Parcel 171
PROJECT:
PARCEL No.:
FOLIO No.:
Santa Barbara Blvd. 62081
171
Part of 38229120005
EASEMENT AGREEMENT
THIS EASEMENT AGREEM~T (herein ter referred to as the "Agreement") is made
and entered into on this fO day of , 2005, by and between C.K.
KOEHLER and SUSAN J. KOEHLER, sband and wife, whose mailing address is
1861 Santa Barbara Blvd., Naples, FL 34116 (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 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 "Easement"); and
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:
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 $54,200.00 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, payable by County Warrant, 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 fees and costs as provided for in Chapter 73,
Florida Statutes. Attorney's fees and costs in the amount of $1,155.00 shall be
paid to Bella Y. Patel, P.A., 13026 Waterford Run Drive, Riverview, FL 33569. The
Owner hereby authorizes Purchaser to make payment in the amount of
$55,355.00 to Midwest Title Guarantee Company of Florida, LLC 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.
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 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
Easement Agreement
Page 2
release any and all such liens, encumbrances or qualifications affecting
Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver
payment 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
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 Easement 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
Easement Agreement
Page 3
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.
rr-j _'1\ITNESS W9:REOF, the parties hereto have executed this Agreement on
this ~ day of ~, 2005.
Date Acquisition Approved by BCC: October 22, 2002, Item 10B, Resolution No. 2002-
442.
AS TO PURCHASER:
DATED: h flu I () S
, ,
ATTEST:
DWIGHT E."BRQCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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AS TdOWNER: ,-
DATED: "'¿)Q/~5
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Witness (Signature)
Name: J...(')q~'ì..N. 4 ~tZ-
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Witness (Signature)
Name: ~o ~~T 80s ( (+
(Print or Type)
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Witness (Signature)
Name: ].J:~t~ h4~
(Print orI-¥Qe)
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Witness - - -áture)
Name: k0~ ~l Ro~( l-f
(Print or Type)
BY: '1u4 w. ~
Fred W. Coyle, Chairman
-L~ '7 -~
"§USAN J. ~EHL R
Approved as to form and
legal sufficiency:
Li~ ~~_
----Ellen T. Chadwell
Assistant County Attorney
Item # lOB
Agenda I F"\ "" ') 10 t)
Date .l.!:::::1.kJ::
D.( .
330.00' (PLAT)
707 1 07.1
NORTH 750'
OF TRACT 707
SOUTH 180'
OF TRACT 707
708
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EAST LINE OF SECTION 20
SANTA BARBARA BOULEVARD
9 10
72
73
16
77
78
74
75
77
GOLDEN GA TE ESTA TES UNIT 5, PLA T BOOK 5, PAGE 117-123
~ ---r---
~
o 2~ ~O 100 200
GRAPHIC SCALE
GOLDEN GA TE ES TES UNIT 30,
PLA T BOOK 1, PAGES 58
106.1
706
PROPOSED
R.O. W. EASEMENT
..-
.._'1_'
EXISTING 53 EASEMENT
FOR R. O. W. PURPOSES
(PER LA T)
GOLDEN GA TE UNI T 6,
PLA T BOOK 5, PAGES 124-134
79 20 27 22 23 24
BLOCK 153
~L DESCRIPTION
BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 101, GOLDEN GA TE
ESTA TES UNIT 31, PLA T BOOK 1, PAGE 59, COLLIER COUNTY, FLORIDA.
CONTAINING 8,100 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD.
... NOTA" SURV$Y ...
LANe. T R,A O/fE -)1L SÌJRVEYOR ~ MAPPER
FLORIDA REGISTRA LSI5627 ,
NOT VALID UNLESS SIGNED 8Y THE SURVEYOR AND
SEALED 'MTH THE SURVEYOR'S EM80SSED SEAL.
CERFIFICA TE OF AUTHORllA TION I L8-43
BCAl/lNGS ARC BASED ON NOIfTH
AM£RICAN DA TIJM (N.A.D) /NJ-/øøo
AlJ.AJSTliCNT STArr Pl.ANE COCRDINArr
srsrrll (GRID) 'OR rLORIDA CAST lONC.
PROJECT NO.: 62081 PARCEL NO. : 171
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PIIMerr . ~ . Ecc/o III . S\rveyuI . UndIcIt» ArcN/flCII . Tr.IIIp<»1.1ion CotWtMt,
Wi/sonMiller, Inc.
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LEGEND:
'" ~ ~ ~ ~ ~ \\t ~~b~~N~ASEMENT
~ PROPOSED
R.O. W. EASEMENT
R.O. W. = RIGHT OF WA Y
CLIENT: COLUER COUNTY TRANSPORTA nON,
ENGINEERING .I: CONSTRUC71ON MANAGEMENT DIVISION
TITLE: SKETCH AND DESCR/P71ON
BEING PART OF THE NORTH 150' OF TRACT 107.
GOLDEN GA TE ESTA TES UNIT J1, PLA T BOOK 7. PAGE 59,
COLLIER COUNTY, FLORIDA
CATE: PROJECT NO.: SHEET NUMBER: FILE NO.:
04/2002 N6022-002-010- TDHWP 171 OF xxx 2GG-20:J
Jul 11, 2002 - 09: 27: 26 JNAPIERIX: \SUR\N6022\Skelch Of Descriptions\Submilted\2gg203s171.dwg