Parcel 340Memorandum
RECEIVED
To:
From:
Date:
Subject:
Sue Filson, Administrative Assistant
Board of County Commissioners
Ernie Kerskie .... ('-
Real Property Specialist II
Real Properly Management Department
September 9, 1999
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcel: 340 / Porzio
Attached you will find one (1) Easement Agreement for execution by
Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be
advised that Robert 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 99-291, 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 Ill, 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: 340
FOLIO: 37166840009
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between JOHN M. PORZIO, Individually and as
Trustee of the John M. Porzio Revocable Trust, created under agreement dated
June 18"', 1996, (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 road
right-of-way, drainage, sidewalk, utility and maintenance purposes (hereinafter referred
to as the "Easement") 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 Owner desires to convey the Easement (hereinafter referred to as
"Property") to the Purchaser for the stated purposes, on the terms and conditions set
fodh herein;
WHEREAS, the Owner desires to be compensated for the Property as well as any
improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the
conveyance of the Property and for Ihe improvements located thereon.
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 Property in exchange for the sum of
$8,000, broken down as follows:
Easement $1,600
Improvements $1,300
Severance Damages $5,100
Temporary Driveway Restoration Easement Non~
TOTAL: $8,000
Owner accepts the above compensation as full payment for the
Property, 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 Property 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 'Jnilateral dght to extend
the term of this Agreement, pending receipt of all properly executed instruments
affecting Purchaser's enjoyment of the Property. At closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the Property to Purchaser in an
instrument acceptable to Purchaser.
Easement Agreement Page 2
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 shall be provided to Purchaser on or before the date of closing.
5. 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.
6. Owner represents that the Properly 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 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
Properties, 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.
7. 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 asseded
against the Purchaser by reason or arising out of the breach of Owner's representation
under Section 6. This provision shall survive closing and is not deemed satisfied by
conveyance of title.
8. 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
modgage(s) recorded against the Easement from the mortgagee(s).
9. This Agreement and the terms and provisions hereof shall be effective
as of the date this Agreement is executed by both padies 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.
10. 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 is conveyed to
Purchaser, its s~ccessors and assigns. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Flodda
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Flodda Statutes.)
11. Conveyance of the Property, or any interest in the Property, by Owner
is contingent upon no other provisions, conditions, or premi[es 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.
Easement Agreement Page 3,
12. This Agreement is governed and construed in accordance with the
laws of the State of Florida.
IN WITNESS V~EREOF, the parties hereto have executed this Agreement on
this /~?¢f. day of ~ ,~.z1~.~ , 19,~? .
Date Property acquisition approved by BCC: ~ q ~ o 10"7
AS TO PURCHASER:
DATED: .~¢;'~/.?./~F~
·
.... ":D~VIG HT'E.' B R'~)CK, Clerk
,~'-z.Z¢~'' ~~ Ocpdt9 Clerk
Attest ',; .(o..Ch~ l~ln '1
s~nature~ ~1~.
AS TO OWNER:
BOARD OF~.~MISSlONERS
Pat"ffela S. Mac'S, Chai~oman
DATED: Z~. ?.? ~
Witness_~gnatur ~e)/~ ~
Name: t ~,"~ ~ /-~[V'.'"'/,'~' ~
(Print or Type)
Witr~ess (.~ignature)
Na me:-'~.._.~-~,~ ,~,~.¢,~-z.'//
(Print o~' Type)
JOHN .~PORZIO, Individ~lly and
as Trustee of the John M. Porzio
Revocable Trust, created under
agreement dated June 18th, 1996
Approved as to form and
legal sufficiency:
Rol~ert Z~ch~ry
Assistant County Attorney
Reviewed
O~te:.
and Approved
~ubl lc Mo,'ks
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112~"
(941) 774-8192
EXHIBFr
SKETCH OF DESCRIPTION
(NOT A SURVEY)
PROJECT NO. 63041
PROJECT PARCEL NO. 340
(lO~ R.O.W )
GOLDEN GATE BOULEVARD
t_ Ex,sT. 5c R,W, ~SEMENT--~
25 FOOT ROAD RIGHI
DRAIHAOE, SIDEWAL
& MAINTENANCE EAS
WEST 180 FEET
LESS THE WEST 30 FEE3
TRACT 68
OF WAY
. UTILITY.
iMENT
88
~-- E.AST PROPERTY
TRACT
.m-~- EXISTING RIGHT OF WAY LINE
33~
L ,~:~JTH P~C~RTY LINE
0 5~ ICaO
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180
FEET OF TRACT 88. LESS THE WEST 30 FEET THEREOF, GOLDEN
GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4,
PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA