Parcel 265APROJECT: Golden Gate Boulevard/63041
PARCEL NO: 265A
FOLIO: 37064380001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by
and between MOHAN GIDHARRY and CARMIN GIDHARRY, husband and wife, (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 stun 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 $500.00 (Five Hundred Dollars), 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 hens, 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
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 Conunissioners 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 £mes 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
respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
Easement Agreement
Page 2
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.
IN WITNESS WHEREOF, the parties hereto have
Date Property acquisition approved by BCC: !~- 2~ -q/~
executed
this Agreement on this ///~---~ day of
AS TO PURCHASER:
DATED:
.~_. itness (Signature)
~_ ~,~_~ ~/~_~_ f Print o~Ty~e~)
~Wi~e~s~Sig~mre)
(Print or T~e)
aime s s (Signa~e~
(Print or T~e)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Address: 4011 Northlight Dr.
Naples, FL 34112
Address: 4011 Northlight Dr.
Naples, FL 34112
Approved as to form and
lega~ sufficiencY:l
i_~i~e ~ di~F .'-.~ s h~o n-
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. 265 A
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the West 165 feet of Tract 68,
Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101
of the Public Records of Collier County, Florida.
NORTH PROPERTY LINE
WEST PROPERTY LINE
EXISTING RRV LINE
(GOLDEN GATE BLVD.)
165 FEET
EAST PROPERTY LINE
N
15 FOOT DRAINAGE, UTILITY
AND MAINTENANCE EASEMENT
(EXISTING 50 FT. RRV EASEMENT)
SOUTH PROPERTY LINE
SCALE: 1 inch = 100 feet
Collier County Real Properly Management Department 09/01/98 9:24 AM
MEMORANDUM
RECEIVED
TO:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
N4AY 0 71999
i~r~l of Count] *.c~.ission~rs
FRQM.'~~A. MOTT, SENIOR SPECIALIST
(,~ REAL PROPERTY MANAGEMENT
DATE: MAY 6, 1999
RE:
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
Parcel: 265NGidharry
Attached you will find one (1) Easement Agreement for execution hy 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.
Once the Agreement has been executed, please for~,ard 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
PROSECT: Golden Gate Boulevard/6304 I
PARCEl. NO: 265A
FO[.IO: 370643~005
EASEMENT AGREEMENT
TillS EASEMENT AGREEMENT (hereinafter referred to as Ihe "Agreement") is made and entered into by
and between MOIlAN GIDIIARRY and CARMIN GIDIIARRY, husband and wife, (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");
WIIEREAS, 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 m as the
'Property'). which is attached hereto and made a parl of this Agreement;
WtIEREAS, Owner desires to convey the Property to Purchaser for thc stated purposcs, on Iht terms and
conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property;
NOW 'FHEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), anti 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:
I. Owner shall convey the Property to Purchaser for the sum of $500.00 (Five ltundrcd Dollars), payable by
County Warrant fsaid 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 thc parties, ltowevcr,
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.
2. 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 subo.tinate such
encumbrances from the Property upon their recording in the public records of Collier County, Florida.
Owner shall provide such instruments, properly executed, 1o Purchaser on or before the date of closing.
3. 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 ot 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 l'urchascr.
4. 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.
5. Owner is aware and understands that the "offer" to purchase represented by fi~is Agreement ~s subject lo
acceptance and approval by the Board of County Commissioners of Collier County, Florida.
6. Owner represents that the Property and all uses of the Property have been and presently arc 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 thc Purchaser; that thc Owner
has no knowledge of any spill or environmental law violation on any property contiguous to or ~n thc 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 thc
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.
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 anomey 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 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).
9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is
executed by both parties and ,,hall inure to the benefit of and be binding upon the parries hereto and their
respective heirs, executor,,, personal representatives, ~uccessors, succc.,sor trustees, and:or assignees,
whenever the context so requires or admits.
Easement Agreement Page 2
I0. If the Owner holds thc Property in the form of a partnership, limited parmership, corporation, trust or any
form of representative capacity whatsoever for others, Owner shall make a written public disclost,re,
according to Chapter 286, Florida Statutes, under oath, of the name and address of every, person having a
beneficial interest in the Properly before the Properly held in such capacity is convcyed lo ['t, rchascr, 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 Ibc general public, it is hereby
exempt from thc provisions of Chapter 286, Florida Statutes.)
I I. This Agreement is governed and construed in accordance with the laws of the Stale of Florida.
.,~.~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this [~ da5,' of
Date Property acquisition approved by BCC: L{-7..~ °qB
AS TO PURCIIASER:
." .~,D~IGtlT E. BROGK~ C~tk
Attest as to Ch,~trI~'l
$1Qaature onl$.
AS TO OWNER:
DATED: ///'/.7_-,
~itness (Signature)
. (Print
(Print or T~e)
~itne*~ (Signature
~ (Print
~Wi~ess (SJ~na~tc)
(Print or T~)
BOARD OF COUNTY COMMISSIONERS
COLI.IER COUNTY, FI.ORIDA
nY:.p /~O
![.A S. ~ tAC'KIE, Chairwoman
MOIIAN GIDttARR5~' ''\
Address: 4011 Norlhlight Dr.
Naples, FI. 34112
Address: 4011 Norlhlight Dr.
Naples, FI. 34112
Approved as to form and
legal/sufficiencyi
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. 265A
LEGAL DESCRIPTION & SKETCH
(NO T A SURVEY)
The Nodh 15 feet of the Soulh 65 feet of the West 165 feet of Tract 68,
Golden Gale Estates Unit No. 10, as recorded in Plat Book 4, Page 101
of the Public Records of Collier County, Florida.
NORTH PROPER'r"Y LINE
165 FEET
WEST PROPERTY LINE
EXISTING R/C/LINE
(GOLDEN GATE BLVO.)
EAST PROFERTY LINE
FOOT DP, Alt;AGE. UTILITY
ANO MAJNTENAt, ICE EASEMENT
SOUTH PROPERTY Lll'tE t
31 E 31 O R A iN D,I.J 3I
TO:
FRO M:
DATE:
RE:
Ellic I Ioffmal~
Records Technic ian 111
Minutes & Records M anagcmcn!
Toni A. Mott
Senior Specialist
Real Propc~y Management I)cpanmcnt
August 18. 1U99
(;olden Gale Boulevard Improvements
('oilier ('ountv project Xo. 63041
Ellic. attached please find one ii ) original rccordcd t!ascmcnl fi~r Iht above referenced project.
The Board of C'otlHlv ('ommissioncrs of ('oilier (;Otlllly, [:lorida approvcd thc acquisition by gift
or purchase in Resolution 98-1~17. Item 16(b)( I ), dated April 28. 1998.
Plcase conlacl mc if you have a~y qucslioHs or comments at 8991.
Thank you.
attachment as stutcd
cc: A.N. Ko~i. Project Manager. Public Works lmginccring Department w/attachment
Tax Appraiser's Office w/attachment
Tax Collector's Office xv/altachmcnl
Inventory File w/attachment
PROJECT:
PARCEL:
FOLIO:
63041/Golden Gate Boulevard
265A/Gidharry
370643800O1
EASEMENT
2517675 OR: 2580 ?G: 2309
RICORD~D in OFFICIAL P,~CORDS o[ CO~,LH£ C00~1,
coxs 500.00
~oc-.?o ).50
THIS EASEMENT, made and entered into this __ day of __
19,., by MOHAN GIDHARRY and CARMIN GIDHARRY, Husband and Wife,
whose mailing address is 4011 Northlight Drive, Naples, Florida 34112 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 sufl'iciency 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 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) ..)
,(Print or Ty~e)...
Witness(.9~_qnature)
(Print or Type)
.:
MOHAN GIDHARRY
Address: 4011 Northlight Drive
Naples, FL 34112
CONV[YAf~CE ACCEPTED BY THE
,r, out;; ¥ COMMISSIONERS,
COUNTY, FLORIDA,
lO THE PROVISIONS
kLSgLUTI0ti N0. O,~-
" OR: 2580 PG: 2310
.W. itS,e s.s_~.S ig n atu re), ~
(Print or Type)
Witness (Sign~ure)
Name: '"-~, ~.
(Print or Type)
Address: 4011 Northlight Drive
Naples, FL 34112
STATE OF_/(~,'/:
COUNTY OF
The foregoing Easement was acknowledged before me this ~ day of
__~,' _, 1999, by MOHAN GIDHARRY, who is personally know-~-to me or who
has produced _~ %'¢c' /FO M-) y)-/.~ as identification.
(affix notarial seal)
¢r~f/~llrMr CO,'r,~.~.O¢, CC?f.¢5~171
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission#: ('(.
My Commission Expires:
STATE OF~
COUNTY OF./~/, c,~/L
The foregoing Easement was acknowledged before me this ~ day of
~, 1999, by CARMIN GIDHARRY, who is personally known to me or who
has produced _~ ~60 /o~,..~~. as identification.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: C~: ~
My Commission Expires: ~
PROJECT NO. 63041
PROJECT PARCEL NO. 265A
EXHIBrr
Pa~.~ _ _of ~._L_.
_LE_GAL_D_~-..,S_CRIPTION & S~F-.,_T_C~
(NOT A SURVEY.)
The North 15 feet of the South 65 feet of the West 165 feet of Tract 68,
Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101
of the Public Records of Collier County, Florida.
EAST PItOPERTY I t~E
N
__ is FOOT Un^INAGE, UllLITY N
!
At~D
MA1NTENANgE
ex?.t ;~q ?~! L?IE
EASEMENT
............ ~ ...... ~ ................. f ~ ......................
(GOLDE~I GATE BLVDJ J ,EXISTING ~ F r. ~ EASE~NT)
S~TH PR~ERTY LfflE
SCALE: 1 Inch = 100 feel