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Backup Documents 03/28/2017 Item #11E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 IE THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office 3 f-2 i I-7 2. BCC Office Board of County -71-b1/4--\��l��� Commissioners 3\Z%\kk 3. Minutes and Records* Clerk of Court's Office Th -3128(11 3:33PM *Please scan under Golden Gate Blvd. Proj. No. 60145 in the BMR Real Property Folder. Thank you. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robert Bosch,Asst.M ,.,ROW Phone Number 252-5843 Contact/ Department Acquisitions,Transp. ation Engineering Agenda Date Item was March 28th,2017 Agenda Item Number 11.E Approved by the BCC Type of Document Gift&Purchase Resolution Number of Original One Attached (-2Q I a--(-,6 Documents Attached PO number or account DO NOT RECORD number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? Srflmp OK -dies 1.1/4\ 2. Does the document need to be sent to another agency for additional signatures? If yes, Dle f provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. / 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's 01'1Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the a 0 document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. i\i/ii Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 03/28/2017(enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the (' Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 1E MEMORANDUM Date: March 29, 2017 To: Robert Bosch, ROW Coordinator TECM Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Resolution 2017-66: Authorizing the Acquisition by Gift or Purchase of Easements for the Expansion of Golden Gate Blvd from East of Everglades Blvd to East of Faka Union Canal Attached for your records, one original of the document referenced above is attached, (Agenda Item #11E) adopted by the Board of County Commissioners on Tuesday, March 28, 2017. If you should have any questions, please call me at 252-8411. Thank you. 1 1E RESOLUTION NO. 2017- 66 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF THOSE PERPETUAL EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST OF EVERGLADES BOULEVARD TO EAST OF THE FAKA UNION CANAL. (PROJECT NO. 60145.) WHEREAS,the expansion of Golden Gate Boulevard from east of Everglades Boulevard to east of the Faka Union Canal (hereinafter referred to as"the Project"), as part of the Golden Gate Boulevard Project(Project No. 60145), is included in Collier County's Five Year Transportation Work Program; and WHEREAS,plans and specifications have been prepared for construction of the Project; and WHEREAS, construction of the Project will require the acquisition of perpetual easement interests; and WHEREAS, the acquisition of the easements and the construction of the Project within the boundaries depicted in Exhibit "A", attached hereto and incorporated herein, is necessary in order to protect the health, safety and welfare of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: 1. The Board has determined that the expansion of Golden Gate Boulevard from east of Everglades Boulevard to east of the Faka Union Canal as part of the Golden Gate Boulevard Project (Project No. 60145), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. ®, lIE 2. The acquisition of the various easement interests required for the construction of the Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. 3. It is necessary and in the best interest of Collier County for the Board to authorize the acquisition of road right-of-way, drainage and utility easements and a right-of-way and boat ramp easement to enable construction of the Project within the project boundaries identified in Exhibit "A" (attached hereto and by reference made a part hereof), and the County Manager or his designee is hereby authorized and directed to acquire said easements by either gift or purchase. 4. The Board hereby directs the County Manager or his designee to make purchase offers to property owners for the easements required to construct the Project, which offers shall be based upon estimates of the market value of the subject real estate which have been developed by licensed state-certified general real estate appraisers. 5. In view of the differences of opinions between real estate appraisers regarding market value and full compensation to property owners, and in view of the cost of condemnation, the Board hereby authorizes the County Manager or his designee to approve purchases of easements where the property owner has agreed to sell to the County at, or up to twenty five percent (25%) above the County's full compensation estimate, with the maximum approval authority not to exceed $50,000 over the County's appraiser's full compensation estimate, and the Board hereby authorizes the approval and execution of Closing Statements related to said transactions by the County Manager or his designee. Any and all purchases in excess of one hundred and twenty- five percent (125%) of the appraiser's full compensation estimate, or in excess of$50,000 above -Page 2- L. the appraiser's full compensation estimate, whichever amount is the lesser of the two, shall require separate Board approval. 6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of the Project, upon the approval of the Office of the County Attorney as to form and legality, to execute easement agreements and subordinations of utility interests incorporating agreements for reimbursement for additional facilities relocation, in substantially the same form as that Sample Real Property Conveyance Agreement and that Sample Subordination of Utility Interests and Agreement for Reimbursement for Additional Facilities Relocation, attached hereto as Exhibits "B" and"C" respectively and made a part hereof, and/or other documents approved by the Office of the County Attorney to close real estate transactions, where the property owner has agreed to sell to the County at appraised value, or within the parameters stipulated in Paragraph 5 (above). 7. Said authority is delegated by the Board to the extent that such delegation does not conflict with the provisions of Section 125.355, Florida Statutes. 8. The Board hereby authorizes the Finance Department to issue warrants, and/or to make wire transfers, payable to the property owner(s) of record, to title companies and attorneys closing real estate transactions, and to others who may possess an equitable interest in the subject easement parcels in those amounts as shall be specified on a Closing Statement. 9. All title to easement parcels which has been acquired in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, conveyance instruments such as easements, as well as any other instruments that may be required to remove, release or -Page 3- subordinate the lien of any encumbrance on the subject real estate, in order to effect constructive notice of the County's interest in real property. This Resolution, adopted on this day of\-N4:31_,A ., , 2017, after motion, second and majority vote. ATTEST: BOARD 0 C• TY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COL • ' G UNTY, FLORI 11 • Ou1- By: _="t as to Chairman's P NNY TA , CHAI r,�.t :a SAN rignpu'e Only, Approved as to form and legality: Jennifer A. Bel►&.io Assistant County Attorney 'Zj �A Item# Agenda 221. 114_a81 4 Date �! Date g Recd Deputy Cierk -Page 4- EXHIBIT "A" I _ -- . z . _ . . _, 0 ._ U) .r — — — 1VNV3 NOIN n tnIV3 "- l- --I 0 < (0 2 LLJr LI co Z , 2 0 — m z z F- z -- 0 cI LU U. j n ." 0 I litei -1 ,-,-, ci)a Wei*:',:ti'..4LWAT,,,2,<•':,";:, ' -I C.) tt*ACI.....4'• itf/V (3 0 -1 0 LU< ..i'S:,''C',i',4*.W:::•S.;:•:741; .... Z C-)Ili Ce I- CC LLJ <C° ik:L:t;:•''SZ:rle':::' < C,, (.9 0-.2 *::,::: > < LU CI• •--- -I Lii(n — LLI III ce—I J 0 5 It,' cs cc D I— 0< a a 0 0 0 • < Li2 a LLI > 0 I— LU z 1< _i -0 (9 0 Z c0 _ _ LLI (n _ O LU —,', O 0..• .j 1 iclw ___ < w . • w c, c,_ z u_ O 0 _ P I- --4 < C,, -- O < --- -J , . ...._! t 4+ ___ cf 4- 4 ONIfl SONY:19?13An 1 . Mil e EXHIBIT "B" SAMPLE REAL PROPERTY CONVEYANCE AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20 , by and between OWNER NAME, whose mailing address is , (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires (A FEE SIMPLE INTEREST IN - or - AN EASEMENT FOR A PARTICULAR PURPOSE) 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"); and WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS -All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Property to County for the sum of: subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Property conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Property, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Property to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 1v4 yyrS.Xy Page 2 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) (NAME / TITLE OF CONVEYANCE INSTRUMENT) (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Property; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Property including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Property, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all C, (7 Page 3 improvements located within the Improvements and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Property, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Property or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Page 4 Property which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Property and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Property or its intended use by County. (h) The property underlying the Property, and all uses of the said 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 underlying the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Property to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Property; b) any existing or threatened environmental lien against the property underlying the Property; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Property instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from :IL 1 F Page 5 the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Property is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Property in the form of a partnership, limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Property before the Property held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT - Conveyance of the Property, or any interest in the property underlying the Property, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. Page 6 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk , Chairman AS TO OWNER: DATED : Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legality: Assistant County Attorney lE EXHIBIT "C" SAMPLE SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT,entered into this day of ,20_,by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), and [NAME OF UTILITY PROVIDER] (hereinafter referred to as "Utility"). WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for [SPECIFY PURPOSE]; and WHEREAS, the proposed use of these lands for [SPECIFY PURPOSE] will require subordination of the interest claimed in such lands by Utility to the County;and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of-way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit"A",attached hereto and made a part hereof. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving,maintaining and operating a road over,through,upon, and/or across such lands,based on the following: NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK,PAGE The County and the Utility further agree that: 1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit"A",attached hereto and made a part hereof 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. �Irti� 3. The County shall pay for the relocation of existing facilities. In addition,the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to,the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right-of-way. 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA BY: ,Deputy Clerk ,CHAIRMAN Signed,sealed and delivered [NAME OF UTILITY PROVIDER] in the presence of: By: By: Title: Print Name: Print Name: By: Print Name: (Corporate Seal) STATE OF COUNTY OF I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared ,to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as the of and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. 2 b Utility Subordination Agreement 4 7' 1 1E WITNESS my hand and official seal in the County and State aforesaid this_day of ,20_. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial/Commission#(if any): My Commission Expires: Approved as to form and legality: Assistant County Attorney 3 Utility Subordination Agreement b; ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 11 E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. County Attorney Office County Attorney Office 3. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office Y\41() ( \-1 5:(50 5. Executed COPY only returned to: Deborah Farris/GMD-ROW PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Deborah Farris Phone Number X5861 Contact/ Department Agenda Date Item was March 28,2017—Resolution 2017-66 V Agenda Item Number 11E Approved by the BCC (Gift or Purchase Resolution) Type of Document Easement Agreement Number of Original One Attached Documents Attached PO number or account D/N record in the Clerk's"official records" number if document is for r/e conveyances to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? X 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X Needs Clerk's attestation 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. X 4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. X 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. X 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. n/a Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 03/28/2017(enter date)and all changes w made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the A BCC,all changes directed by the BCC have been made,and the document is ready for the- (�/'l/ Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11E Martha S. Vergara From: Martha S.Vergara Sent: Wednesday, April 19, 2017 4:12 PM To: FarrisDeborah (DeborahFarris@colliergov.net) Subject: Parcel 466RDUE; Project#60145 Attachments: Debbie Farris.pdf Hi Debbie, Attached is a scanned copy of the Easement Agreement for your records. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 1 1 E PROJECT: Golden Gate Blvd #60145 PARCEL No(s): 466RDUE FOLIO No(s): Portion of#40870320103 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 17th day of April , 20 17 , by and between RICHARD A. FAUST and CAROLYN A. FAUST, husband and wife, whose mailing address is 6011 Westport Lane, Naples, Florida 34116 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual non-exclusive Road Right-of-Way, Drainage and Utility 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 "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $82,000.00 (EIGHTY-TWO THOUSAND DOLLARS) subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if 1 1 E Page 2 any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. CAO 1 1 E Page 3 If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or lIE Page 4 requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other C 11E Page 5 encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek 1 1 E Page 6 and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED: April 17 , 2017 ATTEST: BOARD 'iF ' • NTY COMMISSIONERS DWIGHT E BROOK;.Clerk COLLIE m•4441 • TY, FLORID j4,4_ - i BY: Uep t" - _rk PENNY T A OR, Chai en Attest as to Chairman's-) signature only. AS TO OWNER: DATED: 7 1(1 /14 it Witness (Signature) RICHARD A. FAUST t°,6rA fir, Na e (Print or Type) A „to ; Wit ss ( gnature) c foal",c rIreAk/'6/7O Name (Print or Type) C 1 1 E Page 7 AS TO OWNER: DATED: � /7 /7 / Witness (Signature) CAROL N A. FAUST 4 ,??% Na e (Print or Type) or itn-ss (SigrSature) c ONj q- fib=ALMA/ Name (Print or Type) Approved as to form and legality: .• • \..-p - Emily Pe. ' Assistant County Attorney Last Revised:08/1/16 — . 3 POINT OF GOLDEN GATE BOULEVARD (CR 876) • 0 282r+00 283+00 284+00 285+00 286+00 287+00 o j / I I. 50' .. ,. ♦��.o1A •��♦ A PROPOSED ROADWAY EASEMENT PARCEL 466 RDUE .. y 9,735 SO. FT. TRACT. 117 ` • § - GOLDEN GATE ESTATES TRACT 100 UNIT 80 PLAT BOOK 5 PAGE 18 TRACT 118 • 8 WEST 165' OF . TRACT 117 I. co ^ 4 BARO ANDERSON `� o OR 3625/3873 OR 4186/88 CD e W m A \----"""4 : o ,I. •• s • , . .......... SQ. FT. SQUARE FEET ORR OFFICIAL RECORDS (BOOK/PAGE) . <X}X PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) • // EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18 • . LEGAL DESCRIPTION FOR PARCEL 466 RDUE . A PORTION OF TRACT 1177 GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE' 28'EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 59 FEET OF THE NORTH 109 FEET OF THE WEST 165 FEET. OF SAID TRACT 117. CONTAINING 9,735 SQUARE FEET, MORE OR LESS. d TECM- ROW FEB 0 1 2010 ,4,.0.------- 0 '40 BO 160 BY: SKETCH & DESCRIPTION ONLY I ICHAEL A,WARD,PROFESSIONAL SURVEYOR&MAPPER FLORIDA REGISTRAR CERT ICA�TE NO.5301 NOT A BOUNDARY SURVEY SCALE:1"=6O' SIGNING DATE: /(J FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL GNATU E&RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SU EYOR AND MAPPER. GOLDENGATE BOULEVARD TIT TA�O' . SKETCH Sc DESCRIPTION OF: PROPOSED ROADWAY EASEMENT (CONSULTING [IQ Boginemog AL L I Il A. Surveying&Mapping PARCEL 466 RDUE 6610 Willow Park Drive,Suite 200 COLLIER COUNTY, FLORIDA Naples, F X:1 Phone:(239)597-0557575 FAX:(233 9)597-0578 ..LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE - DATE DRAWN BY FILE NAME-. SHEE ID 050217.00.01 0001 REV 01 5 49 28 1" = 80' DEC. 2009 D.W.J. SK 466 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO u E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through/12 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office 11 11 4. BCC Office Board of County Commissioners Nr. 4)i c\ \—\ 5. Minutes and Records Clerk of Court's Office RC(N 051cjI r1 3:50prn Executed COPY only returned to: Karen Dancsec/GMD-ROW PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-580 Contact/ Department Agenda Date Item was 03/28/2017 Agenda Item Number 11.E Approved by the BCC Type of Document Easement Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? `���rc. 0 � ,rfir Cp. 2. Does the document need to be sent to another agency for additional signatures'?. If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be XD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the XD document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's XV signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on--94340+6. and all changes made during the meeting have been incorporated in the attached document. The County KD Attorney's Office has reviewed the changes,if applicable. 31:22I1 7 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the k../ / Chairman's signature. Please scan under BMR Real Property—60145 Golden Gate Blvd—Parcel 417RDUE I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 lIE Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, May 03, 2017 9:03 AM To: 'KarenDancsec@colliergov.net' Subject: Easement Agreement Project#60145 (Parcel 417RDUE) Attachments: Parcel 417RDUE.pdf Hi Karen, A copy of the Easement Agreement for the above referenced project (3-28-17 13CC Meeting — Itevvt #11E) is attached for your records. The agreement has beevt scanned in i•3MR's Real Property Folder under Project #%0145/Parcel 417RDUE Thank you and have a great day! Avtvt Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 23g-252-8406 Fax .2-3 9-2-52-8408 1 1 1 E PROJECT: 60145 - Golden Gate Blvd PARCEL(s): 417RDUE FOLIO(s): 40685040005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of 41:11 , 2017, by and between MANUEL ALADRO, whose mailing address is 3411 Golden Gate Blvd E, Naples, FL 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires 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 "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $76,200.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Page 2 of 6 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right of Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap"Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as"Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit �cr�o 1E Page 3 of 6 Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to effective date of this Agreement. lIE Page 4 of 6 (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the 1 1 E Page 5 of 6 instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES -There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. Co 11E Page 6 of 6 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED: 5-5 30 ATTEST: BOARD 0 •UNTY COMMISSIONERS ^DWIGHT E. BROCK, Clerk COLLI:' e d NTY, FLORID • V + '"� �;�d �-� BY: tgril ,... 4 De m Clerk PENNY T OR, CHA AN hest as to Chairman signature only, AS TO OWNER: DATED: 41/a-J—/7 Witness (Signature)� MANUEL ALADRO /4,9 e-- X S`) Name (Print or Type) ftn (Signature) 5",A./371.42 Name (Print or Type) Approved as to form and legality: Item# �- A,7enda LZ„�,Q—I� Assistant County Attorney Date —�—"= Date C� .�,d5 ..r. Last Revised:06/23/15 ;lo�`� +� `CAO , _ 1 1 E 1 1 ,1 l EXHI IT Page of__,L___ ' DIAZ I WEST 105' OF' OR .3659/485 TRACT 6.3 I ANEIROi 1 MOYERS OR 4070/2642 OR 3924/1753 i i ' i i i TRACT 46 TRACT 63 TRACT 64 GOLDEN GATE ESTATES j UNIT 77 PLAT BOOK 5 PAGE 15 { Ii W -—:F�-'-E PROPOSED ROADWAY EASEMENT S PARCEL 417 RDUE 2000 SO. FT. 1 } I 2451 00 { 2gi IBJ fl,/{ /�z47+o0 249+00 249.• • 250+oU • GOLDEN GATE BOULEVARD (CR 876) I I I I I OR OFFICIAL RECORDS (BOOK/PACE) Ii411il PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT (RDUE) I EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL �' .tl USE OF THE PUBUC PER PLAT BOOK 5, PAGE 15 LEGAL DESCRIPTION FOR PARCEL 417 RDUE A PORTION OF TRACT 63, GOLDEN GATE ESTATES, UNIT 77 AS RECORDED IN PLAT BOOK 5, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 20 FEET OF THE SOUTH 70 FEET OF THE WEST 105 FEET OF' SAID TRACT 63. CONTAINING 2,100 SQUARE FEET, MORE OR LESS. 0 40 BO 100 0T: SKETCH & DESCRIPTION ONLY i MI VAR.PROFESSIONAL SURVEYOR 4:MAPPER .—._I ttomw REc1sTRAtaN E N 5.701 NOT A BOUNDARY SURVEY acus:i•-oo' S°" °t7f �A D� Or FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AOfLORIDA REFASTEREEOUT D PROFESSIONAL Si E RRAISED MAPPER 5�1 GOLDEN GATE BOULEVARD T7'A TA l et®L� SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT i NS t:j i aril Easineociag PARCEL 417 RDUE 6510 Mao ParkDrNI,Sena 700 COLLIER COUNTY, FLORIDA Phone:I2391 575 FaAX(209)597.0578 W Na:6952 JOB NUMBER REVISION SECTION TOWNSHIP' RANCE SCALE DATE DRAWN BY FILE NAME SHEET 050217.00,00 0007 5 49 28 1" = 80' FEB. 2008 S.D.L. UN77 SH417 1 OF 1 { 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUl Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. County Attorney Office County Attorney Office \-\ v s/s% ¶2V-\ 3. BCC Office Board of County 1'Tt3y Commissioners s/` sZt 4. Minutes and Records Clerk of Court's Office t3 L i 1 1 stain 5. Executed COPY only returned to: Deborah Farris/GMD-ROW PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Deborah Farris Phone Number X5861 Contact/ Department 1)Agenda Date Item was March 28,2017—Resolution 2017-66 Agenda Item Number 11E Approved by the BCC (Gift or Purchase Resolution) Type of Document Easement Agreement Number of Original One Attached Documents Attached PO number or account D/N record in the Clerk's"official records" number if document is for r/e conveyances to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? S11 (t 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X Needs Clerk's attestation 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. X 4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. X 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. X 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. n/a Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! - 8. The document was approved by the BCC on 03/28/2017(enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the �/ 1 BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 lE Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, May 03, 2017 2:59 PM To: Farris, Deborah Subject: Easement Agreement Project#60145 (Parcel 472RDUE) Attachments: Parcel 472RDUE.pdf Hi Debbie, A copy of the Easement Agreement for the above referenced project (Authorizatiovt 3-28-17 13CC Meeting — Itevvt #11E) is attacked for your records. The agreement was scanned iv. 13MR's Real Property Folder wilder Project #60145/Parcel 472RDUE Thavtk you and have a great day! AMA Jevwtejohvt� Deputy ut Clerk � Clerk of the Circuit Court Clerk to the Value Adjustwtevtt 13oard Collier County 13oard Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 lIE PROJECT: Golden Gate Blvd #60145 PARCEL No(s): 472RDUE FOLIO No(s): Portion of#40870360008 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this `'' day of t >.. , , 20 , by and between MICHAEL RICHARD BORN and MELISSA JEAN BORN, husband and wife, whose mailing address is 4040 Golden Gate Blvd E., Naples, FL 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual non-exclusive Road Right-of-Way, Drainage and Utility 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 "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $18,200.00 (EIGHTEEN THOUSAND TWO HUNDRED DOLLARS) subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if liE Page 2 any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. lIE Page 3 If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or lIE Page 4 requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other lIE Page 5 encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek lIE Page 6 and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED: April 1 1 , 2017 ATTEST: BOARD •F : NTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIE' ' O ITY, FLORID Attest as to Chai ty Clerk PENNY TA/1"/AV , Chair rmidiePu signature only. AS TO OWNER: DATED: `- - \1 A Wit ess (Signature) MICHAEL RICHARD BORN Name (Print or Type) Witness (Signature) Name (Print or Type) item# Agenda • Date Date Reed � puty e liE Page 7 AS TO OWNER: DATED:' V \\C\ (N,c(,--- 44‘.. ‘61-\ c Witness ( ignature) MELISSA JEAN BO Name (Prinro Type) Witness Signature) a -q-ic k Ori° ig-iN Name (Print or Type) Approved as to form and legality: Emily Pepin Assistant County Attorney Last Revised:08/1/16 t1E sl _ GOLDEN'GATE BOULEVARD (CR 876) • a• 85+00 286+00 287+00288+00 289+00 290+00 29 I I i I I 1 1 I . y I I • • SOUTH LINE OF / / POINT OF E NORTH 50' OF J `COMMENCEMENT • i TRACT 118 L7 _ ♦•♦♦♦ ♦�'BEGINNING) 9 0.4. L J s 1L3 # LS f PROPOSED ROADWAY EASEMENT € PARCEL 472 RDUE 4,645 SO. FT. WEST LINE OF �—EAST LINE k EAST 105' OF ____.7• TRACT 118 5 TRACT1118 • TRACT 117 TRACT 118 GOLDEN GATE ESTATES EAST 105' OF' TRACT 135 UNIT 80 TRACT 118 T PLAT BOOK 5 PAGE 18 • • MOORE I BERGGREN & . o OR 3229/2814 COGBILL OR 3245/1427 VILLAMIZAR, • MINZEY, MINZEY, VILLAMIZAR & MINZEY & MINZEY VILLAMIZAR OR 3827/3306 OR 4368/1301• •• 8 N .." --1-1 o\ W =.