Parcel 329 & 331MEMORANDUM
TO:
Ellie Hoffman
Deputy Clerk
Minutes & Records Management
FROM:
Ernie W. Kerskie
Real Property Specialist
Real Property Management Department
DATE: September 26, 2000
RE:
Golden Gate Boulevard Project
Owner: Pena / Parcels 329 & 331
Please find attached one (1) original recorded Easement, (1) original recorded
Temporary Driveway Restoration Easement and (I) original executed Easement
Agreement for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved the
acceptance or recordation of same on June 22, 1999, Item 8(B)7.
Please contact me if you have any questions or comments at X8991.
Thank you.
attachments as stated
cc.'
N. Korti, Project Manager, TECMD
Inventory File w/attachment
PROJECT: GOLDEN GATE BOULEVARD
PARCEL: 329 & 331
FOLIO: 37114640002 & 37114800004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between GUILLERMO PENA and CARMEN PENA,
husband and wife (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns (hereinafter
referred to as the "Purchaser");
WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for
drainage, utility and maintenance purposes (hereinafter referred to as the "Easement")
over, under, upon and across the lands described in Exhibit "A", which is attached
hereto and made a part of the Agreement, described as follows, to wit;
SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference;
WHEREAS, the Purchaser requires a non-exclusive Temporary Driveway
Restoration Easement (hereinafter referred to as "TDRE") over, under, upon and across
the Owner's lands, for reconstruction of the existing driveway, described in Exhibit "B",
which is attached hereto and made a part of the Agreement, described as follows, to
wit;
SEE ATTACHED EXHIBIT "B", which is incorporated herein by reference;
WHEREAS, the Owner desires to convey the Easement and the TDRE
(hereinafter collectively referred to as "Properties") to the Purchaser for the stated
purposes, on the terms and conditions set forth herein;
WHEREAS, the Owner desires to be compensated for the Properties as well as
any improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the
conveyance of the Properties and for the improvements located thereon.
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser the Properties in exchange for the sum of
$3,800.00, broken down as follows:
Easement (#329 - $500.00, #331 - $500.00)
Improvements (#329 - $2,000, #331 - $600.00)
Temp. Driveway Restoration Easement (#329 - $100, #331 - $100)
$1,000.00
$2,600.00
$ 200.00
TOTAL: $3,800.00
Owner accepts the above compensation as full payment for the
Properties, and for all landscaping, trees, shrubs, improvements and fixtures located
thereon, and for any damages resulting to the remainder, if less than Owner's entire
property was taken, and for all other damages in connection with the conveyance of
said Properties to Purchaser.
2. Purchaser shall pay Owner by County Warrant.
3. This Agreement shall be null and void, and of no further force or effect,
unless closing shall occur within ninety (90) 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 all properly executed instruments
affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver
the County Warrant to Owner and Owner shall deliver the Properties to Purchaser in an
instrument acceptable to Purchaser.
4. Prior to the closing, Owner shall obtain from the holders of any and all
liens, encumbrances, exceptions, or qualifications in and to the Easement, the
execution of such instruments that will, upon their recording in the Public Records of
Collier County, Florida, clear any and all encumbrances from the Easement. Such
instruments shall be provided to Purchaser on or before the date of closing.
5. 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.
6. Owner represents that the Properties and all uses of the Properties
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 Properties 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 Properties to be sold to the
Purchaser, that the Owner has not received notice and otherwise has no knowledge of
a) any spill on the Properties, b) any existing or threatened environmental lien against
the Properties or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Properties. This
provision shall survive closing and is not deemed satisfied by conveyance of title.
7. 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.
8. The Purchaser shall pay for all costs of recording the conveyance
instruments in the Public Records of Collier County, Florida, All other costs associated
with this transaction including but not limited to transfer, documentary and intangible
taxes, and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated with
the securing and recording a Subordination, Consent & Joinder of Easement of the
mortgage(s) recorded against the Easement from the mortgagee(s). The cost of the title
commitment shall be paid by the Purchaser.
9. 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.
10. If the Owner holds the Properties 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 Properties before the Properties 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. Conveyance of the Properties, or any interest in the Properties, 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.
