Parcel 239TO:
MEMORANDUM
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FRO.IV~:~:t'~I A. MOTT, SENIOR SPECIALIST
~_.),'"C'REAL PROPERTY MANAGEMENT
DATE: JULY 13, 1999
RE:
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
Parcel: 239/Singletary
Attached you will find one (1) Easement Agreement for execution by Chairwoma
Pamela S. Mac'Kie concerning the above transaction. Please be advised that Heidi F.:
Ashton, Assistant County Attorney, has reviewed and approved the attached document.
The Board of County Commissioners of Collier County, Florida approved the acquisitior~
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
Chairman and any subsequent Chairman, for the life of the Project, to execute an
instruments which have been approved by the Office of the County Attorney.
The Board of County Commissioners of Collier County, Florida approved the acquisitior
by gift, purchase or condemnation in Resolution 99-28?, item 8(b)(?), dated June 22
1999.
Once the Agreement has been executed, please forward same to Ellie Hoffman, Record.,
Technician III, Minutes and Records Management, for attestation by the Clerk to
Board. Ms. Hoffman will then call me at extension 8991 for document pick-up.
Thank you.
Attachment as stated
PROJEC'Y: GoMen Gate Boulevard
PARCEL NO: 239;Sin~lctary
FOLIO: 37060080004
EASEMENT AGREEMENT
Tills F. ASEMENT AGREEMENT (hereinafter referred to as thc "Agrecmcut') is made ami entered rolo by
and between GLENDA S. SINGLETARY (hereinafter referred to as "Owner"), and C(}I,IAER COlIN'FY, a
political subdi','ision of the State of Florida. its succesmrs and assigns (hereinafter referred to as "Purchaser"};
WIIEREAS. Purchaser requites a perpetual, non-exclusive easement for drainage, utility avd 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 tiffs Agreement;
[VIIE!U~AS, Owner desires to convey the Property to Purchaser fi~r fl*e stated purpo,w~-, on ~he terms and
conditions set fimh herein; and
WIIFREA.g. Purchaser has agreed to compen~te Owner fur conveyauce of the Property;
NOW TIIEREFORE, in cousidcration of Ihese premises, Ire sum of Ten Dollars ($I0.00). and r~ther good
and valuable consideration, the receipt and sufficiency of which is hereby mulually acknowledged, it is agreed by
and between the panics as follows:
1. Owner shall convey thc Property to Purchaser for the sum of $500.00, payable by County Warrant {said
transaction hereinafter referred to 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 resuhing to Owner's remaining lands, and for all other damages in connection with conveyance or
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 parties. However. if the parties are unable to
agree upon a mutually acceptable location, then the Purchaser shall have the right to install said drop curbing
· .,,'here Purchaser deems appropriate.
2. Prior to Closing. O'.vnet shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering tile Property. the cxeculion of such instruments v,'hich ,,,,'ill 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 :he unilateral rigl~t 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 [;urchaser.
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.
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 otherv, ise has no
knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the
Property or c} any lav.'suit, proceeding or investigation regarding thc generation, storage, treatment, spill or
transfer of hazardous substances on the Property. This provision shall sun'ive 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 contr, out of court, in
bankruptcy or administrative proceedings or on appeal}, penalties or fines incurred by or a~serted against the
Purchaser by reason or arising out of the breach of Ownels 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 associated with the sec'firing and~
recording a Subordination, Consent & Joindcr of Easement of the mortgager
from the morlgagee(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
Easement Agreement
Page 2
respcclivc heirs, executors, i'~rsonal rcprcscnlatives, successors, succcsso[ In~Iccs, arid'or asSi~llC:S,
~'hcncvcr the context ~ requir~ or admits.
