Parcel 144RDUE and 145RDUE
PROJECT 620B1
PARCEL Nos. 144RDUE and 145ROUE
FOLIO Nos. 38169360006 and 38169400005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") IS made and
entered into an this :l1_~ day of f1?tlLC# 2009, by and between EDWARD L
THOMPSON. AS SUCCESSOR TRUSTEE OF THE EDWARD L. THOMPSON LIVING TRUST
UAD FEBRUARY 23. 2006. AND EDWARD L. THOMPSON AS SUCCESSOR TRUSTEE OF
THE DOLORES F. THOMPSON FAMILY TRUST VAD FEBRUARY 23, 2006 whose mailing
<3ddress IS 1093 Christopher Court, Naples, Flcrida 34014. {hereinaher referred to as "Own~r"')
and COLLIER COUNTY, a political subdivision of the State of Florida whose mailing address is
3301 Tamiarnl Trail East. Naples. rlonda 34112 ihereinafter referred fO as "Purchaser"}
WHEREAS, Purchaser requires over, under, upon and across the lands described in E)(hlbit
. A" WhlCtl is attached !"\ereto and made a pan of thIs Agreement (hereinafter referred to as the
~Easemenn and
WHEREAS Owner desires to convey the Easemeni to Purchaser fOf the slated purposes
on the terms and conditions set forth herel": and
WHEREAS, Purchaser has agreed to compensate Owne-r for conveyance of the Easement
NOW THEREFORE., In consideration of these premises, the sum of Ten Dollars (510,00\,
and other good and valuable consideration, the receipt and slJffiClency of Which is hereby mutually
acknowledged it is agreed by and between the parties as follows
All of the above RECITALS are true ana correct and are hereby expressly Incorporated
herein by reference as if set forth tully below and all Exhibits referenced herein are made a
pari of this Agreemenl
2 Owner shall convey to Purc~laser the Ea~ement Parcel$ 144RDUE and 145RDUE for :f1('
combined sum of'
$92,350.
subject 10 the apportionment and distribut.on of proceeds pursuant to Paragraph 9 of thiS
Agreement (Said transaction hefeinafter referred to as the "Closmg") County shall also pay
Attorney's fees and costs in the amount at $15,150, Said payments shall be made to the
Bella Y Patel P A Trust Account. in a single payment of $107500 which shall be full
compensation for the Easements conveyed, Including aU landscaping, trees, shrubs
improvements, and fixtures located thereon, and shall be in fuJl and final settlement Of any
damages resulting to Owner's remaining lanas, costs to cure, Including but not limited to the
cost to relocate lhe eXisting Irngalion system and other implOvernenls, and the cost to cuI
and cap Irrigation hnes extending into the Easemenl. and to remove aU sprinkler valves and
relafed electrical wiring, and all other damages in connection with conveyance of said
Easement to Purchaser Including all altomeys' fees, expert witness fees and costs as
provided for in Chapter 73, FlOrida Statutes
3 Pnor to CrOSing Owner shall obtain from the holders of any liens exceptions and/or
qualifications encumbering the Easement, the execution of such instruments which will
remove releiise 0' subordinate such encumbrances trom the Easement upon their recording
In the publiC records of Collier County, FlorIda At or prior to Closing, Owner shail provide
Purchaser with a copy of any eXisting prior title Insurance poliCies. Owner shall cause 10 be
delivered to Purchaser tile items specified herein and Ihe following documents and
Instruments duly executed and acknowledged, in recordable form (hereinafter referred to as
. Closing Documents") on or before the dale of Closing
(a) Easemenl
(b) Closing Statement:
(el Grantor's Non.roreign, Taxpayer Identification and >-Gap AffidaVit
(d) W"9 Form: and
//~
Set/ell. INdl/l/~
Page 2
(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 transactlon, as reasonably determined by Purchaser, Purchaser's
counsel and/or title company
4 Both Owner and Purchaser agree that time is of the essence Therefore, Closing shall occur
within ninety (gO) days from the date of execution of this Agreement by the Purchaser
provided, however that Purchaser shall have the undateral fight to extend the term of thIS
Agreement pending receipt of such instrlH'lents, properly executed, ,....I'ICh eIther remove or
release any and all such liens, encumbrances or quahflca~ions affectfng Purchaser's
enjoyment of the Easement At Closing. payment shall be made to Owner In that amoun\
shown on the ClOSing Statement CiS "Net Cash to Seller.~ and Owner shaH deliver the Closing
Documents to Purchaser in a form acceptable to Purchaser
5 Owner agrees to relocate any exis1ing irrigallon system located on the Easement including
irriga~jon lines electrical wIring and sprinkler valves, etc prior to the construction of the
prOject without any further notjficatlon from Purchaser. Owner assumES full responSibility for
Ihe 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 lrriga!ion
system In the even! owner fails to relocat€- the irrigatIon system poor 10 constructIOn 01 the
prOJect.
