Loading...
Parcel 115/SavignanoMemorandum TO: FROM: DATE: RE: Ellie Hoffman Records Technician III Minutes & Records Management Cindy Erb Sr. Property Acquisition Specialist Real Property Management Department November 19, 2001 County Barn Road - Parcel #115- Patrice & Stephen Savignano Please find attached one (1) original recorded Easement, one (1) original Subordination of Utility Interests and one (1) original Easement Agreement for the above referenced project. The Board of County Commissioner of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 96-356, Agenda Item 16 B 6, dated August 13, 1996, and approved the acquisition by condemnation pursuant to Resolution 2000- 193, Agenda Item 8 B 2, dated June 27, 2000. Please contact me if you have any questions or comments at 8917. Thank you. attachments as stated CC: A.N. Korti, Transportation w/attachments Tax Appraiser's Office w/Easement only Contractor's File w/attachments Inventory File w/attachments Office of the Real Property Management Department PROJECT: County Barn Road PARCEL: 115 FOLIO: 21962000059 2879573 OR: 2917 PG: 0769 R~CORDED in OFFICIAL R~CORDS of COLLIER CO~}(?Y, 11/01/2001 at 08:26A!( DWIGHT I). BROCK, Risc l~l)~ 15.00 Retn: BXT 899I 3.00 This prope~, has been acquired under · "~ ',::;d ~,:~. exempt from threat of con~e~ ,*.., ~:~.~ ~.~ ,~ EASEMENT THIS EASEMENT, made and entered into this day ~'~_~.]~oj~-_~ , 20 , by PATRICE E. SAVlGNANO, a married woman, joined By her husband, STEPHEN P. SAVlGNANO, whose maiming address is 2800 County Barn Road, Naples, Florida 34112-5436, as Grantor to COLLIER COUNTY, a political subdivision of the State of Florida, whose maiming address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include ami 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, road right-of-way, drainage, utility and maintenance easement for road right-of-way, 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, and take materials for the purpose of constructing, operating and maintaining road right-of-way, 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. W~'ness (~lgnatu/e_) _. Name:~l~l/~ f./ )'~/, (Print- er TyPe) ~i~e~S~ru r~) Name~k ~- ~- (P~int0rT~pe) ~ t Patrice E. Savignano 1't'11~ CONVL=YANCE APPROVED BY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO, OR: 2917 PG: 0770 Witness (~ignature) Name: (~l~,oj;.,~ FY1. (Print or Tyl~e) ~ (Signature) Nam~~', ~. ~_~ (~in[ 5r Type) Ste ~h~P: Sa'~ignano ~' STATE OF ~- ~ cD ~-~\~ A COUNTY OF ~__0 \V,e_ .~ The foregoing Easement was acknowledged before me this ,~ ~ day of ~--~-~ ~_~¥,)~_~, 200_~1 by Patrice E. Savignano, who is personally known to me or who 6-as'produced ~ L ur t.,;.~.~,-,~, as identification. (affix notarial seal) .,:~...~?~,,. C~ndy M. Erb # CC STATE OF ~--"~O COUNTY OF (S~g~-at'u~'~ ~oiary' Publi(~) (Print Na~e of Nota~ Public) NOTARY PUBLIC Serial/Commission ~: (if any) My Commission Expires: ~Jsl~ The foregoing Easement was acknowledged before me this ~-.,~ ~ day of ~j:)~%~,~, 20C)~ by Stephen P. Savignano, who is personally known to me or who has produced t: ~ ~¢ t,:,,- .¢_-~-~ as identification. (affix notarial seal) ,,;'~,~.,,, Cindy M Erb $~ ~'~mmms~n ~ cc ~91 Ap~"~ ~s to fort/~]eg~l suffJcJell¢.~ · Ass t stant '~ount$ Attoe~ ' Ellen To Ched~ell (Signature I~ Nota~ Pu61ic) (Pri"-nt Narr~ of Notary Public) NOTARY PUBLIC Serial/Commission #: (if any) My Commission Expires: ~1 OR: 2917 PG: 0771 *** EXH d/T_ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAM! TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION '~ NOT A SURVEY PROJECT NO ................ §0101 PROJECT PARCEL NO..115 TAX PARCEL, NO....;21962000059 N.E. COR. OF ALBRIGHT ACRES P.B. 21, PAGE 58 S 89°10'44" E PARCEL 115 i LOT 1 EXISTING 2§' ROAD & DRAINAGE EASEMENT.~ S 89°08'52'' E Perpetual, Non-ExClusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment DESCRIPTION: TWENTY FIVE (25') FOOT EASEMENT THE WEST (25') FEET OF THE EAST 50 FEET OF ALBRIGHT ACRES, AS RECORDED IN PLAT BOOK 21 PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. , CONTAINING 4,218 SQUARE FEE~' OR .010 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WiTH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112' NOTTO SCALE MAY22, 2000 CaR 115 SHEET 1 OF 1 PROJECT NO: 60101 PARCEL NO:115 FOLIO: 21962000059 Florida Power & Light Release 2879572 OR: 2917 PG: 0765 R~¢ORDED in O~I¢IAL RRCORDS of ¢OLtI~R COUI{?