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Parcel 808 PROJECT: 511012 PARCEL No: 808 FOLIO No: 00443280005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (h~after referred to as the "Agreement") is made and entered into on this ~ day of 'l , 20 01-, by and between ROBERT J. HODGE, whose mailing address is 1601 NW 6th Street, # 3, Fort Lauderdale, Florida 33311 - 7839, (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 Drainage 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 $13,500.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 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 shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, and all other damages in connection with conveyance of said Easement to Purchaser, including all expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Owner shall also receive a reasonable attorneys' fees in the amount of $3,333.34 made payable to Ruden McClosky for legal services. 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 cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Perpetual, non-exclusive Drainage Easement; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to Easement Agreement Page 2 consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within ninety (90) 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 Easement. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner and Purchaser 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. 6. 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. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, 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) Purchaser's acceptance of the Easement 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 Purchaser has any right or option to acquire the Easement 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 Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) 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 Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser 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 Easement 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 Easement Agreement Page 3 affecting the property underlying the Easement and not to do any act or omit to perform any act which would change the physical condition of the property underlying the Easement or the governmental ordinances or laws governing same. (h) 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. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. 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 underlying the Easement; 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. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Shall. further pay ~ documentary stamp taxes required on the instrument(s) of trans a:ftpe (jy This Agreement and the terms and Provis:1!Ver2J 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. 11. 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.) 12. Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises Easement Agreement Page 4 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 consensual cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. 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. 14. 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 9-n, day of Aj'o ("II , 20~. Property acquisition approved by BCC pursuant to Resolution No. 2004-205, dated June 8, 2004. AS TO PURCHASER: DATED:. " , \'Zoo1 A TTEST,:b DWIGHl"E.BR<x;K, ~Ierk ^VJ\ . . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY dl~~#'L," . ." .,) * rt: ~,.4 ,~.Jo '" ,.;',~ t';,~ ~.I" AS TO OWNER: DATED: :::t'QI1' )3. ;)fJV'7 ~Uuf X' /!PC( Witness (Signature) Name: 7/it)1f1,J5 g 13~lJ: -print or Type) {(j! .' '.~ Witness' ignature) Name: r! F Yo/} 11 S /-cYJ (Print or Type) ~ Approved as to form and legal sufficiency: [ '- / r{j- lien 1. Chadwell Assistant County Attorney PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT 51 )0/2- PARCEL _ ~ Boo FOLIO 00 4'" ~ Z.80d,9S P.O.B. NW COR. SEC. 32, TWP. 50S, RGE? / S 89038'10" E 300.00' a s: ~ o lO .... . o '" Co ~ \ N CI) P.O.B. I N 89038'10" W 300.00' ~Co 80, ~I PARCEL 8DS ., TAX PARCEL 52 ~ ~ I CI) - 601- S 89038'10" E 300.00' 1 w a - r"8 ~g N ~ Z PEh.-1!1 UAL. NOH-Excl.USIVE DRAINAGe EA8EMENT LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02'48'30" W ALONG THE WEST LINE OF SAID SECTION 32 450.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02'48'30" W 150.00 FEET; THENCE S 89038'10" E 300.00 FEET; THENCE N 02048'30" E 150.00 FEET; THENCE N 89038''10'' W 300.00' TO THE POINT OF BEGINNING. GENERAL NOTES 1) P.O.C. = POINT 01' 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 B) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR ~.ED BY: .'./ . , ;?;--~;;;t;;_t:_(L~~______________ GEORGE R.RICHMOND P.L.S. 2406 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI T:RAllc NAPLES, FLORIDMl4112 . ~ '. 1-....".- ~.....Al,~, NOT TO SCALE DATE FILE NO. JUNE 8, 2000 GWY817 SHEET 1 OF 1 ~I Ruden ~I McClosky 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE, FL 33301 P. 0. BOX 1900 FORT LAUDERDALE, FL 33302-1900 TELEPHONE: (954) 527-2474 FACSIMILE: (954) 333-4074 THOMAS.BOLF@RUDEN.COM January 24, 2007 ~~C~JVIEO Ms. Margaret Kreynus Right-of-Way Acquisitions Collier County Transportation Services Division 2885 South Horseshoe Drive Naples, FL 34104 r - '/:: ,'{. r' t ' ',", f/j Dept. Re: Collier County Acquisition from Curtis, Angelita and Robert Hodge Parcels 808, 810 and 812 Dear Margaret: In follow-up to our prior communications, I met with my clients, Angelita, Curtis and Robert Hodge, regarding the above-referenced matter. I enclose herewith the executed originals of the Easement Agreements, as executed by Angelita and Curtis Hodge, Jr. (as to Parcels 810 and 812) and Robert J. Hodge (as to Parcel 808). Please note that in each of the documents, Paragraph 9 has been revised and indicate the documentary stamps will be payable by the Purchaser instead of the Owner. At my meeting, my clients noted that this is a forced transaction and at the County's behest, and thus the County should bear those expenses. In addition, pursuant to Attorney General's Opinion 94-56, I believe the County is exempt from paying documentary stamps on this transaction, so it should not affect the business terms. The Easement Agreements contemplate the execution by my clients of a Drainage Easement. You have provided to me the form of that Drainage Easement, and I have sent to you a January 22, 2007 e-mail summarizing revisions to same. I enclose herewith the revised Drainage Easement which my clients anticipate executing as part of this transaction. Kindly review the Drainage Easement, as revised. with the appropriate County personnel. and provide me any comments. Thank you for your assistance. Please contact me should you have any questions concerning the foregoing. i:/q' Thomas R. Bolf TRB:fj Ene. cc: Heidi Ashton, Esquire (wlDrainage Easement) Mr. Robert J. Hodge (w/Drainage Easement) Mr. and Mrs. Curtis Hodge, Jr. (w/Drainage Easement) FTL:205470B:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE . SARASOTA. S1. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH