Parcel 105
MEMORANDUM
Date:
December 1, 2005
To:
Joan Smith
Transportation
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Agreement
William E. Frank and Collier County
Enclosed please find one (1) copy Agreement, as referenced above,
approved by the Board of County Commissioners on June 14,2005 (Agenda
Item #16B8)
If you should have any questions, please contact me at 774-8411
Thank you.
Enclosure
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PROJECT: Goodlette-Frank Road Project #60005
PARCEL No(s): 105
FOLIO No(s): 61941000001
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this ;;¿q day of J}tr7~ ,2005, by and between WILLIAM E. FRANK, as
Sole Surviving Successor trustee of The Land Trust Agreement dated August 30, 1973,
whose mailing address is 2: Rd. . (hereinafter
referred to as "Owner"), to COLLIER C NTY, a political súbdivision of the State of Florida,
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter
referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive Road Right-Of-Way, Drainage and Utility Easement 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; and
WHEREAS, Owner desires to convey the Property to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
to the County for the stated purposes, on the terms and conditions set forth herein, said
terms including that no compensation shall be due and payable for the Property requested by
County.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valu~ble 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 Property to County, in a form acceptable to County and at no
cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery
to County of a properly executed easement instrument) is hereinafter referred to as the
"Closing."
3. 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 County on or before the date of Closing.
4. Closing shall occur within ninety (90) days from the date County executes this
Agreement; provided; however, that County 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 County's enjoyment of the Property.
5. Owner is aware and understands that this Agreement is subject to the acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
Agreement
Page 2
6. 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 County; 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 conveyed to the County, 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.
7. Owner shall indemnify, defend, save and hold harmless the County against and from,
and to reimburse the County 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 County 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. County 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 underlying the Easement; provided, however, that any
compensation, costs and/or fees required to secure and record releases or
satisfactions, shall be the responsibility of the Owner.
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. Conveyance of the Property 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.
11. 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 County, 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 exempt from the provisions of Chapter 286,
Florida Statutes.)
12. This Agreement is governed and construed in accordance with the laws of the State of
Florida
Agreement
Page 3
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
DATED:, ¡/', PIt¡ ,0.5
"~ 'ÇI
ATTEST: _
DWIGHT E. ßROCi( Clerk
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\ÛC
" eputy Clerk
Attest as to Cha1raan',
, , . ignaturt on 1,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: 'Â..t w. ~
Fred W. Coyle, Chairman
AS TO OWNER:
WILLIAM E. FRANK, Sole Surviving
Successor Trustee of The Land Trust
Agreement dated August 30, 1973
øJ¿ ¡Ji~ é.14J ,IL
(Signature):
(Print NamelTitle)
Name: ~~ \ T. tV
(Print)
Approved as to form and
legal sufficiency:
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Ellen T. Chadwell
Assistant County Attorney
Item# ~
Agenda ~ -I ~-(J<)
Date
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SECTION 27,
TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
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PARCEL NO. 105
PROPERTY OWNER:
REFERENCE:
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= POINT OF COMMENCMENT
= POINT OF BEGINNING
= RIGHT-OF-WAY
P,Q,C,
NOFHHERL Y LINE OF THE NA TIONWlDE HEAL TH PROPERTY
AS RECORDED IN O.R. 2213. PG. 1256
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Protelllonal engineers, plannel'll, & land surveyors
Cow.. Co....L7' 1III1t. 100. '7400 ToaIoaI TroD. "0I'l1o, Nopl... n. NIDI (11')111'7-1111
too Couat7! SuIt. 101. IIU Boa"'" Itroot. Port II,..... PI. UIOI (11.}lN-II'7!
Col'W1oat. ot Authorl.aUoa Noo. UI _ .... D I'" p"", (1II)6II-OO!
NOT A SURVEY
LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
DESCRIPTION: PARCEL 105
CLIENT: COLLIER COUNTY TR
BY:
CKNEY, P.S.M. NO. 5606
1" - 60' OA 1£: AUG. 30. 2005
DRAWN BY: GWH PROJECT NO.: 8081-GR
ACAD NO: 9051- SD1 05R FILE NO: 9051
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
EXHJBIT I~
Page :~of ~
LEGAL DESCRIPTION OF PARCEL 105
A PARCEL OF LAND LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25
EAST. COlLl[R COUNTY, FLORIDA. BEING MORE PARTlCULARL Y DESCRI8m AS
FOLLOWS;
COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF A PARCEL
OF LAND AS DESCRI8m IN OFFICIAL RECORDS BOOK 2213. PAGE 1256 AND
EASTERl Y RIGHT OF WA Y LINE OF GOODLETTE FRANK ROAD (CR. 851) (170'
R,O. W); THENCE NORTH 00'39'49" WEST ALONG SAID EASTERLY RIGHT OF
WAY LINE A DISTANCE OF 831.35 FEn TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN BEING DESCRIBm;
THENCE CONTINUING NORTH 00'39'49" WEST ALONG SAID RIGHT OF WAY
LINE A DISTANCE OF 75.00 F££T;
THENCE LEAVING SAID LINE NORTH 89'20'11" EAST A DISTANCE OF 5.00
FEET;
THENCE SOUTH 00'39'49" EAST ALONG A LINE 5.00 F££T EASTERL Y OF AND
PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 75.00 FEET;
THENCE SOUTH 89·20'11" WEST A DISTANCE OF 5.00 F££T TO SAID
EAST[Rl Y RIGHT OF WA Y LINE ANa TO THE POINT OF BEGINNING OF THE
PARCH HEREIN DESCRIBm;
CONTAINING 375 SQUARE F££T OF lAND, MORE OR lESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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Profsulonal engineers, planners, & land surveyors
C.II1.. c.....tl' IlulIa 100. ?f00 TIUIIIIIUIIII Troll, H.rth, H.pl.., n. 1.101 (11.)117-1111
Lo. c....."" llulto 101. 11111 ...417 Itroot. rort 101,.... n. 11.01 (11')_-1171
c.r1Jft..to .t ¿uu..rluUo. H... UI 38M oad IB I". ros. (11.)l1li-1101
NOT A SURVEY
LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2
DESCRIPTION: PARCEL 105
CLIENT: COLLIER COUNTY TR ;rATION DIVISI N
THIS LEGAL DE5CRIPTION AND SKETCH PREPARED BY:
BY:
CKNEY, P.S.M. NO. 5606
SCALE: N.T.S. DATE: AUG. 30. 2005
DRAWN E3Y: GWH PROJECT NO.: 8081-GR
ACAD NO: 9051-SD105R FILE NO: 9051