¥, 11/01/2001 at 08:26~ DWIGHT l, BROCK, CLBRK Retn: RRAL PROPHRTY BXT 8991 INTER OPPIC~ COPI~ 19.50 4.00 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT, entered into this ~ ~¢"day of ©c~-<~%3¢~- ,20.~(, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter called "County", and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, by its undersigned officers who have been duly authorized by the corporation to execute this Subordination, whose mailing address is P. O. Box 029100, Miami, Florida 33102, hereinafter called "Utility." WITNESSETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for road right-of-way, drainage, utility and maintenance purposes; and WHEREAS, the proposed use of these lands for road right-of-way, drainage, utility and maintenance purposes will require subordination of the interest claimed in such lands by Utility to the County, and at the request of the County, the Utility has agreed, subject to the following conditions, to relocate its facilities from the Utility's easement lands onto public right-of-way, or has agreed to leave its facilities on the subordinated lands (hereinafter jointly referred to as "Lands" and depicted in Exhibit A attached hereto); and WHEREAS, the County is willing to pay to have the Utility's facilities relocated, if necessary, to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and County agree as follows: Utility subordinates any and all of its interest in the Lands described as follows: (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors or assigns, for the purpose of constructing, road right-of-way, drainage, utility and maintenance purposes, over, through, upon and/or across such Lands, including, but not limited to, the claim of interest based on the following: Nature of From or Recorded Encumbrance Date Aqainst In Favor Of Book-Page Easement 9-10-99 Patrice Savignano Florida Power & 2594 106 Light Company OR: 2917 PG: 0766 PROVIDED that the following rights are granted to Utility: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon all Lands in accordance with the County's current minimum standards for such facilities. Any construction or relocation of facilities within the Lands will be subject to prior approval by the County. Should the County require the Utility to alter, adjust, or relocate its facilities from or within said Lands, the County hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to, the cost of acquiring appropriate easements. 2. The Utility shall have a reasonable right to enter upon the Lands for the purposes outlined in paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 3. The Utility agrees to repair any damage to the County's facilities and to indemnify the County against any loss or damage resulting from the Utility's exercise of its rights as outlined in paragraphs 1 and 2 above. 4. These terms and conditions shall be attached as an addendum to the permit, if any, required by the County for relocation of the Utility's facilities within the said Lands. 5. This Agreement is not assignable except to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. AT-E,E.~,T:. ........ gw',l G"I~...L:¢, ~OcK, Clerk - ... ,..,. ~,(, ..'. t , ~-~ ,. -,),.'../ :../',,~_,y ,~;Oeputy Clerk .~,~pRroved as to~Form and fillen T. Chadwe~- Assistant County Attornoy Signed, sealed and delivered in our presence as witnesses: SS_ (Signature) Leslie Richards Name: (Print or Type) WITNESS (Signature) Donna M. Rodebaugh Name: (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JamesJ~:'. Carter, Ph. D.,-C"h~irman to Cha ! nmman' $ FLORIDA POWER & LIGHT COMPANY, a Florida corporatLon / '-" & Assistant Secretary ,,:', '" Attest: .(S~al) , Secre(ary OR: 2917 PG: 0767 STATE OF: Flori~ COUNTY OF: Palm Beach I hereby certify that on this day, before me, an officer d_.,ul.y authorized to take acknowledaerQent,., personally aBpeared John M. t;n~sm (name) Dh'ector, CoTporl~t¢ Real ~-.state~Assistant Secretary (title) of Florida Power & Light Company, a Florida corporation, who is personally known to be or who has produced as identification. (affix notarial seal) l~'r,d~RY lw..l~l,.