Parcel 314BTO:
FROM:
DATE:
MEMORANDUM
Ellie Hoffman, Senior Clerk
Clerk of Courts/Minutes & Records Management
Ernie W. Kerskie, Senior Property Acquisition Specialist
TECM/Right of Way
March 14, 2002
Golden Gate Boulevard
Easements & Agreement
Please find attached one (1) original recorded Easement for the above referenced
project and one (1) original Easement Agreement.
The Board of County Commissioners of Collier County, Florida approved the
recordation and acceptance of same on June 22, 1999, Item 8(B)(7). Resolution 99-290
Please find attached one (1) original recorded Easement for the above referenced
project. The Board of County Commissioners of Collier County, Florida approved the
recordation and acceptance of same on April 10, 2001, Item 16(B)4.
Please contact me if you have any questions or comments at 213-5846.
Thank you.
attachments as stated
cc: Inventory File w/attachment
PROJECT: Golden Gate Boulevard (Project #63041)
PARCEL NO: 314B / ORDONEZ
FOLIO NO.: 37163760001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between JULIO F. ORDONEZ AND DINA J. ORDONEZ,
Husband and Wife, (hereinafter referred to as "Owner"), whose mailing address is 2200
45th Terrace SW, Naples, FL 34116-6359 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
drainage, sidewalk, 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 $900.00 (Nine
Hundred Dollars), 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.
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 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 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
Easement Agreement Page 2
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). The cost
of a title commitment shall be paid by Purchaser.
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. 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.
10. 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.)
11. County agrees to provide a curb cut on the Owner's property that will allow for a
proposed future driveway that will be built by the Owner. The County will
construct a curb cut, and install a culvert pipe and concrete apron at no cost to the
Owner.
12. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
IN WITNESS ~/HEREOF, the parties hereto have executed this Agreement on
this ~. day of C~0_ _L~C ,2000.
Date Property acquisition approved by BCG: 61221gg, Item 8(B)7, Resolution gg-2g0
AS TO PURCHASER:
ATTEST:
DWIGHT E. BROCK, Clerk
' ) Deputy Clerk
Attest is to Cha~rmfl'~
signature on15.
AS TO OWNER:
DATED: '7 - Z ~ - ~.ooO
Witness (Signature)
Name: F__r ,~,~- ~. ~--~.k;,,-
(Print or Type)
Witness (Signature) ~
Name:-¥'~,~',,, Rq;~_ ~
~ (Print o[ y~).
Witness (Signature)
Name: ~n,s~ ~' ~'~
Witnes~at~e),/
Name~ ~ ~u',Z
(Print or Type)
BOARD OF COU~[~~MISSIONERS
COLLI ER~,~ID N. TY, FLORIDA
TIM~:iY J. CO~;/I'ANTI~JE, Chairman
DINA J. ORDONEZ
Approved as to form and
legal sufficiency:
R&be~ N/'Z"a~ary
Assistant County Attorney
Reviewed ~ A,of)mved I~,
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-~192
SKETCH OF DESCRIPTION
PROJECT NO. 63041
(NOT A SURVEY) PROJECT PARCEL NO. 314B
EXHIBIT
(lOO' R.O.W.)
GOLDEN GATE BOULEVARD
F NORIH PROPERI'~ MNE
L EXIS'I'. 50' R~.,, EASEMENT
· -~_ ...... ~--'-- EXISTING RIGHT OF WAY LINE
SIDEWALK, UTILITY,
& MAINTENANCE
EASEMENT
EAST ONE HALF
TRACq 5O
I
WEST PROPERTY LIN~
"'=----- EAST PROPERTY LINE
i
165' 165'
L330' SOUTH PROPERTY LINE
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST ONE
HALF OF TRACT 50, GOLDEN GATE ESTATES UNIT NO. 12, AS
RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
DRAWN BY CHECKED BY SCALE DATE FILE NO.
