Parcel 332TDRE2 - Easement Agreement PROJECT NO.: 60168 Vanderbilt Beach Road Extension
PARCEL NO.: 332TDRE2
FOLIO NO.: 00209080009
TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
THIS TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered into on this day
of , 2021, by and between BENJAMIN WALKER, joined by his wife,
MICOLE WALKER, whose mailing address is 1240 Massey St, Naples, FL 34120,
(hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the
State of Florida (hereinafter referred to as "Purchaser"), whose mailing address is 3299
Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, FL 34112.
WITNESSETH:
WHEREAS, Purchaser has requested that Seller convey to Seller a Temporary
Driveway Restoration Easement (hereinafter referred to as "Easement") over, under,
upon and across the lands described in Exhibit "A" (hereinafter the "Property"), attached
hereto and made a part of this Agreement; and
WHEREAS, Seller desires to convey said Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
NOW, THEREFORE, in consideration of these premises set forth above, 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. RECITALS - 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. PURCHASE PRICE - Seller shall convey the Easement to Purchaser for the sum
of:
$1,700.00
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 Seller, payable by County Warrant, shall be full compensation for the
Easement conveyed, including (if applicable) all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final settlement
of any damages resulting to Seller's remaining lands, costs to cure, including, but
not limited to (if applicable), the cost to relocate the existing irrigation system and
other improvements, and the cost to cut and cap irrigation lines extending into the
Property, and to remove all sprinkler valves and related electrical wiring, and all
other damages in connection with conveyance of said Easement to Purchaser,
including all attorneys' fees, expert witness fees and costs as provided for in
Chapter 73, Florida Statutes.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Prior to Closing and as soon after
the execution of this Agreement as is possible, Seller shall provide Purchaser with
a copy of any existing title insurance policy and the following documents and
instruments properly executed, witnessed, and notarized where required, in a form
acceptable to Purchaser (hereinafter referred to as "Closing Documents"):
a. Temporary Driveway Restoration 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 Purchaser and its representatives
to execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. TIME IS OF THE ESSENCE - Both Seller and Purchaser agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement or within thirty (30) days of Purchaser's receipt of all
Closing Documents, whichever is the later. This agreement shall remain in full force
and effect until Closing shall occur, until and unless it is terminated for other cause.
At Closing, payment shall be made to Seller in that amount shown on the Closing
Statement as "Net Cash to the Seller.
5. MISCELLANEOUS REQUIREMENTS - Seller 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. REPRESENTATIONS AND WARRANTIES - Seller agrees, represents and
warrants the following:
a. Seller has full right, power and authority to own and operate the Property 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 Seller
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
Seller 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
Property or any portion thereof.
d. Until the date fixed for Closing, so long as this Agreement remains in force and
effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any
rights with respect to the Property, 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 Property.
f. Seller 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 Property or which adversely affect Purchaser's ability to perform hereunder;
nor is there any other charge or expense upon or related to the Property 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 Seller's representations
stated in this Agreement and on the understanding that Seller will not cause
the physical condition of the Property to change from its existing state on the
effective date of this Agreement up to and including the date of Closing.
Therefore, Seller agrees not to enter into any contracts or agreements
pertaining to or affecting the Property and not to do any act or omit to perform
any act which would change the physical condition of the Property or its
intended use by Purchaser.
h. 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 Seller
has no knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Property to be conveyed to the Purchaser,
that the Seller 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. INDEMNIFICATION - Seller 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 Seller's representations under paragraph 6(h). This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
8. CURATIVE INSTRUMENTS, TAXES - Purchaser shall pay all fees to record any
curative instruments required to clear title, and all Easement recording fees.
9. EFFECTIVE DATE - 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. TERM OF EASEMENT - The term of this Easement shall commence upon the
issuance of Purchaser's official Notice to Proceed to its roadway contractor for the
construction of Vanderbilt Beach Road Ext Project No. 60168, and shall
automatically terminate three (3) years therefrom.
