Parcels 105A & 705
PROJECT: 60006
PARCEL Nos.: 105A and 705
FOLIO NO.: 00267120309
EASEMENT AGREEMENT
THIS EASEMENT AGREEMÇNT (hereinafter referred to as the "Agreement") is
made and entered into on this 1. S day of H\ç,.('~ , 2005, by and between
PANTHERS GREY OAKS, LLC, a Delaware limited liability company, whose address is
c/o The Blackstone Group, 345 Park Avenue, New York, NY 10154, (hereinafter
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of
Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a Perpetual, Non-exclusive Road Right-of-Way,
Drainage and Utility Easement (Parcel 1 05A), and a Temporary Construction Easement
(Parcel 705) over, under, upon and across the lands described in Exhibit "A", which is
attached and made a part of this Agreement, (hereinafter collectively referred to as the
"Easements").
WHEREAS, Owner desires to convey the Easements 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
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. 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. Owner shall convey the Easement to Purchaser for the sum of $ 810.00 subject to
the apportionment and distribution of proceeds pursuant to paragraph 8 of this
Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner 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 attorney's fees and expert witness fees and costs as provided for in
Chapter 73, Florida Statutes. The Owner hereby authorizes Purchaser to make
payment in the amount of $810.00 to Gulf View Title, LLC, as settlement agent for
Page 2
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.
3. 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.
4. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within thirty (30) 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
funds to Owner and Owner shall deliver the conveyance instrument to Purchaser
in a form acceptable to Purchaser.
5. 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.
6. 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.
7. 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
Page 3
by or asserted against the Purchaser by reason or arising out of the breach of
Owner's representation under Section 6. This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
8. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; 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
for the execution of any release, subordination or satisfaction, 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. 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.
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.)
11. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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.
12. 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 ¿t5 day of -.tilt7\f~ ,2005.
Page 4
Date Acquisition Approved by BCC: April 23, 2002.
AS TO PURCHASER:
DA TED:~{ .~ 2-/ ~ S-
ATTEST:
DWIGHr~ai~PF~, Clerk
(<!';?...~
. :'; " '" ";~-" ,. -' 0 (
~, :: '. '''''' .. . ~p. y Clerk . .
~tøt· .."tè:.""'~f ·
#~, .~-.,.. I
s ~"tW'.. .~11';.··
"" t':) ~·~I D /ì . \:j \-' ... '
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY '1uLW. ~~
----
DATED: 3 -2:5 ~ o~
Signed, sealed and delivered
In the presence of:
PANTHERS GREY OAKS, LLC. ,
IY1 e-'2 2- LLt..-
:?)4
Witne~ "--- A
f:: d u,.--/do vl!\: ';;~þ,-.
Print Name:
...
Wiy,es
fJA.. Y Alfl
Print Name
Approved as to form and
legal sufficiency:
.~~~
Ellen T. Chadwell
Assistant County Attorney
'"
~I
"
~ I ~ ~
'" ~IOJ
~I :t-I'
~ II) 1"1 ~1..
~"'I ~:; ~\l.1C"· \\ ~'f.~~ :::---
I I I ./ '\I ~ 't.. <;>1'1 ~~ --
l=== ~/ \1.1 G~ ~ TRACT 0
I I --------- <O~\ PANTHER GREY OAKS, INC.
1-L - ~O\.-\l.)~ ~\I. 1Q"~\\"· \,'-_____"_____~:_2_~'/1206
~~./ :
-------~/ \
~ ~~~E~S GREY "
~3 SEE DETAIL OAKS, INC. :
"A" OR 2501/1216 I
~ PERPETUAL, NON-EXCLUSIVE \
ROAD RIGHT -OF -WAY, DRAINAGE :
AND UTILITY EASEMENT :
I PARCEL 105A :
I L 30.0 sq, It. L "
10' FPL ~SFMF:NT .........__....
OR 1039/94' "
~ I
I
'"
I~
~
I
--- ,j
w
1;
~
,~
11,-
" ,
II'"
I I~
"-
DETAIL "A" 1 ¡.¡
f=--== -~=---'-l
c1_____1
..
~ VII() :.:
o NN 01
~ il~ ~
~ J,~ 0;
o NN 0
'" z~ '"
Q.! g)", ¡¡'
~~~ ~
"'10:
±
35 38
I" = 50'
L_ _
I
~
~ I;
I>!
'" I ~
~ ~ u.
o
w
~
o
'"
l,--·ExmBIT-A_ -
-i - ~ - - - - - -"~~'''-= '," " "" "'"" ""'-''''''' "'''''':-=-~=
I I
------
-------
POINT OF
COMMENCEMENT
WEST 1/4 COR.