~c ~'rA'l*~ ~ Iq.,OIUDA COMMISSION ~. CC~ Notary Signature Print Name of Notary Commission Number: My Commission Expires: *** OR: 2917 PG: 0768 *** PUBLIC WORKS 3301 Paoe__]~ :l ENGINEERING DEPARTMENT EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8102 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 00101 PROJECT PARCEL NO..115 TAX PARCEL NO....:21062000059 N.E. COR. OF ALBRIGHT ACRES " P.B. 21, PAGE §8 S 89°10'44'"E ~.~ I ~ 25'I 2§ -'~T, PARCEL 115 LOT 1 EXISTING 25' ROAD & DRAINAGE EASEMENT~ Perpetual, Non-ExClusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment S 89°06'52'' E Z O O DESCRIPTION: TWENTY FIVE (25') FOOT EASEMENT THE WEST (25') FEET OF THE EAST §0 FEET OF ALBRIGHT ACRES, A8 RECORDED IN PLAT BOOK 21, PAGE 58, OF THE PUBLIC RECORD8 OF COLLIER COUNTY, FLORIDA. CONTAINING 4,218 SQUARE FEE~' OR .010 ACRES MORE OR LES& GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. -- POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. -- TOWNSHIP 5) RGE, = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2408 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112. NOTTOSCALE MAY22, 2000 CBR 115 SHEET 1 OF 1 PROJECT: County Barn Road PARCEL NO: 115 FOLIO NO.: 21962000059 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between PATRICE E. SAVIGNANO, a married woman, joined by her husband, STEPHEN P. SAVIGNANO, (hereinafter referred to as "Owner"), whose mailing address is 2800 County Barn Road, Naples, Florida 34112- 5436, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for road right-of-way, drainage, utility and maintenance purposes 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: Owner shall convey the Property to Purchaser for the sum of $3,400.00, 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, including any costs, expert fees or attorney's fees as provided by Florida law. 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 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 sixty (60) 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 such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications 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 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 Easement Agreement Page 2 o 10. 11. 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. 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. 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). The cost of a title commitment shall be paid by Purchaser. 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. 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 covenants not contained herein. 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.) This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Page 3 IN WITNESS .~NHEREOF, the parties hereto have executed this Agreement on this ,-~ day of .,~/?..,~.~e_. , 200 ~ Date Property acquisition approved by BCC: 6/27/00, Resolution 2000-192, Item 8 (B) 2 AS TO PURCHASER: DATED: ATTE,$,t,:,- ......... DWI'C~'¥~.~.q~'R.i~CK, Clerk .: '.'., ~-: ,,, ~~.D~d.~,~ ~erk ~; ' . . ..-' AS TO OWNER: DATED: q l elOl ~¥itnes~(Signbture) ~ . Name: P-__,,nd~ ~- ~-~J) ~(Print o~Type) Witne~nature) ~am~ ~ ~ ~~ BOARD OF COUNTY COMMISSIONERS COLLIER COUN~~ BY' James .~Ca~er,~h.-~,"'C~a, rm--an Patrice E. Savignano AS TO OWNER: DATED: Witness~ign'atur~"i Name: P,j~/)U ~-'~ ~rint ~ Type) Wit~~~atb re} Name: tx~ (~ri~'t o~ TyCe~- ' Approved as to form and legal sufficiency: ~l~n"T. ChadWelJ~- Assistant County Attorney Ste'~e(~ ~. S~'~ign~,~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 EXHm _ L. SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 00101 PROJECT PARCEL NO..115 TAX PARCEL NO....;21962000059 N.E. COR. OF ALBRIGHT ACRES P.B. 21, PAGE 58 S 89°10'44" E PARCEL 115 LOT 1 EXISTING 25' ROAD & DRAINAGE EASEMEN~ S 89°06'52" E Perpetual, Non-ExClusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment DESCRIPTION: 'tWENTY FIVE (25') FOOT EASEMENT THE WEST (25') FEET OF THE EAST 50 FEET OF ALBRIGHT ACRES, AS RECORDED IN PLAT BOOK 21, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ' CONTAINING 4,218 SQUARE FEE-~' OR .010 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. -- TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOTTO SCALE MAY22, 2000 CBR 115 SHEET 1 OF 1