Parcel 276MEMORANDUM
TO:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FROM! ~, ~TO~_~A. MOTT, SENIOR SPECIALIST
,~f-.~AL PROPERTY MANAGEMENT
DATE: AUGUST 21, 1999
RE:
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
Parcel: 276/Mongiello & Graham
Attached you will find one (1) Easement Agreement for execution by Chairwoman
Pamela S. Mac'Kie concerning the above transaction. Please be advised that Heidi F.
Ashton, Assistant County Attorney, has reviewed and approved the attached document.
The Board of County Commissioners of Collier County, Florida 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 99-289, Item 8(b)(7), dated June 22,
1999.
Once the Agreement has been executed, please forward same to Ellie Hoffman, Records
Technician Ill, Minutes and Records Management, for attestation by the C erk to the
Board. Ms. Hoffman will then call me at extension 8991 for document pick-up.
Thank you.
Attachment as stated
PROJECT: Golden (;ate Boulevard. t63041
PARCEl.: 276
FOI.IO: 37015760007
EASE.MENT A(;REEMENT
IlIIS I:.ASISMI£NT :\GREEMENT (hereinafter referred to as the "Agreement") is made and entered into by
and between BONNIE ,MONGIEI.I.O, a married s~mnan, and JOltN GRAIIAM, bet husl)and. {hereinafter
referred 1o as lhc "nv, net"l, and COLI.IER COI;NTY, a political subdivision of Iht State of Florida. its successors
and assigns ehcrcmaflcr referred to as thc ~Purchascr");
\VItERFAS, thc Purchaser requires a perpetual, non-exclusive Easement for drainage, sidewalk, utility and
maintenance over, tn'~der, upon and across thc lands described in Exhibit 'A". u;hich is attached hereto and made a
pan of thc Agreement. described as follows, to ',,, .:
SEt:' ATFACIIEI) EXtIIBFI' "A". which is tncorporatcd herein by reference,
WI lEREAS, the Purchaser requires a perpetual, non-exclusive Temporary Driveway Restoration Easement
over. under, upon and across Ire lands, for reconstructing the driveway, described as follows, to wit:
SEE AT'I'ACtlED EXIIIBFF "B", which is incorporated herein by reference;
WtIEREAS. the Owner desires to convey the Easement and the Temporary Driveway Restoration Easement
Io Ire Purchaser for Iht slated purposes, on the temps and conditions set forth here,n;
WIIF. REAS. the Owner desires Io be compensated for the Easement and the Temporary Driveway
Restoration Easement. as well as any, improvements located thereon;
WIIERE.,\S. the Purchaser has agreed to compensate the Owner for the granting of the Easement and the
Temporary Driveway Restoration Easement (hereinafter collectively referred to as "Properties") and for the
improvements, over. under, upon. and across the Properties.
NO\V TItEREFORE, in consideration of these premises, thc sum of Ten Dollars {$10.00). and other good
and valuable considera,on, the receipt and sufficiency of which arc hereby mutually acknowledged, it is agreed by
and bcl'.~,ccn thc par.cs as follows:
follows:
Ov,'ncr shall grant Purchaser thc Propcrl~cs in exchange for the sum of $9,800.0¢). broken down as
Easement $ 400.00
Improvements $ 3,000.00
Severance Damages $ 6.300.00
Temporary Driveway Resloralion Easement $ 100.00
TOTAl.: $ 9.800.00
Owner accepts thc above compensation as fl~ll payment for the Properties, and for all landscaping, trees,
shrubs, improvcmcuts and fixtures I-cared thereon, and for any damages resulting to the remainder, if less Iran
Owner's entire propcr~y was taken, and for all other damages in conncctinn wilh the conveyance of said Properties
to Purchaser.
