Parcel 314AMEMORANDUM
To:
From:
Sue Filson, Administrative Assistant
Board of County Commissioners
Ernie Kerskie, Real Property Specialist II
Real Property Management Department
Date:
August 22, 2000
Subject:
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcels: 314A/Maribona
Attached you will find one (1) Easement Agreement for execution by Chairman
Timothy J. Constantine concerning the above transaction. Please be advised
that Robert Zachary, Assistant County Attorney, has reviewed and approved the
attached documents.
The Board of County Commissioners of Collier County, Florida approved the
acquisition by gift, purchase or condemnation for Parcel 314A in Resolution 99-
290, Item 8(B)(7), dated June 22, 1999. Pursuant to the previous 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 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.
Thank you.
Attachment as stated
PROJECT:
PARCEL:
FOLIO:
Golden Gate Boulevard/63041
314A
37163780007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into
by and between WILFREDO MARlBONA and BARBARA MARlBONA, 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, sidewalk, 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 Purchaser requires a non-exclusive Temporary Driveway Restoration Easement
(hereinafter referred to as "TDRE") over, under, upon and across the Owner's lands, for reconstruction of the
existing driveway, described in Exhibit "B", which is attached hereto and made a part of the Agreement,
described as follows, to wit;
SEE ATTACHED EXHIBIT "B", which is incorporated herein by reference;
WHEREAS, the Owner desires to convey the Easement and the TDRE (hereinafter collectively referred
to as "Properties") to the Purchaser for the stated purposes, on the terms and conditions set forth herein;
WHEREAS, the Owner desires to be compensated for the Properties as well as any improvements
located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the conveyance of the Properties
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 $2,600.00, broken
down as follows:
Easement
Temporary Driveway Restoration Easement
Improvements (If any)
$ 900.00
$ 100.00
$1.600.00
TOTAL: $2,600.00
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, including the TDRE, 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. The cost of a title commitment shall be paid by the Purchaser. 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 a 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 thisol*l,,~-~, day of
~ ,2000.
Date Property condemnation approved by BCC: 6/22/99 8(B)7 Res. No. 99-290
AS TO PURCHASER:
DATED:, L/-,~ 2.~/~
/' A.TTESTt
DWl Clerk
Clerk
as to CM rma's
stg at,
DATED: '~- z I - Zooo
Witness (Signature)
Name e~t
(Print or Type)
Wi~es~(Siqn~u[e)
Nam~
(P~int'or ~ype)
BOARD O OU~"~~N~ coMI~11SSlO NE RS
COLLIER OO..UI~Y, F/LORI, I~A /'~
TI~Y J. CON~¥'ANTINi~,, Chairman
WlLFREDO MARlBONA
590 Golden Gate Boulevard W.
Naples, FL 34120
Witness (Signature)
Name:
(Print~or Ty, p.e)_
Wit~e~s S(~.g~ture)' '"'"-.~"-
Name~?3~!
(Print or Type)
TM
BAI~BARA MARIBONA
590 Golden Gate Boulevard W.
Naples, FL 34120
Approved as to form and
legal sufficiency:
Robert N~ Zac, i'fary
Assistant County Attorney
OFF,CE OF CAPITAL
3301 EAST TAMIAMI TRAIL
(941) 774-8192
F r-tOJECTS
NAPLES, FLORIDA 34112
SKETCH OF DESCRIPTION
(NOT A SURVEY)
EXHIBIT
A
PROJECT NO. 6304
PROJECT PARCEL NO. 314A
(100' R.O.W.)
GOLDEN GATE BOULEVARD
NORTH PROPERTY LINE
WEST PROPERTY LINE
.!
'L EXIST,
25 FOOT DRAINAGE,
SIDEWALK, UTILITY,
& MAINTENANCE
EASEMENT
WEST ONE HALF
TRACT 50
165'
I EASEMENT--~.
5O
FAST PROPERTY LINE
1§5'
330'
SOUTH PROPERTY lINE
EXISTING RIGHT OF WAY LINE
0 50 100 200
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST ONE
HALF OF TRACT 50, GOLDEN GATE ESTATES UNIT NO. 12. AS
RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
DftAWN BY
FILE NO,
GGB314A
SH~_ET 1 OF 1
Project:
Parcel:
Folio:
Golden Gate Boulevard
314AT
37163780007
EXHIBIT
Page ,I.,,of I
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
The West 30 feet of the East 77 feet of the South 45 feet of the Nodh 120 feet of
the West One Half (W 1/2) of Tract 50, Golden Ga~e Estates Unit No. 12, as
recorded in Plat Book 4, Page 105; o[ the Public Records of Collier County,
Florida. .
~j
George R. Ilichmond P.b,S. #~406
Ptiblic Works !~ngincering Dept.
