Parcel 136INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
Sue Filson, Administrative Assistant
Board of County Commissioners
Real Property Specialist II~Z.~,
Jean Jourdan, Management Departm~.~
Real Property
August 6, 1998
RE:
Golden Gate Boulevard, Parcel 136
Project 69031 (Derma)
According to Resolution 98-107, Agenda Item 16.B.1, dated April 28, 1998, the
Board of County Commissioners approved the purchase of land interests for the
Golden Gate Boulevard Roadway Improvement Project.
The attached Purchase Agreement has been executed by the property owner of
the subject parcel of land.
These documents have been reviewed by County Attorney staff.
Please complete the document(s) as necessary and return them to my
attention,
If you have any questions regarding this matter, please contact me at 774-8991.
Thank You.
Attachment:
PROJECT: 63041 (G. G. Blvd.)
PARCEL: 136
FOLIO: 36717400006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between KENNETH E. DERMA, a single man,
(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 over,
under, upon and across the lands described in Exhibit "A", which is attached hereto and
made a part of this Agreement, (hereinafter referred to as the "Properly") described as
follows, to wit;
See attached Exhibit "A" which is incorporated herein by reference.
WHEREAS, the Owner desires to convey the Easement to the Purchaser for the
stated purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Easement over, under, upon, and across the Property.
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 padies as
follows:
1. Owner shall grant Purchaser an Easement over, under, upon, and across the
Property in exchange for the sum of $1,700.00 (One Thousand and Seven Hundred
Dollars) as full payment for the Property interests taken and for removal or destruction
of landscaping, trees, shrubs, improvements, and fixtures, and for any damages
resulting to the remainder, if less than the entire property was taken, and for all other
damages in connection with said Property.
2. Purchaser shall pay Owner for the Easement by County Warrant.
3. Both Owner and Purchaser agree that closing shall occur within sixty (60) days
of the execution of the Agreement by Purchaser. However, Owner agrees that closing
may be extended until such time as any and all liens, encumbrances, exceptions, or
qualifications in and to the Property are properly executed and delivered to the
Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner
shall deliver an Easement to Purchaser in a form acceptable to Purchaser.
T,I$~CONY£TANCETACCEPT£~i~-?~E~
BOARD OF COUI/TYC~I#ISSIOI/£RS,
COLLZER COUh'I'Y, FLORIDA,
PURSUANT TO ~E P~VZSZONS
OF RESOLUTION NO. ~ -/~2
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 Properly, 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 Properly. Such instruments shall be
provided to Purchaser on or before the date of closing.
5. Conveyance of the Easement, or any interest in the Property, by the 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.
6. 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.
7. 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 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 Property. This provision shall survive closing
and is not deemed satisfied by conveyance of title.
8. Owner hereby agrees that it 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 7. This provision shall survive closing and is not
deemed satisfied by conveyance of title.
9. The Purchaser shall pay for all costs of recording the Easement. 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 obtaining and recording of a Subordination, Consent & Joinder of
Easement of the mortgage(s) recorded against the Properly from the mortgagee(s).
10. If the Owner holds the Property in the form of a padnership, 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 Properly 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.)
11. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Easement
_, 19~__~__~.
Agreement on this ~ day of _
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
ATTEST:
.DWIGHT E.' BROCK, Clerk
/
'Atte~'t as to Cha!~n'$
· s.lgnature oni$.',
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BarbaX'ra B. Berry
Witness (Signature)
Name: /~rr/¢,' ~ /~.~
Witness (Signature)
(Print or Type)
KerYneth E. Derma, a single man
9948 Treasure Cay Lane
Bonita Springs, FL 34135
PROJECT NO. 63041
PROJECT PARCEL NO. 136
(NOT A SURVEY')
The Nodh 15 feet of the South 65 feet, together with the North 10 feet of
the South 75 feet of the East 20 feet, of Tract 121, Golden Gate Estates
Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of
Collier County, Florida.
WEST PROPERTY LINE
EXISTING PdW LINE
NORTH PROPERTY LINE
330 FEET
EAST PROPERTY LINE
PROPOSED DRAINAGE, UTILITY
AND MA~NTENANCEEASEMENTS '-~
SOUTH PROPERTY LINE ~
N
GOLDEN GATE BLVD.
10 FT.
SCALE: 1 inch = 100 leer
07511.~10.59A~
I .... t I II II III I I1~ ...... II
INTEROFFICE MEMORANDUM
TO:
M,'\ t,iREEN KENY(')N
CLERK TC)THE BC)ARD
FROM:
JEAN J()URI')AN, REAL I'ROI'ER'FY SI'E(]IAI.IST Il
REAl. PROI~EICI'Y MANAGEMENT DEI~AR'I'MF.N'I'
S U Bj ECT:
,,\GFNDA ITEM: 16 (B)(I)
APRIl. 28, 1998
RI:.SOLUTI()N 98-107
DATF.: NC)VEMBER 16, 1998
Attached is the following original document for your safe-keeping:
One (1) Easement Conveyance for the four laning of Golden Gate Bt)ulevard
between State Road 951 and \Vilson Boulevard Project.
Official Record Book 2479 Page 2920-2922
Attached: One Easement Conveyance
PROJECT: 63041 (G.G. BIvd.)
PARCEL: 136
FOLIO: 36717400006
EASEMENT
2394573 OR: 2479 PG: 2920
~C0~,~.~D ~,~ 0,~?,'C~,~', ~'~2.~ ,:f ;':L'.:,:~ ~.,:',~."i.
THIS EASEMENT, made and entered into this :' day of '- .,'
19...", by KENNETH E. DERMA, a single man, whose mailing'address is 9948
Treasure Cay Lane, Bonita Springs, FL., 34135, as Grantor to COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3301 Tamiami
Trail East, Naples, Florida 34112, its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WITNESSETH:
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 easement, 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 facilities thereon. Grantor and Grantee
are used for singular or plural, as the context requires. The easemem 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)
.,~','",- ,- ,;. ,' ,~
Kenneth E. Derma, a single man
(Print~Id Name).
.... (~s~u~re}r~
_..t .,,
(Printed Name)
9948 Treasure Cay Lane
Bonita Springs, FL 34135
T~IS CONVEYANCE ACCEPTED BT Ti{E]
BOARD OF CO~J1KT~.(X]4~ISSIOI~i~,. , , ~
Page 2
OR: 2479 PG' ]921
STATE OF
COUNTY OF4~¢
f,~ The foregoing Easement was acknowledged before me this ~'~.,~'~ day of
~. 1998. by Kenneth E. Derma, a single man who is personally known to me or
whd'~as produced as identific~iion.
(affix notarial seal)
(Signature of' Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
PROJECT NO. 63041
PROJECT PARCEL NO. 136
OR' 2479 PG' 2922
LEGAL DESCRIPTION & SKETC_U
(NOT A SURVEY),
The North 15 feet of the South 65 feet, together with the North 10 feet of
the South 75 feet of the East 20 feet, of Tract 121, Golden Gate Estates
Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of
Collier County, Florida.
WEST PROPERTY tINE
EXISTING R&¥ LINE
NORI~ PROPERTY LiNE
PROPOSED DRAINAGE, UTILITY
AND MAiNTENANCEEASEMENTS
T (EX ST ;,~ ~0 rf R,~,¥ EASEMENT)
15Fl IOFl
,OUTH PROPERTY LiNE
· EAST PROPERTY LINE
N
GO(DEN GATE BLVD
SCALE linch = 100feel
071',?,'g8 ~0 59 AM
C811~r Co~nt/Re~ Prooe,'Tf l,~ln,~'~e~'~-n! DeDart,~en!