Parcel 165TO:
FROM:
DATE:
RE:
RECEIVED
INTEROFFICE MEMORANDUM
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specialist !1
Real Property Management Department///~:/
March 17, 1999
Golden Gate Boulevard, Parcel 165
Project 69031 (Farina & Batto)
Pursuant to Resolution 98-107, Agenda Item 16.B.1, dated April 28, 1998, 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.
For the Golden Gate Boulevard Project, please reference Resolution No. 98-107,
Paragraph 8.
The attached Easement Agreement has been executed by the property owner of
the subject parcel of land.
These documents have been reviewed and approved by County Attorney staff.
Please complete the document(s) as necessary and return them to my
attention,
If you have any questions regarding this matter, please contact me at 774-8991
Thank You. '
Attachment:
PROJECT: Golden Gate Boulevard
PARCEL NO: 63041 (165)
FOLIO: 36866000001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between GLORIA FARINA and PHYLLIS BATTO, as
tenants in common without rights of survivorship, whose mailing address is 490
Columbia Boulevard, Wood Ridge, NJ 07075, (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Flodda, its successors and
assigns (hereinafter referred to as "Purchaser");
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:
1. Owner shall convey the Property to Purchaser for the sum of $1,200.00 (One
thousand Two Hundred Dollars and no/100) 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.
2. Pdor 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 Properly
upon their recording in the public records of Collier County, Florida. Owner shall
provide such instruments, properiy executed, to Purchaser on or before the date
of Closing.
3. 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.
4. 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 wdtten or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
Easement Agreement Page 2
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, Flodda,
6. 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, p.m~eding 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.
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 Pumhaser 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 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 bome 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).
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 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 padjes hereto have executed this Agreement on
this/?:~7'_J day of_'-'~ ~ _, 197~__..
Date Property acquisition approved by BCC:'
AS TO PURCHASER:
DATED: c~.. ~~/~
AS TO OWNER:.
WITNESSES:
~./,,~(S ign ature.).....)..~
(Printed Name)
(Signat~re) ,
(Prfnted Name)
,~.S~ignature) _ ¢.
(Pdnted Na~e)
__,~ (Signatur..e) ,,
(Printed Name)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORID/~
BY:~
, C~airman -
oria Fadna
490 Columbia Boulevard
Wood Ridge, NJ 07075
hyllj~ Batto
490 Columbia Boulevard
Wood Ridge, NJ 07075
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. 165
LEGAL DESCRIPTION & SKETC~ '
(NOT A SURVEY)
The Nodh 15 feet of the South 65 feet of Tract 95, LESS the West 30
feet thereof, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4,
Page 93 of the Public Records of Colller County, Florida.
~sr P~,r~'n, u~
i
FOOT DRAINAGE, UTn. ITY
EAST PROPERTY LJNE