Parcel 126RDUE
PROJECT: 68056
PARCEL No: 126RDUE
FOLIO No: 37989960001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this ~J,C day of -JLVI4' , 2008, by and between
ANTONIO C. ROJAS AND NANCY ROJAS, husband and wife, whose mailing address
is 885 Grand Rapids Boulevard, Naples, FL 34120-4429, (hereinafter collectively referred
to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter
referred to as "Purchaser").
WHEREAS, Purchaser requires a perpetual, non-exclusive right-of-way, drainage
and utility easement to enter upon and to install and maintain roadway, bike path and
sidewalk improvements, drainage structures, including but not limited to ditches, swales,
earthen berms, rip-rap and retaining wall systems, underground pipes, various types of
water control structures, the right to remove and use any and all excavated material, and
any and all manner of public and private utility facilities over, under, upon and across the
following described lands located in Collier County, Florida, and described in Exhibit "A.",
which is attached hereto and made a part of this Agreement (hereinafter referred to as the
"Easement"); and
WHEREAS, Owner 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 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 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 Easement to Purchaser for the sum of:
$22,000.00
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
Easement 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, including but not limited to the
cost to relocate the existing irrigation system and other improvements, and the cost
to cut and cap irrigation lines extendinq into the Easement. 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. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easement 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
Page 2
and instruments duly executed and acknowledged, in recordable form (hereinafter
referred to as "Closing Documents") on or before the date of Closing:
(a) 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
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
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 agrees to relocate any existing irrigation system located on the Easement
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement the Owner is responsible for their retrieval prior to the construction
of the project without any further notification from Purchaser. Owner acknowledges
that Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permit Owner to salvage the Improvements as long as their
retrieval is performed before construction and without interruption or inconvenience
to the County's contractor. All Improvements not removed from the Property prior to
commencement of construction of the project shall be deemed abandoned by
Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. 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.
7. Owner agrees, represents and warrants the following:
(a) Owner has iull 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 Owner 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
Owner to be performed pursuant to the provisions of this Agreement.
Page 3
(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 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 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.
(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 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 Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the property underlying the
Easement 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 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.
(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 Local
el1vironmental laws; that no hazarrjous substanc:es have been generated,
stored, treated or transferred on the property underlying the Easement
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 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 underlying 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 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 Easement 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 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
Page 4
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. In accordance with the
provisions of Section 201.01, Florida Statutes, related to the exemptions against
payment of 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.
10. 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.
11. 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 of every person
having a beneficial interest in the property underlying the Easement 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.)
12. Conveyance of 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 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 Owner and Purchaser.
13. 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.
14. 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: ~\1>\\~
ATTE. .dd,)D~' ii',!;-
DwlGBr E.~Mbc. K, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FL RIDA
BY:
TOM HENNING, Chairman
AS TO OWNER:
DATED: ~~ f)) ~)8
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IN itness \$\'~natu re)
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Name (Print Typ)
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ANTONIO C. ROJAS :)
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Approved as to form and
legal sufficiency:
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Ellen T. Chadwell
Assistant County Attorney
Page 5
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TRACT 105
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK 7, PAGE 17
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TRACT 126
DEL RISCO
OR 4069/1417
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TUMBLESON & ERWIN
OR 3727/2324
WEST 75' OF
TRACT 105
ROJAS
.OR 2653/2228
PRUITT
OR 2597/1365
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PROPOSED ROADWAY
EASEMENT PARCEL 126RDUE
4,500 SQ, FT.
46+0
47+00
49+00
50+00
51+00
WHITE BOULEVARD
----
OR = OFFICIAL RECORDS (BOOK/PAGE)
kXxX)j
r//J
PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (ROUE)
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7, PAGE 17
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARD
, 0,,,,\,,\) I",'
A PORTION OF TRACT 105, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7.,PA~E'17'OF,"THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 11 AND 14. TOWNSHiP. 4.9"SO~JH, . RANGE
EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. .'r"" :";" (:; ." .I J .
, : (r P')' I ~, ",
THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE WeST 75 FEET OF SAID TR'\~/[iI;T ol >: ,';(.tt 1;' ;
CONTAINING 4,500 SQUARE FEET. MORE OR LESS. ,'; ....':.. ("'" /(f~JIu1
o 40 80 160 BY 1, ", I I"
I f;!ICHAEL A, 'WAIl.D, ,'PROFE~S'\ClN:At : LAND, SURVEYOR
[ SCALE 1"~8O' ~~g~~~ ~fi'\::RATlONCERTIF[~Y\'W5301
NOT VALID WITHOUT THE ORIGINAL: SIC'NATURE; .'& RAISED EMBOSSED SEAL OF
OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
LEGAL DESCRIPTION FOR PARCEL 126RDUE
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 125RDUE
COLLIER COUNTY, FLORIDA
JOB NUMBER
'50105.00.D1 0001
SCALE
1" ~ 80'
D'XT ^ rnc~tiOn
CONSULTING Civil EngineeriiJg
.&. '" ,~ .... Surveying & Mapping
6610 Willow Park Drive, Suite 200
Naples,Florida34109
Phone: (239) 597-0575 FAX: (239) 597-0578
lB No.: 6952
FILE NAME
UN27 SK126RDUE
SHEET
OF 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's silIDature. draw a line throue:h routine: lines #1 throu\!h #4, comulete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2,
3,
4,
5, Sue Filson. Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
surrunary. Primary contact infoonation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Dee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Margaret Kreynus Phone Number 252-5846
Contact
Agenda Date Item was 11/1312007 Agenda Item Number lOB
Approved bv the BCC
Type "f Document Easement Agreement Number of Original One
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCe Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a Ikable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BeC ollice within 24 hours of Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on 11/13/2007 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chao es, if a licable.
Yes
(Initial)
N/A(Not
A Iicable)
2.
3.
4.
5.
6.
Yes
N/A
N/A
Y e\~'J
\.,
Please scan under Collier Boulevard 68056 as Parcel 126RDUE in the BMR Real
ProDertv folder. Thank you.
I: Formsl County Forms! Bee Forms/ Original DocumenLs Routing Slip WWS Original 9.01.04. Revised 1.26.05. Revised 2.24.05
MEMORANDUM
DATE:
July 23,2008
TO: Ms, Sue Filson, Executive Manager
W
FROM:\~ Margaret J, Kreynus, Senior Acquisition Specialist
RE: Easement Agreement
Collier Boulevard, #68056, Parcel No, 126RDUE
Antonio C. Rojas and Nancy Rojas
Attached is a copy of the Easement Agreement in the amount of $22,000,00 ready for
execution by Chairman Tom Henning, This represents a settlement in the amount of the
County's offer. The Board of County Commissioners on November 13, 2007 under
Agenda Item No, lOB, approved Resolution No, 2007-326 that authorized the acquisition
of fee simple right-of-way and related easements required for the expansion of Collier
Boulevard, and further authorized its Chairman to execute various Agreements on behatf
of the Board,
Please ask Chairman Henning to sign the attached Easement Agreement on behalf of the
Board of County Commissioners and forward to the Clerk of Minutes and Records for
attestation, Thank you,
MEMORANDUM
Date:
July 24, 2008
To:
Margaret J. Kreynus
Senior Acquisition Specialist
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Easement Agreement - Collier Blvd #68056
Parcel #126RDUE
Attached, please find the original above referenced document
(Agenda Item #10B), which was approved by the Board of County
Commissioners on Tuesday, November 13, 2007.
The original document has been retained by the Minutes & Records
Department as part of the Board's permanent record,
If you have any questions, please contact me at 252-8411,
Thank you,
Enclosure