Parcel 205REAL PROPERTY MANAGEMENT
DEPARTMENT
RECEIVED
AUG 3 1 1999
TO:
FROM:
Date:
RE:
SUE FILSON
ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
ROBERT TEXTER
REAL PROPERTY SPECIALIST I
AUGUST 30, 1999
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
PARCEL: 205 / PELLETT
Attached you will find (1) Easement Agreement for execution by Chairwoman Pamela S.
Mac'Kie concerning the above transaction. Please be advised that Heidi F. Ashton, 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 99-285, 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 Agreement has been executed, please forward same to Ellie Hoffman, Records
Technician III, 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: 205
FOLIO: 36914080009
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between JOSEPHINE CARROLL PELLETT, AS
TRUSTEE OF THE JOSEPHINE C. PELLETT LIVING TRUST DATED JULY 31, 1997,
with full power and authority either to protect, conserve and to sell, or to lease or to
encumber, or otherwise to manage and dispose of the property described herein,
(hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision
of the State of Florida, its successors and assigns (hereinafter referred to as the
"Purchaser");
WHEREAS. the Purchaser requires a perpetual, non-exclusive Easement for
drainage, utility, and maintenance over, under, upon and across the lands described in
Exhibit "A", which is attached hereto and made a pad of the Agreement, described as
follows, to wit;
SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference;
WHEREAS, the Owner desires to convey the Easement to the Purchaser for the
stated purposes, on the terms and conditions set forth herein;
WHEREAS, the Owner desires to be compensated for the Easement, as well as
any, improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Easement (hereinafter referred to as the "Property") and for the improvements.
over, under, upon, and across the Property.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
(S10.00). and other good and valuable consideration, the receipt and sufficiency of
which are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser the Property in exchange for the sum of
$ 9,500.00 broken down as follows:
Easement
Improvements (If any)
Severance Damages
$1,100.00
S 3,500.00
$ 4,900.00
TOTAL: $ 9,500.00
Owner accepts the above compensation as full payment for the Property, and
for all landscaping, trees, shrubs, improvements and fixtures located thereon, and for
any damages resulting to the remainder, if less than Owner's entire property was taken,
and for all other damages in connection with the conveyance of said Property to
Purchaser.
2. Purchaser shall pay Owner by County Warrant.
3. This Agreement shall be null and void, and of no fudher 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 property executed instruments
affecting Purchaser's enjoyment of the Property.
At closing, Purchaser shall deliver the County Warrant to Owner and Owner
shall deliver the Property to Purchaser ~n an instrument acceptable to Purchaser.
4. Prior to the closing, Owner shall obtain from the holders of any and all liens,
encumbrances, exceptions, or qualifications in and to the Easement. the execution of
such instruments that will, upon their recording in the Public Records of Collier County,
Florida, clear any and all encumbrances from the Easement. Such instruments shall be
provided to Purchaser on or before the date of closing.
5. Conveyance of the Properly, or any interest in the Property, by Owner is
contingent upon no other provisions, conditions, or premises other than tho~e so stated
above; and the written Agreement, including all exhibits attached hereto, shall
constitute the entire Agreement and understanding of the padies, and there are no
other prior or contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein.
6. Owner ~s 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.
7. 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 properly contiguous to or
in the vicinity of the Properly to be sold to the Purchaser, that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the Properly, 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 Properly. This provision shall survive closing
and is not deemed satisfied by conveyance of title.
8. 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 7. This provision shall survive closing and is not deemed satisfied by
conveyance of title.
9. The Purchaser shall pay for all costs of recording the conveyance instruments
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 tho Easement from the modgagee(s).
10. 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.
11. 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
Properly 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 tho provisions of Chapter
286, Florida Statutes.)
12. This Agreement is governed and construed in accorda:lce with the laws of the
Stat¢~. of Florida
IN WITNESS WHEREOF. the padies hereto have executed this Agreement on
this~/:-:/ dayof t)( I,?(J '~'~- , 1999.
