Parcel 180REAL PROPERTY MANAGEMENT
DEPARTMENT
JUL )2 199'
TO: SUE FILSON
ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FROM: ROBERT TEXTER
REAL PROPERTY SPECIALIST I
Date: JULY 9, 1999
RE:
GOLDEN GATE BOULEVARD IMPROVEMENT PROJECT: APPROVED
ON 4/28/98, AGENDA ITEM #16B1, RESOLUTION NO. 98-107
Attached for execution, please find one (1) Easement Agreement between Collier C(
and George Peralta and Angelina Peraita, husband and wife. Please execute
Resoiution No. 98-107, Paragraph 8, the Board has authorized its present Chairman an(
subsequent Chairman, for the life of the Project, to execute any instruments which have
approved by the Office of the County Attorney.
Please have the document executed by the Chairman of the Board of
Commissioners. The document can then be forwarded to Ellie Hoffman, R~cords Techr
III, Minutes & Records Management/Clerk of Couds, for attestation by the Clerk of C(
Ms. Hoffman will then call me at extension 8991 for the document to be 2icked up.
Thank you.
Attachment as stated
PROJECT: Golden Gate Boulevard
PARCEL: 180
FOLIO: 36960880004
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between GEORGE PERALTA and ANGELINA
PERALTA, husband and wife (hereinafter referred to as the "Owner"), and iCOLLIER
COUNTY, a political subdivision of the State of Flodda, its successors and assign.s
(hereinafter referred to as the "Purchaser");
WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for
drainage, sidewalk, utility, and maintenance over, under, upon and across the lands
described in Exhibit "A", which is attached hereto and made a part of the Agreen~ent,
described as follows, to wit;
SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference;
WHEREAS, the Purchaser requires a perpetual, non-exclusive Temporary
Ddveway Restoration Easement over, under, upon and across the lands, for
reconstructing the driveway, described as follows, to wit:
SEE ATTACHED EXHIBIT "B", which is incorporated herein by reference;
WHEREAS, the Owner desires to convey the Easement and the Temporary
Ddveway Restoration Easement to the Purchaser for the stated purposes, on the terms
and conditions set forth herein;
WHEREAS, the Owner desires to be compensated for the Easement and the
Temporary Ddveway Restoration Easement, as well as any, improvements located
thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Easement and the Temporary Driveway Restoration Easement (hereinafter
collectively referred to as "Properties") and for the improvements, over, under, upon,
and across the Properties. ~
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser the Properties in exchange for the sum of
3,625.00 broken down as follows:
Easement
Temporary Driveway Restoration Easement
Improvements (If any)
1,000.00
100.00
2,525.OO
TOTAL:
$ 3,625.00
Owner accepts the above compensation as full payment for the
Properties, and for all landscaping, trees, shrubs, improvements and fixtures located
thereon, and for any damages resulting to the remainder, if less than Owner's entire
property was taken, and for all other damages in connection with the conveyance of
said Properties to Purchaser.
2. Purchaser shall pay Owner by County Warrant.
3. This Agreement shall be null and void, and of no fudher 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 Properties.
At closing, Purchaser shall deliver the County Warrant to Owner and
Owner shall deliver the Properties to Purchaser in an instrument acceptable to
Purchaser.
4. Prior to the closing, Owner shall obtain from the holders of any and all
liens, encumbrances, exceptions, or qualifications in and to the Easement, the
execution of such instruments that will, upon their recording in the Public Records of
Collier County, Florida, clear any and all encumbrances from the Easement. Such
instruments, including the Temporary Driveway Restoration Easement, shall be
provided to Purchaser on or before the date of closing. :'i
5. Conveyance of the Propedies, or any interest in the Properties, 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.
6. 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.
7. Owner represents that the Properties and all uses of the Properties
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 Properties 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 Properties to be sold to the
Purchaser, that the Owner has not received notice and otherwise has no knowledge of
a) any spill on the Properties, b) any existing or threatened environmental lien against
the Propedies or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Properties. This
provision shall survive closing and is not deemed satisfied by conveyance of title.
8. 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 the Purchaser by reason or arising out of the breach of Owner's representation
under Section 7. This provision shall survive closing and is not deemed satisfied by
conveyance of title. ~
9. The Purchaser shall pay for all costs of recording the COnveyance
instruments in the Public Records of Collier County, Flodda. All other costs associated
with this transaction including but not limited to transfer, documentary andl. 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 Easement from the mortgagee(s).
10. 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.~'
personal representatives, successors, successor trustees, and/or assignees, whenever
the context so requires or admits.
11. If the Owner holds the Properties in the form of a padnership, 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 Properties before the Properties 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.)
12. This Agreement is governed and construed in accordanC"~' with ihe
laws of the State of Florida.
IN WITNESS WHEREOF. the padies hereto have executed this Agreement on
this/),z:Z, day of ~ ,1999.
/
Date Property/Acquisition Approved by
BCC: 04/28/98
AS TO PURCHASER:
DATED: ~,/~, ? ~.~
.. ATTEST: .,, .
.DWIGHT E. BROCK, Clerk
.,-~, ! ',, , ~ · ,'"',1
~ .AZ./'*;~ Dep[J0 Clerk
31 g,"t I'~Ur'l
BOARD OF COUNTY COMMISi~ONERS
COLLIER COUNTY, FLORIDA
~fil~ $. MAC'KIE, 'Charwoman
AS TO OWNER:
DATED: ~ -'~-~ ct
Witness (Signature)
(~rint or lype)
Witness (Signature)
Name:
(Print or Type)
~ ~GEDRG'-E PERALTA "' ;
2430 Golden Gate Boulevard W
Naples, FL 34120
Witness (Sig qa, ture.)~
Name:
(Print or Type)
Witness (Si~ature)
Name: _K'/.~ e-~' ~,~
(Pdnt or Type)
Approved as to form and
lega} sufficieqcy: __
I~eidi F, Asi~ton
Assistant County Attorney
~2430 Golden Gate Boulevard
Naples, FL 34120
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
(NOT A SURVEY)
EXHIBIT
,~.
(100' R.O.W.)
GOLDEN (~ATE BOULEVARD
TRAC1 15
25 FOOT DRAINAGE.
SIDEWALK, UTILITY,
& MAINTENANCE
EASEMENT
THE WEST 160 FEET
TRACT 15
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET
OF TRACT 15, GOLDEN GATE ESTATE8 UNIT NO. 8, AS RECORDED IN
PLAT BOOK 4, PAGE 97 OF THE PUBLIC RECORDS OF COLLIER
COUNTY° FLORIO~.
PROJECT NO~
PROJECr.,'~CEL
i"
63041
180
EXISTING RIGHT OF WAY LINI[
I S
~I~ET 1 OF 1
PROJECT: Golden Gate Boulevard
PARCEL: 180T
FOLIO 36960880004
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
The West 30 feet of the East 62 feet of the South 25 feet of the North 100 feet of t~
feet of Tract 15, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4~ Pa!
Public Records of Collier County, Florida. .
.I
180
97 of t~e