Parcel 245MEMORANDUM
TO:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
!
FROM~x~I
(~-~.~REAL
DATE:
RE:
A. MOTT, SENIOR SPECIALIST
PROPERTY MANAGEMENT
JULY 13, 1999
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
Parcel: 245ICustomized Structures
JUL 2 8
Attached you will find one (1) Easement Agreement for execution by Chairwoman'il,
Pamela S. Mac'Kie concerning the above transaction. Please be advised that Heidi
document.
Ashton, Assistant County Attorney, has reviewed and approved the attached
The Board of County Commissioners of Collier County, Florida approved the acquisiti
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 presenf
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 acquisitiol
by gift, purchase or condemnation in Resolution 99-287, Item 8(b)(7), dated June 22
1999.
:.
Once the Agreement has been executed, please fo~ard 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
PRO]ECl': Golden Gate P, oulevard/6304 !
PARCEl,: 245/Custonnzed St~ctures
FOLIO: 37060160005
EASE~IENT A~,REEMENT
Tills F. ASI:MF. NT AGRF. EMI'~NT (hereinafter refi:rred to as tile "Agreement") ~s made and entered mtn h~ anti
between CI:STOMIZEI) S'I'RUCTItRES OF S(}UTIIWEST FI.ORIDA, INC., a Florida corporation. (hc'lcmal'tcr
referred to as the "Owner"). and (,(}LI.IER COUNTY, a political subdivision of thc State of Florida, its successor,
assigns (hereinafter referred to as the "Purchascr'):
WllERF. AS, Purchaser requires a perpe~.lal, nnn-exclusive easement for drainage, utdity nmi maintenance p,~rposes
over, under, upon and across the lands described in Exhibit "A~ {said easement hereinafter referred to ax the
which is atlacbed h~cto and made a part of this Agreement:
SF.E ATFACIIED F. XIIIBIT "A". ~hich is incorporated herein by refert..nce:
WIIEREAS, the Purcha~r requires a Peq~tual. non-exclusive Tempora~ l)riveway Rcstoratson Easement ox ct.
under, npon anti across the lands, for reconstructing thc driveway, descril'~d as follows, to
SEE ATTACIIED EXIIIBFF "fl", which is incnrlx)ratcd herein by r¢l~:rcncc;
WIIEREAS. the Owner desires to convey the Easement and the Temporary Drsvc',,,ay Re,gloration l'.asemenl t~s thc
Purchaser for the staled purposes, on Ihs terms and conditions set forth herein;
WIIEREAS. thc Owner desires Io be compensated for Ibe Easement and the Temporary Driveway Resn,rahon
Easement, as well as any. improvements located thereon;
WIIEREAS, the Purchaser has agreed lo compensate the Owner for the granting of tl~e I:.asement an,I thc
Temporary Driveway Restoration Easement ~hereinafter collectively referred to as "Pn~porti~.s"} and fi~r the m~prnx
over, under, upon, and across the Properties.
NOW TIIEREFORE. in consideration of these premises. Ibe sum of Ten Dollars ($10.¢X~), and other g,,,d and
valuable consideration, thc receipt and sufficiency of which are hereby mutually acknowledged, it is agreed bx' and
between thc parties as fallows:
1. Owner shall grant Purchaser thc Prupcrlies in exchange for the sum of $5,600.O0, broken down as fi~lh~,.~ s:
Easement S 400.00
Improvements $ 1,800.00
Severance Damages $ 3,300.00
Temporar.s' Driveway Restoration Easement ,~
TOTAL:
S 5,600.00
Owner accepts the above compensalion as full paymenl for Ibe Properties, and for all landscaping, trees,
improvements and fixtures located thereon, and for any damages resulting to the remainder, if less than Owner's snare
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 further force or effect, unless closing shall occur w~lhn~ nmclx
(90) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the umlater:~l
right to extend the term of this Agreement, pending receipt of all properly executed instrument~ affecting Purchaser's
enjoyment of'the Properly. 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.
qualifications in and to the Easement, thc execution of such instruments that will, upon Iheir 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 dale of closing.
5. Conveyance of the Properties, 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 berate,.
shall constitute the entire Agreement and understanding of the parties, and there arc no other prior or contemporaneous
written or oral agreements, undertakings, promises, wananties, or covenants not contained herein.
