Parcel 204TO:
FROM:
DATE:
RE:
REAL PROPERTY MANAGEMENT
DEPARTMENT
SUE FILSON
ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
DEENA L, QUINN
SENIOR SPECIALIST
JULY 1, 1999
GOLDEN GATE BOULEVARD IMPROVEMENTPROJECF' APPROVED
ON 4/28/98, AGENDA ITEM #16B1 ~
Attached for execution, please find one (1) Easement Agreement between Collier County
Mr. & Mrs. Raymond Wells, pursuant to Resolution No. 98-107, Paragraph 8, the Board
authorized its present Chairman and any subsequent Chairman, for the life to the Pro
execute any instruments which have been approved by the Office of the County Attorney.
Please have the document executed by the Chairman of the Board of County comr:nission~
The document can then be forwarded to Ellie Hoffman, Records Technician II1!
Records Management/Clerk of Courts, for attestation by the Clerk of Couds. Ms. H°ffman
then call me at extension 8991 for the document to be picked up.
Thank you.
Attachment as stated
PROJECT: 63041 (G. G. Blvd.)
PARCEL: 204
FOLIO: 36963480003
EASEMENT AGREEMENT ~ ~:
THIS EASEMENT AGREEMENT (hereinafter referred lo as the "Agreement") i
made and entered into by and between RAYMOND WELLS and SANDRA R. WELLS,
Husband and Wife, (hereinafter referred to as the "Owner"), and COLLIER COUNTY,
a political subdivision of the State of Florida, its suc. c~ssors and assigns (hereinafter
referred to as the "Purchaser");
WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for
road right-of-way, drainage, sidewalk, utility and maintenance easement over, under,
upon and across the lands described in Exhibil "A", which is attached hereto and made
a part 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 to the Purchaser for
the stated purposes, on the terms and conditions set fodh herein;
WHEREAS, the Owner desires to be compensated for the Easement, as well as
any, improvements located Ihereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Easement (hereinafter referred to as "Property") and for Ihe improvements, over,
under, upon, and across the Property. ~.
NOW THEREFORE, in consideration of Ihese 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
$2,200.00, broken down as follows:
Easement $ 800.00
Improvements (If any) $1,400.00
TOTAL: $ 2,200.00
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 Property to Purchaser.
2. Purchaser shall pay Owner by County Warrant.
3. 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 Property.
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 tl'~e holders cf any and ail
liens, encumbrances, exceptions, or qualifications in and to the Easemenl, the
execution of such instrumenls that will, upon their recording in tho Public Records of
Collier Courtly, Florida, clear any and all encumbrances from the Easemerlt. Such
instruments shall be provided to Purchaser on or before the date of closing.
5. 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 Ihe written Agreement, including all exhibits attached hereto, shall
constitute the entire Agreemeni and understanding of the parties, and there are
other prior or contemporaneous written or oral agreements, undertakings, prom ses
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 P~Jrchaser, 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 transfe~ of hazardous substances on the Property. This provision shall survive
closing and is not deemed satisfied by conveyance of title.
8. 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, liab tries, 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 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 conveyance
instruments 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 Subord nation, Consent & Joinder of Easeme,qt of the
mortgage(s) recorded against the Easement from the mortgagee(s).
10. This Agreement and the lerms 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 Iheir respective heirs, executors,
personal representatives, successors, successor trustees, and/or ass gnees wheneC'er
the context so requires or admits. '
11. If the Owner holds the Property in the form of a partnership, limit!d
partnership, corporation, trust or any form of representative capacity whatsoever f~r
others, Owner shall make a written public disclosure, according to Chapter 286, Flori~le
Stalutes, under oath, of lhe name and address of every person having a benefit['81
interest in the Property before the Property held in such capacity is conveyed
Purchaser, its successors and assigns. (If the corporation is registered with tl~e
Federal Securities Exchange Commission or registered pursuant to Chapter 51~',
Florida Statutes, whose stock is for sale to the general public, il is hereby exempt fro~
the provisions of Chapter 286, Florida Statutes.)
12. This Agreement is governed and con~lrued in accordance with the
laws of the State of Florida. ~
IN WIINESS WHEREOF, the parties herelo have ~ecuted this Agreement on
this ~-'-2~day of ~ ,199g.
Dated ProjecFAcquisition Approved by
BCC: 4/28/98
ASTO PURCHASER:
DAT ~O: c::~.~..,..~_~ 6'.
."~' :A:I-FE ST:' '. '-'.
.. :;" .' DWIGHT E BR~CK, Clerk
"~'~ ~e~Oe~uty Clerk
At, st m~ to. Ch~t~'~
AS TO OWNER:
DATED: ~-x~'-~x/-'~,,~
Witness (S ~ ha'{--urn)
Name: 1.~¢_,;,/~, I I~
(Print or Type)
Witness (Signature) ~
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER CI3UNTY, FLORIDA ~ :;
PAMELA S. MAC'KIE, Chair~voman
(Print or Type)
(Address)
(Print or Type)
(Address)
Witness'(Signa~') .
