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Parcel 137TO: FROM: DATE: RE: Memorandum Sue Filson Executive Manager Board of County Commissioners Debbie Armstrong Acquisition Specialist Transportation - Right-of-Way Office February 1~, 2004~P''t~ Vanderbilt Beach Road, Project No. 63051 Parcel 137 Transmitted for your further handling is an Easement Agreement for a perpetual, non- exclusive 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: 63051 PARCEL: 137 FOLIO: Portion of 41820920002 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT~.hereinafter referred to as th,e "Agreement") is made and entered into on this ~0 day of ~¢~.1~ r~(~,~u: 2004, by and between GREGORY DOSS (hereinafter referred to as "0wn~r"), whose address is 770 Logan Blvd. N., Naples, FL 34119 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 $30,700.00, 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 and all damages resulting to Owner's remaining lands, and for any and all other damages in connection with conveyance of said Easement to Purchaser; including business damages from entities primarily owed by Owner and operating from the parent tract. Owner shall also be entitled to attorney fees in the amount of $4,107.50 payable to Policastro & LeRoux, PA, Trust Account. Owner shall also be entitled to appraisal fees in the amount of $1,564.00 payable to Calhoun, Collister & Parham, Inc. The Owner hereby authorizes Purchaser to make payment in the amount of $36,371.50 to Midwest Title Guarantee Company of Florida, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. It is mutually understood that the Property is being acquired under threat of condemnation. Nothing in this Paragraph is intended to eliminate Owner's right to seek additional dam~.ges should Purchaser further damage Owner's remainder property following Closing. Purchaser agrees that a median opening will be constructed pursuant to the attached plans identified as Exhibit "B" during the six-laning of Vanderbilt Beach Road, Project 63051. However, the Purchaser reserves the right to alter, modify or close the median opening at any time after initial construction based on safety or capacity issues. Owner agrees to waive any non-monetary benefit. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such Easement Agreement Page 2 10. 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 payment for each sum listed in Paragraph 1 to Owner and Owner 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. To the best of Owner's knowledge the Property and all uses of the 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 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 Property 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, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Purchaser shall pay for all recording fees for the Easement, and for any and all costs and/or fees associated with securing and recording any Partial Release of any mortgage recorded against the property, and for the fees to record any curative instruments required to clear title, except for any and all costs and expenses required to secure and record releases and/or satisfactions from judgment creditors, which fees, costs and/or expenses shall be the responsibility of the Owner. 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. This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Easement Agreement Page 3 IN WITNESS W~EREOF, the parties hereto have executed this Agreement on this..2~~--I day of .,~-r.~/zo~[/~.~ ,2004. [ DATE ACQUISITION APPROVED BY BCC: November 5, 2002 (Resolution No. 2002- 463) AS TO COUNTY: DATED: ATTEST: DWIGHT E. B,R~J~.,~,[erk Clerk AS TO OWNER:' Witnes~gnatu[e)~ Name: .J~FFI ~ (Prat orType) Witness ~ignatur~)~, Name: Cor~ (Print'~r Type) BOARD OF COUNTY COMMISSIONERS COL,~ COUNTY, FLORIDA Commis~si~nna F~ial~irman Approved as to form and legal sufficiency: ~,---l~len T. Chadwell Assistant County Attorney Item Agenda Date Easement Agreement VANDERBILT EXISTING N EXHIBIT_ .- BEACH ROAD p~;l~._..I._ of-..L-- 170' ROW TRACT 18 u~ (n TRACT 19 F-bJ l,--Ld zd~ I ~- ~"° I / J I NORTH 105' OF THE NORTH 180' OF TRACT 20 TRACT 17 SOUTH 75' OF I THE NORTH 180' V89'.~1'O2"E OF TRACT 2O I 50.99' A R C :' L ,~"-': :~" 157 '~__ OF TRACT 20 I I,,'~,,,~,,";:' I ~ / 41.94' S89'.71 '02"W P.O.C. I I TRAC, 18 WEST 1/2 OF ~ACT 7TH AVENUE S.W. CHERR'YWOOD 60' ROADWAY EASEMENT DRIVE GOLDEN GA~ ESTA~S UNIT 95, PLAT BOOK 9, PAGE 45 TRACT 15, TRACT 22 I REVISED PARCEL 105/06/'03 REUSED 03/03/2003 0 50' 100' 150' SCALE: 1"-= 100' Notes: 1. This Is not a survey. 2. Basis of bearing is the East line of Logan Boulevard being N 00'28'58" W Florlda State Plane Coordinates NAD 83/90, 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 150 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 SOUTHWEST CORNER OF SAID TRACT; THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH 89'31'02" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE NORTH 00'28'58" WEST ALONG THE EAST LINE OF A 100 FOOT ROADWAY EASEMENT PER SAID PLAT, 150.00 FEET TO THE NORTH LINE OF THE SOUTH 150' OF SAID TRACT; THENCE ALONG SAID NORTH LINE NORTH 89'51'02" LAS1 50,99 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 02'58'14" WEST 150.27 FEET TO THE SOUTH LINE OF SAID TRACT; THENCE SOUTH 89'31'02" WEST 41.94 FEET TO THE POINT OF BEGINNING, CONTAiNiNG 0.160 ACRES, MORE OR LESS. ANDREW B. BECK, P.S.M. (FOR THE FIRM) FLA. [,lC. MO. 6065 ~ (DATE SIGNED) NOT VA'LID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: ~ JPARCEL NO.: /37 WilspnMiiler May 09, 2003 -- 08:20:08 KTHOMPSOIX:~SUR~O4224~VANDY~lL372--A. dwg CIJENT: TITLE: DATE: CO!:! ~R COUNTY DEPARTMENT OF= ~,A TION E~K~'/*'OH AND ~~FT/ON IPROJECT NO.: J SHEET NUMBER: J FILE NO.: ~-oomax~ 87 oF xx 1L-372