Dat:e Property/AcquJ. s.tt. ion approved by BCC 04/28/98
Date Properly/Condemnation Approved by
BCC: 06/22/99. Resolution 99-285
AS TO PURCHASER:
DATED: 5/!~,f ,/'?"/
I
ATTEST:
DWIGHT E. BROCK. Clerk
· Deputy Clerk
AS TO OWNER:
DATED: :; ,' ~, 4; /
~iih-e ss (~ignature)
(Print or Type)
Witnes_s ~_Si_i_i_i_~n atu re)
Name: 1,!,;, _, l. [_(~',. · ,' rf
(Print or ~ype)
/'j~SE~HINE CARROLL PELLET, as Trustee
'/of the Josephine C. Pellett Living Trust
dated July 31, 1997
50 21~ Street NW
Naples, FL 34120
Approved as to form and
legal, sufficiency:
Heidi F. Ashton
Assistant County Attorney
PROJECT NO. 6304
PROJECT PARCEL NO. 205
EXHIBIT
I,~-G-ALJ:)ESCRIPTION & SKETCld
(NOT A SURVEY)
The North 15 feet of the South 65 feet of Tract 63, LESS the West 30
feet thereof, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4,
Page 95 of the Public Records of Collier County, Florida.
~IORTH PROPERTY LI,qE
130rf ]0¢TI
300FEET
E ~IST¢¢j t;,','~, LIt,IE S
F----o
!5 KOO? DRAI~'.~AGE. UTILITY
A~',ID MAd',ITEtIAr.~CE EASEMEh~T
(EXiSTiNG 50' R,'¢/EASEME~'(T)
S(~u'TH PF)OPE~TY Uh'E ~
,e__E '- ST PROP6RTr' L?______,m.~L
(GOLDEN GATE BLVD )
SCALE: linch: 100feel
PROJECT: Golden Gate Boulevard
PARCEL: 205
FOLIO: 36914080009
2532797 OR: 2592 PG: 3304
RECORDED in OFPICIAL RECORDS of COLLIER COUNTY, FL
09/17/1999 at 09:52AM DWIGHT E. BROCK, CLERK
CONS 9500.00
COFI~S 3.00
Retn:
REAL PROPERTY
~[? 8991
INTER O~IC~
EASEMENT
THIS EASEMENT, made and entered into this ~¢ day of ,~/._./'~, 1999, by
JOSEPHINE CARROLL PELLETT, AS TRUSTEE OF THE JOSEPHINE C. PELLETT LIVING
TRUST DATED JULY 31, 1997, with full power and authority either to protect, conserve and to sell,
or to lease or to encumber, or otherwise to manage and dispose of the property described herein,
whose mailing address is 50 21st Street NW, Naples, FL 34120, 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, 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 HOMESTEAD PROPERTY
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,
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.
THIS CONVEYANCE ACCEPTED BY THE ~
80ARD OF COUNTY COMMISSIONERS,~,
PURSUANI TO THE PROVISIONS
OF RESOLUTION NO.. c~,_ 2.~ - t
This property has been acquired under
threat of condemnation and is exempt from
documentary stamp tax
OR: 2592 PG: 3305
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
WITNESSES'
WitCess.~(S ig n atu re,)
Narne~¢.~- ~¢u~ / ~-¢.o
~ (Print or Type)
~)SEPi~NE CARROLL PELLETT, as Trustee
of the Josephine C. Pellett Living Trust
dated July 31, 1997
Witnes¢ (S~ture)
Name:~-~'-~ ~'1 C LL.L.c~e_
(Print or Type)
50 21st Street NW
Naples, FL 34120
STATE OF
COUNTY OF
The. foregoing Easement was acknowledged before me this ..¢¢ day of
,/¢¢/c-; (/~ Z" ,1999 by JOSEPHINE CARROLL PELLETT, as Trustee of the Josephine C.
Pellett Living Trust dated July 31, 1997, who is personally known to me or who has produced
.~/~'-/¢.~ ~/~¢¢7¢..~i~ identification.
(affix notarial seal)
(Sl~~~ .of Nnta~,j bllc)
(Print N~me of Notary Public)
NOTARY PUBLIC
Serial/Commission #
My Commission Expires:
PROJECT NO. 63041
PROJECT PARCEL NO. 205
EXHIBIT
A~
*** OR: 2592 PG: 3306 ***
LEGAL DESCRIPTION & SKETCH
(NO T A SURVEY)
The North 15 feet of the South 65 feet of Tract 63, LESS the West 30
feet thereof, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4,
Page 95 of the Public Records of Collier County, Florida.
WEST PROCERTY LINE
i 30 FT m
I
I
I
I
I
i
EXISTING R/W LINES '
J
NORTH PROPERTY LINE
60 ~t.
300 FEET
15 FOOT DRAINAGE, UTILITY
EAST PROPERTY LINE
N
(EXISTING 50' R/W EASEMENT) (GOLDEN GATE BLVD.)
SOUTH PROPERTY LINE
SCALE: 1 inch = lOOfeet
Collier County Real Property Management Department
06130/,98 5:3/PM