Parcel 354RDUE & 354TDRE
PROJECT: GOLDEN GATE BOULEVARD
PARCEL NOs.: 354RDUE and 354TDRE
FOLIO NO.: 40925840004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinaft~:lerred to as the "Agreement") is
made and entered into on this Z1-f~ day of J ~ ' 2010, by and between
ELLEN LIBBY DUNKELBERGER, a single woman, hose mailing address IS 2880
Golden Gate Blvd. E., Naples, FL 34120, (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address
is 3301 T amiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires a PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-
WAY, DRAINAGE AND UTILITY EASEMENT (Parcel 354RDUE) for the purpose of
improving Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard
and DeSoto Boulevard; and
WHEREAS, County requires a TEMPORARY DRIVEWAY RESTORATION
EASEMENT (Parcel 354TDRE) for the purpose of constructing a new concrete driveway
apron connecting Owner's driveway to the new edge of pavement; and
WHEREAS, Owner is the record title owner of certain lands located in Collier
County, more particularly described in Exhibit "A", attached hereto and incorporated herein
by reference (hereinafter individually referred to as "354RDUE" or "354TDRE" and
collectively referred to as the "Easements"); and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easements to the County for the stated purposes, on the terms and conditions set forth
herein; and
. WHEREAS, County has agreed to compensate Owner for conveyance of the
Easements.
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 Easements to County for the sum of:
$12,152.00
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 or funds wire transfer, shall be full
compensation for the Easements 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 Easements, and to
remove all sprinkler valves and related electrical wiring, and all other damages in
connection with conveyance of said Easements to County, including all attorneys'
fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
Owner shall convey the Easements to County, in a form acceptable to County. Said
conveyance (Owner's delivery to County, of properly executed easement
instruments) is hereinafter referred to as the "Closing."
Page 2
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easements, the execution of such instruments which
will remove, release or subordinate such encumbrances from the Easements upon
their recording in the public records of Collier County, Florida. At or prior to Closing,
Owner shall provide County with a copy of any existing prior title insurance policies.
Owner shall cause to be delivered to County 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) Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility
Easement;
(b) Temporary Driveway Restoration Easement;
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
(f) 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 County, County's
counsel and/or title company.
4. Both Owner and County agree that time is of the essence. Therefore, Closing shall
occur within ninety (90) days from the date of execution of this Agreement by the
County; provided, however, that County 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 County's enjoyment of the Easements. 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 County in a form acceptable to
County.
5. Owner agrees to relocate any existing irrigation system located on the Easements
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from County. 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 Easements, the Owner is responsible for their retrieval prior to the
construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of the
Improvements and yet County 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 Easements 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 County 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.
Page 3
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easements, 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) County's acceptance of the Easements 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 County has any right or option to acquire the
Easements 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 Easements or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Easements, without first obtaining the written consent of County to such
conveyance, encumbrance, or agreement, which consent may be withheld
by County for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easements.
(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 Easements or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easements which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County 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 Easements 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
Easements and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easements or its intended use by County.
(h) The property underlying the Easements, 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 Easements
except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easements to be conveyed to the
County, that the Owner has not received notice and otherwise has no
knowledge of: a) any spill on the property underlying the Easements; b) any
existing or threatened environmental lien against the property underlying the
Easements; or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances on
the property underlying the Easements. This provision shall survive Closing
and is not deemed satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the County against and from,
and reimburse the County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and
Page 4
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 County 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. County shall pay all fees to record any curative instruments required to clear title, and
all Easement instrument recording fees. In addition, County may elect to pay
reasonable processing fees required by mortgagees in connection with the execution
and delivery of a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easements; 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
Owner, and shall be deducted on the Closing Statement from the compensation
payable to the Owner per Paragraph 2.
10. 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. 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. If the Owner holds the property underlying the Easements 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, subject to the penalties
prescribed for perjury, of the name and address of every person having a beneficial
interest in the property underlying the Easements before the Easements held in such
capacity are conveyed to County. (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. Conveyance of the Easements, or any interest in the property underlying the
Easements, 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 County.
14. 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.
15. 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.
Page 5
BOARD OF COUNTY COMMISSIONERS
COLLlER~UN~, FLORIDA
BY: -f'uJL W. ~
FRED W. COYLE, Chalrm
AS TO OWNER:
~~
ELLEN LIBBY DUN LBERGER
tness (Si nature)
6arq f DJd~
Name (Print or Type)
~~
. ignature)
Ej)tAJ~,j) {',. LJ,A:iI(f(C(;~GtI((
Name (Print or Type)
Approved as to form and
~?/~
(t2.
Assistant County Attorney
Last Revised: 6/18/10
w
~
~
208+00
I I
GOLDEN GATE BOULEVARD (CR 876)
210+00 211+00
213+00
;;
8
..
~
..
"
~
o
..-
"'-
o
o
~
o
"
2
"
8
"
"
o
~
~
'"
8-
.
~
PROPOSED ROADWAY EASEMENT
PARCEL 354 ROUE
7,200 SQ. FT
~
f
!
~
"
~
~
TRACT 56
TR CT 57
GOLDEN GATE ESTATES
UNIT 81
PLAT BOOK 5 PAGE 19
TRACT 72
~
;;
i-
o
~
~
I
~
.;;
~
'"
o
o
..
I
EAST 180' OF
TRACT 57
a;
~
o
-
.
