Parcel 492SWE 6A1 ;
PROJECT: 99999 — Naples Manor Sidewalk
PARCEL: 492SWE
FOLIO: 62200800006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this 12 tit day of Apr;I , 2022, by and between YOLANDA
JIMENEZ, a married person, whose mailing address is 5413 Warren Street, Naples, FL
34113 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision
of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of
the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a perpetual non-exclusive sidewalk easement
(hereinafter referred to as the "Easement") over, under, upon and across the lands described
in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made
a part of this Agreement; and
WHEREAS, Seller 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 Seller for conveyance of the
Easement subject to the terms and conditions set forth herein.
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. 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:
$8,180.00
payable by County Warrant, subject to the apportionment and distribution of proceeds
pursuant to Paragraph 9 of this Agreement. Purchaser also agrees to pay Seller's
attorney's fees of $2,475.00, payable by County Warrant to NJ Law PLLC (said
transaction hereinafter referred to as the "Closing"). Said payments 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, the cost to relocate the existing irrigation system and other
improvements (if any), and the cost to cut and cap irrigation lines (if any) extending
into the Easement, and to remove all sprinkler valves and related electrical wiring (if
any), and all other damages in connection with conveyance of said Easement to
f 6 A 5
Page 2
Purchaser, including all business damages, attorneys' fees, expert witness fees and
costs as provided for in Chapter 73, Florida Statutes.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Seller 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. 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) Sidewalk Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting Purchaser's enjoyment of the
Easement;
(c) Closing Statement;
(d) Affidavit of Title;
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Seller 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 Seller'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. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Seller agrees to
relocate any existing irrigation system located on the Property including irrigation lines,
electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project
without any further notification from Purchaser. Purchaser assumes full responsibility
for the relocation of the irrigation system (if any) on the remainder property and its
performance after relocation. Seller holds Purchaser harmless for any and all possible
damage to the irrigation system in the event Seller fails to relocate the irrigation system
prior to construction of the project.
OV:)
6 A15
Page 3
If Seller elects to retain improvements and/or landscaping ("Improvements") located on
the Property (if any), Seller is responsible for their retrieval prior to the construction of
the project without any further notification from Purchaser. Seller acknowledges that
Purchaser has compensated Seller for the value of all improvements located within the
Easement area, and yet Purchaser is willing to permit Seller to salvage said
improvements as long as their retrieval is performed before construction and without
interruption or inconvenience to the Purchaser's contractor. All improvements not
removed from the Property prior to commencement of construction of the project shall
be deemed abandoned by Seller.
This provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. CONSTRUCTION REQUIREMENTS—Purchaser shall install a culvert/storm drain and
minor drainage structures in the public right of way fronting the Property. Additionally,
Purchaser shall reset the brick pavers on the driveway and install new sod after
completion of construction of the sidewalk and culvert/storm drain.
7. 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.
8. REPRESENTATIONS AND WARRANTIES - Seller agrees, represents and warrants
the following:
(a) Seller 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 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.
4,,
� 6
A15
Page 4
(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 Easement or which adversely affect Seller'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 adversely affect the physical condition of the Property or
its intended use by Purchaser.
(h) The Property, 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 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 Easement Property to be sold 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.
9. 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 7(h). This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
10. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - Purchaser shall pay all
fees to record any curative instruments required to clear title, and all Easement
instrument recording fees. In addition, Purchaser may elect to pay reasonable costs
and/or processing fees required by lien-holders and/or easement-holders in connection
with the execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the Property 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
Al 5
Page 5
protection of its security interest, or as consideration due to any diminution in the value
of its property right, shall be the responsibility of the Seller, and shall be deducted on
the Closing Statement from the compensation payable to the Seller per Paragraph 2.
Purchaser shall have sole discretion as to what constitutes "reasonable costs and/or
processing fees." In accordance with the provisions of Section 201.01, Florida Statutes,
concerning payment of documentary stamp taxes by Purchaser, Seller shall further pay
all documentary stamp taxes required on the instrument(s) of transfer, unless the
Easement is acquired under threat of condemnation.
11. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of
sale all prior year ad valorem taxes and assessments levied against the parent tract
property which remain unpaid as of the date of Closing.
12. 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.
13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property,
by 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.
14. 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.
15. SEVERABILITY - 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.
16. VENUE - This Agreement is governed and construed in accordance with the laws of
the State of Florida.
6Ai5
Page 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO PURCHASER:
DATED: apy lay �OZZ,
ATTEST:
CRYSTAL K. KI, L, Clerk of the BOARD OF C• • ► •MMISSIONERS
Circui /*/ ptr.Iler COLLIER O FY, FLOR `
a• .. of
Or
,, e•ety Jerk Willy• m L. McDaniel, Jr., Ch.irman
• 'Attest as to Chairman.s
signature only.
