Parcel 204
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TRANSP RIGHT/WAY
[j1]OOl
Project: 62081 - Santa Barbara Boulevard
Parcel: 204
Folio: 38390920008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinaft r referred to as the "Agreement") is
made and entered into on this ii1:: day of , 2007, by and between
ANTHONY C. PURPERO, also known as AN aNY G. PURPERO, whose mailing
address is P.O. Box 210255, Milwaukee, Wisconsin 53221-8005 (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 01 this Agreement (hereinafter
referred to as thB "Ea.s~ment"); lmd
WHEREAS, Owner desires to convey the Easement to Purchaser for the stated
purposes, on the terms and cond~ions 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 acknowiedged, 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 $76,250.00 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 shall be in full and final settlement of any damages resuiting to
Owner's remaining lands, costs to cure, and all other damages in connection with
conveyance 01 said Easement to Purchaser, including all attorneys' fees, expert
witness fees and costs as provided lor in Chapter 73, Florida Statutes.
3. Prior to Closing, Own6i shall obtain fiOm the holders of any lh;ms, exceptions and/or
qualifications encumbering the Easement, the execution of such instruments which
will remove, release or subordinate such encumbrances Irom the Easement upon
their recording in the public records of Collier County, Florida. Owner shall cause to
be delivered to Purchaser the items specilied herein and the following documents
and instruments duly executed and acknowledged, in recordable lorm (hereinafter
referred to as "Closing Documents") on or before the date of Closing:
(a) Perpetuai. Non~exclusive Road Right-aI-Way, Drainage, and Utility
Easement 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
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consummate this transaction, as reasonably determined by Purchaser,
Purchasers 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 Irom 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 01 such
instruments, properly executed, which either remove or release any and all such
liens, encumbrances or qualifications affecting Purchasers 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 agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate th.. 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 01 the Easement shall not be deemed to be fuil
performance and discharge 01 every agreement and obligation on the part of
Owner to be performed pursuant to the provisions 01 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 lixed lor Closing, so iong as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion 01 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.
(I) 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 Owners
representations stated in this Agreement and on the understanding that
Owner will not cause the physicai condiilon 01 the property underlying the
Easement to change from its existing state on the effective date of this
Agreement up to and including the date 01 Closing. Therefore, Owner
agrees not to enter into any contracts or agreements pertaining to or
affecting the property underlying the Easement and not to do any act or omit
to perform any act which would adversely affect the physical condition of the
property underlying the Easement or its intended use by Purchaser.
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(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 Locel
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underiying the Easement
except as specifically disciosed to the Purchaser; that the Owner has no
knowledge of any sp ill 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 undertying 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 01 title.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
Irom, 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), penanies or lines incurred by or asserted
against the Purchaser by reason or arising out of the breach of any 01 Owne~s
representations under paragraph 6(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
8. Purchaser shall pay all lees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and/or lees 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 lor the protection 01 its security interest or as consideration lor
the execution 01 any release, subordination or satislaction, shall be the responsibility
of the Owner, and shall be deducted on the Closing Statement Irom the
compensation payable to the Owner per Paragraph 2. In accordance with the
provisions of Section 201.01. Florida Statutes, conceming payment 01 documentary
stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes
required on the instrument(s) of transfer, unless the Easement is acquired under
threat of condemnation.
9. This Agreement and the terms and provisions hereof shall be effective as 01 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 01 every person
having a beneficial interest in the property underlying the Easement before the
Easement held in such capac~ is conveyed to Purchaser. (II the corporation is
registered with the Federal Securities Exchange Commission or registered pursuant
to Chapter 517, Florida Statutes, whose stock is lor sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
11. Conveyance 01 the Easement, or any interest in the property underlying the
Easement, 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 01 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 Owner and Purchaser.
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12. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed Irom the Agreement, and the remaining provisions at this Agreement
shall remain in luli force and effect and not be affected by such invalidity.
13. This Agreement Is govemed and construed in accordance with the laws of the State
01 Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
Acquisition Approved by BCC pursuant to Resolution No. 2002-442 approved on the 22n'
day of October 2002, agenda item no. 10B.
AS TO PURCHASER:
DATED; 7J2~Ot-
ATTEST:
DWIGHT E. BROCK, Clerk
,
Cl
l
.'!
~~
as ANTHONY G. PURPERO
V'"".. VII kbll~)
Name (Print or Type)
Approved as to form and
/ia:iCiV~
Ellen T. Chadwell
Assistant County Attorney
La$t Revl$ra<I: 4125107
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ALL IlIAT PART OF TRACT 14, GOLDF:II GAlE" mATES UNIT 34, PlAT 800K 7. PAGE: 2J. COI.LlfR COUNTY.
FLOIIIOA, AND 8ElNG MORt PARTlCUIARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THo SOCITHCAST CORNER Of SAID TRACT 14:
THF:IICE: ALONG THE S1JUTH UNE: OF >AID LOT SOUTH 89'29'42" WEST 50,00 FE:U TO THE: POINT OF 8<GJNNlNG:
THE:NCE: COI>ITINUE" ALONG THE" SOCITH UNE OF SAiD LOT SOUTH 89'29'42" IItST 41.00 FEU;
THENCf LEAVING SAiD SOUTH LOT VIlE: NORTH 00'28'11' WF;sr 113.13 FEU;
"' THE"NCE: NORTH 53"27'00" wm 113.47 FrCT;
; THENCf SOUTH 89":15'44" lIf"ST 315.82 FrIT:
,THF:NCE: NORTH 00'24'16" WEST 10.00 FE:U TO A POINT ON THE SOUTH UNE OF THOSE lANDS DESCRI/iE:D IN
'O,R.8. 265J. PAG<S 1795-180/ OF THE PIJ8UC RE"COROS OF COWF:R Q/JI)I/TY. FLORIDA AND ALONG E"XISTlNG
"PINE: RIDGE I/OAI) I/1GHT OF WAY; .
: THF:llCE Al.ONG SAiD lANDS DESCII/BED AND SAiD RIGHT OF m4Y UNf! NORTH 89"35'44" EAST 412,02 FEU;
TIIF:IICf CONTIIjJJE ALONG THE ~D O.R.B. ANO SAID RIGHT OF WAY VIlE: SOIJTH 45"26'46" EAST SO.05 FrIT TO
THE: lIf"ST RICHr OF WAY OF LOGAN BOULfJlARO:
THENCf ALONG SAID lIf"ST RIGHT OF WAY SOUTH 00'2S'/1' ooT 155.90 ITIT TO THf! POINT OF BI!G/NNING,
CONTAINING 14,371 SOllME FE:U MORE" OR LESS.
.5IJBJECT TO E:ASEME:NTS 6: RI!STRICTIONS OF RE:CORD.
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