Parcel 116MEMORANDUM
DATE: July.9, 2003
TO: Ms. Sue Filson, Administrative Assistant
FROM~X~/Margaret J. Kreynus, Acquisition Specialist
RE: Easement Agreement
Golden Gate Parkway, //60027, Parcel No. 116
Jack E. Green and Marilyn Green
Attached is a copy of the Easement Agreement in the amount of $5,250.00
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: Golden Gate Parkway / 60027
PARCEL NO: 116
FOLIO NO: A portion of 38102160001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMcF.,F.,~N,N~ (hereinafter referred to as the "Agreement") is made
and entered into on this ~d'~ day of ~-'-'~'7/,-- , 200~, by and between
JACK E. GREEN and MARILYN GREEN, husban~i and wife, (hereinafter collectively
referred to as "Owner"), whose mailing address is 2050 W. Crown Pointe Blvd. #C113,
Naples, Florida 34112, 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 $5,250.00,
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 expert witness fees and costs as provided for in Chapter 73, Florida
Statutes. County shall pay owners' Attorney's fees which are $726.00 pursuant to
Section 73.091 (1), 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
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.
t~'~, ¢'.J'~ourt, in bankruptcy or a~eedings or on appeal), penalties or fines
a.r¢;I re~ordjn~,~cg.sts for any curative instruments shall be borne and paid by
~,,¢-.~~','.'~.~.c~ 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.
10.
11.
this
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
~ day of ,2003.
'Easement Agreement Page 3
Date Easement acquisition approved by BCC: April 23, 2002
Pursuant to Resolution Number: 2002-302, Agenda Number: 16B1
AS TO PURCHASER:
DATED:q'IT-05
ATTE$,T"'"' .....
DW. ~' ,~.~..~. ~K,' Cie rk
Clerk
.~, ~, ~,., ..... ',%¥ ,,.
AS TO OWNER:
V~tn~s (8~nN~t~
(Print orTy )
',/ (Print or Type) /
BOARD OF COUNTY COMMISSIONERS
BY:
TOI~ H~r~lXYNING, ~hairman
K E. GREEN
Approved as to form and
legal sufficiency:
Heidi F.'-~s~o n
Assistant County Attorney
RIGHT-OF-WAY PER OR 2445/5~09
TRACT 25
EXHIBIT A
BAScoNE OF SURVEY
49740{) 498+00 499~-0D
10' FPL EASEMENT
OR 1163/18~3
PERPETUAL, ON-EXCLUSIVE2
'-WAY DRAINAGE
AND UTILITf ~EASEMENT FL 16
LINE TABLE
LINE BEARING LkNGTH
L1 S00'27'30"E 50.00
L2 SO0'2TTO"E 21,82
L$ : NOo'2T31"W 24,16,,~
GOL
LAMKINS
OR 243g/2730
EXISTING
THE PER~
PROPOSED
?OAD RIGHT-OF
PARCI
2,41
J
10' FPL EASEMENT J
OR 1069/1 ~04
TRACT '26
EN GATE ESTA]
UNIT 29
BOOK 7 PAGE 57
MORANTE
OR 2324/3124
3AOWAY EASEMENT DE
TUAL USE Of THE PUE
PI&T BOOK 7, PAGE 57
A[ )ITIORAL RIGHT-OF-W,~
33o (~LA, T)
ft.
--S
CATEO TO
LIC PER
oo+oo 5o1~.oo
/I NE CORNER
/ TRACT 26
TRACT 35
GREEN
OR 2575/1245
I
EXHI i'T _
Page t cfi
LEGAL DESCRIPTION FOR PARCEL 116
A PORTION CF TRACT 26, GOLDEN GATE ESTATES, UNIT 29 AS RECORDED IN
PLAT BOOK 7, PAGE 57 OF THE PUBLIC RECORDS OF COLLIER COUNT'(,
FLORIDA SITU&TE IN SECTION .30, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 26; THENCE
S.00'27'30"E., ALONG THE EAST LINE OF SAID TRACT 26, A DISTANCE OF
50.00 FEET, TO THE SOUTH LINE OF A ROADWAY EASEMENT (100' WIDE) AS
PER SAID PLAT AND BEING THE POINT OF BEGINNING;
THENCE CONTINUE S.OO'27'`30"E., ALONG THE SAID EAST LINE, A DISTANCE OF
21.82 FEET;
THENCE LEAVING THE SAID EAST LINE, S.88'15'14"W., A DISTANCE OF 105.17
FEET, TO THE WEST LINE OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK
2575, PAGE 1245 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
THENCE N.OO'27'31"W., ALONG THE SAID WEST LINE, A DISTANCE OF 24.16
FEET, TO THE SAID SOUTH LINE;
THENCE N.sg'31'TT'E., ALONG THE SAID SOUTH LINE, A DISTANCE OF 105.14
FEET, TO THE POINT OF BEGINNING.
CONTAINING 2,417 SQUARE FEET MORE OR LESS.
BEARINGS ARE BASEO ON NORTH AMERICAN OATUM
(N,A.O,) lOBS-1990 AOJUSTMENT STATE PLANE
COORDINATE SYSTEM (GRID) FOR FLORIOA EAST
ZONE,
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
0 40 80 160
SCALE: l"=B0'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
GOLDEN GATE PARKWAY IMPROVEMENTS
SKETCIt & DESCRIPTION OF: F'ERPETUAL, NON-EXCLUSIVE ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
PARCEL 1 1 6
COLLIER COUNTY, FLORIDA
dOB NUMBER REVISION TOWNSHIP SCALE
01-0015.11 3 49 1"=80'
INDEX NO.:
Oct 29, 2002 - 10:15:22
ROGER 0. CAR~'~, PROFESSION'AL SU~'~'Y~B & ~.~PPER
FLORIDA REGISTRATION ~ERTIF C~E' N~[ 5702
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISEO EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SUR~YOR AND MAPPER.
3050 NORTH HORSESHOE DRIVE, SUITE 270
NAPLES, FLORIDA 34104
Ph. (94 [ ) 649-1509 Fax (94 ]) 649-7056
LB No.'. 6952
DATE DRAWN BY
10-29-02 REC
P.'\Lond Projects R2\Ol-OO15\dwg~Revised Fees 8-26-02\O015SKllG. dwg
FILE NAME
001 5SK 1 1 6
SHEET
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