Parcel 138TO:
FROM:
DATE:
RE:
Memorandum
Sue Filson
Executive Manager
Board of County Commissioners
Debbie Armstrong '"p3'M
Acquisition Specialist
Transportation - Right-of-Way Office
September 18, 2003
Vanderbilt Beach Road, Project No. 63051
Parcel 138
Transmitted for your further handling is an Easement Agreement for a Road right-of-
way, drainage and utility easement for the Vanderbilt Beach Road expansion project,
which the Board authorized the Chairman to execute on its behalf on November 5,
2002, Resolution 2002-463 Item 10B.
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 if I may be of any
assistance. Thank you.
Thank you.
Attachment
Transportation Right-of-Way Office
PROJECT:
PARCEL NO.:
FOLIO NO.:
Vanderbilt Beach Road
138
41820840001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this [~,~day of ~Q~J:~r- , 2003, by and between
DAVID P. BOBAY AND DAWN E. BOBAY, hus~oand and wife (hereinafter collectively
referred to as "Owner"), whose address is 780 Logan Blvd. N. Naples, Florida 34119-
1423 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 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 $22,750.00,
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 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.
Easement Agreement Page 2
,,
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
shall be borne and paid by Owner. Purchaser shall be responsible for paying
recording costs for any curative instruments and 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. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
this
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
~' day of ~~::~t-- , 2003.
Date Easement acquisitions approved by BCC: 11/5/02, Resolution 2002-463, Item 10B
AS TO PURCHASER:
DATED: q-t8
DATED:
Witness (Signature)
Name: ~e"/¢~¢:
(Print or T. ype)
Witness (Signature)
Name:
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER~TY~pDA o
BY:
Tom Hen~ing, Ch~,irp~an
DAVID P. BOBAY
DATED:
~/-itn ess (Signature)
Name: ~-%_~/5/~ ~/~
0 (Print or Type)
1A/itness (Signature)
Name: L. O ~' ~' ~, \ ~. ~'~
(Print or Type)
DAWN E. BOBA'¢
Approved as to form and
leg~al Iufficiency:)
Assistant County Attorney
VANDERBILT
EXISTING
BEACH ROAD
170' ROW
EXHIBIT_ _
P ge L
N
TRACT 18
TRACT 17
TRACT 16
P.O.C.--
I
TRACT 19
I
NORTH 105' OF
THE NORTH 180'
OF TRACT 20
'89'.71 'O2
55.52'
50.00'~
,,
I
:~150.99' '~
X9'JI'O2"W % PARCEL
~ Lu SOUTH 150'
,,~ ~ I OF TRACT 20
~ ZOcL
WEST 1/2
OF TRACT
21
SOUTH 75' Of
THE NORTH 180'
OF TRACT 20
7TH AVENUE S.W.
CHERRYWOOD DRIVE
CUENT:
TITLE:
60' ROAD R,O.W.
J I
GOLDEN GATE ESTATES
UNIT 95,
PLAT BOOK 9, PAGE 45
TRACT 1.5 . 105/06/ I TRACT 22
REVISED PARCEL )3
REVISED 03/03/2003
PROJECT NO.: ~ I PARCEL NO. : ~
il Miller
May 09, 2003 - OS: 23:49 KTHOMPSOIX: ~SUR~O¢224~VANDY~1L572-A.dwg
DATE:
Notes:
0 50' 100' 150'
SCALE: 1"= 100'
1. This Is not a survey.
2. Basis of bearing is the East line of
Logan Boulevard being N 00'28'58" W
Florldo State Plane Coordinates NAD 85/90,
East Zone.
3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon are per plat,
unless otherwise noted.
5. ROW represents Right of Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
Description:
BEING A PART OF THE SOUTH 75 FEET Of THE NORTH
180 FEET OF TRACT 20, GOLDEN GATE ESTATES UNIT
95, PLAT BOOK 9, PAGE 45 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID
TRACT;
THENCE ALONG THE WEST LINE OF SAID TRACT SOUTH
00'28'58" EAST 105.00 FEET TO THE NORTH LINE OF
THE SOUTH 75' OF THE NORTH 180' OF SAID TRACT;
THENCE ALONG SAID NORTH LINE NORTH 89'51'02" EAST
50.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE ALONG SAID NORTH LINE NORTH
89'31'02" EAST 55.52 FEET;
THENCE LEAVING SAID NORTH LINE SOUTH 02'58'14"
WEST 75.14 FEET TO THE SOUTH LINE OF THE SOUTH
75' OF THE NORTH 180' OF SAID TRACT;
THENCE ALONG SAID SOUTH LINE SOUTH 89'31'02" WEST
50.99 FEET TO ITS INTERSECTION WITlt THE EAST LINE
OF A 100 FOOT ROADWAY EASEMENT PER SAID PLAT;
THENCE LEAVING SAID SOUTH LINE NORTH 00'28'58"
WEST ALONG SAID EAST LINE 75.00 FEET TO THE POINT'
OF BEGINNING.
CONTAINING
ANDREW B. BECK, P.S.M. (FOR THE FIRM)
065
(DATE SIGNED)
NOT'VAEID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERTIFICATE Of AUTHORIZATION LB
C~ (::X:)U~ DEPART'MENT
OI= ~A TION
AND
o~. ~~ ~ or xx 1L.-~72