Parcel 341'&
To:
From:
Date:
Subject:
MEMORANDUM
Sue Filson, Administrative Assistant
Board of County Commissioners
Ernie W. Kerskie '
Real Property Specialist
Real Property Management Department
October 1, 1999
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcel: 34'I
RECE/VED
OCT 0 1999
~'d of Co~t~ Coeaf$$1(mer$
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 N.
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 or purchase in Resolution 98-107, Item 16(b)(1), dated April 28, 1998.
Pursuant to 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
instrument which have been approved by the Office of the County Attorney.
The Board of County Commissioners of Collier County, Florida approved the acquisition
by gift, purchase or condemnation in Resolution 99-291, Item 8(b)(?}, dated June 22,
1999.
Once the Agreement has been executed, please forward same to Ellie Hoffman,
Records Technician 111, 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.
Attachments as stated
Real Property Management Department
PROJECT:
PARCEL:
FOLIO:
Golden Gate Boulevard (Project #63041)
341 / Benjamin
37116880006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between LEONARD BENJAMIN and ELIZABETH
BENJAMIN, husband and wife (hereinafter referred to as the "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Flodda, its successors and assigns
(hereinafter referred to as the "Purchaser");
WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for
drainage, utility and maintenance (hereinafter referred to as the "Easement") over,
under, upon and across the lands described in Exhibit "A", which is attached hereto and
made a pad 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
forth 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 the 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
$300.00, broken down as follows:
Easement $ 300.00
Improvements $ 00.00
TOTAL: $ 300.00
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 Properly to Purchaser.
2. Purchaser shall pay Owner by County Warrant.
3. This Agreement shall be null and void, and of r'o further force or effect,
unless closing shall occur within ninety (90) days from the date Purchaser executes thts
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 Properly. At closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the Property 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, 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 tha Board of
County Commissioners of Collier County, Florida.
6. 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 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 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.
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 coud, 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, Flodda. The cost of a title
commitment shall be paid by the Purchaser. 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 secudng and
recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the Easement from the modgagee(s).
9. 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.
10. If the Owner holds the Property in the form of a partnership, 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 successors 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, Florida Statutes.)
11. Conveyance of the Property, or any interest in 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.
12. This Agreement is governed and construed in accordance with the
laws of the State of Florida.
IN WITNESS WHEREOF, the padies hereto have executed this Agreement on
this ~ day of ~_~,~, 19.z~.~_.
Dated Project/Acquisition Approved by BCC: ~
Dated Project/Condemnation Approved by BCC: . ,
AS TO PURCHASER:
· ' DATE D:2~,~...~.~_
ATTEST: : .
DWIGHflE. BROCK, Clerk
Attest as to Ch~tra~a'$
signature
AS TO OWNER:
(Print or Type)
(Print or Type)
B OAR D ~L~0-~--~'M M IS SION E RS
COLLIEI~OU~NTY., FLORIDA o
BY:~
Leonard Benjamin
90 3rd Street NW
Naples, Flodda 34 117
N a mee~g~n~ u r~ ) ~.~52.~_~ ~
(Print or Type)
' d '
Name~
(Print or Type)
90 3rd Street NW
Naples, F~odda 34117
PROJECT NO. 63041
PROJECT PARCEL NO. 341
EXHIBIT
Page I of...g.~
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY')
The Nodh 15 feet of the South 65 feet of the West 105 feet of Tract 107,
LESS the West 30 feet thereof, Golden Gate Estates Unit No. 11, as
recorded in Plat Book 4, Page 103 of the Public Records of Collier
County, Florida.
WEST PROPERTY LINE
EXISTING R,~/LINE S
NO~TH PROF~RTY LINE
I~FT 30FTi
I
I
I
I
I
I__
',
',
75 FT
(GOLDEN GATE BLVD.) t
SOUTH PROPERTY LINE T
EAST PROPERTY LINE
N
15 FOOT DRAINAGE. UTILITY AND
MAINTENANCE EASEMENT
(EXISTING 50 FT. RAN EASEMENT]
SCALE: I Inch · 100feel