Parcel 703/803
PROJECT: Collier Boulevard 60001
PARCEL No(s): 803/703
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this 2 3 day of 11/\. A Y , 20 07. by and between CITY OF
MARCO ISLAND, a municipal corporation organized under the laws of the State of
Florida, whose mailing address is 50 Bald Eagle Drive, Marco Island, Florida 34145
(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, Utility and
Pathway Easement (Parcel No. 803) over, under, upon and across the lands described in
Exhibit "A," which is incorporated herein by reference, for the purpose of construction,
installation and maintenance of facilities, excluding roadway facilities, but including, without
limitation, a multi-purpose, intermodal pathway, sidewalk, drainage and utility facilities,
including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall
systems, underground pipes, various types of water control structures, and any and all
manner of public and private utility facilities over, under, upon and across the lands
described in Exhibit "A" which is incorporated herein by reference; and
WHEREAS, Purchaser requires a Temporary Construction Easement (Parcel No.
703) for temporary entry over, under, upon and across the lands described in Exhibit "B,"
which is incorporated herein by reference; and
WHEREAS, Parcels 703 and 803 are hereinafter collectively referred to as
"Easements;" and
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 Easements to Purchaser for the sum of $969,700.00 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 Easements
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 Easements to Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easements, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easements 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
Easement Agreement
Page 2
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, Utility and Pathway Easement (Parcel
803);
(b) Temporary Construction Easement (Parcel 703);
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Owner 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. 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
Easements. 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 Easements, 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 Easements shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner or Purchaser 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 Easements 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 Easements or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Easements, 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.
Easement Agreement
Page 3
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easements.
(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 Easements or which materially and adversely affect Owner's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Easements 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
Easements 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 affecting the
property underlying the Easements and not to do any act or omit to perform
any act which would change the physical condition of the property underlying
the Easements or the governmental ordinances or laws governing same.
(h) To the best of Owner's knowledge, the property underlying the Easements,
and all uses of the said property, have been and presently are in compliance
in all material respects with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or
transferred on the property underlying the Easements 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 Easements 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 Easements; b) any existing or threatened environmental lien
against the property underlying the Easements; or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment, spill
or transfer of hazardous substances on the property underlying the
Easements. 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 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 Easements; 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.
10. Conveyance of the Easements from Owner to Purchaser, in and of itself, shall not
operate to require Owner to file a new Site Development Plan (SDP) for future
development of the property. Furthermore, Purchaser is not acquiring a right-of-way
easement, but rather an easement only for those purposes set forth above and the
Easements shall not be construed or characterized by Collier County's Community
Easement Agreement
Page 4
Development and Environment Services Division as right-of-way thereby affecting
existing or future setbacks.
11. 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.
12. To the extent permitted by law and without waiving the sovereign immunity
protections afforded it under Section 768.28, Florida Statutes, Purchaser shall
indemnify, defend, save and hold harmless Owner, the Owner's officers, agents
and/or employees from and against any suits, demands, claims, liability, losses,
penalties, damages, judgments, order, decrees, and costs and expenses (including
attorneys' fees and all costs of litigation) for property damage, liability, or death which
may result from any willful misconduct or negligent act, error, or omission of the
Grantee which occurred or is alleged to have occurred concerning the use by
Grantee of the Easements and the easement areas described therein. This provision
shall survive the Closing and conveyance of the Easements by Owner to Purchaser.
13. Conveyance of the Easements, or any interest in the property underlying the
Easements, by Owner 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 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.
14. 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.
15. 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: 5 23.07
ATTEST: .
DWIGHT E. BROO~, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER CO,??:'
BY: ..(j~
James Coletta, Chairman
~:~~OL.
At '. . '. b y Clerk
tdt .. to Qat,.. s
Itgnat.....'iolll "'
Approved as to form and
Legal sufficiency:
~,J't [ ~
," Ellen. Chadwell
ASSistant County Attorney
Easement Agreement
Page 5
AS TO OWNER:
DATED: '--) - / to - 0 7
ATTEST:
,
LAND, FLORIDA
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(U3uraLitza ~ityClerk
Approved as to form and
Legal sufficiency:
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S,E. CORNER OF
SECTION 34
TOWNSHIP 50 SOUTH
RANGE 26 EAST
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A.E.
O.R. BOOK 1970
PAGES 1664-1668
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Revised bearing distance 05/06
Legal Description
A portion of Section 34, Township 50 South,
Range 26 East, and Section 3, Township 51
South, Range 26 East, Collier Coounty, Florida
ond 0 portion of the lands described in
Official Records Book 1970. Page 1667 of
the Public Records of Collier County, Florida,
being more particularly described as follows.
Commencing at the southeast corner of
Section 34, Township 50 South, Range 26
East, Collier County, Florida; thence North
00'51 '28" East along the East line of said
Section 34, 0 distance of 3449.84 feet;
thence leaving said line North 89'08'32" West.
o distance of 498.27 feet to 0 point 35.00
feet southeasterly of the southeasterly
right-of-way line of Collier Boulevard being
175,00 feet in width and the POINT OF
BEGINNING; thence South 35'38'59" West, 0
distance of 4,265.03 feet to 0 point on the
south line of said described lands; thence
North 54.20'41" West along said south line, a
distance of 35.00 feet to the southeasterly
right-of-way line of said Collier Boulevard;
thence North 35'38'59" East along said
southeasterly right-of-way line, 0 distance of
4,240.70 feet to its intersection with the
north line of said described lands; thence
South 89'08'32" East along said north line, 0
distance of 42.62 feet to the POINT OF
BEGINNING.
Containing 3.417 acres, more or less.
LINE TABLE
LINE LENGTH BEARING
L141 35.00 N54'20'41"W
L142 42.62 S89'08'32"E
NOTES:
1. This is not a survey.
2. Basis of bearing is the West line of
County Rood 951 (CR. 951) being N
00.50'44" E, Florida State Plane Coordinates
NAD 83/90, East Zone.
3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon are per plat,
unless otherwise noted.
5. ~imensions are in feet and decimals
thereof.
6. Certificate of authorization LB 43.
7. R/W represents Right-ai-Way.
8. P.O.B. represents Point of Beginning.
9. P.O.C. represents Point of Commencemen
10. O.R. represents Officio! Records.
1,. L.B.E. represents Landscape Buffer
Easement.
12. U.E. represents Utility Easement.
13. F.P.L.E. represents Florida Power & Light
Easement.
14. o.E. represents Orainage Easement.
15, S.E. represents Sidewalk Easement.
16. P.U.E. represents Public Utility Easement.
J3
H ATT, .S.M. (FOR THE FIRM)
FLA. LlC, O. 5834
NOT VALID WITHOUT TI-IE SIGNA TURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
This is NOT a Survey.
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A.E.
O.R. BOOK 1970
PAGES 1664-1668
POC
S.E. CORNER
SECTION 34
TOWNSHIP 50 SOUTH
RANGE 26 EAST
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05/06
Legal Description
A portion of Section 34, Township 50 South, Ronge
26 East, and Section 3, Township 51 South, Range
26 East. Collier Coounty, Florida and 0 portion of
the lands described in Official Records Book 1970,
Page 1667 of the Public Records of Collier County.
Florida. being more particularly described as follows.
Commencing at the southeast corner of Section 34,
Township 50 South, Ronge 26 East, Collier County,
Florida; thence North 00'51 '28" East along the East
line of said Section 34, 0 distance of 3449.84 feet;
thence leaving said line North 89'08'32" West, 0
distance of 492.18 feet to 0 point 40 feet
southeasterly of the southeasterly right-ot-way line
of Collier Boulevord being 175.00 feet in width and
the POINT OF BEGINNING; thence South 35'38'59"
West, 0 distonce of 1897.93 feet; thence South
54'21'01" East, 0 distance of 20.00 feet; thence
South 35'38'59" West, 0 distance of 977,33 feet;
thence North 54'21 '01" West, 0 distance of 20,00
feet; thence South 35038'59" West, 0 distance of
1.39.3.25 feet to a point on the south line said
described lands; thence North 54'20'41" West along
said sauth line, 0 distance of 5.00 feet; thence
leaving said line North .350.38'59" East, a distance
of 4,265.0.3 feet to its intersection with the north
line of said described lands; thence South 89'08'32"
East alang said north line, a distance of 6.09 feet
to the POINT OF BEGINNING.
Containing 0.9385 acres, more or less.
LINE TABLE
LINE LENGTH BEARING
L143 5.00 S54'20'41"E
L144 6.09 S89'08' 32" E
L168 20,00 S54'21'01"E
L 169 20,00 N54'21 '01"W
NOTES:
,. This is not a survey.
2. Basis of bearing is the West line of
County Rood 951 (CR. 951) being N
00'50'44" E, Florida State Plane Coordinates
NAD 83/90, East Zone.
J. Subject to easements. reservations and
restrictions of record.
4. Easements shown hereon ore per plat.
unless otherwise noted.
5. Dimensions ore in feet and decimols
thereof.
1
800
6. Certificate of authorization LB 4.3.
7. R/W represents Right-ol-Way.
8. P.O.B. represents Point of Beginning.
9. P.D.C. represents Point of Commencemen
10. D.R. represents Official Records.
1,. L.B.E. represents Landscape Buffer
Easement.
12, U.E. represents Utility Easement,
13. F.P.L.E. represents Florida Power & Light
Easement.
14. D.E. represents Drainage Easement.
15. S.E. represents Sidewalk Easement.
16. P. U.E. represents Public Utility Easement.
DAVID J. HYA!T, 'M. (FOR TliE FIRM)
FLA. LlC. NO. 583
NOT VALID WITHOUT THE SIGNA TURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
This is NOT a Survey,
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