Parcel 351MEMORANDUM
To:
From:
Date:
Subject:
Sue Filson, Administrative Assistant
Board of County Commissioners
Ernie W. Kerskie, Real Property Specialist~V""~'U'
Real Property Management Department
July 13, 2000
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcel: 351 I Robertson
Attached you will find one (1) Easement Agreement for execution by Chairman Timothy
J. Constantine concerning the above transaction. Please be advised that Robert N.
Zachary, 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
instrument 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 99-292, Item 8(b){7), dated June 22,
1999.
Once the Agreement has been executed, please forward 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.
Thankyou.
Attachments as stated
Real Property Management Department
PROJECT: GOLDEN GATE BOULEVARD
PARCEL: 351
FOLIO: 37117080009
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between SHANE ROBERTSON and ROBIN EDGAR
n/k/a ROBIN E. ROBERTSON, Husband and Wife (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, utility and maintenance purposes (hereinafter referred to as the "Easement")
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 Owner desires to convey the Easement (hereinafter referred to
as "Property") to the Purchaser for the stated purposes, on the terms and conditions set
forth herein;
WHEREAS, the Owner desires to be compensated for the Property as well as any
improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the
conveyance of the Property and for the improvements located thereon.
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:
1. Owner shall grant Purchaser the Properties in exchange for the sum of
$1,600.00, broken down as follows:
Easement
Improvements (If any)
$ 300.00
$1.300.00
TOTAL: $1,600.00
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 Properties. 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 shall be provided to Purchaser on or before the date of closing.
5. 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.
6. 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.
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 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.
8. 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). The cost of the title
commitment shall be paid by the Purchaser.
9. 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.
10. 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.)
11. 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.
12. This Agreement is governed and construed in accordance with the
laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this !~ day of ~ ,2000.
Dated Project/Acquisition Approved by BCC: 4/28198 16(B)1 (Res. #98-107)
6/22/99 8(B)7 (Res. #99-292)
AS TO PURCHASER:
ATTEST:
DWIGHT E..BROCK, Clerk
.4, /~, Depu(y~Slerk
s ure'
BOARD O F~.GOtdlqT'~-]~Vll S S I O N E RS
COLLIER <~.OUN.,TY, FLORIDA
Tim t~. Const~/t~e:
AS TO OWNER:
DATED: J f'~'/t/' / / / ,~..~
W7tnes. A.~gnatu~)~/
pe) .
Wita,~/.qini~,~,. __.
(Print or Type)d
S HA~NE~O B E ~'TSO~,,I
"V~t~'e s ~i;i n a~ u rb') /'
Name: ;;~~~J,- -~"--~
Wi~¢ess (IS!g~atL~r~--- ..(J, '
(Print or T~pe) ~
ROBIN EDGAR, n/k/a ROBIN E.
ROBERTSON
Approved as to form and
L eg~n cy: .................~
Assistant County Attorney
PROJECT NO. '63041
PROJECT PARCEL NO.351
¢o~o~ 3-I 1 I-7 o~ oooq
EXHIBIT
PNle I of
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
',,.~
The North 15 feet of the South 65 feet of the East 75 of the West 180
feet of Tract 109, Golden Gate Estates Unit No. tl, as recorded in Plat
Book 4, Page 103 of the Public Records of Collier County, Florida.
NORTH PROPERTY LINE
75 FEET
WEST PROPERTY LINE
EXISTING R/W LINE'~[i
.......... _.-::- -.
(GOLDEN GATE BLVD,)
SOUTH PROPERTY LINE'-"T
SCALE: 1 inch · 100 feet
EAST PROPERTY LINE
15 FOOT DRAINAGE , UTILITY AND
MAINTENANCE .~ASEMENT
{EXISTING 50 FT, R/W EASEMENT)
Public Works Engineering Dept.
3301 Tamiami Trail East
Naples, FL 34112
Coltier Counly Real Property Managemenl Department 07/01/96 4:22 PM