Parcel 131TO:
FROM:
DATE:
RE:
INTEROFFICE MEMORANDU
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specia ist I
Real Properly Management Department///.'.
June 3,1999
Golden Gate Boulevard, Parcel 131
Project 69031 (Morton)
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 O~ce 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
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: 131
FOLIO: 36716200003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between WINSTON C. MORTON AND VELMA J.
MORTON, husband and wife, (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns
(hereinafter referred to as "Purchased');
WHEREAS, Purchaser requires a perpetual, non-exclusive easemenl for
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:
1. Owner shall convey the Property to Purchaser for the sum of $900.00, payable by
County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Properly 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. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Properly, 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, propedy 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 ninety (90) 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 sbch liens,
encumbrances or qualifications affecting Purchaser'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 padies, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
Easement Agreement
Page 2
o
o
o
10.
11.
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, Florida.
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, storedl treated or transferred
on the Properly 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 Properly, b) any existing or threatened environmental lien against the Properly
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.
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 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
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 securing and recording a Subordination, Consent & Joinder of Easement
of the modgage(s) recorded against the Property from the mortgagee(s).
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 assi9nees,
whenever the context so requires or admits.
If the Owner holds the Properly 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, F;orida
Statutes. under oath, of the name and address of every person having a beneficial
interest in the Property before the Properly 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.)
This Agreement is governed and construed in accordance With the laws of the
State of Florida.
Easement Agreement i!:t Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ? day of Ih 19-¢f
Date Property acquisition approved by BCC: April 28, 1998.
AS TO PURCHASER:
i. ATTEST:
- DWIGHT E. BROCK, Clerk
.--' -,/ , Deputy/Clerk
Attest as to Chairman's
$~gnature only,
AS TO OWNER:
DATED:
Witness ~ig~atur~)
Name:
(Print or Type)
Witness (Signature,)
Names
(Print or Type)
Witness (Signat~ure)
Name:
(Print or ~__.~e)
Witness~ignatu~q)
(Print or Type)
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pa~rnela S'7-M~"c~K~ CHairWoman
Winston C, Morton
3350 1st Avenue N.W.
Naples, FL 34120
Velma J. Mort'jbn, ~
3350 1st Avenue N.W.
Naples, FL 34120
PROJECT NO. 63041
PROJECT PARCEL NO. 131
LEGA CRIPTION &_S_I E'f'C H
(NOTA SURVEY)
The North 15 feet of the South 65 feet of the East 150 feet of Tract 104,
Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of
the Public Records of Collier County, Florida.
IJClt fll PROPE~T~ LI~E
WE S r PROPERTY LIt(E
Exes lltlG PJYI LIthE
$50 FEEr
(GOLDEtl O^fE 8LVO.)
PROPERTY LltlE
__ 15 FOOT DI"LAIt,,I^GE, t, rflLIT '¢
..... -t- ....... } ...... ~- ....... iT' ...... ;¢ .......
/
/ [EXJSf~.O 50 Fl', R/W EASEMENTj
T
TO:
FROM:
INTEROFFICE MEMORANDUM
MAUREEN KENYON
CLERK TO THE BOARD
JEAN JOURDAN, REAL PROPERTY SPECIALIST I!
REAL PROPERTY MANAGEMENT DEPARTMENT,?',
SUBJECT:
AGENDA ITEM: 16(B)
APRIL 28, 1998
RESOLUTION 98-107
DATE: JULY 16, 1999
Attached is the following original document for your safe-keeping:
One (1) Easement Conveyance for the four laning of Golden Gate Boulevard
between State Road 951 and Wilson Boulevard Project.
Official Record Book 2562 Page 2513-2515
attachment
PROJECT: 63041 (G. G. Blvd.)
PARCEL: 131
FOLIO: 36716200003
2496327 OR: 2562 ?G: 2513
EASEMENT
THIS EASEMENT, made and entered into this ~.l ~f'day of l'] 1R~f .
19~., by WINSTON C. MORTON, and VELMA J. MORTON, husband and wife,
whose mailing address is 3350 1st Avenue N.W., 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 drainage, utility and
maintenance purposes, on the following described lands located in Collier County,
Flodda, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations 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, 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.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
AS TO OWNER:
DATED: 4:~..k ~,-rl '~
FIRST WITNESS (Signature)
S,~_..COND WJ~'N, ESS (Signature,S_...)
(Print Name)
Winston C. Morton
3350 1st Avenue N.W.
Naples, FL 34120'
THIS CONVEYANCE ACCEPTEO BY THE
BOARD OF COUNTY COI4FtISSIONERS,
COLLIER COUNTY, FLORIDA,
~;'~UANT 'TO THE PROVISIONS
C; L[SOLUTION HO. >~' ' f"~: ''~
OR: 2562 PG: 2514
Page 2
~gnature)
(Print Name)
3350 1st Avenue N.W.
Naples, FL 34120
STATE OF
COUNTY OF
The foregoing Easement was acknowledged before me this ~ [ day of
~, 1999, by Winston C. Morton who is personally known to me or who has
produced as identification.
(Affix notadal seal)
(Sig~
STATE OF ~
COUNTY OF ~
The foregoing Easement was acknowledged before me this ~ day of
~, 1999, by Velma J. Morton who is personally_.known to me or who has
(Print Name of Notary)
Commission #
My Commission Expires:
produced as identification.
(Affix notadal seal)
(Print Name of Notary)
Commission #
My Commission Expires:
· PROJECT NO.
PROJECT PARCEL NO.
63041
131
,. *** OR'
L~'rc_u
(NOT A SURVEY)
2562 ?G: 2515
The Nodh 15 feet of the South 65 feet of the East 150 feet of Tract 104,
Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of
the Public Records of Colller County, Florida.
15~ FEET
WEST PROPERTY LINE
EAST PROPERTY LII'IE
N
__ 15 FOOT DP, AINAO~, UTILITY
AND MAINTEttANCE EASEMENT
SCALE: 1 inch