Rd2 PartnershipINTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
RE:
Sue Filson, Administrative Assistant
Board of County Commissioners ,. ~,
Cindy Erb, Real Property Specialist I
Real Property Management Department
January 6, 2000
North Naples Fire Station Traffic Signal Pole
Attached you will find one (1) Easement Agreement for execution by
Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be
advised that the document has been reviewed and approved by the County
Attorney's Office.
The Board of County Commissioner of Collier County, Florida an easement from
Rd2 Partnership, Agenda Item 16 B (6), dated December 14, 1999, and the
Board has authorized its present Chairwoman and any subsequent Chairman,
for the life of the Project, to execute any instruments which have been approved
by the Office of the County Attorney.
Once the Agreement has been executed, please forward same to Ellie Hoffman,
Records Technician III, Minutes and Records Management, for attestation by the
Clerk to the Board.
If you have any questions regarding this matter, please contact me at 774-8991.
Thank You.
Attachment:
PROJECT: North Naples Fire Station Traffic Signal Pole
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between RD2 PARTNERSHIP, a Florida general
partnership, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns (hereinafter referred to as
"Purchaser");
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for
installation and maintenance of a traffic signal pole over, under, upon and across the
lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"),
which is attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Sprint-Florida, Incorporated has paid all costs associated with an
acquisition of an easement so to avoid conflict with existing Sprint underground facilities
and to expedite the acquisition procedure;
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property, for which Sprint-Florida, Incorporated has reimbursed the Purchaser;
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:
Owner shall convey the Property to Purchaser for the sum of $500.00, payable by
County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said Property to Purchaser.
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida. Owner shall
provide such instruments, properly executed, to Purchaser on or before the date
of Closing.
This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; 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, release or subordinate any and all such liens,
encumbrances or qualifications affecting Purchaser's enjoyment of the Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instrument to Purchaser in a form acceptable to
Purchaser.
Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the 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.
Easement Agreement Page 2
o
0
10.
Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
Owner represents that the Property and all uses of the 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 except as specifically disclosed to the Purchaser; that the Owner
has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property 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, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to 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 Owner's representation under Section 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida, and Purchaser has been reimbursed
by Sprint - Florida, Incorporated. The parties acknowledge that Sprint - Florida
Incorporated has agreed to pay all other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes, and costs
to secure and record any curative instrument. The cost of a title commitment shall
be paid by Purchaser and Purchaser has been reimbursed by Sprint - Florida,
Incorporated.
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.
If the Owner holds the Property 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 before the Property held in such capacity is conveyed to
Purchaser, its successors and assigns. (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.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~:~, day of
Date Property acquisition approved by BCC: December 14, 1999
AS TO PURCHASER:
...-.?-. %ATTEST:'..
~' ,~ - ". DWIGHT E. BROCK, Clerk
Attest as to Chat~le'l
s l~aatore onli.
AS TO OWNER:
DATED:
Witness (Signature)
Name:
(Print or Type)_
Witness/jS. ignature)
Name: (~, /~2~,
(Print/or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pamela S. Mac'Kie, Chaii'woman
RD2 PARTNERSHIP,
a Florida genera~h~----~
General Partner
Name and address: Y~/ ,T.,'~,~/ ~.,~
Approved as to form and
legal sufficiency:
~eidi ~'.-/~sh;[on
Assistant County Attorney
EXHIBIT
Page / _of /
NOT TO SCALE
SKETCH TO ACCOMPANY DESCRIPTION
OF A
PARCEL OF LAND
LYING IN
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER, AND LYING IN SECTION 26. TOWNSHIP 48 SOUTH, RANGE 2,.5 EAST AND
FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF' SAID SECTION 26, TOWNSHIP 48
SOUTH, RANGE 2,5 EAST; THENCE N. ag'55°.~2"E. ALONG THE NORTH LINE OF SAID
SECTION AND ALONG THE NORTH RIGHT-OF-WAY LINE OF' IMMOKALEE ROAD (GR. ~/
846 - lO0 FEET WIDE) FOR 1252.03 FEET TO A POINT 7,t. 00 FEET WEST OF THE
NORTHEAST CORNER OF THE EAST HALF (E,~,) OF THE EAST HALF (E~) OF THE
NORTHWEST OUARTER ~NW]~) OF THE NORTHWEST QUARTER ~NW}~,) OF SAID SECTION
26; THENCE S. 00'32'38'E. ALONG A LINE PARALLEL WITH AND 75.00 FEET WEST (AS
MEASURED AT RIGHT ANGLES,) OF THE EAST LINE OF SAID FRACTION FOR I$5.00
FEET TO THE SOUTHEAST CORNER OF A RIGHT-OF-WAY. UTILITY, DRAIHAGE AND
MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 1722 AT PAGE 654
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO THE POINT OF
BEGINNING; THENCE CONTINUE S. O0'32'3a'E. ALONG SAID PARALLEL LINE FOR 5.01
FEET; THENCE N.86'45'O7"W. FOR 5.01 FEET; THENCE N. OO'32'$8'W. FOR 5.01 FEET;
THENCE S. 86'45'O7'E. FOR 5.0! FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 25 SQUARE FEET, MORE OR LESS.
