Parcel 113 Mayflower ChurchTO:
FROM:
DATE:
RE:
RECEIVED
INTEROFFICE
MEMORANDU N" 10 2000
Sue Filson, Administrative Assistant ilear~l of ¢ount.~ Coamisstoners
Board of County Commissioners
Cindy Erb, Real Property Specialist II/'~' ' -/"~'~'~
Real Property Management Department
Janua~ 6,2000
County Barn Road - Parcel #113 - Mayflower Congregational United
Church of Christ Incorporated
Attached you will find one (1) Easement Agreement for execution by
Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be
advised that the document has been reviewed and approved by the County
Attorney's Office.
The Board of County Commissioner of Collier County, Florida approved the
acquisition by gift or purchase pursuant to Resolution 96-356, Agenda Item ~:)-B-~
,~', dated August 13, 1996, and the Board has authorized its present Chairwoman
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 III, Minutes and Records Management, for attestation by the
Clerk to the Board.
If you have any questions regarding this matter, please contact me at 774-8991.
Thank You.
Attachment:
PROJECT: County Barn Road
PARCEL NO: 113
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between MAYFLOWER CONGREGATIONAL UNITED
CHURCH OF CHRIST INCORPORATED, A FLORIDA NON-PROFIT CORPORATION,
(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of
the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for road
right-of-way, sidewalks, utility, drainage and maintenance over, under, upon and across
the lands described in Exhibit "A" (said easement hereinafter referred to as the
"Property"), which is attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of 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 is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
Owner shall convey the Property to Purchaser for the sum of $11,650.00, payable
by County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said Property to Purchaser.
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of sUch instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida. Owner shall
provide such instruments, properly executed, to Purchaser on or before the date
of Closing.
This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided; however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting Purchaser's enjoyment of the Propertyl
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instrument to Purchaser in a form acceptable to
Purchaser.
Conveyance of 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.
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.
Easement Agreement Page 2
o
o
10.
11.
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 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.
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 asserted 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.
The Purchaser shall pay for all costs of recording the conveyance instrument 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 mortgage(s) recorded against the Property from the mortgagee(s). The cost
of a title commitment shall be paid by Purchaser.
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.
If the Owner holds the Property 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, 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,
Florida Statutes, whose stock is for sale to the general public, it is hereby exempt
from the provisions of Chapter 286, Florida Statutes.)
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~-w~.day of"'-'~"~u,~ ~,~ ,
Date Property acquisition approved by BCC: 8/13/96
AS TO PURCHASER:
DATED."-'~'~=,,~. V3, _,~..~n 0
· ' DWIGFI~'E~ BROCK, Clerk
..' ,.;' _. ~ .... ~
· ; ~, ... ;:- . ...'~¥' :- Deputy Clerk
% ~ ., .... · ~c~ .'
AS TO OWNER:
DATED:
~itrl~ss (S i~n atu~A
Name:
"~(3. (Print or Type)
Witness (Signature)
Name: L_~ow
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pame~a ~. Mac'Fde, ChairWoman
MAYFLOWER CONGREGATIONAL
UNITED CHURCH OF CHRIST
INCORPORATED, a Florida non-profit
corporation
President/V',c~ Prc.~dent
Approved as to form and
legal sufficiency:
H~i~li F. Ashton
Assistant County Attorney
Easement Agreement Page 4
COUNTY OF ('~o Z/--/~
The foregoing Easement was acknowledged,.-befpre me this day of
~:~~ , 1999, by (name) /~(:2~-_.~ -_~', ~'"~2/_~ , (title)
fr~..3; ~ er)~ of Mayflower Congregational United Church of Christ
Incorporated, a FIo~da n.on-pr, ofit corporation, who is personally known to me or who
has pr°duced ~/~"'L Y'~/v? ~r"~ ~ C'd/~' as ide~ati~ (,,~_~
(Affix notarial seal)
(Sig fr'atu~e~f Notary)//
(Print Name of Notary)
Commission #
My Commission Expires:
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ................. 60101.
~ PROJECT PARCEL NO... 113
TAX PARCEL NO ....... 00404200008
N.E..COR. OF THE S 1/2, N 1/2, SW 1/4, SWl/4, "
SEC. 8, TWP. 50 S, RGE 26 E.
15o' !50'"1
PARCEL 113
t '
!
EIHIBII
i I' ~"
L:_ '
DESCRIPTION:
FIF ~T/Y (50') FOOT ROAD RIGHT OF WAY EASEMENT
THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE
SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
CONTAINING 16,900 SQUARE FEET OR .388 ACRES.
