Parcel 109 RECEIVED
SEP 2 9 1999
~)ard of County CommIssioners
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specialist
Real Property Management Department/'*:--
September 28, 1999
RE:
Golden Gate Boulevard, Parcel 109
Project 63041 (Poff)
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 Commissioners 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 99-222,
Agenda Item 8 B. 4, dated April 27, 1999.
Once the Agreement has been executed, please forward same to Ellie Hoffman,
Records Technician III, Minutes and Records Management, for attestabon 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: 109
FOLIO: 36712420007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between HARRY C. POFF AND R. SIRENA POFF,
husband and wife (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 "A" (said easement hereina~.er 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:
1. Owner shall convey the Property to Purchaser for the sum of $1,300.00, 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 dght 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 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 Pumhaser, 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,
Easement Agreement Page 2
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, 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
coud, in bankruptcy or administrative proceedings or on appeal), penal[les 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 Property 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 padies 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
Statules, 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.)
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this .~ day of .(~
Date Property condemnation approved by BCC: '~127/99 Res. No. 99-222
AS TO PURCHASER:
DATED:~__,]~/, / ,~,,~
· ATTEST:
DWIGHT E. BROCK, Clerk
"E'z.z./'~-//~',~'~4J, DepUty Clerk
Attest as to Chalni~'$
sIgnatur~ o~15.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: m~an~
Easement Agreement Page 3
AS TO OWNER:
~/~1'r~ess (Signp~'m.~'/-- - ,
Name: /' _ z/~ 4/,/
"--.-J t (Print or Type) "~
witn~s}-(Sig,n..~r~¥...,~.._~ ' / R. Sirena' Poff z.,/...¢¢¢_~ .
Name: .,/-,/~,¢'/v' ~.J. ~-x.,,,Z~,,'2 ~
V~it n,es~ (Signature
(Print or ~ype
Approved as to form and
legal sufficiency:
.~ Heidi F. AsH'tb"n
Assistant County Attorney
PROJECT NO.
PROJECT PARCEL NO.
63041
109
L F-,G A L_~E,_S_.O_Bi P TI 0 N A_.S_ K E_T_.C_ H
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the West 180 feet of Tract 40,
Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of
the Public Records of Collier County, Florida.
}TO{1TH PR0CERTY lINE
1
FEET
WEST PROPERTY
EXISTItJG RAN LII'JE
EAST PRO¢'ERTY LINE
N
15 FOOT Dr'~,INAGE . UTILIT~
AND MAINTENANCE EASEMENT
........ t ........ ' ....
SOIJTH PROPERTY tINE T
SCALE: linch = 100feet
Memorandum
TO:
FROM:
DATE:
SUBJECT:
MAUREEN KENYON, CLERK OF THE BOARD
JEAN JOURDAN, SENIOR SPECIALIST ~,~.
REAL PROPERTY MANAGEMENT
FEBRUARY 17, 2000
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-/2515-2515
CCi
A.N. KORTI, PROJECT MANAGER, PUBLIC WORKS ENGINEERING
DEPARTMENT
PROPERTY APPRAISER'S OFFICE
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: Golden Gate Boulevard
PARCEL: 109
FOLIO: 36712420007
EASEMENT
2543779 OR: 2601 PG: 2515
RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL
10/14/1999 at 10:02AM DWIGHT E. BROCK, CLERK
CONS 13000.00
REC ~ 10,50
COPIES 2.00
Retn:
REAL PROPERTY
EXT 8991
IN?ER OFFICE
THIS EASEMENT, made and entered into this ~ day of ~/' ,
19._~_, by HARRY C. POFF AND R. SlRENA POFF, husband an'~-'W~'fe,'whose mailing
address is 3790 1st Avenue NW, 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, a
perpetual, non-exclusive easement, 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 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.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
WITNESSES:
Name: /_~/~
/~/itnes~ natu re)L/
ACCFPTED BY '[HE
~SERS,
PROVISIONS
OR: 2601 PG: 2516 ***
Page 2
L
· W~n~s(Sigr~r~./ . R. Sirena P'~ff '
Name:/--//'~/~,,,/' .,d
(Print or Type)
(Print or Type)
Lillian Jean Jourdan
~, Cornmission# CC 753113
Expires June 21 2002
BONDED iHI~U
%Ti AI~TIc BONDING C~)..
COUNTY OF
The foregoing EASEMENT was acknowledged before me this ,~.J~'~ day of
~'/--L"~C L ;,.1(_999, by HarWasC.identification.POff and is personally known to me or who has produced
¢~~of~~ ~/ /
(Print Name of Notaw)
Commission ¢
My Commission Expires:
The foregoing EASEMENT was acknowledged before me this ~,3~'¢t'/day of
i1999, by R. Sirena Poff and is personally known to me or who has produced
d_.. as identification.
(Affixn ota rial seal)
(Print Name of Notary)
Commission #
My Commission Expires:
Lillian Jean Jourdan
~'~ C0mmissi0n # CC 753113
Expires June 2% 2002
BONDED THRU
ATI.ANT C BONDING CO., INC
Prepared 6_y:/.~__. ~.)_
Rob~ N. ~:acttary, E'squlr®
,,,c~ the County Attorney
3~1 East ]%miami Trail
Napes, Florida ~112
(~ 1) 774-~
L E GA L_.D E S_C RI__P]'I 0 N. &_S t_~ETC it
(NOT- A SUf~VEY)
-l-t~e l'.~u~ th 15 feet of ttle Soutll 05 feet of ll~e West 180 feet of Tract 40,
Goldei~ Gate Estates Ui~it No. 3, as iecolded iI~ Plat Book,l, Page 77 of
ttle Public Rocords of Collier County, Florida.
Itt)It 111 PRL)['EIt I Y LINE
180 FEET
WESf PR()PERTY LINE
EXI$ I It'IG RPA,' LINE
(GOLDEH GAl E BLVD.} /
EASI I'Rr,)PER1Y Lille
I5 FOOl I;,RAIr,IAI:IE , UIII_I ILI
Al.ID MAIN 1 Er.IAIHCE EA.qI£ME H 1
{EXISTING 50 Fr. ruw EAoEMEHI
SCALE: liuch = lO0leel
C¢im UouIlly Real PfoF~rly IL,In age ,eul Depadmenl 06/26fg8 I:06 PM