Parcel 161TO:
FROM:
DATE:
RE:
INTEROFFICE MEMORANDUM '":
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Properly Specialist Il/~.i~>~'
Real Property Management Depadmert~,''.~'''~
June 2,1999
Golden Gate Boulevard, Parcel 161
Project 69031 (Bevins)
Pursuant to Resolution 98-107, Agenda Item 16.Bol, 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: 161
FOLIO: 36864040005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between HUBERT D. BEVlNS AND NANCY E. BEVlNS,
husband and wife as an Estate by the Entirety (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and
assigns (hereinafter referred to as "Purchased');
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 Properly 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 $800.00, payable by
County Warrant (said transaction hereinafter referred Io as the "Closing"). Said
payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvemenls, 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. Purchaser may install
drop curbing (for a driveway entrance only), when appropriate, at a location that is
mulually acceptable to the parties. However, if the parties are unable to agree
upon a mutually acceptable location, then the Purchaser shall have the!right
install said drop curbing where Purchaser deems appropriate.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceplions
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 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 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.
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.
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 afc:County
Commissioners of Collier County, Florida.
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 Ov,,ner
has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Properly 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,.~?roperty
or c) any lawsuit, proceeding or investigation regarding the generation,?torage,
treatment, spill or transfer of hazardous substances o~ th~; 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), penaltie~"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 prowsion shall:survive
Closing and is not deemed satisfied by conveyance of title.
8. The Purchaser shall pay for all costs of recording the conveyance inst~ment in
the Public Records of Collier County, Florida. All other costs associated 'With this
transaction including but not limited to transfer, documents'), 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 modgage(s) recorded against the Properly from the mortgagee(s).
9. This Agreement and the terms and provisions hereof sha!l 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 govern.ed 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 .-¢'~"day of ~j_.,~,_./ ,19..?~ . ~:.
Date Property acquisition approved by BCC: 4/28/98 16(B)1
AS TO PURCHASER:
DATED: ¢'¢,-~ .~/¢'
AT'FEST:
DWIGHT E. BROCK, Clerk
/ ' / , Dep~t'~ Clerk
AS TO OWNER:
DATED:
//
Witness (Sichature)
Name:. i / ~ .....
(Print or~)
ness' S gnat?
(Print or Type)
/' ,,', p ~ ~'// / ..:
Witness (Signature')
ame:_~_, ,,'/,/,,,.,
(Print or Type)
w ess S .ature)
(Print or Type)
BOARD OF COUNTY COMMIssIONERs
COLLIER COUNTY, FLORIDA
Pamela S Mac Kie, Chairwoman
Hubert D. Bevins
Nancy E, Bevins
Approved as to form and
legal sufficiency:
IJleid~'~'. A'~shton
Assistant County Attorney
· PROJECT NO. 63041
PROJECT PARCEL NO. 161
'-!
L.-,.---,-- .....
(NOT A SURVEY)
The Nodh 15 feet of the South 65 feet of the East One Half (1/2) of Tract
65, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93
of the Public Records of Collier County, Florida.
flOR I'H PROPER f'f
FEET
1'4
SOUTH PROPERTY LItE j
TO:
FROM:
INTEROFFICE MEMORANDUM
MAUREEN KENYON
CLERK TO THE BOARD
JEAN JOURDAN, REAL PROPERTY SPECIALIST I1
REAL PROPERTY MANAGEMENT DEPARTMENT
SUBJECT:
AGENDA ITEM: 16(B)(i)
APRIL 28, 1998
RESOI.UTION 9g-107
DATE: JUNE 25, 1999
Attached are the following original documents for your safe-keeping:
One (1) Easement for the four laning of Golden Gate Boulevard
between State Road 951 and Wilson Boulevard Project.
Official Record Book 2560 Page 533-535
Attached: (1) Easement
PROJECT: Golden Gate Boulevard
PARCEL: 161
FOLIO: 36864040005
2493194 OR: 2560 PG: 0533'
I.OO
EASEMENT
THIS EASEMENT, made and entered into this __ day of
19__, by HUBERT D. BEVINS AND NANCY E. BEVlNS, husband and wife as an
Estate by the Entirety whose mailing address is 4315 Bayshore Drive, Naples, FL
34112, 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.
0Nherever 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 Gran:ee. a
perpetual, non-exclusive easement, license, and privilege for drainage, utility and
maintenance purposes, on the following described lands located in Collier County.
Flodda, 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.
Witness (Signa.tur,e):;,~ _
Name:~/. ' ---fYx~?/~ '-'
(Print or ~,~
Wbln'ess (8fgnature) , ~
(Pdnt or Type)
Hubert D. Bevins
THIS CONVEYANCE ACCEPTED EY THE
BOARD OF COUITFY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUArIT FO THE PROVISIONS
OF ~£SOLUTION HO. ~
0m:
2560
PG' 0534
Page 2
Witness (Signature)_
(Print or Type)
.W. ~ss (Signature) /
Name:~
(Print or Type)
Nancy E. Bevins
STATE OF
COUNTY OF ..... "
The foregoing Easement was acknowledged before me th s , day
-~',' /'~,' ~ 99. by Hubert D. Bevins, who is personally known to m---~or who has
produced ~ as ~denbfication.
(Affix notarial seal)
STATE OF - / >.,~-/-'~>/"~
COUNTY OF ' "' //"
/(Signature. gf;Nota~)o- ~(
· ~./ , /..',',_~./,,,,,,
(Print Name of Notary)
Commission #
My Commission Expires:
l')e fqregoing Easement was acknowledged before me this , ~ ' day af
· . ~999, Nancy E. Bevins, who is personally known to me or whe has
produc0d as identification.
(Affix notarial seal)
.~,¢*~'"<%. Lm~an Jean Jourdan
CSignature of.N0tary) ~
" ,,~ ' ,-~, w'./. ,
(Print Name of Notary)
Commission #
My Commission Expires:
·PRdJECT NO. 63041
PROJECT PARCEL NO. 161
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the East One Half (1/2) of Tract
65, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 92'
of the Public Records of Collier County, Florida.
// 'nEST P~0P~RT,/L~'{E
EYI$ fif~O ~/t; L'hE
Or)~ C E~'; G/-TE
$c-.AJTM PP, OPERff LiliE
FEET
EAST PROPERTY LIthE
rF.~STIqO 53 FT P/,¥ EASEME','
]
15 FOOT DDAIt,AGE UTIL ' ~'~
ArJD MAINTENArICE
SCALE: 1 inch = 100 feet