~
CARBONELL
OR 1735/642
PFG MORTGAGE TRUST I
OR 4395/263
OR OFFICIAL RECORDS (BOOK/PAGE)
SQ. FT. SQUARE FEET
N
W+E
...
':.
1
s
py<)j
r//~
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 19
LEGAL DESCRIPTION FOR PARCEL 354 ROUE
A PORTION OF TRACT 57, GOLDEN GATE ESTATES, UNIT 81 AS RECORDED IN PLAT BOOK 5, PAGE 19 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 40 FEET OF THE NORTH 90 FEET OF THE EAST 180 FEET OF S~D TRACT 57.
CONTAINING 7,200 SQUARE FEET, MORE OR LESS
TEeM - ROW
FEB 0 1 2010
o 40 80
SKETCH & DESCRIPTION ONLY I
NOT A BOUNDARY SURVEY SCALE: 1"=80'
FOR; COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
GOLDEN GATE BOULEVARD
SKETCH & DESCRIPTION OF; PROPOSED ROADWAY EASEMENT
PARCEL 354 RDUE
COWER COUNTY, FLORIDA
160
I
~~---.-
flORIDA REGI!.'TRA~O ~JE NO. 5301
SIGNING DATE: U P
NOT VAUD WITHOUT THE ORIGINAL S J\J!l {RAISED EIlBOSSEO SEAL OF
A FLORIDA REGlsrEREO PROFESSlO SURVEYOR AND WoPPER.
SCALE
1" = 80'
D'lTA nc~
CONSULTING QftI~
.&. '"' ,..I.. .... ~ 01: MlijJpiDa
6610 WiDow Park DrIve. Suite 200
Naples. Aorid. 34109
Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME SHEET
SK 354 1 OF 1
W
3
~
l>
~
:;
"'-
o
o
~
o
g;
'"
"
S
~
g>
~
~
'"
o
o
0.
.
~
I
l>
~
o.
~
i
~
8
SOUTH LINE OF
NORTH 90 FEET
OF TRACT 57
I
GATE BOULEVARD (CR 876)
211+00
213+00
'"
.'"
"
o
o
..
208+00
I
209 + 0
I
"
:;:
liNE
L1
L2
L3
L4
L5
L6
LINE TABLE
BEARING
SOO'2S'20"E
S89'31 '08"W
SOO'2S'52"E
S89'31'OS"W
NOO'2S'52"W
NS9'31 'OS"E
LENGTH
90.00'
19.77'
8,00'
66.12'
S.OO'
66.12'
PRop010 TE"PORARY DRIVEWAY
RESTORATION EASEMENT
PARCEL 354 TORE
529 SQ. FT.
XHIBIT -1t-
age~of Z.
EAST LINE OF
TRACT 57______
~
~
TRACT 56
TR CT 57
GOLDEN GATE ESTATES
UNIT 81
PLAT BOOK 5 PAGE 19
TRACT 72
w
,
"
i-
o
~
~
I
~
~
..-
'"
c
o
..
I
I
co
~
c
-
'"
"
'"
':.
S
"
'"
..
.
'"
EAST lS0' OF
TRACT 57
CARBONELL
OR 1735/642
PFG MORTGAGE TRUST I
OR 4395/263
fTTllTTTl
iJJl.l!JJJ
OFFICIAL RECORDS (BOOK/PAGE)
SQUARE FEET
PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT (TDRE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 19
LEGAL DESCRIPTION FOR PARCEL 354 TORE
N
W+E
OR
SQ. FT.
kX)<)1
r/ /~
s
A PORTION OF TRACT 57, GOLDEN GATE ESTATES, UNIT 81 AS RECORDED IN PLAT BOOK 5, PAGE 19 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING iN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 57;
THENCE S.OO'28'20"E., ALONG THE EAST LINE OF SAID TRACT 57, FOR 90.00 FEET TO A POINT ON THE SOUTH LINE
OF TH~ NORTH 90 FEET OF SAID TRACT 57;
THENCE S.S9'31 'OS"W., ALONG SAID SOUTH LINE, FOR 19.77 FEET TO THE POINT OF' BEGINNING OF THE HEREIN
DESCRIBED PARCEL;
THENCE SOO'28'52"E, FOR S.OO FEET;
THENCE SS9'31 'os"w, FOR 66.12 FEET;
THENCE NOO'2S'52"W, FOR S.OO FEET TO A POINT ON SAID SOUTH LINE;
THENCE N89'31'OS"E., ALONG SAID SOUTH LINE, FOR 66.12 FEET TO THE POINT OF' BEGINNING
DESCRIBED PARCEL. TEeM - ROW
FEB 0 t 2010
OF THE HEREIN
CONTAINING 529 SQUARE FEET, MORE OR LESS.
o 40 80 180
SKETCH I!c DESCRIPTION ONLY I I
NOT A BOUNDARY SURVEY SCALE: 1"-80'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
GOLDEN GATE BOULEVARD
SKETCH I!c DESCRIPTION OF:
PARCEL 354 TDRE
COLLIER COUNTY, FLORIDA
R11IA~~~
.&. '" ,.I. ... ~ &: MoJlFiaI
66' 0 Willow P81k Drive, Suite 200
Naples, Aorida 34109
Phone: (239) 597-<)575 FAX: (239) 597-()578
LB No.: 6952
FILE NAME
$K 354TDRE
SHEET
1 OF 1
PROPOSED TEMPORARY DRIVEWAY
RESTORATION EASEMENT
SCALE
1" = 80'