Parcel 310MEMORANDUM
RECEIVED
$£P 2 2 1999
tlo~rd of (.ount.i, Co~afssfoeet.$
To:
From:
Date:
Sue Filson, Administrative Assistant
Board of County Commissioners
Ernie Kerskie ~.'
Real Property Specialist II
Real Properly Management Depadment
September 22, 1999
Subject:
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcels: 306 / Gonzalez,~& 277 / Salcedo
Attached you will find three (3) Easement Agreemenls for execution by
Chairwoman Pamela S. Mac'Kie coJ3cerning the above transaction. Please be
advised that Robed Zachary, Assistant County Attorney, has reviewed and
approved the attached documents.
The Board of County Commissioners of Collier County, Florida approved the
acquisition by gift, purchase or condemnation in Resolution 99-290, Item
8(B)(7), dated June 22, 1999 for Parcels 306 & 310 and in Resolution 99-289,
item 8(B)(7), dated June 22, 1999 for Parcel 277. 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 Agreements have 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 NO: 310
FOLIO: 37161360005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between FRANK M. HALLEY, SR., as Trustee of an
unrecorded Trust Agreement, and known as the "Frank M. Halley, Sr., Revocable
Trust No. 1, dated June 3, 1994", (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, sidewalk, 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 pad of this Agreement;
WHEREAS, Owner desires to convey the Properly to P,Jrchaser 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 $1,000.00, 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. 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. 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, 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 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 Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
Easement Agreement Page 2
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 riot 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 conveyar~ce 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 arising 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, 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 of Easement
of the mortgage(s) recorded against the Property 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 represenlative capacity whatsoever for others.
Owner shall make a written public disclosure, according to Chapter 286, Flodda
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 prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
11. This Agreement is governed and construed in accordance with Ihe laws of the
State of Florida.
Easement Agreement Page 3
IN WITNESS WHEREOF, the padies hereto have executed this Agreement on
this ~,p__ day of ~f,~~, 19..z~__.
Date Property acquisition approved by BCC: ~ q~ -/0-/
~ q9 - 2qo
AS TO PURCHASER:
ATTEST:
DWIGHT E. BROCK, Clerk
rk
BOARD OF COUNTY COMMISSIONERS
COLLIER ~A
AS TO OWNER:
Witness (Signature)
(Print or Type)
Witness (Signature)
(Print or Type)
as Trustee of an unrecorded Trust
Agreement, and known as the "Frank
M. Halley, Sr., Revocable Trust No. 1,
Dated June 3, 1994"
Approved as to form and
legal sufficiency:
Assistant County Attorney
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34i'12
(941) 774-8192
EXHIBIT ~
P"~,_L__ of___k_
SKETCH OF DESCRIPTION
(NOT A SURVEY)
PROJECT NO. 63041
PROJECT PARCELNO. 310
(10(7 R O W)
GOLDEN GATE BOULEVARD
]~'~-- EXIST. 50' R~W I
ASEMENT--
25 FOOT DRAIflAGE.
SIDEWALK. UTILITY ....
& MAINTENANCE
EASEMENT
TRACT
18
EAST 1S0 FEET
TRACT
EXISTING RIGHT OF WAY LINE
DESCRIPTION:
TIlE SOUTtt 25 FEET OF TIfE HORTH 75 FEET OF TIlE EAST 150
FEET OF TRACT 18. GOLDEN GATE ESTATES UNIT biO 12. AS
RECORDED ltl PLAT BOOK 4, PAGE 105. OF THE PUBLIC
RECORDS Of COLLIER COUf,~TY, FLORIDA.
1'., 100' I JULY 20, 1998
GGB310
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