Parcel 470RDUE PROJECT: 60145—Golden Gate Blvd.
PARCEL No(s): 470RDUE
FOLIO No(s): 40870480001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this f day of ge.ewibe,v , 2017, by and between
JUAN TINAJERO JUAREZ, a married man, whose mailing address is 4020 Golden Gate
Blvd. E, Naples, FL 34120, (hereinafter referred to as "Owner"), and COLLIER COUNTY,
a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail
East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter
referred to as"County").
WHEREAS, County requires a Perpetual Non-Exclusive Road Right-of-Way,
Drainage and Utility Easement (Exhibit A) 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"Easement"); and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
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. RECITALS - All of the above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. PURCHASE PRICE-Owner shall convey the Easement to County for the sum of:
$68,000.00
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). County
also agrees to pay the sum of$8,500 to Bella Y. Patel, PA for legal fees and all other
costs, including expert witness costs. Said aggregate payment of $76,500
(representing Owner's proceeds, attorney fees and all other costs, including expert
witness costs) shall be paid at closing by County Warrant or funds wire transfer to
"Bella Y. Patel. PA Trust Account", Attn: Bella Y. Patel, Esquire, 13026 Waterford
Run Drive, Riverview, Florida 33569, and shall be full compensation for the
Easement conveyed, including (if applicable) all landscaping, sod, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final settlement of
any damages resulting to Owner's remaining lands, costs to cure, including but not
limited to the cost to relocate the existing irrigation system and other improvements(if
any), and the cost to cut and cap irrigation lines (if any)extending into the Easement,
and to remove all sprinkler valves and related electrical wiring (if any), and all other
damages in connection with conveyance of said Easement to County, including all
attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida
Statutes. If for any reason the closing does not take place, the hereinabove
referenced sum of $8,500 shall be paid to Bella Y. Patel, PA as a separate
transaction representing full and final satisfaction of any and all attorney fees and
expert witness costs that could be asserted against Collier County pursuant to
Sections 73.091 and 73.092, Florida Statutes, with respect to acquisition of the
Easement upon further approval by the Board.
Page 2
3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of
any liens, exceptions and/or qualifications encumbering the Easement,the execution of
such instruments which will remove, release or subordinate such encumbrances from
the Easement upon their recording in the public records of Collier County, Florida.
Prior to Closing and as soon after the execution of this Agreement as is possible,
Owner shall provide County with a copy of any existing title insurance policy and the
following documents and instruments properly executed, witnessed, and notarized
where required, in a form acceptable to County (hereinafter referred to as "Closing
Documents"):
(a) Road Right-of-Way, Drainage and Utility Easement;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d)Grantor's Non-Foreign,Taxpayer Identification and"Gap"Affidavit;
(e)W-9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County,
County's counsel and/or title company.
4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement or within thirty(30)days of County's receipt of all Closing
Documents, whichever is the later. This agreement shall remain in full force and
effect until Closing shall occur, until and unless it is terminated for other cause. At
Closing, payment shall be made to Owner in that amount shown on the Closing
Statement as"Net Cash to the Seller."
5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees
to relocate any existing irrigation system located on the Easement including irrigation
lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the
project without any further notification from County. Owner assumes full
responsibility for the relocation of the irrigation system (if any) on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement (if any), Owner is responsible for their retrieval prior to the
construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of all
improvements located within the Easement area, and yet County is willing to permit
Owner to salvage said improvements as long as their retrieval is performed before
construction and without interruption or inconvenience to the County's contractor. All
improvements not removed from the Easement prior to commencement of
construction of the project shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things
which may be required to give effect to this Agreement immediately as such
requirement is made known to them or they are requested to do so, whichever is the
earlier.
Page 3
7. REPRESENTATIONS AND WARRANTIES-Owner agrees, represents and warrants
the following:
(a)Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b)County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,without
first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e)There are no maintenance, construction, advertising, management, leasing,
employment,service or other contracts affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g)County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h)The property underlying the Easement, and all uses of the said 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 underlying the Easement
except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on the property
contiguous to or in the vicinity of the Easement to be sold to the County,that
the Owner has not received notice and otherwise has no knowledge of: a)
any spill on the property underlying the Easement; b) any existing or
threatened environmental lien against the property underlying the Easement;
• or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the property
underlying the Easement. This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the
County against and from, and reimburse the County with respect to, any and all
Page 4
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 County by reason or arising out of the breach of any of
Owner's representations under paragraph 7(h). This provision shall survive Closing
and is not deemed satisfied by conveyance of title.
9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all
fees to record any curative instruments required to clear title, and all Easement
instrument recording fees. In addition, County may elect to pay reasonable
processing fees required by lien-holders and/or easement-holders in connection with
the execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the property underlying the Easement;
provided, however, that any apportionment and distribution of the full compensation
amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest, or as consideration due
to any diminution in the value of its property right, shall be the responsibility of the
Owner, and shall be deducted on the Closing Statement from the compensation
payable to the Owner per Paragraph 2. County shall have sole discretion as to what
constitutes "reasonable processing fees." In accordance with the provisions of
Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes
by County, Owner shall further pay all documentary stamp taxes required on the
instrument(s) of transfer, unless the Easement is acquired under threat of
condemnation.
10. PRIOR YEAR AD VALOREM TAXES-There shall be deducted from the proceeds of
sale all prior year ad valorem taxes and assessments levied against the parent tract
property which remain unpaid as of the date of Closing.
11. EFFECTIVE DATE - 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.
12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in
the form of a partnership, 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, subject to the
penalties prescribed for perjury, of the name and address of every person having a
beneficial interest in the property underlying the Easement before the Easement held
in such capacity is conveyed to County. (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.)
13. ENTIRE AGREEMENT-Conveyance of the Easement,or any interest in the property
underlying the Easement, by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and this 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. No modification,amendment or cancellation of this Agreement shall be of any
force or effect unless made in writing and executed and dated by both Owner and
County.
14. BREACH AND TERMINATION - If either party fails to perform any of the covenants,
promises or obligations contained in this Agreement, such party will have breached
this Agreement and the other party may provide written notice of said breach to the
party in breach, whereupon the party in breach shall have 15 days from the date of
said notice to remedy said breach. If the party in breach shall have failed to remedy
said breach, the other party may, at its option, terminate this Agreement by giving
written notice of termination to the party in breach and shall have the right to seek
Page 5
and enforce all rights and remedies available at law or in equity, including the right to
seek specific performance of this Agreement.
15. SEVERABILITY-Should any part of this Agreement be found to be invalid, then such
invalid part shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such invalidity.
16. VENUE - This Agreement is governed and construed in accordance with the laws of
the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
AS TO COUNTY:
DATED:, 114( IS
ATTEST: BOARD u• CO -TY COMMISSION
_ D ..HTS. Ow_ Clerk COLLIE :ir TY, FLORIDA
n BY:
est as to„ alVtlerk PENNY TAY , Chairman `
sicnatve,of*
AS TO OWNER:
DATED: I4- l -2°
(No vt 11 klsv c yO Tva RFZ
's ignature) JUAN TINAJERO JUAREZ
Name(Print or Type)
Witness(Signature) ,
c, 1J� e‘ //I Ih14
Name(Print or Type)
Approved as to fort' an;legality:
Jennifer A.Beipedio \ \
Assistant County Attorney
Last Revised 06/23/15
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$ GOLDEN GATE BOULEVARD (CR 876)
4. 85+00 286+00 i 287+00 /I% 288+00 ' 289 '+00 2901+00 + 29
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PROPOSED ROADWAY EASEMENT
8 PARCEL 470 RDUE
3,675 SO. FT.
1
TRACT 118
GOLDEN GATE ESTATES
TRACT 117 UNIT 80 TRACT 135
PLAT BOOK 5 PAGE 18
.. BERGGREN &
EAST 75' OF COGBILL
WEST 150' OF OR 3245/1427
' TRACT 118
Q VILLAMIZAR, MINZEY, MINZEY,
VILLAMIZAR &ii MINZEY & MINZEY
VILLAMIZAR OR 3827/3306
OR 4368/13011
8 MOORE
OR 3229/2814
8 N
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SO. FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK/PAGE)
�1 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
( EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
1 /J USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 18
LEGAL DESCRIPTION FOR PARCEL 470 ROUE
A PORTION OF TRACT 118,GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 49 FEET OF THE NORTH 99 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 118.
CONTAINING 3,675 SQUARE FEET, MORE OR LESS.
TECM-ROW
FEB n 1 2010 0 40 80 160err /i!1/7/
NICHAE 9/ARD,PROFESS SURVEYOR&MAPPER
SKETCH & DESCRIPTION ONLY P.0R06 960116* 1E"D.5301
NOT BOUNDARY SURVEY scALE: t'=6o' BONING aTE: S/ d
NOT VAUO WRNOUT TIE ORWNRL TO &RAISED EMBOSSED SEAL OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESS SURVEYOR AND MAPPER.
GOLDEN GATE BOULEVARD 1) \%TA
INC
VianIzation
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CONSIlL ULTING
TIVA. a
PARCEL 470 RDUE 661044114,Park Onve.Sole 200
Naples.Rata 34109
COLLIER COUNTY, FLORIDA Phone:(299)597-0575 FAX:(239)597-0578
1.8 No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCA_: DATE DRAWN BY. FILE NAME SHEET
050217.00.01 0001 REV 01 5 49 28 1" = 80' DEC. 2C09 O.W... SR 470 1 OF
PROJECT: 60145 Golden Gate Boulevard
PARCEL No(s): 470RDUE
FOLIO No(s): Portion of 40870480001
STATE OF
COUNTY OF
GRANTOR'S NON-FOREIGN TAXPAYER IDENTIFICATION&"GAP"AFFIDAVIT
The undersigned,JUAN TINAJERO JUAREZ, after being duly sworn, deposes
and says:
1. Grantor is the fee simple owner and the only owner of the property located in
Collier County and described in Exhibit"A"attached hereto("Property").
2. Grantor's Legal Name is: JUAN TINAJERO JUAREZ, a married man
3. Grantor's mailing address is:
4020 Golden Gate Blvd. E, Naples, FL 34120
4. Section 1445 of the Internal Revenue Code requires a transferee of a U.S. real
property interest to withhold tax if the transferor is a foreign person. For U.S.tax
purpose (including Section 1445), the owner of a disregarded entity having legal
title to a U.S. real property interest under local law will be the transferor of the
property and not the disregarded entity. To inform Collier County, as transferee,
that withholding of tax is not required upon disposition of the Property, Affiant
affirms that the following is true:
a. Grantor is not a non-resident alien (if individual) or a foreign corporation,
foreign partnership, foreign trust or foreign estate (as those terms are defined
by the Internal Revenue Code and Income Tax Regulations) for purposes of
U.S. income taxation.
b. Grantor is not a disregarded entity as defined in s.1.1445-2(b)(2)(iii). (NOTE:
A disregarded entity for these purposes means an entity that is disregarded
as an entity separate from its owner under s.301.7701-3, a qualified REIT
subsidiary as defined in s. 856(i), or a qualified subchapter S subsidiary
under s.1361(b)((3)(B).
5. For purposes of reporting this Transaction to the Internal Revenue Service on
Form 1099-S,the Property is Grantor's(check one)
X Principal Residence Other real estate.
6. Grantor is in sole constructive or actual possession of the Property, and there is
no other person or entity that has any possessory right in the Property.
7. Grantor has full authority to convey the Property.
8. There are no existing contracts for sale or mortgage commitments other than
those being closed affecting the Property.
