Parcel 107TO:
FROM:
DATE:
RE:
INTEROFFICE MEMORANDUMJL 0 ? 1399
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Properly Specialist II
Real Property Management Department.
July 7, 1999
Golden Gate Boulevard, Parcel 107
Project 69031 (Ambrose)
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: Golden Gate Boulevard
PARCEL: 107
FOLIO: 36711440004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between GAYEL L. AMBROSE, a single woman,
(hereinafter referred to as the "Owner"), and COLLIER COUNTY, a politica~ subdivision
of the State of Florida, its successors and assigns (hereinafter referrecl to as the
"Purchaser");
WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for
drainage, utility and maintenance over, under, upon and across the lands descdbgd in
Exhibit "A", which is attached hereto and made a part of 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 and 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 (h~reinafter
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 Dollam
($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 parties as
1. Owner shall grant Purchaser the Properties in exchange for the sum
of $1,800.00, broken down as follows:
Easement $ 1,000.00
Temporary Driveway Restoration Easement $ 100.00
Improvements (If any) $ 700.00
TOTAL:
,800.00
Page 2
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 the 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 of no further force or effect,
unless closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided; however, that Purchaser shall have the unilateral dght to ex-tend
the term of this Agreement indefinitely, pending receipt of such instruments, propedy
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting Purchaser's enjoyment of the Properties.
At closing, Purchaser shall deliver the County Warrant to Owner and
Owner shall deliver the Properties to Purchaser in an instrument 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. Florida, clear any and all encumbrances from the Easement. Such
instruments, including the Temporary Driveway Restoration Easement, shall be
provided to Purchaser on or before the date of closing.
5. Conveyance of the Properties, or any interest in the 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
constitute the entire Agreement and understanding of the parties, and there are no
other prior or contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein.
6. 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.
7. Owner represents that the Properties and all uses of the Properties
have 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 properly contiguous to or in the vicinity of the Properties to be sold to the
Purchaser, that the Owner has not received notice and othen,vise 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, 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 cf Eascment of the
mortgage(s) recorded against the Easement from the mortgagee(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 bene£A
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 Properties 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, Flodda
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Flodda Statutes.)
12. This Agreement is governed and construed in accordance with the
laws of the State of Flodda.
IN WITNESS WH,~EOF, the parties_h..ereto have executed this Agreement on
this /'// day of ~'.//z~z.( ,19 ~.
Dated ProjectJAcquisit!on Approved by
BCC:. y-,~ ~'-~f' ~'/~7
· ~.. f.,;,',j ,
.,o ASTO PURCHASER:
· 6 '
..~.."' DATE :(~.
~: /'
~ ... ATTEST:
D
· ~.'..,WIGHT E. a~OCK, Clerk
.,.E'j.z.)~ ',~ FFN~, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
BY:. [ .... '"'~"'"' '"" ' F '"'~'~"'~
PAMELA S. MAC'KIE, CHAIRWOMAN
Attest as
Page 4
AS TO OWNER:
DATED: ,_~-//- ~__.~
Name:WVitne's~¢_ ~ ~
Witnes~s (~gnature) !
Name:~O v'/
(Pdnt or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
3815 Golden Gate Blvd. West
Naples, FL 34120
PROJECT NO. 63041
PROJECT PARCEL NO. 107
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the East 180 feet of Tract 25,
Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of
the Public Records of Collier County, Florida.
180 FEET
W~ST PROPERTY LI~E
EXJSTING RAY ~
(GO~N GATE
SCALE: '1 inch = 100 feet
EAST PROPERTY LINE
SOUTH I~OPERTY LJNE T
EXHIBIT "B" 'i
The East 30 feet of the West 40 feet of the North 20 feet of th~ South
85 feet of the East 180 feet of Tract 25, Golden Gate Estates Unit
No. 3, as recorded in Plat Book 4, page 77 of the Public Records of
Collier County, Flodda. i
EXHIBIT "B"
The East 30 feet of the West 40 feet of the North 20 feet of the South
85 feet of the East 180 feet of Tract 25, Golden Gate Estates Unit
No. 3, as recorded in Plat Book 4, page 77 of the Public Records of
Collier County, Florida. ~
Memorandum
To:
From:
Date:
Subject:
MAUREEN KENYON, CLERK OF THE BOARD
JEAN JOURDAN, SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT DEPART'MENT
NOVEMBER 17,1999
AGENDA ITEMS: 8 (B) (4) & 8 (B) (5)
APRIL 27, 1999 & JUNE 22, 1999
ATTACIlED IS TIlE FOI,I,OWlNG ORIGINAl, DOCUMENT FOR YOUR SAFE-
KEEPING COMPRISING OF ONE (1) TEMPORARY DRIVEWAY RESTORATION
EASEMENT ACQUIRED FOR TIlE FOUR LANING OF GOLDEN GATE
BOULEVARD BETWEEN STATE ROAD 951 AND WII,SON BOULEVARD.
