Mary A. CiabattariTO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb
Real Property Sp~ci~ist
Real Property Management Department
February 8, 2001
RE: Livingston Road (Golden Gate Parkway to Pine Ridge Road
Project #: 60071; Parcel #: 874
Please find attached one (1) oriqinal recorded Easement and one (1) oricnal
Easement Agreement for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved the acquisition
by gift or purchase pursuant to Resolution 200-447 Agenda Item 8 B 4, dated November
28, 2000, and approved the acquisition by condemnation pursuant to Resolution 2000-
446, Agenda Item 8 B 1, dated November 28, 2000.
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
cc:
Mitch Riley, Transportation Engineering & Construction Management w/attachment
Tax Appraiser's Office w/attachment (Easement only)
Inventory File w/attachment
Project's Contractors File w/attachment
Office of the Real Property Management Department
PROJECT: 60071
PARCEL NO: 874
FOLIO NO.: 00286040004
p~epa~ed by~
Ellen T. Chadwell, Esquire
Office of the County Attorney
330~ East Tam~ami Trail
Naples, Florida 34112
(941) 774-8400
2744992 OR: 2772 PG: 0179
RICOII)BD in OFFICIAL IICORDS of COLLIS!t COUI~Y,
o2/ol/2ool at 10:59A, DU~ B. BROCK, CLm
COHS 100.00
4.00
letn:
REAL
BIT 89S1
This property has been acquired under
threat of condemnation and is exempt from
documentary stamp tax
DRAINAGE EASEMENT
THIS EASEMENT, made and entered into this ~7~ day of
2000, by MARY A. CIABATTARI, whose mailing address is 483 Ashford Avenue,
Ardsley, New York, 10502, 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 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 NOT HOMESTEAD PROPERTY.
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 the purpose of constructing,
operating and maintaining 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.
~/itness (Signature)
Name: ~-~J ~ ~ t¥'~. ~-i ~6¢) 1T~r~.'(
(Print or Type)
)/Uitness (Sienajure) /'/'~,
(Print or Type)
MARY A. CI~3ATTAR~~'
CONVEYANCE APPROVED
h~;~ qF ~~ COMMISStONEF~
LLtE ~ COUN~ FL~DA,
o~.S~A ~T~ O THE ~SlONS
OR: 2772 PG: 0180
STATE OF /V~,J ~-/~/C
COUNTY OF
The foregoing Drainage Easement was acknowledged before me this ~r~ day
of /~ ~d-~v~.~herc--,2000 by Mary A. Ciabattari, who is personally known to me
or who has produced as identification.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: O
My Commission Expires:
~ ANDREA T RO.~NBEI~
Notary Public - State of New YOf~
~ No. 0! ~)4935,509
Quqfi,"~C in Wesf chester Couo~,
Assistant Count~ Attorne~
Etlen To Chadwell
EXHIBIT
Page__Z_of ,z. _
OR: 2772 PG: 0181
PROJECT: NO. §Q07t
PROJECT PARCEL NO: ~
TAX PARCEL NO.
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF DRAINAGE EASEMENT (NOT A SURV,EY) T--> ~
(SEE SHEET 2 OF 2 FOR DESCRIPTION OF DRAINAGE EASEMENT)
SCALE: I" = 60'
EXISTING R.O.W.-.-.~
COUNTY PROJECT
NO. 60111
RELATED GROUP P.U.D.
HIWASSE, INC.I
286+00 I 288+00
......................... -- ...... ~O~THV~ST CORNER\
~JWt'IEftSI"IIP SUBJECT TO CURREtVT [)RED ()F RECORD i OF SECTION l& \
t~¢JAD RIGHT-OF-WA Y /- SECTION LINE AND
/ SURVEY BASELINE ,~
IO.R. ,;~JO, P[L 556] EAST LINE OF SECTION 13--~ ,...-- S~ 0035'30"E 1319.92 I ! I /~/ '""~
I I ii ~
HIEST 30' ROAD RIGHT-OF-WAY, DRAINAGE, ~ ~ -- ~ ~ST LINE OF SECTION 16j . i 30' PROPOSED R.O.W.
U~LITY AND MAINTENANCE EASEMENT ,~IF~ ~ "~ P.O.B. R COUNTY PROJECT NO.
. PINE RIDGE ROAD
(O.R. 1672, PG. 354) _+LN 00'1,5'30"V~ ~ ,
~2.54 ~ PARCEL 811
WEST 30' EA'JEHENT ['-'OR COUNTY PROJECT NO. 60111
PUBLIC ROA[;' fi'IeHT-OF-WAY %--PARCEL 874 ! PINE RIDGE ROAD
12.46
MARY A. ClABATTARI PINE RIDGE GOLF CENTER, LTD.
