Parcel 149TO:
FROM:
DATE:
RE:
Memorandum
Sue Filson
Executive Manager
Board of County Commissioners
Debbie Armstrong ~
Acquisition Specialist
Transportation - Right-of-Way Office
April 21,2002
Golden Gate Parkway, Project No. 62081
Parcel 149
Transmitted for your further handling is an Easement Agreement for a Road right-of-
way, drainage and utility easement for the Golden Gate Parkway project, which the
Board authorized the Chairman to execute on its behalf on April 23, 2002, Resolution
2002-203 Item 16B1.
Please have the Chairman execute the attached Easement Agreement and forward to
the Clerk for attestation. The instrument may then be returned to this office.
Please do not hesitate to call (213-5874) if you have any questions or if I may be of any
assistance. Thank you.
Thank you.
Attachment
Transportation Right-of-Way Office
PROJECT: 60027
PARCEL: 149
FOLIO: Portion of 38166520001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this ~q-~ day of ~ , 2003, by and between
HERBERT HERMAN AND SUZANNE DOROTHY HERMAN, as tenants in common
(hereinafter collectively referred to as "Owner"), whose mailing address is 5881 Golden
Gate Parkway, Naples, FL 34116, and COLLIER COUNTY, a political subdivision of the
State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"),
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for road
right-of-way, drainage and utility facilities over, under, upon and across the lands
described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached
hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser 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:
Owner shall convey the Easement to Purchaser for the sum of $7,800.00, payable
by County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Easement conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said Easement to Purchaser, including all
attorneys' fees, expert witness fees and costs as provided for in Chapter 73,
Florida Statutes.
Prior to Closing, 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.
Owner shall provide such instruments, properly executed, to Purchaser on or
before the date of Closing.
Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within sixty (60) days from the date
of execution of this Agreement by the Purchaser; provided, however, that
Purchaser shall have the unilateral right to extend the term of this Agreement
pending receipt of such instruments, properly executed, which either remove or
release any and all such liens, encumbrances or qualifications affecting
Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the conveyance instrument to
Purchaser in a form acceptable to Purchaser.
Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
Easement Agreement Page 2
10.
11.
Owner represents that 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 Purchaser; 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 Purchaser, 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.
Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser 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 Purchaser by reason or arising out of the
breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing and recording a Subordination, Consent & Joinder of Easement of
the mortgage(s) recorded against the property underlying the Easement from the
mortgagee(s). The cost of a title commitment shall be paid by Purchaser.
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.
Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
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, 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 Purchaser,
its successors and assigns. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement
Easement Agreement Page 3
IN WITNESS WHEREOF, the parties
this 2.~ day of ~ ,2003.
t
hereto have executed
this Agreement on
Date Easement acquisition approved by BCC: April 23, 2002, Resolution 2002-203.
AS TO PURCHASER:
DATED:
ATTEST:~; !5.-~".",: -
DW IG,,H'r ~i ~'~:K,' Clerk
· .%~:.:.~ ?~r.~,~/?~Deputy Clerk
AS TO OWNER:
DATED:
Witness (Signature)
Name: ~/~
(Print or Type)
Wi~ess~Sign~tur~
Name: ~2G~~ ~~'
(~rint or lypa)
BOARD OF COUNTY COMMISSIONERS
COLLI ER.~TY2/RIDA
HERBERT HERMAN
AS TO OWNER:
DATED:
Witness (Signature)
Name:-~-,~/~-
(Print or Type)
(Print or Type)
~NE-~-~ CRMAN
Approved as to form and
Io.~/. I sufficiency:
~Elre'~n T. ~C~ha~~'~
Assistant County Attorney
Easement Agreement
EXHIBIT A
SOUTHALL TRUST
OR 2719/5426
LINE TABLE
LINE BEARING LENGTH
L1 NOO'27'45"W 50.00
L2 NOO'27'45"W 33.00
L3 N89'31'37"E 75.00
L4 S00'27'45"E 53.00
L5 S89'31'37"W 75.00
PERRY
OR 2542/3205
TR~
GOLDEN G~
UNI]
PLA] BOOK
PERPEFUAL, NON-EX(;LUSWE
ROAD RIGHT-OF-WAY, DRAINAGE
AN UTILITY EASE~ ENT
PARCEL 1 49
2,475 sq. ft.
