Parcel 133TO:
FROM:
INTEROFFICE MEMORANDUM Au0 0 1999
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specialist
Real Property Management Department
DATE: August 3, 1999
RE:
Golden Gate Boulevard, Parcel 133
Project 63041 (Horton)
Attached you will find one (1) Easement Agreement for execution by
Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be
advised that the document has been reviewed and approved by the County
Attorney's Office.
The Board of County Commissioner of Collier County, Florida approved the
acquisition by gift or purchase pursuant to Resolution 98-107, Agenda Item
16.B.1, dated April 28, 1998, 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.
The Board of County Commissioners of Collier County, Florida approved
acquisition by gift, purchase or condemnation pursuant to Resolution 99-220,
dated April 27, 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.
If you have any questions regarding this matter, please contact me at 774-8991.
Thank You.
Attachment:
PROJECT: GOLDEN GATE BOULEVARD
PARCEL: 133
FOLIO: 3671628000/7
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between GINA R. HORTON f/ida GINA R. GREEN, a
married woman, joined by her husband GENE ALLEN HORTON, (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 perpetual, non-exclusive Easement for
drainage, utility and maintenance purposes over, under, upon and across the lands
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 be compensated for the Easement, as well as
any, improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Easement (hereinafter referred to as "Properly") and for the improvements, over,
under, upon, and across 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 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
$1200.00, broken down as follows:
Easement $1100.00
Improvements $ 100,00
TOTAL:
$1200.00
Owner accepts the above compensation as full payment .for the
Property, and for all landscaping, trees, shrubs, improvements and fixtures located
thereon, and for any damages resulting to the remainder, if less than Owneds entire
property was taken, and for all other damages in connection with the conveyance of
said Property 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 within ninety (90) days from the date Purchaser executes this
Agreement; provided; however, that Purchaser shall have the unilateral dght 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. 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, shall be provided to Purchaser on or before the date of closing.
5. Conveyance of the Properly, 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 padies, 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 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 otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental lien against the Properly 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.
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, 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 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 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,
11. If the Owner holds the Property 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.)
12. This Agreement is governed and construed in accordance with the
laws of the State of Florida.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement on
this ~;;~, day of_ _ ,¢~~, 19 .~ .
Dated Project/Condemnation Approved by
BCC: 04/27/99 Res. No. 99-220
AS TO PURCHASER:
DATED: ~~../.~?
A'T-fEST:
DWIGHT E. BROCK, Clerk
~/...~¢ ,//~¢~¢'~c/'~Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
PAMELA S. MAC'KIE, Cha'r/rwoman
.._ TO OWNER:
DATED: 3.,1£1 2~ .IL'JqC1
Witness,,(signature)~ ) ,
Name:D'LLl~q Jr(.
(Print or Type)
/~itn/es s ~Sign~tt~-~b) ) ,
Name::~::~n kl. ~t ~Y.
(Pr(nt or Type)
(Print or Type)
,/~Viiness (Sian'~tu~), ' , ,..
(PrCnt or Type)
NAR HORTON f/k/a GINA R GREEN
3310 1't Avenue NW
Naples, FL 34120
3310 1" Avenue NW
Naples, FL 34120
Approved as to form and
Heidi FT As-d~ton
Assistant County Attorney
PROJECT NO.
PROJECT PARCEL NO.
/"'~t
63041
133
L E _G_A L_D_E_,S_¢ RI P T I 0 N
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the East One Half (1/2) of Tract
105, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page
77 of the Public Records of Collier Count , Florida.
PROPERTY
../ ~',EST P~OPERfY UHE ,
165 FEET
(GOLOEH GXTE BLVO ]
SO~/TH PROPEClTY LItCE T
EAST PROPERTY LINE
N
~§ FOOT OI=~AtNAGE, UTILITY
ANO MAINTENANCE E&SEMENT
(EXISTI~'~G ,~ FT R/w
SCALE: linch ,,, 100 feel
PROJECT: Golden Gate Boulevard
PARCEL: 133
FOLIO: 3671628000/7
/$3
2521277 OR: 2583 PG: 1654
08/19/199~ at IO:2~A~ OiIGE? l. aR0¢[,
CORS 1200.Oa
COPIIS
RIAL PRO?IR?!
EASEMENT
THIS EASEMENT, made and entered into this .~)-~ day of ~~L _, 1999, by GINA
R. HORTON, f/Wa GINA R. GREEN, a marrie'~ ~oman, joined by'her husband GENE ALLEN
HORTON. whose mailing address is 3310 1" Avenue NW, 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 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.
WITNESSES: /
Witness (Signature),,
Name:
(Print or Type)~
qNitness .(Signatbre) ;
Name:~~.
(Print or Type)
3310 1" Avenue NW
Naples, FL 34120
Name:~
__ (Printer Type)
Name: ~,~y-
(Print or Type)
OR: 2583 PG: 1655
3310 1" Avenue NW
Naples. FL 34120
STATE OF FLORIDA
COUNTY OF ~
) ~The foregoing Easement was acknowledged before me this c~)-'j day of
~ .1999 by GINA R. HgR, TON f/k/a GINA R. GREE~I. who is personally known
(affix notarial seal) . tct--Lt, U
(Signature of Notary Pu~li(¢/
I ,~,,,,l'-'- ~,. DAWN R KESSEL
I~ ~l~'J~, ~- CCel-~0? (Print Name of Notary Public)
I~.,,~_~,',~¢~ ~ co~s,~o.~x~s NOTARY PUBLIC
[ ~o,~o' j~, 22.~oo~ Serial/Commission
My Commission Expires:
STATE OF FLORIDA
COUNTY OF ( '~,J~l(' J(~
.~T~?, foregoing
ha~ proddce~'
(affix notarial seal)
DAWN R KESSEL
CC615107
JAN. 22,2001
Easement was acknowledged before me this '~ day of
1999 by GENE ALI~E~I HORTON, who is persoqally known to me or who
as ide~~,
(Signature of ~-
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission
My Commission Expires:
Robert N. Za~:hary ,/Esquire
Office of the County Attorney
3301 East Tamlami Trail
Naples. Florida 34112
(941) 774-8400
PROJECT NO. 63041
PROJECT PARCEL HO. 133
OR:
2583 PG: 1656 ***
L E,-G A LD_E_$_C,J~I.EI_LQI::LSLSKE_T_O H
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the East One Half I1/2) of Tract
105, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page
77 of the Public Records of Collier County, Florida.
165 FEET
EAST PqCr-'Er~'r¥ UNE
__ %~ FOOT DF4AI~ Ac3E, t..JTItlT'¢
Al*iD MA;hITENAHC£ EASEMENT
-~.~_.. J, ..... .~ .': :'.':'-'.' :'-';:'£';'.'-': ......................
..OLDEN GA'rE BLV0 ) T I (EXISTING 5~
SO'J fH PnOpEn rr LINE
SCALE' linch · 'I00 feel
Real Pr,3~.rt, f Ma~asemen! Oepa~ment ~,~'71~8717 PU