12. 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
this ~ l day of ~ 0 ~R.~, 2000.
Dated Project/Acquisition Approved by BCC: 4~28/98 16(B)1 (Res. #98-107)
6/22/99 8(B)7 (Res. #99-291)
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
., E~eputy Clerk
Chatnan' s
signature' on~
AS TO OWNER:
BOARD OF~'MIsSIONERS
COLLIER (~:3UNTY, FLORIDA
Tim h~ Const~lr~?~e, Chta'i'rman
/,~'-'~TED:. ~ '7_- ¢~
Wit~"ess~_~l:gnatu~e) ~
Nam~~{ ~- ~~
(Print or ;y~
Witness (Signature)
Name: ~r~t ~,
(Print or Type)
~ (~rint'or ~yp~)
Witness (Signature)
Name: G¢~ ~,
(Print or Type)
GUILLERMO PENA
CARMEN PENA
Approved as to form and
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO.329
EXHIBIT
Pa~ I of
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the East 105 feet of Tract 72,
Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103
of the Public Records of Collier County, Florida.
WEST PROPERTY LINE
NORTH PROPERTY LINE
105 FEET
EXISTING R/W LINE
(GOLDEN GATE BLVD.)
EAST PROPERTY LINE
N
15 FOOT DRAINAGE , UTILITY AND
MAINTENANCE EASEMENT
(EXISTING 50 FT. R/W EASEMENT)
SOUT. P.OPERTYLI.E T
SCALE: 1 inch = 100feet
Collier County Real Property Management Department 07/01FJ8 1:17 PM
PROJECT NO. 63041
PROJECT PARCEL NO.331
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY')
The North 15 feet of the South 65 feet of the West 105 feet of Tract 73,
Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103
of the Public Records of Collier County, Florida.
// WEST PROPERTY LINE
EXiSTiNG R/W LINE
(GOLOEN GATE BLVD.)
NORTH PROPERTY LINE
105 FEET
SOUTH PROPERTY LINE T
EAST PROPERTY LINE
15 FOOT DRAINAGE , UTILITY AND
MAINTENANCE EASEMENT
(EXISTING 50 FT, R/W EASEMENT)
SCALE: 1 inch = 100feet
Collier County Real Property Management Department 06/25191~ 1'.08 PM
Project No. 63041
Parcel No. 329 T
EXH Bn'
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A $URVEY)
The East 30 feet of the West 53 feet of the North 10 feet of the South 75 feet of the East 105 feet
of Tract 72, Golden Gate Estates Unit No, 11, as recorded in Plat Book 4, Page 103, of the Public
Records of Collier County, Florida.
EXHIBIT
pBge _
Parcel No. 331 T
Temporary Driveway Restoration Easement
The East 50 feet of the West 78 feet of the North 15 feet of the South 80 feet
of the West 105 feet.of Tract 73, Golden Gate Estates Unit No. 11, as
recorded in Plat Book 4, Page 103 of the Public Records of Collier county,
Florida.
PROJECT: GOLDEN GATE BOULEVARD
PARCEL: 331T +
FOLIO: 37114800004
2688210 OR: 2720 PG: 3016
RR¢0NUBD in O~FIOIAL NBCORDB of COLLIER COUNTY,
09/12/2000 at 02:08PH DWIGHT B. BROCK, CLRRK
Retn:
HBAL PNOPNRT¥
8ZT 8991
INTSR O~ICN
TEMPORARY DRIVEWAY RESTORATION EASEMENT
CONS 200,00
RBC ~S! 19.50
COPlBS 4.00
THIS EASEMENT granted this 7fi- day of .-,,~,,~':~ ",~. , 2000, by GUILLERMO PENA
and CARMEN PENA, husband and wife, whose mailing address's 411 Golden Gate Boulevard West,
Naples, Florida 34120-2168, as Grantor, to COLLIER COUNTY, a political subdivision of the State of
Florida, 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 or assigns.)
WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and
other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby
conveys, grants, bargains and sells to the Grantee, a Temporary Driveway Restoration Easement to
enter upon the lands described as follows (the "Easement Area"):
See attached Exhibit "A", which is
incorporated herein by reference.