If Owner elects to retain improvements ao,j/or landscaping (Improvements.) located on ihe
Easement. th~ Owner IS responsible for their retrieval pnor to the consfruction of the proJc:t
without any further notificatior. 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 [he Improvements as long as theIr retrie....al is performed before
construction -and without inteauplion or inconvenience to the Countys contractor All
Improvements not removed from the ProP{~rty prior 10 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 P;JrchaSef agree to do all things which may be required to give effest te- th;s
Agreement immedIately as such requiremf-nt IS made known fo them Of they are requested
to do so whicl1€Ver IS the earlier
7 _ Owner agrees. represents and warrants the following:
(a) Owner has full rlghl. pow.er ard 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 con'lectlon herewith to undertake all actions and to perform all tasks
required uf Owner hereundel emu to cunsulllmate the trallsaclion contempla1ed
hereby
{bj Purchaser"s acceptance of the Easement shall not b€ deemed to be full
performance and discharge of every agreement and obligation on the part o~ O~....ner
to be performed pursuant to the proviSions of this Agreemeni
(c) No party or person other than Purchaser has any nght or option to acquire the
Easement or any portion 1hereof
(d) Until the date fixed for Closing. so long as this P.greement remains in force and
effect. Owner shall not encumber or convey any portion of the property underlymg
the EasemHnt or any lights therein. nOf enler into any agreements granhng 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 con!~acts affecting the Easement
(f) Owner has no knowledge that there are any Suits acllons or arbitration,
adminisrraLive or other proceedings or governmental investigations or requirements.
formal Of 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
10 Purchaser in wnhog prior 10 the effeclive dale of Ih'5 Agree?/ ~
- <iz//1Il J.id/;' 1$
Page 3
(9) Purchaser is entering mto 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 effectlve dale of thIs Agreement up to and including the date of
Closing Therefore, Owner agrees nol to enter into any contracts or agreements
pertaining to or affecting the property llnderlying the Easement and not to do any
act or omit to pertorm any act Whl::.h would adversely affect the phySical condition of
the property underlYing ,he Easement or Its intended use by Purch8ser
(h) The property underlYing the Easement, and all L1ses 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 underlying the Easement except as specifically
disclosed to the Purchaser, tha~ the Otmer has no knowledge of any splil or
environmental law violation on the property contiguous to or in the 'vicinity of the
Easement 10 be sold 10 the Purchaser. that the Owner has nol received notice and
othei1Nlse has no knowledge of a) any spill on the property underlYing the
Easement b) any eXIsting or tnreatened enVIronmental hen 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 Closlng and is not
deemed salisfied by conveyance of title
8. Owner st)<idlmdemnlfy, defend. save and hJld harmless the Purchaser against and from. ana
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 admlOistrative proceedIngs or on
appeal). penalties or flOes incurred by or asserted against the Purchaser by reason or an sing
out of the ureach of any of O"....ner's representations under paragraph 7{hj Tl1is proviSion
shall survive Closing and is not deemed satisfied by conveyance of title
9. Purchaser shall pay all fees to record ary curative instrurnents required to clear tille, all
Easement recording fees, and any and al! costs andlor fees associated with securing and
recording a Release or Subordination of any mortgage. lien or other encumbrance recorded
against the property underlying the Easement; pro....ided. however, that any apportionment
and distribution of the full compensation amount in Paragraph 2 which may be requ'lred by
any mortgagee lienAholder 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 responsibdily of Ihe Owner, and shall be deducted on the Closing Statement from the
compeflsatlon 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 fur:her pay all documentary stamp taxes required on
the instrument{s) of transfer, unless the Easement is acquired under threat::;.f condemnatlorl_
10 1his Agreement and the terms and provisions hereof shall be effective as of the date thiS
Agreemenl is executed by both parties anc shall inure to the t.enefit of and be binding upon
the parties !)ereto and their respectIve heirs. execLl1ors. personal representatives,
successors, successor [rustees andfor assignees, whenever the conlext so requires Of
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 wriUen public disclosure. according to Chapter 286 Flonda Statutes
under oath of the name and address of every person having a beneficial inlerestin tne
property underlying the Easement before the Easement held in such capacity is conveyed to
PLlrchaser {If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Slatutes, whose stock is for sale
to the general publiC. rt is hereby exelnpl from the pr'ol/lsions of Chapter 286 Florirja
Statutes,)
12 Conveyance of the Easement. or any Interest in the property underlYing the Easemen!. by
Owner is contingent upon no other proVisions, conditions, or premises other than those so
stated herelrl and this wntten Agreement Including all exhrbits attached hereto_ shall
constitute the entire Agreement and understanding of the partIes and there are no ether
pnor or contemporaneous written or oral agreements, undertakings. promises, walfanties or
covenants not contained herem No rrodification amendment or cancellation of ttlis
Agreement shall be of any force or effect unless made in writlng and executed and dated by
both Owner and Purchaser ~ ~ ~
~/. '
. $d/e.( 1:V,-f;Jlfr
Page 4
13 Should any part of this Agreement be found to be invalid, then such invalid part shall be
severed from the Agreement. and the remaimng proVisions of this Agreement shalf remam in
full force and effect and not be affected by such invah:My.