OFFICIAl, RECORD BOOK& PAGE NUMBER:
2577/1003-1004
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: 63041 (G. G. Blvd.)
PARCEL: 107
FOLIO: 367114400014
EASEMENT
2513573 OR: 2577 PG: 1000
II/I2/HH at 04:04~[ l[~ I. Bi~I,
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THI.S EASEMENT, made and entered into this ~ day of "~_.4' ,
19 ~._~, by GAYEL L. AMBROSE, A SINGLE WOMAN, whose m~5
Golden Gate Boulevard West, 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.)
WlTNESSETH:
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 reservations of record.
THIS IS HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the dght 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.
WITNESSES:
V, ('Sig nat.ure)
.,~ (Prated Name)
(Printed Name)
3815 Golden Gate Boulevard West
Naples, FL 34120
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COt4MISSIONERS,
COLLI£R COUNTY, FLORIDA,
PURSUANT TO THE PRQViSIONS
OF RESOLUTION NO. ~~
OR: 2577 PG: 1001
Page 2
STATE OF~~=~_
COUNTYOF ~ ~_.~z.~
The foregoing Easement was acknowledged before me this ~ day of
, 199~, by Gayel L. A_mbrose,,a single woman, ~
s produced~cas identification.
(affix notarial seal)
(Pr'mt N rrlea of Notary Public)
NOTARY PUBLIC
Serial/Commission #:. ~'
My Commission Expires:
I~CT NO. 63041
iJECT PARCEL NO. 107
*** OR: 2577 PG: 1002
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the East 180 feet of Tr3ct 25,
Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of
the Public Records of Collier County, Florida.
NORTH PROPERTY LINE
1~0 FEET
','/EST PROPERTY Lih~E
EXISTING ~'~ LINE
IG~DEN GATE BLVg )
EAST PROPERTY LINE
15 FOOT DRAINAGE. UTI
AND MAINTENANCE EASEMENT
(EXISTING 50 FT. ~ EASEMENT)
SOUTH PROPERTY LllqE j
SCALE 1 inch = 100 lee!
Colbe, County Real Propert/Management Depa~rnent $1/1&9~ 1,25 PM
· PROJECT: 63041 (Golden Gate Blvd.)
PARCEL: 107
FOLIO: 36711440001
2513574 OR: 2577 PG:
I~ta:
R&~ ~lO~ll~
TEMPORARY DRIVEWAY RESTORATION EASEMENT
TH)S EASEMENT granted this ~ day of ~ , 19~,, by
GAYEL~V~. AMBROSE, A SINGLE WOMAN, as ~..~ntor, lu6 COL~i'ER COUNTY,
political subdivision of the State of Florida, its successors and assign" ' s, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors or assigns.)
WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration paid by the Grantee, receipt of which is
hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a
Temporary Driveway Restoration Easement (Easement) to enter upon the lands
described as follows (the "Easement Area"):
THE EAST 30 FEET OF THE WEST 40 FEET OF THE NORTH 20 FEET OF THE
SOUTH 85 FEET OF THE EAST 180 FEET OF TRACT 25, GOLDEN GATE ESTATES
UNIT NO. 3, AS RECORDED IN PLAT BOOK 4, PAGE 77, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
The Easement Area, which is adjacent to the permanent easement conveyed by
the Grantor to the Grantee, shall be used by Grantee for the purpose of filling, grading
and placing concrete, asphalt or rock, on the Grantor's lands for the purposes(s) of
constructing, with materials of like kind, a driveway/turnout and/or to provide for
continuous transition between the existing driveway and the newly constructed road,
sidewalk, and drainage improvements on Golden Gate Boulevard. This Easement shall
expire upon completion of construction or August 31, 2004, whichever occurs first.
However, if construction is not completed by August 31, 2004, this Easement shall
automatically extend to August 31,2005. Grantee shall use its best efforts to restore the
existing landscaping, plantings and light fixtures within the Easement Area to its original
condition. Grantor and Grantee are used for singular or plural, as the context requires.
THIS IS HOMESTEAD PROPERTY
*** OR: 2577 PG:
Page 2
iN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed the day and year first above written.
WITNESSES:
(Signature) ..~"~ ,'
/', /
(Printed Name)
(Printed Name)
Gay~bM"'.. Ambrose, a single woman
/...,
3815 Golden Gate Boulevard West
Naples, FL 34120
STATE OF~,
COUNTY OF
The foregoing Temporary{, Driveway Restoration Easement was acknowledged
before me this,~_.~ day of ~¢~a., 1999, by Gayel)~.,Ambrose, a single woman, who
is. p.~nall known to bce ~who has pro'duc"&J as
~dent~ficabon. ' J
(affix notarial seal)
(P' t'~e 6r
NOTARY PUBLIC
Seria/Commiss on #.
My Commission Expires: