Parcel 126MEMORANDUM
DATE: May 20, 2003
TO: Ms. Sue Filson, Administrative Assistant
FROM:..,~argaret J. Kreynus, Acquisition Specialist
RE: Easement Agreement
Golden Gate Parkway, #60027, Parcel No. 126
Maria Leonor H. Santos, a single woman
Attached is a copy of the Easement Agreement in the amount of $20,000.00 ready for
execution by Chairman Tom Henning. This represents a settlement in the amount of the
County's offer.
Resolution No. 2002-203, adopted by the Board of County Commissioners on April 23,
2002 (agenda item no. 16B1), authorized the acquisition of easements and/or fee simple
parcels required for the construction of the six lane improvements to Golden Gate
Parkway, and further authorized its Chairman to execute various Agreements on behalf of
the Board. Most recently, January 14, 2003, the Board adopted Resolution No. 2003-37
(agenda item no. 10 A) authorizing the acquisition of right-of-way by condemnation, if
necessary. Please ask Chairman Henning to execute the attached Easement Agreement
on behalf of the Board of County Commissioners, and forward to the Clerk of Minutes
and Records for attestation. Thank you.
PROJECT:
PARCEL:
FOLIO:
Golden Gate Parkway, #60027
126,726
38104840002
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between MARIA LEONOR H. SANTOS, a single woman,
(hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision
of the State of Florida, its successors and assigns (hereinafter referred to as the
"Purchaser");
WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for road
right-of-way, drainage and utility easement, (hereinafter referred to as the "Easement")
over, under, upon and across the lands described in Exhibit "A", which is attached
hereto and made a part of the Agreement, described as follows, to wit;
SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference;
WHEREAS, the Purchaser requires a non-exclusive Temporary Driveway
Restoration Easement (hereinafter referred to as "TDRE") over, under, upon and
across the Owner's lands, for reconstruction of the existing driveway, described in
Exhibit "B", which is attached hereto and made a part of the Agreement, described as
follows, to wit;
SEE ATTACHED EXHIBIT "B", which is incorporated herein by reference;
WHEREAS, the Owner desires to convey the Easement and the TDRE
(hereinafter collectively referred to as "Properties") to the Purchaser for the stated
purposes, on the terms and conditions set forth herein;
WHEREAS, the Owner desires to be compensated for the Properties as well as
any improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the
conveyance of the Properties and for the improvements located thereon.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser the Properties in exchange for the sum of
$20,000.00, broken down as follows:
Easement
Temporary Driveway Restoration Easement
Improvements
Incentive
Negotiated Differential
TOTAL:
$ 9,300.00
$ 100.00
$ 4,800.00
$ 3,800.00
$ 2,000.00
$20,000.00
Owner accepts the above compensation as full payment for the Properties,
and for all landscaping, trees, shrubs, improvements and fixtures located thereon, and
for any damages resulting to the remainder, if less than Owner's entire property was
taken, and for all other damages in connection with the conveyance of said Properties
to Purchaser, including any attorney fees, expert witness fees and costs pursuant to
Chapter 73, Florida Statutes.
2. Purchaser shall pay Owner by County Warrant.
3. This Agreement shall be null and void, and of no further force or effect, unless
closing shall occur within ninety (90) days from the date Purchaser executes this
Agreement; provided; however, that Purchaser shall have the unilateral right to extend
the term of this Agreement, pending receipt of all properly executed instruments
affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver
the County Warrant to Owner and Owner shall deliver the Properties to Purchaser in an
instrument acceptable to Purchaser.
4. Prior to the closing, Owner shall obtain from the holders of any and all liens,
encumbrances, exceptions, or qualifications in and to the Easement, the execution of
such instruments that will, upon their recording in the Public Records of Collier County,
Florida, clear any and all encumbrances from the Easement. Such instruments shall be
provided to Purchaser on or before the date of closing.
5. 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.
6. Owner represents that the Properties and all uses of the Properties 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 Properties except as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on any property contiguous to or in
the vicinity of the Properties to be sold to the Purchaser, that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the Properties, b)
any existing or threatened environmental lien against the Properties or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment, spill or
transfer of hazardous substances on the Properties. This provision shall survive closing
and is not deemed satisfied by conveyance of title.
7. 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 6. This provision shall survive closing and is not deemed satisfied by
conveyance of title.
8. The Purchaser shall pay for all costs of recording the conveyance instruments
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 the securing and
recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the Easement from the mortgagee(s). The cost of a title commitment shall be
paid by the Purchaser.
9. 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.
10. If the Owner holds the Properties 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 Properties before the Properties held in such capacity is conveyed to
Purchaser, its successors and assigns. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
11. Conveyance of the Properties, or any interest in the Properties, 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.
12. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN_~CVlTNESS WHEREOF, the parties hereto have executed this Agreement on
this~i~- day of N't~Ju ,2003.
Dated Project/Acquisition Approved by BCC:
Gift and Purchase Resolution No. 2002-203, Agenda Item No. 16B1, Date 4/23/2002
Condemnation Resolution No. 2003-37, Agenda Item No. 10A, Date 1/14/2003
AS TO PURCHASER:
DATED:
DW;I'~rC¢,'I~ ~,~, Clerk
DATEb':'
Witness (Signature)
Name: ~
(Print or Type)
Name:
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER,~NT~TRIDA
BY: ~-.d~~_
Tom Henning, Chairman
Maria Leonor H. Santos
Approved as to form and
.~/_.1 sufficiency:..~ ~
Ellen T. Chadwell
Assistant County Attorney
EXHIBIT A
SANTOS LICHLITER
OR 1439/1106 OR 1059/469
TRA~T '54
GOLDEN GATE ESTATES
UNIT, 29
TRACT 5,3 PLAT BOOK 7 PAGE 57 ~ TRACT 67
THE PE PETUAL USE OF THE PUBLIC PER
:I~pLAT BOOK 7' PAGE 57
~ = PROPOSED AODITIONAL RIGHT-OF-WAY
'---- LINE TABLE
PERPE"UAL, NON-EXCLUSIVE -- ~,
ROAD RIOHT-OF-WAY, DRAINAGE-.~ LINE BEARING LENGTH~
AND' UTILITY EASEMENT ~ L1 NOO'27'29"W 50.00
PARCEL 126 ~ L2 N00'2T29"W 60,12 ~_,
8,141 sq, ft. ~ L3~__ S82'22'5T'E 39.14
L4 S00'2T30"E 52.14
PROPOSEO RIGHT-OF-WAY
',
SW/BP : SIDEWALK / BIKE PATH
KO' ROW EASEMENT SW/BP OR I043/1872 J
ROADWAY EASEMENT PER PLAT
, BASELINE OF SURVEY
C POINT OF /
~,COMMENCEMENTJ 5 )'
SW CORNER
TRACT 54-
LEGAL DESCRIPTION FOR PARCEL 126
A PORTION OF TRACT 54, GOLDEN GATE ESTATES, UNIT 29 AS RECORDED IN
, PLAT BOOK 7, PAGE 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA SITUATE IN SECTION 50, TOWNSI41P 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT 54; THENCE
N.OO'27'29"W., ALONG THE WEST LINE OF SAID TRACT 54, A DISTANCE OF ,
50.00 FEET, TO A POINT ON THE NORTH LINE OF A ROADWAY EASEMENT
(100' WIDE) AS PER SAID PLAT AND BEING THE POINT OF BEGINNING;
THENCE CONTINUE ALONG THE SAID WEST LINE, N.OO'2T29"W., A DISTANCE
OF 60.12 FEET; THENCE LEAVING THE SAID WEST LINE, S.82'22'3T'E., A
DISTANCE OF 39.14 FEET; THENCE S.89"12'00"E., A DISTANCE OF 111.04
FEET, TO THE EAST LINE OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK
1439, PAGE 1106 OF THE PUBLIC RECORDS OF COLLIER COUNTY,. FLORIDA;
THENCE S.00'27'30"E., ALONG THE SAID EAST LINE, A DISTANCE OF 52.14
FEET, TO THE SAiD NORTH LINE;
THENCE S.89'51'37"W., ALONG THE SAID NORTH LINE, A DISTANCE OF
149.77 FEET, TO TIdE POINT OF BEGINNING. .
CONTAINING 8,141 SQUARE FEET, MORE OR LESS.