GENERAL NOTES
2) P.O.B. = POINT OF BEGINNING PREPARED B .. ATE.
3) SEC. = SECTION GEORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL REG. ~ 2406
5) RGE. ~ ~NGE PUBLIC WORKS ENGINEERING DEPT,
6) ~ ~ RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECI~LS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND S~LED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY ~ .... DA~E FILE NO,
NOT TO SCALE OCT. 9, 1998 CBR113 SHEET I OF I
TO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb
Real Propeft~ Spe~alist II
Real Property MaCu~gement Department
February 2, 2000
County Barn Road - Parcel #113 Mayflower Congregational United
Church of Christ Incorporated
Please find attached one (1) original recorded Easement for the above referenced
project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
by gift or purchase pursuant to Resolution 96-356, Agenda Item 16 B 6, dated August
13, 1996.
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
CC:
Ladd Ryziw, PWED
Tax Appraiser's Office w/attachment
Inventory File w/attachment
Office of the Real Property Management Department
PROJECT:
PARCEL:
FOLIO:
County Barn Road
113
00402680002
2586178 OR: 2635 PG: 0316
R~ICORDED in OPPICIAL RECORDS of COLLIER COUNTY,
01/27/2000 at ll:26All DWIGHT g. BROCK, CLNRK
CON~ 11650,00
REC F~ 15,00
DOC-,70 81.90
COPIES
Retn:
R~AL PROPRRTY
RXT 8991
INTBR OF[IC~
EASEMENT
THIS EASEMENT, made and entered into this ~'h day of q~Je. ce~%"~,' ,
19 °lc~, by Mayflower Congregational United Church of Christ Incorporated, a Florida
non-profit corporation, whose mailing address is P.O. Box 11133, Naples Florida,
34101, 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 road right-of-way,
sidewalk, 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 road right-of-way, sidewalk, drainage, and utility facilities
thereon. Grantor and Grantee are used for singular or plural, as the context requires.
The easement 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
/~Ln/,d~ e a r(/f~t_ ~)b o v e written.
(1~1RC~T3/VI~'N'ESS (Sig natu re)
(Prin ...t~J~ne)
SECON~ WlT~ESS (Signature)
(Print
Mayflower Congregational United
Church of Christ Incorporated, a
Florida non-profit corporation
P reside nt/Viee-~side~
~, fS'qCONVEYIUICEII~CC EPTE D-'BY TfiE~
~OARD OF ~U~HI~IONERS.
COLLIER COUP, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. q(~ ' ~5~ _
OR: 2635 PG: 0317
COUNTY OF Q-'7~ ~./___/~.~,
·
_ The foregoing Easement was acknowledged b~fore me this .c~' day of
'_L~-_~¢.~", 1999, by (name) ,/'~', O/~_.r'(~ _~',.'~-'d./.2J-~& (title)
P~', ~ e_ n-Y' of Mayflower Congregational United Church of Christ
Incorporated, a Florida nD.n-profit qorpora_tion, who ispersonally known to me or who
has produced ~?'ld~-.~/~ez'2 /-I ¢c/~aa~ identifica~
(Affix notarial seal)
(Sig~a~ur~ of Notary)
(Print Name of Notary)
Commission Cf
My Commission Expires:
!~;~::,,:,,,..- -',~;~.~,.-0;,~-.,; - "ii
I-"'~~r~'~''''- MY COMMISSION # CC 737538 /I
'=*? ;*'= ' 2
11~-~..-;~ EXPIRES: ^phi 26,200
~L"_' ....... - - -
*** OR: 2635 PG: 0318 ***
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ................. 60101.
PROJECT PARCEL NO...113
rAX PARCEL NO ....... 00404200008
N.E. CDR. OF THE S 1/2, N 1/2, SW 1/4, SWl/4, "
SEC. 8, TWP. 50 S, RGE 26 E.
50' : ,
I I
: ,
, I I
'.
PARCEL 1 13 -- -.- ~1
I
I Io
I
I
I
I
EXHIBIT
DESCRIPTION:
FIF ~T/Y (50') FOOT ROAD RIGHT OF WAY EASEMENt'
THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE
SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
CONTAINING 16,900 SQUARE FEET OR .388 ACRES.
GENERAL NOTES
= B ¢' ~
2) P.O.B. POINT OF BEGINNING PREPARED ... ATE../..'
3) SEC. = SECTION c.-- GEORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) R/W = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKE'D' BY SCALE DATE FILE NO. '
NOT TO SCALE OCT. 9, 1998 CBRI'~'3 SHEET 1 OF 1