David & Karen NoponenPROJECT: 60061
PARCEL: 519
FOLIO: 24767509503
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between DAVID AUGUST NOPONEN and KAREN LESLIE
NOPONEN, Husband and Wife, (hereinafter referred to as the "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns
(hereinafter referred to as the "Purchaser");
WHEREAS. the Purchaser requires an Easement over, under, upon and across
the lands described in Exhibit "A", which is attached hereto and made a part of this
Agreement (hereinafter referred to as the "Property") for a slope easement and
maintenance of the grade of the fill slope;
WHEREAS, the Purchaser requires this easement for the purposes of
constructing and maintaining the grade of, a fill slope, and maintenance of the roadway
barrier wall adjacent to this easement area;
WHEREAS, the Owner shall be responsible for maintenance of the easement
area including but not limited to maintenance of the vegetation placed or planted in this
slope easement;
WHEREAS, Owner shall be responsible for restoring the surface of the easement
area to its original condition by seeding, sodding or placing landscaping in the
easement area after the County has completed the fill slope;
WHEREAS, the Owner desires to convey the Easement to the Purchaser for the
stated purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Easement over, under, upon, and across the Property.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
(S10.00), and other good and valuable consideration, the receipt and sufficiency of
which are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser an Easement over, under, upon, and across the
Property in exchange for the sum of One Thousand Two Hundred Dollars (S1,200.00)
to be apportioned as follows: Five Hundred Dollars (,$500.00) as full payment for the
Property interest taken and Seven Hundred Dollars ($700.00) in lieu of County-provided
landscaping and for any damages resulting to the remainder, if less than the entire
property was taken, and for all other damages in connection with said Property. 2. Purchaser shall pay Owner for the Easement by County Warrant.
3. Both Owner and Purchaser agree that closing shall occur within sixty (60) days
of the execution of the Agreement by Purchaser. However, Owner agrees that closing
may be extended until such time as any and all liens, encumbrances, exceptions, or
qualifications in and to the Property are properly executed and delivered to the
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 the holders of any and all liens,
encumbrances, exceptions, or qualifications in and to the Property, the execution of
such instruments that will, upon their recording in the Public Records of Collier County,
Florida, clear any and all encumbrances from the Property. Such instruments shall be
provided to Purchaser on or before the date of closing.
5. Conveyance of the Easement, or any interest in the Property, by the 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.
6. 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.
7. 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 County; that the 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 sold to the County, that the seller has not received
notice and otherwise has no knowledge of a) any spill on the Properly, b) any existing
or threatened environmental lien against the Properly 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.
8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless
the County against and from, and to 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 7. This provision shall survive closing and is not deemed
satisfied by conveyance 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.
10. If the Owner holds the Property in the form of a padnership, limited
padnership, 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.)
11. 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 Easemenl
Agreement on this , ''- day of .- . . 19 ;,
Dated Project/Acquisition Approved by
BCC: Ord. 98-29.2/3/98
AS TO PURCHASER:
DATED: ,~.
ATTEST:
DWIGHT E. BROCK, Clerk
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· - , DePuiYC~:ie/k
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s i;:;~Lurc,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BARBARCB. BERRY, C~i~a~7-'::: ':
AS TO OWNER:
DATED:
WITNESSES:
(Signature)
(Printed Name)
~ ~iCnature)/
~Printed Name)
DAVID AUGUST NOPONEN ,/
/
657 Coldstream Court
Naples, Florida 34104
gnaturei
(Printed Name)
~;ignature~)
'%.
Crinted Name)
~57 C61dstream CoUrt
Naples~, Florida 34104
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
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PROJECT NO. ~__
PROJECT PARCEL NO.
FOLIO NO.
(NOT A SURVEY)
slope & maintenance easement
The West Fifteen (15) feet Lot 22, Block B, Briarwood Unit One, according to
the plat thereof, as recorded in Plat Book 18, Pages 40- 42, of the public
records of Collier County, Florida.
SUBJECT
GI~RGI:R RICIIMO~DPI, S 240(,
1.till E TAMIAMI TRAIl,
SKETCH HOT TO SCALE
SKETCHNOr TO SCALE