3301 Tamiami Trail l~ast
Naples, FL 3411:2
MEMORANDUM
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician III
Minutes & Records Management
Ernie W. Kerskie ~x~-~
Real Property Specialist
Real Property Management Department
August 30, 2000
Golden Gate Boulevard Improvement Project
Parcel 314A / Maribona Original Conveyance Documents
Ellie, attached please find the following original recorded documents from the above referenced
project:
Temporary Construction Easement
Easement
The Executive Summary authorizing the Chairman of the Board of County Commissioners to
accept the attached Easements was approved by the Board of County Commissioners Resolution
99-290, Agenda Item 8(B)7, dated June 22, 1999.
Please contact me if you have any questions or comments at 8991.
Thank you.
Attachment as stated
cc: N. Korti, Project Manager, TECMD
Inventory File (with copy of agreement)
Contractors File (with copy of Agreement)
'PROJECT:
PARCEL:
FOLIO:
Golden Gate Boulevard (Project #63041)
314AT 2~807~7 0~: 27~ PG:
37163780007 REC0RI)!D ta 0~ICZIL RIC0P, I)S 0[ C0L~11~ COON?Y,
08/2U2000 at 12:06PN D[I~I? ~. ~NOCI, CLN~N
REC IN! 15.00
3,00
This property has been acquired under
threat of condemnation and is exempt from
documentary stamp tax
REAL PROPBR?Y
BX? 8991
IN?BR OFF[C!
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THIS EASEMENT granted this /0~' day of //)Ff~;/ , ~1~ by
WlLFREDO MARlBONA AND BARBARA MARlBONA, husband and wife as Grantor,
to COLLIER COUNTY, a political subdivision of the State of. F orida, its successors an'd
assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grant...;e" include all the parties to
this instrument and their respective heirs, legal representatives, successors or assigns.)
WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration paid by the Grantee, receipt of which is
hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a
Temporary Driveway Restoration Easement to enter upon the lands described as follows
(the "Easement Area"):
See attached Exhibit "A", which is
incorporated herein by reference.
The Easement'Area, which is adjacent to the permanent easement conveyed by
the Grantor to the Grantee, shall be used by Grantee for the purpose of filling, grading
and placing concrete, asphalt or rock, on the Grantor's lands for the purpose(s) of
constructing, with materials of like kind, a driveway/turnout and/or to provide for
continuous transition between the existing driveway and the newly constructed road,
sidewalk, and drainage improvements on Golden Gate Boulevard. This Temporary
Driveway Restoration Easement shall expire upon completion of construction or August
31, 2004, whichever occurs first. However, if construction is not completed by August
31, 2004, this Temporary Driveway Restoration Easement shall automatically extend to
August 31, 2005. Grantee shall use its best efforts to restor:9 the existing landscaping,
plantings and light fixtures within the Easement Area to its;'original condition. Grantor
and Grantee are used for singular or plural, as the context requires.
THIS IS NOT HOMESTEAD PROPERTY
IN WITNESS WHEREOF, tile Grantor has caused these presents to be executed the
date and year first above written.
W, kTNESS, ES:
---~.~(Signature) , /-.u_ ~u _
Wilfr~o Maribo)~a
590 Golden Gate Boulevard West
Naples, FL 34120
THIS CONVEYANCE ACCEPTED BY Tile
BOARD OF COUNTY COMMISSIONERS,
COlLiER COUNTY, FLORIDA,
FURSUANT TO THE PROVISIONS
OF RESOLUTION !lO. ~9-~70. ~)~)f
Page 2
(~P~inted Name)
, ,
(Printed Name)_.,,/
OR: 2714 PG:
Barbara Maribnna
590 Golden Gate Boulevard West
Naples, Fl_ 34120
1933
STATE OF ~10nD~
COUNTY OF C0 ~¥i CC
The foregoing Temporary Driveway Restoration Easement was acknowledged
before me this IO day of ~'~\ , ~ .by Wilfredo Maribona, who is personally
known to me or who has produced' ~L~ '~i,?. I..~¢..~ as identification.
(affix notarial seal)
Explr~Augu~t 1.2003
(S~ns~ur~No~s~ Public)
(Print Name of Notary Public)
NOTARY PUBUC
Serial/Commission ~: ~ ~
My Commission Expires:
STATE OF ~!Or;~l'~
COUNTY OF ~1_0 [!-,,'-C~-
The foregoing Temporary Driveway Restoration Easement was acknowledged
before me this .!Oday of
, 1 b Barbara Maribona, who is personally
known to me or who has produced ¢:'~t..~ ¢. as identification.
(affix notarial seal)
(Signature oI N~'tary Public)
(Print Name of Notary Public)
NOTARY PUBLIO
Serial/Commission #: g
My Commission Expires:
~repared by:.
