Parcel 185 & 185T L.I. tV 2,:.:,,.
REAL PROPERTY MANAGEMENTItm,.iI ~ ,I,~.~ C,,.,,,' ..'~ '...
DEPARTMENT
TO: SUE FILSON
ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FROM: ROBERT TEXTER
REAL PROPERTY SPECIALIST I
Date: August 4, 1999
RE:
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
PARCEL: 185 / PRISER
Attached you will find (1) Easement Agreement for execution by Chairwoman Pamela S.
Mac'Kie concerning the above transaction. Please be advised that Robed Zachary,
Assistant County Attorney, has reviewed and approved the attached document.
The Board of County Commissioners of Collier County, Florida approved the acquisition by
gift, purchase or condemnation in Resolution 99-284, Item 8(B)(7), dated June 22, 1999.
Pursuant to the previous 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.
Ms. Hoffman will then call me at extension 8991 for document pick-up.
Thank you.
Attachment as stated
PROJECT: Golden Gate Boulevard
PARCEL: 185
FOLIO: 36910120002
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between WALTER PRISER and ELIZABETH M.
PRISER, Individually and as Trustees under the provisions of THE WALTER V. and
ELIZABETH M. PRISER JOINT REVOCABLE DECLARATION OF TRUST, as dated
January 19, 1994, (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, sidewalk, utility, and maintenance over, under, upon and across the lands
described 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
Driveway Restoration Easement over, under, upon and across the
reconstructing the driveway, described as follows, to wit:
Temporary
lands, for
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 (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 parties as
follows:
1. Owner shall grant Purchaser the Properties in exchange for the sum of
$ 6,100.00 broken down as follows:
Easement $ 400.00
Temporary Driveway Restoration Easement $ 100.00
Improvements (If any) $ 800.00
Severance Damages $ 4,800.00
TOTAL: $ 6,100.00
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 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 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 all properly executed instruments
affecting Purchaser's enjoyment of the Propedies.
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 property contiguous to or
in the vicinity ot~ 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 Propedies. 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.
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 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 benefit of and be
binding upon the padies 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, 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 accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ?.q:~day of ~ , 1999.
Date Property condemnation approved by BCC: 6/22/99 Resolution No.99-284
Date Property/Acquisition Approved by
BCC: 04/28/98 Resolution No. 98- 107
AS TO PURCHASER:
DATED:
..
.A-TTEST:'
' DWIGHT E.'BROCK, Clerk
' ~~ ~oputy Clerk
Att,st a~,.~'
BOARD OF COUNTY COMMISSIONERS
co..,..
PAM~'S. MACkit, Chalie~or~an'
AS TO OWNER:
DATE~: -~¢
(Print or Type)
Wit.
Na me:~¢_~~_
(Print or Type)
WALTER V. PRISER, Individually and as Trustee
under that certain Joint Revocable
Declaration of Trust, dated January 19,1994
2321 Golden Gate Boulevard W
Naples. FL 34120
Name:~-_ll/c,J~ ~ (~ .h/Ir/od'-
(Print or Type)
(Print ~r Type)
IZABETH M. PRISER, Individually and as Trustee
under that certain Joint Revocable
Declaration of Trust, dated January 19,1994
2321 Golden Gate Boulevard W
Naples, FL 34120
Approved as to form and
legal sufficiency:
...~ H~idl ~=. A/shton
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. 185
EXHIBIT
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the East One Half (1/2) of.Tract
2, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 7, as
recorded in Plat Book 4, Page 95 of the Public Records of Collier County,
Florida.
WEST PROPERTY LINE
15 FOOT DRAINAGE, UTILITY
AND MAINTENANCE EASEMENT
NORTH PROPERTY LINE
135 FT
I
i30FT
(GCX. DEN GATE SL'C"J ) .... F .......
