Parcel 135MEMORANDUM
DATE: May 27, 2003
TO: Ms. Sue Filson, Administrative Assistant
FROM: ~ Margaret J. Kreynus, Acquisition Specialist
Easement Agreement
Golden Gate Parkway, #60027, Parcel No. 135
Anthony L. Buonpane, et al
Attached is a copy of the Easement Agreement in the amount of $4,600.00 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
135
38106040004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this 15~ day of ~e , 2003, by and between,
ANTHONY L, BUONPANE, an undivided 113 interest, RITA FERRARA and GRACE
T. BUONPANE, an undivided 113 interest, whose mailing address is 31 Meyersville
Road, Gillette, NJ 07933-1200 and LAWRENCE FERRARA an undivided 1/3 interest,
whose mailing address is 17 Hobart Avenue, Short Hills, NJ 07078 as Tenants in
Common, (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 easement for 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 $4,600.00,
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 2_q 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: , , ......... ·
DWIGHT E?,'~B .~.. ~'-';-Clerk
AS TO OWNER:..-
Wi~i~nature~
(~rint or lype)
~ne~s (Sig~at6¢e) ~
Name:
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER~INTY.~/ORIDA.
BY: ~-.J~~ .
Tom Henning, Chairman ~
ANTH'ONY~. BU~:~AN E
Name: ~y'~/~ C/~'7-
/O (Priht~ r Type)
(Print or Type)
RITA FERRARA
Wit~ignat~re~
(Prirft 6r Type)
W~itn~ss (Sigriature~
Name:.c/~,'.~r,o.,', :r~o4
(Print or Type)
Witn e~(S i~l n-a'~'~e).-'
Wit"~ess (Sign~atu're) ~
Name: ~ ~ !
(Print or Type)
~LAM/RENCE FERR~(~"~'
Approved as to form and
legal sufficiency:
Assistant County Attorney
BASELINE OF SURVEY 1( :)'
~' POINT O F--~ ~//// GOLDEN GATE PARKWAY (CR
LINE TABLE ~1 / i ] ~ --
i L1 N89'51'57"E _ 75.45 : ~ / ~ PROPOSED RIGHT-OF-WAY
L2 S00128'.11',? 50.00 : ff PERPETUAL NON- FXCLUSIVE
L5 ; NBg 31,57.E 75.00 ~ ROAD' RIGHTZOF-WA~, DRAINAGE
L4 i s00'28 11 E: 58.56 AND UTILI~ EASEMENT
~ L5 N89'12'OO"Wi 75.02 I PARCEL 1~5
THE PERPETUAL ~ USE OF THE PUBLIC ~ER
P~T BOOK 7, PAGE 57
TRACT 66
TRACT 65 GOLDEN G~TE ESTATES'~ ~ ~ TRACT 85
J _ FERRARA, L. FERRARA, L.
BEARINGS ARE BASED ON NORIH AMERICAN DATUM
(N.AD.) 1988=1990 ADJUSIMENr SLATE PLANE
COORDrNAfE SYSfEM (GRID) FOR FLORIDA EAST
LEGAL DESCRIPTION FOR PARCEL 135
A PORTION OF TRACT 66, GOLDEN GATE ESTATES, UNIT 29 AS RECORDED IN P~T BOOK
7, PAOE 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SITUATE IN SECTION
30, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNt, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTFtWEST CORNER OF SAID TRACT 66; THENCE N.89"51'37"E.,
ALONG THE NORTH LINE OF SAID TRACT 66, A DISTANCE OF 75.45 FEET, TO THE WEST
LINE OF I_AND DESCRIBED IN OFFICIAL RECORDS BOOK 2028, PAGE 1559 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.OO'28'11"E., ALONG THE SAID WEST
LINE, A DISTANCE OF 50.00 FEET, TO A POINT ON THE SOUTH LINE OF A ROADWAY
EASEMENT (100' WIDE) AS PER SAID PLAT AND BEING THE POINT OF BEGINNINO;
THENCE LEAVING THE SAID WEST LINE, N.89'31'37"E., A DISTANCE OF 75.00 FEET, TO
THE EAST LINE OF SAID OFFICIAL RECORDS BOOK;
THENCE S.00'28'11"E., ALONG THE SAID EAST LINE, A DISTANCE OF 58.56 FEET;
THENCE LEAVING THE SAID EAST LINE, N.89'12'00"W., A DISTANCE OF 75.02 FEET, TO
THE SAID WEST LINE;
THENCE N.O0'28'll"W., ALONG THE SAID WEST LINE, A DISTANCE OF 36.90 FEET, TO THE
POINT OF BEGINNING.
CONTAINING 2,830 SQUARE FEET, MORE OR LESS.
o
ROGER O. C~ER, PNOf'ESSIOi4/,,L SURVEYOR ~ A4APPER
NOT A BOUNDARY SURVEY SCALE: t':=80' FLORIDA REGISTRATIOH 6~2]I~ICAIE NO. 5702
NOT VALID WID~OUf THE ORIGINAL S}ONA~URE & RAISED EMBOSSED SEAl. OF
FOR: COLLIER COUNTY GOVERNMENt BOARD OF COUNTY COMMISSIONERS A FLORIDA REClSTEREO PROFESSIONAL SURVEYOR ;.NO MAPPER
GOLDEN GATE PARI(I'VAY IMPROVEMENTS "~~ '~"
SKETCIt ~ DESCRIPTION OF: PERPETUAL, NON-EXOLUSIVE ROI9 ·
RIOIIT-OF-lVAY, DI~AI~AGE A~9 UTILITY EASEMENT ,;~s~ ,
PARCEL 135 ]050 NORTH HORSESrlOE DRIVE, SUITE 270
NAPLES, FLORIDA 34104
COLLIE~ COUNTY, FLOI~II)A Ph.(94~)649.1509 r~(941)649-?0fi6
~ .... I.B No.: 69~2
JOB NUMBER ] REVISION I SECTION I TOWHSHIP [ RANGE I SCAI_E [DALE I DRAWN BY [ FII_E NAME I SHEET
O~-0015.ql 2 30 49 26 1"= 80' 9-16-02 REC 0015SK~55
LINE TABLE
LINE BEARING LENGTH
L1 N89'51 '57"E 75.45
L2 S00'28' 11 "E 50.00
L5 NBg'31 '57"E 75.00
L4 S00'28' 11 "E 58.56
L5 NBg'12'OO"W i 75.02
L6 N00'28' 11"W 56.90
INDEX kiD.: Sep 16, 2002 - 09:56'39 M:\.Land Projects R2~Ol---OOlS~dwg~Revised Fees 8-26-02~OO15Sl(1..~5.dwg