� • M- ,r • . • • W 3 s . • . • LINE TABLE LINE BEARING' • LENGTH ' I L1 SOO'29'16"E 50:00' SQ. FT. SQUARE FEET L2 S00'29'16"E 44.00' W a. OR OFFICIAL RECORDS (BOOK/PAGE) L3 S89'30'S3"W 100.00' .• L4 500'29'16"E 5.00' • I _ 4 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) L5 :S89'30'53"W 5.00' rr EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL L6 N00'29'1'6"W 49'00' • I/f// USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18 L7 N89'30'5.3"E ' 105.00' • • LEGAL DESCRIPTION FOR PARCEL 472 RDUE • A PORTION OF TRACT 118, GOLDEN GATE ESTATES, UNIT SO AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE • PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 118; • THENCE S.00'29'16"E., ALONG THE EAST UNE OF SAID TRACT 118, FOR 50.00 FEET TO A POINT ON THE SOUTH. LINE • OF THE NORTH 50 FEET OF SAID TRACT 118 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL , THENCE CONTINUE S.00.29'1 6"E., ALONG SAID EAST LINE, FOR 44.00 FEET; • THENCE S.89'30'53"W., FOR 100.00 FEET; • THENCE S.00'29'16"E., FOR 5.00 FEET; . . • THENCE S.89'30'53"W., FOR 5.00 FEET TO A POINT ON THE WEST LINE OF THE EAST 105 FEET QF SAID TRACT 118; THENCE N.00'29'16"W'., ALONG SAID WEST LINE, FOR 49.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 50 ;i FEET OF SAID TRACT 118;' THENCE N.89'30'53"E., ALONG SAID SOUTH LINE, FOR 105.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. . • • CONTAINING 4,645 SQUARE FEET, MORE OR LESS. TECM -ROW ' FEB 0 1 2010 0 40 60 160 SKETCH & DESCRIPTION ONLY r , MICHAEL A.WARD,PROFESSIO SURVEYOR&MAPPER FLORIDA REGISTRATIO No.s301 NOT A BOUNDARY SURVEY SCALE:1'—so' SNRANG GATE:'` FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SI ATUR RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR ALSO MAPPER. • • GOLDEN GATE BOULEVARD • • DX T n'0.Itzlii. , SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CONSL LLTXNO CivlEngixmag . Z\I IA. 1 Setveyiog Jc Mep)sog: PARCEL 472 RDUE 6610 VR9ow Park Drive,Su6a zoo Naples,Florida 34109 ' COLLIER COUNTY. FLORIDA ' Phone:(239)597-0575 FAX:(239)597-0576. • LBMo � JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET ) 050217.00.01 0001 REV 01 5 49 28 1" = 80' DEC. 2009 D.W.J. SK 472 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD) OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Che completed routing slip and original documents are to be tornarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. County Attorney Office County Attorney Office 5 ft hi 3. BCC Office Board of County 71A-- Commissioners / S\gk1r 4. Minutes and Records Clerk of Court's Office Tic)1/4_ 3: lSivr) PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson Phone Number 252-5880 Contact/ Department Agenda Date Item was March 28,2017 Agenda Item Number 11E Approved by the BCC Type of Document Easement Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) ),pplicable) 1. Does the document require the chairman's original signature? Imp/Ir') 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X Needs Clerk's attestation 3. Original document(s)has/have been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. X 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. X 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. X 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on March 28,2017(enter date)and all X N/A is not changes made during the meeting have been incorporated in the attached document. an option for The County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC,all changes directed by the BCC have been made,and the document is ready for - option for Chairman's signature. Ap,'.{ Please scan under Golden Gate Boulevard No. 60145 in the BMR Real Properly-Ecticler:"Thank you I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 lIE MEMORANDUM Date: May 10, 2017 To: Sonja Stephenson, Property Acquisition Specialist Transportation Eng. & Const. Mgmt. From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Easement Agreement— Project #60145 Parcel: 428RDUE Portion of Folio #40862720009 Attached is a copy of the agreement referenced above, (Agenda Item #11E) approved by the Board of County Commissioners on Tuesday, May 9, 2017. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 1 1E PROJECT: Golden Gate Blvd - 60145 PARCEL No(s): 428RDUE FOLIO No(s): Portion of 40862720009 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this .:r / day of /4}tel i/ , 2017, by and between MARILEIDY DIAZ, a single woman and CARLOS PEREZ, a single man, as joint tenants with the right of survivorship, and not as tenants in common, whose mailing address is 3480 Golden Gate Blvd. E, Naples, Florida 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual non-exclusive Road Right-of-Way, Drainage and Utility 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 "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $38,600 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if Page 2 any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. C liE Page 3 If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or C 1 ..1. E 1 Page 4 requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other i 1°` ;A. L.. Page 5 encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek lIE Page 6 and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED: 0/Oil"3- ATTEST: BOARD OF 4UNTY COMMISSIONERS DWIGHT E. BR K,,Clerk COLLIE; 0 TY, FLORID r BY: /�LA,11.r/ ..�.� _ .A A st as to Cis ►r Clerk PENNY T Ai `, Cham' signature oll AS TO OWNER: DATED:A/44 I l O) 7 ,,,,� P itness (Signature) MARILE1 Y,IAZ ame (Print or Type) cio,47)&, it s ( lgnature) Vae.(64/ 7-611,4k-Z-' C Name (Print or Type) item# 67 I Agenda 3 Ia`S ! Date j Recd Date00 i Deouty Clerk 1 iE Page 7 4 1 Wi ness (Signature) CARLOS PEREZ f , 4I # ► N.m,1e (Print or Type) 1 i 1ness (Signature) 4 ,,,,-.41,,c7i&�I/i -Y Name (Print or Type) Approved as to form and legality: 666j Assistant unty Attorney Last Revised:08/1/16 CAO , 1 lE ,, 1, GOLDEN GATE BOULEVARD (CR 876) 248+00 249+00 250+00I 251+00 I 252+00 ' 253+00I I I 171 ://70/ i 0 ` . it IIe i f PROPOSED ROADWAY EASEMENT PARCEL 428 ROUE ExHiBiT 1225 SO. FT. 1 age---1-..amwmaC I 81 TRACE 10 TRACT 27 TRACT 28 GOLDEN GATE ESTATES UNIT 80 PLAT BOOK 8 PAGE 18 F WEST 75' OF EAST 180' OF HERRERA TRACT 27 CREPSO, HERRADA j SR 1951/219• & HERRARA OR 4418/3621 ESTANISLAO DIAZ & PEREZ I OR 3364/1131 •R 4424/2875 0 3 N WE S OR OFFICIAL RECORDS (BOOK/PAGE) SQ. FT. SQUARE FEET I ����Ai PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) TEcM-ROW r///// USE TOF THEA PUBLIC PERE PLAT BOOK E5, PAGE THE 8 ERPETUALD 0 1 2010 i LEGAL DESCRIPTION FOR PARCEL 428 RDUE I A PORTION OF TRACT 27,GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 43 FEET OF THE NORTH 93 FEET OF THE WEST 75 FEET OF THE EAST 180 FEET OF SAID TRACT 27. I CONTAINING 3,225 SOUARE FEET, MORE OR LESS. I 0 40 80 180 • SKETCH & DESCRIPTION ONLY I MICHAELA WARD,PROFESSIONAL SURVEYOR A MAPPER FLORIDA REOISTRA TE NO.5301 I NOT A BOUNDARY SURVEY SCALE:r=Bo' 51005 0 0A1 i RASED EMBOSSED SEAL OF NOT VALID WITHOUT THE ORIGINAL FOR; COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED SURVEYOR ANO MAPPER. i '. GOLDEN GATE BOULEVARD MG 1`IjA Mobs Viallsotioa SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT £031 .i. a 71•tAEFP1i•B PARCEL 428 RDUE 5010PRAlwPerkDrive,BWe200 Naples.%DOR 54108 COWER COUNTY, FLORIDA Phone:12391597-0575 FAX:(239)5979576 L8 No.:6952 I JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE I DRAWN BY 1 FILE NAMEI SHEET 050217.00.01 0001 REV 01 5 49 28 1" = 80' DEC. 2009 D.W.J. SK 428 1 OF 1 11:::)I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to he foncarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. County Attorney Office County Attorney Office ' 3. BCC Office Board of County 17 Commissioners / +\\". 4. Minutes and Records Clerk of Court's Office 090 3 ;tsppi 5. Executed COPY only returned to: Deborah Farris/GMD-ROW PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed 'n the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Deborah Farris Phone Number X5861 Contact/ Department Agenda Date Item was March 28,2017—Resolution 2017-66 Agenda Item Number 11E Approved by the BCC (Gift or Purchase Resolution) Type of Document Easement Agreement Number of Original One Attached Documents Attached PO number or account D/N record in the Clerk's"official records" number if document is for r/e conveyances to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 7X 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X Needs Clerk's attestation 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. X 4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the fmal negotiated contract date whichever is applicable. X 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. X 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. n/a Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 03/28/2017(enter date)and all changes ` „ made during the meeting have been incorporated in the attached document. The L/vj1`' County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 lE MEMORANDUM Date: May 10, 2017 To: Deborah Farris, Property Acquisition TECM Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Easement Agreement for Project: Golden Gate Blvd. #60145 Parcel: 451RDUE Portion of Folio: #40689320006 Attached for your records is a copy of the document referenced above, (Agenda Item #11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017. The original agreement will be held in the Minutes and Records Department in the Board's Official Records. If you have any questions, please call me at 252-8411. Thank you. Attachment PROJECT: Golden Gate Blvd #60145 PARCEL No(s): 451 RDUE FOLIO No(s): Portion of#40689320006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 20th day of April , 2017 , by and between LUIS E. SOTO, joined by his wife, YAMILE HERRERA DIAS, whose mailing address is 3767 Golden Gate Blvd E, Naples, FL 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual non-exclusive Road Right-of-Way, Drainage and Utility 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 "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $4,300.00 (FOUR THOUSAND THREE HUNDRED DOLLARS) subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if CAO Page 2 any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. lE Page 3 If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or Page 4 requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other CAO Page 5 encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek 1 ,,,L, <„., L: Page 6 and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED:April 20, 2017 ATTEST: BOARD o F ' :UNTY COMMISSIONERS DWIGHT E BROCK, Clerk COLLIE" • • TY, FLORID tQ BY: // r i, ;gist.ascto C ai Deputy Clerk PENNY T AirOR, Cha', i :n AS TO OWNER: glyo /a-vi7 DATED: / (-- Wit ss (Signature) LUIS E. SOTO /oti4iz p Nam- (Print or Type) ;/ L 1 - Witne s ( •nature) ,lx/404 :47 PNS:N.S ovi (Print orType) NameT e Yp ) ; Item# � L Agenda 3 km 1 I I Date Date 0) I,� Reed Deriity Clerk lIE Page 7 AS TO OWNER: DATED: 04/#04701 4 (?7;e4.4.„..-0 "4 Witness (Signature) YAMILE HERRERA DIAS Name (Print or Type) C, e------- ( e., itn ss (Si iature) (fONM (ITSP/IF/USOA/ Name (Print or Type) Approved as to form and legality: Emil $iifl Assisfan ounty Attorney Last Revised:08/1/16 I .,. , . liE , , ,i 1 I 1 I 1 A I EXHIBIT Page_:„...„_.,,' 1 1 I WEST 150' OF BUTS TRACT 115 OR 2950/2685 CHAMBERS , OR 3065/1782 1 TRACT 117 TRACT 118 TRACT 135 GOLDEN GATE ESTATES UNIT 77 , PLAT BOOK 5 PAGE 15 W E I PROPOSED ROADWAY EASEMENT i S PARCEL 451 ROUE 3.000 SO, FT. 9 5D. I 268+00 69+90/ 27,940d a 271+00 272!700) 273+00} GOLDEN GATE BOULEVARD (CR 878) I OR OFFICIAL RECORDS (BOOK/PAGE) EPROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) ,, EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 15 LEGAL DESCRIPTION FOR PARCEL 451 RDUE A PORTION OF TRACT 118. GOLDEN GATE ESTATES, UNIT 77 AS RECORDED IN PLAT BOOK 5, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 20 FEET OF THE SOUTH 70 FEET OF THE WEST 150 FEET OF SAID IRAC T `18. CONTAINING 3,000 SQUARE FEET. MORE OR LESS. (g/ / 0 40 tKi 160 , IF.�� � ll•/ ___...._ � e�wEl �fi.ux AS unnEroR 1 wu+vER SKETCH & DESCRIPTION ONLY _ nDRIDA.rust cLR ND 5>D1 NOT A BOUNDARY SURVEY SCALE:1..'=60' m07.90 DAT` ,.� ; D NOT VAUD wITNOUT THE DRICINAL S T E O RAISED EMPD55ED SEAL OF FOR; COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSIONAL SU R AND MAPPER EN OULEVARD SKETCH &ADESCRIPTIONN OF: PROPOSED ROADWAY EASEMENT TINZ� tirtomAagirroappas PARCEL 451 RDUE 6510 Willow Para Dove.SAM 200 Napiw.Florida 34109 COLLIER COUNTY, FLORIDA Phone:(209)597-0575 FM:(239)5974579 U5 No.:6052 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET (750217.00.00 0007 5 49 78 1' = 80' FEB. 2008 S.D._. UN77 SK451 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. County Attorney Office County Attorney Office �^ 5I( 1 r-1 3. BCC Office Board of County �� S�,Z Commissioners \�—\ 4. Minutes and Records Clerk of Court's Office � s-� 1•2"I/1— 5. Executed COPY only returned to: Deborah Farris/GMD-ROW PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Deborah Farris hone Number X5861 Contact/ Department Agenda Date Item was March 28,2017—Resolution 2017-66 Agenda Item Number 11E Approved by the BCC (Gift or Purchase Resolution) Type of Document Easement Agreement(60145-447RDUE) Number of Original One Attached Documents Attached PO number or account DN record in the Clerk's"official records" number if document is for r/e conveyances to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) A e) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X Needs Clerk's attestation 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. X 4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. X 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. X 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. n/a Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 03/28/2017(enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 liE MEMORANDUM Date: May 12, 2017 To: Deborah Farris, Property Acquisition TECM Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Easement Agreement for Project: Golden Gate Blvd. #60145 Parcel: 447RDUE Portion of Folio: #40689280007 Attached for your records is a copy of the document referenced above, (Agenda Item #11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017. The original agreement will be held in the Minutes and Records Department in the Board's Official Records. If you have any questions, please call me at 252-8411. Thank you. Attachment 1 1 E PROJECT: Golden Gate Blvd #60145 PARCEL No(s): 447RDUE FOLIO No(s): Portion of#40689280007 1 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 9th day of May , 2017, by and between MOHON GIDHARRY and CARMIN GIDHARRY, husband and wife, whose mailing address is 4011 Northlight Drive, Naples, FL 34112-5019 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual non-exclusive Road Right-of-Way, Drainage and Utility 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 "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $3,700.00 (THREE THOUSAND SEVEN HUNDRED DOLLARS) subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if �1k.4 Page 2 any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap"Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. • Page 3 If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or liE Page 4 requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other C 17. lIE Page 5 encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek 1 :max 1 Page 6 and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED: May 9, 2017 ATTEST: BOARD OF '; NTY COMMISSIONERS DWIGHT E. BR,QCKc,Clerk COLLIE" O . TY, FLORID C C � ) — BY: / iLk.'. 9--ti" �ttt as to + 1rlTuty Clerk PENNY T R, Chai n signature only. ti AS TO OWNER: DATED:o S-- ° 7 - -; t cit Wi ess Signature) MOHON GIDHARRY AMA t ITr'/°fENJ,I✓ _ Name (Print or ype , 4:/ ) -,/e. Witness (Signature) /) ,,4 ui/-/i5 Name (Print or Type) C) 1 1 E Page 7 AS TO OWNER: DATED: . g� �, rt it it '-ss ( gnature) CARMIN GIDHPARRY A .I7EIVIEWJDA7 Name(Print or ype Witness (Signature) klered Ar-r/7:5- Name (Print or Type) Approved as to form and legality: ily Pe• n Assistant •unty Attorney Last Revised:08/1/16 __...... _ 1.. 1E 1 i 1 1 LINE TABLE _._�_.�_ _..; LINE BEARING LENGTH I Lt NO0'29'45"W 50.00' L2 55530`53"W 330.02' I L3N09'29.53"W 30.00' L4 I N89'30'53"E 1, 120.00'�j L5 I 500129'57°E 10.00' '� L6 N59'3Q'53'E 210.D2' L7 , � 500'23'45"E 20.00' 1 i OR207G4R1 150 E)CH IBIT Page_i_ _of / , I I TRACT 100 TRACT 117 ; TRACT 118 GOLDEN GATE ESTATES UNIT 77 EAST LINE OF PLAT BOOK 5 PAGE 15 TRACT 117^,\ ,,,WEST LINE OF TRACT 117 N I I W -- E PROPOSED ROADWAY EASEMENT PARCEL 447 RDUE 5 f 7,800 SO. FT. t L4 ,n f` L2 POINT OF_ _.� `„^��• .W .. F INCRiN LNC OF BEGINNING _ 50' SOUTN 50' 0P ,....1 TRACT 117 265+00 266*00 I 267+00 268+Ov 69+00 270+00 4-1.1—.. 1 , --r— F --- GOLDEN GATE BOULEVARD (CR 878) Nj POINT OF ( I COMMENCEMENT) OR OFFICIAL RECORDS (BOOK/PAGE) PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) 7-1EXISTINGROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 15 LEGAL DESCRIPTION FOR PARCEL 447 RDUE A PORTION OF TRACT 117, GOLDEN GATE ESTATES, UNIT 77 AS RECORDED IN PLAT BOOK 5, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF TRACT 117; THENCE N.00.29'463"W., ALONG THE EAST LINE OF SAID TRACT 117, FOR 50.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50 FEET OF SAID TRACT 117 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE 5.89'30'53"W., ALONG SAID NORTH LINE, FOR 330.02 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 117; THENCE N.00.29'53"W., ALONG SAID WEST LINE, FOR 30.00 FEET; THENCE N.89'30'53"E., FOR 120.00 FEET; THENCE S.00'29'57"E., FOR 10.00 FEET; THENCE N.59.30'53"E., FOR 210.02 FEET TO A POINT ON THE EAST LINE OF SAID TRACY 117; THENCE S.00.29'45''E., ALONG SAID EAST LINE, FOR 20.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING 7,800 SQUARE FEET, MORE OR LESS. `£ i f 0 40 8A i!!}q Uv • � M F 'aYu 0. '�UFE3tr%.)(MAWR 4 WPW;. SKETCH & DESCRIPTION ONLY �.,.�,,,, y,_..,.....,,.bu—..,. r,�"",iinn ,4a,i,w.+rw er!rlwayM wt NOT A BOUNDARY SURVEY SCALE. I'-8Q' J't 1D FOR: COLLIER COUNTY GOVERNMENT BOARD UF COUNTY COMMISSIONERS A,LanpA rFcfrLTC O OKa foUNAL r'WIN''IM ASO*W8941M:0 E W GOLDEN GATE BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT , IAMPTINIWrie maw* PARCEL 447 RDUE 55+8 mbw Perk Drive,SJIM 200 Naps*,Ronda 54109 . COLLIER COUNTY. FLORIDA Phonic1238)597.0975 PAS(0391887.0578 LB No.:8952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME 1 SHEET { 050217.00 00 0007 REV#1 5 49 28 _ 1" = 50' FEB 2008 S.O,L. UN77 SK447 1 OF 1Chl) 1 I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. County Attorney Office County Attorney Office 511 3. BCC Office Board of County Commissioners / 5\`b \--s\ 4. Minutes and Records Clerk of Court's Office s1l6J11- 3: fcq 5. Executed COPY only returned to: Deborah Farris/GMD-ROW PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Deborah Farris Phone Number X5861 Contact/ Department Agenda Date Item was March 28,2017—Resolution 2017-66 Agenda Item Number 11E Approved by the BCC (Gift or Purchase Resolution) Type of Document Easement Agreement(60145-45ORDUE) Number of Original One Attached Documents Attached PO number or account D/N record in the Clerk's"official records" number if document is for r/e conveyances to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? Xr c2 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X Needs Clerk's attestation 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. X 4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's sign.• • .. • •.. •-en entered as the date of BCC apprqvalt o, the document or the mal ne.oti. •, ontr.c •ate whichever is applicable.l'r€ W.C1.'01; trAl X 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. X 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. n/a Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 03/28/2017(enter date)and all changes OP during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for t• y^o�/ Chairman's signature. C ' I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 1 E MEMORANDUM Date: May 16, 2017 To: Deborah Farris, Property Acquisition TECM Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Easement Agreement for Project: Golden Gate Blvd. #60145 Parcel: 450RDUE Portion of Folio: #40867880009 Attached for your records is a copy of the document referenced above, (Agenda Item #11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017. The original agreement will be held in the Minutes and Records Department in the Board's Official Records. If you have any questions, please call me at 252-8411. Thank you. Attachment IE 1 4. PROJECT: Golden Gate Blvd #60145 PARCEL No(s): 45ORDUE FOLIO No(s): Portion of#40867880009 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this A,)-- day of M , 20 , by and between MARTA GONZALEZ, a single woman, whose milting address is 3760 Golden Gate Blvd E, Naples, Florida 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual non-exclusive Road Right-of-Way, Drainage and Utility 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 "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $16,850.00 (SIXTEEN THOUSAND EIGHT HUNDRED FIFTY DOLLARS) subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending C it E Page 2 into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap"Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. Page 3 If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. 0 liE Page 4 (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; w LI Page 5 provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy e liE Page 6 said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED: Il:. 6?-5m r 05 08/ 017 ATTEST: BOARD •F . : , NTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIE' ; 0 ITY, FLORID -\1,.2.1.A..k.,s7Th- tt4-0(A_ . It e,as to Clerk PENNY TA R, Chai signature OP1I, AS TO OWNER: DAT ! j71'"' y',4- 05/08/2017 i 4, Wit ss (Signature,) MARTA ONZALEZ Name (Print or Type) .1,1.1- ,z. - --,,,,,,K.-' ' VA ='),C1 i, Witne s (Signatur- �- A•proved a o form and legality 4/01( q- ncer-WL-- )Name Print or Type) .. 4-': '`' Emily P_li n Assistant •unty Attorney Last Revised:08/1/16 A` ,17 3 �I NORTH LINE x GOLDEN GATE BOULE'IARD (CR 876) 5 I OF TRACT 81 1 268+00 _ I .69+00 270+00 I 271+00 I 272{00 4 273+00 IN POINT OF Z / /51 0 / 1� L • \COMMENCEMENT, • o L8 ,POINT OF SOUTH LINE OF J ;,41111' ������������,h BEGINNING) NORTH 50' OF .�.�♦�♦�.�♦�♦�.�♦�♦�.�.�♦�.4- 8 TRACT 81 _ 2 --� L6 L4 E A •ROPOSED ROADWAY EASMENT EAST LINE OF WEST _INE OF—'/''I PARCEL 450 RDUE WEST 225' TRACT 81 9,690 SO. FT. OF TRACT 81 1. TRACT 81 f GOLDEN GATE ESTATES UNIT 80 PLAT BOOK 5'PAGE 18 TRACT 64 I TRACT 82 i WEST 225' OF TRACT 81 W I DELGADO RANDOLPH , i I OR 4470/3229 OR 3525/1139 ` 1 A ' LINE TABLE EXHIBIT ! LINE BEARING LENGTH Page_.__ _of l 11111 L1 S89'30'53"W 104.88' L2 500'29'37"E 50.00' I I L3 SO0'29'37"E 48.00' L4 589'30'53"W 5.11' N L5 N00129'39"W 5.00' I$ I L6 589'30'53"W 219.63' L7 NO0129'42"W 43.00' LB N89'30'53"E 224.75' WC OR OFFICIAL RECORDS (BOOK/PAGE) 1 SO. FT. SQUARE FEET S ����� PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18 LEGAL DESCRIPTION FOR PARCEL 450 RDUE A PORTION OF TRACT 81, GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. A COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 81; THENCE S.89'30'53"W., ALONG THE NORTH LINE OF SAID TRACT 81, FOR 104.88 FEET TO A POINT ON THE EAST LINE OF THE WEST 225 FEET OF SAID TRACT 81; THENCE S.00'29'37"E., ALONG SAID EAST LINE, FOR 50.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 50 FEET OF SAID TRACT 81 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE S.00129'37"E., ALONG SAID EAST LINE, FOR 48.00 FEET; THENCE S.89'30'53"W., FOR 5.11 FEET; THENCE N.00'29'39"W., FOR 5.00 FEET; THENCE S.89'30'53"W., FOR 219.63 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 81; THENCE N.00'29'42"W., A_ONG SAID WEST LINE, FOR 43.00 FEET TO A POINT ON SAID SOUTH LINE; THENCE N.89'30'53"E., ALONG SAID SOUTH LINE, FOR 224.75 FEET TO THE POINT OF BEGINNING OF THE HERE:N DESCRIBED PARCEL - ROW CONTAINING 9,690 SQUARE FEET, MORE OR LESS. FEB 0 1 2010 0 40 BO 160 EV 14,41/7/(7.... SKETCH & DESCRIPTION ONLY111.1111111111111.1.111. MICHAEL A.WARD,PROFESSIONAL SURVEYOR&YAPPER FLORgA REaSTNM10N vNo.5301 NOT A BOUNDARY SURVEY SCALE: 1'=80' SDDATE FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS FLORIDA NOT VAUD R 05TEREDOLREPROFESSIONAL SURVEYOR ND°MAPPEER ED sex OF GOLDEN GATE BOULEVARD 1 ,X. AMC. Analintion SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT 104.4 i i`ja PARCEL 450 RDUE 6670%Dow Ps*Dore.Sar 200 Naples,Florde 24106 COLLIER COUNTY, FLORIDA Phone:(239)597-0575 FAX:(239)597.0578 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050217.00.01 0001 REV 01 5 49 1 28 1" = 80' DEC. 2009 D.W.J. SK 450 1 OF 1 CAO ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 11E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office Lo 11 4. BCC Office Board of County Commissioners \fir k .6-\c" )/- \ta\v \ 5. Minutes and Records Clerk of Court's Office 61(21(r1 z:t2-f, Executed COPY only returned to: Karen Dancsec/GMD-ROW PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 03/28/2017 Agenda Item Number 11.E Approved by the BCC t Type of Document Easement Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? q-11 Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be XD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the XD document orPFfinal negotiated contract date\whichever is applicable. 6. "Sign here"tabs are pon the appropriate pages indicating where the Chairman's XD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on and all changes made during the meeting have been incorporated in the attached d9cuniient. The County Attorney's Office has reviewed the changes,if applicable.3!a /I 1 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. Please scan under BMR Real Property—60145 Golden Gate Blvd 'ar = 459RDUE I:Forms/County Forms/BCC Forms/Original Documents Routing Slip VMS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 1 E Martha S. Vergara From: Martha S.Vergara Sent: Monday,June 12, 2017 4:01 PM To: KarenDancsec@colliergov.net Subject: Agenda Item#11E from the 3/28/17 BCC Meeting Attachments: Karen Dancsec.pdf Hi Karen, Attached is the easement agreement of the aforementioned item for your records. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 liE ,, MEMORANDUM Date: June 12, 2017 To: Karen Dancsec, Property Acquisition Specialist TECM Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Easement Agreement for Project #60145 Golden Gate Blvd. Parcel: 459RDUE; Folio: #40868040000 Attached for your records is a copy of the document referenced above, (Agenda Item #11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017. The original agreement will be held in the Minutes and Records Department in the Board's Official Records. If you have any questions, please call me at 252-7240. Thank you. Attachment lIE ' PROJECT: 60145 - Golden Gate Blvd PARCEL(s): 459RDUE FOLIO(s): 40868040000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this VZ.M., day of , 2017, by and between BARBARA KRYSTASZEK, a single woman, whose mailing address is 1494 Trafalgar Ln, Unit A, Naples, FL 34116 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires 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 "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $6,200 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 11E Page 2 of 6 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right of Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all 1 1 E Page 3 of 6 improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to effective date of this Agreement. 11E Page 4 of 6 (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes 1 1 E Page 5 of 6 by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 1 1E Page 6 of 6 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED: donti22-Cl7 ATTEST: BOARD 0 ' . NTY COMMISSIONERS DWIGHT E. BROCK,;Clerk COLLIER • , FLORIDA �i -V's 1,����►N_ `_ .' LC _. BY: /frit/1yuta ( lerPENNY TAY , CHAI N Attes . to Chairman AS TO OWNER: DATED: (o - 5-a-o I7 '► �_ . Witness (Signature) BARBARA KRYST SZEK Name (Print or Type) Witness (Signature eJ4ref Name (Print or Ty ) Approved as to form and legality: Assistant County A torney � Jennifer A. Belpedio Last Revised: 06/23/15 S GOLDEN 1. E , , GATE BOULEVARD (CR 876) 1111 271+00 272+00 273+00 I 24+00 275+00 276+00 o 1://7501/7 0 / // 2 48' •.•.•' g_____LI .ss 2 Y r B!\, IBIT___-- PROPOSED ROADWAY EASEMENT 3 j PARCEL 459 RDUE Pag-�oi 3.600 S0. FT. 1111 TRACT 81 TRACT 82 TRACT 99 I GOLDEN GATE ESTATES UNIT 80 PLAT BOOK 5 PAGE 18 ra R.A EAST 75' OF TRACT 82 1 CKC PROPERTY HOLDINGS LLC A OR 4473/116 2 DOUGHERTY & HOEFER-HOPE KRYSTASZEK OR 3865/3355 OR 4461/2896 N W E S OR OFFICIAL RECORDS (BOOK/PAGE) SQA.SFT. SQUARE FEET KxX X PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) P EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL TECM-ROW I/// USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18 FEB LEGAL DESCRIPTION FOR PARCEL 459 RDUE GD U 1 10) A PORTION OF TRACT 82,GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 48 FEET OF THE NORTH 98 FEET OF THE EAST 75 FEET OF SAID TRACT 82. CONTAINING 3,600 SQUARE FEET, MORE OR LESS. 0 40 80 160 BY:Zilli/i SKETCH & DESCRIPTION ONLY { I R� a s�1s MAPPER 'x NOT A BOUNDARY SURVEY SCALE:180' SIGNING DATE' Z VAUD ORIGINAL RAISED EMBOSSED SEAL OF FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AOFLORIDA REQ ofT!' TSU VEYOR AND MAPPER. GOLDEN GATE ULEVARD 848. Ramis Vimalkulion SKETCH & DE CRIPTION OF: PROPOSED ROADWAY EASEMENT CorFi N CiaWo 's i\Fir 1 9un+yYt Woes PARCEL 459 RDUE 6.310 Wi0cw Park Orive.sure 200 Naples.Florida 94109 COWER COUNTY. FLORIDA Phone:(239)597-0575 FAX:)239)597.0576 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050217.00.01 0001 REV 01 5 49 28 1" = 80' DEC. 2009 D.W.J. SK 459 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 lE TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office CO/12-11 4. BCC Office Board of County , Commissioners �/ 5. Minutes and Records Clerk of Court's Office rn b((W7 z CZpm Executed COPY only returned to: Karen Dancsec/GMD-ROW PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department / Agenda Date Item was 03/28/2017 Agenda Item Number 11.E `,// Approved by the BCC Type of Document Easement Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Aable) 1. Does the document require the chairman's original signature? -- 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be XD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date ofBCC approval/of the XD _ OTS. document ofjClte final negotiated contracLliate whichever is applicable. u(( � 6. "Sign here"tabs are placed on the appropriate pagesin•'eating where the Chairm s XD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on—9f13120t6 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 3)cn/11 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready forth T1/ Chairman's signature. Please scan under BMR Real Property—60145 Golden Gate Blvd 408RDUE I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11E Martha S. Vergara From: Martha S.Vergara Sent: Monday,June 12, 2017 4:02 PM To: KarenDancsec@colliergov.net Subject: Agenda Item#11E from the 3/28/17 BCC Meeting Attachments: Karen Dancsec.pdf Hi Karen, Attached is the easement agreement of the aforementioned item for your records. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergaracollierclerk.com 1 11E MEMORANDUM Date: June 12, 2017 To: Karen Dancsec, Property Acquisition Specialist TECM Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Easement Agreement for Project #60145 Golden Gate Blvd. Parcel: 408RDUE; Folio: #40935640003 Attached for your records is a copy of the document referenced above, (Agenda Item #11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017. The original agreement will be held in the Minutes and Records Department in the Board's Official Records. If you have any questions, please call me at 252-7240. Thank you. Attachment 11E PROJECT: 60145 - Golden Gate Blvd PARCEL(s): 408RDUE FOLIO(s): 40935640003 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 174-, day of.Jor\ -- , 2017, by and between RICHARD AND DANA MILLS, husband and wife, whose mailing address is 3340 Golden Gate Blvd E, Naples, FL 34120-3741 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires 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 "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $9,600 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to 1 1E Page 2 of 7 County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right of Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. // CAO 1E Page 3 of 7 If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or t 11E Page 4 of 7 requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other C� 1 1 E Page 5 of 7 encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek /if CAO 11E Page 6 of 7 and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED:,c )n-e,, I 1 2br7 ATTEST: BOARD •F • NTY COMMISSIONERS DWIGHT E. :ROCK Clerk COLLIE' 'O ''TY, FLORIDA `i;, BY: - Dep' t � '', PENNY TA .4 CHAT' �A N Att= to Chairman's i� signature only. AS TO OWNER: DATED: 0/6"---7/ /7/t_eite. Witness (' ture) RIC ARD MILL -reh G1Kcs�c� Name (Print or Type) /6\,‘ .(14 Witness (Signature) Name (Print or Type) /f/ :A� 1 1 E Page 7 of 7 41011V . 1 -/ LJ , Witness (Signature) - 'A MILLS w Kar.eancs.ec_ Name (Print or Type),y(At.,r,4,y(Witness (Signature) A0( Name (Print or Type) Approved as to form and legality: a • 10 hirtasa 11,11 1 I Assistant County Attorney Last Revised:06/23/15 lIE 1 E i , GOLDEN GATE BOULEVARD (CR B I6) S 238+00 239+00 240i+001 24 +00 I 242+00 243+00 • m I ( I I f I� J j F Z 50// ' a $$ . I \ iT PROPOSED ROADWAY EASEMENT ,,' PARCEL 408 RDUE EXHIBIT „ft- 5,700 FT, ii i ' TRACT 136 ., GOLDEN GATE ESTATES UNIT 81 PLAT BOOK 5 PAGE 19 TRACT 121 1 TRACT 9 g • Z i ? \,..j;RN j i Iill 2fi EAST 150' OF ZO TRACT 136 m 0, `r y N LISKA—ESPOSITO & ESPOSITO `�' MILLS r OR 4174/4048 , OR 2858/989 W E ! \ S OR OFFICIAL RECORDS (BOOK/PAGE) SQ. FT. SQUARE FEET ;xX X PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) //) EXISUSETING RODWAY OF THEA PUBLIC�PERE PLATSEMNTD BOOK EDICATE5D, PAGE 1TO THPERPETUAL TECM-ROW MAR 0 5 2010 LEGAL DESCRIPTION FOR PARCEL 408 RDUE ' A PORTION OF TRACT 136, GOLDEN GATE ESTATES. UNIT 81 AS RECORDED IN PLAT BOOK 5, PAGE 19 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 38 FEET OF THE NORTH 88 FEET OF THE EAST 150 FEET OF SAID TRACT 136. CONTAINING 5,700 SQUARE FEET, MORE OR LESS. /7/1.-14.;,..L............--"' 0 40 60 160 run.4.E WARY. SURVEYOR&WPPER SKETCH & DESCRIPTION ONLY I I r nA 4E WARA1I�I CRIE NO.5301 NOT A BOUNDARY SURVEY SCALE:1'-aO' SIGNING DATE'. J{ 0 NOT VALID WITHOUT INC ORIGINAL SI &RAISED DASOSSED SGL OF FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROF . SURVEYOR AND MAPPER. GOLDEN TE BOULEVARD SKETCH &ADE DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CON *JLT�l�T� 1 V VIt. Stinighe&Ib 4 PARCEL 408 RDUE 6610 6610*Park Drive,Sucre 200 [fr,.........tN,,,, Naples Florida 34109 COLLIER COUNTY. FLORIDA Pham:12391597.0575 FAX:1039169'-0676 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET /1 050217.00.01 0001 REV 02 5 49 28 1" = 80' DEC. 2009 D.W.J. SK 408 1 OF 1 CIO) d' c ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I 1 E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office (/ Z f -i 4. BCC Office Board of County Commissioners \ (1/4 ‘f kcAl2-V 5. Minutes and Records Clerk of Court's Office Executed COPY only returned to: Karen Dancsec/GMD-ROW PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 03/28/2017 Agenda Item Number 11.E . Approved by the BCC Type of Document Easement Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? XD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be XD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's si:nature lin- .. • .. .••i entered as the date of BCC approval eo f the XD document orithe final negotiated contract date whichever is annlicab e.don Sv�pJ t. 6. "Sign here"tars are place. on the appropriate pages indicating where the Chairtdan's SCD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on-9434046—and" —and all changes made during the meeting have been incorporated in the attached document. The County KD Attorney's Office has reviewed the changes,if applicable. Valli 9. Initials of attorney verifying that the attached document is the version approved by the ) BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. Please scan under BMR Real Property—60145 Golden Gate Blv —Parcel - : RDUE I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11E Martha S. Vergara From: Martha S.Vergara Sent: Monday,June 12, 2017 4:03 PM To: KarenDancsec@colliergov.net Subject: Agenda Item#11E from the 3/28/17 BCC Meeting Attachments: Karen Dancsec.pdf Hi Karen, Attached is the easement agreement of the aforementioned item for your records. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 1 1 E MEMORANDUM Date: June 12, 2017 To: Karen Dancsec, Property Acquisition Specialist TECM Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Easement Agreement for Project #60145 Golden Gate Blvd. Parcel: 465RDUE; Folio: #4070080007 Attached for your records is a copy of the document referenced above, (Agenda Item #11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017. The original agreement will be held in the Minutes and Records Department in the Board's Official Records. If you have any questions, please call me at 252-7240. Thank you. Attachment 1 1 E PROJECT: 60145 - Golden Gate Blvd PARCEL(s): 465RDUE FOLIO(s): 40740080007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this \zA-\- day of '�c)r->e.- , 2017, by and between EDWARD AND JOANNE BINGLE, husband and wife, whose mailing address is 3945 Golden Gate Blvd E., Naples, FL 34120-3727 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires 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 "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $37,800 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to lIE Page 2 of 7 County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right of Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. 1 1 E Page 3 of 7 If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or C 1 1 E Page 4 of 7 requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other Cp,O 1 1 E Page 5 of 7 encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek CAO. 1 1 E Page 6 of 7 and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED: -3011f...42.,,2DI7 ATTEST: _ BOARD c F . : NTY COMMISSIONERS DWIGHT E. BROCK, C1erk COLLIE' 0 TY, FLORID ° 'II" BY: // '' D- PENNY TAS(/.R, CHA AN Attest as to Chairman's signature only. AS TO OWNER: DATED: O5-2‘.- .,,of 7 fitness ( ignature) EDWARD BIN LE /A-u � -o Name (Print or Type) Wtness (Sir;nature) A-N AL4 M Name (Print or Type) 11E Page 7of7 ilLepaaL Witness Signature) JOANNE BINGL Name (Print or Type) air -14M i -ess (Sir?nature) / kip M TN MA Name (Print or Type) Approved as to form and legality: Assistant County Attorney Last Revised:06/23/15 1 1 E 1 P ge__ I ofw � .