Loading...
Parcel 187 & 187TProject: 63041 Parcel: 187 (Feliciano) / 2185797 OR: 2315 ?G: 3455 v/ ~IIL III l~}l EASEMENT 212 / OR: 2256 PG: 0310 ue nl 11.51 IIAL / THIS EASEMENT granted this ._~._gL_ day of ~, 19u.~., WILFRED FELIClANO and EDITH FELICIANO, Husband and Wife, 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 ii~e 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, exclusive easement, license, and privilege for road right-of-way, sidewalk, drainage, utility, and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: The North 31 feet of the South 81 feet of the East 75 feet of the West 180 feet of Tract 31, Golden Gate Estates, Unit No. 7, in accordance with and subject to the plat recorded in Plat Book 4, Pages 95 and 96, Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. THIS IS 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 road right-of-way, sidewalk, drainage, and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. It.,I VVITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. 'i'hts ~'~sement ha.'4 been re-recorded to re[loci acceptance of the c,~nveyance by the Board of County Commissioners, fi(,llier County. WITNESSES: ..ts TO /(Print Name) .-' ,L..~ , ,- '-~, . /" 'Wilfred Feliciano ...,., ~-.~ ~ 2285 Golden Gate Boulevard (Print Name) L,,~¢t~~)t/~ / Naples, FL 34120 (Print Name) Edith Feliciano o 2285 Golden Gate Boulevard Naples, FL 34120 (Print Name) Acknowledgment Page Follows Easement Page 2 *** OR: 2315 PG: 3456 STATE OF '~ · COUNTY OF~ f' The foregoing Easement was acknowledged before me this ~ day of ~¢~!~96, by Wilfred Feliciano, who is personally known to me or who has produ'ced as identification. Serial No. My Commission Expires: STATE OF ~ COUNTY OF ~ The foregoing Easement was acknowledged before me this ~ day o~996, by Edith Feliciano, who is personally known to me or who has produced as identification. ( Notarial Seal ) Serial No. My Commission Expires: REAL PROPERTY MANAGEMENT DEPARTMENT TO: SUE FILSON ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM: ROBERTTEXTER REAL PROPERTY SPECIALIST I Date: August 10, 1999 RE: GOLDEN GATE BOULEVARD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 63041 PARCEL: 187T / FELICIANO Attached you will find (1) Easement Agreement for execution by Chairwoman 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 acquisition by gift, purchase or condemnation in Resolution 99-284, Item 8(B)(7), dated June 22, 1999. Pursuant to the previous 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 Agreement has been executed, please forward same to Elite 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: Golden Gate Boulevard PARCEL: 187T FOLIO: 36912000007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between WILFRED FELIClANO and EDITH FELICIANO, husband and wife (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires a non-exclusive Temporary Driveway Restoration Easement (hereinafter referred to as "TDRE") over, under, upon and across the Owner's lands, for reconstruction of the existing driveway, described in Exhibit "A", which is attached hereto and made a part of the Agreement, described as follows, to wit; SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference; WHEREAS, the Owner desires to convey the TDRE (hereinafter referred to as "Property") to the Purchaser for the stated purposes, on the terms and conditions set forth herein; WHEREAS, the Owner desires to be compensated for the Properly as well as any improvements located thereon; WHEREAS, the Purchaser has agreed to compensate the Owner for the conveyance of the Property and for the improvements located thereon. 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 Property in exchange for the sum of $500.00 which is full compensation for the Temporary Driveway Restoration Easement and the previously granted Easement recorded in O.R. Book 2315, Page 3455, Public Records of Collier County. Owner accepts the above compensation as full payment for the Property and that Easement previously recorded, 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. Purchaser shall confine all work to the South 65 feet of Owner's property (Including existing right-of-way) and shall not disturb Owner's lands beyond this point except to restore Owner's driveway, 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 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 Property. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Property to Purchaser in an instrument 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 Properly 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 the 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. 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 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. 7. The Purchaser shall pay for all costs of recording the conveyance in'struments 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. 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 padies hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property, or any interest in 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. 10. This Agreement is governed and construed in accordance with the laws of tho State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on Date Property acquisition approved by BCC: ~28/~}8 I:~ N~.~ Date Property condemnation approved by BCC: 6/22/99 AS TO PURCHASER: OATED:~/), ATTEST: '"'/' DWIGHT E. BRo'CK, Clerk AS TO OWNER: BOARD OF COU~MMISSiONERS COLLIE~I~NTT, FLORIDA F~,~ LA S~rw%an DATE D:,~//,/~ W' / :' '~'-/--': It n e,..S'.sd,,S ig n a t u re ) Ne me.-~ ,J. /r!nt or Type) ~(Print~r Type) / (Print or Type) Witness (Print or Type) WILFRED FELICiAN© 2285 Golden Gate Boulevard W Naples, FL 34120 2285 Golden Gate Boulevard W Naples, FL 34120 Approved as to form and lega/sufficiency:! Heidl Ashton Assistant County Attorney Reviewed and APproved by:, PROJECT NO, PARCEL NO. FOLIO NO. 63041 187 T 3691200O007 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 50 feet of the Nodh 15 feet of the South 96 feet of the East 75 feet of the West 180 feet of Tract 31, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. PROJECT: Golden Gate Boulevard PARCEL: 187 T FOLIO: 36912000007 2522723 OR: 2584 PG: 1609 DO¢-.N ¢OfllS Retn: TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENT granted this ~ day of~, 19~, by WILFRED FELICIANO and EDITH FELIClANO, Husband and Wife 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 (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 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 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 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 HOMESTEAD PROPERTY IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. T.1;~;--CO,qVFYARCE ACCEPTED BY t:" DO~D ~F COUt~TY COMMISSIONERS. ~ COL,.:R COUrITY, FLORIDA, ~ CF'F, ESOLUTION'HO. ~.~ This properb! has been acquired under threat o! condemnation and is exempt from documentary stamp tax WITNESSES: h. (.Print or/Type) , / ~ness (Si~na[6re)~ Name: ' ~. ,' ' './('Z.'.." ' (Print or Type) OR: 2584 PG: 1610 WILFRED FELICIANO 2285 Golden Gate Boulevard W Naples, FL 34120 ~~ L J/ ~ ' ~Wi~ess~(Signatur~) Na~e: ~ // (Pr~'~or Type) Name: ~ (Print or Type) EDITH FELICIANO 2285 Golden Gate Boulevard W Naples, FL 34120 STATE OF FLORIDA COUNTY OF c._'c~_.L_ ~ ~ The foregoing Easement was acknowledged before me this ~ day of ~.~2f' 1999 by WILFRED FELICIANO, who is personally known to me or who has produced ', l,- /_, ,' as identification. ~-; (affix notarial seal) (Si<~nature of Notah/Public)," STATE O. COUNTYOF ~ ¢~~_~__ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: ~/...? The foregoing Easement was acknowledged before me this day of , 1999~ by EDITH FELICIANO, who is personally known to me or who has prod ed' ' [ % ( ,'~., ~.' as identification_. (affix notarial seal) (Signature orRotary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: PROJECT NO. 63041 PARCEL NO. 187 T FOLIO NO. 36912000007 EXHIBIT ',a', TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 50 feet of the Nodh 15 feet of the South 96 feet of the East 75 feet of the West 180 feet of Tract 31, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida.