Parcel 263MEMORANDUM
TO:
SUE F!LSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FROM:, ,,tTONI A. MOTT, SENIOR SPECIALIST
' t'~,EAL PROPERTY MANAGEMENT
DATE: AUGUST 13, 1999
RE:
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
Parcel: 263/DeLair
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 99-288, 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 Clerk to the
Board. Ms. Hoffman will then call me at extension 8991 for document pick-up.
Thank you.
Attachrnent as stated
PROJECT: Golden Gate Boulevard
PARCEL NO: 263/DeLair
FOLIO: 37064320003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by
and between LEO DALE DE LAIR (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 $1,200.00, payable by County Warrant (said
transaction hereinafter referred to 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 Propei-ty, 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
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.
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.
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 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 6. 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. 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
Easement Agreement
Page 2
respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
10. 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.)
11. This Agreement is governed and construed in accordance with the laws of the State of Florida.
&GIN WITNESS W. HEREOF, the parties hereto
Date Property acquisition approved by BCC: 6/22/99
have executed this Agreement on this /'~)t~day of
AS TO PURCHASER:
.,ATTEST: .
DWIGHTE. BROC~lerk
AS TO O~ER:
Witness (S~natur~)
Name: ~4~/t. Stw ~.
(Print or Type)
Witness (5}ignat~re)
(Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
BOARD OF ~ONERS
PAI0bL;~A S. MAC'K~HAIR~'6MAN
LEO DALE DE LAIR
Address: P.O. Box 94
Northfield, OH 44067
PROJECT NO.
PROJECT PARCEL NO.
63u41
263
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of Tract 67, LESS the West 30
feet thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book
4, Page 101 of the Public Records of Collier County, Florida.
WEST PROPERTY LINE
EXISTING R/W LINES
NORTH PROPERTY LINE
300 FEET
EAST PROPERTY LINE
15 FOOT DRAINAGE, UTLILITY AND
MAINTENANCE EASEMENT
(EXISTING 50' R/W EASEMENT) GOLDEN GATE BLVD,
SOUTH PROPERTY LINE T
SCALE; I inch = 100 feet
Collier County Real Property Management Department 07/30/99 3:27 PM
MEMORANDUM
TO:
FROM:
I)ATE:
RE:
Ellie ttoffman
P, ccords Technician III
Minutes & Records Management
~q/oni A. Molt Senior Specialist
Real Properly Managemen! Department
September 20. 1999
Golden Gale Boulevard Improvements
Collier County l'rojccl No. 63041
Ellie. attached please find one (I) ~ recorded Easement for thc above referenced project.
Thc Board of County Commissioners of Collier County, Florida approved thc acquisition by gift,
purchase or condemnation in Resolution 99-288, Item 8(b)(7), dated June 22, 1999.
Please conlact mc if you have any questions or comments at 8991.
Thank you.
attachments as stated
cc: A.N. Korli, Projccl Manager, Public Works Engineering Department w/attachment
Tax Appraiser's Office w/attachment
Tax Collector's Office w/attachment
Inventory File w/attachment
PROJECT: GG Blvd.
PARCEL: 263/De Lair
FOLIO: 37064320003
2524907 OR: 2586 PG: 0817
I~I¢ORDID l~ O~I{IAL RICORO$ al COLLIII~ CO01TT,
0~/30/1999 a% lO:Oll~ D~I~f l, B~OC[, CLI~I
¢015 1200.00
RfC FI! 10.50
COPIES 2.00
ieLn:
IBAL PROPER??
EASEMENT
THIS EASEMENT, made and entered into this ~,.A day of _.~__~~, 19ff?, by LEO
DALE DE LAIR, whose mailing address is P.O. Box 94, Northfield, Ohio 44067, 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 o1' 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 unlo the Grantee, a perpetual, non-exclusive easement, license, and privilege for
drainage, utility and rnainlenance purposes on the following described lands located in Collier County,
Florida, to wit:
See attached Exhibit 'A* which is
~ncorporated 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,
IN WITNESS WHEREOF. the Grantor has caused these presents lo be executed the date and year
f'srsl above written.
N a m e: __,_,_,_,_,_,_,_,_~~~_~ A'
(Print or Type)
Name:~ ~',.~ (Print or Type)
STATE OF
Address: P.O. Box 94
Bcoo~f'~ld, OH 44067
THIS CONVEYANCE ACCEPTED BY THEt
EO;F~ OF COU[(TY CONHISSIONERS,
COL( ~[~ COUNTY, FLORIDA,
PUkCr:;d;l TO THE PROVISIONS
COUNTY OF.%'m~,,,F' OF F~£SOLUTION NO. ~ j
The foregoing Easement was acknowledged before me this ~ day of ~, 1999, by
LEO DALE DE LAIR, who is personally known to me or who has produced ~,~ ' as
identification. '[rds propc~y :~au .~c,, _,.~ ......... ~
thr~t of condema~tion and is ~ernpt fro~ .
(affix notarial sea,}~~ ~P ~ ~' ..... ~'. /j~
Prepared Dy: ~ ---~ -
Robert N. Zachary'; Esqu~e
Office of the County Att~ne¥
3301 Last Tamlaml Trail
Naples, Florida 34112
( -?.41 ) 774-8400
NANCY-ANN[ WARGO
.............. Nora Public State of Ohio
(Print Name of Notar~ ~l~,ss,o.. Expires M~y 5, 2001
NOTARY PL'BLIC Recorded m Summrt Ceu~
Serial/G~i~n ~:~
IECT NO. 63041
PROJECT PARCEL NO. 263
EXHIBIT...~
Page_L.. of_..L_
*** OR: 2586
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
PG: 0818 ***
The North 15 feet of the South 65 feet of Tract 67, LESS the West 30
feet thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book
4, Page 101 of the Public Records of Collier County, Florida.
'I~ST PRC~ERTY UNE
EXISTING R,"¢I Lff~E S
NORTH PROPERTY LINE
~)FTI 300 FEET
I
I
I
15 FOOT DRAINAGE, UTLILrI"Y AND
t (EXISTING 5(1' RJW EASEMENT)
SOgTH PROPERTY LINE
EAST PROPERTY LINE
C, Ot,DEN GATE BLVD.
N
$C4L£' f inc~ -' 1¢¢ l~t
C<3ee~ Counl/Real Prope~ Mar~geme~t Depa~4nt 07/30/99 3 27 PM