Parcel 237REAL PROPERTY MANAGEMENT
DEPARTMENT
RECEIVED
SF_P 2 0 1999
~oard of Cou~l:.~ Coe~issioners
TO:
FROM:
DATE:
RE:
SUE FILSON
ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
DEENA L. QUINN '~/'~
SENIOR SPECIALIST
SEPTEMBER 20, 1999
GOLDEN GATE BOULEVARD IMPROVEMENT PROJECT: APPROVED ON
JUNE 22, 1999, AGENDA ITEM #8B7
ROBERT D. SAVIDGE and ERLA MAE SAVIDGE, PARCEL 237
Attached for execution, please find one (1) Easement Agreement between Collier County and
Robert D. Savidge and Erla Mae Savidge.
Please note that pursuant to Resolution No. 98-107, Paragraph 8, 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 the acquisition by gift, purchase or
condemnation in Resolution #99-287, dated June 2, 1999.
Please have the document executed by the Chairwoman of the Board of County
Commissioners. The document can then be forwarded to Ellie Hoffman, Records Technician
III, Minutes & Records ManagementJClerk of Courts, for attestation by the Clerk of Courts.
Ms. Hoffman will then call me at extension 8991 for a copy of the document to be retrieved.
Thank you.
Attachment as stated
,!
PROJECT: Golden Gate Boulevard
PARCEL NO: 237
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between, ROBERT D. SAVlDGE and ERLA MAE
SAVlDGE, 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 hereinafter referred to as the "Property"), which is attached
hereto and made a pad 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
(S10.00), 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 Properly to Purchaser for the sum of $600.00, payable by
County Warrant (said transaction hereinafter referred to the "Closing"'). Said
payment shall be full compensation for the Properly 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 the 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, sh;41 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.
Easement Agreement Page 2
5. Owner ,s 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 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.
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 the securing and recording a Subordination, Consent & Joinder of Easement
of the mortgage(s) recorded against the 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 Properly 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, 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.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
IN WITNESS oWHEREOF, the parties hereto have
thisbe:),_ ~:t~day of ,~¢--_~,e,t-~ , 19~.'~ .
Date Property acqumition approved by
BCC: 6/22/99. Reselution No. 99-287
executed this Agreement on
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK. Clerk
., D.eputy Clerk
Attes~c as
signature cml./,
AS TO OWNER:
>~. ~, ..ATED:
Witness (Signature!
Name:]
(Print or Type)
Witness, (Signature)
Name:/// , :f ' i
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:Pamela S7 Ma~rKi~'', Ch~irv~ma'~-
Robed D. Savidge , ;7 .
Address: I[ '/ ~' 1.?,.,, ~;l .... (~ .... iiY
:~'" V '.,
Witne§s (Signature) ,
Name:) .. :, ,~ ~, < \ ~ ',.:;
(Print or Type)
Witness (Signature) ,
Name//FI/7'/ 1' "'; ' ,t/"
(Print or Type)
Erla Mae Savidge
Address: ~ -:' ,' ,', ',' ~ /~ :, ~LI
,'t~'f ,,.~,~.,~ ,', /., .~ -' '."~' ,~
Approved as to form and
legal sufficiency.
Heidi F. A~,hton
Assistant County Attorney
,ECT NO, 63
· PROJECT PARCEL NO. 237
EXHIBIT "A"
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the West 180 feet of Tract 1,
Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, PaGe 101,
of the Public Records of Collier County, Florida.
NORTH PROPERTf title
I
FEET
',',EST PROPERTY LINE
GOLDEN GATE BLVD.
SOUTH PROPERTY L;~'~E T
,SCALE,:
2558244 OR: 2612 PG: 3258
RECORDED in OFfiCIAL RECORDS of COLLIER COUNTY, ~n
11/18/1999 at 01:36PM DWIGHT E. BROCK, CLERK
CONS 600.00
RHC FHB 15,00
COPIHS 3.00
Retn:
RHAL PROPBRTY
EXT 8B9I
INTER OFFICE
PROJECT:
PARCEL:
FOLIO:
Golden Gate Boulevard
237
37060040002
EASEMENT
THIS EASEMENT, made and entered into this.?dr day of O'<~ ,
1999, by ROBERT D. SAVlDGE and ERLA MAE SAVlDGE, husband and wife, whose
mailing address is 1628 Belvedere Road, Port Deposit, Maryland 21904, 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 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.
This property, has been acquired unde?
threat of conde, mna~.ion arid is exempt from
documentary stamp tax
THIS CONVEYANCE ACCEPTED BY
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PRQVISIONS
,o.
OR: 2612 PG: 3259
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
WITNESS:
~_~gna'tb ~e)
(Printed N~me)
(Signature)
(Printed Name)
~ignature)
(Printed Name)
(Signature)
(Printed Name)
Robert D. Savidge
Erla Mae Savidge
STATE
COUNTY OF
The foregoing Easement was acknowledged before me this ~ ~ day of
¢ c~'- , 1999, by Robert D. Savidge, who is personally_ known t,o me or who has
produced as identification.
,. ~"signature of ~z~ary Public)
-, (Print Name of Notary Public)
: NOTARY PUBLIC
, " Serial/Commission #:
'~ "' ' ' Commission
STATE OF ~' ~v ~ ~
COUNTY OF ~ ¢~ ~_~
The foregoing Easement was acknowledged before me this ~ day of
~ ¢.¥ , 1999, by Erla Mae Savidge, who is personally known to me or who has
produced as identification.
(Signature Q~c,N'otary Public)
...,./ . NOTARY PUBLIC
· ' '"' Serial/Commission #:
:~ ;:; My Commission Expires:
' - . ' ' ' Robert N. Zachaty/Esqulr®
'"-'.': "' ' Office of the County Attorney
33~01 East Tamlaml Trail
Naples, Florida 34112
(941) 77~
PROJECT NO. 63
PRO3ECT PARCEL NO. 237
OR:
2612
PG:
3260
EXHIBIT "A"
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the West 180 feet of Tract 1,
Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101,
of the Public Records of Collier County, Florida.
NORTH PROPERTY LINE
WEST PROPERTY LINE
EXISTING PJW LINE
GOLDEN GATE BLVD,
180 FEET
EAST PROPERTY LINE
N
-- 15 FOOT DRAINAGE, UTILITY
AND MAINTENANCE EASEMENT
(EXISTING 50 FT. R/W EASEMENT)
SOUTH PROPERTYLINE T
SCALE: 1 inch = 100 leer
Collier Coun~ Real Propart7 Management Deparlmant
06/23/98 12:2!