6. Owner is aware and understands that the "ofTer' to purchase represented hy this Agreement is subject to
acceptance and approval by the Board of County Commissioners ufCollier 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 Pr ?parties to be sold to thc Purchaser.
that the Owner has not received notice and otherwise has no knowledge of s) any spill on the Properties, b) any existing or
threatened environmental lien against thc Properties or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on thc Properties. This provision shall sur,,ive closing and ts
not deemed satisfied by conveyance of lille.
o o,
Page 2
8. O~ner shall indemnify, defend, sa,.e and hold harnd~s Ihe Purchaser agama! and from. and tn rtqmbur~c
Pu~hascr x~lh ~cs~cl Io. any and all ~ges, claim~, liabilities, law~. c~ls and cxpcuses ~mclmhn~ ~vnlmm
~asonahle paralcgal and atlomcy fe~ an~ ex~ wh~hcr in cm~, out of court, in bankruptcy or adminis~rat~xc
pre.dings or on ap~al}. ~'nahics or fines i~uncd by or as~ed against thc l'urcha~cr by rcas(~n or an~mu out ,~;*
breach of Owner'~ representation under Section 7. ~is provision shah sun'ive clo~in~ an~i ~ n.l deemed ~a~i~ficd
conveyance of title.
9. ~e Purchaser shall pay for ail c~t~ of recording the conveyauce inxtmments m d~e Pubhc Records o~
Conmy, Florida. All other cost~ as~*ated with ihi~ transaction including but not limned to ~ranq~.r. d~wumcnlarv and
in~nglble taxes, and r~ording c~ for any ~tive ins~m~nls shall ~ ~rne ami paid hy O~ner. Oxxner sh~ll bc
res~nsible for paying any costs an&'ot fe~ a~ialcd with the ~uring and recording a Subordmamm., 'onscm & Jmndcr
of Easement of the mongagc(s) r~ord~ againsl Ihe Ea~ flora Ihe ~agagee(s}.
10. ~is Agr~nt and ~ le~ and provisions h~mf shall ~ eff~tive as of the da~e Ihis Agreement ~ cxccmcd
by ~lh paflies and shall inure Io Ihe ~nefit of and ~ binding u~n the ~ies hereto and Ihcir ~s~clive heirs, executors.
~nal r~resentativ~, succes~, succes~r tin,lees, an~tor assigne~, whe~ver the context so requites or
I 1. If the ~ner holds the Pm~flies in the f~ of a pafln~hip, limit~ pannership, co,ration, tm~ ,,t any
fo~ of r~ntative capaci~ wha~ver for other, ~r s~ll ~ke a ~iH~ ~blic disclosurc, according tn (
286. Flo~da Smtules. nnder oath, of the na~ and add~ of ev~ ~n having a ~neficial interes~ in d~c
~fore the Pro~ies held in snch capacity i~ conveyed ~o ~rchaser, it~ succcsmrs and a~signs. {If the co~m.m,m
regislcred ~'i~h fl~e Federal ~cunties Exchange Commixsion or registered pursuam lo ('hap~c~ 517~ I'lmida gtamtcs, xx
s~k is for sale ~o the general public, d is hereby exempl from the provi~iom of('hapter 2S6. Fhmda ~um,cs ~
12. 'Hfis Agreement is governed and construed in accorda~e wfih Ihe [a~'~ of II~c ~atc of Fh,mla.
IN WITNI-:SS WIIEREOF. the partita herelo have executed this Agreement ~,n this~,~O,J:~.' day -I'
Date Property acquisilmn approved by BCC: 6/2299
AS TO PURCIIASER:
^TI'EST:
? DWIGIIT E. BROCK, Clerk
At. test ~"to C.~ltra~.s
- signature ~l~._
AS TO OWN~:
DATED: ~- ~ "~'L
nature) - '
~ame:~~ ~. ~x~ ..... .~.
(Print or
Witness (~gna~
Approved as to form and
legal sufficiency:
Assistant Coun~ Attorney
CUSTOMIZF. D STRL'('I'URF. N OF SOUTIIWI.$ I
FI.ORIIyA~t?C.. a I"hmda corp.ralu'm .
Address: I ~21 Golden (;ale Boulevard wesl
Naples. FI 34120 ,~ ~...
