Parcel 166TO:
FROM:
DATE:
RE:
Memorandum
Sue Filson
Executive Manager
Board of County Commissioners
Debbie Armstrong
Acquisition Specialist
Transportation - Right-of-Way Office
July 18, 2002
Golden Gate Parkway, Project No. 60027
Parcel 166
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 ill may be of any
assistance. Thank you.
Thank you.
Attachment
Transportation Right-of-Way Office
PROJECT:
PARCEL:
FOLIO:
Golden Gate Parkway #60027
166
38100040000
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between JOHN W. SCHIEBEL and SANDRA G.
NEWBY SCHIEBEL, Husband and Wife, (hereinafter referred to as "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 Road Right-of-
Way, Drainage and Utility Easement, (hereinafter referred to as the "Easement") over,
under, upon and across a portion of Owner's lands described as follows, to wit:
(See EXHIBIT "A" attached hereto and incorporated herein by reference): and
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Owner desires to be assured that a future right-of-way permit for a
driveway connection to 70th Street SW on the cul de sac which is to be constructed
within the Easement will not be unreasonably withheld by Purchaser, as long as the
permit applicant meets all requirements and conditions of the permit; and
WHEREAS, Owner desires to be compensated for the Easement as well as any
improvements located thereon and/or affixed thereto; and
WHEREAS, Purchaser has agreed to compensate Owner for the conveyance of
the Easement, and
WHEREAS, Purchaser has agreed to replace Owner's driveway apron serving the
principal residence, after the replacement of the roadside drainage culvert, with an
apron constructed of steel-reinforced, six-inch thick, 3,000 psi rated concrete, and to
construct concrete curbing on either side of the new driveway apron; and
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. The foregoing recitals are true and correct and are incorporated herein as part of
this Agreement.
2. Owner shall grant Purchaser the Easement in exchange for the sum of
$13,500.00 which is full and fair compensation for the Easement, and for all
landscaping, trees, shrubs, improvements and fixtures located thereon, including
compensation to Owner for the relocation of Owner's existing 3-rail vinyl fencing
located within the Easement area onto Owner's property just beyond the
Easement area, 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 Easement to Purchaser, including all attorneys' fees,
expert witness fees, and other costs as provided by Chapter 73, Florida Statutes.
3. Upon the proper application by Owner, or Owner's successors in interest, and
payment of the required application fee, Purchaser shall issue a right-of-way
permit for a driveway connection to 70th Street SW on the cul de sac which is to
be constructed within the Easement.
4. Purchaser shall replace Owner's driveway apron serving the principal residence,
after the replacement of the roadside drainage culvert, with an apron constructed
of steel-reinforced, six-inch thick, 3,000 psi rated concrete, and to construct
concrete curbing on either side of the new driveway apron
5. Purchaser shall pay Owner by County Warrant.
6. 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 Easement. At closing,
Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the
Easement to Purchaser in a form acceptable to Purchaser.
7. 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.
8. 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.
9. Owner represents that the Easement property, and all uses of 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 Easement 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 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 Easement, b) any existing or threatened
environmental lien against the Easement or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the Easement. This provision shall survive closing
and is not deemed satisfied by conveyance of title.
10. 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.
11.The Purchaser shall pay for all costs of recording the conveyance instruments in
the Public Records of Collier County, Florida and all other costs associated with
this transaction including but not limited to institutional processing fees and
recording costs for any curative instruments. The cost of a title commitment shall
be paid by the Purchaser.
12.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.
13. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this 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.
