Parcel 497CONV ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Count Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County Vrc be)
Commissioners kj fils-P--)-1
5. Minutes and Records Clerk of Court's Office
0 le—t 1 ra'tG"r-,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Vivian Rodriguez Phone Number 252-5880
Contact/Department Transportation Engineering-ROW
Agenda Date Item was October 12,2021 Agenda Item Number
Approved by the BCC ����
Type of Document Easement Agreement&Access Easement Number of Original
Attached Documents Attached 2
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? VR
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board N/A
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. VR N/A
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10/12/21 and all changes made during
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
PROJECT: 99999 Miscellaneous
PARCEL: 497CONV
FOLIO: 38169760004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ( r inafter referred to as the "Agreement") is made
and entered into on this3) to day of , 2021, by and between COLLIER
COUNTY, a political subdivision of the Stat of Florida, whose mailing address is 3299
Tamiami Trail East. c/o the Office of the County Attorney, Suite 800, Naples, FL 34112
(hereinafter referred to as "Seller"), and RONEN GRAZIANI and LEEANNE W. GRAZIANI,
husband and wife, whose mailing address is 410 29th Street NW, Naples, FL 34120
(hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a perpetual non-exclusive Access Easement
(hereinafter referred to as the "Easement") over, under, upon and across the lands described
in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made
a part of this Agreement; and
WHEREAS, Seller desires to convey the Easement to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Seller 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 - Seller shall convey the Easement to Purchaser for the sum of:
$21,500.00
(said transaction hereinafter referred to as the "Closing"). Said payment to Seller shall
be full compensation for the Easement conveyed, including (if applicable) all
landscaping, trees, shrubs, improvements, and fixtures located thereon.
3. CLOSING DOCUMENTS - At Closing, Seller shall provide Purchaser with a properly
executed Access Easement and Closing Statement (hereinafter referred to as "Closing
Documents").
4. TIME IS OF THE ESSENCE - Both Seller and Purchaser agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement. 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 Seller via certified funds in that amount shown on the Closing
Statement as "Net Cash to the Seller."
5. SANTA BARBARA BOULEVARD DRIVEWAY - Purchaser acknowledges that, in light
of the grant of this Easement, Collier County will not permit a driveway connection off
Santa Barbara Boulevard to their northerly most property located at 2861 Santa
Barbara Boulevard, Naples, FL 34120.
6. SALE OR TRANSFER OF PROPERTY — Upon the sale or transfer of the Property by
Seller to a third-party, the Easement herein shall become exclusive to Purchaser.
7. MISCELLANEOUS REQUIREMENTS - Seller and Purchaser 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
8. REPRESENTATIONS AND WARRANTIES - Seller agrees, represents, and warrants
the following:
(a) Seller 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 Seller hereunder and to consummate the
transaction contemplated hereby.
(b) No party or person other than Purchaser has any right or option to acquire the
Property or any portion thereof.
9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - Purchaser shall pay all
fees to record any curative instruments required to clear title and all Easement
instrument recording fees. In accordance with the provisions of Section 201.01,
Florida Statutes, concerning payment of documentary stamp taxes by Seller,
Purchaser shall pay all documentary stamp taxes required on the instrument(s) of
transfer.
10. 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.
11. ENTIRE AGREEMENT- Conveyance of the Easement, or any interest in the Property,
by Seller 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 Seller and Purchaser.
12. 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 and
enforce all rights and remedies available at law or in equity, including the right to seek
specific performance of this Agreement.
13. 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.
14. 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 PURCHASER:
DAT D: �lI �O ck1
rc
Witness (Signature) RONEN GRAZIANI
V ifip(L pk,t,
Name (Print or Type)
Wi a ignature) LEEANNE W. GRAZIANI ..
L1nne t ce-oclU
Name (Print or Type)
AS TO SELLER:
DATED: I O-1,(4a"1
ATTEST:
CRY i`AL .. KINZEL, Clerk of the BOARD F UNTY COM SIONERS
•
Circuit gVct& Comptroller COLLIE NTY, FLOR D
BY: ,! • / BY:
v:.i j*,1R° -rk ENNY T LOR, Chairperson
Attest as to "r•
signaaurd bnl?•
Approved as to form and legality:
5b b\
Jennifer A. Belpedio cb\
Assistant County Attorney
11-7
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PROJECT: 99999 Miscellaneous
PARCEL: 497CONV
FOLIO: 38169760004
ACCESS EASEMENT
THIS EASEMENT, made and entered into this day of , 2021,
by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, FL 34112, (hereinafter referred to as "Grantor"), to RONEN GRAZIANI and
LEEANNE W. GRAZIANI, husband and wife, whose mailing address is 410 29th Street
NW, Naples, FL 34120 (hereinafter collectively 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 access easement for the purpose of providing vehicular and pedestrian
ingress and egress over, under, upon and across the following described lands in Exhibit
"A" attached hereto which is incorporated herein by reference (hereinafter referred to as
the "Property") located in Collier County, Florida, to wit:
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 providing
and maintaining vehicular and pedestrian ingress and egress thereon. Grantee shall be
responsible at Grantee's sole cost and expense for maintenance of the easement area
and any facilities constructed upon or installed therein. The easement granted herein
shall constitute an easement running with the land and shall burden the lands described
above.
Upon the sale or transfer of the underlying Property by Grantor to a third party, the
easement identified herein shall become exclusive to Grantee for the purposes identified
above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY
Circuit Court & Comptroller COMMIS".104 -S
r .. COLLIER : e d NTY FLORI
BY: IV = •,%, . .I C BY:
p' @.e opt*, lerk PENNY TA OR, Chairman
:Attas.to. 'air s
-si�rtatu`it=inly:
Approved as to form and legality:
03)
Jennifer A. Belpedio \�
Assistant County Attorney
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