SEC, 25
HALSTATT PARTENERSHIP
OR1428/1348
._------~.-. -----
-E
I
I¡;:;
"
~ :::
(l ~
i,
"J
~-------~
LINE TABLE
ll~BEA~ --LENGTH
-~ -šOO-;28~2"W 569,21
-¡:¡-- S89'31'Hj;'E- -0000-
-W--S31'00'2:fW-" 11.81
-'¡:;¡-- NOO'28'42"E 10,00
I
I
I
T
I
I
"
I
I
/
I
I
I
I
"
I
LEGAL DESCRIPTION FOR PARCEL 10M
BEING PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 25; THENCE S,OO"28'42"W" ALONG THE WEST LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 25, A DISTANCE OF 569.21 FEET;
THENCE LEAVING THE SAID WEST LINE, S.89'31'18"[', A OISTANCE OF 150,00 FEET, TO A POINT ON THE EAST LINE
OF LAND, AS RECORDED IN OFFICIAL RECORDS BOOK 873, PAGE 1882 OF THE PUBLIC RECOROS OF COLLIER COUNTY,
FLORIDA AND BEING THE POINT OF BEGINNING;
THENCE LEAVING THE SAID EAST LINE AND ALONG THE SOUTHERLY RIGHT-OF-WAY, AS RECORDED IN OFFICIAL
' RECORDS BOOK 2064. PAGE 1164 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, EASTERLY 6.00 FEET
ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT AND HAVING A RADIUS OF 519.82 FEET
THROUGH A CENTRAL ANGLE OF 00'39'42" AND BEING SUBTENDEO BY A CHORD WHICH BEARS N.88'48'40"E., A
DISTANCE OF 6,00 FEET;
THENCE LEAVING THE SAID SOUTHERLY RIGHT-OF-WAY, S.31·00'23"W., A DISTANCE OF 11.81 FEET, TO THE SAID EAST
LINE;
THENCE ALONG THE SAID EAST LINE, N.OO·28'42"E., A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING.
CONTAINING 30.0 SQUARE FEET, MORE OR LESS.
BrAAINGS ARE 8ASfD 0'" NO"",,,, ^/JERrCAN OATUU
(N.A.D.) 1988- 1990 AOJUSTMEIiT STATE PlANE
COORDINATE SYSTEM (GRI() FOR flORIDA EAS~
lONE.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
o
L
EXHIBIT .1L
Pege-l-, of..k..
n (:.J ,--..(L
''1\ (ic::\C.... ____.--.-Y'--;-
..J ~:ROGLR ~. b.J~. ;::rEssroN"'L S'JRVE'fOH &: MÁ1'PER
;'·\.~RIDA REe-SfRATION CEff'1nCA1;£" 0. ~7C"~
s'eN'NC DATE' '$.oD 'l, .. 0
NOT VAlID wmtour mE O~'GI~';I. S:GNArum: ¿. ~/'J l) EJt~SSEO Sr.At or
A nORf()A I'l£Gi~T[RfD p:forrssto~. S!Jr~v"~(o~ AND W\I'OPER
1;?1t~'~'
R YTi'l.
100
200
100
FOR, COLLIER COIJNTY GOVERNMENT flOARO or COUNTY COMMISSIONERS
SCALE, 1"- 200
GOLDEN GATE PARKWAY IMPROVEMENTS
SKETCH & DESCHlI'TJON OF: PERPETUAL, NON-EXCLUSIVE
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
l'AHCEL 105A
COLLIER COUNTY, FLOHIDA
¡WAD
3OjO NORTiI HORSõSIIOE DRIVE. SU T1J 270
NAPLES, PLORID^ 3d HId
Ph. (941) 649·(509 Fa~ (941) 649.70'6
La No" 6952
JOB NUMBeR FILE NAME SHEET
01u0015,18 01-0015SK'05A I or 1
'NDEX NO.. ",'co,. P""'" ""O'-oo"""'o...~. P"m' "'0 ..'-IO-O""'.''''-'''''""'''''-'.O''-'''"''''.'"'''''_'_'._03'O'.'d 90< "'0 11-17-03,,, "00'''''0511'., 3/2/2004
, ~..._,.-..._--"--_."---".~,-,,'< ,-,
~1!
z
E 1:3
I ::>
!I
I Ct:
o
I' ~
'"
o
II" ,,/ :
II~ rt 0
IN! " ~N~ I
DETAIL "A" I
F -------r- -l ~ ZIZ i'
I fC1 -'.~H~
I :; I ~ § frl ~
~ V) V1 I't'
1" = 50'
L_ ~rJ;
.. Je
w
¡'~
L U
~
~
::
~
r EXHIBILA__ --- ----- - ---- -
11- ---
I '
_1_1_ _ _ _ _ _ _ N~RT~R~ u~ ~ .:r:!.E~~ ~c..S~I~ ~'!!:~ _ _ __ _
I I - - --...-- -------
I HALSTATT PAR TENER SHIP
I POINT OF ORI 428/1 348
COMMENCEMENT
,.--
gj I I WEST 1/4 COR. ~
I, ø~ ~:./' \ PANTHER GREV OAKS, INÇ,
I _______ O\..'V .1" \ OR 2501/1206
~l_ G 'l-O~/ \
./' ,,</. \__u______un_,
=-~/ \
-1-~ ~~¡IE~S GREV :
SEE DETAIL OAKS, INÇ, :
"A" OR 2501/1216 I
I
,
I
I
I
I
I
I
I
I
,
l
"
TEMPORARY
CONSTRUCTION EASEMENT
PARCEL 705
68,5 sq, It.