Robert N. Zachary, Esquire
Office of the County Attorney
3301 Eas[ Tamlarni Trall
Naples, Florida 34112
(C:41) 774-8400
' *** OR: 2714 PG: 1934 ***
Project:
Parcel:
Folio:
Golden Gate Boulevard
314AT
37163780007
EXHIBIT "A"
?
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
The West 30 feet of the East 77'feet of the South 45 feet of the North 120 feet of
the West One Half (W 1/2) of Tract 50, Golden Gate Estates Unit No. 12, as
recorded in Plat Book 4, Page 105, of the Public Records of Collier County,
Florida.
Public Works Engineering Dept.
3301 Tamiami Trail East
Haplos, FL 34112
'PROJECT: Golden Gate Boulevard
PARCEL: 314A
FOLIO: 37163780007
This property has been acquired under
2680796 OR: 2714 PG: 1929
RBCORDBD in OFFICIAL RICORDH of COLLIBR COUNYY, FL
08/24/2000 at 12:0~PM DWISH? I. BROCK, CL]{RK
I~C ~B! IS.00
3,00
threat of condemnation and is exempt from
documentary stamp tax
RIAL PROPIRYY
IX? 8OSI
IIYIR OFFICl
EASEMENT
THIS EASEMENT, made and entered into this J0 ~9Y of /}-t0r';{
1~ by WILFREDO MARlBONA AND BARBARA MARlBONA, husband and wife'
whose mailingaddressis 590 Golden Gate Boulevard West, Naples FI 34120, 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 ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusiv,e easement, license, and privilege for sidewalk, drainage, utility
and maintenance pu. rposes, on the following described lands located in Collier County,
Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, remove all landscaping, trees, shrubs, improvements
or fixtures located thereon and take materials for the purpose of constructing, operating
and maintaining sidewalk, drainage, and utility facilities thereon. Grantor and Grantee
are used for singular or plural, as the context requires. The easement granted herein
shall constitute easements running with the land and shall burden the lands described
above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
Wilf~'do Maribp~a
590 Golden Gate Boulevard West
Naples, FL 34120
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
COI.lIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION, NO.
OR: 2714 PG: 1930
Page 2
/~gna!~e)
ignature) .
(Printed Name)
Barbara Maribona
590 Golden Gate Boulevard West
Naples, FL 34120
STATE OF ~'1
COUNTY OF
The,?~;~,~ljtoing Easement was acknowledged before me this ~C~'~h day of
(::~\, v;I,899, by Wilfredo Maribona, who is personally known to me or who has
produced ~¢'$or~e,~ ~,z~o--o~O as identification.
(affix notarial seal)
Aaron Thomas
My Commssion CC8t~9aS4
Expires August 1{ 2003
(Signatu r~"'of
>' '~ Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: (~¢..~_ %~:tq[,~q'
My Commission Expires:
STATE OF (~ ¢[0[';~
COUNTY OF O~t '~ ~,~f~
The .~oing Easement was acknowledged before me this 1~~'~ day of
t5~'; ~ , ~.,?Jg9, by Barbara Maribona, who is personally known to me or who has
p~'oduced '~.,'~* ~o.~0 as identification.
(affix notarial seal)
.~?,m~ ~ (Print Name of Notary Public)
My c~..~. ccs~ma NOTARY PU BLJC
t
'~,~ F..~.~.., ~, ~00~ Serial/Commission #:
My Commission Expires:
Prepared by:.
Robert N. Zachary, Esquire
Office of the County Attorney
3301 East Tamlaml Trail
N~ples, Florida 34112
OR: 2714 PG: 1931
OFFICE OF CAPITAL
3301 EAST TAMIAMI TRAIL
(941) 774-8192
PROJECTS
NAPLES, FLORIDA 34112
SKETCH OF DESCRIPTION
(NOT A SURVEY)
EXHIBIT
PROJECT NO. 6304'
PROJECT PARCEL NO. 314A
WEST PROPERTY LINE
/'
(lOO' R,O.W.)
GOLDEN GATE BOULEVARD
3,: )'
'L EXIST, 50' R\' EASEMENT---~.
TRAC] 50
'"'~ EAST PROPERTY LINE
165' 165'
L330'
SOUTH PROPERTY LINE
25 FOOT DRAINAGE,
SIDEWALK, UTILITY,
& MAINTENANCE
EASEMENT
WEST ONE HALF
TRACT 50
NORTH PROPERTY LINE
.~"- EXISTING RIGHT OF WAY LINE
0 50 100 200
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST ONE
HALF OF TRACT 50, GOLDEN GATE ESTATES UNIT NO. 12, AS
RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
DRAWN BY
ICHECKEDBY
"sc~_E ..............
1"=100'
DATE [ FILE NO. ...... "'
JULY 20, 1998 GGB314A,~ ~...
SI-I~ET 1 OF 1