Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Parcel 301 & 303
TO: FROM: MEMORANDUM SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS ERNIE W. KERSKIE, REAL PROPERTY SPECIALIST II REAL PROPERTY MANAGEMENT DEPARTMENT RECEIVED t4AY 14 1999 DATE: MAY 13, 1999 RE: GOLDEN GATE BOULEVARD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 63041 PARCELS: 301 AND 303 / ANTON-LaROSSA Attached you will find two (2) Easement Agreements for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Heidi F. Ashton0 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 Agreements have 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: 63041 Golden Gale Boulevard PARCEL NO: 301 FOLIO: 37110080006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred lo as the "Agreement") is made and entered into by and between ELIZABETH ANTON LAROSSA, as trustee of the ELIZABETH ANTON LAROSSA REVOCABLE TRUST dated November 22, 1994, (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 fo~ 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 Io convey the Properly to Purchaser for [he stated purposes, on the terms and condilions 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 ackno~edged, it is agreed by and between the padies as follows: 1. Owner shall convey the Properly lo Purchaser for the sum of payable by County Warrant (said transaction hereinafler referred ~o 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. Purchaser may install drop curbing (for a driveway entrance only), when appropriate, al a location that is mutually acceptable to tho parties. However, if the parties are unable Io agree upon a mutually acceptable location, Ihen the Purchaser shall have the right to install said drop curbing where Purchaser deems appropriate. 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 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 Properties. Al Closing, Purchaser shall deliver the County Warranl 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, iqcluding all exhibits altached hereto, shall constitule the entire Agreement and understanding of the parties, and there are no other pr~or or conlemporaneous wrilten or oral agreemenls, ur~dertakings, promises, warranties, or covenants not contained herein. 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 Commissio~ers 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 t~ansferred 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 Io or in the vicinity of the Property Io 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 [he 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 ali damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and atlorney 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 Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is riel deemed satisfied by conveyance of lille. Easement Agreement Page 2 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 sha~l 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 padies 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, timited 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 benef'~cial 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. ~.N WITNESS, WH/~.EOF,19_~__. the parties hereto have executed this Agreement on thist.~-~__ day of Date Property acquisition approved by BCC: 4/28/98 ~ AS TO PURCHASER: ~ .~ ..~"'A'TT E ST: .; .,,": DW GHT .~.~RC~GK, Clerk ,-.. :' -,. .' ~""T' . .: , ~_eputy Clerk .4. ~,¢,,,,,~..,.~ .~.: -, ¢,.~' ~ "f '~,~,~ ,'- - ~ ,j; ~,\ ,.' AS TO OWNER: DATED: Wi nes s.s.s_ (Sig~t~-r~)_ .¢ ,,~ ..,.. Name: L:~/4d (Print or Type) '(firin'~ ~(¢,,'p~)' ' ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pa----~el~-S. Mac'K~e~ C~'a'rwdma Approved as to form and legal sufficiency: Heldt, ~ Asht~n Assistant County Attorney PROJECT NO. 63041 PROJECT PARCEL NO. 301 m srr LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 150 feet of Tract 2, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. t~:~TH PRO~R fY LJ~ FEET PROPERTY L~E E~JSTING ~¥1 LINE (GOt. DEN GATE BLVD ) SOUTH PROCER~ LIN EAST PROPER r( LI~IE AND MA!i',~'EHANCE ,EASEMEH1' $C,,q.£' I i,"~Y~ = lOC ff~l PROJECT: 63041 Golden Gate Boulevard PARCEL NO: 303 FOLIO: 37110120005 EASEMENT AGREEMENT THIS EASEMEHT AGREEMENT (hereinafter referred lo as the "Agreement") is made and entered into by and between ELIZABETH ANTON, AJK/A ELIZABETH ANTON LAROSSA (hereinafter referred to as 'Owner"), and COLLIER COUNTY, a political subdivision oi' the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser'); WHEREAS. Purchaser requires a perpetual, non-exclusive easement for drainage, ublity and maintenance over, under, upon and across the )anUs described in Exhibit 'A' (said easement hereinaher 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 '¢,'IdEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; HOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable cons~derabon, the receipt and sufficiency of which is hereby mutually acknow edged ~t...