Parcels 135,829,832,835/CookM E M O R A N D U M
TO: Suc Filson. Administrative ,,\ssistant
BOARD OF COUNTY COMMISSIONERS
FROM: Wilma lvcrson cctv'
Senior Property Specialist
Real Property Management Department
RE: Cotmty Barn Road - Parcel 135,829,832 & 835
DATE: July 30. 1998
With regard to thc above rct~rcnccd Project and Parcel, attached Ibr thc Chairman, Ms. Barbara B.
Be~'s review and execution is an Easement Agreement. Kindly sign and date thc Agreement
and have Dxvight E. Brock, attest to thc Chaimmn's signature.
Thc Board of County Commissioners of Collier County, Florida approved thc conveyance in
Resolution 96-356 prcscntcd August 13, 1996Agcndaltcm 16B6.
Plcasc return a copy of thc Agreement lo thc Real Propcrty Managclncnt Department For closing.
Thank you in advance for your prompl attention to this request. Should you have any questions,
please feel free to contact mc at #8991.
attachmenl
PRO.II'X'T: ('otmly B:ml Road
PARCF. I.: 135,829,832,&835
EASEMENT AGREEblENT
Tills F.:\SF. MF. NT AGRFA:.MF. NT (hereinafter referred to tis thc "Agrccnmnt") is made anti
entered by and between David l.. Cook. ;is Successor Trustee under Thc Preserve Land Trust
Agrccmcnt dated January 10, 1997, (hereinafter referred to as Iht "Owner"), and COLLIER COUNTY,
a political subdivision of Iht SI;itc oJ' Florida, its successors and assigns (hcrcinaficr referred to as the
"Pt,rchascr");
WI IER[:.AS, thc Purchascr requires ;ill Easement over, under, upon and across tim lands
described in Exhibit "A", which is attached hereto and made a part of this Agreement, for road right-of-
way, sidewalk, drainage, utility and maintenance puq~oscs; and
W}IEREAS, Iht Pt,rchascr rccluircs ;iii Easement over, under, upon and across the lands
described in ['~xhibit "B", which is altachcd hcrclo and made a part of this Agreement, for drainage,
utility, and mamtcn;mcc purpose; and
\Vft F.P,I'~AS, thc Owner desires to convey thc Easements to thc Purchaser for tile stated purposes,
on Ibc terms and conditions set forth herein: and
Vv'IIF. RF. AS. thc Purchaser has agreed to compensatc thc Owner for thc granting of tile
L:ascmcnls over, under, upon, :md across thc Properly.
NOW TItEREFORE, iii consideration of these premises, tile sum of Ten Dollars ($I0.00), and
olhcr good and valuablc, considcration, tile receipt and sufficiency of which are hereby mutually
acknowlcdgcd, it is agreed by and bctv,'ccn Ibc p;irtics as follows:
I. Owner shall granl Io Purchaser Easements over, under, upon, and across the Property in
exchange for thc sum of $22.2110.f10 as fifll payment tbr thc Property interest taken and for any
damages rcsuhing to thc remainder, if less than thc entire property was taken, a/Id Ibr nil other damages
in connection with said Property.
2. Purchascr shall pay Owner for above referenced cost by County Warrant.
3. Bottl Owner and Purchaser agree that time is of the essence in regard to the closing and that,
thcrclbre, said closing shall occur within sixty (60) days of the execution of the Agreement by
Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver
an cascmcnl Io Purchaser in a Ibrm acccphtblc to Purchaser.
4. Prior to thc closing, Owner shall obtain t~om the holders of any and all liens, encumbrances,
exceptions, or qualifications in and Io thc Property, thc cxeculion of such instruments that will, upon
their recording in thc Public Records of Collier County, Florida, clear any and all encumbrances from
thc Properly. Such instruments shall be provided to Purchaser on or bctbre the date of closing.
