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Backup Documents 09/27/2016 Item #16A15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 145 n 1 5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT 1'i Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners �� 10�l� 't 4" 5. Minutes and Records Clerk of Court's Office b&-4\ YAtS4/ Executed COPY only returned to: Karen Dancsec/GMD-ROW -vm 0(016 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information_ Name of Primary Staff Contact/ Department Karen Dancsec Phone Number 239-252-5805 Agenda Date Item was 09/27/2016 Agenda Item Number 16.A.15 Approved by the BCC Type of Document Easement Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable col •1.1111iIrausi a Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signa . • KD 2. Does the document need to be sent to another agency for additional signature . yes, N/A provide the Contact Information(Name; Agency;Addre • Phone)on an attached sheet. 3. Original document has been signed/initialed for legal suffice- . (All documents to signed by the Chairman, with the exception of most letters,must r• • iewed and 'a ed KD by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the KD document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/27/2016 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for i e Chairman's signature. Please scan under BMR Real Property—60145 Golden Gate Blvd—Par • 4 ' I UE/TDRE I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16 A 1 5 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, October 14, 2016 10:15 AM To: DancsecKaren (KarenDancsec@colliergov.net) Subject: Parcel 365RDUE/TDRE Easement Agreement (9-27-16 BCC Mtg.Item #16A15) Attachments: Parcel 365RDUE_TDRE.pdf Hi Karevt, A copy of the Parcel 365RDUE/365TDRE Easement Agreement approved by the i3oard on September 2.7, 2016 (Item #16A15) for Golden Gate Boulevard Project 4*60145, is attached For your records. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 6 A 1 5 PROJECT: 60145—Golden Gate Blvd East PARCEL: 365RDUETTORE FOLIO: 40628960003 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 3 day of igv9. , 2016, by and between FELIX E. IGLESIAS and PETRA Y. DIAZ, husband and wife, whose mailing address is 3011 Golden Gate Blvd, Naples, Florida 34120-3719 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual, non-exclusive Road Right-of-Way, Drainage, and Utility Easement and a Temporary Driveway Restoration Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easements"); and WHEREAS, Owner desires to convey the Easements to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County 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: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easements to County for the sum of: $11,000 subject to the apportionment and distribution of proceeds pursuant to Paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). County also agrees to pay the sum of$2,112 to Roetzel &Andress for legal fees and all other costs. Said aggregate payment of $13,112 (representing Owner's proceeds, attorney fees and all other costs) shall be paid at closing by County Warrant or funds wire transfer to Roetzel & Andress, c/o Attorney Kenneth A. Jones, 2320 First Street, Suite 1000, Fort Myers, Florida 33901-2904, and shall be full compensation for the Easements conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easements, and to remove all i{ 1 6 A 1 5 Page 2 sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easements to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall assist County in securing 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. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form provided by the County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Temporary Driveway Restoration Easement; (c) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (d) Closing Statement; (e) Grantor's Non-Foreign, Taxpayer identification and "Gap"Affidavit; (f) W-9 Form; and (g) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty(30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easements including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. 16A15 Page 3 If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easements (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easements areas, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easements prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title, 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easements, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easements shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easements or any portion thereof, (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easements or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easements, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easements. (0 Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easements or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easements 16A15 Page 4 which have not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easements to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easements and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easements or its intended use by County. (h) 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 County; 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 County, 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. 8. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County shall pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easements; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 9. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 10. EFFECTIVE DATE - 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. �F . 1 6 A 1 5 Page 5 11. PUBLIC DISCLOSURE - 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, subject to the penalties prescribed for perjury, 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 are conveyed to County. (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.) 12. ENTIRE AGREEMENT - Conveyance of the Easements, or any interest in the property underlying the Easements, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 13, BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 14. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. VENUE - 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 the date first above written. AS TO COUNTY: DATED:- ATTEST " -4. BOARD OF COUNTY COMMISSIONERS DWIGHT E.:OROQK Clerk COLL - '' COUNTY FLORIDA . ,,,:. i ' ' ' e,:,-; , Or , \4(3(j . _..puty Clerk BY: Dcnna Fiala, Chairman est as to Ch.im: signature only. cio 1 6 A 1 5 Page 6 AS TO OWNER: DATED: 8 1 / r IMO wannomppla Witness(Sig ature) • Fel E. Iglesi.v, AlOtiet, 420Q IL, E- N..A e (Print or T pe) Fa 7 itness (Signa re) k 4/11“411 Name (Print or Type) i J 'r --- -.00.- , 1-4A..../ • ,,,A ,..okir won I f I ess((Si,,natur-i Petra V. Diaz ,, • if3likiit1601 N-me (Print or T,,pe) ,'.A.41, • dress(Signature) Name Name (Print or Type) Approved as to form and legality; MI6 , Jennifer A. Belpedio Assistant County Attorney Last Revlsed 06/23115 C.,80 16A 1 5 , r EXHIBIT Page WEST 1Eti' 0'r IN CT 1z/ G EStAS & D,AZ P, HRE & JOSEPH OR 3633;3232 OT 3634/:;41 TRACT 126 TRACT 127 TRACT 128 GOLDEN GATE ESTATES UNIT 76 PLAT BOOK 5 PAGE 13 PROPOSED ROADWAY EASEMENT PARCEL 365 ROUE 2A7ti S0. f E ' I i 1 • 223acX) 222.00 GOLDEN GATE BOULEVARD (CR 878) OF%1CIA4 RECORDS (BOOK]PACE) ',. ...._.! PROPOSE-0 