Parcel 482RDUEA & 482TDREAPROJE CT: Golden Gate Boulevard #60040
PARCEL No(s): 482RDUEA & 482TDREA
FOLIO No(s): Portion of 40744240005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this 11 tb day of nPcPmhc-r , 20 12, by and between
ROBERTO PANTALEON and NAYVI FERNANDEZ PANTALEON, his wife, whose
mailing address is 4189 Golden Gate Blvd East, Naples, Florida 34120 (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 Road Right -Of -Way,
Drainage and Utility Easement and a Temporary Driveway Restoration 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 "Easements "), and
WHEREAS, Owner desires to convey the Easements 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
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:
$13,900.00
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, electric gate, fencing 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.
3. 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. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a copy
of any existing title insurance policy and the following documents and instruments
properly executed, witnessed and notarized, where required, in a form acceptable to
County (hereinafter referred to as "Closing Documents ")
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(a) Road Right -Of -Way, Drainage and Utility Easement;
(b) Temporary Driveway Restoration Easement;
(c) Instruments required to remove, release or subordinate any and all liens,
exceptions and /or qualifications affecting County's enjoyment of the
Easements;
(d) Closing Statement,
(e) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit;
(f) W -9 Form; and
(g) 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 execution of this Agreement or within thirty (30)
days of County's receipt of all Closing Documents, whichever is 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 Seller."
5. Owner agrees to relocate any existing irrigation system, electric gate and fencing
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, electric gate and fencing on the remainder property and its performance after
relocation. Owner holds County harmless for any and all possible damage to the
irrigation system, electric gate and fencing in the event owner fails to relocate the
irrigation system, electric gate and fencing prior to construction of the project.
If Owner elects to retain improvements and /or landscaping ( "Improvements ") located
on the Easements, 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.
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 his /her 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.
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(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 sold to 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
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.
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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 lien- holders and /or easement - holders 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. County shall have sole
discretion as to what constitutes "reasonable processing fees ".
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. Furthermore, in accordance with the exemptions provided for in
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes
by County, Owner shall pay all documentary stamp taxes required on the
instrument(s) of transfer.
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: December 11, 2012
ATTEST:
Q,\ � IGHT tE ;OROCK, Clerk
�z uty Clerk
AS TO OWNER:
DATED:! 0 1 6 z6 r �;11
Witness (Signature)
Name (Print or
Witness (Signature)
Name (Print or Type)
Witness (Signature)
%ter-," c 4e,.,kQ�
Name $rint or Type)
Witness (Signature)
1 .6 1,fir / (J /
Name (Print or Type)
Approved as to form and
legal sufficiency:
�/Sistant County Attorney
Last Revised: 04/20/2012
BOARD OF COUNTY COMM SIONERS
COLLIER COUNTY, FLORID
FRED W. COYLE, C
OBEIT- A TALEON
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CARLSON & PALOS
OR 1733/2144
SNELLGROSE
OR 2839/2747
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PANTALEON & PANTALEON
OR 3946/3683
EAST 150' OF
TRACT 54
TRACT 54
GOLDEN GATE ESTATES
UNIT 78
ti PLAT BOOK 5 PAGE 16
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PROPOSED ROADWAY EASEMENT
E PARCEL 482 RDUEA
4,350 SO. FT.
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297+001 2
GOLDEN GATE BOULEVARD (CR 876)
EXHIBIT"
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300 +00
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+00 302 +00
SO. FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK /PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) TECM _ ROW
�7� EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
I/ / i USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 16 FEB 0 1 2010
LEGAL DESCRIPTION FOR PARCEL 482 RDUEA
A PORTION OF TRACT 54, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 4, 'TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 29 FEET OF THE SOUTH 79 FEET OF THE EAST 150 FEET OF SAID TRACT 54.
CONTAINING 4,350 SQUARE FEET, MORE OR LESS.
0 40 60 160 Br:
HAEL A. WARD, PRO StON SURVEYOR & MAPPER
SKETCH &DESCRIPTION ONLY FLORIDA REGISTRATION C E0. 5301
NOT A BOUNDARY SURVEY SCALE: 1 " =60' SIGNING DATE:
NOT VALID WITHOUT THE ORIGINAL 51 �TUOP RAISED EMBOSSED SEAL OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSIONAL RVEVOR AND MAPPER.
