Parcel 140TO'
FROM:
INTEROFFICE MEMORANDUML'S 0 319°.9
Sue Filson. Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specialist II ~ ./
/ /
Real Properly Management Depadment,/ / .)
DATE: August 2. 1999
RE:
Golden Gate Boulevard, Parcel 140
Project 63041 (Salazar)
Attached you will find one (1) Easement Agreement for execution by
Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be
advised that the document has been reviewed and approved by the County
Attorney's Office.
The Board of County Commissioner of Collier County, Florida approved the
acquisition by gift or purchase 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.
The Board of County Commissioners of Collier County, Florida approved
acquisition by gift, purchase or condemnation pursuant to Resolution 99-220.
dated April 27, 1999.
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.
If you have any questions regarding this matter, please contact me at 774-8991.
Thank You.
Attachment:
PROJECT: 63041 (G. G. Blvd.)
PARCEL: 140
FOLIO: 36810920001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between JORGE L. SALAZAR AND RITA M.
SALAZAR, 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 over, under, upon and across the lands described in
Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter
referred to as the "Property") described as follows, to wit;
See attached Exhibit "A" which is incorporated herein by reference.
WHEREAS, the Owner desires to convey the Easement to the Purchaser for the
stated purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Easement over, under, upon, and across 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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser an Easement over. under, upon, and across the
Property in exchange for the sum of $2,500.00 (Two Thousand and Five Hundred
Dollars) as full payment for the Property interests taken and for removal or destruction
of landscaping, trees, shrubs, improvements, and fixtures, and for any damages, fees
and costs resulting to the remainder, if less than the entire property was taken, and for
all other damages in connection with said Property. Purchaser may install drop curbing
(for a driveway entrance only), when appropriate, at a location that is mutually
acceptable to the parties. However, if the parties are unable to agree upon a mutually
acceptable location, then the Purchaser shall have the right to install said drop curbing
where Purchaser deems appropriate.
2. Purchaser shall pay Owner for the Easement by County Warrant.
3. Both Owner and Purchaser agree that closing shall occur within sixty (60) days
of the execution of the Agreement by Purchaser. However, Owner agrees that closing
may be extended until such time as any and all liens, encumbrances, exceptions, or
qualifications in and to the Property are properly executed and delivered to the
Purchaser. At closing, Purchaser shall deliver the County War,ant to Owner and Owner
shall deliver an Easement to Purchaser in a form acceptable to Purchaser.
Page 2
4. Prior to the closing, Owner shall obtain from tho holders of any and all liens,
encumbrances, (;xceptions, or qualifications in and to the Property, 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 Propedy. Such instruments shall be
provided to Purchaser on or before the date of closing.
5. Conveyance of the Easement, or any interest in the Property, by the 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, oromises, 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 Property and ali uses of the Property have been
and presently are in compliance with ali 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: that the Owner has no
knowledge of any spill or environmental law violation on any property contiguous to or
in the vicinity of the Properly to be sold to the Purchaser, that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the Property. 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.
8. Owner hereby agrees that it 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 reasonablf: paralegal and attornr~y 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.
9. The Purchaser shall pay for all costs of recording tt~e Easement. All other
costs associated with this transaction including but not limited to transfer, documentar'/
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 obtaining and recording of a Subordination, Consent & Joinder of
Easement of the mortgage(s) recorded against the Property from the mortgagee(s).
10. 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, Florida
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Properly before the Property held in such capacity is conveyed to
Purchaser, its successors and assigns. (If the corporation is registered with the Federal
Securities Exch;mg(; Comn'~ss~on or re.gisterod purauant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is i~ereby exempt from the
provisions of Chapter 286. Florida Statutes.)
11. Th~s Agref;ment ~s ~:]overned ;:~nd construed ~n accordar'ce with the laws of
the State of Flor~d¢~
Page 3
IN WITNESS WHEREOF, the padies hereto have executed this Easement
Agreement on this ~ ,~ day of ,
Dated Project/Acquisition Approved by r)r~'t'r.:[) ProJecL/C~)ndemnat ionApp~'oved by
BOO; '-"-,~-'72'- f"~-'¢ -'(¢"-~ -/.Y~' /'-~ ~ BCC:... _4_-._2_7_7_99 Res .. No. 99-220
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK. Clerk
/
/ , Del:~ty Clerk
Attest as to
Signature onl].
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIERC/X;)UNTY, FLORIDA,
i'A,"-I}';I,A ,%. ;4,'~(.'' K ' t';, CIIA I Rb/OMAN
DATED: ) '
Witness (Signature)
(~ri. nt or Type)
"¥,/itness ~(/~natu r~ )
Name: ¢'~, JF~AL L~ L*
(Print or Type)
Witness (Signature)
Name:
~ (Prir~t or Type)
~i~t (~~ture, I-
Name:
(Print or Type)
7575 SW. 38~* Street
Miami, FL 33155
Rita M. Salazar
7575 SW. 38"' Street
Miami, FL 3315.'7_
PROJECT NO. 63041
PROJECT PARCEL NO. 140
EXHIBIT
,.4
_L.__E_GAL DESCRIPTION & SKE_T_CH
(NOT A SURVEY)
The South 25 feet of the North 75 feet of Tract 16, LESS the East 30 feet
thereof, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4,
Page 91 of the Public Records of Collier County, Florida.
NORTH PROPERTY
J
25 ~OOT .%IDEWALK [)RAINAGE.
~tTILITY & MAINTENANCE EASEMENT
300 FEET
i30 FT
SOUTH PROPERTY LINE
GOLDEN G:TE 8LVD
\
N
F_qST pRO;FRTy LiNE
J0 FT'
SC&LE I men : 100 feet
PROJECT: 63041 (G. G. Blvd.)
PARCEL: 140
FOLIO: 36810920001
EASEMENT
2525480 OR: 2586 PG: 2338
llCORDIO tn O~ICI~t ilCOlO$ o! COrelli CO~ffl,
cox$ 2500.00
IBC ~1 15.01
D0¢-.70 17.50
COPZl$ 3.00
ReLn:
SIT Igg!
Il?Ii O~HC!
THIS EASEMENT, made and entered into this -. day of ..~,. '
19 ','_~, by JORGE L. SALAZAR and RITA M. SALAZAR, husband and wife, whose
mailing address is 7575 SW., 38TM Street, Miami, FL., 33155, 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 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 sidewalk, 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 NOT 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 sidewalk, 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.
/~'. / (Signature) ,
· (Printed Name) '
(S~ignatur~)
__,/_. ,..
(Printed Name)'
Jorge L. Salazar
7575 SW 38r" Street
Miami, FL 33155
TH~S CONVEYAh;,£ ACCEPTED BY THE
f,"i'9 OF COUNTY COHHISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE: PROYISIp.~S
OF RESOLUTION l~O, ~_'/,~ '
,/,j,,, ,.,,/,, ,/,.,,, ,~.~,
OR: 2586 PG: 2339
Page 2
WITN ESSE/~/,:'
(~Signature) .
(Printed ,Name)
(Signature')
(Printed Name)
Rita M. Salazar
7575 SW 38"' Street
Miami, FL 33155
STATE OF , , '.
COUNTY OF
produced
(affix notarial seal)
The foregoing Easement was acknowledged before me this -. day of
, 1999, by Jorge L. Salazar, who is.personally known to me or who has
as identification.
/
,t t,~ ' i;'"'"('~' '
(Signature of NotarY Public)
,~'/'~/, I ~{ ~ , >,,',, t .
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:.
My Commission Expires:
STATE OF i, , ,.,
COUNTY OF ~ ,. ,
The foregoing Easement was acknowledged before me this . ,' day of ~,
1999, by Rita M. Salazar. who isLp_ersonally known'to me or who has produced
as identification.
(affix notarial seal) __, L It ~C ~ . ~
(Signature of Notary Public)
: ~ ~.~' I~ ;~,~'~", ..... .
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:.
My Commission Expires:
OFF1CL, M. NOTARY S
CARR~ A BROOKS
NOTARY PUIR.IC STATI~ OF FLOR rD^
COM~t[SSION NO. CC714109
Id¥ ~o~ Mi~c, ION EXP. FEB, 5.2002
PROJECT NO. 63041
PROJECT PARCEL NO. 140
EXHIBIT
2586 PG: 2340 ***
(NOT A SURVEY)
The South 25 feet of the Nodh 75 feet of Tract 16, LESS the East 30 feet
thereof, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4,
Page 91 of the Public Records of Collier County, Florida.
.J
_WE$IPEO~ERI¥ LINE. ,
NORTH PROPERTY LINE
(EXISTING 50 FT. ~W EASEMENTI
25 FOOT SIDEWALK, DRAINAGE,
UTILITY & MAINTENANCE EASEMENT
300 FEET
SOUTH PROPERTY LINE T
GCC. DEN GATE BLVD
EXISTING RIW LINES
N
SCALE: 1 inch = 100fe~t
Count,/Real Pmpe~ Mar~geme~t Deperlment 0~24/98 3:32