Parcel 142RECEIVED
TO:
FROM:
DATE'
INTEROFFICE MEMORANDUM
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specialist II/.~~
Real Property Management Departmen!:///
August 27, 1999
RE:
Golden Gate Boulevard, Parcel 142
Project 63041 (CARPENTER)
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 98-107, Agenda Item
16.B.1, dated April 28, 1998, the Board has authorized its present Chairman 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.
The Board of County Commissioners of Collier County, Florida approved
acquisition by gift, purchase or condemnation pursuant to Resolution 99-220,
dated April 27, 1999.
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: Golden Gate Boulevard
PARCEL NO: 142
FOLIO: 36810960003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between KENNETH L. CARPENTER AND NANCY A,
CARPENTER, husband and wife (hereinafter referred to as "Owner"), and COLLIER
6OUNTY, a political subdivision of the State of Flodda, its successors and assigns
(hereinafter referred to as "Purchaser");
WHEREAS, County has requested that Owner convey to the County two (2)
perpetual, non-exclusive easements for the purposes described on Exhibit "A" (said
easements hereinafter referred to as the "Property", which is attached hereto and made
a part of this Agreement) which may include sidewalk, drainage, utility and maintenance
purposes over, under upon the Property.
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:
1. Owner shall convey the Property to Purchaser for the sum of $2,100.00, 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.
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, propedy 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 ninety (90) 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 all propedy executed
instruments 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. 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.
5. 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 PJrchaser; 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
Easement Agreement
Page 2
on the Properly 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 or' the Properly 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.
6. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser with respect to, an,/ 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 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. 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 Properly from the mortgagee(s).
8. 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.
9. 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 Properly hold 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.)
10. 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.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement
Page 3
IN WITNESS V~HEREOF, the padies hereto have executed this Agreement on
this~?-z~ day of ~ ,19 ,~ .
Date Property acquisition approved by BCC: ~
Date Property condemnation approved by BCC: 4/27/99 Res. No. 99-220
AS TO PURCHASER:
DATEO:_~~ ,z~ / ?,~'
A'FI'EST:: r.., j~
DWIGHT E. BROCK, Clerk
£~.j~'//~/1~ ~, Depu-ty'Clerk
Atte~,ms to Ch~l~'$
slgnmtu~ ~ly.'.
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pamela S. Mac'Kie, Ch'airW'oman
DATED:
Witness (Sig~da"tfJre)
Name: Z~, ,.'~ ,~,V
(Print or Type~
W~~g/atu re)
Name: ~~
(Print or T~pe)
Name: ~ , /~1~
(Print or Type)
(Print or Type)
Approved as to form and
legal sufficiency:
.~ Heidi F'. As~ht;n
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL r,,IO. 142
(NOT A SURVEY)
(SDUE) - The South 25 feet of the Nodh 75 feet of the West 180 feet of
Tract 17, LESS the West 30 feet thereof, Golden Gate Estates Unit No.
5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier
County, Florida.
(DUE) - The South 15 feet of the Nodh 65 feet of the East 150 feet of
Tract 17, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4,
Page 91 of lhe Public Records of Collier County, Florida.
PROPERTY tINE
;ExlSflr~G 50 FT r5"~¥ EAS~ME~If}
E XISIIHG F,",'t ~ ~NE S [ .... ·
WEST PROPERTY LIHE
:~FT ~FT,
I
SODTH PROPERTY LINE
FEET : ...............
iS F~
25 FOOT S DEWALK. DRAIN&(
~tlO MAI,"ITEtlANCE EASEMEI',
30~FEET
I' DRAINAGE, UTILI1,Y
dflT. EASEME!IT (DUE)
, UTILI
(SDUi
EAST PROPERTY LINE
SCALE: 1 Inch · 100 feel
Memorandum
TO:
FROM:
DATE:
SUBJECT:
MAUREEN KENYON, CLERK OF THE BOARD
JEAN JOURDAN, SENIOR SPECIALIST ~.~.
AGENDA ITEMS: 8 (B) (4) & 8 (B) (5)
APRIL 27, 1999 & JUNE 22, 1999
ATTACHED IS THE FOLLOWING ORIGINAL DOCUMENT FOR YOUR SAFE-
KEEPING COMPRISING OF (1) ONE EASEMENT ACQUIRED FOR THE FOUR
LANING OF GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND
WILSON BOULEVARD.