~(~ is agreed by and Der,yeah the parties as follows: - ... ¢.."'~ l'//Y/ 1. Owner shall convey the Property to Purchaser for the sum of ~.ee:90 (Fou¢- Hundred Dollars). payable by County Warrant (said transaction hereinafter referred to lhe "Closing"). Said paymenl shall be full compensalion for the Property conveyed, including all landscaping, t,'ees, 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 Propert,t to Purchaser 2 Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution o~ such instruments which will remove, release or subordinale such encumbrances from the Property upon their recording in the public records Collier County, Florida. Owner shall provide s~ch ~nslrumenls, properly execuled, to Purchaser on or before lhe 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 execules this AgreemenL prowded; however, thai Purchaser shall have the unilateral right to extend the term of this Agreement pending race)pi of all properly executed instruments affecting Purchaser's enjoyment of lhe Properties. 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 lhe Property by Owner is contingent upon no other prowsions, conditio¢,s, or premises other than those so stated above, and Ihe written Agreement, including all exhibits attached hereto, shall conshlute the entire Agreement and understanding of the parties, and Ir, ere are no other prior or conlempotaneous .,,.'r~Hr;n or Oral agreements, undertakings, prom~ses, warranties, or covenants riel contalr~od herein 5 Owner ~s aware and understands that the "off~:r' to purchase represented by this Agreerr,ent sub]ecI to acceptance and approval by [he ~: ard of CotlntV Commissioners of Collier Florida ' 6 Owr;er represents t,",al the Proper~y and all us,;,, r~f the Property nave be~r, arid presently, compliance v,qth all Federal, Sta:e and Local er:wronrnental laws; [h~t no hazardous subst~.noes have been generated, stored, treated or transferred on the Proper~y except as specifically d~sc,osed to the Purchaser; tr,;d the Owner has no knorzledge of any spill or environmenta! )aw violahon on any property contiguous to or in the wcinity of the Property to be sold [o the Purchaser, final the Owner has not received notice and otherwise has no knowledge of a) any spi!l on the Property. b} any existing or threatened environmental lien against Ihe Property or c) any lawsuit, proceeding or ir, vestigation 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 corlveyarme of title. 7 Owner shall indemnify, defend, save and hold harm!ess the Purchaser against and from, reimburse the Purchaser with respect to, any and all damages, claims, iab es laws, costs and expenses (including withoul limitalion reasonable paralegal and attorney fees and expenses whether ~n court, 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. 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 Easement Agreement Page 2 associated wilh lhe secunng and recording a Subordination, Consenl & Jomder of Easem,;m of mortgage(s) recorded against the Properly from lhe modgagee(s) 9 This Agreement and the terms and prows~ons hereof shall be effective as of the d;¢te Ihts Agreement ~s execuled by bolh parties and shall inure to the benefit of and be binding ,er)on parties hereto and Iheir respective he,rs executors, personal represenlalwes, Successor trustees, and/or assignees, whenr; ;er the context so requires or admils. 10. If the Owner holds the Property in the form of a parlnership, limited partnership, corporation trusl or any form of representative capacity whalsof;ver for others. Owner shall make a written pubhc disclosure, according 1o Chapter 286. FlomJa Statutes, under oath. of the name and address of every person having a beneficial inlerest in the Property before the Property held in such capacity conveyed to Purchaser. its successors ar'.d assigns, flf the corporahon ~s registered .'4th Federal Securities Exchange Commission ar reg~slered pursuant to Chapter 517. Florida Statutes, whose stock is for sale to lhe general publ,c, it is hereby exempt from the prowsions of Chapter 286, Florida Slatules.) 