Parcel 232 2514051 OR: 2577 PG: 2329
RRCORDRD in OPFIClAL RECORDS of COLLIRR COUN?Y,
CONS 1100.00
REC lEE 15.00
DOC-.70 7.70
COPIES 3.00
Retn:
REAL PROPER~
H? 8991
IN?ER OPFICE
PROJECT:
PARCEL:
FOLIO:
Golden Gate Boulevard
232
36918040003
EASEMENT
THIS EASEMENT, made and entered into this ]0th day of rlarch .,
1999, by GUILLERMO L. MONTEAGUDO and GLADYS L. MONTEAGUDO, husband
and wife, whose mailing address is 8813 Audrey Lane, Tampa, Florida 33615, 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, 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 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, 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.
'i'his document ~ccepted by
OR: 2577 PG: 2330
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
WITNESS:
/~ignatu~)
r~eorqe ..L)i az
(P~ted Nal:'n .e~ ,
(Signat~e) ' ~
Rafael Triay
(Printed Name)
~j~Guillermo L. Monteaguc~'
8813 Audrey Lane
Tampa, Florida 33615
¢:~8'ignatl~)
fieor~e ;~iaz
(Pdlnted Name__~
(Signatb're)
qafael Triav
(Printed Name)
8813 Audrey Lane
Tampa, Florida 33615
STATE OF Florida
COUNTY OF l!illsborouqh
The foregoing Easement was acknowledged before me this ]0ti~ day of
'!arch ,1999, by Guillermo L. Monteagudo, who is personally known to me or who
identification
has produced as
(affix notarial seal) ' ~J'.~---"
(~ig~%~rY~u blic)
~o,~.'~I~4,,~., ERNESTQ J. TRIAY, E.E.
· ~ '6 COMMISSION # CC 564518
~1 _~ EXPIRESAUG 10,2000
~,0~ BONDED THRU
F [:~ ATLANTIC BONDING CO., INC.
Ernesto Triay, E.E.
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
STATE OF Florida
COUNTY OF Hil lsborouqh
The foregoing Easement was acknowledged before me this loth day of
'larch , 1999, by Gladys L. Monteagudo, who is .p_e_r~s_o_n_a_lly__known to me or who
has produced as identi fi cat iD nT~--------/~.~,//
(affix notarial seal) ~"~z~~.~_,/'~ ~~'"~ ~ ~''''' ~
( S ig n a~-e-oCN-'-~-a ry P/~blic)
Ernesto Triay, E.E.
-~Y?4,~ ERNESTO J TRIAY, E E (Print Name of Notary Public)
~O"' ~ ~'~ COMMISSION'# CC {~s4sia' NOTARY PUBLIC
~ ~.~ EXPIRES AUG 10, 2000
~,,.~,,~ .O.O~T,.U Serial/Commission #:
'e OF t:%'°' ATLANTIC BONDING CO., INC. My Commission Expires:
Prepared by:
Heidi ~, k~:,hton, Esquire
..... :..o,:n ~? Attorney
33<)i Ea::: ~']~.;:~:,.; Trail
Naple~.~ rlo~'ioa $41!2
(941) 774-2400
,PROJECT NO, ( ;41
PROJECT PARCEL NO. ~-232
2577
2331
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
Exhibit "A"
The North 15 feet of the South 65 feet of Tract 127, 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 PROPERTY LINI~
EXISTING Rh9 LINES
NORTH PROPERTY LINE
300 FEET
I
i 15 FOOT DRAINAGE, UTILITY ,
"1 AND MAINTENANCE EASEMENT
(EXISTING 50 FT. R/W EASEMENT)
SOUTH PROPERTY LINE
EAST PROPERTY LINE[
GOLDEN GATE BLVD,
N
SCALE: 1 Inch - 100feel
Collar Courtly Real Pmpe~ Ivlmnmgemenl Oeperlmenl
06/23/98 1:34 PM
PROJECT: Golden Gate Boulevard
PARCEL NO: 232
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between GUILLERMO L MONTEAGUDO and GLADYS L.
MONTEAGUDO, husband and wife, (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 a perpetual, non-exclusive easement for drainage,
utility, and maintenance 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 Property to Purchaser for the stated purposes,
on the lerms and conditions set forth herein; and
WHEREAS, Purchaser t~as 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 $1,100.00, payable by
County Warrant (said transaction hereinafter referred to the "Closing"). Said payment
sh~ll 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.
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 execuled, 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 lo 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.
4. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written Ag,'eement,
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.
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, Florid3.
6. 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 vidnity of the Property to be sold !o lhe Purchaser, that the Owner has not received
notice and other, vise 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
invesligation regarding lhe generation, slorage, treatment, spill or transfer of hazardous
Easement Agreement
Page 2
substances on the Property. This provision shall survive Closing and is not deemed
satisfied by conveyance of rifle.
7. 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 o[ court, in bankruptcy or administrative
proceedings or on appeal), penalties or fines incurred by or asserted against the
Purchaser by reason or adsing out of the breach of Owner's representation under
Section 6. This provision shall survive Closing and is not deemed satisfied by
conveyance of flue.
8. The Purchaser shall pay for all costs of recording the conveyance instrument in the
Public Records of Collier County, Flodda. Ali other costs associated with this b. ansaction
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).
9. This Agreement and the terms and provisions hereof shall be el'fecflve as o1' 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.
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, Flodda Statutes, whose
stock is for sale to the general public, it is hereby exempt from the provisions of Chapter
286, Flodda Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the State of
Flodda.
c~_~lN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
ayof ,.,,..~ ,19..~, ,.
Date Property acquisition approved by BCC: 4/28/98
AS TO PURCHASER:
DATED:,~'~ ,,~'./,,~.,~
ATTEST:
· ' DWIGHT E. BROCKi Clerk
£~fie ~/Offlt~it,. D~.put~'elerk
At:test as
signature on15.
BOARD OF COUNTY COMMISSIONERS
COLLIER
COUHTY,.~..LORIDA-- ,
Pamela S. Mac'Kie, Chairwoman
Easement Agreement
AS TO OWNER:
Witnes~ (Signa. ture! _-,-
Na~ne: ]~I~Y~ f-i ~ ~
(Print~or'Type)
Witoe~ig n~ure)~.
(Pdnt or Type)
W';tne~s (signature)
(Print or Type)
(Print or Type)
Approved as to form and
legal sufficiency.
(,,/, :' t
I-leidi F. Ashton '~
Assistant County Attorney
Page 3
yGunlermo l,._.NIl;)nteagudo .
Addr,ss:~.l_Z ,'F'z ,, ,,:/.,z~-u ~'~'~
PROJECT NO. 63041
PROJECT PARCEL NO. 232
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
Exhibit
The Nodh 15 feet of the South 65 feet of Tract 127, 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.
I
I
.3OF!
I
300FEEl'
FOOT DRAINAGE. UTILITY
! AND MAINTENANCE EASEMENTI
~::-....: ........... -: ................ ~ ........
{EXlS?lt~3 ~0 FT. I~V E,~..I~NT; T
SOUTH PROPERTY LI/~E T'~
GCX. DEN GATE BLVD.
N