Parcel 122RDUE
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PROJECT 68056
PARCEL No: 122RDUE
FOLIO No: 37990000002
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this _ day of _.______, 2009, by and between PATRICK J.
WILLIAMS and DANA P. WILLIAMS, husband and wife, ",hose mailing address is 3720 White
Boulevard, Naples, FL 34117-4126, (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. Flolida 34112 (hereinafter referred to as "Purchaser"),
WHEREAS, Purchaser requires a perpetual, non-exclUSive right-af-way, drainage and utility
easement to enter upon and to install and mcl;.;tain roadway, bike path and sidewalk
imoro,9f'11ents, dranage structures il'lclurling but not 'nite'j to ditr.he3 swales, earthen beHrns, rip-
ra;: and retaining wall systems, underground aipes, var:ou~ ;ypes of water control structures, the
nght 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 Easetnent to Purchaser for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS. Purchaser has agreed to compensate Owner fer conveyance of the Easement.
NOW THEREFORE, In consideration of these premises, trle sum of Ten Dollars ($10,00),
and other good and valuable consideration, the receipt and sufficiency of .{hich 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:
$43,750.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this
Agreement (said transaction hereinafter referred to as the "Closing"), Owner shall also be
entitled to statutory attorney fees in the amount of $2,854.50, and for prcfessional real estate
appraisal services in the amount of $6,620.00, Said payments shall be made to the RoetzeJ
and Andres PA Trust Account, in a single payment of $53,224_50 Which shall be fuIi
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 extending 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, At or prior to Closing. Owner shall provide
Purchaser with a copy of any existing prior title insurance policies. Owner shall cause to be
delivered to Purchaser the items specified herein and the following documents and
instruments duly executed and acknowledged, in recordable form (hereinafter referred to as
"Closing Documents") on or before the date of Closing:
(a) Easement;
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Page 2
(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 andlor title company.
4, Both Owner and Purchaser agree that time IS of the essence. Therefore, Closing shall occur
within one hundred and twenty (120) days from the date of execution of this Agreement by
the Purchaser; provided, however, that Purchaser shatlnave the unilateral right to extend the
term of this Agreement pending receipt of such instrurrents, 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.
S Ownec agre,;s to ,-eIQ~a~t: al1y~xi"l~l1g Irrlgatiun .;ystem located un the Easement InCluding
irngation 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 andlor 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 fuU 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.
(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.
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(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 mto 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 envIronmental
laws: that no hazardous substances have been generated, stored, treated or
tran:;;ferred on the property underly,ng the F:3sement exceot as sp:::!;ifioi!y
k.'::.~se.j:: tf-,f.: P"rChciser, HEir [h::: Cvmer nas I~O ~.nowledge ot 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 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 20101, 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 '-"asement i& ;~cquired under threat
c1f 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 shalf 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 exernpt from the provisions of Chapter 286, Florida
Statutes.)
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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 PurchaseL
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 PURCHASFR
DATED: q/lq~
i~ ;" .~!;
BOARD OF~ COMMISSI:;lOER
COLLIER C , FLORIDA f"; .- A
~(BY: ..~ ~
DONNA FI LA Chairman
~
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p, WIl L1AMS
G/;(_
nes Signature)
J (\Trf'" C~ !:.
Name (Pnn or Type)
~
ElllO~th M. Cito
Name (Print or Type)
Approved as to form and
legal sufficiency:
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SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE. 1'~60'
FOR: COLLIER COUNTY GOVERNMENT GOARD OF COUl\rr COMMiSSIONE.RS
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49+00 i
W,WE BOULEVARD
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PROPOSED ROADWAY
EASEME~rr PARCEL 122ROUE
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4, SGO ::C. "'0'
TRACT 106
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UNIT 27
PUll BOOK 7, PAGE 17
(A.<)T 75' OF
WEST 150' OF
TRACT lOll
WILLIAMS
OR 1277/409.
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OR -, OFFiCi".L r<ECORDS (SOCK/PAGE)
PROPOSED ROADWAY. ::JRAIN,\GE, AND UTILITY EASEMLNT (RDUE)
EXISTING RIGHT OF WAY I)EDICMED TO THE PEP.orTlAl JSE
OF THE ,'uBLlC PER PLN BOOK 7, PACE 17
PERPF.T1.;Al. NON-exCLUSIVE
ROAD RIGHT ..oF-WAY, DRAINAGE
ANO UrrUTY EASE~Ni
lEGAl DESCRIPnON FeR PARCEL 122RDUE
A PORTON OF --RACT 105, COLDEN GATE ESrArES, UNll 27 AS i<ECORDED IN PLAT BOCK I P^.GE,.I '7 OF' fH[
PUBt.:C flECORCS OF COUJER COUtHl'. i'LOr!IDA, LYING II, SECTION 14, TOWNSHiP 49 SOUTH, ~I\NG, 26 EAS~,
COLLiER COUNTY, F! Df<lDA [jEiNG MORE PARTICUlARLY DES~R!8E.) AS FOLLOWS,
THE SO:JTH 60 For OF r"'iE NORTH 90 FEf OF;';E EAST 75 FEET OF THE WEST 150 ''[ET ('Fe',IL TRACT On
CONTA;\;:NG 4,50G SOUARE FEEi, MORE OH LESS
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A I"\J)~iOA Rrr;ISH..lifO F'IWft'5SlOlf.ll. 'HMlIIEYOA AND w,pP(R
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COLLIER DOULEVAHD
SKETCH & DJ::SCRJPTION OF: PROPOSED RIGHT OF WAY
PARCEL 122RDUE
COLLIER COUNTY, !'LORIDA
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