BEARINGS ARE ASSUMED AND BASED ON THE NORTH LINE OF THE NORTHWEST
OUARIER (NWJ~) OF SECTION 26 AS BEARING N. 89'55'$2'E.
SUBJECT 1'0 EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF
RECORD.
POINT OF
COMMENCEMENT
NORTHWEST CORNER
NW I\ 4 SECTION 26
NORTH LINE OF SECTION 26
I
.I
I
N. 89'55'32'E. 1252.03'
IMMOKALEE ROAD
(CR//- 0o' R/W)
SOUTH RIGHT-OF-WAY LINE O. R. 1722o PG. 634.
NORTHEAST CORNER
E i\2. E
NW 114, NW !\4
SECTION 26
NORTH RIGHT-OF-WAY LINE ._.i~
L _ _,lrZJ.oo'
I
~sour~.~.~;
5.01'
5.01 '
N. a6'4 5 'O T"~f,.
I
I
POINT OF
BEGINNING
LEGEND
O.R. OFFICIAL RECORDS BOOK
PG. PAGES
R/W RIGH T- OF- WA Y
SHEET 2 OF 2
***THIS IS NOT A SURVEY***
FLORIDA CERTIFICATION NO. 4672
--THIS SK['I'CH I~ NOT VN.ID UNLESS IT BEARS THE
SIGNATURE ArID ORIGINAL RNSEO SEAL OF A FLORIDA
PROFESSIONN_ SURVEYOR AND MAPPER
-- PREPARED 11-16-99.
PREPARED BY:
ENGINEERING, SURVEYING & LAND PLANNING
2150-?OI UOODLE')'TE ROAD
NApt.ES. FLORIDA a4102
(94t) 4o~-oaoo
FLORIDA SURVEYING BUSINESS CE~IFICATION NO. 6690
DATE:
TO:
FROM:
RE:
Memorandum
January 20, 2000
Ellie Hoffman
Records Technician III
Minutes & Records Management
ci.d
Real Property Spe~Ct/alist II
Real Property Management Department
North Naples Fire Station Traffic Signal Pole
Please find attached one (1) original recorded Easement for the above referenced
project.
The Board of County Commissioners of Collier County, Florida accepted an easement
from Rd2 Partnership, Agenda Item 16 B (6), dated December 14, 1999.
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
cc: Tax Appraiser's Office w/attachment
Inventory File w/attachment
PROJECT:
FOLIO:
2580983 OR: 2630 PG: 3067
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, fL
01/13/2000 at 10:52AM DWIGHT E. BROCK, CLERK
CO~$ 500.00
North Naples Fire StationTrafficSignal Pole R~C F~ I5.00
00167360007 DOC-.70 3.50
¢0~I~ 3.00
Retn:
REAL PROPERTY
BX? 899I
INTER OFFICE
EASEMENT
_?EASEMENT, made and entered into this ~- day of ~'-f~,3 J ~ ~! ,
' __ by between RD2 PARTNERSHIP, a Florida general partnership, whose
mailing address is 4851 Tamiami Trail North, Suite #400, Naples, Florida 34103, as
Grantor to COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and
assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WlTNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive, license, and privilege for installation and maintenance of a
traffic signal pole purposes, on the following described lands located in Collier County,
Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT A HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of constructing,
operating and maintaining a traffic signal pole thereon. Grantor and Grantee are used
for singular or plural, as the context requires. The easement granted herein shall
constitute easements running with the land and shall burden the lands described
above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
Witness (Signature)
Name: :~ ~,~'~ [,~1.
(Print or Type)
V~i[n ess~-'~ ig n aiu re')
Name: ~/,)"/~,, ~ ~
(Print ~r Type)
RD2 PARTNERSHIP,
a Florida general partnership
By:/~.~~~-- .//
General Partner
Name and address: ~' ~s'-, ~"'~ ' ~ , .'~/~/ L ,.C:
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY CONN ·
COLLIEIt C'""""'" - ISSZONER~
pURSU.v. ~'~'_-! r, FLORIDA.
