Loading...
Parcel 334TO: FROM: DATE: RE: MEMORANDUM SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS ERNIE W. KERSKIE, REAL PROPERTY SPECIALIST REAL PROPERTY MANAGEMENT DEPARTMENT MARCH 19, 1999 GOLDEN GATE BOULEVARD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 63041 PARCELS: 334 / CONDE Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Heidi F. Ashton, Assistant County Attorney, has reviewed and approved the attached documents. 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 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: Golden Gate Boulevard PARCEL: 334 FOLIO: 37114720003 & 37! 14760005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the 'Agreement") is made and entered into by and between JOSE A. CONDE, SR. AND GERALDINE CONDE, 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 over. under, upon and across the lands described in Exhibit 'A', which is attached hereto and made a part of Ihs Agreement, described as follows, to wit; SEE ATTACHED EXHIBIT 'A', which is incorporated herein by reference; WHEREAS. the Purchaser requires a perpetual, non-exclusive Temporary Driveway Restoration Easemenl over, under, upon and across the lands, for reconstructing the driveway, described as follows, lo wit: SEE ATTACHED EXHIBIT'B'. which is incorporated herein by reference; WHEREAS. the Owner desires to convey the Easement and the Temporary Driveway Restoration Easement to the Purchaser for the staled purposes, on the terms and conditions set forth herein; WHEREAS, the Owner desires to be compensated for the Easement and the Temporary Driveway Restoration Easement. es well as any, improvements located thereon; WHEREAS. the Purchaser has agreed to compensate the Owner for the granling of the Easement and the Temporary Driveway Restoration Easement (hereinafter collectively referred to as 'Properties") and for the improvements, over, under, upon, and across the Properties. 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 belween the parties as follows: 1. Owner shall grant Purchaser the Properties in exchange for the sum of $2,700.00. broken down as follows: Easement Temporary Driveway Restoration Easement Improvements 600.00 100.00 2000.00 TOTAL: $ 2700.00 Owner accepts the above compensation as full payment for the Properties, and for all landscaping, trees, shrubs, improvements and f'~ures located thereon, and for any damages resulting to the remainder, if less than Owner's entire properly 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 olosing ~ occur within sixty (60) dey~ from the date Purchaser executes this Agreement; provided; however, that Purchaser shell have Iha unllaterel right to extend the term of this Agreement Indeflr~ltaly, pending receipt of such instruments, pmporly executed, which e~er rernove, release or subordinate any and all such liens, encumbrances m' qualifications affecting Purchaser's enjoyment of the Properties. At dosing, Purchaser N'mll deliver the County Warrant to Owner and Owner shall deliver the Properties to Purchaser in an InslnJmant acceptable to Purchaser. 4. Prior to the cfi:ming, Owner shall obtain from the holders of any and all liens. encumbrances, excaplk~'m, or quMtiicatinns In and to the Eesamanl, the execution of such Instruments that will, upon their recording In Ihs Publk~ Records of Collier County, Florida, clear any and all encumbrancel from the EesernanL Such inlb"uments, including the Temporary Driveway Restoration Easement. shall be provided to Purchaser on or before the date of closing. Page 2 5. Conveyance of the Properties, or any interest in the Properties, by Owner is contingent upon no other provisions, conditions, or premises other than Ihose so stated above; and the written Agreement, including all exh~its 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. 6. Owner is aware and understands thal the "offer" to purchase represented by this Agreement is subject to acceptance and approval by lhe Board of Count7 Commissioners of Collier County, Florida. 7. Owner represents Itml 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 prol~ contiguous to or In Ihe vicinity of the Properties to be sold to the Purchaser, that the Owner has not received notice and othen,~lse has no knowledge of a) any spill on the Properties, b) any existing or threatened environmental lien agalnsl 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. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser wt~ respeot to, any and M damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of coud, in bankruplcy or administrative proceedings or on appeal), penalties or fines incurred by or asseded against the Purchaser by reason or arising out of the breach of Owner's representation under Section 7. This provision shall survfve closing and is not deemed satisfied by conveyance of title. 9. The Purchaser shall pay for all costs of recording the conveyance instruments in the Public Records of Collier Courtly. Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curalive instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associaled with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Easement from the mortgagee{s). 10. This Agreeme~ and the tatum 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, peroonal representatives, successors, successor truslees, and/or assignees, whenever the context so requires or admits. 11. If the Owner holds the Properties in the form of a partnership, limited partnership, corporation, bust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 288. Florida Stalutes, under oath, of Ihe name and address of every person having a beneficial inta~est in the Properties before the Properties held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporaflo~ 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.) 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN V~ITNESS WH,~R...EOF, the parties hereto have executed this Agreement on this ~_.~"'~:~day of Dated Pro~ct/Acqulsition Approved by BCC:_04~8/98 ~ TO PURCI-I~? .,. DWIGHT E; BROC~ ~lerk Attest as to Chelrum'l slg~&ture o.1,/, BOARD OF COUNTY COMMISSIONERS COLLIER ~)JN'TY', FLOR;DA BY: Pa~ ~ AS TO OWNER: ~)ATED: ~ ' I Approved as lo fo~m a~d legal sufficiency: Assistant County Attorney J/~'~ A. Conde, Sr. ~' 371 Golden Gate Boulevard W. Naples, Florida 34120 371 Golden Gate Boulevard W. Naples, Florida 34120 PROJECT NO. 63041 PROJECT PARCEL NO. 334 EXHIBIT.. .. f_L_ LEGAL DESCRIPTION & SKETCII (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 225 feet of Tract 73, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. 225 FEET 15 FOOT DRAINAGE; , UTILITY~ AND MAINTENANCE EASEMENT (EXISTING 50 FT. IMN EA~;MEN'r) Project: Golden Gate Boulevard Parcel: 334 Temporary Driveway Restoration EXHIBIT 'B' THE WEST 30 FEET OF THE EAST 98 FEET OF THE NORTH 10 FEET OF THE SOUTH 75 FEET OF THE EAST 225 FEET OF TRACT 73, GOLDEN GATE ESTATES UNIT NO. 11, AS RECORDED IN PLAT BOOK 4. PAGE 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.