14. 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 ~- dayof .._T~L~ ,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 ~..U,R~,~,ER:
~.-~'~ :. '~~_e_'~u[yClerk
AS TO OWNER:
"Witness ~-~3ignatuf~)' ' '
(Print or Type)
'~/itneSs (Signature) -
BOARD OF COUNTY COMMISSIONERS
COLLIER,~NT.~ORI DA
BY: '-'~~~ _ Tom Henning, Chairman ~
John W. Schiebel
Name:_~L¢~,,~/~ ,,~/df~ ..~/~:O,,u (~
(Print or Type)
'-WitneSs (Signatur~ C.~;
(Print or Type)
Witness (Sig6"atu re)
sac~ra G. New~'y Schieb~---~' -'
Name: .~-T_ ~/~'/_~
(Print or Type)
Appr.,~/ed as to form and
le~l~ufici~ncy:/~/~
Assistant County Attorney
EXHIBIT A
TRACT 2
POINT OF
COMMENCEMENTJ
NE CORNER
TRACT 1
SCHIEBEL
OR 2254/53
. ~N1 LINk, 1ABLE
L E BEARING LENGTH
L SBS'32'OS"W 30.00
L2 ssg'3T14"W 25.00
~ L3 N65'47'11~E 27.31
TRACT 1
GOLDEN GATE ESTATES
UNIT 29
PLAT BOOK 7 PAGE 57
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGL
AND UTILITY EASEMENT
PARCEL 166
5,074 sq. fi.
TRACT 29 ~
GRAN
TRACT 30
GOLDEN GATE ESTATES
UNIT 29
PLAT BOOK 7 PAGE 57
PROPOSED RIGHT OF WAY
E
0
693.88' (PLAT)
~'-"~/'~ = EXISTING ROADWAY EASEMENT DEDICATED TO
THE PERPETUAL USE OF THE PUBLIC PER
PLAT BOOK ?, PAGE 57
= PROPOSED ADDITIONAL RIGHT-OF-WAY
160' DRAINA( EASEMENT
660' (PLAT) ~//
EXHIBIT
Page I of
LEGAL DESCRIPTION FOR PARCEL 166
A PORTION OF TRACT 1 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, COLLI--R COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 1; THENCE S.O0'2T51"E., ALONG THE EAST LINE
OF SAID TRACT 1, A DISTANCE OF 225.61 FEET; THENCE LEAVING THE SAID EAST LINE, S.§9',32'09"W. ,
A DISTANCE OF 50.00 FEET, TO A POINT ON THE WEST LINE OF A ROADWAY EASEMENT (60' WIDE) AS
PER SAID PLAT AND BEING THE POINT OF BEGINNING.
THENCE S.00'27'51"E., ALONG THE SAID WEST LINE, A DISTANCE OF 128.48 FEET, TO A POINT ON THE
NORTH LINE OF (160' WIDE) DRAINAGE EASEMENT AS PER SAID PLAT;
THENCE S.89'37'14"W., ALONG THE SAID NORTH LINE, A DISTANCE OF 25.00 FEET;
THENCE LEAVING THE SAID NORTH LINE, N.OO"27'51"W., A DISTANCE OF 117.44 FEET;
THENCE N.65'4T11"E., A DISTANCE OF 27..31 FEET, TO THE POINT OF BEGINNING;
CONTAINING 5,074 SQUARE FEET, MORE OR LESS.
BEARINGS ARE BASED ON NORTH AMERICAN DATUM
(N,A.D.) 1988-1990 ADJUSTMENT STATE PLANE
COORDINATE SYSTEM (GRID) FOR FLORIDA EAST
ZONE.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
0
40
J60
BY:RoGER G. CART~FJ~, PROFESS(ONAL ~IJR~,YOR '&' MAPPER
FLORIDA REGISTRATIO~ C[RTIFICXTE IN0.. ~702
scum ,o' O TE:
NOT VALID WITHOUT THE ORIGINAL SIGNATURE ~ RAISED EMBOSSED SE~ OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND M~PER.
GOLDEN GATE PARKWAY IMPROVEMENTS
SKETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
PARCEL 166
COLLIER COUNTY, FLORIDA
JOB NUMBER REVISION
01-0015.11 2
INDEX NO.: Oct 01, 2002 - 06:59:57
SCALE DATE DRAWN
49 1 "= 80' 10-01-02 RFC
P:\Lond Projects R2\Ol-OO75\dwg\Revised Fees 8-26-02\O0155K166, dwg
3050 NORTH HORSESHOE DRIVE, SUITE 270
NAPLES, FLORIDA 34104
Ph. (941) 649-1509 Fax (94 l) 649-7056
LB No.: 6952
FILE NAME SHEET
0015SK166 1 OF