Parcel 297TO:
FROM:
DATE:
RE:
MEMORANDUM
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
ERNIE W. KERSKIE, REAL PROPERTY SPECIALIST
REAL PROPERTY MANAGEMENT DEPARTMENT
JUNE 23, 1999
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
PARCEL: 297 / DAWSON
Attached you will find one (1) Easement Agreement for execution by
Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be
advised that Robert Zachary, Assistant County Attorney, has reviewed and
approved the attached documents.
The Board of County Commissioners of Collier County, Florida approved the
acquisition by gift or purchase in Resolution 98-'107, Item 16(b)(1), dated April
28, '1998. Pursuant to Resolution 98-107, Paragraph 8, 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.
Once the Agreement has been executed, please forward same to Eilie Hoffman,
Records Technician III, Minutes and Records Management, for attestation by the
Clerk to the Board. Ms. Hoffman will then call me at extension 8991 for
document pick-up.
Thank you.
Attachment as staled
PROJECT: 63041 Golden Gate Boulevard
PARCEL NO: 297
FOLIO: 37068800008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the 'Agreement") is made and entered
into by and between CURTIS DAWSON, a married man. (hereinafter referred Io as "Owner"), and
COLLIER COUNTY, a political subdivision of the Stale of Florida. its successors and assigns (hereinafter
referred to as 'Purchaser');
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for drainage, utilily 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 Properly to Purchaser for the slated purposes, on the
lerms and conditions set fodh h~ein; and
WHEREAS, Purchaser has agreed to comper,: te Owner for conveyance of the Property;
NOW THEREFORE, in consideration of lhese premises, the sum ct ] Dollars (SI0.00). and other
good and valuable consideration, the receipt and sufficiency of which is he.r*.,~v, mutually, acknowledged it
is agreed by and bah'lean the parties as follows: C).~"~,~J '
/'/~C',(~ T"w~
1. Owner shall convey the Property to Purchaser for the sum of $'~ (One Thousand~tDollars),
payable by County Warrant (said transaction hereinafter referred to 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 dam.ages resulting to Owner's remaining
lands, and for all other damages in connection with conveyance of said Property to Purchaser.
Purchaser may install drop curbing (for a driveway entrance only), when appropriate, at a location
thal is mulually acceptable to the parties. However, if the parties are unable 1o agree upon a
mulually acceptable location, then the Purchaser shall have the right to install said drop curbing
where Purchaser deems appropriate.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualificalions
encumbering lhe 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. O.,',mer shall provide such instruments, properly executed, to Purchaser on
or before '.he date of clo.~ing.
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 execules this Agreement; provided; however, thal
Purchaser shall have the unilateral right lo extend the lerm of this Agreement pending receipt of
properly executed instrumenls affecting Purchaser's enjoyment of the Property At Closing,
Purchaser shall deliver the County Warrant to Owner and Owner shall deliver Ihe conveyance
instrument to Purchaser in a form acceptable to Purchaser.
4. Conveyance of the Property by Owner is contingent upon no other prowsions, conditior~s, or
premises other than those so staled above; and the written Agreement, including all exhibits
attached hereto, shall constitute Ihe enlire Agreemenl and understanding o,~ the parties, and there
are no other prior or contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein.
5. Owner is aware and understands that the "offer" to purchase represented by this Agreement m
subject 1o acceptance and approval by the Board of County Commissioners of Collier County,
Florida
6. Owner represents that the Property and all uses of the Property nave been and presently are
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; thai 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 sp~ll u~ the Property, b)
any existing or threatened environmental lien against the Property or c) any lawsuit, proceedir,,g or
,ag~.d.,.~, .h. gone,~t.on, .,o,~ ............ ,,~,,,,, cr h,czcrdc, u$ subst~r",cer,
on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance o;
title.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser a~ainst and from, and to
reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and
expenses (including withoul 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 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 faxes, and recording costs for any curative instruments shall
Easement Agreement
Page 2
be borne and prod by Owner. Owner shall be responsible for paying any costs and/or
associated with the securing and recording a Subordination. Consent & Joinder of Easement of the
mortgage(s) recorded against the Property Item Ihe mortgagee(s).
9. This Agreement and the terms and provis~Ons hereof shall be effective as of the date
Agreement ~s executed by both part~es and shall inure to the benefit of and be binding upor;
parties hereto and their respective heirs, execulors, personal representalives, 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, tru~,t or
any form of representative capacity whatsoever for others, Owner shall make a written pubhc
disclosure, according lo Chapter 286, Florida Slatules, under oath, of lhe name and address of
every person having a beneficial interest in the Property before the Property held in such capacity
conveyed to Purchaser. its successors and assigns. (1[ the corporation ~s registered with the
Federal Securities Exchange Commission or registered pursuant 1o Chapter 517. Florida Statutes,
whose stock is for sale to /he general public, it is hereby exempt l'rom lhe provisions of Ch~ter
286, Florida Statutes.)
11 This Agreement is governed and construed in accordance w~th the laws o~' the Slate of Florida
IN WITNESS WHEREOF, lhe parties hereto have executed this Agreemenl on lh,s ,~,,~. de,, cf
¢ _)~-,,~ , t
Date Property acqu~s,hon approved by BCC 4/28/98
AS TO PURCHASER
DWIGHT E.' BROCKi Clerk
AS:r9
DATED:
Wdness (Siq.qature)
(Prlnl or Type)
Witness (Signature)
N _"me: '~-- / ..........
(Prinl or Type)
BOARD OF/~OUNTY COMMISSIONERS
COLLIERFC~NTY. F~,ORJ[3~/$. , , /
Pamela S. Ma .'Kie. Chmrwomar~
Curtis D ¢~,
Address: ...... 4 ~)~_ J~y~s_(;[c~.k. DOve
__ FI,
Approved as to form arid
lega! ,~.uff~c~enc y:
Robert Zachary
Assistant Courtly Aliorm:y
PROJECT r'JO. 63041
PROJECT PARCEL NO. 297
goooo
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of Tract 136, Golden Gate Estates
Unit No. 10, as recorded in Plat Book 4, Page 101 of' the Public Records
of Collier County, Florida.
EXHIBIT /~,
WEST P~OC~RTK L#tE
330 FEET
SOUTH PP~OC~A i Y LfflE f
E4ST PROPERTY LIqE
(('~OLDEN GATE 8LVD)
SCALE: linch - 100 fee~
{! ! 06'25,98 12:46 PM