Parcel 115MEMORANDUM
o2i9
DATE: August 1~, 2003
TO: Ms. Sue Filson, Administrative Assistant
FROM: ~X}'/Margaret J. Kreynus, Acquisition Specialist
RE: Easement Agreement
Golden Gate Parkway, #60027, Parcel No. 115
Manuel Morante and Laura M. Morante
Attached is a copy of the Easement Agreement in the amount of $6,837.50
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: 115
FOLIO: 38102200000
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinaftpr reed to as the "Agreement") is made
and entered into on this 22nd day of , -, , 2003, by and between
MANUEL MORANTE and LAURA M. MORANTE, husband and wife, (hereinafter
collectively referred to as "Owner"), whose mailing address is 30 Miller Street, Glen
Cove, New York 11542-1820, 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 a 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:
1. Owner shall convey the Easement to Purchaser for the sum of $6,837.50,
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. Owner shall be entitled to attorney's fees in the amount of $606.38.
2. 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.
3. 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.
4. 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.
5. 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.
and from, and to reimburse the Purchaser with respect to, any a • . .mages,
claims, liabilities, laws, costs and expenses in • without limitation
reasonable paralegal and attorney fees - •• - •-nses whether in court, out of
court, in bankruptcy or adminis - ' • oceedings or on appeal), penalties or fines
incurred by or as - • - - -•ainst the Purchaser by reason or arising out of the
breach • ' er's representation under Section 5. This provision shall survive
7. 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 rerdin, costs for any curative instruments shall be borne and paid by
�
'
liltIN- �p ,r .� Wll 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.
8. 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.
9. 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. 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.)
2
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 ZZ day of - , 2003.
Date Easement acquisition approved by BCC:
Gift and Purchase Resolution No. 2002-203, Agenda Item No. 1661, Date 4/23/2002
Condemnation Resolution No. 2003-37, Agenda Item No. 10A, Date 1/14/2003
AS TO PURCHASER:
DATED: 8-ZZ-a3
•
ATTEST: .. .' BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROOK, ierk COLLIER COU TY, FLORIDA
-B4 :-Ratek& 0)C,_ BY: �'1...
� Depu Clerk Tom Henning, Chairman
Attest"° .t ,Minim'
AS TQ OWNEPli+
DATED: 2") t/iO3
Witness (S'rg a ure) MAN ORANTE
Name: n (Yv ( 6Y
Print or Type)
♦rp �, i
Witness Signature)
Name: -�,, n _t E-
(Print or Type)
DATED: W11103
•3i 7 idtea
Witness (S'!nature) LAURA M. MORANTE
Name: v L (CODO�
(Print or ype)
I my' 4.: 47441
Wi"-s(Signature)
Name: km,,ts -
(Print or Type)
Approved as to form and
legal sufficiency:
i —
Heidi F. As to
Assistant County Attorney
3
EXHIBIT A
BASELINE OF SURVEY
496+00 497+00 498+00 499+00 500+00 501+00
—~ N 89'31'37" E 150.18'I r` /// I \
POINT OF POINT OF 5)'
COMMENCEMENT) GOLDEN GATE PARKWAY (CR 886) `/ BEGINNING
NW CORNER / ROADWAY EASEMENT PER PLAT
TRACT 26 .♦ L2♦♦O . I — — — � — —
RIGHT-OF-WAY PER OR 2445/3109 , (,1
L4
PROPOSED RIGHT-OF-WAY \ _///
10' FPL EASEMENT
OR 1163/1643
PERPETUAL, NON—EXCLUSIVE — Ci5
ROAD RIGHT—OF—WAY, DRAINAGE
AND UTILITY EASEMENT
PARCEL 115
1,874 sq. ft.
LINE TABLE
LINE BEARING LENGTH 10' FPL EASEMENT
OR 1069/1604 i
L1 S00'27'31"E 50.00
L2 N89'31'37"E 75.00 ,
E
L3 500'27'31"E 24.16 W "i'�Yi'
LL S88'15'14"W 75.02
L5 NO0'27'31"W 25.82 , 2
TRACT 26 o
x
GOLDEN GATE ESTATESUNI
TRACT 25 PLAT BOOKT729 PAGE 57 TRACT 35 w
y
LAMKINS MORANTE GREEN
OR 2439/2730 OR 2324/3124 OR 2575/1245
j/ J I = EXISTING ROADWAY EASEMENT DE ICATED TO
/ THE PERP UAL USE OF THE PU LIC PER
LAT BOOK 7, PAGE 5
= PROPOSED ADDITIONAL RIGHT-OF-WAL
l.� 330 (PLAT); �.\/j
I
LEGAL DESCRIPTION FOR PARCEL 115
A PORTION OF TRACT 26, 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, COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT 26; THENCE N.89'31'37"E., ALONG THE NORTH LINE OF SAID
TRACT 26, A DISTANCE OF 150.13 FEET, TO THE NORTHWEST CORNER OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK
2324, PAGE 3124 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.00'27'31"E., ALONG THE WEST LINE
OF SAID OFFICIAL RECORDS BOOK, 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 BEGINNING;
THENCE N.89'31'37"E., ALONG THE SAID SOUTH LINE, A DISTANCE OF 75.00 FEET, TO THE EAST LINE OF SAID OFFICIAL
RECORDS BOOK;
THENCE S.00'27'31"E., ALONG THE SAID EAST LINE, A DISTANCE OF 24.16 FEET;
THENCE S.88'15'14'W., A DISTANCE OF 75.02 FEET, TO THE SAID WEST LINE;
THENCE N.00'27'31"W., ALONG THE SAID WEST LINE, A DISTANCE OF 25.82 FEET, TO THE POINT OF BEGINNING.
CONTAINING 1,874 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. 0 40 80 160 / L /4,
SKETCH & DESCRIPTION ONLY �— BY: 4, .74,-,4-
ROGER G. CART PROFESSIONAL SURVEYOR & MAPPER
NOT A BOUNDARY SURVEY SCALE: 1"=80' FLORIDA REGISTRATION ERTIFICATE NO. 5702
SIGNING DATE: / pr_ Q
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
INC.
GOLDEN GATE PARKWAY IMPROVEMENTS
SKETCH & DESCRIPTION OF: PERPETUAL, NON—EXCLUSIVE ROAD CONSULTING
RIGHT—OF—WAY, DRAINAGE AND UTILITY EASEMENT IL. • 11
PARCEL 115 3050 NORTH HORSESHOE DRIVE,SUITE 270
NAPLES,FLORIDA 34104
COLLIER COUNTY, FLORIDA Ph.(941)649-1509 Fax(941)649-7056
LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
01-0015.11 3 30 49 26 1"=80' 10-29-02 REC 0015SK115 1 OF 1
J
INDEX NO.: Oct 29, 2002 - 09:53:39 P:\Land Projects R2\01-0015\dwg\Revised Fees 8-26-02\00155K115.dwg