Mitrovich Utility EasementTO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Joan M. Smith, Property Acquisition & Construction
Facilities Management Department
November 22, 2002
Golden Gate Wellfield Reliability Improvement Project
Parcel No. 915-Mr. Bernard Mitrovich
Folio No.: 37118600006
Please find attached one (1) original 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-21, dated November 5, 2002.
Please contact me if you have any questions or comments at 774-8719.
Thank you.
attachments as stated
CC:
Karl Boyer, Public Utility Engineering Dept. w/Utility Easement & Agreement
Tax Appraiser w/Utility Easement only
Inventory File w/Utility Easement & Agreement
Office of the Real Property Management Department
PROJECT: Golden Gate Area Wellfield Expansion
PARCEL: 915/Bernard Mitrovich (Well 15)
FOLIO: 37118600006
Prepared b~:
Ella, T, Chadwe11, Esquire
Offtce of t~ Cou~t~
3~1 East T~iamt Trail
Nople~, Florida 34112
(~)
3080813 OR: 3156 PG: 0654
RECORDED in O~FICIAL RECORDS of COLLIER COUN?¥,
11/18/2002 at 02:59PM DWIGHT E. BROCK, CLERK
CONS
REC FEE 19,5D
DOC-,70 21,00
COPIES 4,00
Retn:
REAL PROPERTY
UTILITY EASEMENT
THIS EASEMENT, made and entered into this__i;~~ day of C~¢/-~-'~ , 200 Z , by
BERNARD MITROVICH and JUDITH MITROVlCH, 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 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, excavate, and place or remove materials including, but not limited to, sewer
lines and pipes, service and pump stations, and other equipment or improvements appurtenant
thereto or thereunder 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.
, alN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
r~ year first ~ove written.
First Wit/~esC'(Sig~a~+J re)
Name:
B~"~i~ R D/MT'¢ F~O9 iCH
...--~(Print or Type)
Sec"6'o'o~d W'itnes-'s (§i~ln~t~e~-
Nan/f~: ~ )'),1, ~ ,' '7-h~
(Print or type)
720 1st Street, Northwest
Naples, Florida 34120-2005
OR: 3156 PG: 0655
~ IPrin~, or Type.)_
SecOnd ~ss (,SJzg natu ~
Na~p4e: ',.) .-'~,.__~--~ ~'-~ ~
(Print or type)
O6 'H MITROVLI~H
720 1ST Street, Northwest
Naples, Florida 34120-2005
STATE OF ~/. ~,,~z ~ o 4
COUNTY OF C,.~ //,'e/-z
The foregoing UTILITY EASEMENT was acknowledged before me this __
of ..~.,' e-'~--~,~. 200 ,Z
known to me or who has produced
identification,
(Affix notarial seal)
~'
day
by BERNARD MITROVICH, who is personally
Fz- ~z~),~C,, ~,~' [type of identification] as
(Signatu[~ of Notary Public)
(Print Na~e of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
STATE OF
COUNTYOF C~ /?¢~,z
The foregoing UTILITY EASEMENT was acknowledged before me this __
of .7~/C'--~-(-' ~';z~,.//_. , 200 ,z
to me or who has produced
identification.
(affix notarial seal)
day
__ by JUDITH. MITROVICH, who is personally known
~/_ D~.~;~,Fs /_~o;.~.~ [type of identification] as
(Sign"ature~'f Notary Public)
(Print Narr~ of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
E11r:n T. Chl~lm~ll
'.'~;rS CONVEYANCE ACCEPTED BY THE
OARD OF COUNTy COM#I$SIONER$,
- '~R C~NTY,
FL~[DA,
JRSUANT TO
.ATED, ~ I~M ~. ~
COASTAL
ENGINEERING
CONSULTANTS
INC
A CECI GROUP COMPANY
EXHIBIT
Page t ~, ~.~
OR: 3156
PG: 0656 "~
Civil En-gi~eering
Survey & Mapping
Coastal Engineering
Real Estate Appraisal
Environmental Assessment
Website: www.coastalengineering.com
WELLFIELD 15,
PROPOSED UTILITY EASEMENT
DESCRIPTION
THE SOUTH 15 FEET OF THE WEST 15 FEET OF THE EAST 65 FEET OF TRACT 130, GOLDEN GATE
ESTATES, UNIT 11, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 103 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
COA/ST~ ENGINEERING CONSULTANTS, INC.
FL A USINES RIZATION NO. LB 2464
RICHARD J. EWINC~', V.p.~- --~
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID Wh~OUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 00.346
DATE OF SIGNATURE: '~.
CONVEYANCE ACCEPTED BY THE
OF COUNTy COMMISSIONERS,
:-~LL~2 COUNTY, FLORIDA,
'ZtRSUANT TO AGENDA,
3i06 S. Horseshoe Drive, Naples, Florida 34104 · Phone (9411 643-2324 Fax (9411 643-1143 · E Mail: engcollier@cecifl.com
*** OR: 3156 PG: 0657 ***
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PROJECT: Golden Gate Area Wellfield EXpansion
PARCEL: 915/Bernard Mitrovich (Well 15)
FOLIO: 37118600006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this ~ day of 27~ , 200 c~.Z~,by and between
BERNARD MITROVlCH and JUDITH MITROVlCH, HUSBAND and WIFE, (hereinafter
referred to as "Owner"), whose mailing address is 720 1s'r Street, Northwest, Naples,
Florida, 34120-2005, 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 East, Naples, Florida 34112;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement, license,
and privilege for utility 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 Properly 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
Properly;
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 $ 3,000.00, 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.
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.
o
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
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO AGENDA,
DATED: ~ ITEM NO. [~' ~'
Easement Agreement Page 2
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 Properly 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 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.
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. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
'~';t$ CONVEYANCE ACCEPTED BY THE
~',~ARD OF COUNTY COMMISSIONERS,
COLLIE2 COUNTY, FLORIDA,
'~URSUANT TO AGENDA,
bATED: ~ ITEM NO. /G ,~-,-.T,./
Easement Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~ day of "~ ~ ,200,,t.,, .
I
Date Property acquisition approved by BCC:
AS TO PURCHASER:
Attest as to Chlfriml's
s tgnatm~ on]s,
AS TO OWNER:
tness ,~nat_l~e)r,' .
Name:
('~_ (Prlnt °r_ Type)
W/~ess (Signature)
N~me: ~--'1.. m.
/) (Print o/)Typ,e)
~[tness,(S~atu~e)r.
Name:
/~ (Print or Type)
Wit~ss~. i.[Inat~4re) ..~
NaCe: .--J. Nt. "~-~ i I vt..,
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
BY:j~
S N. COLETTA, CHAIRMAN
BEF~r~ARD MITRb~;~-- -
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY CONNISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO AGENDA,
OATED: TE. "O.
COASTAL
ENGINEERING
CONSULTANTS
INC
A CECI GROUP COMPANY
EXHIBIT
Page
CECI Group Services
Civil Engineering
Survey & Mapping
Coastar Engineering
Real Estate Appraisal
Environmental Assessment
Website: www.coastalengineering.¢om
WELLFIELD 15
PROPOSED UTILITY EASEMENT
DESCRIPTION
THE SOUTH 15 FEET OF THE WEST 15 FEET OF THE EAST 65 FEET OF TRACT 130, GOLDEN GATE
ESTATES, UNIT 11, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 103 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 225 SQUARE FEET OF LAND.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
CO~a~ST~ ENGINEERING CONSULTANTS, INC.
RICHARD J. EWINC~, V.P.~ ~
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID Wh~rlOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 00.346
DATE OF SIGNATURE: '~. ~. - °2.-
'~; CONVEYANCE ACCEPTED BY THE
- ?0 OF COUNTY COIqMISSIONERS,
~;.~,'L'~ COUNTY, FLORIDA,
,'~JANT TO AGENDA,
3106 S. Horseshoe Drive, Naples, Florida 34104 · Phone (941) 643-2324 Fax (941) 643~1143 · E-Mail: engcollier@cecifl,com
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