Unit 15, Tract 114/KarnisTO:
FROM:
DATE:
RE:'
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb
Sr. Properly Acquisition Specialist
Real Property Management Department
October 8, 2002
Tamiami Wellfield Project - Folio #: 37347920007
(Golden Gate Estates, Unit 15, Tract 114)
Please find attached one (1) oriqinal recorded Utility Easement, and one (1) oriqinal
Easement Agreement for the above referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
pursuant to Agenda Item 16 C (7), dated September 10, 2002.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
cc: Tax Appraiser's Office w/Utility Easement only
Inventory File w/attachments
Office of the Real Property Management Department
PROJECT:
FOLIO NO.:
Tamiami Wellfield - Karn~'s
37347920007
Pre~ar~
Ellen T. Chadwell, Es~tre
ffice of the Count)
tO1 East Tamiamt Trail
~tes, Florida 34X12
',~t) 774-8400
3048494 OR: 3113 PG: 2449
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
09/19/7002 at 12:39PM DWIGHT E, BROCK, CLERK
CONS 12500.00
REC PEB 1§.00
DOC-.TD 87.50
C0PIE8 3.00
Retn:
PROPERTY ACQUISTION
EXT 899I
INTER OFPICE
UTILITY EASEMENT
THIS EASEMENT, made and entered into this /-~ day of
2002, by ARTHUR F. KARNIS AND DOROTHY M. KARNIS, husband and wife,
as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS
EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, 3301 East Tamiami Trail, 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 or
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, its
successors and assigns, a perpetual, non-exclusive easement, license, and privilege for
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 PROPERTY IS NOT HOMESTEAD.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials including, but not limited
to, water lines and pipes, service, and other equipment or improvements appurtenant
thereto for the purpose of constructing, operating, and maintaining 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 e)~ecuted
the date and year first above written.
Witness (Sig~'~tu~/) ARTHUR F. KARNIS
Name:/J,,¢- ~:'o-,, ,~ ~
(Print or Type)
9Vitnes.s (Signa, ture)
Name: .~,~¢rllA¢
(Print or Type)
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORZDA,
PURSUANT TO AGENDA,
OR: 3113 PG: 2450
Witness (Sig¢~ttu r6¢}'
Name:,4,,~-- &:"~w~.,~¢'~ z
(Print or Type)
Witnes.s (Signature) ,
Name: ~:fkcrh~¢ 6~1~o
(Print or Type)
DOROTHY M. ~ARNIS
STATE OF
COUNTY OF ~_-.~
Utility Easement was acknowled eg_e_C_d before me this /___ day of
~t.~_o_regoi ng
, 2002 by Arthur F. Karnis, ~v. bQ.j~_pers~)-~'~l~ ~or
who hA~ produced as identification.
(affix notarial seal)
,"-~'"~'"'"" RITA Id. PARKS
II~:~'.Y EXPIRES: ^ugust 27, 2004
~.[ ..~,,~;,~,o~ Bonded Thru Notary Public Undelwdter~
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission Cf: L?.C
My Commission Expires:
STATE OF ~ ~ e e~, ,~ Ik,
COUNTY OF ~e \\~ ~,P-.
t,, , __The.foregoing Utility Easement was acknowledg, gd before me this 1..3-t-~ day of
w~"uu~'L'"~oho h(a~ Pr duced ,2002 by Dorothy isM' identification.Karnis' (~ho is personally knoWn to-lo-"~ or
(affix notarial seal)
~Notary p~~-
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission Cf: ~c_. ~'43 / '7 o ~,
My Commission Expires: 2//,~ ~,/o ¢
~pr/~ed .as to fo~l~ ~Jegal sufffcfe~cy
Assistant Count~ Attorney
Ellen T, Chadwell
OR: 3113 PG: 2451 ***
POINT OF COMMENCEMENT
NORTHWEST CORNER OF LOT 113
DESCRIPTION QF PART OF TRACT 114 GOLDEN GATE ESTAT[~,
UNIT NO, 15. PLAT BOOK 7, PAGES 72-76, COLLIER
COUNTY. FLORIDA (UTILITY EASEMENT)
ALL THAT PART OF TRACT 114 GOLDEN GATE ESTATES UNIT
NO. 15, PLAT BOOK 7, PAGES 75-76, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT
114;
THENCE SOUTH 89'43'40" EAST 59.29 FEET TO THE POINT
OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED;
THENCE SOUTH 00'21'10" WEST -304.92 FEET TO A POINT ON
THE NORTH LINE OF THOSE LANDS DESCRIBE DIN O.R. BOOK
2825, PAGE 694;
THENCE ALONG SAID LINE SOUTH 89'40'50" EAST 15. O0
FEET TO A POINT ON THE WESTERLY LINE OF A 140'
DRAINAGE EASEMENT;
THENCE ALONG SAID LINE NORTH O0'21'10" EAST .304.93
FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 114;
THENCE ALONG SAID LINE NORTH 89'4.3'40" WEST 15.00
FEET TO THE POINT OF BEGINNING OF THE EASEMENT
HEREIN DESCRIBED.
PARCEL CONTAINS 4574 SQUARE FEET MORE OR LESS.
GENERAL NOT[g_.
DIMENSIONS ARE IN FEET AND DECIMALS
T~IEREOF.
2. BEARINGS ARE BASED ON THE WEST LINE OF
TRACT 114, GOLDEN GATE ESTATES UNIT NO. 15,
BEING NORTH 00'19'10" EAST.
.3.~]= PARCEL DESCRIBED ~ UTILITY EASEMENT
4. O.R. = OFFICIAL RECORD
5. PORTION OF SECTION 13, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA
0 t $ 30 6O
GRAPHIC SCALE
~20
CERTIFICATE OF AUTHORIZATION #LB43
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MA )ER.
NOT REVIEWED_ ,
ANDREW B. DECK. PSM 6065 DATE
*** NOT A BOUNDARY SURVEY ***
"" .?.89'43'40"F. 214,29'
_POINT OF / ~///~ ~15.00' I
!~5~! ~ ARTHUR AND
DOROTHY KARNIS
O.R. BOOK 2457,
PAGE 2994
140' WIDE DRAINAGE EASEMENT
GOLDEN GATE ESTATES
UNIT NO. 15
PLAT BOOK 7, PAGES 75-76
N. 89'40 '50
15.00'
UTILITY
EASEMENT
25.
Z$. 94'
I
I
I
140.0'
L~J
RICHARD QUICK
O.R. BOOK 2825,
PAGE 694
-- -- 130.00'_ -- _ ~
WHITE BOULEVARD
(60' RIGHT-OF-WAY) 60.0'
10' WIDE UTI
EASEMENT PER O.R.
BOOK 984 PACES
TRACT 116
Mar 18. 2002 - 08:52:08 8STOCKHAlX:~$UR~N8232\igg_25~dw9
Wils nMillmr
---- ----' --.-mm, mmmm~m WATERLINE E ------
J c oss m cT,
.............. ' ~z3Z-UO2-Oll-GCSO0 1 or I 1GG-258
PROJECT: Tamiami Wellfield - Karnis
FOLIO NO.: 37347920007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this ,;~ day of /~L*d',-% /~ , 2002, by and between
ARTHUR F. KARNIS AND DOROTHY M. KARNIS, husband and wife, (hereinafter
referred to as "Owner"), whose mailing address is 160 C.R. 951 3045 Canoe Pt.,
Naples, FL 34119, and BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS
EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as
"Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for utility
and maintenance purposes over, under, upon and across the lands described in Exhibit
"A" (hereinafter referred to as the "Easement"), which is attached hereto and made a
part of this Agreement;
WHEREAS, Owner desires to convey the Easement 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
Easement;
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 Easement to Purchaser for the sum of $12,500.00,
payable by County Warrant (said transaction hereinafter referred to as the
"Closing"). Said payment shall be full compensation for the Easement conveyed,
including any lease, and/or rental fees for the prior use of the Easement lands,
and 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 Easement to Purchaser.
Owner agrees to release, save and hold Purchaser harmless of any claims,
liabilities, costs and damages and the like whether foreseen or unforeseen arising
out of or related in any way to Purchaser's installation, construction, use or
maintenance of utility structures, where such activities occurred prior to the date
of Closing of this transaction on, under, or in Owner's land identified by folio #
37347920007.
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Easement, the execution of such
instruments which will remove, release or subordinate such encumbrances from
the Easement 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 Easement.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
Easement Agreement Page 2
10.
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 underlying the Easement, and all uses of the
said 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 underlying the Easement
except as specifically disclosed to the Purchaser; that the Owner has no
knowledge of any spill or environmental law violation on the property contiguous to
or in the vicinity of the Easement 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 underlying the Easement; b) any existing or threatened environmental
lien against the property underlying the Easement; or c) any lawsuit, proceeding
or investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the property underlying the Easement. 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 securing and recording a Subordination, Consent & Joinder of Easement of
the mortgage(s) recorded against the property underlying the Easement 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 Easement 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 underlying the Easement 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 underlying the
Easement before the Easement 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
Easement Agreement Page 3
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this/~,~c day of _S~L/'~.~ , 2002.
Date Easement acquisition approved by BCC:
AS.TQ PURCHASER:
; ~ ATT ES't'I,~
;~ "'~ DWlGH~ E~ROCK, Clerk
"' :7 , ,?'- :"
/~[' ' De~u~ Clerk
AS TO OWNER:
DATED:. ~//-~
Witness (Sigr~a~ure~
Name:.~-,¢
(Print or Type)
Witness (Signature)
Name:,~'` _~-(~t~t~¢
(Print or Type)
Witness (SignaJ~e)
Name:,4~-,~
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAfVi~ N-7~CO[.b' ( I A, Claim-man
ARTHUR F K,~IS- /
DOROTH'¢ M. KAR'NIS'
Approved as to form and
leg~ sufficiency: /
Ellen T. Chadwell
Assistant County Attorney
EXHIBIT
POINT OF COMMENCEMENT
NORTHWEST CORNER OF LOT 11
S. 89'45'40"E. 214.29'
, 23 73/'Tp,Z~JO o '?
DESCRIPTION OF PART OF TRACT 114 GOLDEN GATE
UNIT NO. 15. PLAT BOOK 7, PAGES 7,5-76, COLLIER
COUNTY, FLORIDA ('UTILITY EASEMENT)
ALL THAT PART OF TRACT 114 GOLDEN GATE ESTAT
NO. 15, PLAT BOOK 7, PAGES 75-76, COLLIER COl
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID
114;
THENCE SOUTH 89'4.3'40" EAST 59.29 FEET TO THE
OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED
THENCE SOUTH 00'21'10" WEST ..304.92 FEET TO A
THE NORTH LINE OF THOSE LANDS DESCRIBE DIN O.R
2825, PAGE 694;
THENCE ALONG SAID LINE SOUTH 89'40'50" EAST
FEET TO A POINT ON THE WESTERLY LINE OF A 140'
DRAINAGE EASEMENT;
THENCE ALONG SAID LINE NORTH 00'21'10" EAST .304
FEET TO A POINT ON THE NORTH LINE OF SAID TRA~
THENCE ALONG SAID LINE NORTH 89'4.3'40" WEST
FEET TO THE POINT OF BEGINNING OF THE EASEMEN
HEREIN DESCRIBED.
PARCEL CONTAINS 4574 SQUARE FEET MORE OR LESS.
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS
THEREOF.
2. BEARINGS ARE BASED ON THE WEST LINE OF
TRACT 114, GOLDEN GATE ESTATES UNIT NO. 15,
BEING NORTH 00'19'10" EAST.
.3.~= PARCEL DESCRIBED ~ UTILITY EASEMENT
4. O.R. = OFFICIAL RECORD
5. PORTION OF SECTION 1.3, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA
0 1.5 30 60
GRAPHIC SCALE
120
....... i CU~:m': ~'~TLE: SKETcHCOLLIER COUNTY GOVERNMENT ~ WATERI DISTRIBUTIONi
~
WATERLINE EASEMENT DESCRIBED HEREON ACROSS TRACT 114
---r=nm'~-~. _t~,~.~_--.v__.cmm~. GOLDEN75_76 GATE ESTATES UNIT NO. 15, PLAT BOOK 7, PAGES
OATH[: PROJECT NO,; I SHEET NUUBER: I FILE NO,:
~o~L~ ~n 5-14-02 N8232-O02-011-GCSO0 1 OF 1 1CG-25B
Mot 18. 2002 - 08:52:08 BSIOCKHA~X:\SUR~N8252~l(jg-251dwg
CERTIFICATE OF AUTHORIZATION #LB45
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAr ~ER.
NOT REVIEWED_
ANDREW B. BECK, PSM 6065 DATE
*** NOT A BOUNDARY SURVEY ***
I00'
3 POINT OF' / 115.00'
ESTATES
rES UNIT / J ~ ~:
~; !/ ~: ~ ARTHUR AND
)OINT ON
R. BOOK ~~ / ~ DOROTHY KARNIS
LOO //-- PAGE 2994-
" ~ J 140' WIDE ORANAGE EASEMENT
~4.9`3 /// J GOLDEN GATE ESTATES
~ J PLAT BOOK 7, PAGES 75-76
15.00
LdOQ_
I
~ RICHARD QUICK
0.R. BOOK 2825,
~ PAGE 694
~ ~ ~.~j ~ ~ _ _ ,30.00' _ _
(60' RIGHT-OF-WAY) 60.0'
~ ~CENTERLIN~ ~
~ 10' WIDE UT/LI~
BOOK ~8~ PAGES