Parcel 254TO:
MEMORANDUM
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
RECEIVED
OCT 1 3 1999
of Cour~ty ~ommtSSlO~er$
FROMm,, TQNfA. MOTT. SENIOR SPECIALIST
R'~AL PROPERTY MANAGEMENT
DATE: OCTOBER 13, 1999
RE:
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
Parcel: 254/Self
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 County
Attorney's Office has reviewed and approved the attached document.
The Board of County Commissioners of Collier County, Flodda approved the acquisition
by gift or purchase in. Resolution 98-107, Item 16(b)(1), dated April 28, '1998.
Pursuant to 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.
The Board of County Commissioners of Collier County, Florida approved the acquisition
by gift, purchase or condemnation in Resolution 99-288, Item 8(b){7), dated June 22,
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. Ms. Hoffman will then call me at extension 8991 for document pick-up.
Thank you.
Attachment as stated
PROJECT:
PARCEL:
FOLIO:
Golden Gate Boulevard/6304 I
254/Self
370114000O2
EASEMENT AGREEMENT
TillS EASEMENT AGREEMENT (hereinafter relied to as the "Agreement") is made and enteffed into by
and between EI.IZABETI! SEI.F, a Single Woman, (hereinafter referred to as the "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the
'Purchaser");
WIIF. REAS, the Purchaser requires a perpetual, non-exclusive Easement for drainage, sidewalk, utility and
mainlenancc over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a
pan of the Agreement, described as follows, to wit',
SF.E A'FFACIIED EXItlBIT "A", which is incorporated herein by reference;
WItEREAS, the Purchaser requires a perpetual, non-exclusive Temporary Driveway Restoration Easement
over, under, upon and across Ihe lands, for reconsu'uc~in8 the driveway, described as follows, to wit:
SEE A'FI'ACHED EXIIIBIT "B", which is incorporated herein by reference;
WIIEREAS, the Owner desires to convey the Easement and the Temporary Driveway Restoration Easemenl
to thc Purchaser for the stated purposes, on the terms and conditions set forth herein;
WItEREAS, thc Owner desires to be compensated for the Easement and Ihe Temporary Driveway
Restoration Easement, as well as any, improvements Iocaled thereon;
WIIEREAS, thc Purchaser has agreed to compensate the Owner for the granting of thc Easement and the
Temporary Driveway Restoration Easement (hcreinafler collectively referred to as "Properties") and for the
improvements, over. under, upon, and across thc Properties.
NOW TtlEREFORE, in consideration of these premtses, the sum of Ten Dollars ($10.130), and other good
and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by
and between the parlies as follows:
follows:
Owner shall grant Purchaser the Properties in exchange for thc sum of $2,100.00, broken down as
Eastment S S00.00
Improvements $ I,.~0.00
Temporary Driveway Restoration Easement $ 100.00
TOTAl,: $ 2,100.00
Owner accepls the above compensation as full payment for the Properties, and for all landscaping, tTees,
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 Properlies 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 right to extend the term of this Agreement, pending receipl of all properly executed instruments affecting
Purchaser's enjoyment of the Property. 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 iusmsments 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 Temporary Driveway Restoration Easement, shall be provided to Purchaser on or before the date of
closing. ~
5. Conveyance of the Properties, or any interest in the Properties, by Owner is contingent upo~ no o~her
provisions, conditions, or pr~nises other than those so staled above; and the written AFreement, including all
exhibits a~ched 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, ot..,covqnanta not
contained herein.
6. Owner is aware and understands that the "offer" to purchase represented by this A~xeement ts ~mbJect to
acceptance and approval by the Board of Counv/Commissioners of Collier County, Florida. I
7. Owner represents that the Prope~ies 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 envitomnental law violation on any property contiguous to or in the vicinity of lira
Properties to be ~old to the Purchaser, that the Owner has not received notice and othenvtse has no knowledge ora)
any spill on the Properties, b) any existing or threatened environmental lien against the Properties or c) any lav,'~utt,
proceeding or investigation regarding the generation, storage, Ixeatment, spill or transfer of hazardona substances on
the Properties. This provision shall survive closing and is not deemed satisfied by conveyance of title.
Page 2
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimbune
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 hanktuptcy or
administralive proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason
or arising out ofthe breach of Owner's representation under Section 7. This provision shall survive closing and is
not deemed satisfied by conveyance of title.
9. The Purchaser shall pay for all costs of recording the conveyance instruments in the Public Records of
Collier County, Florida. The cost of lhe title commitment shall be paid by the Purchaser. All other costs associated
with this u'ansaction including but not limited lo transfer, documentary and intangible taxes, aM 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 & loinder of Easement of the mortgn$e(I)
recorded against the Easement flora the mortgagee(s).
10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is
executed by both panics and shall inure to the benefit ofaud be binding upon the parties hereto and their respective
heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the contexl so
requires or admits.
11. If the Owner holds the Propetlies in the t'orm of a partnership, limited parlnership, corporation, mm or
any form of representative capacity whatsoever for othen, Owner shall make `. ~n'illen public disclosure, acontding
Io Chapter 286, Florida Statutes, under oath, ol'the name ,,nd address of every person having a benefi¢isl intere~ in
the Properties before the Properties held in such capaci~ ia conveyed to Purchaser, its successors and assigns. (If
the corporation is registered with Ihe Federal Securilies Exchangn Commission or registered pursuanl to Chapter
51'/, Florida Statutes, whose stock is for sale Io the general public, it is hereby exempt from the provisions of
Chapter 286, Florida Statutes.)
12. This Agreement is governed and construed in accordance with the laws of the State of Florida.
WITNESS WtIEREOF, thc parties hereto have executed this Agreement on this [.~q,L~l~'daY of
Dated Project/Acquisition Approved by BCC: 4/28/9g and 6/22,/99
AS TO PURC~'t.ASER:
· Deputy Clerk
Wimess (Signature)
tvnm or
Address: 1440 Golden Gate Blvd. W.
Naples, FL 34120
Approved as to form and
Assistant County Attorney
OFFICE OF CAPITAL PROJECTS,
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34~12
(941 ) 774-8192
SKETCH OF DESCRIPTION
(NOT A SURVEY)
EXHIBrr..~
Page-..L_ of._.~
(lo0' R.O.W.)
GOLDEN GATE BOULEVARD
PROJECT NO. 6304'
PROJECT PARCEL NO. 254
RIGHT OF WAY UNE
WEST 75 FEET
TRACT 19
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF 'rile WEST
75 FEET OF TRACT lg, GOLDEN GATE ESTATES UNIT NO. 9
AS RECORDED IN PLAT BOOK 4, PAGE 99 OF THE PUSLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
SI'I~ET 10F'I
Project: Golden Gate Boulevard/6304!
Parcel: 254
EXHIBIT "B"
THE EAST 30 FEET OF THE WEST 35 FEET OF THE SOUTH 50 FEET OF
THE NORTH 125 FEET OF THE WEST 75 FEET OF TRACT 19, GOLDEN
GATE ESTATES UNIT NO. 19, AS RECORDED IN PLAT BOOK 4, PAGE 99
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Memorandum
TO: Ellie Hoffman
Records Technician III
Minutes & Records Management
FROM: ~ .. T~iA. Mott
c~Senior Specialist
Real Property Management Department
DATE: March 23, 2000
Golden Gate Boulevard Improvements
Parcel 254/Self
Collier County Project No. 63041
Ellie, attached please find one (1) original recorded Easement and one (1) original recorded
Temporary Driveway Restoration Easement for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved the acquisition by gift,
purchase or condemnation in Resolution 99-288, Item 8(b)(7), dated June 22, 1999.
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
cc: N. Korti, Project Manager, PWED w/attachment
Tax Appraiser's Office w/attachment
Inventory File w/attachment
PROJECT: GG Blvd.
PARCEL: 254/Self
FOLIO: 37011400002
EASEMENT
2607052 OR: 2652 PG: 0099
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
03/16/2000 at 09:06AM DWIGHT E. BROCK, CLERK
CONS 2000.00
REC ~E 10,50
COPIES 2.00
Retn:
REAL PROPERTY
EXT 8991
INTER OPPICE
THIS EASEMENT, made and entered into this ~?/~' day of ~;c'¢? /~.~r- , 19~/'?, by
ELIZABETH SELF, a single woman, whose mailing address is 1440 Golden Gate Boulevard West,
Naples, Florida 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.)
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, sidewalk, 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 drainage, sidewalk 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: L ~,,.~ i.,4
(Print or Type)
W'lt~ (~ss -(Sig~atur:e ) -
Name:'~;~'~,; ~. ~
(15ri6t or'Typei
Address: 1440 Golden Gate Blvd. West
Naples, FL 34120
STATE OF }-t~,-~';~
COUNTY OF ~:'~-~ u [c~L
The foregoing Easement was acknowledged before me this ~,t , day of
ELIZABETH SELF, whc is .......
~, ......... y known to me or who has produced /
identification.
(affix notarial seal)
.,,~ Ernest W. Kerskie
~¢~.-.~. ~ Expires June 21, 2002
'~ BONDED~RU
,.,r . ~ ,~TL A~IC BONDING ~., INC.