PROJECT NO. 63041
PROJECT PARCEL NO. 245
EXHIBIT___~
Page_L._ o f._.~,,=-
(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. 10, as
recorded in Plat Book 4, Page 101 of the Public Records of Collier
County, Florida.
NORTH PROPERTY lINE
15 FOOT DRAINAGE, UTILITY
AND MAINTENANCE EASEMEN'
GATE 8LVD)
tSOFT
I~FT
f
I
..
I
I
SO~JTH PROPERTY LINE
~FTI
I
I
I
I
i
!
..
;
EAST PROPERTY LillE
N
L..~_. EXISTING R/,¥ LINES
(E~ISTING ~0 FT. PJW EASEME~TJ
SCALE: linch · lOOfee(
P~ject: Golden Gate Boulevard/6304 I
Parcel: 245
EXHIBIT/~1
THE EAST 35 FEET OF THE WEST 60 FEET OF TI'IE NORTH 30 FEET OF TI-IE SOUTtt 95 FEET OF T~-IE E,'~'~ t
I$0 FEET OF TRACT 2. GOLDEN GATE ESTATES UNIT NO. I0. AS RECORDED IN PL:\T BOOK 4, P,~.GF I01
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
5'I E M 0 R A N D U bi
TO:
FROM:
RE:
F. Ilie Hoffinan
Records Technician II1
:"vlinutcs 8.: Records Management
~,~.3/oni A~ Molt
--,~r~4'~cn ior Spccialist
Real Property Management Dcpamncnt
August 18. 1999
Golden Gale Boulevard Improvcmcnls
('oilier County Project No. 63041
Ellic, attached please find one (1) original recorded Easement and ,me (1) original recorded
Tcmpora~ Drivcway Restoration Eascmcnl for thc above rcfcrcnccd p:-ojccl.
The Board of County Commissioners of Collier County. Florida approved Iht acquisition by gi fl.
purchase or condemnation in Resolution 09-287. Item 8(b)(7), dated .Imm 22, 1999.
Please COlllac1111c il' you have any questions or comntcnts al 8991.
Thank you.
altachn~c~ts as stated
cc: A.N. Ko~i. Project Manager. Public Works Engineering Dcpamnent w/attachment
Tax Appraiser's Office w/altachmcnt
Tax Collector's Office w/atlachmenl
lnvenlory File w/attachmenl
PROJECT:
PARCEL:
FOLIO:
GG Blvd.
245/Customized Structures
3706016O0O5
EASEMENT
2517827 OR: 2580 PG: 2796
.~COR~II) in O~!IC]~I, l~COlaO$ of COtLI!~ C~/NT!.
- /
THIS EASEMENT, made and entered into this ._¢ ~ day of
by CUSTOMIZED STRUCTURES OF SOUTHWEST FLORIDA, INC., a Florida
corporation, whose mailing address is 1521 Golden Gate Boulevard West, Naples, FL
34120 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 parties to this
instrument and their respective heirs, legal representatives, successors and assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual,
non-exclusive easement, license, and privilege for drainage, utility and maintenance
purposes on the following described lands located in Collier County. Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon
said land, place, excavate, remove all landscaping, trees, shrubs, improvements or fixtures
located thereon and take materials for the purpose of constructing, operating and maintaining
drainage, and utility facilities thereon. Grantor and Grantee are used for singular or plural, as
the context requires. The easement granted herein shall constitute easements running with
the land and shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
Witness (Signature)
Name:
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
This p.~operb! has b3cn acqu:reC u:;der
throat of condemnation and is exempt from
docurna~tary stamp tax
CUSTOMIZED STRUCTURES OF SOUTHWEST,
FLORIDA,~C., a Florida
"~AWRENCE HAIM/~N(, P~esident
Address: 1521 Golden Gate Boulevard West
Naples, FL 34120
, HIS COtiVEYANCk ACCEPTED BY TIlE1
AFD OF COUNTY COHMISSIONER$,
(bLL!,ER COUNTY, FLORIDA, 'r
~'r¢,.:.l;l TO THE PROVISIONS
CF ~=J'.UTION riO. ~kC~- ~...~:,q
OR: 2580 PG: 2797
STATE OF ,' ' -,
COUNTY OF
The foregoing Easement was acknowledged before me this ~-~:"-- day of
-~,,-,- ~ . 1999, by Lawrence Haiman, President on behalf of Customized Structures
of Southwest Florida, Inc.. a Florida corporation, who is personally known to me or who ha-S--
produced as identification. -
(affix notarial seal)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #
My Commission Expires:
Prepared by: / ~
Ru',;art N. Zachary; Esquire
't,;,ce of the County Attorney
· jr;1 ~..5~,1 famtaml Trail
,~-.~ple~, Florida 34112
~ .;-, 1) 774-8400
PROJECT NO. 63041
PROJECT PARCEL NO. 2,15
L E_G A L_D_ ~.S_CB! P_TLOJ~&_$J~ E_T_C H
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the East 180 feet of Tract 2,
LESS the East 30 feet thereof, Golden Gate Estates Unit No. 10, as
recorded in Plat Book 4, Page 101 of the Public Records of Collier
County, Florida.