OFFICIAL RECORD BOOK & PAGE NUMBER:
2601/2926-2928
CC:
A.N. KORTI, PROJECT MANAGER, PUBLIC WORKS ENGINEERING
DEPARTMENT
PROPERTY APPRAISER'S OFFICE
REAL PROPERTY MANAGEMENT DEPARTMENT
Retn:
REAL PROPERTY
BZT 8991
INTER OFFICE
2543951 OR: 2601 P-G: 2926 ¢o,,s
RECOPIED in the OFFICIAL RECORDS of t. ,ER COUNTY, FL REC FEE 15.00
10/14/1999 at 01:21PN D#IGHT B. BROCK, CLKRK COPIES 3.00
PROJECT: Golden Gate Boulevard
PARCEL: 142
FOLIO: 36810960003
EASEMENT
THIS EASEMENT, made and entered into this day of ~-~f~xd2~l ,
19 c~ by KENNETH L. CARPENTER AND NANCY A. CARPENTER, hg~band and
wife, whose mailing address is 60 31st St. SW, Naples, FL 34120, 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, two (2)
perpetual, non-exclusive easements, licenses, and privileges for the purposes
described on Exhibit "A" which may include 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 HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, remove all landscaping, trees, shrubs, improvements
or fixtures located thereon and take materials for the purpose of constructing, operating
and maintaining 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
date and year first above written.
WITNESSES: ~
~ (~rint or Typ~
' ess
(~dnt or lype)
~0~ n~jsLt: ~ av~P e~nte r
Naples, FL 34117
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COH'TSSTONERS,
COi' !:u ,]C!~NT',', ;'LO?InA,
PURSU/,.N'i l-O THE PROVISIONS
OF RESOLUTION NO.
OR: 2601 PG: 2927
Name: ~-////4P.,f2 ','~~O~/~
(Print or Type) v
~ss (i~_~tum') /
(Print or Type)
60 31st St. SW
Naples, FL 34117
STATE OF ,/-~'~, ~
COUNTY OF~
The foregoing Easement was acknowledged before me this ,,~'~ day of
/~'J~,t,~,3/~, 1999, by Kenneth L. Carpenter, who is personally known to me or who has
~ro~ced ._/'~'./~,'~ as identification.
(affix notarial seal)
Ltllian Jean Jourdan
~"-~"~ Commissio~ # CC 753113
Expires June 21, 2002
BONDED THRU
A'~! ANTIC BONDING CO., INC
at6 r-e-6{ N ot 'yu 6, ic)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:.
My Commission Expires:
STATE OF
COUNTY OF ~z~-~
foregoing Easement was acknowledged before me this ~,~./'.'~..day of
The
1.~9)9~ b.y Nancy A. Carpenter, who is personally known to ~',,,~ ~,, ~vho has~
,/..-/,~_~ /---/~. as identification.
(affix notarial seal)
Lillian Jean Jourdan
~ Commissio~ # ~ 753113
Expire~ ~ 21, ~2
BONDED THRU
ANT C BONDING CO..
Prepared by:./~~'-~.~. ~
Robert N. Zachary,~Esqtnre
Office of the County Attorney
3301 East Tamiarni Trail
Naples, Florida 34112
(..~1) 774--8400
' (S,,i~r~atu~e ~f N~a/~Pu~,ic)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
PROJECT NO. 63041
PROJECT PARCEL NO. 142
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
(SDUE) - The South 25 feet of the North 75 feet of the West 180 feet of
Tract 17, LESS the West 30 feet thereof, Golden Gate EStates Unit No.
5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier
County, Florida.
(DUE) - The South 15 feet of the North 65 feet of the East 150 feet of
Tract 17, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4,
Page 91 of the Public Records of Collier County, Florida.
(EXISTING 50 FT. R/W EASEMENT)'
I '.
EXISTING R/W LINES ~, !
I
I
I
I
I
WEST PROPERTY LINE
NORTH PROPERTY LINE
30 FT
SOUTH PROPERTY LINE
15 FOC
AND M
I
30 FT'
~ , ,
25 FOOT SIDEWALK, DRAINAGf
AND MAINTENANCE EASEMEI
300 FEET
I'
'T DRAINAGE, UTILITY
~INT. EASEMENT (DUE)
UTILITY
(SDUE)
N
EAST PROPERTY LINE
SCALE: 1 Inch = 100 feel
Collier County Real Property Management Deparlment -' 06/30/98 3:44 PM