The Easement Area, which is adjacent to the permanent easement conveyed by the Grantor to
the Grantee, shall be used by Grantee for the purpose of filling, grading and placing concrete, asphalt or
rock, on the Grantor's lands for the purpose(s) of constructing, with materials of like kind, a
driveway/turnout and/or to provide for continuous transition between the existing driveway and the newly
constructed road, sidewalk and drainage improvements on Golden Gate Boulevard. This Temporary
Driveway Restoration Easement shall expire upon completion of construction or August 31, 2004,
whichever occurs first. However, if construction is not completed by August 31, 2004, this Temporary
Driveway Restoration Easement shall automatically extend to August 31, 2005. Grantee shall use its
best efforts to restore the existing landscaping, plantings and light fixtures within the Easement Area to
its original condition. Grantor and Grantee are used for singular or plural, as the context requires.
THIS IS NOT HOMESTEAD PROPERTY
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and
year first above written.
Wit n~ss (S',q n~t~r~).
(Print or Type)
Witness (Signature)
Name: ~r~f
(Print or Type)
GUILLERMO PENA
Address: 411 Golden Gate Blvd. West
Naples, FL 34120-2168
.,~ (~rin~ or T~p?)
Witness~Signature)
Name: ~r~ ~.
(Print or Type)
his prope has been acquired under
threat of condemnation and is exempt from
documentary stamp tax
CARMEN PENA
Address: 411 Golden Gate Blvd. West
Naples, FL 34120-2168
Ti.i Z S" CON V E YAN CE~'A CC£P?EI)-B~-?HE1
BOARD OF COUNTY COMMISSIONERS,
C01 LI:ER COUNTY, FLORIDA,
OF RESOLUTION NO.
OR: 2720 PG: 3017
Page 2
STATE OF FLORIDA
COUNTY OFCOLLIER
The foregoing Easement was ackno~ before me this _~.~_~ day of
by GUILLERMO PENA, who is ~'r,~ly know~to me or who has produced
[type of identification] as identific~ ~.
2000,
(affix notarial seal)
~¢~7% Ernest W. Kerskie
~ ~ ~'~i0~CC753115
AT~ ~NOING ~., INC
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Easement wa~wledged before me this "7/'-- day of
by CARMEN PENA, who is ~y~k'nd--wrr~..¢o me or who has produced
of identification] as identificatio71'7.--
2000,
[type
(affix notarial seal)
,~..¢,Y~,~ Ernest W. Kerskie
· A, ~.,Commissio~ # CC 753t15
("Of: ~ ATLANTIC BONDING CO. INC
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
Prepared by:.
Robert N. Zachary, Esquire
Office of the County Attorney
3301 East Tamlaml Trail
NapJes, Florida 34112
(941) 774-8400
OR: 2720 PG: 3018
Project No. 6304
Parcel No. 329 T
EXHIBIT.,q
Page / of ~
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOTA $URVED
The East 30 feet of tile West 53 feet of the North 10 feet of the South 75 feet of the East 105 feet
of Tract 72, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103, of the Public
Records of Collier County, Florida.
OR: 2?20 ?G: 3019
EXHIBIT~_.~.__
Page_ ~ of__~_.
Parcel No. 331 T
Temporary Driveway Restoration Easement
The East 50 feet of the West 78 feet of the North 15 feet of the South 80 feet
of the West 105 feet of Tract 73, Golden Gate Estates Unit No. 11, as
recorded in Plat Book 4, Page 103 of the Public Records of Collier County,
Florida.
Hetn:
~B~L PHOPHNTY
BIT 8991
INTHR OP~ICH
2688209 OR: 2720 PG: 3012 COHS
RHCORDBD in the OEYICIAL RBCORDB of COLLIHR COUNTY, FL RBC EBB
09/12/2000 at 02:08EM DWIGHT B. BROCK, CI.BRK COPlBS
PROJECT: 63041/Golden Gate Blvd.