9. Grantor knows of no defects in the Property's title and, except for real estate
taxes for the current year and those items identified on Exhibit "B" attached
hereto, there are no liens, encumbrances, mortgages, claims or demands on or
against the Property.
10. There are no unrecorded labor, mechanics', material men's liens or"Notices of
Commencement" against the Property; no material has been furnished to or
labor performed upon the Property within the past ninety(90)days which has not
been paid for in full; no notices to owner have been delivered to or received by
the Grantor.
11. There are no bills, liens or assessments for sanitary sewers, paving or other
public utilities, or improvements made by any governmental instrumentality,
which are now unpaid, against the Property. Further, Grantor acknowledges
responsibility for water, sewer and electrical consumption charges through date
of closing or occupancy by Grantor, whichever first occurs. If any bills, liens or
assessments are found which relate to the period of Grantor's possession,
Grantor will pay same upon demand. Grantor shall obtain any release
documents needed which relate to bills, liens or assessments not paid at the
time of closing.
12. No notice has been received of any public hearing regarding future or pending
zoning changes or assessments for improvements by any governmental
instrumentality.
13. Grantor knows of no violations of local or state laws or private covenants,
restrictions or conditions which pertain to the Property.
14. There are no judgments, orders or decrees which have been entered in any state
or federal court against the Property or Grantor, and there are no civil or
administrative actions pending against Grantor or which involve the Property in
any way, including no action for dissolution of marriage or bankruptcy.
15. The Property and all uses of the Property have been and presently are in
compliance with all Federal, State and Local laws, regulations and ordinances,
including environmental laws, and that the Grantor has no knowledge of any spill
or environmental law violation on any property contiguous to or in the vicinity of
the Property; and that Grantor 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/or acceptance and is not deemed satisfied by conveyance of title.
16. Grantor shall indemnify, defend and hold Collier County harmless against and
from any and all damages, claims, liabilities, actions, expenses, penalties, fines
and costs (including attorney's fees and expenses) incurred by or asserted
against Collier County by reason of or arising out of the breach of Grantor's
representations under Paragraph 15 above, irrespective of whether Affiant was
negligent in the making of these representations.
17. There are no unrecorded deeds, judgments, liens, mortgages, easements or
rights of way for users, claims, boundary line or other disputes, or demands of
any nature asserted against or affecting the Property.
18. There are no matters pending against Grantor that could give rise to a lien that
would attach to the Property, or cause a loss of title, or impair title between the
effective date of the title insurance commitment (or title search showing
ownership and encumbrances) and the time of recording of the instruments
evidencing the County's fee simple or other interests in the Property; and that
Grantor has not executed and will not execute any instrument that would
adversely affect the title to the Property from the date of this Affidavit forward.
19. If the conveyance is of fee simple and by purchase, Grantor agrees that in the
event the current real and personal property taxes vary in amount from the
figures used in making the prorations used in closing the conveyance of the
Property to County, then a new proration and a correct and proper adjustment
shall be made upon demand. Grantor understands that all taxes, maintenance
charges and assessments due from Grantor for which a bill is rendered prior to
closing will be charged against Grantor on the closing statement.
20. If the Property is improved property, then Affiant is the owner of said property,
and there are no claims, liens, security interests, claims or demands of any kind
against the furniture, equipment, fixtures and personal property located on the
Property and being sold as part of this transaction.
21. If the subject Property hereto is rental property, Grantor hereby represents that
Grantor has paid all sales taxes due to the State of Florida to date and will pay
any remaining taxes due in respect to said premises before due and will
indemnify and hold harmless Collier County from Grantor's failure to do so.
22. Grantor agrees to fully cooperate with Collier County when necessary to correct
an error discovered after closing and, in doing so, to execute, without delay, any
corrective instrument(s) needed in order to effectuate the intent of the parties to
this transaction. This provision shall survive closing.
