Parcel 211MEMORANDUM
RECEIVED
CCT 2 7 )999
t~o~rd of Countj,
To:
From:
Date:
Subject:
Sue Filson, Administrative Assistant
Board of County Commissioners
Robert Texter'~
Real Property Specialist I
Real Property Management Department
October 26, 1999
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcel: 211/Eisele
Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S.
Mac'Kie concerning the above transaction. Please be advised that Robert Zachary, Assistant
County Attorney, has reviewed and approved the attached document.
The Board of County Commissioners of Collier County, Florida approved the acquisition by
gift, purchase or condemnation in Resolution 99-286, Item 8(B)(6), dated June 22, '1999.
Pursuant to the previous resolution 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.
Once the Agreements have been executed, please forward same to Ellie Hoffman, Records
Technician III, Minutes and Records Management, for attestation by the Clerk to the Board.
Ms. Hoffman will then call me at extension 8991 for document pick-up.
Thank you.
Attachment as stated
PROJECT: Golden Gate Boulevard
PARCEL: 211
FOLIO: 36914240001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between GEORGE EISELE and JOYCE E. EISELE,
husband and wife, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Flodda, its successors and assigns (hereinafter
referred to as the "Purchaser");
WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for
drainage, utility, and maintenance (hereinafter referred to as the "Easement") over,
under, upon and across the lands described in Exhibit "A", which is attached hereto and
made a part of the Agreement, described as follows, to wit;
SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference;
WHEREAS, the Purchaser requires a non-exclusive Temporary Driveway
Restoration Easement (hereinafter referred to as "TDRE") over, under, upon and across
the Owner's lands, for reconstruction of the existing driveway, described in Exhibit "B",
which is attached hereto and made a part of the Agreement, described as follows, to
wit;
SEE ATTACHED EXHIBIT "B", which is incorporated herein by reference;
WHEREAS, the Owner desires to convey the Easement and the TDRE
(hereinafter collectively referred to as "Properties") to the Purchaser for the stated
purposes, on the terms and conditions set forth herein;
WHEREAS, the Owner desires to be compensated for the Properties as well as
any improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the
conveyance of the Properties and for the improvements located thereon.
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser the Properties in exchange for the sum of
$1000.00 broken down as follows:
Easement $
Temporary Driveway Restoration Easement $
Improvements $
700.00
100.00
200.00
TOTAL: $ 1000.00
Owner accepts the above compensation as full payment for the
Properties, and for all landscaping, trees, shrubs, improvements and fixtures located
thereon, and for any damages resulting to the remainder, if less than Owner's entire
property was taken, and for all other damages in connection with the conveyance of
said Properties to Purchaser.
2. Purchaser shall pay Owner by County Warrant.
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 Propedies. At closing, Purchaser shall deliver
the County Warrant to 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 holders of any and all
liens, encumbrances, exceptions, or qualifications in and to the Easement, the
execution of such instruments that will, upon their recording in the Public Records of
Collier County, Florida, clear any and all encumbrances from the Easement. Such
instruments, including the TDRE, shall be provided to Purchaser on or before the date
of closing.
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 Properties and all uses of the Properties
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 Properties 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 Propedies to be sold to the
Purchaser, that the Owner has not received notice and otherwise has no knowledge of
a) any spill on the Properties, b) any existing or threatened environmental lien against
the Properties or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Properties. 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
instruments in the Public Records of Collier County, Florida. The cost of a title
commitment shall be paid by the Purchaser. 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 Easement 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 Properties 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 Properties before the Properties 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. Conveyance of the Properties, or any interest 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 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.
12. 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 '~-5" day of ~4: f0/ ,1999.
Date Property acquisition approved by BCC: 4128198 Resolution No. 98-107
Date Property condemnation approved by BCC: §/22/99 Resolution No. 99-286
AS TO PURCHASER:
DATE D: ~--..OC..z~ ~., / ,~? .~
ATTEST:
DWIGHT E. BROCK, Clerk
~:-_ ,~/~--//-.~,~/e pu ty 'Cie rk
Attest as to Chatraan's
signature onl.v.
