Parcel III-831
PROJECT: Lely Area Stormwater Improvements
PARCEL NO: 111-831
FOLIO NO.: 00443440007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between GERMAINE M. WILLIAMS, joined by her spouse,
\ GREGORY P. WILLIAMS, (hereinafter referred to as "Owner"), whose mailing address
,~r¡) JJ isÆ1 Q Pheasant Drive, Forest Hill, MD 21050-1500, and COLLIER COUNTY, a
~\; poliíi'¿aT subdivision of the State of Florida, its successors and assigns (hereinafter
Jc; referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples,
Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for drainage
and maintenance, over, under, upon and across the lands described in Exhibit "A" (said
easement hereinafter referred to as the "Property"), which is attached hereto and made
a part of this Agreement;
WHEREAS, Owner desires to convey the Property 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
Property;
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 Property to Purchaser for the sum of $1000.00, payable
by County Warrant (said transaction hereinafter referred to as the "Closing").
Said payment shall be full compensation for the Property 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 Property to Purchaser.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
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. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; 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, release or subordinate 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.
Easement Agreement
Page 2
5. Owner represents that 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.
6. 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.
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 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 the securing and recording a Subordination, Consent & Joinder of Easement
of the mortgage(s) recorded against the Property 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 Property 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 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 before the Property 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.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement
Page 3
. IN WITNESS >1.. ~REO~, the parties hereto have executed this Agreement on
this gfh day of t~t rz.-C /' , 2004.
c/
Date Property acquisition approved by BCC: .:fUN!: 8 J 2004
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT.S"mGGJiS~ Clerk
..,..\" :.,i,',.,"'~ ~l- ff;; ,
..~~", 1........-.,;¡~(....¡ l~"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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A.~.t .. ..'~ ,: u!y Clerk
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AS TO SELLER:'
DATED: Of£)/o~/ol
. ,
BY:
¢~ )~rman
WITNESSES:
wtt(=
Name: kX\-€ ~Q nl'\e.ssy
(P Int or Type)
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Witness
Name:
(Print or Type)
WITNESSES:
w1~ ~aJ-
I ness~3J
Name: / -. . I/J(I/-
(Print or Type)
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Itness (Signature)
Name: 'v:./jh/.E7~é'/ð"¿-~;RT
(Print or Type)
/I.. ~¿"""1 ? ¿¡/d/u~
GREGORY P. WILLIAMS
Approved as to form and
legal sufficiency:
_k t;l ~
Ellen T. Chadwell
Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941).77,4-8192
SKETCH OF DESCRIPTION
EXHIBIT ~!.L NOT A SURVEY
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P.O.C. W 1/4 COR.
SEC. 32, TWP. 50 S,
RGE26E'7
PARCEL JD:-831
TAX PARCEL 56
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LEGAL DESCRIPTION
THE SOUTHEASTERLY 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE WEST QUARTER CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; THENCE S 02°50'30" W ALONG THE WEST LINE OF SAID SECTION 32
206.29 FEET; THENCE N 59°57'30" E 592.44 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE
N 59°57'30" E 150.00 FEET; THENCE N 30°02'30" W 300.00 FEET; THENCE S 59°57'30" W 150.00 FEET,
THENCE S 30°02'30" E 300.00 FEET TO THE POINT OF BEGINNING.
GENERAL NOTES
1) P .O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) RIW = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
PREPARED BY: 1
¿:;/ ~ ~¿,/ (: jJ.rÄo
~Õ~Ë-R~~~~~~ÑÕ-P~L~Š~-24Õ-6-------------
COLLIER COUNTY PUBLIC WORKS
3301 E. TAMIAMI T~IL
NAPLES, FLORIDA 34112
NOT TO SCALE
DATE
JUNE 14, 2000
GWT831
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