"
"
................../
~- '-, -LiNE T,ABLE----,-'-..
~-~- BEARING ¡--LENGTH
L 1 SOO'28'42"W' 56921
L2 589'31 '18"E '_5~
L3 S-IO'33'32"W 17,96
[,4 NOO'28' 42"( , 5 25
/
I
/
/
/
/
/
/
/
/
"
/
/
/
I
I
T
I
/
/
I
/
/
/
/
/
/
"
I
I
/
LEGAL DESCRIPTION FOR PARCEL 705
BEING PART OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE WEST 1/4 CORNER OF SAID SECTION 25; THENCE S.OO'28'42''W., ALONG THE WEST LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 25, A DISTANCE OF 569.21 FEET;
THENCE LEAVING THE SAID WEST LINE, S,89'31 '18"[" A DISTANCE OF 150,00 FEET, TO A POINT ON THE EAST LINE
OF LAND, AS RECORDED IN OFFICIAL RECORDS BOOK 873, PAGE 1882 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA AND BEING THE POINT OF BEGINNING;
THENCE LEAVING THE SAID EAST LINE AND ALONG THE SOUTHERLY RIGHT-OF-WAY, AS RECORDED IN OFFICIAL
RECORDS BOOK 2064, PAGE 1164 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, EASTERLY 9.00 FEET
ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT AND HAVING A RADIUS OF 519,82 FEET
THROUGH A CENTRAL ANGLE OF 00'59'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.88·38'45"L, A
DISTANCE or 9,00 FEET;
Tf'ENCE LEAVING THE SAID SOUTHERLY RIGHT-OF-WAY, S.30·33'32''W" A DISTANCE OF 17.96 FEET, TO THE SAID EAST
LINE;
THENCE ALONG THE SAID EAST LINE, N.00'28' 42"[" A DISTANCE OF 15.25 FEET, TO THE POINT OF BEGINNING.
CONTAINING 68,5 SQUARE FEET, MORE OR LESS.
BEMINGS ME" I3^SED ON HORTI! AAI!R¡CA,JI,I CATUM
(N.A.D.) 19B8-1990 ADJUST\4€NT STArr PLANE
COORntNAT( SYSIEJ.I (GRID) F'OR rLORtQA [ASf
ZONE
SK ETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
o 100 200
L-_
EXHIBIT -À..
page-.L of~
~' ') ....:.(/--.
400 . {/ __r~./ ""-
----.J :3'\~~(R c..I ER, F'ROfESSIONÞ.L. SUMYOI, At MAPPER
rL{I~OA Rf,..s'ïA,ATlOt C~tCAT[ '\~.:"(\1
SlON'NG ""C, ''? -Co> (;...._(/ '
HOT VALID WlTIJOUT TI-.¡t ORlG ,.!.t;l1~t,:,.., A'UR£ . RAISE[> . ~SS£D SfAl or
A. FLORIDA Rf.CI~T£R£() PROFl~IONAl- SURVFYf)~ AND MAPJ.>m.
FOR: COLUf.R COUNTY GOVeRNMENT BOARD OF COUNTY COMMISSIONERS
SCALE, 1'~200
GOWEN GATE PARKWAY IMPROVEMENTS
SKETCH & DESCRIPTION OF: TEMPORARY CONSTRUCTION EASEMENT
PARCEL 705
COLUER COUNTY. FLORIDA
DWl~'N'
.1l:\~·i(;l
30$0 NORm HORseSHOE DRIVE. SUITE Z70
NAPLES, YLORIOA 341 ()4
Ph. (941) 649-1509 Faa (941) 641 .705l"i
t.O No.: 69.52
JOR NUMBER FILE NAME SHEET
01-0015.18 01--0015SK7D5 1 or ,
INDEX NO.. P~\Lnrnl ProJedl R'\01-0015\d"'iI\R8Yllad P"ð.. , CSO 3-10..03\AIrY¡..d-RW-fhnoud-4-0J-OJ\~"'sl~_Rlnðud_.c_'''_03\R~"d gene Mop 12-\7-Ö~\01-0015SI("105.(hf9 312/20001