OR: 2630 PG: 3068
STATE OF ~-"~¢( (~
COUNTY OF ("¢ ~..~ ~; (L
The foregoing Easement was acknowledged before me this %q'~ day of
'TA~ q-~¥ , .;~r~,,, by ~ '~/~3~{,'~ , general partner, on behalf of RD2
PARTNERSHIP, a Florida general partnership. ~o me or
~zh-'-5-h-a~ ~-~-..0 ~-,~, ~?- [type of identification] as identification.
WITNESS my hand and official seal this ~ day of '~ ~(~ ,;I.¢J'' ~-z~k~:).
(affix notarial seal) ~ ._~"'~/~ 1~'¢-~
(Signature of Notary Public)
Erneet W, Kerskie
F. xpim8 June 21, 20o2
BONDED THRU
ATI..AI~rrlc BONDING CO., INC
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
NOT TO SCALE
EXHIBIT '>4 ".
/
SKETCH TO ACCOMPANY DESCRIPTION
OF A
PARCEL OF LAND
LYING IN
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER, AND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST AND
FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26, TOWNSHIP 48
SOUTH, RANGE 25 EAST; THENCE N. 89'55'J2'E. ALONG THE NORTH LINE OF SAID
SECTION AND ALONG THE NORTtt RIGHT-OF-WAY LINE OF IMMOKALEE ROAD (GR. ~
846 - I00 FEET WIDE) FOR 1252.03 FEET TO A POINT 73.00 FEET WEST OF THE
NORTHEAST CORNER OF THE EAST HALF (E~) OF THE EAST HALF (E,~) OF THE
NORTHWEST OUARTER (NW]~) OF THE NORTHWEST OUARTER (NW~) OF SAID SECTION
26; THENCE S. O0'J2'JB"E. ALONG A LINE PARALLEL WITH AND 73.00 FEET WEST (AS
MEASURED AT RIGHT ANGLES) OF THE EAST LINE OF SAID FRACTION FOR 135.00
FEET TO THE SOUTHEAST CORNER OF A RIGHT-OF-WAY, UTILITY, DRAINAGE AND
MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORDS 800K 1722 AT PAGE 6J4
OF THE PUBLIC RECORDS OF COLLIER COUNI~, FLORIOA, AND TO THE POINT OF
BEGINNING,. THENCE CONTINUE S. OO'$2'JB"E. ALONG SAID PARALLEL LINE FOR 5.01
FEET: THENCE N. 86'45'O7"W. FOR 5.01 FEET.. THENCE N. O0'~2'38"l~ FOR 5.01 FEET;
THENCE S. 86'45'07"E. FOR 5.01 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 25 SQUARE FEET. MORE OR LESS.
BEARINGS ARE ASSUMED AND BASED ON THE NORTH LINE OF THE NORTHWEST
QUARTER (NW~) OF SECTION 26 AS BEARING N. Cg'55'32"E.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF
RECORD.
POINT OF
COMMENCEMENT
NORTHWEST CORNER
NW 1\4 SECTION 26
NORTH LINE OF SECTION 26
m
~89'55~2~. 1252.03'
IMMOKALEE ROAD
- 00" f /W)
SOUTH RIGHT-OF-WAY LINE
O. R. 1722, PG. 634
NORTH RIGHT-OF-WAY LINE
SOUTHEAST CORNER.
S_.86'45 '07"E.. '~
5.01 '
r~
5.01 '
N. 86'45 'O 7'~Y. --
NORTHEAST CORNER
E I\2, E 1\2.
NW ~\4, Nw ~\4
SECTION 26
I
7J. O0'
POINT OF
~EG/NN/NG
LEGEND
O.R.
PG.
R/w
OFFICIAL RECORDS BOOK
PAGES
RIGHT- OF- WA Y
SHEET 2 OF 2
***THIS IS NOT A SURVEY***
THOMAS C. SHAW /
PROFESSIONAL SURVEYOR & MAPPER
FLORIDA CERTIFICATION NO. 4672
--THIS SKETCH IS NOT VALIO UNLESS IT BEARS THE
SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIOA
PROFESSIONAu SURVEYOR AND MAPPER
--PREPARED 11-16-99.
PREPARED BY:
nnks ngineerin§, nr.
ENGINEERING, SURVEYING & LAND PI.~.NNING
aiSO-?Ol GOODLETTE ROAD
NAPLES. FLORIDA 34[0~
(941) 403-8866
FLORIDA SURVEYING BUSINESS CERTIFICATION NO. 0690