BOARD OFC~3~kN-~'~)MMISSlONER$
PAlM'LA S. MA~IE, C~i~oman '
AS TO OWNER:
DATED: ~)Li.'/ 2 ~'/ /~'~
Witness (S~:j~atu/'e)..//,
Name: /~/'5'~'"/4"/"/~'/~ (--- }~Y]~ -~-.<',Y~ ¢""
(Print or Type)
Witness
Name:
(Prih~ or Typ~
GEO~LE~AJ~
4349 18"~ Place SW
Naples, FL 34116
(l~rint or Type)
Name: ~.~n~
(P~nt or Typ(~J'
J(~CE~E. EISELE
4349 18~h Place SW
Naples, FL 34116
Approved as to form and
Robert Z ac'~h a ~
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. 211
EXHIBIT
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the West 180 feet of Tract 65,
Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of
the Public Records of Collier County, Florida.
L
SCALE: f k~ · 100feet
15 FOOT ORAINAGE, UTILITY
AND MAINTENANCE EASEMENT
· · Project No.:
Parcel No.
63041
211 T
EXHIBIT "B"
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
The West 30 feet of the East 85 feet of the North 15 feet of the South 80 feet of the West 180
feet of Tract 65, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the
Public Records of Collier County, Florida.
2556413 OR: 2611 PG: 1478
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
11/15/1999 at OI:17PM DNIGHT ~. BROCK, CLERK
Retn:
REAL PROPRR?¥
COPIES
15,00
3.00
PROJECT: Golden Gate Boulevard
PARCEL: 211
FOLIO: 36914240001
EASEMENT
THIS EASEMENT, made and entered into this 3-_5' day of F__~~ , 1999, by
GEORGE EISELE and JOYCE E. EISELE, husband and wife, whose mailing address is 4349 18th
Place SW, Naples, FL 34116 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.)
WlTNESSETH:
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 NOT 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 drainage,
utility, and maintenance 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 under
threat of condemnation and is exempt from
documentary stamp tax
THIS CONVEYANCE ACCEPTED BY THEt
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. ~c~_ 2.f~,~ . I
OR: 2611 PG: 1479
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year
first above written.
Witness (~;]R~ture).// ,
Name: ~'~. ,-~ ,///,~,,~'~
(Print or Type)
Witness ~n~ure)
Name: ~~ ~.~~
~ in o ~'e)
Witness (~tur~)~ ,
Name: ~,~
(Print or Ty~e)
GEORGE EISELE
4349 18th Place SW
Naples, FL 34116
4349 18th Place SW
Naples, FL 34116
STATE OF
COUNTY OF /D //I fl/'
/~Lfo~re/going Easement was acknowledged before me this ,~,'?~ day of
L.~'~,~_., ,~/ 1999 by GEORGE EISELE, who js p. ersonally known to me or who has
prod~c~e~J ,/-~-~-~ L//--- as identification.~/~
(affix notarial seal)
(Signature of Nota~ Public)
STATE OF,
COUNTY OF
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
(~Th~ ~ore_qoing Easement was acknowledged before me this
by JOYCE E. EISELE, who?/.s personally known t~
Produced ,/:~Z~ ~2999 as identificat
(affix notarial seal)
(S'¢gnature of Notary Public)
~9.~ day of
me or who has
(Print Name of Notary Public)
NOTARY PUBLiC/Commission #:
My Commission Expires:
Prepared b/~~'~'~~/ee
Robert N. Zachary,
Office of the County Attorney
3301 East Tamlami Trail
Naples, Florida 34112
(941) 774-8400
PROJECT NO.
PROJECT PARCEL NO.
63041
211
EXHIBIT
*** OR: 2611 PG: 1480
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the West 180 feet of Tract 65,
Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of
the Public Records of Collier County, Florida.
NORTH PROPER'fY LINE
WEST PROPERTY
GOLDEN GATE BLVD.
180 FEET
EAST :RO:?TM
N
15 FOOT DRAINAGE, UTILITY
AND MAINTENANCE EASEMENT
T (EXISTING 50 FT. R/W EASEMENT)
SCALE: I inch = 100 feet
Collier County Real Property Management Department 10/04/99 10:4