SOUTH PROPERTY LINE T
30FTI
EAST PROPERTY LINE
· ' EXISTING ~ LINES
(EXISTING ,50 FT. mAN EASEMENI"I
SCALE: 1 inch ,, 100feel
~ Counly Re~l Pro~e~ )~na~ernenl Detriment 08Ylg/~, 3:10 PM
PROJECT: Golden Gate Boulevard
PARCEL: 185
FOLIO: 36910120002
2522724 OR: 2584 PG: 1612
ilCONDIO in OFHCIAL UCOID$ of CO~LII! COUI?T,
COBS ltO0.O0
Retn:
INTIR OUICI
EASEMENT
THIS EASEMENT. made and entered into this 34; day of ~--"" f '~L---~, 1999, by
WALTER PRISER and ELIZABETH M. PRISER, Individually and as Trustees under the provisions of
THE WALTER V. and ELIZABETH M. PRISER JOINT REVOCABLE DECLARATION OF TRUST,
as dated January 19, 1994, whose mailing address is 2321 Golden Gate Boulevard 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 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, sidewalk, 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 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, operating and maintaining drainage,
sidewalk, utility, and maintenance 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.
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTf COMMISSIONERS,
COLL![R COUNTY, FLORID/~,
FURSU/,tlT TO THE PR.SVISi3;IS
CmF USOLUT:0, r:o. _c_L_~.._/~-____
This pmper',~, has been acquired under
threat of condemnation and ~s exempt from
documentary stamp
OR: 2584 PG: 1613
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
WITNESSES-~?.
Name:~~m i
(Print or Type)
WALTER V. PRISER, Individually and as Trustee
under that certain Joint Revocable
Declaration of Trust, dated January 19,1994
Witn~
Name'~
(Print or Type)
2321 Golden Gate Boulevard W
Naples, FL 34120
Name: ~-1"~'~, ,~. It/( Z
(Print or Type)
Witne~
Name:~.~.- %
(Print or Type)
ELIZABETH M. PRISER, Individually and as Trustee
under that certain Joint Revocable
Declaration of Trust, dated January 19,1994
2321 Golden Gate Boulevard W
Naples, FL 34120
STATE OF ~ r'.__=_____
COUNTY OF [';' ' ~( £"
· The foregoing Easement was acknowledged before me this ~ day of
~'~ - 1999 by WALTER V. PRISER, Individually and Trustee under that
as
cedain Join~, Revocabl~,D(~c~laration of Trust. dated January 19. 1994, who is personally known to me
or who has produced ~?~}___L) L ~sjdentifl~~
(a~x notarial seal, ~~~
(Signature of Nota~ Public)
(Print Name of Notaw Public)
NOTARY PUBLIC
Serial/Commission ¢:~
My Commission Expires:
OR: 2584 PG: 1614
STATE OF \'
COUNTYOF~ ~ ~'''
The foregoing Easement was acknowledged before me this ~ day of
.~.;-~ ....~ , 1999 by ELIZABETH M. PRISER, Individually and as Trustee under that
certain Joint' Revocable Declaration of Trust, dated January 19, 1994, who is personally known to me
or who has produced ~ ~ tx3L . as identification.
who is personally known to me or who has produced
(affix notarial seal) / ~-
t~gna~ure o~ r~ola ry I"uDiiC~
, ' , ' ' ~ (Print Name of Notary Public)
. NOTARY PUBLiC/Commission #:(JLa. QYI.____
...... ..: My Commission Expires:
as identification.
Prepared by:
F, obort N. Zachary, Esquire
Oil;ce of the County Attorney
2.'-;~1 ,.a~t 7amiaml Trail
,~ ,,, .... Florida 34112
(941) '774
PROJECT NO. 63041
PROJECT PARCEL NO. 185 '
EXHIBIT
*** OR: 2584 PG: 1615 ***
LEGAk_D_ES_CA [P_Z[O~L&..SJiELC B
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the East One Half (1/2) of Tract
2, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 7, as
recorded in Plat Book 4, Page 95 of the Public Records of Collier County,
Florida.
WEST PROPERTY LIr,IE
15 ¢OOr DRAINAGE, UTILITY
PROPERTY
135 FT
t
I~OFT
AND MAINTENANCE EASEMENT --'1 '
I
(G3LDEN GATE BLVD ) j
SOUTH PROPE~ FY LI~E
30FTI
EASTPROPERTYLINE
\
(EX~STING ~0 FT RAN EASEMENT)
SCALE. 1 ,nch= IOOfeel
Co(her County Real P~:per%, M..]c, agemen~ Oepa,~ment 0&,'19,98 335 PM i: ~.~:
PROJECT:
PARCEL:
FOLIO:
Golden Gate Boulevard
185T
36910120OO2
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
The East 30 feet of the West 50 feet of the North 15 feet of the South 80 feet of the
East One-Half (1/2) of Tract 2, LESS the East 30 feet thereof, Golden Gate Estates,
Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County,
Florida.
