
THE NORTH 202 FEET OF THE WEST 40 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THE WEST 1/2 OF THE NORTH 1/2 Of THE SOUTH 1/2 OF THE NORTHEAST
1/4 OF THE SOUTHWEST 1/4, LESS THE NORTH 30 FEET AND THE
WEST 50 FEET OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST.
CONTAINING: 11,714. SQUARE FEET, MORE OR LESS.
SKETCH OF DESCRIPTION
THIS IS NOT A SURVEY
11111wlLKISON &::
TES
CONSULTING ENGINEERS AND SURVEYORS
3506 EXCHANGE ^VF.. NAPLES. FLA. 3.3042
(941) 643-2404 FAX NO. (9~1) 6~3-5173
F~LF~ g559.ARC
9559-124.DWG
S AH 9559/50-L- 157