ROADWAY, ORA'MCE AND UTILtT' LAS(Mt ht (RDOG) 1XiSWIHG ROADWAY EASEMENT OEDICAJLO TO Mr. PERPETUAL USF OF THC PUBLIC PER PEAT IRXNC 5, PACE 13 LEGAL DESCRIPTION FOR PARCEL 365 ROUE A PORTION OF TITACI 177, GOLDEN GATE I STATES, UNTT 76 AS RECORDED IN PLAT BOOK 5, PACE 13 Of THE PUBLIC RECORDS Of COWER COUNTY, FLORIDA, LONG tN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COWER COUNTY, ItURIUA, NE?NC MORIN. PARTICULARLY OESCNIOFO AS FOLLOWS. THE NORTH 15 rut OF 'HE SOUTH 65 HIT 0 SHE: WEST '65 FEET OF SAID 'RAC' 127. CONTAINING 2,475 SQUARE FELT, MORE. OR LAS. 1 / )till4141/ SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY 4cua I'-ao' " 6Cfl Iv12: CCA LH.R COUNTY QOvte'ty.4fNl (AA1NTr C(Vm,_oONCRS FAA: M41.90.1- GOLDEN LATE BOULEVARD plieilttinDwumwe & DESCRIPTION Oy. PROPOSED ROADWAY EASEMENT 7L JL aye s4wrcrs PARCEL 365 KDUE tclo wtowPa*Cara He.x)0 COLLIER COUNTY, FLORIDA Wax 5A)0War s12,3ACP'.n.t uweau J iN 4UYE1Cfi Rt V:SION SECTOR Ti)*NSH3P RANC;F SCALL 0A71 DRAWN UY Fit.' uwE T' c 6021700.00 5007 6 45 78 I" - 80' FE.t?. 2008 5.R, IN:7Li lX151i 01 T .....__ , . _ _ b A 1 5 : { :•• , . EXHIBIT ,.....,, • Page :: of—T-- 71 i WLSI 165' DE • TRACT 127 • IGLESIAS & 0A2 PIERRE. & JOSEPI OR 3633/3292 OR 3634/541 TRACT 126 TRACT 127 TRACT 128 GOLDEN GATE ESTATES 1 UNIT 76 PUT BOOK 5 PAGE 13 I € 5rES1 LAIC 9F t !RAC, 17' ., PROPOSED TETINaORARY DRIVEWAY RESTORATION EASEMENT PARCEL 365 TORE Soo sa,r-.. 1 1 \ R1 NE1R1.666 0, 5917TH 65';ar. L ,I):14, j>J) --'MAO 121 {{. m.._.._..._....___F- .....,.... 6666. _ . 6666.. i, L _'.En's zi Lig 1,1..410 7F2223143 w GOLDEN GATE BOULEVARD (CR 076) IVY.N,eN A' • • • UNE TABLE LINE BEARING 1 LENGTH i LI NOVW28 7"W ' 6500' L2 NQ9°31081E 9857' CR 0F14C AL RECORDS (BOOK/PAGE) I L...S NOO'28 52"W :_ 15..00' PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT (TORE) ; 1.4 NR9 31 08 F ' 20.00' L5„__1..„SO078 52'E15 W PROPOSED ROADWAY, ) ATNAGL AND UTILITY EASEMENT (WOOL) L. L6 I 5,1. .1.Q8"W. 2000',.,,_,; i Y EXISTING ROADWAY EASEMENT DEDICATED TEl TWC PERPETUAL. 1 USE 01 INE PUBLIC PER PLAT BOOK 5, ';'AGE 13 LEGAL DESCRIPTION FOR PARCEL 365 TORE A PORTION OF INRCI 127, GOLDEN GATE ESTATES, UNC 76 AS RECORDED IN PEAT BOOK 5, PAGE. 13 OF IIEE PUBLIC RECORDS 01 COLLIER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 SOUTH., RANCE 28 EASI, CDI.I IFR CO,iNT`. FLORIDA, BEING YORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE. SOUIHWESI CORNER 01 SAID TRACT 127; THENCE S LIO'28`27"w. ALONG SAID WEST LINT, FOR 65.00 FEET TO A PDIN1 ON THE NORTH UNE Or T111: SOUTH 65 FEE'TT OF SAID TRACT '127; THENCE N,59'31'08"E. ALONG SAID NORTH LINE, FOR 985/ 411 TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N,00'28°5211v,, FOR '5.00 FEET; THENCE N,89'31'08'E., FOR 20.00 FEE1; THENCE S.00'28'S2"E., FOR 15.00 FEET TO A POINT ON SAID NORIH LINE; THENCE S 89'31'O8'W. ALONG SAID NORTH UHF, FOR 20,00 LIFT 10 THE POINT OF BEGIRNING or THE HEREIN DESCRIBED PARCEL. ( CONTA+NINE: 300 SQ;ARC FEET, MORE OR LESS. i / /I • 0 M ISO 160 ry iL it ;�,,,/ SKETCH & DESCRIPTION ONLY • ......!r11111111111111 .. ._ d 'r,T, awn.. NOT A BOUNDARY SURVEY SCALY I'-AO �' " E' 'I,i U� OKI,xkm w,I - *r.+vt, , RA.u EOR: C:KLIER (MONTY CAyNi NEN7 .iv..=+.,,I.,z i',:€ COUNTY commr3 m..NS •10 v,.v(y4 I ,'.nz zCaa.*r AK w%R.� 1. I : GOLDEN CADS BOULEVARD SKETCH k DESCRIPTION Or: PROPOSED TEMPORARY DRIVEWAY PC.3.111—"---AmaWs �ti PARCEL 365 TORE RESTORATION EASEMENT II60!wM.+n 1,66.trim ww AR 6600.,Mend.NM COWER COUNTY. FLORIDA rims.0110 5616676 REV. FAX,901616/17001 iIW MU .X716 NU�(9f.Fi V15�N SLCTl0' ?OWra5NL+<' RANGE SC+ " f' DRAWN 3°' F1i.0 OAUE S51EET 507'7„W,L><7 DC7 RL'VSl 6 4E1 213 I” z.£130' 1rt: ArU. 2001) P,T,N_ J UN/6 SR365IURE I OF 1