14 This Agreement IS governed and construed in accordance with the laws of the State of
Flonda
IN \,.\IITNESS V\1-lEREOF, the parties hereto have el(eculed this Agreement on the date fIrst
above written
AS TO PURCHASER
NTY COMMIS210N RS
TY FLORIDA _
,..l-t. '"
,
Chairman
AS TO OWNER
DATED_~_
k---
Witness (Signature)
YAL'i1fA1i /;.(J __
Narne!/,irll.or. T. ~pe)
---1~~~~J~
~.~s {SIgnature,'
- J!l~~~;nl~r.----
THE EDWARD L. THOMPSON LIVING TRUST
LJAD FEBRUARY 23. 2006, AND THE DOLORES
F THOMPSON FAMll Y TRUST UAD FEBRUARY
::2~/~---
EDWARD L Trk!MPSON ~
as Successor Trustee
.-------;
l '1Sl I'~e\i' sed 211 9':[:,9
JJUOO' (PLAT) 1
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- EXISTING 60' E.45EUIfIT I
I ~;"~;Y' 1041 .'
SOUTH 180' I NORTH 750
IOF TRACT 104 bF TRACT 104 I
I PAACF' ~. /11 ;1
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NON fJSIIIf: ROAD
R.o.lI:. \4GE; ANO
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GRAPHIC SCALE
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GOLDeN GA TE: eSTA TE:S UNIT 30.
PL T BOOK 7. PAGe 58
103.1
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103
I PRoposeD
R.r\( fAseMeNT~
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SANTA BARBARA
eAST UNe OF SfC . ON 29
BOULEVARD
CORONADO
PAKWA Y '\
I 11 I I
PAGeS 124-134
eXISTING 53' eAseMeNT
(FOR ~o.w. PURPOseS
29 20 (peR PLA T)
28 2/ GOLDfN GATE: UNIT 5.
PLAT BOOK 5, PAGeS 124-134
7 BLOCKI'89
GOLDfN GA TE: fSTA TE:S UNIT 5.
PLAT BOOK 5, PAGE: 1/7-/23
",I
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8 9 BLDcJ 225 70
GOLDeN GA TE: CI TY UN! T 5. PLA T BOOK 5.
LEGAL DESCRIPTION
BflNG THe Ilf:ST 54 FeeT OF THe eAST 101 FEU OF THE NORTH 150 FffT OF THE SOUTH 180 Feu OF TRACT
104, GOLDfN GA Te eSTA TE:S UNIT 30. PLA T BOOK 7, PAGe 58, COLLlfR COUNTY, FLORIDA.
CONTAINING 8.100 SQUARe Feu MORe OR LfSS.
SUBJeCT TO eASfMfNTS &- ReSTRICTIONS OF ReCORD.
... ,NO'I'.,..A suRVEY ...
PRfPARrO fJ'f': ItiSWMI
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LEGEND:
f,., "" "" "" "" "" "" '1 ~~~nASEUENT
~ P'OPOSCD
R. O. If. fASO/fNT
R.O,IV, .,. RIGHT OF WAY
!.ANC r. I{P Oft,
FLORIOA IifC!Sf1I~ LS:"5~27
Nor VALID UNLESS SIGNED BY THE SUR~YOR AND
SEALED 'NTH TH[ SUR'tf:rrJR'S DiBOSSCO SEAl.
CfRnACATr OF AUTHORIZATION I L8;..4J
._<<1ilStD0II_1II
AlPIC'V AoI1W (/Ll.D) llV-llIO
AD.1m1/D1I$rMr-"'UC'~1f
M/DI~J~It(NP.ll{ASTltIIC.
lOIlOJW NO.. e~OlJ1 PAJltCtt lD. I '" C1,1(1I'J COUJER COUNTY lRAH.SPMTAnc:w.
