Parcel 110 BINTEROFFICE MEMORANDUM
TO:
MAUREEN KENYON
CLERK TO THE BOARD
FROM:
JEAN JOURDAN, REAL PROPERTY SPECIALIST II
REAL PROPERTY MANAGE/vlENT DEPARTMENT
SUBJECT:
AGENDA ITEM: 16 (B)(1)
APRIL 28, 1998
RESOLUTION 98-107
DATE: JUNE 17, 1999
Attached is the following original document for )'our safe-keeping:
Easement Convc)'ance for the four laning r)f Golden Gate Boulevard
between State Road 951 and Wilson Bot, levard Project.
OFFICIAL RECORD BOOK 2552
PAGE 3485-3487
Attachment as stated
PROJECT: 63041
PARCEL: 110B
FOLIO: 36761740000
EASEMENT
2484531 OR: 2552 PG: 3455
THIS EASEMENT, made and entered into this ~!~" day of
1999, by JOHN A. MARZUCCO AND LINDA R. MARZUCCO, husband and wife,
whose mailing address is 3770 Golden Gate Boulevard, 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 afl the padies 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 reservation.,; of record.
THIS IS HOMESTEAD PROPERTY
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, operatimj
and maintaining drainage and utility facilities thereon. Grantor and Grantee are used
for singular or plural, as the context requires. The easement granted herein shat!
constitute easements running with the land and shall burden the lands describec
above.
IN WITNESS WHEREOF. the Grantor has caused these presents to be executed thc
date and year first above written.
STATE OF ~-iLO,(i(,
COUNTY OF i ]¢;i't~ i¢.~'
AS TO OWNER:
I ness (Signa ute)
Name: ~a-t
(Pti t or T pe)
~tness (Signature)
Name:
(Print or Type)
John~A. Marzucco '- , '~/
3770 Golden Gate Boulevard
Naples, FI 34120
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COHHISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PI~QVISI_QNS 'r
OF RESOLUTION NO.
V'~2t¢' ~q /~. /;' /
OR: 2552 PG: 34 6
Page 2
Name: i
/", f/ (Print ef Typ~e) ^ ,., ..._
"' "U
Witness(Signature) ~"
Name:
(Print or Type)
STATE OF ~r C~Fi~l.
COUNTYOF f ~11~'¢
Lin'da R. Marzucco
3770 Golden Gate Boulevard
Naples, FL 34120
~ T, he foregoing Easement was acknowledged before me this "' ~ day of
~, 1999, by John. A. Marzucco who is personally known to me or who has
~~ as identification. .
(Signature of Nof~]ry Publif;)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: ~._~.
My Commission Expires:
STATE OF ~( ~ i,(i,(.l.
COUNTY OF f it!~vv
The foregoing Easement was acknowledged before me this 'i it day of .J _
1999, by Linda R. Marzucco who is.p. er_s?_na, lly_known_to rr~e ~r who has p/'oduce¢
as identification.
(affix notarial seal)
(Signature of-Notary Pu6,1ic)
(Print Name of Notary Pu_51ic)
NOTARY PUBLIC
Serial/Commission #:~l
My Commission Expires:
PROJECT NO. 63041
PROJECT PARCEL NO. 110 B
L E_GA L_DJ~ ~¢J].l P T I QN_ZLS_K EZ~[-I
(NOT A SURVEY)
The South 15 feet of the North 65 feet of the East One Half (1/2) of Trar
33, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page
of the Public Records of Collier County, Florida.
N
:65 FEET
SOUfH PROPEPTY LI!,IE ~-
SCALE llntJ~ = 100[ee4
INTEROFFICE MEMORANDUM
FROM:
DATE:
RE:
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specialist II .~
Real Property Management Depadment/~,
May 4,1999
Golden Gate Boulevard, Parcel 110 B
Project 69031 (Marzucco)
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: 63041
PARCEL: 110B
FOLIO: 367617400000
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between JOHN A MARZUCCO AND LINDA R.
MARZUCCO, 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 over, under, upon and across the lands
described in Exhibit "A", which is attached hereto and made a pad o~' the Agreement,
described as follows, to wit;
SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference;
WHEREAS, the Purchaser requires a perpetual, non-exclusive Temporary
Driveway Restoration Easement over, under, upon and across the lands, for
reconstructing the driveway, 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 Temporary
Driveway Restoration Easement to the Purchaser for the stated purposes, on the terms
and conditions set forth herein;
WHEREAS, the Owner desires to be compensated for the Easement a¢,d the
Temporary Driveway Restoration Easement, as well as any, improvements located
thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Easement and the Temporary Driveway Restoration Easement (hereinafter
collectively referred to as "Properties") and for the improvements, over, under, upon,
and across the Properties.
