Carl & Elsie KaltenbachZnteroffice Memorandum
TO:
FROM:
Sue Filson, Administrative Assistant
Board of County Commissioners
Lois Nichols, Real Property Specialist T~I~/
Real Property Management Department--,,
16-Jan-98
Transportation Project 60061 (Livingston Rd.)
Easement Agreement/Parcel 528
According to Resolution 96-457, Agenda Item 8.B.3, October 8, 1996, the Board of County
Commissioners approved the purchase of land interests for the captioned roadway project.
The attached Easement Agreement has been executed by the property owner of the subject
parcel of land.
This document has been reviewed by County Attorney staff.
Please complete the document(s) as necessary and return them to my attention.
If you have any questions regarding this matter, please contact me at -8991. Thank you.
Attachment: Easement Agreement (Kaltenbach)
PROJECT: 60061 (Livingston Rd.)
PARCEL: 528 (Kaltenbach)
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between CARL KALTENBACH and ELISE
KALTENBACH (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 "Properly") for a slope and maintenance
easement;
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
($10.00), 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 $500.00 (Five Hundred Dollars) as full payment for
the Property interest(s) taken 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, undedakings, promises, warranties, or
covenants not contained herein.
Easement Agreement
Page 2
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 or' 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 Property, 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 the 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 coud, 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 dosing 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. 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 Easement
Agreement on this c2¢ ¢:x., day of~ ,
Dated Project/Acquisition Approved by
BCC: 96-457, 10/8/96 8.B.3
AS TO PURCHASER:
DATED,.' ~
"' ATTEST:.' 6;.
· ."DWIGHT E.'BROCK, Clerk
· /
.,, : Deputy Clerk
\
BOARD OF COUN'FY COMMISSIONERS
COLLIER COUNTY, FLORIDA
''' Ch~rman'~ ~
Easement Agreement
Page 3
AS TO OWNER:
DATED: //'-
WITNESSES:
Witness' (Sig,oature),/ .-
Name: /-..~, '.r /~,4'¢ Z'o/..,,
(Print)
W,j~ s'~ ~ig n a~'//-
/l~ame: /_,:zZ/,,./4/ _T.
(P,_rint)
Witness (Si§nature)
Name: Z,,,, '.,r ,/~
(Print)
Carl Kaltenbach
833 Coldstream Ct.
Naples, FL 34104
El]se Kaltenbach
833 Coldstream Ct.
Naples, FL 34104
Approved as to form and
legal sufficiengy:
Heidi F. Ashlon
Assistant County Attorney
PROJECT NO. ~'~ (3F')~ /
PROJECT PARCEL NO. .5'2~
FOLIO NO.
SKETCH & LEGAL DESCRIPTION
(NO T A SURVEY)
slope & maintenance easement
The West Fifteen (15) feet Lot 14, 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 Counly, Florida.
SUBJECT
E~'~ung 30 fOOl
LOT NO. 14
15'
Geo~§e R. R±chm°nd, PLS 240~
.Co]]der County Government Complex
3301 E'Tam±am± Tra±l
'Naples-, Fl' 34112
SKETCH riOT TO SCALE