11. BREACH AND TERMINATION - If either party fails to perform any of the covenants,
promises or obligations contained in this Agreement, such party will have breached
this Agreement and the other party may provide written notice of said breach to the
party in breach, whereupon the party in breach shall have 15 days from the date of
said notice to remedy said breach. If the party in breach shall have failed to remedy
said breach, the other party may, at its option, terminate this Agreement by giving
written notice of termination to the party in breach and shall have the right to seek
and enforce all rights and remedies available at law or in equity, including the right
to seek specific performance of this Agreement.
12. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the
Property, by the Seller is contingent upon no other provisions, conditions, or
premises 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 cancellation of this Agreement
shall be of any force or effect unless made in writing and executed and dated by
both Seller and Purchaser.
13. VENUE - 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 the
date first above written.
AS TO PURCHASER:
DATED: jc���,�
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA
Circuit Court & Comptroller
By:
Attest as "
� Penny Taylor, Chairperson
AS TO S
sELL ar1itsrk
DA1 ED: -
fess (Signature) BENJAMIN WALKER
N" e (Print or Type)
Wi ness (Signature) MICOLE WALKER
)aril e,5 h)a/iCe"
Name (Print or Type)
Approved as to form and legality:
0S2
Jennifer A. Belpedio *��
Assistant County Attorney 2�
EXHIBIT A
PAGE 1 of 1
\ \ , GARCIA, BENJ4AIIN & RAQUEL
M4RIA GARCIA& JOSE GARCIA
OR 3758/2912
00208720001
I
UNE TABLE
`POINT OFl)
LINE BEARING LENGTH
\BEGINNING L1 NOT 16.32"W 240.69'
L2 PIL3
WALKER. BEIUAMM L2 N8T43'28"E 35.00'
A OR 5229/3257
r 00209060009
°i L3 N8T43'28"E 40.00'
WEST LINE
SECTION 36�` t
L4 S02'16'32"E 60.00'
L5 PROPOSED
ARCEL 332 TDRE2 L5 S8T43.28"W 40.00'
2,400 SQ. FT.
POINT OF L6 NOT 16'32"W 60.00'
,COMMENCEMENT f. SENMER SCOT/.& SUSAN
D OR 2615/1448
0 00209160000
79305008042 0
m
—‹
79305008026 j ---I
79305008000 I m"I
N
W 41"--- E
TDRE PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT r OR OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED TDRE S
LEGAL DESCRIPTION (PARCEL 332 TDRE2)
A PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COWER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 36;
THENCE ALONG THE WEST UNE OF SAID SECTION 36, N.02'16'32"W., FOR 240.69 FEET;
THENCE N.8743'28"E., FOR 35.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE N.8T43'28"E., FOR 40.00 FEET;
THENCE S.02'16'32"E., FOR 60.00 FEET; t,L+ t l + i ,,
THENCE S.8T43'28"W, FOR 40.00 FEET; ` e. \ �,J��,.',
THENCE N.02'16'32'W., FOR 60.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DES •• .N* !S✓`•I^Ir,,.f j'.
CONTAINING 2,400 SQUARE FEET, MORE OR LESS. •
* ',•'•�'�\touat 4. " '
• 0 •
•
BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE _ 5301 ••
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`'f ered Land-',,
''',, , 11 '
NOV 1 2 2020 � 1 r'
0 60 120 240 eY J/ 1 i/, RAd
pICHAEL A. WARD. PROfESSIONAL UIt 0 SI II YO
SKETCH & DESCRIPTION ONLY FLORILIA REGISTRATION CERTIFICATE No. 5301
NOT A BOUNDARY SURVEY SCALE: 1"-120' SIGNING DATE:
THE WAS
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AU IzAL m BY MIICAEL AWiRD. Psis
VANDERBILT BEACH ROAD EXTENSION
6610 Witlow Park Drive,Sidle 200
SKETCH & DESCRIPTION OF: Naples,Florida 34109
PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT Phone:(239)597-0575 FAX:(239)597-0578
PARCEL 332 TDRE2illmaLi LB No:6852
COLLIER COUNTY, FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
060119.06.00 7 36 48S 26E 1" = 120' 11/2/20 DAM SK332TDRE2 1 OF 1