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 pames as
follows:
1. Owner shall grant Purchaser the Properties in exchange for tho sum
of $2,900.00 broken down as follows:
Easement $ 900.00
Temporary Driveway Restoration Easement $ 100.00
Improvements (If any) $ 1,900.00
TOTAL: $ 2,900.00
~ge 2
Owner accepts the above compensation as full payment for the
and for all landscaping, trees, shrubs, ~mprovements and fixtures located
ereon, and for any damages resulting to the remai,,der, if less than Owner's entire
was taken, and for all other damages in connection with the conveyance of
tid 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,
~less closing shall occur within sixty (60) days from the date Purchaser executes this
reement; provided; however, that Purchaser shall have the unilateral right to extend
~e term of this Agreement indefinitely, pending receipt of such instruments, properly
which either remove, release or subordinate any and all such liens,
or qualifications affecting Purchaser's enjoyment of the Properties.
At closing, Purchaser shall deliver the County Warrant to Owner and
shall deliver the Properties to Purchaser in an instrument acceptable to
urohaser.
4. Prior to the closing, Owner shall obtain from the holders of any and all
~ns. encumbrances, exceptions, or qualifications in and to the Easement, the
of such instruments that will, upon their recording in the Public Records of
County, Florida, clear any and all encumbrances from the Easement. Such
including the Temporary Driveway Restoration Easement, shall be
~vided to Purchaser on or before the date of closing.
5. Conveyance of the Properties, or any interest in the Properties, by
is contingent upon no other provisions, conditions, or premises other than those
stated above; and the written Agreement, including all exhibits attached hereto, shail
the entire Agreement and understanding of the parties, and there are no
her prior or contemporaneous written or oral agreements, undertakings, promises,
or covenants not contained herein.
6. Owner is aware and understands that the "offer" to purchase
by this Agreement is subject to acceptance and approval by the Board of
Commissioners of Collier County. Florida.
7. Owner represents that the Properties and all uses of the Properties
ire 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.
8. 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 7. This provision shall survive closing and is not deemed satisfied by
conveyance of title.
Page 3
9. 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
modgage(s) recorded against the Easement from the modgagee(s).
10. 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.
11. If the Owner holds the Propedies 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.)
12. This Agreement is governed and construed in accordancr., w~th the
laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agr~;ement on
this "-7~ day of , ',~ ..... , ___. 19~!'i.
Dated Project/Acquisition Approved by
BCC: 4-28-98
AS TO PURCHASER:
DATED: .~;.~:f. ? /
ATTEST:
DWIGHT E. BROCK, Clerk
- "':~1~' '~ ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Page4
AS TO OWNER:
DATED: ¢/'7/~/¢
Witness (Signature)
Name: "T~,~,~%h~,- ~ ~
\ (print or Type)
Witness (Signature)
Name: .)r%5,~,. ,~
(Print or Type)
Joh~ A. Marzucc .o~_ ~ .
3770 Golden Gate Boulevard
Naples, FL 34120
W~tness (Signature)
Name: FY, 1 ,v.~,,, ~, ~. ,-~.,, ~,
. (Print or ~e) ~
Witness (Signature)
Name:.~E,,,,.~,, ~,:~,(,c
(Print or Type)
Linda p,. Marzucb. o ' ,
3770 Golden Gate Boulevard
Naples, FL 34120
Approved as to form and
legal sufficiency:
{ ,/, , ~
Heidi F. Ashton
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. 110 B
_LEGAL DESCRIPTION & SKETCJ-]
(NOT A SURVEY)
The South 15 feet of the Nodh 65 feet of the East One Half (1/2) of Tract
33, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79
of the Public Records of Collier County, Florida.
£XI'.STIIF.~ P;,'l L:HE - -
Project No.: 63041
Parcel No.: 110B
EXHIBIT "l~"
THE EAST 35 FEET OF THE WEST 57 FEET OF THE SOUTH 25 FEET
OF THE NORTH 90 FEET OF THE EAST ONE HALF (1/2) OF TRACT 33.
GOLDEN GATE ESTATES UNIT NO. 4, AS RECORDED IN PLAT BOOK
4, PAGE 79 OF THE PUBLIC RECORDS OF COLLIER CCijNTY
FLORIDA.