Name:/~/~'~1,,,. I lff~
(Print or Type)
Witness_~Signature) / ' Sandra R. Welis
Name: ~:./~ .... r-, ~,../~'~,~. Address:
(Print or Type)
Approved as to form and
legal sufficiency:
H'e~di FT-A s"ht ~n
Assistant County Attorney
OFFICE OF CAPITAL
3301 EAST TAMIAMI TRAIL
(941) 774-8192
PRoJECTs
NAPLES, FLORIDA 34112
SKETCH OF DESCRIPTION
(NOT A SURVEY)
EXHIBIT
(1~ ROW)
GOLDEN GATE BOULEVARD
"'T"aL EXIST. 50' R,W I !AS EMENT~.
PROJECT NO.
PROJECT PARCEL t.JO.
25 FOOT ROAD RIGHT OI
DRAINAGE, SIDEWALK. L
& MAINTENANCE EASEM
:
/
:
:
I
:
I
:
150'
WAY.
TILITY.
ENT
?
.~_~-" EXISTING RIGHT OF WAY Lit
204
TRACT
49
~ ~T PROPERTY L~'iE
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET
LESS THE WEST 30 FEET THEREOF OF TRACT 49, GOLDEN GATE ESTA"I ES
UNIT NO. 8. AS RECORDED ltd PLAT BOOK 4. PAGE 97, OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA
o 50 too
2534854 OR: 2594 PG: 2271
RECORDBD in OFFICIAL RECORDS of'COLLINR COUFFY, FL
o9/23/1999 at o3:44PH DWI~T B. BROCK, C~RK
CONS 1200.00
UC FEB 15.00
DOC-.?O 15.40
coPIIS 3.00
Ret, i:
REAL PIOFBR?!
BXT 8991
PROJECT:
PARCEL:
FOLIO:
GOLDEN GATE BOULEVARD
204
36963480003
EASEMENT
THIS EASEMENT, made and entered into this ~ day of ,~ul¼ ,
1999, by RAYMOND WELLS and SANDRA R. WELLS, Husband a'n'd Wife, whose
mailing address is HC 77, Box 132, Isonville, Kentucky 41149, 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, license, and privilege for road right-of-way, drainage,
sidewalk, utility 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 remove all landscaping, trees, shrubs,
improvements or fixtures located thereon and take materials for the purpose of
constructing, operating and maintaining road right-of-way, drainage, sidewalk 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.
THIS ¢ONVEYANCF ACCEPTED BY THE
BOARD
PURSU~-t~t
Easement
Raymond Wells and Sandra R. Wells
Page 2
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
][l~Ln~ re)
(Signature).
inted Name)
3 ~9~3r~atu re) ~
(Si~tum)
(Printed Name)
Rayrr~'n'd' Wells
STATE OF
COUNTY OF __~_~
dforegoing Easement was acknowledged before me this ~(~ day of
, 1999, by Raymond Wells, who is<_ersonally know~to me or who has
as identifica~~j~
(affix notarial seal) ·
Q~~ature of Notary Publ~)
(15~nt Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
STATE OF ~
COUNTY OF ~
feOregoing Easement was acknowledged befo~m-me-thJ, s_~ ~ day of
d ' 1999, by Sandra R. Wells, who is~rsonally k~ to me or who has
as identifi~c~ ~
(affix notarial seal) ~~j~ture of Notary Public)
P,re..~red by;~-~/~ ~
[~:,".~.r~ N, Zachary', Esqulr®
Of/ice of the County Attorney
3301 East Tamlami Trail
Naples, Florida 34112
(941) 774-8400
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires: 7- "?¢ -~
*** OR: 2594 PG: 2273 *** ~
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
PROJECT NO. 63041
(NOT A SURVEY) PROJECT PARCEL NO. 204
EXHIBIT
¢oo' R.O.W,)
GOLDEN (:~ATE BOULEVARD r-- NORTH PROPERTY LINE
I L EXIST. 50'R\W, ASEMENT----,
_..T..._J..~.. .~-'- EXISTING RIGHT OF WAY LINE
..
I
I I 25 FOOT ROAD RIGHT OF WAY,
DRAINAGE, SIDEWALK, L TILITY,
'- ' : & MAINTENANCE EASEMENT
I
: ,
I
:
I
I TRACT 49 -'
I
'. I
WEST PROPERTY LIN~ I ~ EAST PROPERTY LINE
:
I-
// :
I
I
:
I
:
30' I 150' ,.
330'
L 8OUTH PROPERTY LINE
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET
LESS THE WEST 30 FEET THEREOF OF TRACT 49, GOLDEN GATE ESTATES
UNIT NO. 8, AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
DI~AWN BY CHECKED BY SCALE DATE FILE NO.
1" = 100' JULY 17, 1998 GGB204 SHEET 1 OF 1