2. Purchaser shall pay Owner by County Warfare
3. This Agreement shall be null and void. and of no further force or effect, unless closing shall occur within
ninety 190) days from thc date Purchaser executes this Agreement; provided; however, that Purchaser shall have the
unilateral right to extend the renn of this Agrecmenl, pending receipt of all properly execurzd instrumenls affecting
Purchaser's enjoyment of the Property. At closing, Purchaser shall deliver the County Warranl to Owner and
Owner shall deliver the Propcrlies to Purchaser in an instrument acceptable m Purchaser.
4. Prior Io the closing, Owner shall oblam from the holders of any and all liens, encumbrances, exceptions,
or quahfications m and to the Easement, the excculion of such instruments that will, upon their recording tn the
Public Records of Collier County, Florida, clear any and all encumbrances from the Ease~ent. Such instruments,
including Ire TemForary Driveway Restoration Easement, shall be provided to Purchaser on or before the date of
closing.
5. Conveyance of the Propcmcs. or any mlcrest in the Properties, by Owner is contingent upon no other
provisions, condalmns, or premises olher tt~an those so stated above; and the written Agreement, including all
exhibits anached hereto, shall conslip, ll," thc entire Agreement and understanding of the parties, and there are no
other prior or cm~tcmporancous written ur oral agreements, undertakings, promises, warranties, or covenants not
contained herein.
6. Owner ~s aware and understands Ihal the "offer" to purchase represented by this Agreement is subject to
acceptance and appro',al by the Board of County Commissioners of Collier County. Florida
Page 2
7. Or, ncr represents that thc Propemcs and all uses of Ihe Properties have been anti presently are in
comphance v, uh all Federal. Slate and I.ocal envmmmcnlal laws; Ihal no hazardous subslances have
generated, stored, ucaicd ot ~ransfcrrcd on thc l'ropcmcs except as specifically disclosed Io thc Purchaser: that thc
Owner has no knm~lcdgc of any spill or cn~mmmemal law violauon on any properly conl~guous lo or m
v~cmny of the Properties m he sold to thc Purchaser, that thc Owner has no~ received noUcc anti ~ther~sc has no
knowledge of a} any spill on fl~c I'roperlics. h) any cx~st~ng or ~hrcatcncd environmental lien against thc ]'ropcrlics
or c) any la.stoL proceeding or invemgatJon regarding the generation, storage, Ircam~cnk spdl or transfer
hazardous substances on thc Pmpcmcs. This prov~s.m shall sun, ire closing anti ~s not deemed sa!isfied by
conveyance of lille.
8. Owner shall mdcmmfy, defend, save and hold hamfless the Purchaser against and from. and Io reimburse
fl~e Purchaser with respect to. any and all damages, claims, liabilities, laws. costs and expenses (including
limitation reasonable paralegal and attorney fees and expenses whether in coup, out of court, in bankruptcy or
administrauvc proceedings or on appeal). ~nahies or fines incu~ed by or asserted against the Purchaser by reason
or arising out of thc breach of Owners representamm umler Section 7. ~is provision shall survive closing and
not deemed satisfied by conveyance of tale.
9 '[]~e Purchaser shall pay for all cosls of recording the conveyance rust.merits in lhe Public Records of
Collier County. Florida, All other costs associated with ~his transaction including but not limited to transfer,
documemary and intangible rexes, and recording costs for any curative insl~mems shall be borne and paid by
Owner. O~ncr shall be responsible fi)r paying any costs and'or fees associated with thc secunng and recording a
SubordinalJon. Conscm & Joinder of Easement of iht mortgage(s) recorded against t}~e Easement from thc
mortgagee(s).
10. 'l~ls Agreement and fl~e temps and prov~smns hereof shall ~ effect{ye as of the date lh~s Agreement
executed by both paints and shall mute to thc ~nelil of and be binding u~m thc paints hereto and their respccnve
heirs, executors, personal rcpresen arises successors, successor t~stees and/or assignees, whenever lhe conlcxl so
rcqmrc5 or admits '
I 1 if Ibc (),,~ net holds t]}c PropeH]es m Ibc 10rm of a paflnership, bruited pa~nership, co.ration, trust or
any form nf representa{~vr capacity ~ halsoever for others, Owner shall make a written public d~sclosure, according
[o Chaplet 296. }:h~nda Slalute% umlcr oalh, of thc name and address ofeve~ person having a beneficial Interest m
Ihe Propcrhcs before Ibc Properties held m such CapacHy is conveyed to Purchaser, tis successors ami assigns.
[he corporation ~s tcgtstercd w~th the Federal Seculities Exchange Commlssloo or regislcred pursuanl h) Chapter
517, Horida Stalutcs, ~hose Mock ~s t~r sale Io the general public, it Js hereby exempt from the provisions of
Chapter 286. Florida
12 '[Ins Agrecmcnl ~s governed and const~ed in accordance wllh the la~s of the State of Florida
IN WI'INI:.qS W}IEREOF, the parties hereto have executed th~s Agreement on Ihis .,.,q~"'A~day of
l)atcd I'roJcct'Acqu~smon Approved by Il('(:: 4/28'98 and 6/22/99
AS TO PUR(qlASER:
AT['EST:
signature ~1~.
AS TO O~4ER:
Witnc~J {Sien~o~ ..... ~ ~
(Prml or Type}
~aturc)
( ~lrlt or 'l x'p~l}-
Address: I 140 Golden Gate Blvd. West
Naples, FI. 34120
Page 3
vi..rn~'ss,($ignatu~ *-4
'"*'"'~'N.ame: (Print °r Type)
Wit~ss
(Print or Ty~)
jOrt~A-~~ ~ _
Address: 1140 Golden Gate Blvd. W.
Nap]cs, FL 34120
Approved as to form and
legal sufficieno.:
Rob'erl Zacha/ry
Assistant County Atlorncy
OFFICE OF CAPITAL
3301 EAST TAMIAMI TRAIL
(941) 774-8192
PROJECTS
NAPLES, FLORIDA 34112
SKETCH OF DESCRIPTION
(NOT A SURVEY)
EXHIBIT
Page ~ of
PROJECT NO. 63041
PROJECT PARCEL NO. 276
$'"10 /S'~ &°°°7
(10(7 R.O.W,)
GOLDEN GATE BOULEVARD
25 FOOT DRAII',JAGE,
,SIDEWALK, UTILITY,__
& MAINTENANCE
EASEMENT
_DESCRIPTION:
EXIST. 5~ :{~W EASEME
TRACT 85
PI~R T~ L~E
__ 75' t 7~'
· D~JTH 1~5~O~E R ~t' l Jg'4E
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75
FEET OF TRACT 85, GOLDEN GATE ESTATES UNIT NO. 9, AS
RECORDED lid PLAT BOOK 4, PAGE 99, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA~
i
RIGHT OF WAY LINE
~~-SHEET 1 OF 1
Project: Golden Gale Boulevard/63041
Parcel: 276
EXIIIBIT "B"
TIlE EAST 55 FEET OF THE WEST 62 FEET OF THE SOUTH 25 FEET OF
THE NORTlt 100 FEET OF TIlE WEST 75 FEET OF TRACT 85, GOLDEN
GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
O
Memorandum
TO:
[:ROM:
DATE:
R E:
Ellic [Ioffman
Records Technici an II [
Minutes & Records Management
....TOlli A. Moil Senior Specialist
Real Properly Management Depa~ment
Oclobcr 7. 1999
Golden Gate Boulevard Improvcmcnts
Collicr ('ounty Project No. 63041
Ellie, attached please find one (I) original recorded Easement anti one (I) original recorded
Temporary Driveway Restoration Easement for the above referenced project.
The Board of County (_7ommissioncrs of Collier County, Florida approved the acquisition by gift,
purchase or condemnation in Resolution 99-287, Item 8(b)(7), dated June 22, 1999.
