Parcel 113RECEIVED
NOV - 1998
INTEROFFICE MEMORANDUM
TO:
Sue Filson, Administrative Assistant
Board of County Commissioners
FROM:
DATE:
Jean Jourdan, Real Property Specialist II
Real Property Management Department
November 5, 1998
RE:
Golden Gate Boulevard, Parcel 113
Project 69031 (Gutman)
According to Resolution 98-107, Agenda Item 16.B.1, dated April 28, 1998, the
Board of County Commissioners approved the purchase of land interests for the
Golden Gate Boulevard Roadway Improvement Project.
The attached Purchase Agreement has been executed by the property owner of
the subject parcel of land.
These documents have been reviewed 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: 63041 (G. G. Blvd.)
PARCEL: 113
FOLIO: 36717400006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") Is
made and entered into by and between ROSE GUTMAN, Individually and as Trustee
U/DFF dated 6/21/77, whose mailing address is 6025 Shore Boulevard South, Ste.,
#205, Gulfpod, FI., 33707 (hereinafter referred to as the "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, ils successors and assigns
(hereinat'ter referred lo as lhe "Purchaser");
WHEREAS, the Purchaser requires a perpetual non-exclusive easement for
drainage, ulilily and maintenance over, under, upon and across the lands described in
Exhibit "A", which is attached herelo and made a part of this Agreement, (hereinafter
referred Io as lh6 "Property") described as follows, to wit;
See attached Exhibit "A" which Is incorporated herein by reference.
WHEREAS, the Owner desires to convey the Easement to the Purchaser for the
stated purposes, on lhe terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Easement over, under, upon, and across Ihe 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 are hereby mulually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser an Easement over, under, upon, and across the
Properly in exchange for the sum of $2,500.00 (Two Thousand and Five Hundred
Dollars) as full payment for lhe Properly interests taken and for removal or destruction
of landscaping, trees, shrubs, improvements, and fixtures, and for any damages, fees
and costs resulting to lhe remainder, if less than the entire property was taken, and for
all other damages in connection with said Property. Purchaser may install drop curbing
(for a driveway entrance only), when appropriate, at a location that is mutually
acceptable to the parties. However, if the parties are unable to agree upon a mutually
acceptable location, Ihen the Purchaser shall have the right to install said drop curbing
where Purchaser deems appropriate.
2. Purchaser shall pay Owner for the Easement by County Warrant.
3. Both Owner and Purchaser agree that closing shall occur within sixty (60) days
of the execution of the Agreement by Purchaser. However, Owner agrees that closing
may be extended until such time as any and all liens, encumbrances, exceptions, or
qualifications in and Io the Property are properly executed and delivered to the
Purchaser. At closing, Purchaser shall deliver the County Warrant Io Owner end Owner
shall deliver an Easement lo Purchaser in a ¢orm acceptable to Purchaser.
Page 2
4. Prior to lhe closing, Owner shall obtain from the holders of any and all liens,
encu~bra~}ces, exceptions, or qualifications in and lo Ihe Property, /he execution of
such il~strumenls thai will, upon their recording in the Public Records of Collier County,
Florida, clear any and all encumbrances from the Property. Such instrumenls shall be
provided Io Purchaser on or bel'ore lhe date of closing.
5. Conveyance of the Easemenl, or any interest in the Property, by lhe Owner is
contingent upon no other provisions, conditions, or premises other lhan those so stated
above: and Ihe written agreemenl, including all exhibits attached hereto, shall constilule
lhe emire agreement and understa~ding of Ihe Parties, and Ihere are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties, or
covenants no/contained herein.
6. Owner is aware and understands that lhe "offer" to purchase represented by
this Agreemenl is subject to acceplance and approval by the Board of Counly
Commissioners of Collie'r Counly, Florida.
7. Owner represents that the Properly and all uses of the Properly have been
and presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, Irealed 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
~n 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
existi~l~j or threatened environmental lien against Ihe Property or c) any lawsuit,
proceeding or investigation regarding lhe generalion, storage, treatment, spill or
transfer of hazardous substances on Ihe Properly. This provision shall survive closing
and is not deemed satisfied by COnveyance of title.
8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless
the Purchaser against and from, and to reimburse the Purchaser with respect Io, any
and all damages, claims, liabilities, laws, costs and expenses (including without
limitalion reasonable paralegal and attorney fees and expenses whether in court, out of
coud, itl bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of lhe breach of
Owner's representalion under Seclion 7. This provision shall survive closing and is not
deemed salisfied by conveyance of lille.
9. The Purchaser shall pay for all costs of
costs associated wilh this transaction including but recording lhe Easement. All olher
no[ limited to transfer, documentary
and inlangible [axes, 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 obtaining and recording of a Subordination, Consent & Joinder of
Easemenl of the mortgage(s) recorded againsl the Property from the mortgagee(s).