- DE SACASA DIEUJUSTE & DIEUJUSTE OR 1442/395 OR 3026/1686 EAST 155' OF TRACT 1 TRACT 136 TRACT 1 GOLDEN GATE ESTATES UNIT 78 TRACT 18 PLAT BOOK 5 PAGE 16 PROPOSED ROADWAY EASEMENT PARCEL 465 RDUE 5.425 FT. 3 ... I , 3+00 279+003 280+00 281+001 252 2:3+00 284 i GOLDEN GATE BOULEVARD (CR 876) OR OFFICIAL RECORDS (BOOK/PAGE) PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 16 LEGAL DESCRIPTION FOR PARCEL 465 RDUE A PORTION OF TRACT 1, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 35 FEET OF THE SOUTH 85 FEET OF EAST 155 FEET OF SAID TRACT 1. CONTAINING 5,425 SQUARE FEET, MORE OR LESS. 4u 60 150 et, i MICHAEL A WARD VAOFESSICNAL SURVEYOR&MAPPER SKETCH & DESCRIPTION ONLY FLORIDA R I o , Ela-,tr0 Nei:5301 NOT A BOUNDARY SURVEY SCALE. L'—B0' SIONIN0 D � � 0�3 FOR: COLLIER COUNTY GOVERNMENT BAHLA OT COUNTY COMMISSIONERS NOT VALIDIDREGISTERED EVTE THE 01CC �,r+++A�AN,LLIT0 AVOIDI EMBOSSED SEAL OF NAWITHOUTOUTH PROCCSO AL SU EvOR VO MEMBER. GOLDEN GATE BOULEVARD lAX TA INcpti® SKETCH Sc DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CONSULTING Civil Plagmeenng Z\V VA 1 Surveying&Mapping PARCEL 465 RDUE 6610 Willow Park Drive,Suite 200 109 COLLIER COUNTY. FLORIDA N597-057Florida AX(23 Phone:(239)597-0575 FAX(239)597-0578 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050217.00.00 0007 REV,1 5 , 49 28 1" = 80' . .FEB. 2028 S.R. UN78 SK465 . . 1 OF 1 CAO ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exce tion of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee s (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Officeeir2 �, I' 4. BCC Office Board of County -FT b Commissioners \-q 7 --``--�`�- 5. Minutes and Records Clerk of Court's Office 11-It a•,"` PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Michelle L.Sweet Phone Number 252-6027 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number � Approved by the BCC 31.24 P )OI?- �" C-. V/ Type of Document Number of Original Attached Documents Attached PO number or account number if document is d/f, to be recorded di ft & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable){�li 1. Does the document require the chairman's original signature? — < jlyl190 2. Does the document need to be sent to another agency for additional signatures? If yes, /� provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be I „ signed by the Chairman,with the exception of most letters,must be reviewed and signed with' by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's /14 Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approvako f�t,_i!4s, document or the final negotiate cod n rac ate Whichever is applicable.Gt&Te 0 S1 TM"��� hic 6. "Sign here"emplaced on the appropriate pages indicating where the Chairman s signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain f time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 30 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County /1/ Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the ro BCC,all changes directed by the BCC have been made,and the document is ready for Or Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 1 E MEMORANDUM Date: July 7, 2017 To: Michelle Sweet, Property Acquisition Transportation Engineering From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Easement Agreement - Project #60145 Parcel: 430RDUE/Folio #40862760001 Attached for your records is a copy as referenced above, (Item #11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017. If you have any questions, please call me at 252-8411. Thank you. Attachment � 1E PROJECT: 60145 Golden Gate Boulevard PARCEL No(s): 43ORDUE FOLIO No(s): 40862760001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this'9+k day of 2"1/4.) , 2017, by and between CARMEN GABY COSGROVE, a married woman and PAUL BOOTH, her husband, whose mailing address is 3510 Golden Gate Boulevard E, Naples, Florida 34120-3767 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a Road Right-of-Way, Drainage and Utility 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 "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $87,900.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. CAO 1 1 E Page 2 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all S 1 1 E Page 3 improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. C 11E Page 4 (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes 11E Page 5 by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 11E Page 6 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED: ;J .911 ATTEST: BOARD 0 . ; NTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIE' 0 TY, FLORID 10c\ 4A-X.grkerktkaih BY: ALi/ Attest as Champuty Clerk PENNY T OR, CH AN signature only. AS TO OWNER: DATED: Jt.,,,,, _z i grAllo ) at, A Witnes • =ture) CARME 111 Y COy•GROVE Ka(en:4nc.SC_ C Name (Print or Type) . J i4/1:14 Witne s (Signature) PAUL :00TH MICHELLH L SW E Name (Print or Type) Approved as to form and legality: • . . Assistant C- ty Attorney Last Revised:08/1/16 - 11E GOLDEN GATE BOULEVARD (CR 876) 248+00 249+)0 250+00 245+00 246+00 247+00 + I1 1 1 1 !ExtIV� PROPOSED ROADWAY EASEMENT \ of� PARCEL 420 RDUE ..+�r1 3,225 SO. FT. I • TRACT 10 TRACT 27 i TRACT 9 GOLDEN GATE ESTATES § UNIT 80 A PLAT BOOK PAGE 18 S IY 3 EAST 75' OF 8' WEST 180' 0 4 TRACT 10 HUGHES BICHOTTE I. OR 470/147 •R 3557/2952 1 BARROSO WOLLMAN OR 4007/1307 •R 3438/237 t g N W 1' E S OR OFFICIAL RECORDS (BOOK/PAGE) SQ. FT. SQUARE FEET , 4 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) TEN-ROW 1/. I EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL /�I USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18 FEB 0 1 2010 LEGAL DESCRIPTION FOR PARCEL 420 RDUE A PORTION OF TRACT 10,GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 43 FEET OF THE NORTH 93 FEET OF THE EAST 75 FEET OF THE WEST 180 FEET OF SAID TRACT 10. CONTAINING 3,225 SQUARE FEET, MORE OR LESS. o 40 60 160 Y L�.wARC,P SURVEYOR•NAPPER alle7_„„...../"----- SKETCH & DESCRIPTION ONLY l FO100551081°" 6701 NOT A BOUNDARY SURVEY sKAtE.1"-ao' SIGNING DATE. Said: NOT VMONKIO WITHOUT THE MONK �vsco ENBBSSE0 SEAL OF FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFEssaNK RVEYOR ANO MAPPER. GOLDEN GATE BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT 11‘1[4:=.Stembillimrimg PARCEL 420 RDUE 6610 WrRN Park Drive,Sults 200 NMI.%R4.a.34109 COLLIER COUNTY, FLORIDA Phone:123115•Ta575 FAX:(239)597-0575 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANCE SCALE DATE DRAWN BY FILE NAME SHEET 050217.00.01 0001 REV 01 5 49 28 1" = 80' DEC. 2009 D.W.J. SK 420 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forssarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing,lines#1 through#2,complete the checklist,and forward to the CounAttorney Office. Route to Addressee(s) (List in routing order) Office I Initials f Date 1. 2. County Attorney Office County Attorney Office VAd6 R.—hell 7 3. BCC Office Board of County Commissioners vAS /S/ t zL' >V1 4. Minutes and Records Clerk of Court's Office r (a-) 18 0_ 07:�e‘. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson Phone Number 252-5880/ Contact/ Department i Agenda Date Item was March 28,2017 / Agenda Item Number 11E / Approved by the BCC Type of Document Easement Agreement Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? iA—( ()VC.. X 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. Needs Clerk's attestation 3. Original document(s)has/have been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. X 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the , document or the fmal negotiated contract date whichever is applicable. X 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. X 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on March 28,2017(enter date)and all N/A is not changes made during the meeting have been incorporated in the attached document. an option for The County Attorney's Office has reviewed the changes,if applicable. 's line. 9. Initials of attorney verifying that the attached document is the version approved by the f= N/ is not BCC,all changes directed by the BCC have been made,and the document is ready for the. • .1 option for Chairman's signature. , is line. Please scan under Golden Gate Boulevard No. 60145 in the BMR Real Prope oldenk you I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 1 E MEMORANDUM Date: December 18, 2017 To: Sonja Stephenson, Property Acquisition Specialist Transportation Eng. & Const. Mgmt. From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Easement Agreement— Project #60145 Parcel: 468RDUE Portion of Folio #40870320006 Attached is a copy of the agreement referenced above, (Agenda Item #11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 1 1 E PROJECT: 60145 — Golden Gate Blvd. PARCEL No(s): 468RDUE FOLIO No(s): 40870320006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ( day of , 2017, by and between DEBORAH MCCRAY ANDERSON, a single woman, whose mailing address is 3980 Golden Gate Blvd. E, Naples, FL 34120, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a Perpetual Non-Exclusive Road Right-of-Way, Drainage and Utility Easement (Exhibit A) 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 "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $85,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). County also agrees to pay the sum of $21,000 to Bella Y. Patel, PA for legal fees and all other costs, including expert witness costs. Said aggregate payment of $106,000 (representing Owner's proceeds, attorney fees and all other costs, including expert witness costs) shall be paid at closing by County Warrant or funds wire transfer to "Bella Y. Patel, PA Trust Account", Attn: Bella Y. Patel, Esquire, 13026 Waterford Run Drive, Riverview, Florida 33569, and shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, sod, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. If for any reason the closing does not take place, the hereinabove referenced sum of $21,000 shall be paid to Bella Y. Patel, PA as a separate transaction representing full and final satisfaction of any and all attorney fees and expert witness costs that could be asserted against Collier County pursuant to Sections 73.091 and 73.092, Florida Statutes, with respect to acquisition of the Easement upon further approval by the Board. 1 1 E Page 2 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap"Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 1 1 E Page 3 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all Page 41 1 E 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek Page 1 E and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY: DATED: kr tl 1 J� ATTEST BOARD •F AUNTY COMMISSIONERS DWI .T E. BRCCK, Clerk COLLIE" ' O TY, FLORID A & ®. BY: /i ±. .i _...d .L Att3st as to C a Wguty Clerk PENNY TA s* ', Chair . !rir-ure only. AS TO OWNER: DATED: it 1 2 ( -t Af, , - (-- ritop ►/ .., r Wit ess (Signature' DE • - A H MCCRAY AND 'S•N N. - 'ri't o ype) ;lir ,�;.� .. , ; ''4r•i KA ILLIAMS , .rti:sivn#GG 019471 4.00 °:' ,�lgust 8,2020 r.i. '• t •s, , umnce 800485-7019 fitness (' gnature) filo* --1}--- , ,,b4 .1--_,).1?-41 "� ,,,•,�� 7 MME.iSKAWILtIAMS Name (Print Type) ,pz•• eommi, n#GG 019471 ; ;. s August 8.202D 8pp.385d019 ...d' ihruTroy Fs�1!a! OC(11/ II I 4S '' ` l It'7'' 1 4 Approved as to form and legality: %ck_)- fT),c7 _ Jennifer A. Beipedio Assistant County Attorney �' kk-% Last Revised:06/23/15 .�\ 1 1 E O 3 g GOLDEN GATE BOULEVARD (CR 876) g 282+00 283+00 284+00 285+00 { 286+00i 287`000 I E � � N t 50' o I N o n I 1 / PROPOSED ROADWAY EASEMENT g PARCEL 468 RDUE t 8,910 SO. FT. 0 DI 3. TRACT 100 TRACT 117 TRACT 118 a A GOLDEN GATE ESTATES UNIT 80 PLAT BOOK 5 PAGE 18 Y i. EAST 165' OF TRACT 117 A R ' ANDERSON N BARO OR 4186/88 OR 3625/3873 N W �/ e E ' ;,..1 Boon- / N. e. s of 1 SQ. FT. SQUARE FEET OR OFFICIAL RECORDS (BOOK/PAGE) ?CC` PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) / EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL / / USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18 LEGAL DESCRIPTION FOR PARCEL 468 RDUE A PORTION OF TRACT 1 17, GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 54 FEET OF THE NORTH 104 FEET OF THE EAST 165 FEET OF SAID TRACT 117. CONTAINING 8,910 SQUARE FEET, MORE OR LESS. TECM - ROW FEB 0 1 2010 0 40 80 160 EIY:I/A7' SKETCH & DESCRIPTION ONLY11.1111111111111.11111111 MICHAEL A. WARD. PROFESSIONAL SURVEYOR & MAPPER FLORWA REGISTRATIONvFJ�TE NO. 5301 NOT A BOUNDARY SURVEY SCALE; r=ao' SIGNING DATE: ' % /ir FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT FLORIDA REGISTERED AUD WITHOUT EPOFESSIO L SURVEYGINAL /OR AND MAPPER EMBOSSED& RAISED SEAL OF GOLDEN GATE BOULEVARD DUTAPlumingVisualization SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT C NSA�I i Civil&towing PARCEL 468 RDUE 6610 Mow Park Detre,Suite 200 Naples,Florida 34109 COLLIER COUNTY, FLORIDA Phone:(239)597-0575 FAX:(239)597-0578 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050217.00.01 0001 REV 01 5 49 28 1" = 80' DEC. 2009 D.W.J. 5K 468 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 .1 E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE r' Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routingfines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. County Attorney Office County Attorney Office getoras la 3. BCC Office Board of County �5 �oZ-a2�q•"�'� Commissioners 4. Minutes and Records Clerk of Court's Office PO- la 4=3SR PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson Phone Number 252-5880 Contact/ Department Agenda Date Item was March 28,2017 Agenda Item Number 11E'j� Approved by the BCC Type of Document Easement Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whi -v• Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? km p X k,) 2. Does the document need to be sent to another agency for additional • gnatures? 