23. Grantor understands that this certification may be disclosed to the Internal
Revenue Service by Collier County and that any false statements made here
could be punished by fine, imprisonment, or both. Grantor further authorizes the
submission of this affidavit if and when required.
24. Under penalties of perjury, I, the undersigned affiant, state that I have examined
this affidavit and to the best of my knowledge and belief it is true, correct and
complete as of the date of execution hereof; that I am authorized to execute this
affidavit as or on behalf of Grantor and to bind Grantor thereby; that I will
immediately notify Collier County of any change to the representations contained
herein and that, in the absence of such notification, Collier County may rely on
the representations contained herein on the day of closing; that Grantor intends
for Collier County, its agents and attorneys, the title company issuing the title
policy (if title insurance is to be issued), its underwriter and its employees, any
escrow/settlement agent and other parties and their attorneys participating in this
transaction, to rely on these representations, and Grantor will indemnify said
parties for all damages, loss, liability, claims, cost and expenses, including
attorney fees, which arise out of or result from their reliance upon these
representations, irrespective of whether I was negligent in making these
representations or executing this Affidavit.
WITNESSES:
v✓kan 71hqg'6o 0V4rcZ
(Sig
JUAN TINAJERO JUAREZ
(Print Name)
t
(Signature)
t•�`�1t,�t+ v`f� tl17 `C
(Print Name)
STATE OF /7
COUNTY OF: Vii'•
Sworn to and subscribed before me this/I day of /d"ef/1Z/Jd , 2017, by
JUAN TINAJERO JUAREZ.who is:
G--"--personally known to me,
OR,
who has produced as proof of identity.
(affix notarial seal) _/J �,
(Signature/�� ���
of Nota ubli
DELHI B.PANTOJA
`
�AN*
. Notary Public-StateofFlorida ` (Print Name of Notary Public)
• Commission#GG 110881 Serial/Commission#(if an :
enr
o+`O�o;; My Comm.Expires Sep 30,2021 11My Commission Expires: -
Bonded through National Notary Assn.
Approved as to form and legality:
Jennifer A.Belpedio cs-)
\`��
Assistant County Attorney \,�
Last Revised:9/3/2015
I
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g 85+00 286+00 ! t 287.00 288+00f
289+00 290 DO I 29
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_ ____
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PROPOSED ROADWAY EASEMENT
8 I PARCEL 470 ROUE
3.675 SO FT.
1
TRACT 118
GOLDEN GATE ESTATES
TRACT 117 UNIT 80 TRACT 135
S PLAT BOOK 5 PAGE 18
_ I
BERGGREN & I
EAST 75' OF COGBILL
WEST 150' OF 1 OR 3245/1427
TRACT 118
PVILLAMIZAR, MINZEY, MINZEY,
VILLAMIZAR & MINZEY & MINZEY
VILLAMIZAR
OR 4368/1301OR 3827/3306
0 1
8MOORE
OR 3229/2814
g N '
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S Email—
SQ. FT, SQUARE FEET eim,i „mem.411.1.
OR OFFICIAL RECORDS (BOOK/PAGE)
��A PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
1//7/ USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18
LEGAL DESCRIPTION FOR PARCEL 470 RDUE
A PORTION OF TRACT 118,GOLDEN GATE ESTATES. UNIT 80 AS RECORDED IN PLAT BOOK 5. PAGE 18 OF THE I
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST.
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
•
THE SOUTH 49 FEET OF THE NORTH 99 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 118.
• CONTAINING 3,675 SQUARE FEET. MORE OR LESS.
TEEM-ROW
FEB n 1 2010
`
0 40 80 180 'Y
SKETCH & DESCRIPTION ONLY RICRAF WARD PROMS 00.53R a MAPPER
i♦ I fLORR1A RECISTRA N 1E N0.5301
NOT A BOUNDARY SURVEY SCALE:1--e0' DATE J
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLOONw REGISTERETAIVOLIT D PROM s* RAs580I!'
08 AND 100, SEN.OSSED OF
GOLDEN GATE BOULEVARD T?«TAO
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT C OA Elmira*
Al.SSV T A. Suftlies&Mwpiog
PARCEL 470 RDUE 6610 VOW/Palk Drive,SNB 200
Naples.Taoam.34709
COLLIER COUNTY. FLORIDA Phone'(239)597.0575 FAX.(239)597-0570
LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP-- RA\GE SCA..E. DATE DRAWN 6Y 'LE NAIVE SHEET
050217,00.01 0001 REV Cl 5 49 28 1- = 80' DEC. 2009 D.W.... SK 470 OF
Taxes for the year 2017 and subsequent years, which are not yet due and payable.
Any County and/or municipal resolutions for public improvements or special assessments
which are not recorded or are not properly recorded in the public records and which do
not provide notice to the owner of record in the public records.
Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or
port authority for unpaid service charges for service by any water, sewer or gas system
supplying the insured land.
Resolution Establishing Suburban and Agriculture Subdivisions, dated March 7, 1961 and
recorded March 13, 1961 in Official Records Book 80, Page 183, of the Public Records of
Collier County, Florida.
Restrictive Covenants executed by Gulf American Land Corporation, a Florida corporation,
dated January 16, 1963 and recorded February 7, 1963 in Official Records Book 131, Page
595; Addition No. 1 Restrictive Covenants and Right of Way Easements recorded May 24,
1963 in Official Records Book 141, Page 256; Release of Right-of-Way Easement recorded
in Official Records Book 1059, Page 631, all of the Public Records of Collier County,
Florida.
Ordinance No. 75-20 as to regulating the installation of any water distribution and
wastewater collection system, dated May 5, 1975 and recorded May 19, 1975 in Official
Records Book 619, Page 1177, of the Public Records of Collier County, Florida.
Ordinance No. 75-21 as to protective trees, dated May 6, 1975 and recorded May 19,
1975 in Official Records Book 619, Page 1182, of the Public Records of Collier County,
Florida.
Ordinance No. 75-24 as to zoning regulations, dated May 7, 1995 and recorded May 19,
1975 in Official Records Book 619, Page 1191, of the Public Records of Collier County,
Florida.
Resolution establishing the Immokalee Planning Area and the Coastal Planning Area,
dated May 4, 1976 and recorded May 6, 1976 in Official Records Book 649, Page 1239, of
the Public Records of Collier County, Florida.
Subject to the rules and regulations of surface and ground water utilization as set forth in
Constructive Notice and Demand dated March 31, 1989 and recorded March 31, 1989 in
Official Records Book 1428, Page 2003, of the Public Records of Collier County, Florida,
of the Public Records of Collier County, Florida.
Restrictions, conditions, reservations, easements and other matters contained on the plat
of Golden Gate Estates, Unit No. 80, as recorded in Plat Book 5, Page 18, of the Public
Records of Collier County, Florida.
PROJECT: 60145 Golden Gate Boulevard
PARCEL No(s): 47ORDUE
FOLIO No(s): Portion of 40870480001
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
34
THIS EASEMENT, is made and entered into this 1. day of _aArAidet%,A,
2017, JUAN TINAJERO JUAREZ, a married man, whose mailing address is 4020
Golden Gate Blvd. E, Naples, FL 34120, (hereinafter referred to as "Grantor"), to
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address
is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples,
Florida 34112 (hereinafter referred to 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.
Grantor and Grantee are used for singular or plural, as the context requires.)
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 Road Right-of-Way, Drainage and Utility Easement to enter upon and to
install and maintain roadway, bikepath and sidewalk improvements, drainage structures,
including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall
systems, underground pipes, various types of water control structures and any and all
manner of public and private utility facilities over, under, upon and across 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 NOR IS IT CONTIGUOUS THERETO
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter
upon said land and to place and/or excavate materials for the purpose of constructing,
operating, and maintaining roadway, sidewalk, drainage and utility facilities thereon.
