Parcel 145PROJECT: Golden Gate Boulevard
PARCEL: 145
FOLIO: 36861800002
This prop3-"/ h~:- ...... * ."c?:!rcd under
threat cf coo,.;...:," ..'; -~.. ,s c;:;m, pt ;'rorrl
2532411 OR: 2592 PG: 2199
0~/l~/1~9~ at II:2~, ~,~ !. HOCK, CLItl
17~ fl:~C~.O015.00
3.00
lit 4991
EASEMENT
THIS EASEMENT, made and entered into this ~ day of ~~
19_~, by MOHAMMAD MAZAHERI whose mailing address is 24 North Lime St'-"~',
Lancaster, PA 17602 as Grantor to COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Flodda
34112, its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all lhe parties to
this instrument and their 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, 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 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 drainage, and utility 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:
(Signature)
(Printed Name)
D (Signature~-/
(Printed Name)
24 North Lime St.
Lancaster, PA 17L,02
THIS CONVEYANCE ACCEPTED BY THE
BOARD 0F COUNTY COMMISSIONERS,
C01L]EP '~OUNT¥, FLOr!mA,
PURSUANl TO THE PROVISIONS
OF EESOLUTION NO. ~ ~
OR: 2592 PG: 2200
Page 2
STATE OF~m,
COUNTY
The foregoing Easement was acknowledged before me this ~ day of
~, 1999, by Mohammad. Mazahefi, who is personally known to me or who has
produced ~A ~-~.'~, L~c ~-~sc as identification.
(affix notarial seal)
(Print Name of Notary Public)
NOTARY PUBLIC
Prepared by:.
Rc23ort N. Zachary, Esquire
Office of the County Attorney,
33,01 East Tamlaml Trail
Naples, Florida 34112
(941) 774.-8400
Serial/Commission
My Commission Ex
PROJECT NO.
PROJECT PARCEL NO.
6304
1
*** OR: 2592 PG' 2201
(NOT A SURVEY)
The North 15 feet of the South 65 feet of Tract 32, Golden Gate Estates
Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of
Collier Counly, Florida.
EXlSi'ffiG P.,/W tlt~E
PROPERTY Lih~E
330 FEET
-- 15 FOOT DRAINAGE. UTILITY AND
MAINTENANCE EASEMENT
(EXISTING ~ rT. R/W EASEMENT)
SOUTtl PROPERTY LINE
EAST PROPERTY LINE
GOLDEN GATE BLVO.
SCALE: i inch · I00 leel
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Properly Specialist II
Real Property Management Departmen~C'"y~
August 27, 1999
RE:
Golden Gate Boulevard, Parcel 145
Project 63041 (MAZAHERI)
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 774o8991
Thank You. '
Attachment:
PROJECT: Golden Gate Boulevard
PARCEL NO: 145
FOLIO: 36861800002
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between MOHAMMAD MAZAHERI, (hereinafter referred
to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida,
its successors and assigns (hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires a perpetual, non-exclusive easement 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
Propedy;
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 $1800.00, payable
by County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property 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. Purchaser may install
drop curbing (for a driveway entrance only), when appropriate, at a location that is
mutually acceptable to the parties. Howover, 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. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, 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, properly 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 dght to
extend the term of this Agreement pending receipt of all propedy executed
instruments 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. 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.
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and l.ocal 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
Easement Agreement Page 2
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 Property, b) any existing or threatened environmental lien against the Property
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.
6. 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 adsing out of the
breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. 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 mortgage(s) reccrded against the Properb,/from the mortgagee(s).
8. 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.
9. If the Owner holds the Property 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 Property before the Property 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.)
10. 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 parties, and there are no other pdor or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this~?X:¢-, day of ~ ,19 ~' .
Date Property acquisition approved by BCC: ~
Date Property condemnation approved by BCC: 4127199 Res. No. 99-220
AS TO PURCHASER:
DATED:~~;z ~/~??
ATTEST::
DW GR~ ~. BROCK, Clerk
AS TO OWNER:
DATED:
Name: t,, it .,, ;"It/ ..'~('Jl,',':'
(Print ~r Type)
~itness (~ ig n"'~t~re)
Name:/")~//zZ
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Mohammad Mazahed
Approved as to form and
legal sufficiency:
eidi F. Ashfon
ssistant County Attorney
PROJECT NO.
PROJECT PARCEL NO.
63041
145
LEGAL DESQRIPTION_& SKETC_H
(NOT A SURVEY)
The North 15 feet of the South 65 feet of Tract 32, Golden Gate Estates
Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of
Collier County, Florida.
WEST, PR i:nW LInE
EXISTItlG PfC/LIh'E
NORTH PROPER~ LIHE
33O FEET
__ 15 FOOT DRAINAGE, UTILITY AND
MAINTENANCE EASEMENT
(EXISTING 50 FT. PVW EASEMENT)
PROPERTY LINE t
EAST PROPERTY LINE
GOLDEN GATE BLVD.
SCALE: 1 inch = lOOf~.el