Parcel 220 ATO:
FROM:
DATE:
Re:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Rachel Collazo i'~CC
Real Property Specialist I
Real Property Management Department
November 15, 2000
Golden Gate Boulevard, Project 63041;
Parcel: 220A
Please find attached one (1) oriQinal Easement Agreement and one (1) ori_~inal
Easement and (1) original Temporary Driveway Restoration Easement for the above
referenced project.
The Board of County Commissioners of Collier County, Florida approved the acquisition
by gift or purchase pursuant to Resolution 98-107, Agenda Item 16 B 1, dated April 28,
1998, and approved the acquisition by condemnation pursuant to Resolution 99-286,
Agenda Item 8 B 6, dated June 22, 1999.
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: Golden Gate Boulevard
PARCEL: 220A
FOLIO: 36965600001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between ALEJANDRO CARDOSO and MARIA
CARDOSO, 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
sidewalk, drainage, utility, and maintenance (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
$10,100.00 broken down as follows:
Easement $
Temporary Driveway Restoration Easement$
Improvements $
Severance Damages $
900.00
100.00
2800.00
6300.00
TOTAL: $10,'100.00
Owner accepts the above payment as full compensation 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, including all attorney's fees and costs arising under
Sections 73.091 and 73.092, Florida Statute.
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).
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 ['~../.~c.~,,~- ,2000.
Date Property acquisition approved by BCC: 4/28/98 Resolution No. 98-107
Date Property condemnation approved by BCC: 6/22/99 Resolution No. 99-286
AS TO PURCHASER:
DATED: ~c~,4z,~r~/¢ 2.~
..""' ATTE$~;~
~: ..."'::."*:' D'WI.,G"I~!'~i~E. BROCK, Clerk
signature on15.
BOARD OF COUNT~_~_Y_C~MMISSlONERS
COLLIER,S,, TY, FLORIDA
TI~Y J. C'O~AN'NNE, 'Chairman
AS TO OWNER:
DATED:
W~ness (Signature)
N ame:~-~',~ ~
_ (P'~int o'r'Typ~) '
Witness (Signature)
Name:
~ (Print orType)
wit s
~rin~ o~ty~e)-
Witness (Signature)
Name:
(Print or Type)
ALE/JANDRO CARDOSO
1 Golden Gate Boulevard W
Naples, FL 34120
'~/MARIA CARDOSO
1870 Golden Gate Boulevard W
Naples, FL 34120
Approved as to form and
legalS., sufficiency:/'1 /
JEIlen T. Chadwell
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. 220 A
EXHIBIT
p~g~._.J._~ ....! ....
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The South 25 feet o[ the North 75 feet of the East 150 feet of Tract 81,
Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of
the Public Records of Collier County, Florida.
NORTH PROPERTY LINE
(EXISTING 50 FT. R/W EASEMENT
EXISTING R/W LINE
WEST PROPERTY LINE
(GOLDEN GATE BLVD.)
PROPOSED 25 FOOT SIDEWALK, DRAINAGE,
UTLITY AND MAINTENANCE EASEMENT
EAST PROPERTY LINE
N
150 FEET
SOUTH PROPERTY LINE T
SC,4LE.' l/rich = 100 fee!
Collier Courtly Real Property Management Department 04127/99 2:57 PM
PROJECT: Golden Gate Boulevard
PARCEL: 220AT
FOLIO: 36965600001
EXHIBIT "B"
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
The East 30 feet of the West 75 feet of the South 10 feet of the North 85 feet of the
East 150 feet of Tract 81, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4,
Page 97 of the Public Records of Collier County, Florida.
PROJECT: Golden Gate Boulevard
PARCEL: 220A
FOLIO: 36965600001
2684874 OR: 2717 PG: 3109
RBCORDID in O~HCIA~ RBCORDH of COLLIBR COU#YY,
09/0~/2000 ~t 12:127M DWIGHT N. BROCK,
Retn:
RBAL PROPBR'fY
8991
IN?BR OHICB
15.00
3. O0
p~epa~ed by: .....
n T Chadwell, Esqu~r~
3301 East TamJam' ''
Naples, Florida 34112
(941) 774-8400
EASEMENT
THIS EASEMENT, made and entered into this t~-~r~day of /:{-~ ~ "-J '~-[-- , 2000, by
ALEJANDRO CARDOSO and MARIA CARDOSO, husband and wife, whose mailing address is
1870 Golden Gate Boulevard W, Naples, FL 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-exclusive easement, license, and privilege for
sidewalk, 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 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, utility, and maintenance 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.
THIS CONVEYANCE ACCEPTED BY TNE]
COl '. '.~ r.p C.:,L~J~T;', FLORIDA,~
FURSUA[~T TO THE PROVISIONS j
OF RESOLUTION NO,. ~-~(~ .
This property has been acquired under
threat of COndemnation and is exempt from
documentary stamp lax
OR: 2717 PG: 3110
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year
first above written.
,~/].TNESSES:
Witne%s_~Sjgnature)
(Print or Type)
Witness (Signature)
Name: ~" ~ ~'~'
(Print or Type)
Wit~ess (S~at~re) ~.
Uame~[ ~,
(~(~t or f~pe~
Witness (Signature)
Name: [~f ~.
(Print or Type)
1870 Golden Gate Boulevard W
Naples, FL 34120
~VIARIA CARDOSO
1870 Golden Gate Boulevard W
Naples, FL 34120
STATE OF ¢-~_~ p-, r~
COUNTY OF C'~ ~-L.~ ~: ~
The foregoingEasement was acknowledged before m~__.~.~_~ day of
,z} ~j, ~ ~3 ~'T-,2000 by ALEJANDRO CARDOSO, who is ~,.~sonally t(n~/~to me or who
has produced as identification.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
STATE OF
COUNTY OF
~_~he fore.going
produced
(affix notarial seal)
Easement was acknowledged before me this ?~F-. day of
, 2000 by MARIA CARDOSO, who is I:~-"~na~-[[~'~ to me or who has
as identification.
(Signature of Notary' Public)
(Print Name of Notary Public)
NOTARY PUBLIC/Commission #:
My Commission Expires:
PROJECT NO. 63041
PROJECT PARCEL NO. 220 A
*** OR: 2717 PG: 3111 ***
EXHIBIT
Page, [ ef
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The South 25 feet of the North 75 feet of the East 150 feet of Tract 81,
Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of
the Public Records of Collier County, Florida.
NORTH PROPERTY LINE
(EXISTING 50 FT. R/W EASEMENT
EXISTING R/W LINE
WEST PROPERTY LINE
. ! _ (GOLDEN GATE BLVD.)
........... i ....... PROPOSED 25 FOOT SIDEWALK, DRAINAGE,
UTLITY AND MAINTENANCE EASEMENT
EAST PROPERTYLINE
N
150 FEET
SOUTH PROPERTYLINE T
SCALE.' linch = 100fee!
Collier County Real Property Management Depadment 04127199 2:57 PM
PROJECT: Golden Gate Boulevard
PARCEL: 220AT
FOLIO: 36965600001
2684875 OR: 2717 PG: 3112
RSCORDB9 in OFFICIAL RBCORDS of ¢OLLIBR COUNTT,
09/05/2000 at I2:12FH D¥IGHT ~. BROC[, CLBRE
UC ;~
Retn:
RBAL PROPHR?Y
SZ? 8991
IN?SR OFFICE
COMBS
15.00
3.00
Prepared by:
Ellen T. Chadwell, Esqutre
Office of the County Attorney
3301 East TamJam~ Trail
Naples, Florida 34112
(941) 774-8400
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THIS EASEMENT granted this UfJL~'~-~ day of ~-0 ~ 0 ~T~, 2000, by ALEJANDRO
CARDOSO and MARIA CARDOSO, husban(J and wife, whose mailing address is 1870 Golden Gate
Boulevard W, Naples, FL 34120 as Grantor, to COLLIER COUNTY, a political subdivision of the
State of Florida, 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 or assigns.)
WlTNESSETH 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 restore 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 HOMESTEAD PROPERTY
THIS CONVEYANCE ACCEPTED BY Ti. IE1
BOA2D OF COI;!<TY COMM_~SST, O,qERS,
COI'][P COU;~TY, FLORIDA,
FUE'SUANT TO THE PP~VISiONS :
OF RESOLUTION NO. _ ~q-~.~ ;
This property has been acquired under
threat of condemnation and is exempt from
documentapj stamp tax
OR: 2717 PG: 3113
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year
first above written.
WITNESSES:
Witn~'~ss (Sign~.tur~)
Name,'~',~, ,',
(Print or Type)
Witness (Signature)
Name: ~~
(Print or Type)
wit e s Ts tur )
Name~~
Witness (Signature)
Name: ~
(Print or Type)
1870 Golden Gate Boulevard W
Naples, FL 34120
1870 Golden Gate Boulevard W
Naples, FL 34120
STATE OF
COUNTY
i.~h~e foregoin(~ Tempora, ry Dri~veway Restoration Easement was acknowledged b~is
~---/~ day of /7~ ~ ~ ~ .~, 2000 by ALEJANDRO CARDOSO, who is ~~
to me or who has produced as identification.
(affix notarialseal) ~ ~, ~~ ~
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
STATE OF ~'~¢
COUNTY OF
,The foregoing Temporary Driveway Restoration Easement was acknowledged before me this
L~ day of ~ ~o ~ --~'-F-, 2000 by MARIA CARgOSO, who is I~'~onally knome
or who has produced as identification.
(affix notarial seal) ~ ,/~,~). ~
(Signature o'-~f Notary Public)~
Ernest W, Kerskie
"~1~'~~ ~ CC 753115
5q3tm~ J~e 21, 2~2
AT~C BONDING ~., INC
(Print Name of Notary Public)
NOTARY PUBLIC/Commission #:
My Commission Expires:
*** OR: 2717 PG: 3114 ***
PROJECT: Golden Gate Boulevard
PARCEL: 220AT
FOLIO: 36965600001
EXHIBIT "A"
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
The East 30 feet of the West 75 feet of the South 10 feet of the North 85 feet of the East
150 feet of Tract 81, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page
97 of the Public Records of Collier County, Florida.