BEARINGS ARE BASED ON NORTH AMERICAN DATUM
(N,A.D.) 19§8-1990 ADJUSTMENT STATE PLANE
SKETCH & DESCRIPTION ONLY --- B~"R0 rE
· ' , SURVEYOR & MAPPER
NOT A BOUNDARY SURVEY SCAL~: 1"=80' FLORIDA REOISTRA~ON CERIIFICATE NO 5702
NOT VALID WITHOUT 1HE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. I
SKETCIt & DESCRIPTION 017: PERPETUAL, NON-EXCLUSIVE ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT - -C~I~S~L~
PARCEL 1 a 6 3050 NORTH itORSESI [OE DRIVE, SUITE 270
NAPLES, FLORIDA 34104
COLLIER COUNTY, FLORIDA pi,. (941) 649-1509 Fax (941) 649-7056
LB No.: 6952
01-0015.1 1, 2 30 49 26 11 "= 80' 9-1 1-02 REC 00155K126 1 OF 1
LINE TABLE
LINE BEARING LENGTH
L1 NOO'27'29"W 50.00
L2 N00'27'29"W 60,12
L3~__ S82'22'ST'E 39.14
L4 S00'27'30"E 52.14
INDEX NO.: Sep 11, 2002 - 15:57:15 M:\Lond Projects R2\Ol-OOlS\dwq~Revised Fees 8-26-02\O015Sl(126,dwq
~wr i
EXHIBIT B
TRACT 53
,350 (pLA
SANTOS
OR t459/1106
TRA(
GOLDEN GA
PLAT BOOK
LINE TABLE
LINE I BEARINO
'L1 [ SBZ22'37"E
~ N00'41'40"W I 11,00
c%__~'&.'12'oo"E1 2~.oo--
54
TE ESTATES
' 7 2PgAGE 57
LICHLITER
OR 1059/469
TEMPORARY
RESTORATION EASEMENT
(DURATION: $ YEAR8 FROM
z
51(
TRACT 67
L4 PROPOSED RIGHT-OF-WAY---
Lfi
~ ] = SIDEWALK / BIKE PATH
ROW EA__SENt_.EN'r SW/BP OR 1040~1815 10' ROW EASEUEN'[ SW/BP OR 1043/1B72 ~
SM/BP = SIDEWALK / BIKE PATH GOLDEN GATE PARKWAY (CR 886
SW CORNER
TRACT 54
LEGAL DESCRIPTION FOR PARCEL 726
A PORTION OF TRACT 54, GOLDEN GATE ESTATES, UNIT 29 AS RECORDED IN
PlAT BOOK 7, PAGE 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA SITUATE IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
COMMENCE Al' THE SOUTHWEST CORNER OF SAID TRACT 54;
THENCE N.OO'27'29"W., ALONO THE WEST LiNE OF SAID TRACT 54, A
DISTANCE OF 'tl0.12 FEET;
THENCE S.82'22'57"E., A DISTANCE OF 59.14 FEET;
THENCE S.89'12'00"E., A DISTANCE OF 69.61 FEET TO THE THE POINT OF
BEGINNING.
THENCE N.OO'41'40"W., A DISTANCE OF 11.00 FEET; THENCE S.89'12'00"E.,
A DISTANCE OF 21.00 FEET; THENCE S.00'41'40"E., A DISTANCE OF 11.00
FEET; THENCE N.89'12'OO"W., A DISTANCE OF 21.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 251 SQUARE FEET, MORE OR LESS.
BEARINGS ARE BASED ON NORTIt AMERICAN DATUM
(N.A.D.) 1988-1990 ADJUSTMENTSTATE PLANE
COORDINATE SYSTEM (GRID) FOR FLORIDA EASE
ZONE.
0 40 80 160 ~"],// ~
ROG 0 ,~ MAPPER
FLORIDA REGISTRATION CERTIFICATE NO. 5702
NOT A BOUNDARY SURVEY SCAL~: Z"=80' S~NmNC uA'rs; ,¢~
-
NOT VAUP WITHOUT fltE ORIOI~L SIGNATURE A RAISED EMBOSSED ~EAL OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA ~EGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
GOLDEN GATE PARKWAY IMPROVEMENTS
SI(ETCH &: DESCRIPTION
PARCEL 726
COLLIER COUNTY, FI,0RII)A
dOB NUMBER I REVISIONI sECTio~'I TOWNSHIP I RANOE I SOA,.E
01-0015.11 2 I 30 / 4_o I I "=so'
INDEX NO.:
Sep 18, 2002 - 11.-20:09
I DATE
] 9-18-02
3050 NOR'I'H HORSESHOE DRIVE, SUITE 270
NAPLES, FLORIDA 34104
Ph. (941)649-1509 Fax (941) 649-7056
LB No.: 69.52
DRAWN BY I FILE NAME SHEE1-
REC] 00155l<-/26 1 OF