Parcel 368TO:
MEMORANDUM
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FROM: WILMAIVERSON, SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT DEPARTMENT
DATE: August 4, 1999
RE:
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
Parcels: 368
Attached you will find one (1) Easement Agreement for execution by Chairwoman
Pamela S. Mac'Kie concerning the above transaction. Please be advised that Robert
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 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 present
Chairman and any subsequent Chairman, for the life of the Project, to execute any
instrument which have been approved by the Office of the County Attorney.
The Board of County Commissioners of Collier County, Florida also approved the
acquisition by gift, purchase or condemnation in Resolution 99-292, Item 8(b)(7), dated
June 22, 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. Ms. Hoffman will then call me at extension 8991 for document pick-up.
Thank you.
Attachments as stated
PROJECT: Golden Gate Boulevard
PARCEL NO:368
FOLIO:37221280009
37221200005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between ANITA WOODY, the Surviving Spouse of
Grover C. Woody, deceased, (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors 8nd assigns
(hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for
drainage, sidewalk, utility, & maintenance easement 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 by and between the parties as
follows:
1. Owner shall convey the Property to Purchaser for the sum of $1780.00, 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 Property, the execution of such instruments
which will remove, release or subordinate such encumbrances frorn the Property
upon their recording in the public records of Collier County, Flodda. Owner shall
provide such instruments, propedy 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 propedy 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 Co er County, Florida.
Easement Agreement 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 instrument 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 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 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.
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 ot' 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, undertakings, promises, warranties,
or covonant8 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,FITNESS WHEREOF, the padies hereto have executed this Agreement on
this ~ day of -..7"~-/---z , 19. ?,?.
/
Date Property acquisition approved by BCC: 4/28/98 16(B)1 - Res. 9~10~
6/22/99 6B7 - Res. 99-292
AS TO PURCHASER:
DATED:~¢//,~,~
.. ~ -.. DWIGHT .'~ ROCK, Clerk
~ ":~ - :./, .i.-.
~'~ff'. ~./~ ~'//~/:~-'~Deput¢ Clerk -
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:pa · ' , Chairw6man
DATED:
Wit, C(e ss (~Si~natu're)
(Pd"nt or Type)'
Witness. (,Signature)
(Print or Type)
Anita Woody
Approved as to form and
legal sufficiency:
R&ber~ Zach~ary
Assistant County Attorney
OFFICE OF CAPITAL
3301 EAST TAMIAMI TRAIL
(941) 774-B192
PROJECTS
NAPLES, FLORIDA 34112
SKETCH OF DESCRIPTION
(NOT A SURVEY)
,.~./f-
PROJECT NO. 63041
PROJECT PARCEL NO. 368
.~TD~ /~ g] ~oo.,'-'
GOLDEN GATE BOULEVARD
100' R.O.W.
I-- EXIST' 5~7 R" EASEMENT-'-~ .......
-- -- L 25 FOOT DRAINAGE.
SIDEWALK, UTILITY,
& MAINTENANCE
EASEMENT
EAST ONE HALF
WEST 180 FEET
TRACT 18
TRAC-
18
TRACT lg
TRACT 19
EAST PROPER Ty UNE ---~.
165'
L SOUTH PROPER rY LItE
DESCRIPTION
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST ONE
HA/.F OF TRACT 18, TOGETHER WITH THE SOUTH 25 FEET OF THE
NORTH 75 FEET OF THE WEST 180 FEET OF TRACT 19 ALL IN GOLDEN
GATE ESTATES UNIT NO. 13, AS RECORDED IN PLAT BOOK 7 PAGE 72.
OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.. '.
LIHE
IOIECY.EOB¥ I ~-.,ALE J DATE I FILENO.
1'- 10(7 I JULY22, 1998 GGB368
I Sfl~ETIOF1
PROJECT: G.G. Blvd.
PARCEL: 368
FOLIO: 37221280009
37221200005
This 9ro~:~'
L:,t'~,~, C~'.," '...*':''.i: ..' .'i ~'; L,Y".' :~. ; ?;,".
EASEMENT
2521224 OR: 2583 PG: 1574
CO~S Nil. Il'
INTER O[~IC!
THIS EASEMENT, made and eAtered into this.~7'A day of E.-~-~. '
19.z~_, by ANITA WOODY, the Surviving Spouse of Grover C~ Woody, decease~,
whose mailing address is 5516 Pate Road, Dillsboro, Indiana 47018, 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.)
WlTNESSETH:
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, sidewalk, utility,
and maintenance 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.
THISlS 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 drainage, sidewalk, utility and maintenance 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.
Fi!~fWitness (~ign¢ture) Anita Woody
(P4nt Name) ....
(Print Name)
OR: 2583 PG:
STATE OF~'~
COUNTY OF___~d'~
The foregoing Easement was acknowledged before me this ,2,.¢','~day of
, 1999, by Anita Woody, who is personally known~or who has
as id e nt-iTt'Fcation.
(Affix notarial seal)
(Sig_.nature oH'4otary)
(Print Name of Notary) _
Commission #__~_~_~
My Commission Expires: //o 3¢ ¢/
Prepared by: ~'~.~ --) ... ¢,
Robert N, Zachary~ Esquire
Office o! the County Attorney
3301 East TamlamJ Trail
Naples, Florida 34112
(941) 774-84O0
THIs'~Oi~-V~YARCF ACC~EPTED BY 7H£l
£OARD OF COUNTY COHHIS.~i?IERS,
COLLIER COUNTY, FLORIDa.,
r'J~SUAfIT TO THE PROVISiJrIS ,
Ct' i,~SSLUTION NO. (i~ ~ ~-
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
(NOT A SURVEY)
PROJECT NO. 63041
PROJECT PARCEL NO. 368
DESCRIPTION
GOLDEN GATE BOULEVARD
100' R.OW.
t--- EXIST. 56 R~
TP, ACl
t-- t8 fl! PROPER PC LIN~
25 FOOT DRAINAGE,
SIDEWALK, UTILITY, ~ '
& MAINTENANCE
EASEMENT
EAST O[fE tfALF
TRACT 18
185'
18
[-- SOUTH PROPERTY
WEST 180 FEET
TRACT lg
TRACT 19
EAST PR,O~ER r~ LII',IE .-~
180'
ritE SOUTtt 25 FEET OF THE NORTH 75 FEET OF THE EAST OHE
HALF OF TRACT 18, TOGETHER WIT/{ THE SOUTtt 25 FEET OF TIlE
NORTH 75 FEET OF THE WEST 180 FEET OF TRACT 19 ALL IN GOLDEN
GATE ESTATES UIIIT NO. 13, AS RECORDED IN PLAT BOOK 7,PAGE 72,
OF TtlE PUBLIC RECORDS OF COLL ER COUNTY, FLORIDA.
'AY
100'
IGGB368