Parcel 119RDUE
PROJECT 68056
PARCEL No 119RDUE
FOLIO No 37992280008
EASEMENT AGREEMENT
THIS EASEMENT AGREE.k1,ENT (herelnD7~e.ferred. t.o. as the "Agreement") IS
made and entered Into on this .-dfi day of _tI1.d:2Lr.., 2009, by and between
CARLOS DEJESUS and JO-EL DEJESUS, a/k/a JO-EL REDIC, husband and wife,
whose mailing address is 3790 White Boulevard, Naples, FL 34117, (hereinafter
collectively referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the
Stale of Florida, whose mailing address IS 3301 Tamlaml 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 Inslall 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 descnbed 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, tile 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
herem are made a part of this Agreement
2 Owner shall convey the Easement to Pu rchaser for the sum 01.
$67,200,00
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 Attorney's fees and costs In the amount of $1 ,000.00 payable
to Conroy, Conroy & Durant, PA for legal representation 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 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 a Consent of lien Holder from Wells Fargo Bank,
NA 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 Ihe follOWing documents and Instruments duly executed
and acknowledged, In recordable form (hereinafter referred to as "Closing
Documents") on or before the date of Closing
Page 2
(a) Easement;
(b) Closing Statemenl,
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-g 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. Therefore, Closing
shall occur within IlInety (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 a properly executed Consent of
lien Holder from Wells Fargo Bank, N A, 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 nohflcation 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 10 retain improvements and/or landscaping Clmprovements") 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
retneval is performed before construction and without mterruptlon 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 Closin9 and is not deemed satisfied by conveyance of
title
6. Owner and Purcllaser 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 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 Owner hereunder and to consummate the
transaction contemplated hereby,
(b) Purchasers 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 pertormed pursuant to the provisions of thiS Agreement.
(C.l No party or person other than Purchaser has any right or option to acquire
the Easement or any portion thereof
Page 3
(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 periorm
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 lhe 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 acl 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 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 environrnentallien against the property underlying the Easement:
or c) any lawsUit, proceedmg 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) The foregOing indemnity and hold harmless
proVisions shall not be enforceable against Wells Fargo Bank, N A Additionally,
these proviSions shall not be enforceable against any successors taking title to the
property after foreclosure
9 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 processing fees required by mortgagees In connection with the execution
and delivery of a Consent of Lien Holder from Wells Fargo Bank, NA; prOVided,
however, that any apportionment and distribution of the full compensation amount In
Paragraph 2 which may be required by any mortgagee, hen-holder or other
encumbrance-holder for the protection of its security interest, or as consideration due
Page 4
to any dimlllutlon III the value of its property right shall be the responsibility of the
Owner, and shall be deducted on the Closing Statement from the compensation
payable to Ihe Owner per Paragraph 2. In accordance with the provisions of Section
201 01 Flonda Statutes, related to the exemptions agalllst payment of documenlary
stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes
requIred on the mstrument(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, Flonda Stalutes)
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 wntmg and executed and dated by both Owner and Purchaser
13, Should any part of thiS Agreement be found to be IfIvalld, then such invalid part shall
be severed from the Agreement, and the remaining prOVISions of this Agreement
shall remalflln 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 Agreemenl on the
date first above written
AS TO PURCHASER
DATEDla-15 ~]5Drr1
AT.TEST.
DWtGHT'E'BRQCK, Clerk
I k Oc.
BOARD O~-~ C NT,Y COMMISSI,O,NERS
COLLIER C Y FLORIDA /
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BY: .________
DONNA FIALA, Chalfman
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AS TO OWNER:
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Page 5
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CARLOS DEJES
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JOIL DEJESUS, alk! JO.EL REDIC
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TRACT 25
GOLDEN GATE ESTATES
UNIT 27
PLAT BOOK PAGE 17
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WEST 180' Of TRACT 125
MURGA
OR 4174/2003
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EXHIBIT _
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P~C)POSEO R,lAf)WA'T', DRAINAGE, AND UTIlJTY E.ASEMENl (ROUE)
EXIS"'I~1G RIGHT OF WAY JEDiCAIED TO THE P[RPETU,\l USE
or T11[ PU8L1C PC!, Pl.}; T 800K 7, PAG€ 17
F(FPE j'UAL, NO,'<i+XCi.US;'i[
iWAD RIGhT.{)F-WJI.Y, OFWtiA.Gr
ANC lHtUTy (A$FMEN "
Of, ",. o::-rICIAL RECOi\OS {BOOK/PA.CE)
LEGAL DESCRIPTION FOR PARCEL 119RDUE
A PORT:O~; OF TRACT 125, GOLDEI'; GATE ESTATES, UNIT 27 AS R[CORDEO IN PLAT BOOK 7, PAGE 17 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FL.ORDA, LYING IN SECTION 14, TOWNSHIP 49 SOJTH, RANGE 26 EAST,
COluER COUNTY, F;..ORIDA BEING MORE PARTICUL\HLY Dt:SCRIBED AS ::-OLLOWS
T"E SOUTH 60 FU:T O( THE NOJ~TH 90 FEET 01' TiE WEST 150 FEET OF SAiD !RAe 1
CONTAiNING 10,800 SQUA~E fEET, MORE OR LESS
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JOB NUMBER
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SKE1'CH & DESCml'TION 01' PIWPt:SED RIGHT OF WAY
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