O.R. 815, PG. 16 O.R. 2185, PG. 51
PROPOSED BYRNWOOD P.U.D.
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST
BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZONEx/~90.
PREPARED BY: SHEET 1/,~'F 2
· .... ////
· -ImIJ ~NOIJ 10/16/00 BY:
IIIIr
IIIlIi
IIIIII
IlIlII SCALE: l"/--
IIIIII
Protemm~orm! eaS~aee~I;, plaaa.~l, & ]and ,~yor, DRAWN B~.~ DATE: NOV. 10. 1Egg
EXHIBIT '
Page_ ~ _of ~._a~__.'
OR:
2772 PG: 0182 tit
PROJECT: NO, 60071
PROJECT PARCEL NO:
TAX PARCEL NO.
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION OF' DRAINAGE EASEMENT
A DRAINAGE EASEMENT OVER, UNDER, AND ACROSS ALL THAT PART OF THE
NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 78, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
BEING MORE PARTICULARLY DESCRIBED;
COMMENCING AT THE NORTHWEST CORNER OF SAiD SECTION 18; THENCE
SOUTH 00'75'30" EAST ALONG THE WESTERLY LINE OF SAID SECTION 18 A
DISTANCE OF I,t19.92 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID
SECTION 78, NORTH 89'$5'0J" EAST $0,00 FEET TO THE POINT OF BEGINNING
OF THE EASEMENT HEREIN BEING DESCRlt3ED;
THENCE CONTINUE NORTH $9'55'01" EAST 50. DO FEET;
THENCE SOUTH 00'15'50" EAST 12.46 FEET;
THENCE SOUTH 44'55'01" WEST 42.54 FEET;
THENCE NORTH 00'15°$0" WEST 42.54 FEET TO THE POINT OF BEGINNING OF
THE EASEMENT HEREIN DESCRIBED;
CONTAINING 82.5 SQUARE FEET OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST Z~
PREPARED BY: SHEET ~,/OF 2
mmmn~ ~_~NOL] BY:
Illl~-:
IIII1[
'"'""i~""" ~' .... WA~H~/A~o,',i ~.s.~. ~o. 5~35
Plain ' SCALE: /
IllIll
mmmmnmm URUNDAGEdae.
Professional ensineeru, planners, & l~nd surveyora DRAWN//B/: JAN DATE: NOV. 10, 1999
c,,~.. c...~ ...,,. he, ,.e ~ ~--...,.,, ..~., .. ~,o, (uO-,-.m CHECJ~ BY: WDA PROJECT NO.: 7841
LS~ atTt Joita lot, 1~ ]burr7 ~t.1~e~ loft 1~, ~ ~01 [941~11-1tll '
cmu... d hU.m.u,~ .,,.. ~ u. ,.* n --~ ,.~ [~,,-,m ' FILE lEO: 7274 ACAD NO: 7274-28
PROJECT: 60071
PARCEL NO: 874
FOLIO NO.: 00286040004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between MARY A. ClABATTARI, (hereinafter referred to as
"Owner"), whose mailing address is 483 Ashford Avenue, Ardsley, New York, 10502,
and COLLIER COUNTY, a political subdivision of the State of Florida, its successors
and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301
Tamiami Trail, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for
Drainage, Utility and Maintenance, 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 Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
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:
Owner shall convey the Property to Purchaser for the sum of $700.00, payable by
County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said Property to Purchaser, including attorney's
fees and costs.
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 Purchaser on or before the date
of Closing.
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 Purchaser executes this
Agreement; provided; however, that Purchaser 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 Purchaser's enjoyment of the Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instrument to Purchaser in a form acceptable to
Purchaser.
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.
Easement Agreement Page 2
Owner represents that the Property and all uses of the Property 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 Property 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 Property to be sold to the Purchaser, that the
Owner has not received notice and otherwise has no knowledge of a) any spill on
the Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
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 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
The Purchaser shall pay for all costs of recording the conveyance instrument 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 Property from the mortgagee(s). The cost
of a title commitment shall be paid by Purchaser.
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.
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
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. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~ ~-zc/'~ day of /Vo~/~_.r" ,2000.
Date Property acquisition approved by BCC: November 23, 1999; Resolution # 99-425
March 14, 2000; Resolution #2000-78
AS TO PURCHASER:
DATED: Afar. ~.~-~ ,.~
ATTEST:
:..,D~I,,G. HT E. BROCK, Clerk
/./~,~ ~'. ,~/ ,Deputy Clerk
"-,,AS,TO OWNER:
BOARD OF COUNTY COMMISSIONERS
co..,..