Please contact me i fyou have any questions or comments at 8991.
Thank you.
attachments as si;Hod
cc: 'Fax Appraiser's Office w/attachment
'Fax Collector's Of'rice w/attachment
Inventory File w/attachment
PROJECT: GG Blvd.
PARCEL: 276/Graham
FOLIO: 37015760007
EASEMENT
2538384 OR: 2597 PG: 1008
RiCODIO tn O~?[CIJU, RlCORDJ of CO:t[ll COOl,q,
lO/Ol/19Sf at IO:51AR O~I~ I. BlO~, C[lll
!1~ nl lf,~l
C0HIS 3.01
R~A~ PROFBRTT
THIS EASEMENT, made and entered into this /~; r~- day of _~~_~,
19_~.~._, by BONNIE MONGIELLO, a married woman, and JOHN GRAHAM, h~r
husband, whose mailing address is 1140 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.)
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, 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 (S).gr].at,u~e) ~.. ~ /
(Print or Type)
vVkfl~'(Sig'natu~ej .... '~
Nam~.'- '~:\~.. ",:_~. ',~.,
(Phnt or Type)
BONNIE MONGIELLO ~
Address: 1140 Golden Gate Blvd. West
Naples, FL 34120
This property has been acquired under
throat of condemnation and i~, -cx~mpt from
documentary stamp tax
T~]'S CO,'ivEYA~CE ACCEPTED BY TIlE
C8' '..r f.. ':.?,Jr~'. ,
PU~S:';hl TO THE PROVISIONS_
OF ~ESCLUTION NO. ~
Page 2
Witness ( S/.j,,9~ a.~,u r e)
Name:.
(Print or Type)
Wi{'h~ Cs (Sig.~ur~)'
(Print or Type)
OR: 2597 PG: 1009
_ ':~,.+. ~ ~~--_
JOHN'(~RAHAM
Address: 1140 Golden Gate Blvd. West
Naples, FL 34120
STATE OF
COUNTY OF__~.,
~The foregoing Easement was acknowledged before me this
~"~.~-'"--~, 1999 by BONNIE MONGIELLO wh ....... ~ ~" 7 day of
who h~J produced '~,' ,-,-.-_.- , u ,~ persona,y Known ~o me or
., ~~ ~-----~.; as identification.
(affix notarial seal)
(Signature of No~ry Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #
My Commission Expires:
STATE OF ~~~--'
COUNTY OF ~
/~. The foregoing Easement was acknowledged before me this ,/~' ~
c.4..¢_~,,.,..~.¢- , 1999, by J,O, HN GRAHAM, who is personally - day of
produ~6d-~' ~i:.,~ ~..,.../-~'~--¢-'~s identification, known to me or who has
(affix notarial seal)
I:>reparod by"- ~ " '
RcC.~ert N. Zachary, Esquire
Office of the County Attorney
3301 Last Tamlaml Trail
Naples, Florida 34112
(941) 774--84OO
(Signature of N~t'ary Public)
,/,¢// ..~ ......--
(Print Name of Nota~y'Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
(NOT A SURVEY)
EXHIBIT~
Page_L_ of_..L_
PROJECT NO, 63041
PROJECT PARCEL NO. :276
~30 ~$1 &ooo7
25 FOOT DRAINAGE,
SIDEWALK, UT LITY
& MAINTENANCE
EASEMENT
(100' R.O.W.)
GOLDEN GATE BOULEVARD
85
DESCR!PTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75
FEET OF TRACT 85, GOLDEN GATE ESTATES UNIT NO. 9, AS
RECORDED IN PLAT BOOK 4. PA(3E g9, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
DATE
JULY 20, f g98 GGB278 SHEET 1 OF 1
PROJECT: GG Blvd.