5. Conveyance of thc Easements, or any inlcrest in tlc Property, by the Owner is contingent
upon no other provisions, conditions, or premises other than those so stated above; and tim written
agrecmcm, including all exhibits attached hereto, shall conslitutc thc entire agreement and
understanding of thc panics, and there arc no other prior or contemporaneous written or oral
agreements, undc~akings, promises, warranties, or covenants not contained herein.
6. Owner is aware and understands that tim "offfcr" lo purchase rcprescnled by this Agreement is
subject to acccplancc and approval by the Board of County Commissioners of Collier County, Florida.
7. Owner reprcscnls that he has not received any notice Ihal the Propc~y or any uses of the
Property violate any Federal, State or Local environmental laws; that thc 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 soht to ~l~c County, that the Owner has not received notice and othc~visc has no knowledge ora)
any spill on thc Property, b) any existing or threatened environmental lien against the Prope~y or c)
any lawsuit, procecding or investigation regarding Ibc generation, storage, treatment, spill or transfer of
hazardous substances on the Propcrty. This provision shall su~ive closing and is not deemed satisfied
by convey;race of title.
8. The Purchaser shall pay for all costs of recording the cascmcnts. All other costs associatcd
with this transaction inch,ding but not limited to transfer, documentary and intangible taxes, and
recording costs for any curative instruments shall bc borne and paid by Owner.
9. If Ibc Owner holds lhc Properly in tile form of a parlnership, limited pammrsbip, corporation,
tmsl or any ftmn of representative capacily whatsoever Ibr others, Owner shall make a written public
disclosure, according to Chapter 286, Florida .qtatulcs, trader oath, of thc mmm and atldrcss of every
person having a beneficial interest in the Propcrty before the Property hcld itl such capacity is
convcycd to l'urchascr, its successors :md assigns (If thc corporalion is registered with Iht Federal
Securities }ixchangc (7ommission or rcgistcrcd pursaant to Chapter 517, Florida Slatutcs, whose stock
is For sul¢ to thc general public, it is hcrchy exempt from the provisions of Chapter 286, Florida
StalHlcs. )
10. This Agreement is govcmcd and construed in accordance with Ihe laws of' the Stale of
Florida.
IN \VITNF. SS WIIEP, EOF the parties hereto have executed this Easemcnt Agreement on this
day ,
Dated Project/Acquisition
DA TED:_Z~ //[r
ATTEST:
DWIGIIT E. BROCK, Clerk
sl~ature
)(S TO OWNER:
Approved hy
BOARD OF COUNTY COMMISSIONERS
COIJAER COUNTY, FLORIDA
l)avid I.. Cook, Truslee
Approved as to form and
legal sufficiency:
tteidi F~ ~sh~'on
Assistant County Atlorney
PROJECT NO.' 6010)
PROJECT PARCEL NO. . /TJ'~
TAX PARCEL NO. /2,~ _~,=2(~/~¢o~'
DAVIS BOULEVARD ' EXTEHSION"
'STATE
NORTHEAST CORNER OF' THE
Nw I/4 OF NW ~/4 OF
s c.
ROAD' NO. g4I_.
P.O.B.--,
89'57'30' VI
N 89'5T30"
N 45'18'02' 56.91'
DESCRIPTIOH OF RIGHT-OF-WAT
A PARCEL OF LAND LYING tN AND BEING PART OF THE NORTHWEST 1/4
OF THE HORTH¥~ST 1/4 OF SECTION 8, TOV,~,~SHIP 50, SOUTlt, RANGE 26
EAST, COLLIER COUHTY, FLORIDA, MORE PARTICULARY DESCRIBED AS FOLLOWS:
>-
Z
O
.~,,_OMMENCIHC AT THE HORTHEAST CORNER OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 8; TIiENCE ALONG THE
CENIERLINE OF COUNTY BARN ROAD, BEING TlqE EAST LINE OF SAID
NORTHWEST 1/4 OF TIlE NORTHWEST I/4 OF SECTION 8, S 00'58'34" E
75.00' TO AN INTERSECTION ~Tlt TIlE EXTEHSION OF ffltE SOUTH RIGHT-
OF-WAY LINE OF STATE ROAD HO. 84; THENCE ALONG THE SAID RIGIIT-
OF-WAY LINE AND EXTENSION THEREOF, N 89'57'30" W 50.00 FEET TO 1HE
~_g~LLT QF._~[~I. ij~JJ~LQ AND RUNNItlG; 1HENCE S 00'38'34"E 40.00 FEE]; THEHCE
ti 45'18'02" W 56.91 FEET TO A POINT ON TI{E'AFOREMENTIONED SOUTH
RIGHT-OF-WAY LINE OF STATE ROAD NO. 84; THENCE ALONG IlIE SAME
S 89'$7'30" E 40.00 FEET TO THE P_Q. IHT OF BEGIHNII~G.
COHTAIHS BOO S.F. MORE OR LESS
PREPARED BY:
EXHIBIT
xJ/<MES N. W~LKISON. P.L.S.
~,fLA. CERT. NO. 4876
SKETCH OF DESCRIPTION
THIS IS NOT A SURVEY
RE~ASED 9-22-97
FILE: 9559.ZIP
REV1SED 1-30-96 118- 25.OWO
WILKISON &:
ASSOCIATES
I
CONSULTING ENGINEERS AND SURVEYORS
3506 EXCHANGE AVE. NAPLES, FLA. 33942
(941) 643-2404,FAX NO. (941) 643-5173
DATE J FB P(S J DRAWN BY J PROJ./DW(}. NO~
FOLIO ~. 00403~400~ ?~oJ~cc-
W. LAHAR EVERS, PLS
PROFESSIONAL LAND SURVEYOR
5111 8TH AVENUE S.W. NAPLES, FLORIDA 5.3999
NOT 10 SCALE
· SKETCH OF DESCRIPTION
SHEET I OF 1
Northeast comer of the
SW 1/t of lbo NW
of Ssc. 8, T~p. .50
R~e. 26 f.
N,09'41
N ~'4 ~'52'w ~255 00'
DESCRIPTION OF 25' DRAINAGE EASEMENT
7~e £ost 25.00 feet of the North 3/4 of the Southwest I/4 of the Norfhwesl ~/4, tess the East 50 /eof Ihereof,
of Section 8, Township 50 Eoulh, Ron~o 26 E~si, Collier County, Florida.
Sold eosemen( con[oinln9 25,3~2.79 squ~re feet, more or less. ,.
GENERAL'. NOTES ,,
1) S~. lndloa,~es Section.
2) Twp. (~di~[~s' Tp~nship. '
~)1~[I d~etonce~ or~.m feel and dactmale thereof
5~ ,'Beorin~.,ore bo~d~ on'[~he centerline of Couniy Born Rood os bein9 S.0~38'34'E
~oo '~enmcolp No, ..3~65 ~ ~
"' '-, ' .... THIS IS ONLY A
D~WN BY: CHECKEO ~: A~D FI~: DATE: PR~ECT: RLE NO.:
5111
W. LAHAR EVERS, PLS
PROFESSIONAL LAND SURVEYOR
8TH AVENUE S.W. NAPLES, FLORIDA .35999
NOT TO SCALE
.SKETCH OF DESCRIPTION
SHEE-E 1 OF 1
Northeast corner of the
South 1/2 o! Ihs South I/2
of the Northwest t/4 of
1he Norlhwest I/4 of Sec. 8,
Twp. 50 S., Rge. 26 E.
N. 89'45'46'W. 1254.69'
S. 89'4 t'
DESCRIPTION OF 25' DRAINAGE EASEMENT
~le East 25.00 feet of the South t/2 of Ihs South I/2 of the Nodhwesf I/4 of the No~hwest I/4, less the
Eo~l 50 fee~ thereof, of Section 8, Township 50 Sou~h, Range 26 East, Cotller County, ~oddo.
