Parcel 170 AilCBV D
REAL PROPERTY MANAGEMENT
DEPARTMENT
JUL 2 9 1999
TO:
SUE FILSON
ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FROM: ROBERT TEXTER
REAL PROPERTY SPECIALIST I
Date: July 27, 1999
RE:
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
PARCEL: 170A / DORIA
Attached you will find (1) Easement Agreement for execution by Chairwoman Pamela S.
Mac'Kie concerning the above transaction. Please be advised that Robed Zachary,
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 Ellie 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 NO: 170A
FOLIO: 36817820007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement")is
made and entered into by and between ALBERT DORIA, JR. a single man,
(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of
the State of Florida. its successors and assigns (hereinafter referred to as "Purchaser"l:
WHEREAS. Purchaser requires a perpetual, non-exclusive easement for
sidewalk, drainage, utility and 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 this Agreement;
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of 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 is hereby mutually acknowledged, it is agreed hy and between the parties as
follows:
1. Owner shall convey the Property to Purchaser for the sum of $1400.00, payable
by County Warrant (said transaction hereinafter referred to as 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 resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said Property to Purchaser. Purchaser may install
drop curbing (for a driveway entrance only), when appropriate, at a location that is
mutually acceptable to the padies. 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 where Purchaser deems appropriate.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Properly, the execution of such instruments
which will 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 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
conveyance instrument to Purchaser in a form 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.
Easement Agre(;ment Page 2
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 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 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 5. 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 ~nstrument ~n
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 modgage(s) recorded against the Property from the mortgagee(s).
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 parties hereto and their respective heirs, executors.
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
9. 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.)
10. 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, undedakings, promises, warranties.
or covenants not contained herein.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
IN WITNESS WHEREOF. the parties hereto have exocuted this Agreement on
this,~2-~:~day of .~,Lc__Z¢.~ ......... 19 /~ .
Date Property Condemnation approved by BCC: 6122t99. Resolution No 99-284
AS TO PURCHASER:
D AT E D: ~¢_~__0. ,,/_~_Z~_
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER:
DATED:
Witness (Signature)
Name:
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
BOARD OF COU~_._TLY COM_..,MISSIONERS
COLLIER TY, FLORIDA
BY '
:-PAII&Ef_A S. MAO~qE, Cf'bCrwoman
ALBERT DORIA, JR.
6134 Polly Avenue
Naples. FL 34112
Approved as to form and
legal sufficiency:
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. 170 A
EXHIBIT
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The South 25 feet of the North 75 feet of the West 165 feet of Tract 111
Golden Gate Estates Unit No.5, as recorded in Plat Book 4, Page 91 of
the Public Records of Collier County, Florida.
EXISTING ~",',' L:',E .- -J
,',ES'
,c, i'w D M ~]NTENA,NCE
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~ C.,oun~ Reai Prope~/Manage~-~nl De~r~r~,~..i 7~.'Dg gO ' 2 ~;2 ¢'M
PROJECT: Golden Gate Boulevard
PARCEL: 170A
FOLIO: 36817820007
2518604 OR: 2581 PG'
EASEMENT
THIS EASEMENT. made and entered into this ,.'. day of __,._, ............ 19__Lt. by
ALBERT DORIA, JR., a single man, whose mailing address is 6134 Polly Avenue. Naples. FL
34112, as Grantor to COLLIER COUNTY, a political subdivision of the State of Florida. whose
mailing address is 3301 Tamiami Trail East. Naples, Florida 34112, ils 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 (S10.00) 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 sidewalk, drainage, utility and maintenance purposes, on the following described lands
located in Collier County, Florida. to wit:
See attached Exhibit "A" which ~s
incorporated herein by reference
Subject to easements, reslrictions, 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 the purpose of constructing, operating and maintaining
sidewalk, drainage, utility and maintenance 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:
~ ."£,L:S~'.z~ ~ '{/~>~', ,
Witness (Signature)
(Print or Typel
Witness (Signalure)
Name:
(Print or Type)
T~tS CONVEYANC[ ACC[PT[D BY THE
E. 3L' OF COUHE¥ C.O~MI$$IONER3,
c..C. Lt_][R COUNTY, FLORIDA,
FURSU,~tlT TO THE PR..O~I$IONS
or ~£SOLIJTiOrt NO..~'
ALBERT DORIA, JR.
6134 Polly Avenue
Naples, FL 34112
TI'ils property nas be. en acquired under
threat of con:Jarnr,~tion ari6 is exempt from
documentary stan'lp tax
STATE OF _ :~i '_'~ ;:._~' ,r
COUNTY OF ._.,'j_., : ,. ~
The foregoing Easement was acknowledged before me this ~_; .~_, __ (Jay of
~ ~';" ' ~ . 1999 by ALBERT DORIA, JR.. who is personally known to me or who has
produced .... , .,.~ ' ' as identification
(Print Name of Notaw Public}
NOTARY PUBLIC
My Commission Expires: . _.: ..... . . ~
' "2~ ha
,,. ac fy, Esqulr t~
.. .... ., el the County Attorney
:z.:..,)l ~_asl Tamiaml Trail
Naples. Florida :3,41 12
(c.941) 774-8.,44~
PROJECT NO. 63041
PROJECT PARCEL NO 170 A
LEGAL DESCRIPTION &_S__KE]'[_C_.H
(NOT A SURVEY)
The South 25 feet of the North 75 feet of the West 165 feet of Tract 111.
Golden Gate Estates Unit No.5, as recorded in Plat Book 4. Page 91 of
the Public Records of Collier County, Florida.
(GO,,.DEN O~'E g. ,2
E.,~ST",,S R',',. '.:~ ·
AaJO MAINTE'IANCE EASEM?,'