10. If thc Owner holds ~he Pro~r~y in ~he fo~ ora pa~ncrship, limited partnership, co~oratmn, t~st or any
fo~ of representative capacity whatsoever for others, O~er shall make a ~sxit~cn p~blic discmsure,
according to ~ap~er 286. Flori~ S~mtcs. under oath. of lhe ~me and address of eveW person having a
~neficial imcre~t in the Pr~y ~fo~ the Pro~ ~ld in such capacity is conveyed 1o Purchaser, its
successors and assigns. (If the co.radon is registered wi~h the Fede~l Securities Exchange Commission or
~gistered pumuant to ~pter 517. Florida Statutes, whose s~k is for sale to lhe genera~ public, it is hereby
exempt from the provisions of~aptcr 286, Florida Statutes.) ~
I I. ~is Agreement is governed and c~cd in accordance wilh Ibc laws of the Stale of Florida,
IN WITNESS '~!)~J. II'.'REOF, the parties hereto have executed this Agreement on this L--~Sday of'
[)ate Property acqmsi~ion approved by BCC: 4/28/98 Cued
BOARD OF CORONERS
COLI.IER C~5"NTY. FLORIDA
GLENDA S. SINGLETARY /I /~
^ddrcss: 2086 46TM Street SW
Naples, FL 34116
Approved as to form and
legal ~ufficiency:
l~l.,
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. 239
EXHIBIT_~
of_L_
(NOT A SURVEY)
. The Nodh 15 feet of the South 65 feet of the East 150 feet of Tract 1,
Golden Ga[e Estates Unit No. 10, as recorded in Plat Book 4, Page 101
of the Public Records of Collier County, Florida.
PROPERTY ~
150 FEET
WEST PROPERTY LIUE
EAST PROPER'rYLINE
=
EXISTIU~ R/WLItIE [ AND MAINi;I/~cEHANCE'EASEF~,EI'JT .
SCALE: I ~ch
5I E M ORA N D U 51
'FO:
FROM:
DATE:
RE:
Ellic 1 lofllnan
Records Technician !!!
Minutes & Records Management
,j(oni A. Mott
Senior Specialist
Real Property Management Department
September 20. 1999
Golden (,;ate Boulevard Improvements
Collier County Project No. 63041
Ellie, attached please find one ( 1 ) ~ recorded Easement for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved thc acquisition by gift,
purchase or condemnation in Resolution 99-287, Item 8(b)(7), dated June 22, 1999.
Please contact mc if you have any questions or comments at 8991.
Thank you.
atlacbmcnts as stated
cc: A.N. Korti, Project Manager, Public Works Engineering Department w/attachment
Tax Appraiser's Office w/attachment
Tax Collector's Office w/attachment
Inventory File w/attachment
PROJECT: GG Blvd.
PARCEL: 239/Singletary
FOLIO: 37060080004
2527845 OR: 2588 PG: 1930
]~ECORDED in O~?I¢IXL R~CO!{D$ of COI, LIE{{ COUITY,
C0JS 500.00
RIC H! 10.50
COPIES 2.00
INTER OFHCE
EASEMENT
THIS EASEMENT, made and entered into this /7¢~'day of /'~..~ :~ ~ .19 ?c/, by GLENDA
S, SINGLETARY, whose mailing address is 2086 46TM Street SW, Naples, Florida 34116, ~.s 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 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 Grantee, a perpetu31, 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 easemenls, 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 Ihe 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.
- -.~ N~me: ~ . /; ·
";~! [ (Print or Typei
,~Name: .;,,-, . ' , .
GLENDA S. SINGLETARY
Address: 2086 46"' Street SW
Naples, FL 34116
"'l ; (Print or Type) THIS C0~IVEYA}:CE ACC[PT£D BI' TIiE~
STATEOP ', . ' ' ,k ,. PUR..' .'~: ; . PPg__VISIOtiS ]
.c: c The foregoing Easement was acknowledged before me this ?, . day el ' ~, ,. r, . -~' ,1999. by
"~ GLENDA SINGLETARY, who is personally known to me or who has produced ' '
. as identification.
(affix notarial seal)
· ~ .'~ .~ ~ .
' ' L, 3 L ."
Prepared by:(
R~ert N. Zach'ar'y, Esquire
Office of tho County Attorney
.... ~1 Last Tamlaml Trail
(Signature of Notary PubliC)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:~
My Commission Expires: ~
PROJECT NO. 63041
PROJECT PARCEL NO. 239
EXHIBIT
2588 PG:
1931 ***
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feel of the South 65 feet of the East 150 feet of Tract 1,
Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101
of the Public Records of Ccllier County, Florida.
NORTH PROPERTY
FEET
;','EST P;;CPERTY LINE
PROPERTY LINE
EAST PROPERTY. LINE
N
t I ~ 15 FOOT DRAINAGE, UTILI*¥
............ ........... AN[:) MAIN~i~NANCE EASEMENT
+
J
SCALE: linch = 100 lee!
CM,ef Co~n0 Real P¢ope. thf Mana,;emenl Oepacblne,nl 06/2~,'98 12 22 PM