Parcel 104 American Real EstateMemorandum
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician III
Minutes & Records Management
!iene aa~ YppErr!iee ddyy~SMPae~S~e nt Department
June 20, 2000
Computerized Traffic Signal- Parcel 104- American Real Estate Holdings
Limited Partnership
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: City of Naples/Collier County Computerized Signal System
FOLIO: 26731200001
PARCEL: 104
Thls prope has been 8cuqulred under
threat of condemnation and is exempt from
documentary stamp tax
THIS CONVEYANCE ACCEPTED
BOARD OF COIJITTY COHRISSlO!tERS,
CO~-'mEP CouNTY' FLORIDA'
FuRSuANT TO THE PROVISIONS
OF RESOLUTION NO' ':2~'k~"/'/5 ~~
2650048 OR: 2687 PG: 2315
RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, P~.
06/~5/2000 at 02:58PM DWIGHT ~. BROCK, CLERK
Retn:
8991
COPIB~
15,00
3.00
TRAFFIC SIGNAL EASEMENT
THIS EASEMENT, made and entered into this ~'~-~ day of
2000, by AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP
SUCCESSOR IN INTEREST TO AMERICAN PROPERTY INVESTORS X, a Delaware
Limited Partnership, by its undersigned General Partner, whose mailing address 100
South Bedford Road, Mt. Kisco, New York 10549,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.)
WlTNESSETH:
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.
The height of the controller cabinet, or any device newly installed on the property, is to
be less than five feet.
OR: 2687 PG: 2316
Page two of two
~ 0 r~-, ~, 2000
TRAFFIC SIGNAL EASEMENT
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
WITNESSES:
Witness (Signature)
Name: l~ I~y/,C.
(Print)
Witness~(Jnatur/~!~
Name:
By:
Its:
(Print)
AMERICAN REAL ESTATE HOLDINGS
LIMITED PARTNERSHIP, SUCCESSOR IN
INTEREST TO AMERICAN PROPERTY
INVESTORS X, a Delaware Limited
Partnership
AMERICAN PROPERTY INVESTORS,
INC., a Delaware corporation
General Partner
John P. Saldarelli
Address: 100 South Bedford Road
Mt. Kisco, NY 10549
STATE OF New York
SS.:
COUNTY OF Westchester
The foregoing Traffic Signal Easement was acknowledged before me this
day of '~ ,~r-,~-~ , 2000, by John P. Saldarelli, Vice President, on behalf of
American Property Investors, Inc., a Delaware corporation, as general partner, on
behalf of American Real Estate Holdings Limited Partnership successor in interest to
American Property Investors X, a Delaware Limited Partnership, who is known to me
(or has satisfactorily proven) to be the person who executed the foregoing instrument.
~;~=td~l seal)
~z;::~%~;~[ ~i. Zachary, Esquire
~:~':.~:;ic~ ~' the County Attorney
· 3~-'~.~ ~a'~ Tamiami Trail
Naples, Florida 34112
(~34'1) 774-8400
(Signature of Notary)
CHRISTINA A. RUSSO
PUBLIC WORKS ENG1NEER]NG DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJEGT: 60171
PARCEL: 104
EXHIBIT ",,0" FOL,O: 2673120000
Page / of_ Z_-.
LEGAL DESCRIPTION
THE SOUTH 20 FEET OF THE NORTH 55 FEET OF THE EAST 10 FEET OF LOT 27 OF THE PLAT
THEREOF, COCONUT RIVER UNIT 1, AS RECORDED IN PLAT BOOK 3, PAGE 58, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
GENERAL NOTES
1) P,O.C. = POINT OF COMMENCEMENT
2) P.O,B. = POINT OF BEGINNING
3) SEC. = SECTION PREPARED BY:
5) RGE. = RANGE ---
$) 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
DI~AWN I~¥ UM~KE[~ t~¥ SCALE DATE FILE NO.
NOT TO SCALE JAN UARY 19, 2000 STWR615S SHEET 1 OF 1
PROJECT: City of Naples/Collier County Computerized Signal System
FOLIO: 26731200001
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between AMERICAN REAL ESTATE HOLDINGS LIMITED
PARTNERSHIP, SUCCESSOR IN INTEREST TO AMERICAN PROPERTY INVESTORS X,
a Delaware Limited Partnership, by its undersigned General Partner (hereinafter referred to
as "Owner"), whose mailing address 100 South Bedford Road, Mt. Kisco, New York 10549,
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.
WlTNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for 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;
1
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.
5. 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 the County. The cost of a title commitment shall be paid by County.
6. 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.
7. 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.
8. 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.)
9. This Agreement is governed and construed in accordance with the laws of the State
of Florida
2
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQU'S'T'ON APPROVED BY BCC: ~,~-~
AS TO COUNTY:
DATED:
DV~IGHT E.: BROCK;: Clerk
' '/ : ,Deputy Clerk
Attest as to Chatman's
si g.ature Only.
AS TO OWNER:'..,'
WITNESSES:
Witness (Signature)
Name:
(Print)
(~ (~LRiI~ R ~F :~DOAMMISSIONERS
TI~Y J. C(~AN'I[INE, Chairman
AMERICAN REAL ESTATE HOLDINGS
LIMITED PARTNERSHIP, SUCCESSOR IN
INTEREST TO AMERICAN PROPERTY
INVESTORS X, a Delaware
Limited Partnership
By: AMERICAN PROPERTY INVESTORS,
INC., a Delaware corporation
Name:
(Print)
Its: General Partner
BY:
P. Saldarelli
,,s:
Approved as to form and
legal sufficiency:
Assistant County Attorney
Address:
100 South Bedford Road
Mt. Kisco, NY 10549
3
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT: 60171
PARCEL: 104
EXHIBIT Fouo: 26731200004
Page / of__Z---
LEGAL DESCRIPTION
THE SOUTH 20 FEET OF THE NORTH 55 FEET OF THE EAST 10 FEET OF LOT 27 OF THE PLAT
THEREOF, COCONUT RIVER UNIT 1, AS RECORDED IN PLAT BOOK 3, PAGE 58, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION PREPARED BY:
5) RGE. = RANGE '~ ~3' ..........
8) 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 BY U. HEI..;KEL~ t~Y SCALE DATE FILE NO.
NOTTO SCALE JANUARY 19, 2000 STWR615S SHEET