I"= 100' JULY20, 1998 GGB314B SHEET 1 OF I
PROJECT:
PARCEL:
FOLIO:
63041/Golden Gate Blvd.
314B/ORDONEZ
37163760001
EASEMENT
2684871 OR: 2717 PG: 3100
09/05/2000 at 12:12P~ D~IG~T ~, BROCK, CLBRK
Retn:
REAL PROPERTY
BIT 8991
COMBS
15,00
3.00
THIS EASEMENT, made and entered into this .~1.- day of ::3'~J I,.- ¥ ,2000,
by JULIO F. ORDONEZ AND DINA J. ORDONEZ, Husband and Wife, whose mailing
address is 2200 45t' Terrace SW, Naples, FL 34116-6359, 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 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 VACANT LAND AND NOT THE HOMESTEAD PROPERTY OF THE
GRANTOR
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, remove all landscaping, trees, shrubs, improvements
or fixtures located thereon and take materials for the purpose of constructing, operating
and maintaining drainage, sidewalk 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.
Witness (Signature)
Name: 6,~e~f ~0.
(Print or Type)
Witness (Signature)
Name: I ,~,.;,, ~"~, ?
(Print or Type)
JU IO
Address: 2200 45th Terrace SW
Naples, FL 34116-6359
This property has been acquired under
threat of condemnation and is exempt from
documentary stamp tax
THIS CONVEYANCE ACCEPTED BY THE~
BOARD OF COUNTY COMMISSIONERS,
COl tiER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO.
OR: 2717 PG: 3101
Page 2
Witness (Signature)
Name: V_. ,- ~-~'_~'~-
(Print or Type)
Witn ess (__(~ natu r,:r~),
Name:' ~;~, [-~,~',z
(Print or Type)
DINA J. ORDONEZ
Address: 2200 45th Terrace SW
Naples, FL 34116-6359
STATE OF F'L.o~'D A-
COUNTY OF Co ~..%.~ ~
The foregoing Easement was acknowledg~ this ~.~,~- day of
t,..~ ,2000, by JULIO F. ORDONEZ, ~9 is personally known ~or who
has produced
(affix notarial seal)
as identification.
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
STATE OF
COUNTY OF
The foregoing Easement was acknowledged before me this ~_.~L_ day of
~L' L..'( ,2000, by DINA J. ORDONEZ, who :,s ~u,~unui~-~nown to ,~,u-or who
has produced Fc -p¢,,Je.C~ ~;2- as identification.
(affix notarial seal)
z,~Y?~,. Ernest W. Kerskie
~ F-xp#m June21,2002
ATtic 8ONDI~G ~,, INC.
Prepared by:.
Robert N. Zachary, Esqulr®
Office of the County Attorney
3301 East Tamlami Trail
Naples, Florida 34112
(941) 774-8400
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMi TRAIL NAPLES, FLORIDA 34112
(941) 774-B192
SKETCH OF DESCRIPTION
P.OUECT ~o.
(NOT A SURVEY) PROJECT PARCEL NO. 314B
EXHIBIT ~ .....
page I of I
(100' R.O.W.)
GOLDEN GATE BOULEVARD NORTH PROPERTY LINE
~Q'
L EXIST. 50'R\,V EASEMENT---~. j - EXISTING RIGHT OF WAY LINE
81DEWALK, UTILITY,
& MAINTENANCE
EASEMENT
i EAST ONE HALF
, TRACT 50 I"~'~--"~ ....... I
I
o ~o ~o 2oo
I
TRAC1 50
WEST PROPERTY
~ EAST PROPERTY LINE
165' 165'
L330' SOUTH PROPERTY LINE
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST ONE
HALF OF TRACT 50, GOLDEN GATE ESTATES UNIT NO. 12, AS
RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
DRAWN BY CHECKED BY SCALE DATE FILE NO.
1"= 100' JULY 20, 1998 GGB314B SHEET 1 OF 1
PROJECT:
PARCEL:
FOLIO:
63041/Golden Gate Blvd.
314B/ORDONEZ
37163760001
EASEMENT
2782 92 OR-';' 2811 PG: 0'337
~CO~O in O~tClAL ~CO~S of COLLIER COUNTY, FL
04/20/2001 at ll:37AH D~I~ B. BROCK, CLBRK
~Jc FB! 15.00
DOC-,?0 .70
COPIEs 3.00
Retn:
RBAL PROPSR?!
I#TIR O~FIC]
THIS EASEMENT, made and entered into this__ (¢1¢t day of Vv~,~r~/:,~ ,2001,
by JULIO F. ORDONEZ AND DINA ,J. ORDONEZ, Husband and Wife, whose mailing
address is 2200 45th Terrace SW, Naples, FL 34116-6359, 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 road right-of-way
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 VACANT LAND AND NOT THE HOMESTEAD PROPERTY OF THE
GRANTOR
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, remove all landscaping, trees, shrubs, improvements
or fixtures located thereon and take materials for the purpose of constructing, operating
and maintaining road right-of-way 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.
Wit n~"~n a't~u re)`
Name: ~__'~ .~.t
_ ~,~,,~. (Print or T~¥)e)
WitnesslSignature),
Name:
(Print or Type)
Ad~W
Naples, FL 34116-6359
OR: 2811 PG: 0338
Page 2
Witr~§s ~'Si-i-~atd r'e)
Name\ ~r-
(~rir~t or Type)
Witness (Signature)~
Name:
(Print or Type)
DINA J. ORDONEZ
Address: 2200 45th Terrace SW
Naples, FL 34116-6359
STATE OF
COUNTY OF
The foregoing Easement was acknowledged before me this i('t¥¢r day of
w~ ¢1¢~c ~+ ,2001, by JULIO F. ORDONEZ, who is personally know~n to me or who
has produced
(affix notarial seal)
(Signature of Notary Public)
~,,¢~'~.. Ernest W. Kersk~e
¢;~ ~,r, omm~ # CC 753115
~¢~L~ Expires June21, 2002
7~ BONDED mRU
~r ~ ATLA~IC BONDING ~,, INC
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
STATE OF
COUNTY OF
The foregoing Easement was acknowledged before me this ~.,"t'N day of
t'vJ~¢{ ,2001, by DINA J. ORDONEZ, who is personally kno__wn to me or who
has produced /J /~ as identification.
(affix notarial seal)
(Signature of Notary Public)
Ernest W. Kerskie
CalwnisslOll ~ CC 753115
Exl)ims June 21, 2002
BONDED THRU
ATLANTIC BONDING CO,, INC
Robert N. squire
Office of the County Attorney
3301 East Tamlami Trail
Naples, Florida 34112
(94!) 774-8400
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
OR: 2811 PG: 0339 ***
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(g41 ) 774-111 g2
SKETCH OF DESCRIPTION
~o~c~ ~o.
EXHIBIT /~ (NOT A SURVEY) PROJECT PARCEL NO. 314B
Page_ I _ o~
(mo' ~.o.w.)
GOLDEN GATE BOULEVARD
NORTH
PROPERTY LINE
;33 )' t
L
EXIST. 50' R\~ I EASEMENT
.- ~ ~___~--- EXISTING RIGHT OF WAY LINE
I EASEMENT - !
! ,
EAST ONE HALF
TRACT 50 ; ~=~='~' - ~1 I
0 50 100 200
TRAC'I 50
WES]' PROPERTY LINE---e-
-'''-'-- EAST PROPERTY' LINE
... 165' 105'
La3o.
SOUTH PROPERTY LINE
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST ONE
HALF OF TRACT 50, GOLDEN (3ATE ESTATES UNIT NO. 12, AS
RECORDED IN PLAT BOOK 4, PA(]E 105, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
DRAWN By cHEcKED DY SCALE DATE FILE NO.
1"= lOC' JULY 20, Igge GOB314B SHEET 1 OF 1