10. If the Owner hods lhe Properly in lhe l'orm of a partnership, limited
padnership, 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 oalh, of Ihe name and address of every person having a beneficial
interest in the Property before lhe Properly held in such capacity is conveyed to
Purchaser, its successors and assigns. (If the corporalion is registered wilh the Federal
Securilies Exchange Commission or registered pursuanl Io Chapter 517, Florida
Statules, whose stock is for sale to the general public, it is hereby exempt from the
provisIons of Chapler 286, Florida Statutes.)
11. This Agreement is guverned and construed in accordance with the laws of
the Slale o1' FlOrida.
Page 3
IN WITNESS WHEREOF, the
Agreement on this ~ day of
Dated Project/Acquisition Approved by
AS TO PURCHASER:
DATED:
· ',~,TTE ST: ''//
: DWIGHT.E. BR'~.'CK, Clerk
Attest as'to Chatr~lm'$
s t gna Lure "~ I y.
AS TO OWNER:
D A T E D :__ L~Li__~__.~._~
Name: ,..% h oj.,,.., ,¢~..__'~]~ o~. ~:L~__~",,,...,
Witness (~igna~
(Prinl or Type) -
parties hereto have executed this Easement
,19
BOARD OF COUNTY COMMISSIONERS
COi:.LIER COUNTY, FLORIDA
uarDara B. Berry, ~Chair~an~
o'se Gutm~"n, Individual~'y ~nd'~s Trustee
6025 Shore Boulevard
Ste. #205
Gulfport, Fl,,33707
PROJECT NO. 63041
PROJECT PARCEL NO. 113
L glETJ.QB_ S_EE_T_C
(NOT A SURVEY)
The North 15 feet of the South 65 feet of Tract 41, Golden Gate Estates
Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of
Collier County, Florida·
WEST PROPERTY LINE
EXISTIrlG RAN LINE
NORTH PROPERTY LINE
3,~0 FEET
EAST PROPER~ LINE
15 FOOT DFLAItlAGE. UTILITY
I Ar4D MAINTENANCE EASEMENT
T (EXIST lNG 50 FT. R,,'W Fr. ASEME NI) (GCX. OEN GATE BLVO.)
OUTH PRORERI~ LINE ]
SCALE: I inch · 100 leel
Ca~ Cou~'~y Rea~ Pm~e~7 Ma~emenl ~nl 06/'2:~J,8 9 12 AM
PROJECT: 63041 (G. G. Blvd.)
PARCEL: 113
FOLIO: 36712440003
2397985 OR: 2482 PG: 3154
II~ii OIIIC!
cows 2500,00
sic FxI 15.00
DOC-JO 17,50
EASEMENT
THIS EASEMENT, made and entered into this. I~/;~' day of /'~, ~ ,k ~ ;/ '
19~, by ROSE GUTMAN, Individually and as Trustee U/D/T daied 6/21/77, whose
mailing address is 6025 Shore Boulevard South, Ste., #205, Gulfport, FI., 33707, 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 ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive easement, license, and privilege for drainage, utility and
maintenance purposes, on the foltowing described lands located in Collier County,
Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of constructing,
operating and maintaining drainage, and utility facilities thereon. Grantor and Grantee
are used for singular or plural, as the context requires. The easement granted herein
shall constitute easements running with the land and shall burden the lands described
above.
THIS CONVEYANCE ACCEPTED BY THE 1
BOARD OF COUNTY COPU~IS$IONER$,
COLLIER COUNTY, FLORIDA,
PURS'.':~IT TO THE PR~VJSIONS
OF ~[5~LUiiO:~ t~O. ~
Page 2
OR: 2482 ?G:
3155
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
WITNESSES:
.~ignature).
(PJJ. nted Name)
~'Printed Name)
Rose Gutrffan, Individually and as Trustee
6025 Shore Boulevard
Ste. #205
GulfPort, FL 33707
STATE OF
COUNTY OF
.The foregoing Easement was acknowledged before me this ~day of
~)c,~ ,1998, by Rose Gutman, Individually and as Trustee, wh s~ally~own
to me or who has produced ' as identification.
(affix notarial seal)
~"~S)~nature (~f Noiary'lSublic)
('Print Nam~ of NotarY Public)~ -
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
· I~I~OJECT NO. 63041
PROJECT PARCEL NO. 113
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of Tract 41, Golden Gate Estates
Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of
Collier County, Flodda.
EAST PROPERTY LINE
1~ FOOT DRAJNAGE, UTII. R~
L T (EXISTING ~ FT. I~W EA.~MENT) (GOLDEN C~TE B~.VD.)
~ llnch - 100feel