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Parcels #147 & #947MEMORANDUM DATE: TO: FROM: August 15, 2003 kd~Is. Sue Filson, Administrative Assistant Margaret J Kreynus, Acquisition Specialist Easement Agreement Golden Gate Parkway, #60027, Parcel No. 147, 947 Alfred B. Southall, Jr., Individually and as Trustee Attached is a copy of the Easement Agreement in the amount of $7,750.00 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: 60027 PARCEL Nos.: 147, 947 FOLIO NOs.: EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this (~k day of f:~dS.,~ , 2003, by and between ALFRED B, SOUTHALL, JR., INDIVIDUALLY AND AS TRUSTEE OF THE ALFRED B. SOUTHALL, JR. REVOCABLE TRUST AGREEMEENT DATED 20TM DAY OF APRIL, 1999 (hereinafter referred to as "Owner"), whose mailing address is P. O. Box 127, Naples, Florida, 34106-0127 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-exclusi~/e Road Right-of-Way, Drainage and Utility Easement and a Utility Anchor EasemenT, unaer, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easements"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Easements 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 Easements; 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 Easements to Purchaser for the total sum of $7,750.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Easements 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 Easements to Purchaser, including all attorney 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 Easements, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easements 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 thirty (30) 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 Easements, 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 Easements 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 Easements 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 Easements; b) any existing or threatened environmental lien against the property underlying the Easements; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easements. 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 Easements 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 Easements 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. If the Owner holds the property underlying the Easements 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 Easements before the Easements 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.) Easement Agreement Easement Agreement Page 3 11. 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 t~U, day of /~jo~-~t' ,2003. Date Easement acquisitions approved by BCC: G& P Resolution 02-203. AS TO PURCHASER: DATED: ATTEST: DWIGH~E~Z~&D~.K,.,., ~ Clerk ?:- : ' ,,:-~eCUty131e~k AS TO OWNER: DATED: Witnes~ (Signatu Name: ./)/}r~;~LL~ (Print or Type) Name: (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER ~TY,.,~IDA . ALFRED B. SOUTHALL, JR., INDIVIDUALLY, AND AS TRUSTEE OF THE ALFRED B. SOUTHALL, JR. REVOCABLE TRUST AGREEMENT DATED THE 20TM DAY OF APRIL, 1999. BY: Approved as to form and sufficiency: Ellen T. Chadwell Assistant County Attorney Easement Agreement EXIIIlI1T A TRACT 66 10' WIDE ANCHOR EASEMENT --~ PARCEL 947 lOO sq. ft. N 00'27'45" W 10,00"--~ z I0' ROW ESMT 570+00 SOUTIIALL ]RUSl OR 2719/3426 89'32'15" E 10.00' 350 (PRAT) PERRY OR 2542/3205 TRACT GOLDEN GATE UNI f PLA'[ BOOK NAPll:S []RIDG£ CENIER, INC. OR 8?7/$642 75 ES IA1 ES 0 PAGE 58 I //--SOO'27'45"E PRDP()S[ D RIGttI-OF-WAY ~_ S89'31'37"W SW/BP - SlI)EWAIK / BIKE PAIH 10.00' ~_~N-~-~-'i GOLDiEN GATE PARKWAY (CR 886)  BASELINE OF SURV~ ~COMMENCEMEN fJ SW CORNER TRACT 75 ~ EX~BIT 1RACT 82 LEGAL DESCRIPTION FOR PARCEL 947 A PORIlON OF TRACF 75 GOLDEN GATE ESTAIES, UNII' 50 AS RE ......... PLAI' BOOK 7, PAGE 58' OF TIlE PUBLIC RI.'iCORDS OF COLLIER C SITUATE IN SECEION 29, IOWNSHIP 49 SOU'IH, R, ANGE 26 EASI', ( COUNIY, FLORIDA BEING MORE PARI'ICULARLY