(GOLDEN GATE
130 FT
I E'aST PROPSRT"
\
.... 1 F'×I$ T:tlO W"¢ L Ir:E SI ~1
(E),IS-ING 50 FT RJ'W EASE 'lENT)
SCYd T H PROPERTY
SCALE: ~,~ch : 10Oleel
PROJECT: GG Blvd.
PARCEL: 245/Customized Structures
FOLIO: 37060160005
2517826 OR: 2580 PG: 2793
COH!$
Rets:
lI?]~ O)flC!
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THIS EASEMENT granted this day of ) , 19/'.~"_, by
CUSTOMIZED STRUCTURES OF SOUTHWEST FLORIDA, INC., a Florida corporation, as
Grantor, to COLLIER COUNTY, a political subdivision of the State of Florida, 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 or assigns.)
WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged,
hereby conveys, grants, bargains and sells to the Grantee, a Temporary Driveway Restoration
Easement to enter upon the lands described as follows (the "Easement Area"):
See attached Exhibit "A", which is
incorporated herein by reference.
The Easement Area, which is adjacent to the permanent easement conveyed by the Grantor
to the Grantee, shall be used by Grantee for the purpose of filling, grading and placing concrete,
asphalt or rock, on the Grantor's lands for the purpose(s) of constructing, with materials of like
kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway
and the newly constructed road, sidewalk, and drainage improvements on Golden Gate
Boulevard. This Temporary Driveway Restoration Easement shall expire upon completion of
construction or August 31, 2004, whichever occurs first. However, if construction is not completed
by August 31, 2004, this Temporary Driveway Restoration Easement shall automatically extend to
August 31, 2005. Grantee shall use its best efforts to restore the existing landscaping, plantings
and light fixtures within the Easement Area to its original condition. Grantor and Grantee are used
for singular or plural, as the context requires.
THIS IS NOT HOMESTEAD PROPERTY
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day
and year first above written.
Witness (Signature)
Name:
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
CUSTOMIZED STRUCTURES OF SOUTHWEST,
FLORIDA, I~., a Florida corporation
LAWRENCE HAIMAN¢, F~resident
Address: 1521 Golden Gate Boulevard West
Naples, FL 34120
STATE OF /'! .... r~ ,'.
COUNTY OF ' ,-~k,...
OR: 2580 PG: 2794
The foregoing Temporary Driveway Restoration Easement was acknowledged before me
this 'Z--~'~ day of ~,~"'----/ 1999 by Lawrence Haman Presdent on behaf of
Customi'~ed StruCtures of South',~est F;orida, I'nc., a Florida corporatio._~,__~'rd'Fs-~ersonall~--~ kn-~wn
to me or who has produced as identification.
(affix notarial seal)
(Signature ofxN3otary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission ff-
My Commission Expires:
Prepared by:' '-
Re, bert N. Zachary, 'l~s~uire
Of/ice of the County Attorney
3301 Last Tamiamt Trait
Naples, Florida 3,4112
t941) 774-8400
*** OR' 2580 PG: 2795 ***
EXHIBIT "A"
THE EAST 35 FEET OF THE WEST 60 FEET OF THE NORTH 30 FEET OF THE SOUTH 95
FEET OF THE EAST 180 FEET OF TRACT 2, GOLDEN GATE ESTATES UNIT NO. 10, AS
RECORDED IN PLAT BOOK 4, PAGE 101 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.