PARCEL:S29+331 / Pena
FOLIO: 37114800004
3? I I ~bq oooz. EASEMENT
3600.00
1%50
4.00
THIS EASEMENT, made and entered into this q~ day of ~,~ip7/~/~4 ~¢z', 2000,
by GUILLERMO PENA and CARMEN PENA, husband and w(fe, whose mailing
address is 411 Golden Gate Boulevard West, Naples, FL 34120-2168, 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.)
WITNESSETH:
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 easement, license, and privilege for drainage, utility and
maintenance 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 VACANT LAND AND NOT THE HOMESTEAD PROPERTY OF THE
GRANTOR
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, remove all landscaping, trees, shrubs, improvements
or fixtures located thereon and take materials for the purpose of constructing, operating
and maintaining drainage and utility facilities 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.
Witn',e/~r~ at~ r~ ) ~--
Name: ¥'3~,', ~ ,~J~ ,~-'
(FSrin{'or ~pe)
Witness (Signature)
Name: ~,-e
(Print or Type)
GUILLERMO PENA ~j
Address: 411 Golden Gate Boulevard W
Naples, FL 34120-2168
This property has been acquired under
threat of condemnation and is exempt from
documentary stamp tat
THZS CON~Y~A~CE~CCEPTED"-B¥ THE
BOARD OF COUNTY COMMISSIONEP~,
C01L~ER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. ~-~1 _
OR: 2?20 ?G: 3013
Page 2
Witness Si(~g.Qa!u re)
(P~'int ~r Type)
Witness (Signature)
Name: ~
(Print or Type)
CARMEN PENA
Address: 411 Golden Gate Boulevard W
Naples, FL 34120-2168
STATE OF
COUNTY
The foregoing Easement was acknowledged be~:~e-me-_J.b~ -~'~_ day of
..~ ~ PT', 2000 by GUILLERMO PENA, who is I:t~ know~ me or who
has produced as identification,
(affix notarial seal)
_.,.~Y./'~,_ Ernest W. Kerskie
~ ~ ~,Commissi0o ~ CC 75311 §
~:,,~ Exp~ Ju~21, 2~2
~ ~- BONDED
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
STATE OF
COUNTY OF
~T~he foregoing Easement was acknowledge~this ~7j'~- day of
~ I~ ~"J-,,2000, by OARMEN PENA, who is(g..__._~ally knc~w~ to me or who has
produced as identification.
(affix notarial seal)
Ernest W. Kerskie
~m~si~ ~ CC 753t 15
xpires June 21, 2002
Prepared by:.
Robert N. Zachary, Esquire
Office of the County Attorney
3301 East Tamlaml Trail
Naples, Florida 34112
(941) 774-8400
(Signatur~-~f Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
OR: 2720 PG: 3014
PROJECT NO. 63041
PROJECT PARCEL NO. 329
EXHIB ,
Page ~ of,,,;;~
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the East 105 feet of Tract 72,
Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103
of the Public Records of Collier County, Florida.
WEST PROPERTY LINE
EXISTING R/W LINE
(GOLDEN GATE BLVD.)
NORTH PROPERTY LINE
t05 FEET
SOUTH PROPERTY LINE 'T
EAST PROPERTY LINE
15 FOOT DRAINAGE , UTILITY AND
MAINTENANCE EASEMENT
(EXISTING 50 FT. ~ EASEMENT)
SCALE: I Inch = 100feet
Collier County Real Propedy Management Depadment
07/01/98 1:17 PM
*** OR: 2720 PG: 3015 ***
PROJECT NO. 63041
PROJECT PARCEL NO. 331
EXHIBIT
pa~ ~ of
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the West 105 feet of Tract 73,
Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103
of the Public Records of Collier County, Florida.
WEST PROPERTY LINE
EXISTING PJW LINE
(GOLDEN GATE BLVD.)
NORTH PROPERTY LINE
105 FEET
EAST PROPERTY LINE
N
15 FOOT DRAINAGE, UTILITY AND
MAINTENANCE EASEMENT
T ' (EXISTING 50 FT. P,A'V EASEMENT)
SOUTH PROPERTY LINE T
SCALE: linch = 100feet
Collier Counb/Real Pmperb/Management Department 06/25/98 1:08 PM