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Parcel 133MEMORANDUM DATE: May 22, 2003 TO: Ms. Sue Filson, Administrative Assistant FROM: ~ Margaret J. Kreynus, Acquisition Specialist Easement Agreement Golden Gate Parkway, #60027, Parcel No. 13 3 Theodore Evans, et al Attached is a copy of the Easement Agreement in the amount of $4,400.00 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 133 38106080006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _~__ day of r~ , 2003, by and between, THEODORE EVANS, whose mailing address is 1~)5 Farnham Avenue, Lodi, NJ 07644 and KATHRYN FERRARA, whose mailing address is 17 Hobart Avenue, Short Hills, NJ 07078, with Full Rights of Survivorship and not as Tenants in Common, as to an undivided 213 interest, and LAWRENCE FERRARA, an undivided 1/3 interest, as Tenant in Common, whose mailing address is 17 Hobart Avenue, Short Hills, NJ 07078, (hereinafter collectively referred to as "Owner"), 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 road right-of-way, drainage and utility easement 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 $4,400.00, 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. o 10. 11. 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. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~day of ~I~ ,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: ATTEST: DWIG~/'~.T~,~: ..~:~C'K, Clerk 5 ~ . ~ ~en~tv Clerk AS TO OWNER: BOARD OF COUNTY COMMISSIONERS Tom Henning, Chairman g" DATED: ,..S'"- / Z-¢' .~ ~-ss (Signatu?e) t~ .~t or Type) Wit~ess (Signature) (~rint or lype) THEODO ' ~F(~.~..N~ Witness~ignature) Name: ~~~ ,.~/ (Print or Type) Witness (Signature) C../ (Print or Type) Witness?(,,Signatu re) (Print or lype) Witness (Signature) (j/ Name: ~",nl (_.; J '"") (Print or Type) LAW RE NC'~FE~RAR~''''~ Approved as to form and leg~ sufficiency: Assistant County Attorney · -- EXHIBIT A-- BASELINE OF SURVEY 1[O' ( POINT Or ~ I GOLDEN GATE PARKWAY (ER 886) (.COMMENCEMENTJ r~oAow^Y NW CORNER __ TRACT 66 __ I PROPOSED RIGtlT-OF-WAY --ROAD RIGHT-OF-WAY, DRAINAGE LINE 'fABLE ! AND UTILITY EASEMEhiT -I LINE BEARING LENGTHiPARCEL 1 55 L1 SOO'27'27i;E 50.00 i 2,714 sq. ft. L2 _N. 89'.31 '..37"E 75.46 L3 S00'28'1 l"E 36.90 J L4 N89'12'OO"W_ _64.69 ' "u · L5 N82'21'26"W 10.90 TRACT 65 GOLDEN GATE ESTAIES UNIT,' 29 ,~ ~ ~, TRACT 85 PLAT BOOK,7, PAGE 57 ]'HE PERr~ETUAL USE OF THE PUBLIC PER ; :~ 1 FERRARA, L. FERRARA, L, TWlTTY : OR 2028/1538 ~ OR 2028/1539 OR 23,1/3091 E EARINGS ARE BASED ON NORTlt AMERICAN DATUM IN.A.D.) ' 988-, 990 ADJUSTMEN'f STATE PLANE ~ i J COORDINATE SYSTEM (GRID) FOR FLORIDA EAST 2 ',)NE, LEGAL DESCRIPTION FOR PARCEL 1,.35 A PORTION OF TRACT 66, 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, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT 66; THENCE SoOO'2T2T'E., ALONG THE WEST LINE OF SAID TRACT 66, A DISTANCE OF 50.00 FEET, TO A POINT ON THE SOUTH LINE OF A ROADWAY EASEMENT AS PER SAID PLAT AND BEING THE POINT OF BEGINNING; THENCE N.8g'GI'$7"E., ALONG THE SAID SOUTH LINE, A DISTANCE OF 75.46 FEET, TO THE EAST LINE OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2028, PAGE 1558 OF THE PUBLIC RECORDS OF COLLIER COUN~f, FLORIDA; THENCE S.00'28'1 l"E., ALONG THE SAID EAST LINE, A DISTANCE OF 56.90 FEET; THENCE LEAVING THE SAID EAST LINE, N.Bg'12'OO'W., A DISTANCE OF 64.69 FEET; THENCE N.82'21'26"W., A DISTANCE OF 10.90 FEET, TO THE SAIl} WEST LINE; THENCE N.OO'27'27"W., ALONG THE SAID WEST LINE, A DISTANCE." OF 5,3.92 FEET, TO THE POINT OF BEGINNING. CONTAINING 2,714 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY ROGER (;, C~¢fER, PROFESSIONAL SUf:VEYOR & MAF, PEr~ NOT A BOUNDARY SURVEY FLORIDA REG]g'rRATION CERHFIOA1E NO. §702 FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAI3ED EMBOSSED SEAL OF A FLORIOA REGISTERED PR, OFESSIONAL SURVEYOR AN() MAPPER. C, OLDEN GATE PARKWAY IMPROVEMENTS ' SI(ETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD RIGIIT-0F-WAY, DRAINAGE AND UTILITY EASEMENT ~:~s~,'~ PARCEL 1 33 ]o50 NORTIt ltORSES[-IOE DRIVE, SUtTE 270 NAPLF~$, FLORIDA 34104 COLLIER COUNTY, FLORIDA Ph, (941) 649-1509 F~x (941) 649-7056 LB No.: 6952 01-0015.11 2 50 49 26 Il"= 80' 9-16-02 REC 0015SK153 1 OF I LINE 'fABLE LINE BEARING LENGTH L1 SOO'27'27i;E 50.00 L2 _N, Bg'51 '37"E 75.46 L3 S00'28'1 l"E 36.90 L4 N89'12'OO"W 64.69 L5 N82'21'26"W 10.90 L6 NOO'2T27"W 53.92 Sep 16, 2002 - 08:.39:07 M.'\Lond Projects R2~Ol-OOlS\dwg\Revised Fees 8-26-02\O015SK1JJ.dwg