Office of the County Attorney
3301 East Tamlaml Trail
Naples, Florida 34112
{941) 774-8400
'THIS CONYEYA,CE AC~EP'I'EO BY i"£~l
BO~ARD C)F C~R<TY CO~4M~STONERS, ~
C,? ',. iEP ,]v,U;~T'/, FLORIDA, j
PUR~UAN~ TO THE P~OVLSJOaS ]
OF RESOLUTION NO. ~-~ ~]
, ~ 999, by
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: C ( 7
My Commission Expires: ~,
This property has been acquired under
threat of condemnation and is exempt from
*** OR: 2652 PG: 0100
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341'i2
(941) 774-8192
SKETCH OF DESCRIPTION
PROJECT NO. 63041
(NOT A SURVEY)PROJECT PARCEL NO. 254
Page [, of..,J.,..
(100' R.O.W.)
GOLDEN GATE BOULEVARD r-'- NORTH PROPERTY LINE
330'
I -- EXIST. 50' :~\W EASEMEI 4T
~ ' ~ .t EXISTING RIGHT OF WAY LINE
I
SIDEWALK, UTILITY, I
& MAINTEN/~,NCE
EASEMENT
WEST 75 FEET J
TRACT 19 --'- ,
/'~
I
I
TRAC'I' 19 o ~o ~o 2oo
i
WEST PROPERTY LINE---~'- ""---'--- EAST P[ :OPER~'Y LINE r
I
I
I
75' 75' 75' 105'
L S303U0'TH pF;,OP ERI.,pf LiN E
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST
75 FEET OF TRACT 19, GOLDEN GATE ESTATES UNIT NO. 9
AS RECORDED IN PLAT BOOK 4, PAGE g9 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
6RA~WN BY CHECKED BY SCALE DATE FILE NO.
1" = 100' JULY 20, 1998 GGB2§4 SHe:ET 1 OF 1
I -- EXIST. 50' ~\W EASEMEI,IT
~ --~. .t EXISTING I
25 FOOT DE AINAGE,
SIDEWALK, UTILITY,
& MAINTEN/ ~,NCE
EASEMENT
EST 75 FEET
"RACT 19
TRAC'] 19 o ~o
PROPERTY LINE---~'' "'""---'--- EAST P~ :OPERTY LINE
75' 75' 75' 105'
PROJECT: 63041 (Golden Gate Blvd.)
PARCEL: 254/Self
FOLIO: 37011400002
*** 2607051 OR: 2652 PG: 0098 ***
RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, ~L
03/16/2000 at 09:06AM DWIGHT E. BROCK, CLIiRK
CONS 100.00
RE¢ ~EE 6,00
COPIES 1.00
Retn:
REAL PROPERTY
EX? 8991
TEMPORARY DRIVEWAY RESTORATI~tf~REblJ~I~MENT
THIS EASEMENT granted this (~'+~ day of (?~' Iz; [:-¢~ , 19~?'L by ELIZABETH SELF, a
single woman, 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.)
WITNESSETH 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"):
THE EAST 30 FEET OF THE WEST 35 FEET OF THE SOUTH 50 FEET OF THE NORTH
125 FEET OF THE WEST 75 FEET OF TRACT 19, GOLDEN GATE ESTATES UNIT NO.
AS RECORDED IN PLAT BOOK 4, PAGE 99 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
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 HOMESTEAD PROPERTY
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year
first above written.
WITNESSES:
Witness (Signature) ,
Name: C-~,~.'~ ,~_." ' ~-'~
(Print or Type)
VV~n~s~ (Signature) -
Name.--"~'~ ~. ~
(~¢i~t or' Type)
STATE OF t-~-~',"* ' ~',~
COUNTY OF ~' r' ,.- '~ ~ ~
Address: 1440 Golden Gate Blvd. West
Naples, FL 34120
BOARD OF COI;!~TY
COl ~,. ~ nP
TO OVISZOaS
The foregoing Temporary Driveway Restoration Easement was acknowledged before me this __
day of ,~'r h. ",~,, ~-, 1999,
F~ ."~J,',.~-,~' L .,c. as identification.
(affix notarial seal)
Commission ¢~ CC 753115
Expires June 21, 2002
DEC THRU
Prepared by:.' Id,.~ '~)_ ~,.,,?t.
Robert N. ZacharY, 'Esqulr®
Office of the County Atterney
3301 East Tamlami Trail
Naples, Florida 34112
(941) 774-8400
by ELIZABETH SELF, ' n o m who has produced
(signaiure (~f Nota, y Public).
(Print Name of Notaw Public)
NOTARY PUBLIC
Serial/Commission ¢: 4. c 7%~I 1 b
My Commission Expires: ~- -zZ - 4~ ~
This has b an acquir undar
that of condamnation and is mpt