Parcel 355TO:
FROM:
DATE:
RE:
MEMORANDUM
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
WILMA IVERSON, SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT
MARCH 11, 1999
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
Parcels: 355/RIVERO
RECEIVED
MAR 11 1999
Board of County C(m~tssioners
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 NO: 355
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between Osvaldo Rivero and Edy P. Montero, husband and wife,
(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the
State of Florida, its successors and assigns (hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for drainage, utility,
& 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 $1,600.00, payable by County
Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be
full compensation for the Property conveyed, including all landscapihg, 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. 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.
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 written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
$. 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 Properly 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
Easement Agreement Page 2
knowledge ora) any spill on the Properly, b) any existing or threatened environmental lien
against the Properly or c) any lawsuit, proceeding or investigation regarding tire 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 tire 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.
o
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).
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 govemed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
dayof '~a~t4Aj ,19~
Date Property acquisition approved by BCC: 4/28/98
AS TO PURCHASER:
·
,~ A'l ~ t:~T: .. "Z','. ~'--,~'- .'
F, 'DWIGHT E. BRO~(,'. Clerk
. ~,~x.~r...'~/~ '.
Attest as to Chatn~ut'$
signature onljr.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pamela S. Mac'Kie, Chairwdman
Easement Agreement
Witnesses to Both:
AS TO OWNER:
Witn~mrO t/
'hn 'or
Witnes~ (Signature)
N~e:
~fint or T~e)
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
Page 3
Edy P. Montero
PROJECT NO.
PROJECT PARCEL NO.
~ $'7 II "1 I/,, o ooo
63041
355
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The Nodh 15 feet of the South 65 feet of the West 150 feet of Tract 110,
Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103
of the Public Records of Collier County, Florida.
150 FEET
EAST PROPERTY UNE
(GOLDEN GATE 9LVO.) / (EX]S'rII, i<3 60 FT. P,/W F...ASE~N'r}
15 FOOT DRAINAGE, UTILITY N
AND MAINTENANCE EASEMENT
Memorandum
To:
From:
Date:
Subject:
MAUREEN KENYON, CLERK OF THE BOARD
JEAN JOURDAN, SENIOR SPECIALIS;-~
REAL PROPERTY MANAGEMENT D E~~T
OCTOBER 26, 1999
AGENDA ITEMS: 8 (B) (4) & 8 (B) (5)
APRIL 27, 1999 & JUNE 22, 1999
ATTACHED ARE THE FOLLOWING ORIGINAL DOCUMENTS FOR YOUR SAFE-
KEEPING COMPRISING OF TWO (2) EASEMENTS ACQUIRED FOR TilE FOUR
LANING OF GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND
WILSON BOULEVARD.
OFFICIAL RECORD BOOK & PAGE NUMBER:
2551/3203-3205
2556/791-793
REAL PROPERTY MANAGEMENT DEPARTMENT
Project: G. G. Blvd.
Parcel: 355
O~er: Rivero
EASEMENT
OR: 2556 ?G: 0791
iIrrffl O?Ha
CO~S liOO.ll
lie FIB
DOC*JO 11.21
COPIIS
THIS EASEMENT granted this ~ day of ~_CL¢.~, 199% by Osvaldo Rivero and Edy
P. Montcro, husband and wife, whose mailing address is 1~65 NW 112'~ Terrace, Miami, Florida
33167, as Grantor, to COI,LIER COUNTY, a political subdivision of the Stale of Florida, whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, aa
Grantee.
(X~crcx'cr used herein thc 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 ofTEN DOLLARS ($10.00) and other valuable consideration
paid by thc Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conv~'3r$,
grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privileg~
for drainage, utility, and maintenance purposes, on the following described lands located in Collier
County, Florida. to wit:
Sec attached Exhibit "A" ~vhich is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TltlS IS NOT HOMESTEAD PROPERTY
TO [lAVE AND TO HOLD thc same unto thc Grantee, together with thc right to enter upon
said land, place, excavate, and take materials for thc purpose of constructing, operating, and
maintaining drainage, and utility facilities thereon. Grantor and Grantee are used for singular or
plural, as the context requires.
IN WETNESS WHEREOF, the Grantor has caused these presents to be executed the date and
F~"[,~ NE~S ({';ignatus?) Osvaldo Rivcro
'"'~ ~ a'ITN'-'--~SS (Signaturc-'~-----------~ 'tint Name)
ESS (Signature)
OR: 2556 ?G: 0792
Page 2
STATE OF
COUNTY 0~---,0--7~
STATE OF
COUNTY OF _
foregoing Easement was ack. nowlcdgcd before mc this L___. da)' of ,
Thc
Mon~ero-who i(p~e(s'~n~ali~,..~ kn~wn lo me~ who has produced
Edy P.
as identification.
(Affix notarial seal)
(Print Name
Commission
~ Commissi~~~-~/~O
THIS CONVEYAtJC£ ACCEPTED BY THE
BOARD OF COUrlT¥ CO;:HISSi,3r;ERS,
COLL![R COUtlT¥, FLORIDA,
PUF ";T TO THE PROVISIOHS
·
PROJECT NO. 63041
PROJECT PARCEL NO. 355
5'7
*** OR: 2556 PG: 0793 2**
EXHIBIT I
(NOT A SURVEY)
The Nodh 15 feet of the South 65 feet of the West 150 feet of Tract 110,
Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103
of the Public Records of Collier County, Florida.
YV~ST PROPERTY LINE
EXISTING RAN LINE
(GOLDEN GATE 8!.VD,)
t,IO~TH PROPER'rY LINE
150 FEET
SOUTH PROPERTY LINE
EAST PROPERTY L~%'E
N
-- 15 FOOT DRAINAGE, UTILITY
AND MAINTENANCE EASEMENT
SCALE: I inch = lOOfeel