Parcel 103TO:
FROM:
DATE:
RE:
RECEIVED
INTEROFFICE MEMORANDUM 2 2 :. s9
~oard of' Count? Cc~r~fss~oners
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specialist I1,~~
Real Property Management Departmey,.,~/',,/.
March 19, 1999
Golden Gate Boulevard, Parcel 103
Project 69031 (Kirton & Ballenger)
Pursuant to Resolution 98-107, Agenda Item 16.B.1, dated April 28, 1998, the
Board has authorized its present Chairman 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.
For the Golden Gate Boulevard Project, please reference Resolution No. 98-107,
Paragraph 8.
The attached Easement Agreement has been executed by the property owner of
the subject parcel of land.
These documents have been reviewed and approved by County Attorney staff.
Please complete the document(s) as necessary and return them to my
attention.
If you have any questions regarding this matter, please contact me at 774-8991.
Thank You.
Attachment:
PROJECT: Golden Gate Boulevard
PARCEL NO: 103
FOLIO: 36711360003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between BRIAN E. BALLENGER, a single person and
AMY ROSE KIRTON, a single person, (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
sidewalk, drainage, utility and maintenance 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, Purchaser has agreed to compensate Owner for conveyance of the
Property;
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 Pumhaser for the sum of $3,000.00, 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.
2. Pdor 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.
3. 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 Purchaaer'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.
4. 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
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, Flodda.
6. 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.
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
coud, 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 instrument 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 secudng and recording a Subordination, Consent & Joinder of Easement
of the mortgage(s) recorded against the Properly from the mortgagee(s).
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 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 288, 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,
Flodda Statutes, whose stock is for sale to the general public, it is hereby exempt
from the provisions of Chapter 286, Flodda Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Flodda.
Easement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this_,.~_ day of J'C~AC~ .19c~c) .
Date Property acquisition approved by BCC: April 28, 1998.
AS TO PURCHASER:
DATED: ~/~,?-~ /
AI-I'EST:. · '
DWIGHT El BROCK,
/~y."~'z~,b- ~r-,~4), D~l~uty Clerk
to
signature o~1~,.
AS TO OWNER:
DATED: /~¢ ~. _._-3 ./~?
I
Witness (Signatu~:la
Name: Davis
Witness (Signature) ..... ,_[.
Name: - - Vincent Murphy
(Print or Type)
Witness (Signature)
Name: Llnda Davis
Name: ~ .,,c .ntMurl~Y
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA A
BY:~
Bdan E. Bailenger, a single p~'rs~n-/
40 Weber Blvd. N.
Naples, FL 34120
A'l~y Ro~ile Kirt-on, ~ Isingle p~r~on
40 Weber Blvd. N.
Naples, FL 34120
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Affomev
PROJECT NO. 6304'1
PROJECT PARCEL NO. 103
(NOT A SURVEY)
The North 25 feet of the South 75 feet of Tract 24, LESS the West 30
feet thereof, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4,
Page 77 of the Public Records of Collier County, Florida.
i
i
i
~ 25 FOOT SIDEWALK, DRAINAGE.
r ................. '"~ ......................
......
~OI.rl'H PROPFPTY tINp T
(GOLDf~ GATE BLVD.}
Memorandum
To:
From:
Date:
Subject:
MAUREEN KENYON, CLERK OF THE BOA/R
JEAN JOURDA., SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT
OCTOBER 26, 1999
AGENDA ITEMS: 10 (a) (1)
APRIL 28, 1998
ATTACItED IS TIIE FOLLOWING ORIGINAL DOCUMENT FOR YOUR SAFE-
KEEPING COMPRISING OF ONE (I) EASEMENT ACQUIRED FOR THE FOUR
LANING OF GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND
WILSON BOULEVARD.
OFFICIAL RECORD BOOK & PAGE NUMBER:
2538/260-262
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: 63041 (G. G. Blvd.)
PARCEL: 103
FOLIO: 36711360003
HAL
EASEMENT
THIS EASEMENT, made and entered into this ,~.~ day of , · ~/~, C~,
19.~., by BRIAN E. BALLENGER, a single person and AMY ROSE KIRTON, a single
person, whose mailing address is 40 Weber Blvd. N., Naples, FL 34120, 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 its respective heirs, legal representatives, successors and assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive easement, license, and privilege for sidewalk, drainage, utility
and maintenance purposes, on the following described lands located in Collier County,
Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of constructing,
operating and maintaining sidewalk, drainage, and utility facilities thereon. Grantor and
Grantee are used for singular or plural, as the context requires. The easement granted
herein shall constitute easements running with the land and shall burden the lands
descdbed above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above wdtten.
AS TO OWNER:
DATED:
(Print.,Ng'mo)
SECOND Wl'r~l~t(~re)
(Print Name)
THZ$ CONVEYANCE ACCEPTED BY THIS 11
~O~FD OF' COUNTY COMN[SSJ'0NERS,
Cc':',! r~ c",,;ry, FlmOP]DA,
Brian E. Ballonger,; ~ ~
40 Weber Blvd. N.
Naples, FL 34120
OR: 2538 PG:
0261
Page 2
FIRST WITNESS (Signature)
Llnda Davis
(PrinLNa~ne,~
S ECO~c~.~-t~(Sig n atu re)
(Pdnt Name)
40 Weber Blvd. N.
Naples, FL 34120
STATE Of __~-
COUNTY OF
The foregoing Easement was acknowledged before me this -~" day of
~, 1999. by Bda, n E. Ballenger~;a single person, who is personally known to
me or who has produced ~as identification.
(A~x notadal seal)
u,o~ ~s- ~ (Signature of Nota~)
: ". ~~~ (Pdnt Name of Nota~)
Commission
My Commission Expires:
STATE OF /"/~,
COUNTY OF ~_~
The foregoing Easement was acknowledged before me this ..~' day of
,1999, by Amy Rose Ki .rton, a single person, who is personally known to
me or who has produced~',', t,'/.~ :~; ~,~,',-,:~-.-~.,-' ....~,, as, identifi~.
~ ~, ~,~-~,'¢,~-, ,7, , /~,. ~ ~,/ ..,
(Amx
notadal
seal)
(Signature of Nota~)
LINDA DA~S ~
~, c~s~, ~ ~ (Print Name of Nota~)
~ E~S ~ 14. ~
I; '' ~'~ ~ '~ ~,~ Commission ~
My Commission Expires:
PROJECT NO. 63041
PROJECT PARCEL NO. 103
(NOT A SURVEY)
The North 25 feet of the South 75 feet of Tract 24, LESS the West 30
feet thereof, Golden Gate Estates Unit No. 3, as recorded In Plat Book 4,
Page 77 of the Public Records of Collier County, Florida.
EX~STING R/W LINES
N~TH PRC~ERTY LINE
300 FEET
25 FOOT SIDEWALK, DRAINAGE.
~ UTILITY AND MAINT. EASEMENT
L.
(E)aSTING 50' ~ EASEMENT)
SOUTH PROPERTY LINE
N