Said easement con[aining 8,434.65 square fee~, more or toss.
GENERA[. NOTES
231 Sec. indicotes Section.
Twp. indicates Township.
Rge. indicates Range.
All distances ore in feet and decimals thereof.
Be.a.rfn~s Or?. based on the cenferline of County Barn Rood os being 5.00'58'3,l'£.
, ,;~, I ,
i , ---:~--
"J'loddo Cs'rtlflc~te No., ~465
,, ,.,. ,,.. ,~ / J EXH: ;IT
,. >,,..... ....,."/. .
~'~i' ' ". ~-~ .~ ' ~ ~
'"'.. THIS IS ONLY A SKETCH
RN ROAD
'~9 7-5
EXFHBI[ '"
SHEET.
PROJECT NO. ~
PROJECT PARCEL NO. 835
TAX PARCEL NO.
EASEMENT DESCRIPTION
SEE SHEET 2 OF 2 FOR SKETCH
A PARCEL OF LAND LYING IN AND BEING PART OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECl~ON 8, TOWNSHIP 50, SOUTH, RANGE 26 EAST, COLUER
COUNTY, FLORIDA, BEING MORE PAR'RCULARY DESCRIBED AS FOLLOWS:
~ AT THE NORTHEAST CORNER OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 OF SAID SECl~ON 8; THENCE ALONG THE
CENTERLINE OF COUNTY BARN ROAD, BEING THE EAST LINE OF SAID
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SEC'RON 8, S 00'38'54" E
75.00' TO AN INTERSEC'RON W1TH THE EXTENSION OF THE SOUTH RIGHT-OF-WAY
UNE OF STATE ROAD NO. 84; THENCE ALONG THE SAID RIGHT-OF-WAY LINE
AND EXTENSION THEREOF, N 89'57'30" W 50.00 FEET TO A POINT ON THE WEST
RIGHT-OF-WAY lINE OF COUNTY BARN ROAD; THENCE S 00'38'34' E 40,00 FEET, TO
THE ~ AND RUNNING; THENCE ALONG THE SAID WEST RIGHT-OF-
WAY LINE OF COUNTY BARN ROAD S 00'.38'34" E 897.31 FEET; THENCE N 8g'45'46"
W 25.00 FEET; THENCE N 00'58'34" W 922.22 FEET; THENCE S 45'18'02" E 35.57
FEET TO THE ~.
CONTAINING: 22,741 SQUARE FEET, MORE OR LESS.
F~LE: 955g. ARC
118-TEXT.DWG
WILKISON &:
A'~SOCIATES
INC. I
CONSULTING ENGINEERS AND SURVEYORS
3508 EXCHANGE A¥1~. NAPLES, FLA. 33942
(g41) 84,3-2404. FAX NO. (941) 843-517,3
1-24.-g6
N
SHEET 2 OF 2
PROJECT
PROJECT PARCEL NO.
TAX PARCEL NO,
NOT TO SCAJ_E
DAVIS BOULEVARD EXTENSION
STATE ROAD NO. 84-
N 8g'57'30' W
S 45~
55.5;
NORTHEAST CORNER OF THE
NV/ 1/~ OF NW 1/,~ OF
SEC. 8-50-26
P.O.C.~
N 8g'57'30' W I
N 89'45'46' W
25.00
Z
O
E
SEE SHEET 1 OF' 2 FOR DESCRIPTION
SKETCH OF DESCRIPTION
THIS IS NOT A SURVEY
RI.E: g55g. ARC
9559-1 ! 8.DWG
PREPARED BY:
WILKISON &
~ASSOCIATES
INC. ~m
CONSULTING ENGINEERS AND SURVEYORS
3506 EXCHANGE AVE. NAPLES, FLA. 33g42
(941) 643-2404. FAX NO. (g41) 64-3-5173