1'f :; N/A provide the Contact Information(Name;Agency;Address;Phone)on •• -• sheet. Needs Clerk's attestation 3. Original document(s)has/have been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. X 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. X 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. X 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on March 28,2017(enter date)and all : N/A is not changes made during the meeting have been incorporated in the attached document. an option for The County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the a I ' an option for Chairman's signature. this line. Please scan under Golden Gate Boulevard No. 60145 in the BMR Real Property Fo der. i you I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 1 E MEMORANDUM Date: January 4, 2018 To: Sonja Stephenson, Property Acquisition Specialist Transportation Eng. & Const. Mgmt. From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Easement Agreement— Project #60145 Parcel: 47ORDUE/Folio #40870480001 GAP Affidavit and ROW Drainage & Utility Easement Attached is a certified copy of the agreement and originals of the additional documents referenced above, (Agenda Item #11E) approved by the Board of County Commissioners on Tuesday, March 28, 2017. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment PROJECT: 60145—Golden Gate Blvd. PARCEL No(s): 470RDUE FOLIO No(s): 40870480001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of ,l'�CEIr1bL . 2017, by and between • JUAN TINAJERO JUAREZ. a married man, whose mailing address is 4020 Golden Gate Blvd. E, Naples, FL 34120, (hereinafter referred to as "Owner"). and COLLIER COUNTY, a political subdivision of the State of Florida,whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples. Florida 34112 (hereinafter referred to as"County"). WHEREAS, County requires a Perpetual Non-Exclusive Road Right-of-Way, Drainage and Utility Easement (Exhibit A) 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"Easement"):and WHEREAS. Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein: and WHEREAS. County has agreed to compensate Owner for conveyance of the Easement. 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS -All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE-Owner shall convey the Easement to County for the sum of: $68,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). County also agrees to pay the sum of$8,500 to Bella Y. Patel. PA for legal fees and all other costs, including expert witness costs. Said aggregate payment of $76,500 (representing Owner's proceeds, attorney fees and all other costs, including expert witness costs) shall be paid at closing by County Warrant or funds wire transfer to • "Bella Y. Patel. PA Trust Account". Attn: Bella Y. Patel. Esquire. 13026 Waterford • Run Drive. Riverview, Florida 33569, and shall be full compensation for the Easement conveyed, including (if applicable) all landscaping. sod, trees, shrubs. improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure. including but not limited to the cost to relocate the existing irrigation system and other improvements(if any), and the cost to cut and cap irrigation lines(if any)extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73. Florida Statutes. If for any reason the closing does not take place. the hereinabove referenced sum of $8.500 shall be paid to Bella Y. Patel, PA as a separate transaction representing full and final satisfaction of any and all attorney fees and expert witness costs that could be asserted against Collier County pursuant to Sections 73.091 and 73.092. Florida Statutes, with respect to acquisition of the Easement upon further approval by the Board. Page 2 S i E 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed. and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a)Road Right-of-Way, Drainage and Utility Easement; (b)Instruments required to remove, release or subordinate any and all liens. exceptions and/or qualifications affecting County's enjoyment of the Easement: (c) Closing Statement; (d)Grantor's Non-Foreign, Taxpayer Identification and"Gap"Affidavit:. (e)W-9 Form: and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County. County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty(30)days of County's receipt of all Closing Documents. whichever is the later. This agreement shall remain in full force and effect until Closing shall occur. until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as"Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines. electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. Page 3 1 1 E 7. REPRESENTATIONS AND WARRANTIES-Owner agrees, represents and warrants the following: (a)Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b)County s acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d)Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein. nor enter into any agreements granting any person or entity any rights with respect to the Easement. without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e)There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration. administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder: nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g)County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h)The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the County: that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement: b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all Page 4 1 1 E 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage. lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee. lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes 'reasonable processing fees." In accordance with the provisions of Section 201.01. Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES-There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees.whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership. limited partnership, 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (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.) 13. ENTIRE AGREEMENT-Conveyance of the Easement,or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions. or premises other than those so stated herein;and this 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement. such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek 1 1 E Page 5 and enforce all rights and remedies available at law or in equity. including the right to seek specific performance of this Agreement. 15. SEVERABILITY-Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement. and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - 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 Agreement on the date first above written. AS TO COUNTY:DATD: I O4) is . ATTEST BOARD 41- CO TY COMMISSION D HTE. BO* Clerk go COLLIE'' .. TY. FLORIDA < BY: /' Ireasto. ,•D, a&tlerk PENNY TAY Chairman ' stionahre AS TO OWNER: DATED: I L- 1 -Zo l� r _ Jt10i4 iiPI.vC TaRFZ Ig iature) JUAN TINAJERO JUAREZ Name(Print or Type) Witness(Si6nure) . . Name(Prim or Type) Approved as to for,' a ;legality: AlkJennifer A.Belaedio Assistant County Attorney Last Revised 06123115 1 1 E Y I GOLDEN GATE BOULEVARD (CR 876) N. 85+00 286+00 1 287+00 285+00 I 289+00 290+00 29 Ir 1 POINT O '50 f M �♦♦. Ii4 g ! ' I 4 I PROPOSED ROADWAY EASEMENT I ; PARCEL 470 RDUE �` 3.675 SO Fr I s TRACT 118 I {{ GOLDEN GATE ESTATES TRACT 117 I UNIT 80 4 TRACT 135 PLAT BOOK 5 PAGE 18 a I BERGGREN & 14 I EAST 75' O= COGBILL :WEST 150' OF OR 3245/1427 TRACT 118 Ix VILLA TZAR.AR M NZEV, MINZEY, VILLAVIZAR MINZEY & MINZEY I 1 1 OR 4368/7301 OR 3827/3306 i I 3 I MCORE i 3 OR 3229/28'4 1 N f w+E S EXHIBIT.,,..^._ SO. FT. SOUARE FEET OR OFFICIAL RECORDS (BOOK/PAGE) ) ��I PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROLE) r / /1 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL 1f / l USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 18 LEGAL DESCRIPTION FOR PARCEL 470 ROUE A PORTION OF TRACT 118,GOLDEN GATE ESTATES. UNIT 80 AS RECORDED IN PLAT 900K 5, PAGE 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS_ THE SOUTH 49 FEET OF THE NORTH 99 FEET OF' THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 118. CONTAINING 3,675 SQUARE FEET, MORE OR LESS TEN-ROW FEB n 1 2010 '� /� 0 40 80 180 WOW ..AP'J,PROCESS SURREFOR!RAPPER SKETCH & DESCRIPTION ONLY I >- I FLOSIOAW*0 REGISTRAR.FPGINAL � 1E No.530, NOTA BOUNDARY SURVEY SCALE 1-s80' wTE. dJ FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AA FLOORDA REG(STEREaFFROLIT EO PRN SS SUPRE`/OR A.0 SEAL OF GOLDEN GATE BOULEVARD K 1XI71vltiaa SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT £OOIST/N1W. B s PARCEL 470 RDUE 6810 OWN Park ERN,Sub 209 4401140%arta 34109 COLLIER COUNTY. FLORIDA Phan.:(239)59740574FAX:W4)567-0n8 .B No.:6*52 JOB NUMBER REV-S,ON SECYON '7WNSHIP R4\GE SCA-E ' DATF DRAWN B, _ ME E NASHEET 050217.00.0' 0001 REV C 5 49 28 = 80' DEC3 9 I N 479 OF .. 1 1 E PROJECT: 60145 Golden Gate Boulevard PARCEL No(s): 470RDUE FOLIO No(s): Portion of 40870480001 STATE OF COUNTY OF GRANTOR'S NON-FOREIGN TAXPAYER IDENTIFICATION&"GAP"AFFIDAVIT The undersigned,JUAN TINAJERO JUAREZ, after being duly sworn, deposes and says: 1. Grantor is the fee simple owner and the only owner of the property located in Collier County and described in Exhibit"A"attached hereto("Property"). 2. Grantors Legal Name is: JUAN TINAJERO JUAREZ,a married man 3 Grantor's mailing address is: 4020 Golden Gate Blvd. E, Naples, FL 34120 4. Section 1445 of the Internal Revenue Code requires a transferee of a U.S. real property interest to withhold tax if the transferor is a foreign person. For U.S. tax purpose (including Section 1445), the owner of a disregarded entity having legal title to a U.S. real property interest under local law will be the transferor of the property and not the disregarded entity. To inform Collier County, as transferee, that withholding of tax is not required upon disposition of the Property, Affiant affirms that the following is true: a. Grantor is not a non-resident alien (if individual) or a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined by the Internal Revenue Code and Income Tax Regulations) for purposes of U.S. income taxation. b Grantor is not a disregarded entity as defined in s.1.1445-2(b)(2)(iii). (NOTE: A disregarded entity for these purposes means an entity that is disregarded as an entity separate from its owner under s.301.7701-3, a qualified REIT subsidiary as defined in s. 856(i), or a qualified subchapter S subsidiary under s.1361(b)((3)(B). 5. For purposes of reporting this Transaction to the Internal Revenue Service on Form 1099-S. the Property is Grantor's(check one) X Principal Residence Other real estate. 6. Grantor is in sole constructive or actual possession of the Property, and there is no other person or entity that has any possessory right in the Property. 7. Grantor has full authority to convey the Property. 8. There are no existing contracts for sale or mortgage commitments other than those being closed affecting the Property. 9. Grantor knows of no defects in the Property's title and, except for real estate taxes for the current year and those items identified on Exhibit "B" attached hereto. there are no liens, encumbrances, mortgages, claims or demands on or against the Property. 10. There are no unrecorded labor, mechanics', material men's liens or "Notices of Commencement" against the Property; no material has been furnished to or 1 1 E labor performed upon the Property within the past ninety(90)days which has not been paid for in full: no notices to owner have been delivered to or received by the Grantor. 11. There are no bills, liens or assessments for sanitary sewers, paving or other public utilities, or improvements made by any governmental instrumentality, which are now unpaid, against the Property. Further, Grantor acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or occupancy by Grantor, whichever first occurs. If any bills, liens or assessments are found which relate to the period of Grantor's possession, Grantor will pay same upon demand. Grantor shall obtain any release documents needed which relate to bills, liens or assessments not paid at the time of closing. 12. No notice has been received of any public hearing regarding future or pending zoning changes or assessments for improvements by any governmental instrumentality. 13. Grantor knows of no violations of local or state laws or private covenants, restrictions or conditions which pertain to the Property. 14. There are no judgments, orders or decrees which have been entered in any state or federal court against the Property or Grantor, and there are no civil or administrative actions pending against Grantor or which involve the Property in any way, including no action for dissolution of marriage or bankruptcy. 