BY: JAM E S D.~A RT'~'~-~~a i r~-a n
V~itness (Si~lnature)
Name: .,~o
(Print or Type)
~ss (Si~atur~
Name:
(Print ~r Type)
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
EXHIBIT2
page__Z_'of .z.
PROJECT: NO. Q0071
PROJECT PARCEL NO:
TAX PARCEL NO,
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH. _OF DRA!.NAG.E. EASEMENT (NOT A ~.URVEY) ~ ~ ~
(SEE SHEET 2 OF 2 FOR DESCRIPTION OF DRAINAGE EASEMENT)
SCALE: I" = 60'
EXIS~NG R.O.~ ~
COUNW PRO~CT
NO. 60111
RELA TED GROUP P.U.D.
i
HIWASSE, INC. ~ I
(O.R. 1695, PG. 605.)
~O
F
286+00 288+00
~= P.O.C.
[~WNEfISH~P SUBJECT TO CURRENT DEED OF fiECORD OF SEC~ON lB
t~OAD RIGHT-OF-WAYIF ~CTION LINE AND
SURLY BASELINE
i[O.t~. ~0, P(~. ~55) EAST LINE ~ SEC~ 13~ ~ S 00~5'30"E 1319.92 / , ~
~ ~ST 30' ROAD RI~T-OF-WAY, DRAINAGE, ~ ~ ~ ~ST LINE OF SECTION 18 ~ 30' PROPO~D R 0
[ U~UTY AND MAtN~NANCE EASEMENT ~,~ ~ ~ P ~ R ~ COUN~ PRO~CT ~0~ ~0~1
OW~ERS~flP 5UBJ~:CT TO PROPOSED DE 4254 ~ PARCEL 811
CURRENT DEED 0~: RECORD . .~~ ~ N 8~1"E ~ PR~OSED DRAINAGE EASEMENT
WEST 30' EASEHEHT FOR _~ ~ ~ au. uu ~ COUN~ PRO~CT NO. 601l~
/O.R. ~5, PO. ~) 5 00~3~EJ
12.46
MA~Y A. ~*eATTA~ PINE RIDGE GOLF CENTER, LTD.
O.R, 815, PG. 16 O.R. 2185, PG. 51
PROPOSED BYRNWOOD P,U.D, I
I
SEC~ON 18, TO.SHIP! 49 SOUTH, RANGE 26 EAST
BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINA~ SYS~M, EAST ZO~O,
,PREPARED BY: 5HEET 1/~ 2
a~a~ ~OU ~ 0/~ 6/00 BY:
III1~
""1"1.~j IW~ ~Lh ~S~. NO.
IllliB
IIIIII
~.. ~ A~ xo~ ~ ~ ~d u u. ~, (~m~lm FILE NO:~ 7274 ACAD NO: 7274-28
EXHIBIT . ",//".
Page~of .__~___'
PROJECT: NO. ~
PROJECT PARCEL NO:
TAX PARCEL NO.
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION OF DRAINAGE EASEMENT
A DRAINAGE EASEMENT OVER, UNDER, AND ACROSS ALL THAT PART OF THE
NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION ~8. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
BEING MORE PARTICULARLY DESCRIBED;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE
SOUTH 00'~5'30" EAST ALONG THE WESTERLY LINE OF SAID SECTION lB A
DISTANCE OF 1579.92 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID
SECTION 18. NORTH 89'5.5'01" EAST 30.00 FEET TO THE POINT OF BEGINNING
OF THE EASEMENT HEREIN BEINC DESCRIBED;
THENCE CONTINUE NORTH 69'55'01" EAST 30.00 FEET;
THENCE SOUTH 00'15'50" EAST 12.46 FEE?~
THENCE SOUTH 44'35'01" WEST 42.5'~ FEET,'
THENCE NORTH 00'15'.50" WEST 42,5~. FEET TO THE POINT OF BEGINNING OF
THE EASEMENT HEREIN DESCRIBED;
CONTAINING 825 SQUARE FEET OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST
PREPARED BY: ~ SHEE~/'OF 2
II Ill IBIII ~.
Iii111 ·
IIIIIlI SCALE: / N~.S.
IIIIIII
Pr(~fe~l~toa~,t enj~eem, p~ers. & land su.-'~yo:rl DRAWN//~ JAN DATE: NOV. 10, 1999