GOLDEN GATE BOULEVARD 1)��T^
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT i tsU �L 1 Sr�Eps�"mg
PARCEL 482A RDUE 6610 Willow Park Drive, Suite 200
Naples, Florida 34109
COLLIER COUNTY, FLORIDA Phone: (239) 597 -0575 FAX: (239) 597-0578
LB No.: 6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.01 0001 REV 01 04 49 28 1 " = 80' DEC. 2009 S. R. SK 482A 1 OF 1
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CARLSON & PALOS
N OR 1733/2144
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SNELLGROSE PANTALEON & PANTALEON
OR 2839/2747 OR 3946/3683
EAST 150' of TRACT 55
TRACT 54
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p TRACT 37 TRACT 54
GOLDEN GATE ESTATES
UNIT 78 EXHIS
PLAT BOOK 5 PAGE 16 W E
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a WEST LINE OF S
EAST 150' OF
TRACT 54
PROPOSED TEMPORARY DRIVEWAY
RESTORATION EASEMENT
0
PARCEL 482 TDREA
300 S0. FT.
o
NORTH LINE OF
POINT OF L4 L5 SOUTH 79' OF
BEGINNING TRACT 54
0
SOUTH LINE OF L3 cL7 29,
7 TRACT 54
POINT OF i
o COMMENCEMENT
m ?95 +00 296 +0 297 +00 L1 2 + 2 + 300 +00 3
N
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a GOLDEN GATE BOULEVARD (CR 876)
a
LINE TABLE
LINE BEARING LENGTH
SO. FT, SQUARE FEET L1 N89'30'51 "E 179.84'
OR OFFICIAL RECORDS (BOOK /PAGE) L2 NOO'29'09 "W 79.00'
L3 N89'30'51 "E 61.73'
PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT (TDRE) L4 N00'29'09 "W 15.00'
® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) L5 I N89'30'51 "E 20.00'
� EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL L6 500'29'09 "E 15.00'
�7 L7 S89-30'51 "W 20.00'
I/ / 1 USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 16
LEGAL DESCRIPTION FOR PARCEL 482 TDREA
A PORTION OF TRACT 54, GOLDEN GATE ESTATES, UNIT 78 AS RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER SAID TRACT 54;
THENCE N.89'30'51 "E., ALONG THE SOUTH LINE OF SAID TRACT 54, FOR 179.84 FEET TO A POINT ON THE WEST
LINE OF THE EAST 150 FEET OF SAID TRACT 54;
THENCE N.00'29'09 "W., ALONG SAID WEST LINE, FOR 79.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 79
FEET OF SAID TRACT 54;
THENCE N.89'30'51 "E., ALONG SAID NORTH LINE, FOR 61.73 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL; -ECM - ROW
THENCE N.00'29'09 "W., FOR 15.00 FEET;
THENCE N.89'30'51 "E., FOR 20.00 FEET; FEB 0 12010
THENCE S.00'29'09 "E., FOR 15.00 FEET TO A POINT ON SAID NORTH LINE;
THENCE 5.89'30'51 "W., ALONG SAID NORTH LINE, FOR 20.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
CONTAINING 300 SQUARE FEET, MORE OR LESS.
0 40 80 160 BY:
CHAEL A. WARD. PR oA&RAJSSUE: RVEYOR k MAPPER
SKETCH & DESCRIPTION ONLY FLORIDA REGISTRATION n . 5301
NOT A BOUNDARY SURVEY SCALE: 1 ° =80' SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL 51 �TUR EMBOSSED SEAL OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
GOLDEN GATE BOULEVARD 'DIX T/
SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY DRIVEWAY NS TI 1 Saveyy ac Moping avilBlIgnacift
PARCEL 482A TDRE RESTORATION EASEMENT 6610 Willow Park Drive, Suite 200
Naples, Florida 34109
COLLIER COUNTY, FLORIDA Phone: (239) 597.0575 FAX: (239) 597 -0578
LB No.: 6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.01 0001 REV 01 04 49 28 1" = 80' DEC. 2009 S.D.L. SK 482ATDRE 1 OF 1