Parcel 277MEMORANDUM
RECEIVED
S£P 2 1999
8oard of Count]
To;
From:
Sue Filson, Administrative Assistant
Board of County Commissioners
Ernie Kerskie
Real Property Specialist II
Real Properly Management Department
Date:
September 22, 1999
Subject:
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcels: 306 / Gonzalez, 310 / Halley &2~l Salced~.~
Attached you will find three (3) Easement Agreements 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 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: 277
FOLIO: 37064480008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between FERNANDO M. SALCEDO A~D MARIA
MENDEZ SALCEDO, his wife as an estate by the entirety (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 Properly 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
Property;
NOW ': HEREFORE, in consideration of these premises, the sum of Ten Dollars
(S10.00), a,]d 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 $500.00, 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 fudher 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
on the Property except as specifically disclosed to the Purchaser; that the Owner
Easement Agreement Page 2
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 not received notice and otherwise has no knowledge of a) any spill on
the Properly. 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 Proparty. 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 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, 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 Property from the modgagee(s).
8. This Agreement and the terms and provisions hereof shall be effective as of lhe
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 padnership, limited padnership,
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 !s 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 agreemenls, 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 ~day of __.~,:.L.=,~~, 19~.~.
Date Property acquisition approved by BCC: ~
Date Property condemnation approved by BCC: . -
AS TO PURCHASER:
DATED: ~
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Attest ~$ to ~:h, lr'~u~'$
BOARD OF~MMISSIONERS
P~'fela S. Mac'~e, ChaTr~voman
AS TO OWNER:
DATED: //,
Name:~/
(Print or Type)
With"e~ (Sig.'l~ture) , .-
Name:~,,~
(Print or lype)
(~rint or lype)
Femando M. Salcef:lo
Approved as to form and
legal sufficiency:
Robe~Za c"'h a ry
Assistant County Attorney
PR(~JECT NO. 63041
PROJECT PARCEL NO. 277
(NO T A SURVEY)
The North 15 feet of the South 65 feet of the West 150 feet of Tract 70,
Golden Gate Estates Unit No. 10, as recorded ~n Plat Book 4, Page 101
of the Public Records Of Collier County, Florida.
WEST PROPERTY LINE
EXISTIt4G F~¢'t LIllE
[GOLDEN GATE BLVD.}
SO~JTH PROPER'Df LIN!
HO¢ITH PROPERTY
150 FEET
EAST PROPERTY LINE
15 FOOT DRAINAGE AND ~
UTLITY EASEMENT
(EXISTING ~ FT. ~,'"/EASEME/'IT)
SCALE: I in~ , lOOfeel
Cer~er CountT Real Pro~en'y M,~nlge~nt Department
06~5/9~, 1230 PM