Parcel 192PROJECT:
PARCEL:
FOLIO:
63041 Golden Gate Boulevard
192/Cabauy & Lopez
36961120006
EASEMENT
2534853 OR: 2594 PG: 2268
RBCORSID in OFFICIAL RBCORDS O[ COLLIIqt COOFFY,
00/23/I~9S at 03:14P# DWIGHT N, BROCK, CLBR[
CONS 1715.00
IBC ri! 15.00
INDIIIIG 2.00
DOC-.?O 12.60
COPIBS 3.00
ne~n:
BIT 8091
THIS EASEMENT, made and entered into this I~TJf day of ./t U%UiT ,
19~j~, by ZACHARY CABAUY and ARELY CABAUY, Husband and Wife, an
undivided 1/3 interest, HENRY CABAUY, an undivided 1/,1 interest, JOSUE LOPEZ
and PAtJLA JUSTA LOPEZ, Husband and Wife, an undivided 11,1 interest, whose
mailing address is 11061 SW 62 Terrace, Miami, FL 33173-1125 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.)
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 easement, license, and privilege for drainage, sidewalk, utility
and maintenance purposes on the following described lands located in Collier County,
Florida, to wit:
The South 25 feet of the North 75 feet of Tract 18, Golden Gate
Estates Unit No. 8, as recorded in Plat Book 4, Page 97, of the
Public Records of Collier County, Florida.
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 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.
Wi~ess (Signature) /. -
Name: //-~~ ~' ~/,~
~ ~ (Print or.Type), o ,
Witness (Sighature)
Name.l-T-~'-,~",4 //¢,,~,,-/~/_b ~
(Print or Type)
~,~_ ....~rint or Type)
Witness (Signa/ture)
Name:'7~,~.~
(Print or Type)
it~es~ (Signatur~ .
Name: ~~
Print or T~pe)
Witness (Signature)
Name: ~
or Type)
72tn~ (Signa~ ~0ff~ure~~
or Type)
Witness~nature)
Name: ~~
or Type)
or
~tn~s~i~nature)
Name: ~x~
(Print or Type)
OR: 2594 PG: 2269
AlS, ELY C~B;~'OY
J~SUE LOPEZ
STATE OF ,~',,o~-//_.%,~,
COUNTY OF ,,~ ~,.~,' _ ..b~..~ ¢
The foregoing Easement was acknowledged before me this /?/.Z.. day of
~-~AW.¢~' , 1999, by ZACHARY CABAUY who is personally known to me or who
has produced F'/.. ~.,z, ,~t.~ ,/.,¢.. as
: identification.
(Si~ature of Notary Public)/
(affix notarial seal)
~ ~ion No. CC18~62
~or~o My ~ion Expi~s 10/1~/99 ~
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
STATE OF
COUNTY
*** OR: 2594 PG: 2270
The foregoing Easement was acknowledged before me this /7~/'' day of
,,,/~ f-,:~ ~:r" . 199.9, by ARELY CABAUY who is personally known to me or who has
(affix notarial seal) ---~,~ ~/~___-~ ~"~/~
~ %;7~*-MY~ssi°nExpir=lO/l~/" ~i (Print Name of Notary Public)
~~;~: NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
STATE OF
COUNTY OF
/q,.~ The foregoing Easement was acknowledged before me this /7`/.'( day of
~,.:7' , 1999, by HIENRY CABAUY who is personally known to me or who has
produced t='/...~,,l~ V¢£ ~ ,/-~ ~. as identification.
(S(~ature of Notary puJ~c) /-
(affix notarial seal)
,,~ ~ ~ 'o No~ ~blic, S~ ofFI~A ~'
STATE OF
COUNTY Of ~d~'
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
The foregoing Easement was acknowledged before me this ! 7"" day of
/:}r'~'"/- , 1999, by JOSUE LOPEZ who is personally known to me or who has
produeed as identification.
(affix notarial seal)
STATE Of "'~'/~ ~ ,' d~.,
COUNTY OF
(S'g of Notary Public) ~'
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
The foregoing Easement was acknowledged before me this /~'~' day of
/:~'/)~us'"/' , 1999, by PAULA JUSTA LOPEZ who is personally known to moor who
has produced as identification.
(affix notarial seal)
?obert N.
Office of the County Attorney
~3~31 last Tamlaml Trail
Naples, Florida 34112
('~..~.T. 1) 774-8400
(Print Name of Notary Public) /
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
REAL PROPERTY MANAGEMENT
RECEIVED
MAR 2 5 1999
DEPARTMENT
~oard of County Comm~issioner$
TO:
FROM:
DATE:
RE:
SUE FILSON
ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
DEENA L QUlNN
SENIOR SPECIALIST
MARCH 24, 1999
GOLDEN GATE BOULEVARD IMPROVEMENT PROJECT: APPROVED ON
4/28/98, AGENDA ITEM #'I6B'I
ZACHARY CABAUY AND ARELY CABAUY, ET AL., PARCEL 192
Attached for execution, please find one (1) Easement Agreement between Collier County and
Zachary Cabauy ad/~'ely Cabauy, et al. Please note that pursuant to Resolution No. 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.
Please have the document executed by the Chairwoman of the Board of County
Commissioners. The document can then be forwarded to Ellie Hoffman, Records Technician
II1, Minutes & Records Management/Clerk of Courts, for attestation by the Clerk of Couds.
Ms. Hoffman will then cell me at extension 8991 for a copy of the document to be retrieved.
Thank you.
Attachment as stated
PROJECT: Golden Gate Boulevard
PARCEL NO: 192
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between ZACHARY CABAUY and ARELY CABAUY,
husband and wife, an undivided 113 Interest, HENRY CABAUY an undivided 113
Interest, JOSUE LOPEZ and PAULA JUSTA LOPEZ, husband and wife, an
undivided 113 Interest (hereinafter referred to as "Owner"), and COLLIER COUNTY, a
political subdivisio~l of the State cf Florida, its success, ors and assigns (hereinafter
referred to as "Purchaser");
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for
drainage, sidewalk, utility, and maintenance over, under, upon and across the lands
described as:
The South 25 feet of the North 75 feet of Tract 18, Golden Gate Estates
Unit No. 8, as recorded in Plat Book 4, Page 97, of the Public Records of
Collier County, Florida.
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 $1,715.00, payable
by County Warrant (said transaction hereinafter referred to 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. Purchaser will at all
times attempt to make a good faith effort to minimize all damages resulting to
owner. 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 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 lhe Property.
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
Easement Agreement
Page 2
deliver the conveyance instrument to Purchaser in a form acceptable to
Purchaser.
4. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or..z[r,~.ci~is~.~.,~th~.zthan t .I"~ so stated above; and the written
Agreement, !~-:'".d!'-~-'~--~- __-.~?.'~J:_.t. ~..~.-.~ -~"'"c!'?, 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.
5. 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.
6. 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).
7. This Agreement and lhe lerrns and provisions hereof shall be effective as of the
date this Agreement is executed by both padies 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.
8. 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~day of "/)/~ ~ ,1999.
Date Property acquisition approved by BCC: 4/28/98
AS TO PURCHASER:
DATED: '~)l~a;/~,~,v
..~.t .,' '..'
-- _
ATTEST: · ' ,".
,;DWIGHT. E. BROCK. Clerk
~ ',~ ~; ' , ''~ ..
-; .,~ ., ~ C ·
attest
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pamela S. Mac'Kie, Chair~voman
Easement Agreement
Witness (Signature)
Name: I~ ?~.~¢/t
(Print or Type)
~gnature)
Name: 3'0AJ'~
(Print or Type)'
Witness_(Sign. ature)
Name:
(Print or Type)
(Print or Typ6)
Witness (Signature)
Name:
__ (Print or Type)
"Nam~ ~'°P~¢ ~z,
(Print or Typ~)
Witness (Signature)
Name: 8a~"'rlt ~
(Print or Type)
~i~ure)
Name: 3oJu~ ~-o1~,,
(Pdnt or Type)'
Witness (Signature)
Name: 86!~/1 ./,.
(Prim or Type)
Approved as to form and
legal sufficiency..
H~idi F.-Asl~ton
Assi.~t~nf ~,,c)f~ntv ~ffrlrrl~v
Page 3
Arely Cal~auy;-- -
Address:
Josue Lopez
Address:,
Paula Justa Lopez
Address:, 23+I F~J IY -<'F'