PARCEL: 276/Graham
FOLIO: 37015760007
2538383 OR: 2597 PG: 1005
10/01/19S~ at lO:571X DVlGIT I. BlOC'I, CLlll
!1¢ Ifil 15.01
:OPII$
Rets:
SIT 89~1
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THIS EASEMENT granted this ~ day of
, 19 , by BONNIE
MONGIELLO, a married woman, and JOHN GRAHAM, her husband, a,~ Gran-¥oor. 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 ($10.00)
and other valuable consideration paid by the Grantee. receipt of which is hereby acknowledged,
hereby conveys, grants, bargains and sells to the Grantee. a Temporary Driveway Restoration
Easement to enter upon the lands described as follows (the "Easement Area"):
See attached Exhibit "A", which is
incorporated herein by reference.
The Easement Area, which is adjacent to the permanent easement conveyed by the Grantor
to the Grantee, shall be used by Grantee for the purpose of filling, grading and placing concrete,
asphalt or rock, on the Grantor's lands for the purpose(s) of constructing, with materials of like
kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway
and the newly constructed road, sidewalk, and drainage improvements on Golden Gate
Boulevard. This Temporary Driveway Restoration Easement shall expire upon completion of
construction or August 31, 2004, whichever occurs first. However, if construction is not completed
by August 31, 2004, this Temporary Driveway Restoration Easement shall automatically extend to
August 31, 2005. Grantee shall use its best efforts to restore the existing landscaping, plantings
and light fixtures within the Easement Area to its original condition. Grantor and Grantee are used
for singular or plural, as the context requires.
THIS IS HOMESTEAD PROPERTY
(Print or Type)
(Print or Type)
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day
and year first above writlen.
'Witness ($i~l,n~ure) _
BONNIE MONGIELLo
Address: 1140 Golden Gate Blvd. West
Naples, FL 34120
'This property r;~-,, been ncqu~rcd uader
throat of condemnation and is exempt from
THIS CONVEYANCE ACCEPTED BY THE
~0~o OF COUNTY COHNISSIONERS
FUN~UANT T0 THE pR~Ute-A,,~ I
Page 2
Witness (Sigr~ature¢'...__- -
Name:_/~7/,/~,~... j, ..~/¢r.F,~/M'
(Print or Type)
Wit~'~s's (Sigr~at'dre)' :'
(P~¢nt'or Tyl~ei
OR: 2597 PG: 1006
:JOHN HAM
Address: 1140 Golden Gate Blvd. West
Naples, FL 34120
STATE OF 7~2'''''''
COUNTY OF ~
The foregoing Easement was acknowledged before me this J~/~"'~da
~ B~)NNIE MONG ELLO who is "ers ....... - y of~-~,
- · , w unauy Known to me or who h
,~__ f-.z-,~....-- as identification as ~l~oduced
(affix notarial seal)
. ~,~ ,;~.... "
(Signature of Notary Public}
(Print Name of Notary Public}
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
TATE OF
S
COUNTY OF_ ~c
The foregoing Easement was acknowledged before me this /~/r.~ day of
1999, by JOHN GRAHAM who is personally known to-me o~ who-as goduce-d
~7.~ ~ ~a~s ~de'ntification.
(affix notarial seal)
Prepared Dy: (<.. ~ /
Robert N. Zachary, Esquire
Office of the County Attorney
3301 East Tamlaml Trail
Napte~, Florida 34112
(941) 774-8400
( ignature of~otary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
*** OR: 2597 PG: 1007 *** ~?
EXHIBIT "A"
THE EAST 55 FEET OF THE WEST 62 FEET OF THE SOUTH 25 FEET OF THE
NORTH 100 FEET OF THE WEST 75 FEET OF TRACT 85, GOLDEN GATE ESTATES
UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
Memorandum
TO: Ellie Hoffman
Records Technician III
M~p/utes & Records Management
FROM: . ¢.T,6ni A. Mott
,.. ~ SuPervisor
'--x,,xkKx Real Property Management Department
DATE: June 7, 2000
Golden Gate Boulevard Improvements
Parcel 276/Graham & Mongiello
Ellie, attached please find one (1) original Easement Agreement for the above referenced
project.