15. The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local laws, regulations and ordinances, including environmental laws, and that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property: and that Grantor 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 Property. This provision shall survive closing and/or acceptance and is not deemed satisfied by conveyance of title. 16. Grantor shall indemnify, defend and hold Collier County harmless against and from any and all damages, claims, liabilities, actions, expenses, penalties, fines and costs (including attorney's fees and expenses) incurred by or asserted against Collier County by reason of or arising out of the breach of Grantor's representations under Paragraph 15 above, irrespective of whether Affiant was negligent in the making of these representations. 17. There are no unrecorded deeds, judgments, liens, mortgages, easements or rights of way for users, claims, boundary line or other disputes, or demands of any nature asserted against or affecting the Property. 18. There are no matters pending against Grantor that could give rise to a lien that would attach to the Property, or cause a loss of title, or impair title between the effective date of the title insurance commitment (or title search showing ownership and encumbrances) and the time of recording of the instruments evidencing the County's fee simple or other interests in the Property: and that Grantor has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of this Affidavit forward. 19. If the conveyance is of fee simple and by purchase, Grantor agrees that in the event the current real and personal property taxes vary in amount from the figures used in making the prorations used in closing the conveyance of the Property to County, then a new proration and a correct and proper adjustment shall be made upon demand. Grantor understands that all taxes, maintenance charges and assessments due from Grantor for which a bill is rendered prior to closing will be charged against Grantor on the closing statement. 1 1 E 20. If the Property is improved property, then Affiant is the owner of said property, and there are no claims, liens, security interests, claims or demands of any kind against the furniture. equipment, fixtures and personal property located on the Property and being sold as part of this transaction. 21. If the subject Property hereto is rental property, Grantor hereby represents that Grantor has paid all sales taxes due to the State of Florida to date and will pay any remaining taxes due in respect to said premises before due and will indemnify and hold harmless Collier County from Grantor's failure to do so. 22. Grantor agrees to fully cooperate with Collier County when necessary to correct an error discovered after closing and. in doing so. to execute, without delay, any corrective instrument(s) needed in order to effectuate the intent of the parties to this transaction. This provision shall survive closing. 23. Grantor understands that this certification may be disclosed to the Internal Revenue Service by Collier County and that any false statements made here could be punished by fine, imprisonment, or both. Grantor further authorizes the submission of this affidavit if and when required. 24. Under penalties of perjury, I, the undersigned affiant, state that I have examined this affidavit and to the best of my knowledge and belief it is true, correct and complete as of the date of execution hereof: that 1 am authorized to execute this affidavit as or on behalf of Grantor and to bind Grantor thereby: that 1 will immediately notify Collier County of any change to the representations contained herein and that, in the absence of such notification. Collier County may rely on the representations contained herein on the day of closing: that Grantor intends for Collier County. its agents and attorneys. the title company issuing the title policy (if title insurance is to be issued), its underwriter and its employees, any escrow/settlement agent and other parties and their attorneys participating in this transaction, to rely on these representations. and Grantor will indemnify said parties for all damages. loss, liability. claims. cost and expenses. including attorney fees. which arise out of or result from their reliance upon these representations. irrespective of whether I was negligent in making these representations or executing this Affidavit. WITNESSES: 1.1 r.tonQ�.16" rcZ..__ (Sig ) JUAN TINAJERO JUAREZ (Print Name) (signature) f6iht-iN ;4,, z C y ( rint Name) 11E STATE OF w COUNTY OF: E 1 i'r' Sworn to and subscribed before me this/1 day of / ee,/Y..C/!r . 2017, by JUAN TINAJERO JUAREZ.who is: personally known to me. OR. who has produced as proof of identity. (affix notarial seal) (Signature of Notrif ubli ^'„',>:6,., DELHI 5.PANTOJA U •/ Notary oC ryP ollic-S6G o Florida (Print Name of Notary P lic) �/y� : Serial/Commission#(if any.): $:` My Comm.Expires Sep 30,2021 11My Commission Expires: 7—•�O�i2 1� 11 ,, • ,°`„ ••• Bonded through Natioral Notary Assn. Approved as to form and legality: (7, 031,9 Jennifer A.Belpedie Assistant County Attorney Last Revised 9/3/2015 I I GOLDEN GATE BOULEVARD (CR 876) y 85+00 286+00 I 282•00 288.00 289+00 290+00 29 1 1 E F i ....+—' ' I ROW 0r I i I v SC. I --1-- 12;6' ►i t-- �_ i ___1_ - 1 Ilr i 9 i li i� ����i L. I 8 I PROPOSED ROADWAY EASEMENT PARCEL 470 RDUE I I 3.075 50 FT i I i I 1 i TRACT 118 GOLDEN GATE ESTATES 3 TRACT 117 I UNIT 80 ' TRACT 135 i PLAT BOOK 5 PAGE 18 i { i I i 6ERGGREN & I EAS' 75' 0c { I COGBii 2 ;WEST 150' 0•1 i OR 3245/1427 'RACT 118 I P V.LAMIZAR. M'NZE". M'h ZEY.a 'VIL LAMIZAR & E I VILLAMIZAR MiNZE Y & M'NZEY j OR 4368/'30' OR 3827/3306, m • MOORS j OR 3229/28'4 1 N • l W c a S I irk S0. F SQUARE FEE' , ims OR OFFiciAL RECORDS (BOOK/PAGE) rX X'1, PROPOSED ROADWAY, DRAINAGE AND 00: TY EASEMENT (RDUE) 17—T? EXIST'NG ROADWAY EASEMENT DEDICATED TO THE PERPETUAL ../7) USE OF THE PUBLIC PER PLAT BOCK 5, PAGE '8 LEGAL DESCRIPTION FOR PARCEL 470 RDUE A PCP-ION GE TRACT ''E,GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT 800K 5. PAGE '8 OF 'THE "LBLIC RECORDS OF CCLL',ER COUNTY. FLORIDA. LYING ,N SEC`ICN 5, TOWNSHIP 49 SCUT~. RANGE 28 EAST, COLLIER COUNTY, FLORI7A, BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS. THE SOUTH 49 FEET OF THE NORTH 99 FEET OF THE EAST 75 FEET OF THE WEST 15O FEE" OF SAO TRACT '1E. CCNTAIN!NG 3,675 SO'JARF FEET MORE OR LESS ' • TECM-ROW FEB 0 1 2010 tetifr_____, 0 40 90 16 0 �,,,. °� SKETCH & DESCRIPTION ONLY SWAM A" "D'�0t.&APPEA NOT A BOUNDARY SURVEY SCALE:I'-e0' Kr,vA1.20 M1NDUt'NE OAWPML •WI=EdeOSSED SEH OF FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A n.como,6EGISFEAED 51AORFOO"w ewPEa. GOLDEN GATE BOULEVARD `\ Nis Vy� ,5 SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT , & PARCEL 470 RDUE sena Vi&or Pe"i 0""''S'Pei 103 • Nap...Florida 3009 COLLIER COUNTY. FLORIDA Phmw,(239)6975570 FAX 83866970678 Le N6..6862 JOY NUMBER REV SON SECUON TOWNSHIP RACE SCA.. DATE DRAWN 8" ...E NAME SHEET 05021700'3' 000' '.E\ C' 5 49 28 - 80 DEC. 2009 '3.W TK 47C 1 1 E Taxes for the year 2017 and subsequent years, which are not yet due and payable. Any County and/or municipal resolutions for public improvements or special assessments which are not recorded or are not properly recorded in the public records and which do not provide notice to the owner of record in the public records. or Any lien provided by Chapter 159, Florida Statutes, in favor wcity,f any ytownsewer or ,gvillages stem port authority for unpaid service charges for service by Yater, supplying the insured land. Resolution Establishing Suburban and Agriculture Subdivisions, dated t the March 7, c R 961da 1 and recorded March 13, 1961 in Official Records Book 80, Page f Collier County, Florida. Restrictive Covenants executed by Gulf American Land Corporation, a Florida corporation, dated January 16, 1963 and recorded February 7, 1963 in Official Records Book 131, Page 595; Addition No. 1 Restrictive Covenants and Right of Way Easements recorded May 24, 1963 in Official Records Book 141, Page 256; Release of Right-of-Way Easement recorded in Official Records Book 1059, Page 631, all of the Public Records of Collier County, Florida. Ordinance No. 75-20 as to regulating the installation of any water distribution and wastewater collection system, dated May 5, 1975 and recorded May 19, 1975 in Official Records Book 619, Page 1177, of the Public Records of Collier County, Florida. Ordinance No. 75-21 as to protective trees, dated May 6, 1975 and recorded May 19, 1975 in Official Records Book 619, Page 1182, of the Public Records of Collier County, Florida. Ordinance No. 75-24 as to zoning regulations, dated May 7, 1995 and recorded May 19, 1975 in Official Records BooK 619, Page 1191, of the Public Records of Collier County, Florida. Resolution establishing the Immokalee Planning Area and the Coastal Planning Area, dated May 4, 1976 and recorded May 6, 1976 in Official Records Book 649, Page 1239, of the Public Records of Collier County, Florida. Subject to the rules and regulations of surface and ground water utilization as set forth in Constructive Notice and Demand dated March 31, 1989 and recorded March 31, 1989 in Official Records Book 1428, Page 2003, of the Public Records of Collier County, Florida, of the Public Records of Collier County, Florida. Restrictions, conditions, reservations, easements and other matters contained on the plat of Golden Gate Estates, Unit No. 80, as recorded in Plat Book 5, Page 18, of the Public Records of Collier County, Florida. 1 1 E PROJECT: 60145 Golden Gate Boulevard PARCEL No(s): 47ORDUE FOLIO No(s): Portion of 40870480001 ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT THIS EASEMENT, is made and entered into this j„ day of ja&r.,&e ,h,61A 2017, JUAN TINAJERO JUAREZ, a married man, whose mailing address is 4020 Golden Gate Blvd. E, Naples, FL 34120, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement to enter upon and to install and maintain roadway, bikepath and sidewalk improvements, drainage structures, including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures and any and all manner of public and private utility facilities over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining roadway, sidewalk, drainage and utility facilities thereon. "Utility facilities" includes public as well as private utilities, such as electric, telephone and cable television, but only if such facilities have Collier County's consent and proper authorization. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. THIS CONVEYANCE ACCEPTED BY THE This property has been acquired under BOARD OF COUNTY COMMISSIONERS, mat of condemnation and is exempt COLLIER COUNTY,FLORIDA. documentary stamp tax. PURSUANT TO AGENDA. DATED: .a 7- 1-J ITEM NO.Ile. I 1 1 E IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNFSSES' 1 On -rill on iv /7/o'rc2 W s(Signature) JUAN TINAJERO JUAREZ (Print Name) eiri-- -1--N , Witness (Signature) t. t . ,ri r_illAZI (Print Nine) STATE OF1�/�f £ COUNTY OF ' it The foregoing Roaci Right-of-Way, Drinage and Utility Easement was acknowledged before me this /-W' day of/)' 'mfjf', 2017, by JUAN TINAJERO JUAREZ, who: is personally known to me OR produced as proof of identity. i i (affix notarial seal) (Signa ure of Nota5 Pu e"c) r s 7)//' /X i DELHI B.PANTOJA (Print Name of Notary.Public) ` _•:., Notaryyubii<-StateofFlortda Serial/ Commission #(if any): CommissionGG110881 MI My Commission Expires: `a,V " ` My Comm.Expires Sep 30,2021 OFF, Banded through Nation al Notary ASsr. Approved as to form and legality: I , %g:ik. -StoVN 'Ft, , daL.? bt0 Assistant County Attor Last Revised: 06/23/15 1 1 E 1 GOLDEN GATE BOULEVARD (CR 876) 288+00 289.00 290+00 29 g SSi 00 ` 2b5�t1•v_��__ 287-W 1 F_ ' PON/ O° �50 . 4 A i _ III 1 4.• }a_ .. o. I � PROPOSED ROADWAY EASEMENT i PARCEL 470 RDUE 3.675 SO FT I I i i f j TRACT 118 GOLDEN GATE ESTATES TRACT 117 UNIT 80 I TRACT 135 s PLAT BOOK 5 PAGE 18 8BERGGREN & EAST 75' 0= COGB!LL f (WEST 150' OF 1 OR 3245/1427 TRACT 118 VIVLL_IAMMiZIARZAR, MIN . , I E OR 4368./'301 CR 3827/3306 iI I , OR 32209/28'41 I N w c - EXHIBIT - , 3 SO. FT. SQUARE FEET OR OFFICIAL RECORDS (BOOK/PAGE` C X x PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (R030) EXISTING ROADWAY CASEMENT DEDICATED TO THE PERPETUAL = USE OF THE PUBLIC PER PLAT 800K 5, PAGE 18 LEGAL DESCRIPTION FOR PARCEL 470 ROUE A ORDED IN PLA- BOOK 5, PAGE '8 PORIION OF TRACT 118,GOLDEN OF COLLIER COUNTYTFLORIDA,E SLYING TIN SECTION 80 AS 5, OF 5, TOWNSHIP 49 SOUTH. RANGE 28 PUBLICEAST, COLLIER COUNTY. FLORIDA, BE'NC MORE PARTICULARLY DESCRIBED AS FOL_OWS. THE SOUTH 49 FEET OF THE NORTH 99 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 118. CONTAINING 3.675 SQUARE FEET. MORE OR LESS. TEN-ROW FEB 0 1 2010 ite i� I 0 40 80 180 �� SKETCH & DESCRIPTION ONLY I pww 0,�`c/w ' St,NKvOA ,47.7.E9P WOVE NOT A BOUNDARY SURVEY SCALE.IT-80' i WAD EN909fE9 SEAL a NV.1.91amour/NE 09K.9NL FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A rr019D,aramitaeo 41.99r709""D WPPER, GOLDEN GATE BOULEVARD purc Pbelas SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT se,. A40., PARCEL 470 RDUE 6610 Moog Pa*Pse.Wm 100 .4991..,AwEs 34199 COWER COUNTY. FLORIDA en....:(239)597 0573 PAI(2981597 79 LB Ne..6952 JOB NUMBER REVISION SECTION C'NNSHIP R4\GE SCA. DATE I DRAWN BY I FILE NAME I SHEET 050211.00.01 00011 REV 01 1 5 I� 49 I 2K I" - 80 DEC- 2309 OW,. SK 470 i 1