Parcel 220BMEMORANDUM
RECEIVED
CC; ~ 2 ;5;3
of Co.~t~ C4~a~$slOner~
To:
From:
Date:
Subject:
Sue Filson, Administrative Assistant
Board of County Commissioners
Robed Texter ~
Real Properly Specialist I
Real Properly Management Depadment
October 5, 1999
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcel: 220B/Clarke
Attached you will find one (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 99-286, Item
8(B)(6), 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 Agreements have 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: 220B
FOLIO: 36965640003
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between ROSE R. CLARKE, a single woman,
(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, sidewalk, utility and maintenance purposes (hereinafter referred to as the
"Easement") 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 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 "B",
which is attached hereto and made a part of the Agreement, described as follows, to
wit;
SEE ATTACHED EXHIBIT "B", which is incorporated herein by reference;
WHEREAS, the Owner desires to convey the Easement and the TDRE
(hereinafter collectively referred to as "Propedies") to the Purchaser for the stated
purposes, on the terms and conditions set fodh herein;
WHEREAS, the Owner desires to be compensated for the Properties as well as
any improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the
conveyance of the Propedies 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 Properties in exchange fd~r,the sum of
$9,800.00, broken down as follows:
Easement $ 500.00
Temporary Driveway Restoration Easement $ 100.00
Improvements (If any) $2,400.00
Severance Damages $6.800.00
TOTAL: $9,800.00
Owner accepts the above compensation as full payment for the
Properties, 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.
2. Purchaser shall pay Owner by County Warra, lt.
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 thls
Agreement; provided; however, that Purchaser shall have the unilateral dght to extend
the term of this Agreement, pending receipt of all propedy executed instruments
affecting Purchaser's enjoyment of the Propedies. 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 dosing, 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, including the TDRE, shall be provided to Purchaser on or before the date
of closing.
5. 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.
6. 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 Propedies to be sold to the
Purchaser, that the Owner has not received notice and otherwise has no knowledge of
a) any spill on the Properties, b) any existing or threatened environmental lien against
the Properties or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the C'roperties. This
provision shall survive closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser
against and from, and to reimburse the Purchaser with respect lo, 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.
8. The Purchaser shall pay for all costs of recording the conveyance
instruments in the Public Records of Collier County, Florida. The cost of a title
commitment shall be paid by the Purchaser. 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 secudng and
recording a Subordination, Consent & Joinder of Easement of the mortgage(s} recorded
against the Easement from the mortgagee(s).
9. 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.
10. If the Owner holds the Properties 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 Properties before the Properties 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.)
11. Conveyance of the Propedies, 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 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.
12. This Agreement is governed and construed in accordance with the
laws of the State of Florida.
EXHIBIT 'B'
THE EAST 30 FEET OF THE WEST 37 FEET OF THE SOUTH 15 FEET OF THE NORTH 90 FEET OF
THE WEST 75 FEET OF THE WEST 150 FEET OF TRACT 82, GOLDEN GATE ESTATES UNIT NO. 8,
ASFLORIDA. RECORDED IN PLAT BOOK 4, PAGE 97 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
IN WITNESS WHER..~.,EOF, the parties hereto have executed this Agreement on
this ~ day of ~~.~[_.~_, 19.,~_.
Dated Project/Acquisition Approved by BCC: ~
,," "'. AS TO' PURCHASER:
. Deputy Clerk
signature oM.v,
AS TO OWNER:
DATED:
(P/d^t
~nat~
Nam~Z"~
BOARD OF~ISSIONERS
C~.C.~UNT~, FLORIDA
Par'r~ S. Mac'K~'~Chain~d'ma n
Approved as to form and
legal sufficiency:
Assistant County Attorney
'PROJECT NO.
PROJECT PARCEL NO. 220 B
EGAL DE
(NOT A SURVEY)
The South 25 feet of the North 75 feet of the West 75 feet of the West
150 feet of Tract 82, Gotden Gate Estates Unit No.8, as recorded in Plat
Book 4, Page 97 of the Public Records of Collier County, Florida.
(EXISTING ~ FT. P, tW EASEMENT) (GOLDEN GATE BLVO.)
L~ 25 FOOT $1OEWALK, DRAINAGE
UTILI'PI' AND Iv~INTENANCE EASEMENT
WEST PROPERTY LINE
EAST PROPERTY LINE
SOUTH PROPERTY LINE
1"4
?$FEET
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Collm Co~ty Reel Pro~e,'ly Men~gemenl O~pa~'n~'~ 04/27i99 '~:~ ~