'SW/BP OR 1050/575
TRACT 66
ROW ESMT
570~-00
ANCHOR ESM[
SW/BP OR 1040/1833
NAPLES BRIDGE CENTER, INC.
OR 877/1642
:T 75
TE ESTATES
,.30
7 PAGE 58
PROPOSED RIGHT-OF-WAY ~
J
SW/BP ~ SIDEWALK / 81KE PATH
TRACT 82
SW/BP OR 1040/1834 10' ROW ESMT
ROADWAY EASEMENT PER}LAT
/
N 89'31' 37"E__~105.__00'__ 573, .... ' 574;,eo, 5il, I'
__[ POINT OF ~ BASELINE OF SURVEY
I~COMMENCEMENTJ
SW CORNER
TRACT 75
5?5+00
[///2
EXISTING ROADWAY EASEMENT DEDICATED TO
THE PERPETUAL USE OF THEPUBLIC PER
PLAT BOOK 7, PAGE 58
PROPOSED ADDITIONAL RIGHT-OF-WAY
LEGAL DESCRIPTION FOR PARCEL 149
A PORTION OF TRACT 75 GOLDEN GATE ESTATES, UNIT 50 AS RECORDED IN PLAT BOOK 7, PAGE 58 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SITUATE IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT 75; THENCE N.89"51'37"E., ALONG THE SOUTH
LINE OF SAID TRACT 75, A DISTANCE OF 105.00 FEET, TO THE WEST LINE OF LAND DESCRIBED IN
OFFICIAL RECORDS BOOK 2.542, PAGE 5205 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE N.OO'27'45"W., ALONG THE SAID WEST LINE, A DISTANCE OF ,50.00 FEET, TO A POINT ON THE
THE NORTH LINE OF A ROADWAY EASEMENT (100' WIDE) .AS PER SAID PLAT AND BEING THE POINT OF
BEGINNING;
THENCE CONTINUE N.OO'27'45"W., ALONG THE SAID WEST LINE, A DISTANCE OF 33.00 FEET;
THENCE LEAVING THE SAID WEST LINE, N.89'31'57"E., A DISTANCE OF 75.00 FEET, TO THE EAST LINE OF
SAID OFFICIAL RECORDS BOOK;
THENCE S.00'27'45"E., ALONG THE SAID EAST LINE, A DISTANCE OF 35.00 FEET, TO A POINT ON TItE SAID
NORTH LINE;
THENCE S.89'51'57"W., ALONG THE SAID NORTH LINE, A DISTANCE OF 75.00 FEET, TO THE POINT OF
BEGINNING.
CONTAINING 2,475 SQUARE FEET, MORE OR LESS.
BEARINGS ARE BASED ON NORTH AMERICAN OATUM
(N.A.D) 1988-1990 AOJUS'fMENT STATE PLANE
COORDINATE SYSTEM (GRID) FOR FLORIDA EAST
ZONE.
0 40 80
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
SCALE: 1"=80'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
EXHIBIT
P~te_ L of ~
?
6 0 · ~/~'~ ~t
ROGER O. CAR~, PR~S~'~ONAL SURVEYOR & MAPPER
FLORIDA REGIS~ATION CERTIFICAT~ NO. 5702
SIGNING DATE: ~. ~ __~ ~
VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
GOLDEN GATE PARK~¥AY IMPROVEMENTS
SKETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
PARCEL 149
COLLIER COUNTY, FLORIDA
JOB NUMBER
O1-0015.1 '1 2 49
INDEX NO.:
J REVISION ISECTION I TOWNSHIP
I I
24, 2002 -- 07:05:52
3050 NORTIf HORSESHOE DRIVE. SUITE 270
NAPLES. FLORIDA 34104
Ph. (941) 649-1509 Fax (941) 649-7056
LB No.: 6952
P.'XLond Projects R2XO~-O0 15XdwgXRevis'~ Fees 8-26-02XOO~SSK149.dwg