Loading...
Parcel 330MEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM: ERNIE W. KERSKIE, REAL PROPERTY SPECIALIST REAL PROPERTY MANAGEMENT DEPARTMENT DATE: JUNE 03, 1999 RE: GOLDEN GATE BOULEVARD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 63041 PARCEL: 330 1 RUIZ 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 Ellie Hoffman, Records Technician III, Minutes and Records Management, for attestation by the Clerk to the Board. document pick-up. Thank you. Attachment as stated Ms. Hoffman will then call me at extension 8991 for PROJE~T: Golden Gate Boulevard/63041 PARCEL: 330/Ruiz FOLIO: 37166680007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between RAUL RUIZ and YVONNE RUIZ, a/kla IMONNE RUIZ, Husband and Wife, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the Sb3te of Florida, its successors and assigns (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for drainage, sidewalk, 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 pad of the Agreement, described as follows, to wff; Sr.E 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 lo convey t~. e Easement and the TDRE (hereinafter collectively referred to as 'Properties') to the Purchaser for the state~rpurposes, on the farms 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 i'or 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 padies as follows: 1. Owner shall grant Purchaser the Properties in exchange for the sum of $7,500., broken down as follows: Easement Temporary Driveway Resloration Easement Improvements (If any) TOTAL: $1,300.00 $ 100.00 $6.100.0_~ $7,500.00 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 ~he 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 oi' 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 ol' this Agreement, pending receipt of all properly executed instruments affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver the County Wan'ant to Owner and Owner shall deliver the Properties to PurChaser in an instrumenl 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, Flodda, clear any and all encumbrances from the Easement. Such Instruments, including the TDRE, 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 Coun*y Commissioners of Collier County, Flodda. 6. Owner represents that the Propedies and all uses of the Properties have been and presently are in compliance wilh 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 vldnity 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 lille. 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 bankruplcy or administrative proceedings or on appeal), penalties or fines incurred by or asseded againsl the Purchaser by reason or adsing 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. Tile Purchaser shall pay for all costs of recording the conveyance instruments in the Public Records of Collier County, Flodda. 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 lhe 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 Properties in the form of a partnership, limited partnership, corporation, lrust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Flodda Statutes, under oath, of the name and address of every person having a beneficial interest in lhe 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 Statules, whose stock is for sale Io the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. Conveyance of the Propedies, or any interest in lhe 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 conslilule the entire Agreement and understanding of the parties, and there are no other pdor or conlemporaneous wrilten 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 Flodda. IN, WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~/(day of Dated Project/Acquisition Approved by BCC: ~28198 16(Bit AS TQ PURCHASER: .: v~,- AS TO OWNER: Name ( 3. (Pdnt~r~ypeL Wi~es&(Signature} (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER C¢;~NTY, FLORIDA ~ Pamela S. Mac'Kie, Chair~or~an - Name ~~' (Print or Type) ~UIZ Approved as to form and legal sufficiency: Assistant County Attorney OF E OF CAPITAL CROJECTS 3301 EAST TAMIAMI TRAIL NAP, LES, FLORIDA 34112 (941) 774-8192 EXHIBIT. SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO 63041 PROJECT PARCEL NO. 330 OOLDEN OATE BOULEVARD 33~ L EXIST. 50' R~W i ........ ASEMENT~--~ WEST I~0 FEET TRACT M 25 FOOT DRAI[4AGE, SIDEWALK, UTILI~', & MA/I'JT ENA?tC E EASEMENT TRACT 86 ?ESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET OF TRACT ~6, OOLOEN OATE ESTATES UNIT NO. 12, AS RECORDEO ~ PLAT 8OO~, 4. PAaE mS, OF THE PUSUC RECORDS OF COLUER COUNTY, FLORIDA. .~.{'--'- EXISTING RtGHT OF WAY LINE 0 ~0 ~0 ~0 Project: Golden Gate Bouleva~'d/63041 Parcel: 330 EXHIBIT 'B' THE WEST 30 FEET OF THE EAST 83 FEET OF THE SOUTH 30 FEET OF THE NORTH ~O5 FEET OF THE WEST 180 FEET OF TRACT 88, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ?