Parcel 100 Dennis R CombsMemorandum
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb Ma~nC~~
Real Property
Real Property t Department
June 20, 2000
Computerized Traffic Signal - Parcel 100 - Dennis R. Combs
Please find attached one (1) ori_oinal recorded Traffic Signal Easement and one (1)
ori_oinal Donation Agreement for the above referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
by gift or purchase pursuant to Resolution 2000-145, Agenda Item 16 B 11, dated May
23, 2000, and approved the acquisition by condemnation pursuant to Resolution 2000-
164, Agenda Item 8 B 1, dated May 23, 2000.
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
cc: Tax Appraiser's Office w/attachment
Inventory File w/attachment
Office of the Real Property Management Department
PROJECT:
FOLIO: 70720440006
'rh s piepert3/has beent nder
threa of condernn tion ......
xempt
City of Naples/Collier County Computerized SignalSystem
2650047 OR: 2687 PG: 2312
R~CORDBD in OFFICIAL E~CORDS 0f COLLIER COON?Y, FL
06/15/2000 at 02:58PM DWIGHT S, BROCK, CLBEK
RBC ~g! 15,00
COPIES 3,00
Retn:
'r'~ls CONVEYANCE ACCEPTEr) By TIlE ! I~AL PROP]R?¥
80,~D OF COUNTY COYG'~SSTO~IERS, ~IT B991
Co~LZEP r'~
...,u,~:, FLOPI~A, INTSR O~ICS
P~SUANT TO THE
RESOLUTION NO. ~ -/~'+~'-~RAFFIC SIGNAL EASEMENT
THIS EASEMENT, made and entered into this ~ ~ day of
2000, by DENNIS R. COMBS, a married man, whose mailing address 1500 Airpoa
Pulling Road Nodh, Naples, Florida 34104-3334, as Grantor to COLLIER COUNt, 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, license, and privilege for installation and maintenance of
traffic signal pole 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 PROPERTY IS NOT HOMESTEAD.
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 installation and maintenance of
traffic signal pole purposes 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
_~jyear first above written.
FIRST WITNESS (Signature)
SECOND WITNESS (.Signature)
(Print Name)
)ennis R. Combs
OR: 2687 PG: 2313
STATE OF
COUNTY OF
The fo,%egoing Traffic Signal Easement was acknowledged before me this ]6(
day of ~u.w~ , 2000, by Dennis R. Combs, who isdS-'ersonally know_~o me or
who has ~roduced as identification.
(Affix notarial seal)
Kellie Gundeck
MY COMMISSION # ¢C8~0882 EXPIEES
May :51, 200:5
BONDI~D THRU T~OY FAIN INSURANCF-, iNC
(S/,g natu re otNotary)
(Print Name of Notary)
Commission#
My Commission Expires:
*** OR: 2687 PC: 2314 ***
PUBLIC WORKS ENGINEERING DEPARTMENT
/ 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION PROJECT: 60171
NOT A 'SURVEY PARCEL: i00
FOLIO: 70720440006
? EXHIBIT '....2~::-
( page .._/__of ._.i_-
; I ,
LOT 30 ' LOT 31 ~ O 03
BLOC ( "A" ~' E
"
~ I
: / 10',,
! S 89°26'18"W 60.00' ~ P.O.B.
DAVIS BOULEVARD
(S.R. 84)
LEGAL DESCRIPTION
BEGIN AT THE SOUTHEAST CORNER OF LOT 31 ,BLOCK "A" OF THE PLAT THEREOF, ROCK C~E~K,P, ARK, AS RECORDF_,D IN PLAT
BOOK 1, PAGE 79, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S 89 2618 WALONG THE NORTH RIGHT
OF WAY LINE OF DAVIS BOULEVARD 10.00 FEET; THENCE N 44°33'59" E 14.17 FEET TO THE WEST RIGHT OF WAY LINE OF AIRPORT
ROAD; THENCE S 00°18'21" E ALONG SAID WEST RIGHT OF WAY LINE 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 50 SQUARE FEET MORE OR LESS.
BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF DAVIS BOULEVARD BEING S 89°26'18" W.
i
1
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
PREPARED BY:
3, SEC. = SECTION /'~------"~5:':---~- ~l-~'
4) TWP. = TOWNSHIP ;
5) RGE. = RANGE 'r ....
~EORGE R. RICHMOND P,L.S. 2406
6) R/W = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN ~Y C.H~-UKbLI BY SCALE DATE FILE NO.
NOT TO SCALE JANUARY 18. 2000 DAVLITE SHEET 1 OF 1
PROJECT:
FOLIO:
PARCEL:
City of Naples/Collier County Computerized Signal System
70720440006
100
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between DENNIS R. COMBS, a married man (hereinafter referred to
as "Owner"), whose mailing address is 1500 Airport Pulling Road North, Naples, Florida
34104-3334, and COLLIER COUNTY, a political subdivision of the State of Florida,
(hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for installation and maintenance of traffic signal pole purposes 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 County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
to the County for the stated purposes, on the terms and conditions set forth herein, said
terms including that no compensation shall be due and payable for the Property requested by
County; and
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:
1. Owner shall convey the Property via an Easement to County at no cost to the
County, unless otherwise stated herein.
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 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 County 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 County executes this Agreement;
provided; however, that County 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
County's enjoyment of the Property.
4. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
1
5. Owner has expressly advised and disclosed to the County that the Property is a
designated contamination site, presently under remediation by the Owner. Any
contamination found within the easement area shall be covered and insured under the
Florida Petroleum Liability and Restoration Insurance Program (FPLRIP) for cleanup
purposes. Any costs associated with the proper cleanup of the Property, not covered and
insured under FPLRIP shall be the sole responsibility of the Owner. This provision shall
survive closing. The owner's Florida Department of Environmental Protection (FDEP) Facility
number is 118518293.
6. The County shall contact the Owner if any contamination is found on Property so
that Owner can report it to the FPLRIP for remediation assistance.
7. The County shall pay for all costs of recording the conveyance instrument, and
recording costs for any curative instruments, in the Public Records of Collier County, Florida.
County 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). All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes shall be borne and
paid by Owner. The cost of a title commitment shall be paid by County.
8. 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.
9. 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.
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 County, 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 Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BOO:
AS TO COUNTY:
AT~ESTi' ,.. '."
'-: I~WIGHT E. BROCK _Olerk
"'- "" ' ' '~ · ~[,:,D~p~tyClerk
BOARD OF COUNTY COMMISSIONERS
COLLIER~DA
Ti o~y J. OOr~li~tine, IC~hai~ma'n
2
AS TO OWNER:
~it~s (Signature)
(Print)
Witness (Signature)
(Print)
Dennis R. Combs
Approved as to form and
legal sufficiency:
Hkidi F. Ashton ' -
Assistant County Attorney
3
PUBLIC WORKS ENGINEERING DEPARTMENT
) 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8 192
SKETCH OF DESCRIPTION PROJECT: 60171
· NOT A 'SURVEY PARCEL: 100
FOLIO: 70720440006
LOT 30 ' LOT 31 ~_ O ca
BLOC ( "A" ~ ~ ~
o
'- S 89~26'18"W 60.00' '~ P.O.B,
DAVIS BOULEVARD
(S.R. 84)
LEGAL DESCRIPTION
BEGIN AT THE 8OUTH~ST CORNER OF LOT 31,BLOCK "A" OF THE P~T THEREOF, ROCK ORE~K P~K, A8 REGORD~ IN P~T
BOOK 1, PAGE 79, OF THE PUBLIC REOORD8 OF COLLIER 0OUN~, FLORIDA; THENCE 8 8g"2618" W~ONG THE NORTH RIGHT
OF WAY LINE OF DAVIS BOULEVARD 10.00 FEET; THENCE N 44"33'5g" E 14.17 FEET TO THE WEST RIGHT OF WAY LINE OF AIRPORT
ROAD; THENCE 8 00'18'21" E ALONG 8AID WEST RIGHT OF WAY LINE 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 50 8QUARE FEET MORE OR LES~.
BAS18 OF B~RING8 18 THE NORTH RIGHT OF WAY LINE OF DAVIS BOULEVARD BEING 8 89"26'18" W.
GENERAL NOTES
1) P.Q.O. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION PREPARED BY:
4) ~P.: TOWNSHIP ~ ~~~__~~ ~~_
5) RGE. = RANGE 'r ....
~EORGE R. RICHMOND P.LS. 2406
6) R~ = RIGHT OF WAY COLLIER COUN~ PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI T~IL
8} NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR
D~WN ~ CHEGKED BY SCALE ', DATE FKE NO. '
NOT TO SCALE JANUARY 18, 2000 DAVLITE SHEET 1 OF 1