DESCRIBE[) AS rOLL COMMENCE Al' THE SOUTHWEST CORNEl? OF SAIl} 1RACF 75; 1HEF N.OO'27'45"W., ALONG IHE WEST LINE OF SAIl) 'IRACT 75, A DISTt FEET, TO lite POINF GE BEGINNING; 1HENCE CONIlNUE N.OO'27'45"W., ALONG litE SAID WEST LINE, A 10.00 FEE]; THENCE LEAVING THE SAID WEST LINE, N.89'52'lS"E., A DISTANCE ur FEET; THENCE S.O0'2T45"E., A DISTANCE OF 10.00 I EET; THENCE S.89'51'ST'W., A DIS1-ANCE OF 10.00 FEE[, lO THE POINT OF BEGINNING; CONTAINING 100 SQUARE FEET, MORE OR t. ESS. i U.UU BEARINGS ARE BASED ON NORIH AMERICAN DATUM (N.A.D,) 1988-1990 ADJUSIMENT SLATE PLANE COORDINAfE SYSIEM (GRID) FOR FLORIDA EASfZONE. 0 40 BO SI(ETCH & DESCRIPTION ONLY ~--~~~ . 'ROGER g. C~--[R, PROFESSIONAL SURVEYOR & MAPPER NOT A BOUNDARY SURVEY HOT vA[rD WlfflOUf FOR: COLLIER COUN~ GOVERNMEIqT BOARD OF COLJNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSIONAL SU~EYOR Al.lO MAPPER. GOLDEN GATE PARKWAY IMPROVEMENTS SKETCtt & DESCRIPTION OF: A 10' WIDE ANCIIOR EASEMENI' PARCEL 947 COI,LIER COUNTY, FLORIDA 01-0015.11 ~H 2 49 INDEX NO.: Sep 26, 2002 - 12:46:0J ]gSO NORTII IIOItSESIIOI'; DRIVE, StR'IE 270 NAPLES, FLORIDA ]411}4 Ph. (941) 649-1509 Fax (941) 649-7056 LB No.: 6952 P:\Land Projects R2\Ol-OOtS\dwg\Revised Fees 8--26-02\OOlSSK947. dwq SHEFT 1 OF EXttlBIT A i LINE TABLE ~ ' LINE J BEARINO I LENGTHJ ' L~I UOO'27'45"w 56.b0] L2 J NOO'27'45"W J 33.06] ','L3 { SOO'2T45"E.'J 33.00~ TRACT 66 ANCHOR ESMT ~ SOUTHALL TRUST OR 2719/3426 J,,/Iq 89"31'37~' E 105.00'/ 10' R~)W ESMT 'T'~;~W/B---"~R 1~B33'~7~E 330 (PLAT) PERRY OR 2542/3205 TRA GOLDEN G/ UNI- PLAT BOOK :XISTING; ROADWAY EAS NAPLES BRIDGE CENTER, INC. OR 877/1642 75 rE ESTATES 30 7 PAGE 58 MENT DEDICATED TO ritE PERPEIUAL USE C : TIlE PUBLIC PER PLAT BOOK 7. PAGE 58 POSED ADDITIONAL RI~-oF-WAY PERPETUAL NON-EXCLUSIVE ROAD R GHT-OF-WAY, DRAINAGE AND UTILITY E~ASEMENT PARCEL ,147 ft. sw/~P ; s¥/~P oR ~o5o~57s 5W CORNER TRACT 75 PROPOSED RIGHT-OF-WAY SIpEWALK / BIKE PATH sw/SP OR ~o4o/~a'34-- GOLDEN GATE PARKWAY (CR 886) R. OAI~iWAY EASEMENT PER PLAT / ~oo / ~oo BASELINE OF SURVEY EXHIBIT TRACT 82 E LEGAL DESCRIPTION FOR PARCEL 147 A PORTION OF TRACT 75 GOLDEN GATE ESTATES, UNIT 30 AS RECORDED IN PLAT BOOK PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SITUATE IN SEC}ION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT.75; THENCE N.OO'27'45"W., ALONG THE WEST LINE OF SAID TRACT 75, A DISTANCE OF 50.00 FEET, TO A POINT ON THE NORTH LINE OF A' ROADWAY EASEMENT (100' WDE) AS PER SAID-PLAT AND BEING THE POINT OF BEGINNING; THENCE CONTINUE N.OO'27'45"W., ALONG THE SAID WEST LINE, A DISTANCE OF 5.3.00 FEET; THENCE LEAVING THE SAID WEST LINE, N.89'31'37"E., A DISTANCE OF 105.00 FEET, TO THE EAST LINE OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2719, PAGE .3426 OF THE PUBLIC RECORDS OF COLLIER COUNI¥, FLORIDA; THENCE S.OO'2T45"E., ALONG THE SAID EAST LINE, A DISTANCE OF 33.00 FEET, TO THE SAID NORTH LINE; THENCE S.89'51'57"W., ALONG THE SAID NORTH LINE, A DISTANCE OF 105.00 FEET, POINT OF BEGINNING; CONTAINING 3,465 SQUARE FEET, MORE OR LESS. ' BEARINGS ARE BASEO ON NORTN AMERICAN DATUM (N,A.B,) 1988:-1990 ADJUSTMENT STATE PLANE COORDINATESYSIEM(GRID) FORFLORIDAEAST ZONE. 0 40 80 SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCALE: 1"=80' FOR: COLLIER COUNTY GOVERNMENT BOARO OF COUNTY COMMISSIONERS ROGE C. CA~TER, PROFESSIONAL SURVEYOR & MAPPER REGISTRATION CERTIFICATE NO. SIGNINGFLOR'OA DATE: ~- ~ ~'"~ 5702~ NOT VALID WH'JtOUI TIlE ORIGINAL SIBNA'[URE 1,, RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT PARCEL 147 COLIJER COUNTY, 'FLORIDA 01-0015.11 2 ' 49 I 2~ 11"=8o' INDEX NO,; Sep 23, 2002 - 1J:gJ:54 DATE I DRAWN BY 9-23-02 REC P:\LoRd Projects R2\OI-OO15~dwg\Revised Fees 8-26-02\O015SK147. dwg 3050 NORTH HORSESHOE DRPdE, SUITE 270 NAPLES, FLORIDA 34104 Ph. (941) 649-1.509 Fax (941) 649-7056 LB No.: 6952 J FILE NAME J SHEET O0.1'SSK 147 1 OF