1.';~OAn~;'~a,-."~- ,,,,,E1KJIHEERJNO ~~n:-T OIVlSICW
".,~,.r'il'Uj BEING PART OF' THE SOUTH ItJO' OF' TRACT 10.f,
1'lImn. ~. ~. ~. ~NrNtdI . rr-ufm~ GOLDEN GAlC E'~~fR U~~~fy. 7t~,g'f'K 7, PAGE 58.
-.11<
....""J4in............n.p oo.le:~" 1'10.:
_...,Ln.Urg._I\rMI__...............,.~.............._ f)<f/2002 N5022 002-0'G-WHKP
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I <XISTlNG 5.1' EASEMENl7
(FOR f!,o.w. PURPOSES
fAST LINE OF SECTION 29 29 20 ,PER PLA T) -r
SANTA BARBARA BOULEVARD 28 2/ GOLDEN GATE UNIT 6. ",I
CORONADO PAKWAY,\ PLAT BOOK 5. PAGES 124-134 <";1
l [1 ~ \ 1 BLOCK 189
8 9 BLOCi<! 225 10 GOLOEN GA Tf ESTA TfS UNIT 5.
GOLOEN GATE CITY UNIT 6. PLAT BOOK 5. PAGES 12:-1.14 PLAT BOOK 5. PAGE /17-123
~ JJO.OOj!PLA ') l
l.-...- [X!snNG 60' fASElJNT l
: FOIl R.O. PUI?POSES Po/ PlA'
\ 104 i 104.1 i
SOUTH 180'~NORTH 150'
ior TRACT 104 r TRACT 104
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I ~oa. 145 ~I
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I PROPOSEIJ _AI., '" I
I ::;:xa~t;E,RO:J,
UTlUTYE:A T
4100 FEU
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0 " " '" ""
G~^PHIC SCALE
GOWEl GA TE ESTA TES UNIT JO.
PL T BOOK 7. PAGf 58
703.1
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~ 703
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~ ~POSED
iq R. w. E~~EMENTl
"
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LEGAL DESCRIPTION
BEING THE IIf"ST 54 FrfT OF THE EAST 101 FEfT OF THE NORTH 150 FEfT OF TRACT 104. GOLOEN GATE
EST A TfS UNIT 30. PLA T BOOK 7, PAGE 58. COLLIER COUNTY. FLORIOA
CON TAINlNG 8.100 SQUARE FEfT MORE OR LESS.
SUBJECT TO EASEMENTS <Ie RESTRICTIONS OF RECORD.
. .' , - .
... NotA. SURJIEY ...
,. (f" ': ','. .'
PREPAReD 8'(: KfScWM
, . ~ ' ,
LAN . Off, Ai SU8'Vfrrm ct MAPPER
FLORfDA. RE"G!S'T1!'A," , LS:.f5627
Nor VAUO UIVLtSSSlCNaJ BY THE SURVCYOR AND
SEALEDlfIlH TH( SURVE:YOR'S D/80SSED SEAL.
CE'RFlFfCA.Tf or AUTHORIlAl1ON 11.8-.fJ
.....-.s,o//C_,*,_1It
=:'~f;tfI.!~rr
S'rJrDf(QIIP)nMn.-:wrASrl'Cllf;
LEGEND:
f-.."""" '->, '1 Eli,s~N'iASEU[NT
~ PROPOSED
R. O. W. EASEMENT
R,O,IV, - RIGHT OF WAY
l"ItGJlliJ /0(1.;: B20B1 ',UClI. 110.: 1~ cutHr: COUJER COUNTY TRANSPORTA7JON.
1.';'61ft...~;'le'-..'w- ~GlNEERlNG =11:=~:'fNT DI'>fS/OH
,.tl~.'''i..t B~ING PART OF THe NORTH ':;0' OF' nrACT 104,
............~.~.~.~NrH.d..~~ COLDtN CATf€SrATCS UNlrJ~ Pt.ATBOOK 7, PACC58.
~h:. COLLJEft COUNTY. FLORIDA
.......I\III..................~ ""~ ~M).: $H[(T-..;Jti P1I,.(NO~
....l.ft...a..............,.........,.,JHHlI'............. 04/2002 N8022-00t-O,o-roHItP '.$ OF xxx 2GC-2OJ
l4o~ IJ. 2002 - lJ:15:J2 L~llLERlX:\SUR\N6022\Sk.tc.. 01 OescriPlionl\Submltllld\2qg20JsI4S.d"'g