Parcel 183REAL PROPERTY MANAGEMENT
DEPARTMENT
TO:
SUE FILSON
ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FROM: ROBERT TEXTER
REAL PROPERTY SPECIALIST I
Date: MAY 11, 1999
RE'
GOLDEN GATE BOULEVARD IMPROVEMENT PROJECT: APPROVED
ON 4128198, AGENDA ITEM #16B1, RESOLUTION NO. 98-107
Attached for execution, please find one (1) Easement Agreemer~t betwe~;n Collier County
and Ms. Marie E. Peterson. Please execute pursuant to Resolution N~). 9¢;~107, Paragraph
8, the Board has authorized its present Chairman and any subseq,.~ent Ch~t~rman, for the life
of the Project, to execute any instruments which have been approved by the Office o~the
County Attorney.
Please have the document executed by the Chairman el the Board of C-'~nty
Commissioners. The document can then be forwarded to Ellie Hoffman. Records Technician
III, Minutes & Records Management/Clerk of Courts, for attestation b~. the Clerk ~.~f Courts.
Ms. Hoffman will then call me at extension 8991 for the document t(~ be i}icked up.
Thank you.
Attachment as stated
PROJECT: Golden Gate Boulevard
PARCEL: 183
FOLIO: 36910080003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreemem") is
made and entered into by and between MARIE E. PETERSON, (hereinafter referred to
as "Owner"), and COLLIER COUNTY, a political subdivision of the ,State of Flor~r~;~, its
successors and assigns (hereinafter referred to as "Purchaser"),
WHEREAS, Purchaser requires a perpetual, non-exclusive east;merit for. utilities,
drainage and maintenance over, under, upon and across the lands described in Exhibit
"A" (said easement hereinafter referred to as the "Property"), which is attached r~oreto
and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property to P~Jrch~'ser for the ,~tated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance ~-~f the
Property;
NOW THEREFORE, in consideration of these premises, the s,Jm of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficier~c,,, of
which is hereby mutually acknowledged, it is agreed by and between the f)~.'rt~L,~ as
follows:
1. Owner shall convey the Property to Purchaser for the sum of $600.00, I)ayable by
County Warrant (said transaction hereinafter referred to as th("Closing"). Said
payment shall be full compensation for the Property conveyed, includ~r~{j all
landscaping, trees, shrubs, improvements, and fixtures located thereon, arid for
any damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said Properly to Purchaser. Purchaser may install
drop curbing (for a driveway entrance only), when appropriate, at a location that is
mutually acceptable to the padies. However, if the parties are unable to agree
upon a mutually acceptable location, then the Purchaser shall have the ri;iht to
install said drop curbing where Purchaser deems appropriate.
2. Prior to Closing, Owner shall obtain from the holders of any liens, oxcel)tions
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, FIo,'ida. 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 e~tire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undedakings, promises, warrar~ties,
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, 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 Properly 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 lhe 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 coud, 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 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 borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees assoc~aled
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 el 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 et 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 accordancr? with the laws of the
State of Florida.
Easement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this /:. dayof ~?./,i,.., , 19 /? .
Date Properly/Acquisition Approved by
BCC: 04/28/98
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
~/~_~.. ...-....-...Z..;
, .- , Deputy Cierk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
AS TO OWNER:
DATED: .~ f//// ~.,/'F ~
/
Witness (Signature)
Name: /_ ~ ~,/,~.- ./].',~//~,'T'~. ,~"
(Print or Type)
Witness--(Si~/ature) ~
· -"r"---' "~ -~' ~,
Name. /~:£',,/' /-~:/,~,,
(Print or Type)
MARIE E. PETERSON
979 Broad Street Road
Franklinville, NJ 08322
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. 163
EXHIBIT
LF.~2~L_D_~.~ C R I P T I O~N~,~L~_T~J:]
(NOT A SURVEY)
The North 15 feet of lhe South 65 feet of the Wesl One Half (1/2) of Tract '
2, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95
of the Public Records of Collier County, Florida.
,',;' S'" FR, OF'ERF[ L',);E
GO~.3EN GA~'E BLVD
155 FEET
SO:JTH PRCPERT~ Lli';E
A;;D ,',',A it;T EI-~Ah C E
SCALE.
PROJECT: Golden Gate Boulevard
PARCEL: 183
FOLIO: 36910080003
2477625 OR: 2547 PG: 1214
co~s
D0¢-.?0 h20
RSAL PROPI}?!
EASEMENT
THIS EASEMENT, made and entered into this 13th day of ~,ril , 1999, by
MARIE E. PETERSON, whose mailing address is 979 Broad Street Road, Franklinville, NJ 08322.
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 padies to this instrument
and their respective heirs, legal representatives, successors and assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS (S10.00) 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.
WITNESSES: .
Witness (Signature)
Name: ./~
,, (Print~or Type)
Witness (Si~lcr~ture)
Name: ~
(Print or Type)
THIS CONVEYANCE'ACCEPTED"B¥'THEt
BOARD OF COU)~Y COMMISSIONERS,
COLt!CP COU)ITY, FLORIDA,
PURl ";; 70 THE PROVISIONS
OF ~,L ~ ..... l'~", t;O. __ ' ~JlJ_~~
MARIE E. PETERSON
979 Broad Street Road
Franklinville. NJ 08322
OR: 2547
PG: 1215
STATE OF "' '
COUNTY OF ~
The foregoing
produced
Easement was acknowledged before me this I3'~h day of
,1999 by MARIE E. PETERSON, who is p. Be_r_s_ona_c!Ly_k. no.w__n_to me or who has
as identification.
(affix notarial seal)
NOTARY PUBLIC
Serial/Commission
My Commission Expires:
R " '"" ' ;;~'1 :'
E RY L.c~/STER , ..'...
NOTARY PUBLIC t'%,NEW J£RS~'Y' ~. ',, ;
PROJECT NO. 63041
PROJECT PARCEL NO. 183
EXHIBIT
*** OR: 2547 PG: 1216
LE_GALDE$_C~
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the West One Half (1/2) of Tract
2, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95
of the Public Records of Collier County, Florida.
',','EST PROPERT¢ lille
EAST PROPERTY
N
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