Parcel 130 ATO:
FROM:
DATE:
INTEROFFICE MEMORANDUM
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specialist II.
Real Property Management Department
September 16, 1999
RECEIVED
£o,trd of Couat~ COaafssioners
RE:
Golden Gate Boulevard, Parcel 130 A
Project 63041 (Cypress Woods)
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 99-220,
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 attestation by the
Clerk to the Board.
If you have any questions regarding this matter, please contact me at 774-8991.
Thank You.
Attachment:
¢'ROJECT: Golden Gate lloulevard:'63OAl
PARCEl,: 130A!Cypress Wood
FO[.IO: 3676560{R~O7
EASEMENT A¢;REE?,IENT
Tills EASF. MENI' AGREEME. NT (hereinafter referred to as the 'Agreement") is made and entered into by and
betv.'een CYPRESS WOOD PRESBYTERIAN CIlURCII, INC, a }qorida non-profit corporation, (hereinafter
referred to as the "Owncr"l. and COI,[.IER COUNTY. a political subdivision of Ibe State of Florida. its successor~ and
assigns (hereinafter referred to as the "Purchaser"):
WI{EREAS. Purchaser requires a perpetual, non-exclusive easement for drainage, sidewalk, ulility and maintenance
purposes over. umler, upon anti across the lands dcscrih,-'d in Exhibit "A" (said easement hereinafter referred to as the
"Proper~y"). wi"ch is allachcd hereto anti made a part of this A~rcemcnt;
SEE ATTA('I lED I:.XlllIHT "A~. ~,hich is incorp~rated herein by refcreoce;
WIIF. RI£AS. the Purchaser requires a perpetual, non-exclusive Temporary Driveway Restoration F. ascmenl over,
under, upon anti across the lamls, for reconslructing Ihe driver, ay. descrd'x'd as
SEE A'VFA('I lEI} EXlllItlT "Il", which is incorporated herein by reference;
WHEREAS. the Owner desires to convey lhe I:.aserm'nt and the Temporary I)riveway Restoration Easement Io the
Purchaser for thc stated puW, ose¢~, on the te~s and conditions set forlh herein;
WI[ERF. AS. Ihe Or, nee desires to be compensated fi~r the I{asemenl and the Temporary I)rives',ay Resloration
Easement. as well as an). improvements |ocated Ihereon:
WIIEP. EAS. the P,lrchaser has agreed to compensate the Owner for the granting of the Easement and the
Temporary Driveway Restoration Easement {hereinafter col;ectively referred to as 'Properties~} and for the improvements,
over. tinder, upon, and across the Properties.
NOW I lII~RF. FORE.. m consideration of these premises, the sum of 'fen Dollars {$10.00), and other got~t and
valuable consideration, the receipt and suft'lciency of winch are hereby mutually acknowledged, it is agreed by and
belwcen the parties as follov, s:
1. Owner shall grant Purchaser the Properties in exchange for the sum of $0,200.00. broken down as follows:
Easement $ 7,500.00
Improvements $ 1,200.00
Temporary I)riveway Restoration Easemenl S 500.00
TO'FAI,: S 9.200.00
· Owner accepts Ihe above compensation as fisll payment fi~r the Properlies. anti for all landscaping, trees, shrubs,
improvements and fixtures located thereon, and fi~r any damages resu[ting to the remainder, if less than Owner's entire
property was taken, and for all olher damages in connection with the conveyance of said Properties to Purchaser. 2. Purchaser shall pay Owner by County Warrant.
3. 'l]lis Agreement shall he null anti void. anti of uo fiirlhcr force or effect, unless closing shall occur within ninety
(90} days from the date Purchaser executes this Agreement; provided; however. Ihat Purchaser shall have the unilateral
right to extend the term of this Agreement. pending receipt of all properly executed instruments affecting Purchaser's
enjoyment of the Properly. At closing, Purchaser shall deliver the County Warrant Io Owner and Owner shall deliver the
Properties to Purchaser in an instrument acceptable to Purchaser.
4. Prior to the closing. Owner shall obtain from the hoklers of any and all liens, encumbrances, exceptions, or
qualifications in and to tile Easemcnl, the excculion of such inslrumenls that will. upon Iheir recording in the Public
Records of Colher County. Elorida, clear any anti all encumbrances from the Easement. Such instruments, including the
TemporaD. I')riveway Restoration Easement, shall be provided Io Purchaser on or before the date of closing.