The Board of County Commissioners of Collier County, Florida approved the acquisition by gift,
purchase or condemnation in Resolution 99-289, Item 8(b)(7), dated June 22, 1999.
Please contact me if you have any questions or comments at 8991.
Thank you.
attachment as stated
PROJECT: Golden Gate Boulevard/63041
PARCEL: 276
FOLIO: 37015760007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by
and between BONNIE MONGIELLO, a married woman, and JOHN GRAHAM, her husband, (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");
WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for drainage, sidewalk, utility and
maintenance 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 perpetual, non-exclusive Temporary Driveway Restoration Easement
over, under, upon and across the lands, for reconstructing the driveway, 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 Temporary Driveway Restoration Easement
to the Purchaser for the stated purposes, on the terms and conditions set forth herein;
WHEREAS, the Owner desires to be compensated for the Easement and the Temporary Driveway
Restoration Easement, as well as any, improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easement and the
Temporary Driveway Restoration Easement (hereinafter collectively referred to as "Properties") and for the
improvements, over, under, upon, and across the Properties.
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:
follows:
Owner shall grant Purchaser the Properties in exchange for the sum of $9,800.00, broken down as
Easement $ 400.00
Improvements $ 3,000.00
Severance Damages $ 6,300.00
Temporary Driveway Restoration Easement $ 100.00
TOTAL: $ 9,800.00
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 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 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 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 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.
6. 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.
Page 2
7. 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 Properties 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.
8. Owner shall indenmify, 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 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. 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).
10. 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.
11. 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.)
12. This Agreement is governed and construed in accordance with the laws of the State of Florida.
1N WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~/~day of
~ ,19~,~ .
Dated Project/Acquisition Approved by BCC: 4/28/98 and 6/22/99
AS TO PURCHASER:
ATTEST:
DWIGHT E. BROCK, Glerk
~s'Z~" ~/:,/~/~Depu~ Clerk
Attest
sig at. e
AS TO OWNER:
DATED: 0~/, 6,/~'~
Witness (Sign3~. ~'
Name:
(Print or T~e)
Wi~~am~e)
(~in(°r
BOARD OF ~ONER,I~
Address: 1140 Golden Gate Blvd. West
Naples, FL 34120
Page 3
WimCss,(SignamntrJ
~~~, ~.rintor Type)
Withess (Signature)
Name:'~'~-~ N-~'\
(Print or Type)
Address: 1140 Golden Gate Blvd. W.
Naples, FL 34120
Approved as to form and
legal sufficiency:
Assistant County Attorney
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
(NOT A SURVEY)
EXHIBIT_~__
Page..__L of_ !
PROJECT NO. 63041
PROJECT PARCEL NO. 276
~o /sq &~oo7
(10o' R.O.W.)
GOLDEN GATE BOULEVARD
25 FOOT DRAINAGE,
SIDEWALK, UTILITY,
& MAINTENANCE .~
EASEMENT
WEST PROPERTY LINE
-- EXIST.
TRAC~
~\W EASEM!
85
OPERTY LINE
75'
75' I Rn
L330'
8OUTH PROPERTY LINE
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75
FEET OF TRACT 85, GOLDEN GATE ESTATES UNIT NO. 9, AS
RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
NORTH PROPERTY LINE
.___~'- EXISTING RIGHT OF WAY LINE
DRAWN BY
IOATE I FILE NO.
JULY 20, 1998 GGB278
SHEET 1 OF 1
Project: Golden Gate BoulevarcV63041
Parcel: 276
EXHIBIT "B"
THE EAST 55 FEET OF THE WEST 62 FEET OF THE SOUTH 25 FEET OF
THE NORTH 100 FEET OF THE WEST 75 FEET OF TRACT 85, GOLDEN
GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.