Parcel 278BMEMORANDUM
To:
Sue Filson, Administrative Assistant
Board of County Commissioners
From: Ernie W. Kerskie, Real Property Specialist
Real Properly Management Department
November 09, 1999
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcel: 278B / Lugo
Date:
Subject:
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 N.
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 approved the acquisition
by gift, purchase or condemnation in Resolution 99-289, Item 8(b)(7), dated June 22,
1999.
Once the Agreement has been executed, please forward same to EIlie 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
Real Property Management Department
PROJECT: Golden Gate Boulevard
PARCEL NO: 278B
FOLIO: 37015840008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between JORGE LUIS LUGO, a married man, AND
MARTHA V. LUGO, a married woman, as joint tenants with full rights of
survivorship, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political
subdivision of the State of F orida its successors and assigns (hereinafter referred to as
"Purchaser");
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for road
right-of-way, dra nage sidewalk, utility and maintenance over, under, upon and across
the lands described in Exhibit "A" (said easemenl 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 padies as
follows: '
Owner shall convey the Property to Purchaser for the sum of $500.00, payable by
County Warrant (said transaction hereinafter referred lo as the "Closing"). Said
payment shall be full compensation for the Properly 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 parties. However, if the parties are unable to agree
upon a mutually acceptable location, then the Pdrchaser shall have the right to
install said drop curbing where Purchaser deems appropriate.
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.
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.
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.
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
Easement Agreement Page 2
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
conliguous to or in the vicinity of the Properly Io 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, taws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in coud, 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 Properly from the mortgagee(s).
8. This Agreement and the terms and provisions hereof shall be effective as of the
dale this Agreement is executed by both parties and shall inure to the benefit of
and be b~nding 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 holc~s the Property in the form of a partnership, limited partnership,
corporation, trust or any form oi' 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 or' Chapter 286, Florida Statutes.)
10. Conveyance oi' 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.
11. This Agreement is governed and construed in accordance with the laws of /he
State of Florida.
Easement Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~ day of ./'~t',~.~o,~C, , 19..~,~.
Date Property acquisition approved by BCC: ~
6~22~99 8(B)Z
AS TO PURCHASER:
DATED:
A'I-FEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
~tt~st as to ~a~r~an'$
s~gnature only.
Pamela S. Mac'K~', Chairwoman
AS TO OWNER:
DATED: //-
Witness (Signature)
Name:
(Print or Type)
' ~nature)
(Print or Type)
~tnes~' (Si~aature)
~rint
(Frint or
MARTHA V. LUG,¢
Approved as to form and
legal sufficiency:
Robert Zachary
Assistant County Attorney
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3bi112
(941) 774-8192
SKETCH OF DESCRIPTION
(NOT A SURVEY)
PROJECT NO. 6304
PROJECT PARCEL NO 278B
25 FOOT ROAD RIGHT OF WAY
DRAINAGE, SIDEWALK JTILITY
& MAII*,!TENAiWCE EASEMENT
-. EXIST. 543'
GOLDEN GATE BOULEVARD
~W EASEMEI
TRAC]
75_____2__
DESCRIPTION:
THE SOUTH 25 FEET O¢ THE NORTH 75 FEET OF THE WEST 75
FEET OF THE EAST 180 FEET OF TRACT 85, GOLDEt4 GATE ESTATES
UNIT NO. g. AS RECORDED IN PLAT BOOK 4, PAGE 99. Of TIlE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA
' - EXISTING RIGHT
,.~.~ ..... OF WAY LINE
SHEET 1 OF 1
GGB278B