Parcel 176MEMORANDUM
To:
From:
Date:
Subject:
Sue Filson, Administrative Assistant
Board of County Commissioners
Robert Texter ~'~
Real Property Specialist I
Real Property Management Department
October 6, 1999
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcel: 176/Simmons
Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S.
Mac'Kie concerning the above transaction. Please be advised that Robert 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, purchase or condemnation in Resolution 99-284, Item 8(B)(6), dated June 22, 1999.
Pursuant to the previous 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
instruments which have been approved by the Office of the County Attorney.
Once the Agreements have been executed, please forward same to Ellie Hoffman, Records
Technician I11, 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.
Attachment as stated
PROJECT: Golden Gate Boulevard
PARCEL NO: 176
FOLIO: 36817920004
EASEMENT AGREEMENT
THiS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between ROGERS C. SIMMONS (hereinafter referred to
as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns (hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires two (2) perpetual, non-exclusive easements for
the purposes described on Exhibit "A" (said easements hereinafter referred to as the
"Property", which is attached hereto and made a part of this Agreement) which may
include road right-of-way, drainage, sidewalk, utility and maintenance purposes over,
under, upon and across the lands described in Exhibit "A", 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:
1. Owner shall convey the Property to Purchaser for the sum of $2100.00, payable
by County Warrant (said transaction hereinafter referred to 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 Purchaser shall have the right to
install said drop curbing where Purchaser deems appropriate.
2. 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.
3. 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.
Easement Agreement Page 2
4. 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.
5. 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
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 secudng and recording a Subordination, Consent & Joinder of Easement
of the mortgage(s) recorded against the Property from the mortgagee(s).
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. If the Owner holds the Property in the form of a partnership, limited padnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a writlen 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 Properly 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.)
10. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the wdtten
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 Paws of the
State of Florida.
Easement Agreement
Page 3
Date Property acqOfsltion approved by BCC: ' .
Date Property condemnation approved by BCC: ' .
AS TO PURCHASER:
DATED:~
:,' ATTEST: .~.
· DWIGHT E~BROCK, Clerk
, ' ....... " . Deputy Clerk
"'"Attest as ~o
Approved as to form and
legal sufficiency:
Assistant County Attorney
BOARD OF COU~,]~CC~41SSIONERS
COLL' ER C~::]NT, F. LORIOA
r,m,m~.~n...~ O. hl/"*~.~'lr'~ [..,rlalrwoman
ROGERS C. SIMMONS
917 Shirley Street
Winthrop, MA 02152
OFFICE OF CAPITAL P,,OJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
PROJECT NO. 63041
(NOT A SURVEY) PROJECT P~CELNO
EXHIBIT
WEST PRO~ER fY LflE--~
('ID(TROW,)
(]OLDEN DATE BOULEVARD
L EXIST. 50' R,W EASEMENT----~.
: DRAINAGE. SIDEWALK. UTILITY,
[& MAINTEN~CE E~SEMENT J
25 FOOT DRAINAGE,
$10EWALK. UTILI'P(,
& MAINTENANCE
EASEMENT
TRACT 113
L330'
~CX. JTH f)RC)P[R f"Y I.I~E
NORTH PROP~RI'Y
EXISTING RIGHT OF WAY LINE
DESCRIPTION:
ROAD RIGHT OF WAY. DRAINAGE, SIDEWALK.UTILITY &
MAINTENANCE EASEMENT: THE SOUTH 25 FEET OF THE
NORTH 75 FEET OF THE WEST 180 FEET OF TRACT 113.
LESS THE WEST 30 FEET THEREOF GOLDEN GATE ESTATES
UNIT NO. 5, AS RECORDED IN PLAT BOOK 4, PAGE 91 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIOA.
TOGETHER WITH:
DRAINAGE, SIDEWALK,UTILITY. & MAINTENANCE EASEMENT:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF EAST 150
FEET OF TRACT 113 GOLDEN GATE ESTATES. UNIT NO. 5. AS
RECORDED IN PLAT BOOK 4, PAGE 91. OF ]'HE PUBLIC
RECOROS OF COLLIER COUNTY. FLORIDA.
1' - 100' I JULY 10. 1990
GGB176
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PROJECT: Golden Gate Boulevard
PARCEL: 176
FOLIO: 36817920004
2544091 OR: 2601 PG: 3209
RECORDBD in OFFICIAL ltlCOltDS of COLLIER COUNTY, FL
10/14/1999 at 02:34PN DWIGHT E. BROCK, CLRRK
CONS 2100.00
R~C FEE 15.00
COPIES 3.00
Retn:
8991
IN?~ 0~IC!
EASEMENT
THIS EASEMENT, made and entered into this '~o'''~ day of ~'ep4e~n6e,~ , 19 5'~, by
ROGERS C. SIMMONS, whose mailing address is 917 Shirley Street, Winthrop, MA 02152, 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, two perpetual, non-exclusive easements, licenses, and
privileges for the purposes described on Exhibit "A" which may include road right-of-way, sidewalk,
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 NOT 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, sidewalk, drainage, utility and maintenance 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
y~a~_r~,first above 7itten.
~r{es~ ~,~v t: e) J( F~
Name:(5in~'gype) 5
(Print or Yype)
This property has been acquired under
threat of condemnation and is sxempt from
documentary stamp tax
ROGERS C. SIMMONS
917 Shirley Street
· Winthrop, MA 02152
THIS CONVEYANCE ACCEPTED BY THE
BO~.KP OF COUNTY COH~4T-SSTONERS,
Cji~ ', ,'o'~,1='' FLOPInA
OR: 2601 PG: 3210
was acknow/l~ged before ,p~e this ~ day of
)GERS C. S~VIMpNS, wino is p~r~onally know~ to me or who
id?ntific~tionf/ ~.,//. ~/~ --
(Sig~ of Nota. P~,ic) ,~
(~dnt ~ame of ~ota~ ~ublic) ~
NOTARY PUBLIC Notary Public
Serial/Commission ~: ~ Commission Expires December 20, 2002
My Commission Expires:
~- ~.. --t N Zachary, ·
0ff~ce o~ the c~nty Att~eY
3301 East Tamla~ Tra~
Na~es, Flor~a ~112
{~1) 77~~
OFFI ,E OF CAPITAL
3301 EAST TAMIAMI TRAIL
(941) 774-8192
NAPLES, FLORIDA 34112
SKETCH OF DESCRIPTION
(NOT A SURVEY)
PROJECT NO. 63041
PROJECT PARCEL NO. 176
EXHIBIT
(100' R.O.W,)
GOLDEN GATE BOULEVARD
L EXIST. 50' R\W EASEMENT~
NORTH PROPERTY LINE
EXISTING RIGHT OF WAY LINE
TRACT 113
25 FOOT DRAINAGE.
SIDEWALK, UTILITY,
& MAINTENANCE
EASEMENT
o ~o ~o ~oo
E,*,,ST PROPERTY LINE
330'
80UTH PROPERTY LINE
DESCRIPTION:
ROAD RIGHT OF WAY, DRAINAGE, SIDEWALK,UTILITY &
MAINTENANCE EASEMENT: THE SOUTH 25 FEET OF THE
NORTH 75 FEET OF THE WEST 180 FEET OF TRACT 113,
LESS THE WEST 30 FEET THEREOF GOLDEN GATE ESTATES
UNIT NO, 5, AS RECORDED IN PLAT BOOK 4, PAGE 91 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
TOGETHER WITH;
DRAINAGE, SIDEWALK,UTILITY, & MAINTENANCE EASEMENT:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF EAST 150
FEET OF TRACT 113 GOLDEN GATE ESTATES, UNIT NO, 5, AS
RECORDED IN PLAT BOOK 4, PAGE 91, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA,
DRAWN BY
ICHECKED BY [ SCALE
1"= 100'
DATE
JULY 16, 1998
IFILE NO.
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