Parcel 177To:
From:
Memorandum
MAUREEN KENYON, SUPERVISOR
MINUTES AND RECORDS
ROBERT TEXTER
REAL PROPERTY SPECIALIST II
Date: April 14, 2000
Subject:
AGENDA ITEMS: 8(B)6
JUNE 22, 1999
ATTACHED ARE THE FOLLOWING ORIGINAL DOCUMENTS FOR YOUR SAFE-KEEPING,
COMPRISING A LIST OF 14 DOCUMENTS, ACQUIRED FOR THE FOUR LANING OF GOLDEN
GATE BOULEVARD BETWEEN STATE ROAD 951 AND WILSON BOULEVARD:
OFFICIAL RECORD BOOK & PAGE NUMBER:
2630/2949-2950
2630/2951-2953
2630~2954-2956
PARCEL 171/DOSS
PARCEL 171/DOSS
PARCEL 171T/DOSS
EASEMENT AGREEMENT PARCEL 177FFRUJ ILLO
261912780-2782 PARCEL 177FFRUJILLO
PURCHASE AGREEMENT PARCEL 188/ACEVEDO
2606/1174-1176 PARCEL 188/ACEVEDO
EASEMENT AGREEMENT
262210793-0795
2622~0796-0798
PARCEL
PARCEL
PARCEL
202/POLANCO
202/POLANCO
202T/POLANCO
EASEMENT AGREEMENT
2632~3486-3488
2632/3489-3491
PARCEL
PARCEL
PARCEL
207/DEL RIO
207/DEL RIO
207T/DEL RIO
2590/1127-1128
PARCEL 273/MALDONADO
cc: A.N. Korti, Project Manager, Public Works Engineering Department w/attachment
Collier County Property Appraiser w/attachment
Inventory File Copy
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: Golden Gate Boulevard
PARCEL NO: 177
FOLIO: 36868121001 & 36868120002
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between MORAIMA TRUJILLO, a single woman
(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 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:
Owner shall convey the Property to Purchaser for the sum of $1500.00, 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. 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.
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.
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 receipt 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
conveyance instrument to Purchaser in a form acceptable to Purchaser.
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.
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
Easement Agreement
Page 2
e
10.
11.
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.
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 5. This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. The cost of a title commitment shall
be paid by 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 Property from the mortgagee(s).
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.
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
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.)
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.
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 1~"'~' day of
Date Property acquisition approved by BCC: 4/28/98 Resolution No. 98-107
Date Property condemnation approved by BCC: 6/22/99 Resolution No. 99-284
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
:-- :,-At~;~!
,
:. '-.' ~":., i~':::'! ?:'i.:' ...,:.' ;: ." ,-'.
".AS TQ,~W'R:BR: ,.'
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DAi~ED:,,L;':Zi,/t,~;~'
Witness (Signa ye)
(PriOrY'or Type)
MORAIMA TRUJILLO
1015 North Greenway Drive
Coral Gables, FL 33134
Approved as to form and
legal sufficiency:
Assistant County Attorney
'PROJECT NO. 63041
PROJECT PARCEL NO. 177
EXHIBIT
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of Tract 128, Golden Gate Estates
Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of
Collier County, Florida.
NORTH PROPERTY LINE
330 FEET
WEST P/P,R,OPERTY LINE
EAST PROPERTY LINE
15 FOOT DRAINAGE, UTILITY ~
AND MAINTENANCE EASEMENT
EXISTING RJW LINE
...... L .'."' :'."' :': "'.': 2'.':'_": :'_": :'L': :' 'j :'.' 'Z :'.' '_: :'.' '_' .................
T (EXISTING 50 FT. R/W EASEMENT) GOLDEN GATE BLVD.
SOUTH PROPERTY LINE T
SCALE: 1 inch = 100feet
Collier County Real Propedy Management Department
06/23/98 11:49 AM
2566904 OR: 2619 PG: 2780
RICORDID in OFFICIAL RNCORDS of~ COLLIBR COUNTY,
12/09/1999 at 01:26PN DWIGHT B. BROCK, CLBRK
CONS 1500.00
R]C FIB 15.00
COPIES 3.00
Retn:
RBAL PROBRTY
BXT 8991
INTER OF~ICB
PROJECT: Golden Gate Boulevard
PARCEL NO: 177
FOLIO: 36868121001 & 36868120002
EASEMENT
THIS EASEMENT, made and entered into this ~ day of 0~lo~51',l~ , 19ve,_~, by
NORAlMA TRUJILLO, a single woman, whose mailing address is 1 5 North Greenway Dri oral
Gables, FL 33134, 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 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, 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 CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMM.TS.SIO.~IERS.
COl t !EP COUNTY, FLOP, IDA,
PURSUANT TO THE PEOVISIGNS
OF RESOLUTION NO. qc[. ~..~;/5,_
This property has been acquired under
threat of condemnation and is exempt from
documentary stamp tax
· OR: 2619 PG: 2781
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year
first above written.
WITNESSES:
Witness (Sign e)
(p~~ypcee~'d"z"z'~
Name: ,' '
/
~W' ' ntr
(Print o'V'r Type)
MORAIMA TRUJILLO
1015 North Greenway Drive
Coral Gables, FL 33134
STATE OF FLo'P,,[ 12>A,
COUNTY OF DRD ~
The foregoing
produced
(affix notarial seal)
, -_ ~-' ,-%, ,
Easement was acknowledged before me this ?' day of
,1999 by MORAIMA TRUJILLO, who is personally known to me or who has
as identification.
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #
My Commission Expires:
~ ~ Aida M Diaz
Prepared by:
R,~ert N. Zachary, Esquire
Office of the County Attorney
~i301 East Tamlami Tral
Naples, Florida 34112
(941 ) 774--8400
PROJECT NO. 63041
PI?,OJECT I~AI,~CI."'_I.. N(.).177
EX~BIT
*** OR: 2619 PG:
2782 ***
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of Tract 128, Golden Gate Estates
Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of
Collier County, Florida.
NORTH PROPERTY LINE
330 FEET
WEST P~OPERTY LINE ~. ,~ EAST PROPERTY LINE
EXISTING RAN LINE
15 FOOT DRAINAGE, UTILITY
AND MAINTENA,NCE EASEMENT
(EXISTING 50 FT. RM EASEMENT) GOLDEN GATE BLVD.
SOUTH PROPERTY LINE t
SCALE: 1 inch = 100feet
Collier County Real Propedy Management Department
06/23/98 11;49 AM