11 Th~s Agreement is governed and conslrued ~-, accordance wdh the laws of the State of Flor Iht '//ITt'lESS WHEREOF, Iho parties hereto have executed th~s Agreemenl on this Date Property acotJls,Jlon approved by BCC 4/2,~,', , day of AS TO PURCHASER .- ATTEST: -' 7 DWIGHT E. B[R~OCK. ~;erk · ' 2 · ..:" Deputy Clerk BOARB 44: COUNTY COI'4MIS.SI©f;EF),".. COLLIEI; :~.©tJf,!T"r', FLOPlI")A AS TO OWNER: DATED: (Print or Type) / Witness (SineCure) Lib.'abC;th Anton, AJK/A Etizabel~ Ar, ton Approved as to form and leg~ sufficiency] , Heq'd, F, Ashton Assistant County A!torney PROJECT NO. 63041 PROJECT PARCEL NO. 303 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 180 feet of 'Tract 2, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. LINE 15 FOOT DP,.AIt~AGE, UTILITY AND MAItITEtiAI'4CE EASEMENT (~OEN G~TE BLvD ) SO(JTH PROCERTY LhqE E XlST;;~$ ,q,','l 1 (E,rISTING ~ FT R/~EASEhxEqT) SCALE ~,~ = lOOlee! County Real Prc~e~l¥ Idanagenm, nl C~t~r'~",l 0~2~ 12 f~, PM To: From: Date: Subject: MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Ernie W. Kerskie ,',,.W Real Property Specialist Real Property Management Department September 14, 1999 Golden Gate Boulevard Improvements Collier County Project No. 63041 Parcel: 303 RECEIVED SEP I~ 1999 i~:x~rd of Count~ Cc~ssioners Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Robert N. Zachary, Assistant County Attorney, has reviewed and approved the attached document. 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 instrument which have been approved by the Office of the County Attorney. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift, purchase or condemnation in Resolution 99-289, Item 8(b)(7), dated June 22, 1999. 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. Attachments as stated Real Property Management Department PROJECT: Golden Gate Boulevard PARCEL NO: :303lAnton FOLIO: 37110120005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between ELIZABETH ANTON, a single woman, (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, sidewalk, 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 fodh 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: Owner shall convey the Property to Purchaser for the sum of $500.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all 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. 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 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 propedy 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. 4. 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. 5. 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 other, vise has no knr~wledge 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 the generation, storage, Easement Agreement Page 2 treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. 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 coud, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or adsing out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, FIodda. 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 8, Joinder of Easement of the modgage(s) recorded against the Properly from the mortgagee(s). 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both padies 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. 9. If the Owner holds the Proporty 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.) 10. 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. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS ,.~//HEREOF, the parties hereto have executed this Agreement on this/~ day of ~,_~ , 19/~ . Date Property acquisition approved by BCC: ~,J~a~L~(J~. 6/22/99 8(B)7 Res. No. 99-289_ AS TO PURCHASER: DATED:~./~': / ~ ,~,~' A'i~,F;S'P: ~,/ DWIGHT E,. ~OCK, Clerk ~ ~[~, ~epu~y Clerk BOARD O F~CQ-~,~N:I:~-4~O M M i S S I O N E R S P-a'mela S. Ma~(ie, C~airw~man Easement Agreement Page 3 AS TO OWNER: DATED:.~~~ Witness (Si_qnature) ,, .,] (Print or Type) ,,.,..,.~W_itness (Signature) _ __ (Print or Type) Address: 1717 N. Bayshore Drive Apt. 2640 Miami, FL 33132 Approved as to form and legal sufficiency: Assistant County Attorney PROJECT NO. 63041 PROJECT PARCEL NO. 303 EXHIBrr_~ (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 180 feet of Tract 2, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. WEber PROPERTY LIt;E 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMEN (GCX. DEN GATE BLVD.) t'IORTH PROPERTY LINE I~FT 13OFT I I I I PROPERTY L E',IE SOUTH )OFTI SCALE: 1 Indl · 100 feel EAST PROPERTY LINE N EXIS'rlNG R/W LINES {EYtSTINO 50 FT. R/W EASEMENT~