AS TO SELLS •
2 S 2 d'77z
DATED:
'4/ando
ss (Sig ture) YOLANDA JIMENEZ
Nam (Print or Type
Wi ness (Signature)
rukt4 tJT9/4_,Qn
Name (Print or Type)
Approved as to form and legality:
\ate'
Jennifer A. Belpedio 1
Assistant County Attorney a�
O)j
6415
*Rf THIS IS NOT A SURVEY •"
PARCEL 99999-492SWE EXHIBIT rJ
5417 WARREN STREET SIDEWALK EASEMENT PEW of
SKETCH
A PORTION OF SECTION 29 TWN 50 S RNG 26 E
PARCEL No.62200800006
\ \\
\ -4' \ _
rii
it
LINE BEARING DISTANCE
L1 S 50'22'40" W 7,3.77' \ �',j, \
L2 N 88'06'40" E 2t-3-2�
CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARIN CHORD LENGTH .•
C1 46.37' 439.85' 6'02 26 N 39'14 05 E 46.35
C2 11.25' 82.18' 7'50'32" N 22'34'59" E 1 h24` \.
\ \
\\
L2
—...—— i
,
ef,,- . N /\ \
\ 5417 WARREN STREET '
\ ,'
/ � l
D� \ �,4C `l \
/ 4 \
\ j .�4'. ,� S\ \
\ \ N.
\\ / �V \ \
\ �/ V A\
\\ %/" / \
\ Y ,K \
., 7 \ \ \
I CERTIFY THAT THIS MAP WAS MADE UNDER MY.°i)JRRCtON•AND THAT 1T
MEETS THE MINIMUM TECHNICAL STANDARDS SET F TN:`•BY THE`BOARtr.OF
THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 8J-17.Q50 THROUGH .052 FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.927. FLO bA STATUTES.
SIGNATURE AND RAISED SEAL OF THE FLORIDA ; »
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM '•,': `
FLORIDA REGISTRATION No. 65�A ' : '"� ' '.'•
FOR COWER COUNTY L//f�i' l� / j,� -" ."%,:?"
DATE SIGNED: /��LL1t /J (l� . ' "'
BOARD OF COUNTY COMMISSIONERS TITLE 5417 WARREN STREET'"“
COLLIER COUNTY, FLORIDA SIDEWALK EASEMENT
TRANSPORTATION ENGINEERING DIVISION
MS scum HORSESHOE DRIVE
NAPLES.FLORIDA 34t04(2::e)262-8IO2 DATE 1 PROJ No. 1SHEET 1 of 2 FILE:
l 115
*** THIS IS NOT A SURVEY ***
PARCEL 99999-492SWE EXHIBIT ...^..,.++.
5417 WARREN STREET SIDEWALK EASEMENT f
DESCRIPTION me+►""'"'""
A PORTION OF SECI•ION 29 TWN 50 S RNG 26 E
PARCEL No.62200800006
DESCRIPTION:
A PORTION OF LOT 5, BLOCK 3 OF THE NAPLES MANOR EXTENSION PLAT AS RECORDED IN
PLAT BOOK 3, PAGE 101 LYING IN THE NORTH HALF OF SECTION 29, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT NORTHEAST CORNER OF SAID LOT 5;
THENCE ALONG THE NORTHERLY RIGHT OF WAY(ROW)LINE OF WARREN STREET (60'ROW)
S 50°22'40" W A DISTANCE OF 73.77' ;
THENCE DEPARTING SAID ROW WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH
OF 46.37' , WITH A RADIUS OF 439.85' , WITH A DELTA ANGLE OF 06°02'26", WITH A
CHORD BEARING OF N 39°14'05" E, WITH A CHORD LENGTH OF 46.35' ;
THENCE WITH A COMPOUND CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF
11.25' , WITH A RADIUS OF 82.18' , WITH A DELTA ANGLE OF 07°50'32", WITH A
CHORD BEARING OF N 22°34'59" E, WITH A CHORD LENGTH OF 11.24' TO A POINT ON
THE NORTH LINE OF SAID LOT;
THENCE ALONG THE NORTH LINE OF SAID LOT N 88°06'40" E, A DISTANCE OF 23.20'
TO THE POINT OF BEGINNING.
HAVING AN AREA OF 428.73 SQUARE FEET, 0.010 ACRES
NOTE: THE NORTH LINE OF LOT 5 OF SAID PLAT BEARS N 88°06'40" E.
BOARD OF COUNTY COMMISSIONERS TITLE
COLLIER COUNTY, FLORIDA 5417 WARREN ST SIDEWALK EASEMENT
DATE I PROJ No. ISHEET 2 of 2 FILE: