Parcel 227 2506249 OR: 2571 PG: 1410
ILBCORDID in OFFICIAL RBCORDS of COLLISR ¢OUN?T, FL
07/16/1099 at 02:26P!! D#IOlI~ ~. BROCK, CLBRE
COMS 400.00
~C FIB 15.00
DOC-.70 2.80
Retn:
RKAL PROPBRTY
8091
IF~BR OFFIC!
PROJECT:
PARCEL:
FOLIO:
GOLDEN GATE BOULEVARD
227
36916240009
EASEMENT
THIS EASEMENT, made and entered into this ,~ day of
Eek
1999, by GLORIA ANDERSON whose mailing address is 11 Fallcr Circle,
Montgomery, Illinois 60538, 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.)
WITN E S SETH:
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 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 easement granted herein
shall constitute easements running with the land and shall burden the lands described
above.
OR: 2571 PG: 1411
Easement - Gloria Anderson
Page 2
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
WITNESSES:
Witness (Signature)
Witnoss (S~aturo)
Name: ~)1~¢
(Print or Type)
GLORIA ANDERSON
STATE OF
COUNTY OF
The~ foregoing
who 6as produced
Easement
(affix notarial seal)
was acknowledged before me this o,',,~7'('%- day of
by GI.oria Anderson, w~~,.ci'own to me or
(Signatur~ofi~'~ry Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires: /,,?////'O 52,
' .~PROJECT NO. 63~,-+ 1
-"'-. I- PROJECT PARCEL NO. 227
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
EXHIBIT "A"
The North 15 feet of the South 65 feet of the East 75 feet of Tract 97,
Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of
the Public Records of Collier County, Florida.
NORTH PROPERTY LINE
1,5 FEET
WEST PROPERTY LINE
EXISTING ~ LINE
GOLDEN GATE 8LVO,
EAST PROPERTY LINE
_ 15 FOOT DRAINAGE, UTILITY
N
AND MAINTENANCE EASEMENT
SOUTH PROPERTY LiNE iT
{EXISTING 50 FT, P,/W EASEMENT}
SCALE: linch = 1001eel
Collier County Real Property Management, Department
PROJECT: Golden Gate Boulevard
PARCEL NO: 227
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between GLORIA ANDERSON, (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
drainage, utility and maintenance over, under, upon and across the lands described in
Exhibit '%" (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 lhese 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, Owner shall convey the Property to Purchaser for the sum of $400.00 payable by
County Warrant (said transaction hereinafter referred to 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. Purchaser may install
drop curbing (for a driveway entrance only), when appropriate, at a location that is
mutually acceptable to the parties. However, if the parties are unable to agree
upon a mutually acceptable location, then lhe Purchaser shall have the right to
install said drop curbing where Purchaser deems appropriate.
2. 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.
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 conveyance instrument to Purchaser in a form acceptable to
Purchaser.
4. 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
Easement Agreement Page 2
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
5. 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.
6. 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 Properly 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 lille.
7. 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.
8. 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 lhe securing and recording a Subordination, Consent & Joinder of Easement
of/he mortgage(s) recorded against/he Property from the mortgagee(s).
9. 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.
10. 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, ils 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ... day of ,19.
Date Property acquisition approved by BCC: 4/28/98
Easement Agreement
ASTO PURCHASER:
DATED: I - ~ - ~'{
Witness (Signature)
(Print or Type) ~
Witness (Signature)
::Neme: ~IA~E ~0~
(Print or Type)
Approved as to form and
legal sufficiency.,
~-./~ ,:/, ../'/,?,," ,. ....
Heidi F. Ashton
Assistant County Attorney
Page 3
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Peme~ S. Hac'K~e, Ch~[:wom~n
_ , ¥ ,.....<-"..--~,,, j
Gloria Anderson
Address:
ECT NO. 63u~ 1
PROJECT PARCEL NO. 227
LEGAL DESCRIPTION & SKETCII
(NOT A SURVEY)
EXHIBIT "A"
The Nodh 15 feet of the South 65 feet of the East 75 feet of Tract 97,
Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of
the Public Records of Collier County, Florida.
?S FEE1'
WEST PROPERTY LINE
EXISTING FVW LINE
GOLDEN GATE B~.VD.
S(X/TH PROPERTY LINE
EAST PROPERTY LINE
15 FOOT DRAINAGE. UTILITY
" J' i AND MAINTENANCE EASEMENT
TT.=~ (ExISTI,G ~0 ~T. R/W EASEMENT)