Parcel 165DEPROJECT: 51101 — LASIP Naples Manor / US -41 Ditch
PARCEL NO: 165DE
FOLIO NO: 62090160008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinajler referred to as the "Agreement ") is
made and entered into on this &4t.day of /' , 20 /2—, by and between
LEROY H. HUENEFELD III AS TRUSTEE OF THE LEROY H. HUENEFELD III
REVOCABLE TRUST AGREEMENT DATED JULY 19, 2006, AND LORETTA M.
HUENEFELD AS TRUSTEE OF THE LORETTA M. HUENEFELD REVOCABLE TRUST
AGREEMENT DATED JULY 19, 2006, whose mailing address is 521 Neapolitan Lane,
Naples, Florida 34103 -8532, (hereinafter referred to as "Owner "), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida
34112 (hereinafter referred to as "County ").
WHEREAS, County requires a perpetual, non - exclusive drainage easement over,
under, upon and across the lands 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 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
Easement.
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:
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 County for the sum of:
$8,750.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing "). Said
payment to Owner, payable by County Warrant or funds wire transfer, 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 County, 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 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:
Page 2
(a) Drainage Easement;
(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 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 of the date of execution of this Agreement or within
thirty (30) days of County's receipt of all such properly executed instruments required
to remove or release any and all liens, encumbrances or qualifications affecting
County's enjoyment of the Easement, whichever is the later. This agreement shall
remain in full force and effect until Closing shall occur, until and unless it is
terminated for other cause. At Closing, payment shall be made to Owner in that
amount shown on the Closing Statement as "Net Cash to the 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 Easement
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 Easement, 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 Easement 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.
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) County'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 County 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 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 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 perform
hereunder; nor is there any other charge or expense upon or related to the
Easement 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 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 into 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 County.
(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 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 Easement to be sold to the County, 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 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
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 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 due
to any diminution in the value of its property right, shall be the responsibility of the
Page 4
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 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, subject to the penalties prescribed for
perjury, 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 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 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 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.
AS TO COUNTY:
DATED:F
ATTF
r
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairm
AS TO OWNER:
DATED:
Wit ss (Sig ature') f
Kia Ram + -16-Tw FA
Name (Print or Type)
Y- / OL/-� .
Witness (Signature)
Name (Print or Type)
Witn ss (Sign ture)
K,I,
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revised: 05/04/11
Page 5
Uf NEFELD III, Ind"(vidually,
Rns of the LeRoy H. Huenefeld
Tr
Agreement dated
Revocable T
July 19, 2006
1
7
P\
RE TA M. HUENEFELD, ndividually,
and as Trustee of the Loretta M. Huenefeld
Revocable Trust Agreement dated
July 19, 2006
a
N / y\
i EX BIT
w E / �� P ge 1 0f
5�z \
3 / OF LOOTR5Y LINE
101\46
0 25 50 / \ \
GRAPHIC SCALE
L= 16.09' �
R= 25.00'
A= 36'52'12"
CB= N32'28'41 "E S39'05'1 YE 5.00'
C= 15'81' P.O.B. BLOCK "0 N E
165DE (NORTH) NAPLES MANOR ADDITION
L =17.69' P.B. 3 PG. 67 `
R= 25.00' \S50'54 47"W 15.00' LOTS 5 &6
A= 40'32'09"
i
C6= N18'48'52 "W PARCEL NO. �'
C= 17.32' \p 62090160008
165DE %p \s� /
(SOUTH) ti� \o
SOUTHERLY LINE
'0 -p ^ t��O >. \ OF LOT 6
V�
O 9� WESTERLY \ LOTS 7 & 8
9• LOT LINE PARCEL NO.
600 \ 62090200007
LEGEND S50'54'47 "W 6.00' "
R/W - RIGHT -OF -WAY \N50 54 47 E 25.00
PG. - PACE RECORDS BOOK �O,`o 9 1650E (SOUTH) \ ti`'���0.6o
P.B. - PLAT BOOK
N0. K.A. - NUMBER KNOWN AS J�,O •,9 P.O.C.
\ G�'j Q
S.R. . STATE ROAD �i�3. �j 165DE (NORTH)
P.O.B. - POINT OF BEGINNING `�S 'ls A.K.A. SW CORNER \
P.O.C. =POINT OF COMMENCEMENT \
® A \
=DRAINAGE EASEMENT (DE) J OF LOT 6
LEGAL DESCRIPTION Paw ups" kv*e=txm
PARCEL 165DE EASOMT
A PARCEL OF LAND LYING IN SEC11ON 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA.
165DE NORTH):
COMMENCING AT THE SOUTHWEST CORNER OF LOT 6, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR ADDITION, RECORDED IN PLAT BOOK 3, PAGE
67, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 8, N50'54'47'E FOR 25.00 FEET TO A POINT
ON THE EASTERLY LINE OF A 25' FP &L EASEMENT AS SHOWN ON SAID NAPLES MANOR AODITION PLAT. THENCE ALONG SAID FP &L EASEMENT LINE N3W04.56'W
FOR 220.02 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. THENCE S5W54'47'W FOR 15.00 FEET TO A POINT LYING ON THE ARC
OF A NON- TANGENTIAL CIRCULAR CURVE TO THE RIGHT, ALSO BEING A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF MARTIN STREET, THENCE 16.09 FEET
ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 38'52'12" AND
BEING SUBTENDED BY A CHORD BEARING OF N32'28'41 "E FOR A CHORD DISTANCE OF 15.81 FEET, THENCE LEAVING SAID MARTIN STREET S3WD5'13'E FOR
5.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 51.1 SQUARE FEET MORE OR LESS.
TOGETHER WITH:
165DE (SOUTH):
BEGIINNING AT THE SOUTHWEST 67, O THE PUBLIC RECORDS OFCCOWER COUNTY, FLLORIDA. THENCE ALONG THE WESTERLY LINE �OFELOTS MANOR AND 6mOF SAID ONAPLES NMANOR ADDITION PLAT,
N39'04'56'W FOR 200.02 FEET, TO A POINT OF CURVATURE. THENCE 17.69 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A
RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 40'32'09' AND BEING SUBTENDED BY A CHORD BEARING OF N18'48'52W FOR A CHORD DISTANCE OF
17.32 FEET. THENCE S39'04'56•E FOR 216.27 FEET. THENCE S50'54'47"W FOR 6.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 1265.9 SQUARE FEET MORE OR LESS.
SUBJECT-.TO EASEMENTS AND.:RESTRICTIONS OF RECORD.
TECM - ROW
NOV 0 9 2011
MICHAEL WARD PROFESSIONAL SURVEYOR AND MAPPER LS 5301 DATE 'SIGNED
NOT VALID
IT THE.-ORIGINAL.-SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
THIS IS •NOT A SURVEY. - REVISED LEGAL 11/3/11 RAK
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PRMCT: ,LASIP " NAP1:E$ MANOR DITCB �
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SKETCH AND. LEGA DESCRIPTION R sA��rT� c7.��tPARCEL I65DE (DRAINAGE EA3El[EN1'
8810 Wllow Park Drive, Sulte 200
PREPARED FOR: COLLIER COUNTY Woes, Honda 34109
Phone:(239)597 -0675 FAX: (230)597 -0578
LB No.: 6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090220.02.00 2 29 50S 26E 1 " = 50' 1/24/ 1 1 _ R.A.K. I 165DE REV2 1 OF 1