"Utility facilities" includes public as well as private utilities, such as electric, telephone and
cable television, but only if such facilities have Collier County's consent and proper
authorization. This easement includes the right to remove and use any and all excavated
material. The easement granted herein shall constitute an easement running with the
land and shall burden the lands described above.
THIS CONVEYANCE ACCEPTED BY THE
This property has been acquired under BOARD OF COUNTY COMMISSIONERS,
threat of condemnation and is exempt COWER COUNTY,FLORIDA,
frcal documentary stamp tax. PURSUANT TO AGENDA.
DATED: '. '-7- 17 SEM NO. HO qI
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
WITNESSES:
Li -ri11notTCre,
W s (Signature) JUAN TINAJERO JUAREZ
(Print Name)
141
Witness (Signature)
MitiZtel
(Print N ?ne)
STATE OF
COUNTY OF rr
�®�
The foregoing Roapl Right-of-Way, Drrinage and Utility Easement was acknowledged
before me this /-T day of/k&'in. ,i--, 2017, by JUAN TINAJERO JUAREZ, who:
is personally known to me OR
produced as proof of identity.
(affix notarial seal)
424% :. -�
(Signa ure of Nota Pu c)
7)k A271')/\_H
DELHI(3. (Print Name of Notary,.P'ublic)
6 NotaryPublic-StateofFlorida Serial / Commission #(if any):
* u •- Comm.ExpiresSepGG 0881 My Commission Expires:
9c � My Comm.ExpiresSep30,2021
Bonded through National Notary Assn.
Approved as to form and legality:
-SIE.ry N (Ft eLLi '.,b i o
Assistant County Attorn
Last Revised: 06/23/15
?
£ GOLDEN GATE BOULEVARD (CR 876)
g85+00 + 286+00 { 287+00 288+00 1 2891+00 290+00 { 29
POINT OF I
E 50' / —
74
l
PROPOSED ROADWAY EASEMENT
A PARCEL 470 RDUE i
8 3.675 SO. FT. I
a TRACT 118
GOLDEN GATE ESTATES
s TRACT 117 UNIT 80 TRACT 135
8 PLAT 800K 5 PAGE 18 I
BERGGREN & 1
EAST 75' OF COGBILL
WEST 150' OF OR 3245/1427
i TRACT 118
SVILLAM ZIARR& MiNZEY, MINZEY, f
a LAMIZZAR MINZEY & MINZEY
i OR 4368/13011 `R 3827/3306
MOORE I
a OR 3229/2814
g N
`
_ — E
G/\fl1Df -....r .
S Pags..Tw.
SO. FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK/PAGE)
. A PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
iT�1 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
I/ / /' USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 18
LEGAL DESCRIPTION FOR PARCEL 470 RDUE
A PORTION OF TRACT 118,GOLDEN GATE ESTATES. UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST,
COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 49 FEET OF THE NORTH 99 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 118.
CONTAINING 3,675 SQUARE FEET, MORE OR LESS.
TECM-ROW
FEB 0 1 2010
0 40 80 5609(/ ,
y1011� .:YAPO.PROFESS) h MAPPER ,
SKETCH & DESCRIPTION ONLY I
NOT A BOUNDARY SURVEY SCALE: 5:09000 0010. /Q�
ROT WUD*11 OUT TRE ORtGeU1 5 TU 49&RNSEO EMBOSSED SEAL OF i
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REOSRRLO SURA OR MVO MAPPER.
GOLDEN GATE BOULEVARD TAX TA'a....-...
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT y�5V 14 i s 111 7g s
PARCEL 470 RDUE 6610 Wilma Park Oren.SLAW 200
Maples.Ronde 34109
COLLIER COUNTY, FLORIDA Phone:(239)597 0575 FAX.(239)597-0578
LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.01 0001 REV 01 5 49 28 1" = 80 DEC. 2009 0-W.J. OK 470 1 of 1
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