5. Conveyance of the Propertte~, or any inlerest in the Properties, 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 Agreemenl and understanding of the parties, and lhere are no olber prior or contemporaneous
written or oral agreements, undertakings, promises, warranties, or covenants not contained herein.
6. Owner ~s aware and understands lhat the "offer' Io purchase represented by lhis Agreement is subject to
acceptance and approval by the Board of County Commissioners of Collier County, Florida.
7. Owner represenls that the Properties anti all uses of the Properties have been and presently are in compliance
with all Federal. State and I.ocal environmental laws: thai no hazardous substances have been generated, stored, treated or
transferred on the Properties except as specifically disclosed 1o Ibe Purchaser; that the Owner has no knowledge of any spill
or environmental law violalion on any property contiguous to or in Ihe vicinity o£the P. operties to be sold to the Purchaser,
that the Owner has not received notice anti olherwise has no knowledge of a) any spill on the Properties, b) any existing or
threalcned environmental lien against the Properties or cl any lawsuil, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of ha;,ardous substances on the Properties. This provision shall survive closing and is
not deemed satisfied by conveyance of title.
P~ge 2
X. ¢)v, ner *.hall ,ndemnffy. defend...ave and hold harmle~ Ibc Purchaser ngain~l und from. and m rcimhur~ the
l)urcha~cr ~th ~c'~'c~ Io. any and ail (lamage~. clam~. II~hdillC~. law~, co~ts a~d cx~nscs (including withoul limitation
~ean(mablc parulcgal and alh,rncy I~c~ and cx~o~ ~hcthcr m court, oul of couP. in bankruptcy or administ~tivc
precedings or on appall. ~.nahies or fines incmrcd by or a~ncfled against Ihe Purchaser by reason or arising out of the
breach of O~ncr'n tcprc~cntal~m under Sectmn 7. lhtn pfoxision ~hall survive chasing and is not deemed satisfied by
conveyance of title.
O. ~he Purchaser shall pay f~r all costs of recording t~ conveyance instruments in the Public Records of Collier
Counly. Florida. All olhcr cosls as~iated wflh Ibm transaction including but not limited to transfer, d~umenta~ and
intangible taxes, and recording costs fi~r any curative instn~nts shall ~ ~me ami pard by Owner. Owner shall ~
rcs~ns~ble fi~r paying any costs anti'or fees as~<~alcd ~ith the securing anti recording a Su~rdinatmn, Consent & Joinder
of Ease~nt of the moagagds} recorded against the Ease~nl from the mortgagee{a}.
10. 'l]~ts Agreement and the te~s and provision~ hereof shall ~ effective as of the date this Agreement is executed
by ~th pa~es and shall mute lo the ~nefil of and ~ binding u~n the pafliea hereto and their res~ctive heir, executors.
~.rsonal representatives, successors, sllccegM}r trustees, a~tor assignees, ~'henever Ihe co~lexl ~ requires or admits.
I I. If thc Owner holds lhe ['rosettes in {he fn~ of a pa~nership, limited paanership, co.ration, trust or any
fi~m~ of representative capacity ~ hat~vcr fi~r others. (]wncr shall make a wrilten public dimlosure, according to ~apter
286. I.'lorMa Statutes. tlnde* oath. of Ibc name and address of eve~ ~rson having a ~neficial interest in the Pro~ies
~fore Ibc I'[o~rt~c~ hchl m ~uch capacfly ts conveyed h} I'urcha~r, ils successors and assigns. {lf thc co.ration is
rcgislered ~ lib lhe Federal ~cuntles Exchange ('ommiss~*m or regislcred purnuant lo ('hapter 517. Florida Stat~tcs. whose
st~k is f~r sale t~ the general puhhc. ~t ~ hereby exempt from lhe provisions of ('haptcr 286. florida Statutes.}
12. I'h~ A~rccment is g~vcrncd and c(~nslrued in accordance with the laws of Ihe State of Florida
IN ¥,'ll'Nli,'4.% WIII:RI'¢}F. tire partzcn hereto ha',e executed Ihis Agreement on thm cd~,,day of
?~.p'Xc_.,w,~.g.. l" ea.O~.·
Dale Property at.'qUlSltlon approved by Itt'{' 4 2E
Dated Property condemnation
AS IO
ATI'ES r:
DWIGIrI' i:. BR{K'K, ('leek
· Deputy Clerk
Ag ~0 OWNER:
approved by BCC: 4-27-99 Res. No.g9-;220
BOARD OF (;OUNIY ('OMMISSIONI'~RS
('OI.I.II;R$"OUNIY, I:I.ORI~A . ~ /
('YPRI:.SS WOOl} I'RF..'qllY'I ERIAN (_'IIURCll.
