Parcel 161DE PROJECT: 88888 — Goodland Drive
PARCEL: 161DE
FOLIO: 46420280008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this /6 day of /)1r7 , 2022, by and between TRENT B.
SMITH and KRISTIN P. SMITH, Trustees of the Smith Revocable Trust dated August 21,
2020, whose mailing address is 329 Irvine Avenue, Newport Beach, California 92663
(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, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a perpetual, non-exclusive Drainage 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 County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, the County will construct the project in substantial conformity with the
construction plan sheet attached hereto as Exhibit "B" and made a part of this Agreement;
and
WHEREAS, Purchaser has agreed to compensate Seller 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. 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:
$24,500.00
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 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, the cost to relocate
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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 Purchaser, including all 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 County (hereinafter referred to as "Closing
Documents"):
(a) Drainage 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
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damage to the irrigation system in the event Seller fails to relocate the irrigation system
prior to construction of the project.
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. 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.
7. 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.
(f) Seller has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
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Page 4
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.
8. 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.
9. 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
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.
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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.
10. 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.
11. 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.
12. PUBLIC DISCLOSURE - If the Seller holds the Property in the form of a partnership,
limited partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name
and address of every person having a beneficial interest in the Property before the
Easement held in such capacity is conveyed to Purchaser. (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.)
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.
Page 6
16. 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: c, t.f .", i�, 2O 2 Z
ATTEST:
CRYSTAL K. KIN,ZL, Berk of the BOARD OF II,'i'' ' _ •MMISSIONERS
Circuittourt & Coy ,troller COLLIER T , FLO" 9AAlto
BY: 1,L \ . BY: d —_ als*
to ch'a4r> '^.sty Vii Will:m L. McDaniel, Jr., Chairman
Attic as
sigr Iture only.
AS TO SELLER:
DATED: S /l /Z0L2 7
r -fri47(- 2 , ;,z,.0
(Signature) TRENT B. SMI H, Individually and as
Trustee of the Smith Revocable Trust
1-6k: O e N11 k V\ dated August 21, 2020
(Print Name)
—I- /1/1 '/v- vA )hi......_ e, 41).. ..,--------. -
(Signature) KRISTIN P. SMITH, Individually and as
_ Trustee of the Smith Revocable Trust
-Ti-to 4- Sr,. �►"n Jr- dated August 21, 2020
(Print Name)
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney ti\tiv
Last Revised 05/05/21 \
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EXHIBIT
Page / of o� �c
LEGAL DESCRIPTION & SKETCH N ~
DRAINAGE EASEMENT
SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST �"..._7,•.
P.O.B. COLLIER COUNTY, FLORIDA f'� -
1
P.O.C. N 85°17'17" E
NORTHWEST 30.0'(P) A 'r
CORNER LOT i L2 •
s CANAL 4
2 �\ ,-'
WATERWAY
(P)
0 10 20
6` ,�coo N T A is ismo IIIIJ
INTENDED DISPLAY SCALE: 1"= 20'
ti? -', AI)` R, N 85°17'17"_E
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C2 72 DRAINAGE ul
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f''� �° a EASEMENT
TE m
��W 4t.P AREA = 617 SQUARE FEET N
JUL 22 2021 ° 01 c� W
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LOT 1, BLOCK C,
GOODLAND ISLES ko
ED
A = DELTA ANGLE OF CURVE FIRST ADDITION o
(F) = FIELD P.B. 8, PG. 1 0
C.B. = CHORD BEARING
C.D. = CHORD DISTANCE
L = LENGTH OF CURVE
(P) = PLAT A = 76°30'00"(P)
L = 33.38'(P)
P.B. = PLAT BOOK
PG. = PAGE R = 25'(P)
1 P.O.B. = POINT OF BEGINNING C.D. = 30,95'
P.O,C, = POINT OF COMMENCEMENT C.O. = N 56°27'43" W
R = RADIUS 50,29'(P)
S 85°17'17" W
LINE TABLE -
` ,
LINE BEARING DISTANCE , ' ,• �<'�, 1!
ALL DISTANCES; AR�'"cALLUL'l,r p.., )
L1 N 85 17'17" E 5.88
UNLESS OTHEEWISE \C OTED. �,�
L2 N 85°17'17" E 24.12' ✓ ., ,..---2 , r, .
!0 Lls .. : 5..
L3 S 18°12'43" E 14.29' -! ' .
L4 S 57 46 47 ' W 30.07' ti;tA }� �`
L5 N 57'46'47" E 5.90' 'HBO b.:3P?"TEJ)
L6 N 18°12'43" W 2,$0' PROFS'SSIQ11AL51/RVE,YORANd'MAPPER
FLORID.1'ZERT!F!CATE.'VO. 5688
NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND
NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
AIM Engineering&Suveying,Inc. LEGAL DESCRIPTION & SKETCH
2161 FOWLER STREET, SUITE 100
FORT MYERS, FLORIDA 33901
IVtYw,dhl)el1gr.00m DRAWN: CHECKED: CLIENT:
PHONE (239) 332-4569 SJN 7-12-21 RLP 7-14-21 COLLIER COUNTY
LOLL FREE (800)226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY:
`A I M LICENSED ROSINESS No, 3114 21-1233 16 52 5 27 E COLLIER SHEET 1 OF 2 f
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EXHIBIT
Page of c31
LEGAL DESCRIPTION & SKETCH
DRAINAGE EASEMENT
SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST
COLLIER COUNTY, FLORIDA
DRAINAGE EASEMENT
That part of Lot 1, Block C, of GOODLAND ISLES FIRST ADDITION, according to
the plat thereof, as recorded in Plat Book 8, Page 1, of the Public Records of
Collier County, Florida, lying in Section 18, Township 52 South, Range 27 East,
Collier County, Florida, being more particularly described as follows:
COMMENCE at the northwest corner of said Lot 1, said corner being on the
easterly right of way line of Goodland Drive West; thence departing said easterly
right of way line, run along the north line of said Lot 1, North 85°17'17" East, 5.88
feet to the POINT OF BEGINNING; thence continue along said north lot line, North
85°17'17" East, 24.12 feet to the northeasterly corner of said Lot 1 and a point on
the westerly line of a canal, 50 feet wide; thence along the easterly line of said Lot
1 and the westerly line of said canal, South 18°12'43" East, 14.29 feet; thence
departing said easterly lot line and said westerly canal line, South 57°46'47"West,
30.07 feet to the westerly line of said Lot 1 and the easterly right of way line of the
aforementioned Goodland Drive West; thence along said westerly lot line and said
easterly right of way line, North 18°12'43"West, 25.77 feet; thence departing said
westerly lot line and said easterly right of way line, North 57°46'47"East, 5.90 feet
to the north line of said Lot 1 and the POINT OF BEGINNING.
Containing 617 square feet, more or less.
THIS IS NOT A SURVEY
AIM Engineering&Surveying,Inc. LEGAL DESCRIPTION & SKETCH
2161 FOWLER STREET, SUITE 100
l? FORT MYERS, FLORIDA 33901
Ivlvw.aimengr.rom DRAWN: CHECKED: CLIENT:
PHONE(239)332-4569 SIN 7-12-21 RLP 7-14-21 COLLIER COUNTY
TOLL FREE (800)226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY:
A I M LICENSED BUSINESS No. 3114 21-1233 18 52 S 27 E COLLIER SHEET 2 OF 2
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THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.00/, F.A.C.
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