PROJECT: Golden Gate Boulevard
PARCEL: 185T
FOLIO: 36910120002
2522725 OR: 2584 PG: 1616
01/23/t~ at 03:31~K
COPIIS i,O0
letn:
lit
INTIR O~HC!
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THIS EASEMENT granted thisT_~M, pda of~
Y . , 1999 by
WALTER PRISER and ELIZABE RISER Trustees under the provisions
of THE WALTER V. and ELIZABETH M. PRISER JOINT REVOCABLE DECLARATION OF
TRUST, as dated January 19, 1994, as Grantor, to COLLIER COUNTY, a political subdivision of the
State of Florida, 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 or assigns.)
WtTNESSETH 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 to enter upon the lands described as follows (the "Easement Area"):
See attached Exhibit "A", which is
incorporated herein by reference.
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 purpose(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
THIS 60~VEYANCE ACCEPTED BY TIlE
~,:::?, CF COUNTY COMMISSIONERS,
CC ' 'F~ COUNTY, FLORID/~,,
FL ..';; T,) THE PROVISIONS _
CF ;: ';: ::::~
This property has been acquired under
threat of condemnation and is exempt from
documentmy stamp tax
OR: 2584 PG: 1617
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year
first above written.
~[T_~ F_cSS E S~--.. ,
Witness (Signature) .
(Print or Type)
Witn ess ~§idg na'ture~' '
Name:~
(Print or Type)
WALTER V, PRISER, Individually and as Trustee
under that cedain Joint Revocable
Declaration of Trust, dated January 19,1994
2321 Golden Gate Boulevard W
Naples, FL 34120
Witness~Si~nature)
Name:~t
(Print or Type)
Witne~
Name:~
(Print or Type)
ELIZABETH M. PRISER, Individually and as Trustee
under that certain Joint Revocable
Declaration of Trust, dated January 19,1994
2321 Golden Gate Boulevard W
Naples, FL 34120
STATE OF -[T'lOl'r~
COUNTY OF ~__
The foregoing Easement was acknowledged before me this ':~ L) day of
, 1999 WALTER V. PRISER, Individually and as Trustee under that
by
Declaration of Trust, d~ted Ja,~uary 19, 1994, who is personally known to me
or who has produced ~"~, I:>L.. -*"--':'~:~'~t~-~'~--'~ '"/
(affix notarial seal) /' ( .' ' . --
~i9'na!ure of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission
My Commission Expires:
OR: 2584 PG: 1618
STATE
COUNTY OF
The ~ foregoing Easement was acknowledged before me this .'754] day of
,.") t~)..',,, _'~_.~, 1999 by ELIZABETH M. PRISER, Individually and as Truste~ under that
certain Joint Revocable~DecJaration of Trust, dated January 19, 1994, who is personally known to me
or who has produced ~Z t ~. a~s identification.
(affix notarial seal)
~~;7:~;'~:-~'r ~ .... ] --~
."X'n'. A ~ ',' i:t ~:.[C' :--!,'A "L: ( 4. t', .~ ",. '~
c~,:~¢,~.-.:~ .. ~ c:'-. ~:,':: (Print Name of Notary Public)
MYC'(?.fMi:.'-I(;!,;:,:';,' 2. ' -,~ j
NOTARY PUBLlO/Oommission
My Oommission Expires:
Prepared by:/~___ ~ ~".
Robort N. ZaChary, fr. squtre
Office of tho County Attorney
33~31 East Tamiaml Trail
H;~ples, Florida 34112
(941) 774-8400
*** OR: 2584
PG: 1619
PROJECT:
PARCEL:
FOLIO:
Golden Gate Boulevard
185T
36910120002
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
The East 30 feet of the West 50 feet of the North 15 feet of the South 80 feet of the
East One-Half (1/2) of Tract 2, LESS the East 30 feet thereof, Golden Gate Estates,
Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County,
Florida.