IN(:.. a Florida non-profit corporanon
Address: 123 Plantation Cir¢lc
Naples. Fl. 34104
Approved as to fi)tm and
legal sufficicncy:
Ileidi F. Ashton
Asslstanl ('ounty Attorne',
PROJECT NO. 63041
PROJECT PARCELNO. 130A
LEGALQE.S.(:; BIEZt DJ'L &.,,~j'-~TjD ~
(NOT A SURVEY)
The South 25 feet of the North 75 feet of Tract 97, Golden Gate Estates
Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of
Collier County, Florida.
hlORTH PROPERTY LII',~E
(EXISTING 50 FT. PjW EASEMEiIT)
/
25 FOOT SIDEWALK. DRAIr,IAGE,
UTILITY ArID MAINT. EASEMENT
(GOLDEN GATE BLVD.)
330FEEl
SOUTH PROPERTY LItlE ]
N
SCALE: 1 tr~:h = 1O01eel
P~'oject: Golden Gatc Boulevard,63041
Parcel: 130A
EXIIIBIT "B'
TIlE EAST '70 FEET OF THE WEST 1.10 FEET OF TIIE SOUTH 30 FEET OF TIlE NOR'I'll I05 FEET OF TRACT 97,
GOLDEN GATF ESTATES UNIT NO 4. AS RECORDED IN PLAT BOOK 4, PAGE 79 OF TIIE PUBLIC RECORDS
OF COLLIER COU:~TY. FI.OP,. IDA.
Memorandum
TO:
FROM:
DATE:
SUBJECT:
MAUREEN KENYON, CLERK OF THE BOARD
JEAN JOURDAN, SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT DE~NT
FEBRUARY 7, 2000
AGENDA ITEM: 8 (B) (4)
APRIL 27, 1999
ATTACHED ARE THE FOLLOWING ORIGINAL DOCUMENTS FOR YOUR SAFE-
KEEPING COMPRISING OF ONE (1) EASEMENT AND ONE TEMPORARY
DRIVEWAY RESTORATION EASEMENT ACQUIRED FOR THE FOUR LANING OF
GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND WILSON
BOULEVARD.
OFFICIAL RECORD BOOK & PAGE NUMBER:
2615/2628-2630
2615/2631-2633
CC:
A.N. KORTI, PUBLIC WORKS ENGINEERING DEPARTMENT
PROPERTY APPRAISER' S OFFICE
CONTRACTOR' S FILE
REAL PROPERTY MANAGEMENT DEPARTMENT
2561848 OR: 2615 PG: 2628
~CO~DBD in O~ICI~ ~BCO~DS of COLLIBit COUNYY,
11/30/1999 at 09:38~ D~I~Y g. BROCK, CLHRK
PROJECT: 63041 (Golden Gate Blvd.)
PARCEL: 130A/Cypress Wood Retn~
FOLIO: 36765600007
INTBR OFFI~
COPIBS
15.00
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THIS EASEMENT granted this ~._~yh day of ~rLL~S~ , 19~, by
CYPRESS WOOD PRESBYTERIAN CHURCH, INC., A ~ FLORIDA NON-PROFIT
CORPORATION, as Grantor, to COLLIER COUNTY, a political subdivision of the State of
Florida, 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 or assigns.)
WlTNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby
acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary
Driveway Restoration Easement (Easement) to enter upon the lands described as follows
(the "Easement Area"):
See attached Exhibit "A", which is
incorporated herein by reference.
The Easement Area, which is adjacent to the Easement conveyed by the Grantor to the
Grantee, shall be used by Grantee for the purpose of filling, grading and placing concrete,
asphalt or rock, on the Grantor's lands for the purpose of constructing, with materials of like
kind, a driveway/turnout and/or to provide for continuous transition between the existing
driveway and the newly constructed road, sidewalk, and drainage improvements on Golden
Gate Boulevard. This Easement shall expire upon completion of construction or August 31,
2004, whichever occurs first. However, if construction is not completed by August 31, 2004,
this Easement shall automatically extend to August 31, 2005. Grantee shall use its best
efforts to restore the existing landscaping, plantings and light fixtures within the Easement
Area to its original condition. Grantor and Grantee are used for singular or plural, as the
context requires.
THIS IS NOT HOMESTEAD PROPERTY
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed
the day and year first above written.
WitneSs (Signature)
Name: l~;e..~¢~ i~.
(Print ~-ype)
CYPRESS WOOD PRESBYTERIAN CHURCH,
INC., a Florida non-profit corporation
PresidentNice-P_.~ident
Address: 123 Plantation Circle
Naples, FL 34104
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY CO;~,TSSTONERS,
COl ~', rp ,]r)~lr,l-:' , ~_C:.
PURSUANI lO THE PROVZSiONS
SOLUnO
OF
OR: 2615 PG: 2629
COUNTY OF (']._ { I~,/'
The foregoing Temporary Driveway Restoratiqn E,a/se~ment was~knp~(ledg.ed before
me this "~day of ~r~! j/--( , 1999, by ~ o'! I:'~>./J '~ ~-, J/~, ~'-/':~--Name),
'-~¢ £:/~ >~ ' '('~itle), Un be~_~ ,',LCy~,ress Wccd P.~.~byterian Church, Inc., a
Fiorida non-profit corporation, wo~ personally known to me~ or who has produced
as identification."-"~
(affix notarial seal)
.~.~,,, ,~o~ (Print Name of Notary Public)
,~*. '~.,,o,.,'.'~ NOTARY PUBLIC
.-,.-.r~,- ~ Serial/Commission #
My Commission Expires:
OR: 2615 PC: 2630
EXHIBIT "A"
THE EAST 70 FEET OF THE WEST '140 FEET OF THE SOUTH 30 FEET OF THE NORTH
'105 FEET OF TRACT 97, GOLDEN GATE ESTATES UNIT NO. 4, AS RECORDED IN PLAT
BOOK 4, PAGE 79 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PROJECT:
PARCEL:
FOLIO:
GG Blvd.
130A/Cypress Wood
36765600007
2561849 OR: 2615 PG: 2631
11/20/1990 at 09:38A!( D~I611? I. BROC[, CLBH
COIS 0200.00
nC FIB 15.00
COPISS 2.00
Retn:
RBAL PROPBRTY
BIT 8901
IFFBR OFFICE
THIS EASEMENT, made and entered into this _~day of /~? ~. ~ , 19~L~_,
by CYPRESS WOOD PRESBYTERIAN CHURCH, INC,, a Florida non-profit corporation,
whose mailing address is 123 Plantation Circle, Naples, FL 34104 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 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 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 date
and year first above written.
Witness (Signature)
Name:
(Pr
CYPRESS wood PRESBYTERIAN CHURCH,
INC., a Florida non-profit corporation
PresidentNice-E~sident
Address: 123 Plantation Circle
Naples, FL 34104
THIS CONVEYANCE A~CEPTED BY THE
BOARD OF COUt4TY ~ ..... hERS,
OR: 2615 PG: 2632
O.
COUNTY OF c
.^ The foregoing Easement w. as..acknowledged before me th~s ~ day of
J/-%.~ (' ,, /, "[. , 1999, by V'~.JL~.,.,~ ~. ~,~,,~7".,~--- (Name)
'-["P-/, c..~. ~ (Title) on behalf of C resbyterian Church, Inc., a
FlOrida-non-I~ro/it corporation, who ~=rr~onally kno_wn to me_,,~or who has produced
as identification.
(affix notarial seal) ~"..~
JAMES <D STEWART JR
My Commitsion CC510122
Expires Nov. 15. 1999
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #
My Commission Expires:
PROJECT NO.
PROJECT PARCEL NO.
63041
130 A
OR: 2615 PG: 2633
EXHIBIT_.. .
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The South 25 feet of the North 75 feet of Tract 97, Golden Gate Estates
Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of
Collier County, Florida.
NORTH PROPERTY LINE
(EXISTING 50 FT. R/W EASEMENT) (GOLDEN GATE BLVD.)
/
EXISTING R/W LINE
25 FOOT SIDEWALK, DRAINAGE, /
UTILITY AND MAINT. EASEMENT
WEST PROPERTY LINE
N
EAST PROPERTY LINE
330 FEET
SOUTH PROPERTY LINE T
SCALE: 1 inch = 100fee!
Collier County Real Proper~ Management Deparlmen! 07/23/98 2:46 PM