Parcel 235 2519246 OR: 2581 PG: 3273
R~¢OItD~D in O~ICI~L It~¢OI~DS of COLLIER COUNTY,
08/13/1999 at 0~:12PM DWIGHT B. BROCK, CLBRg
CONS 595.80
R~¢ ~! 15.00
DOC-,70 1.20
COPIES 3,00
Retn:
R~AL PROPRR?Y
8991
IN?RR O~IC~
PROJECT: (G. G. BLVD.)
PARCEL: #235
FOLIO: 36918120004
EASEMENT
THIS EASEMENT, made and entered into this ~ day of ~ ,
1999, by FABIOLA BURGOS, whose mailing address is 28-B Th'or'ton Place, Clifton,
NJ 07012, 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, 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.
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSTONERS,
COLLIER COUNTY, FLORIDA,
PURSUANI TO THE PROVISIONS
OF RESOLUTION NO.
Page Two
Easement
OR: 2581 PG: 3274
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
ESSES:
W-'i~;h"~e'ss (Signat e) ,~
Name: ,¢'~4//?~ /~, ~'LAt~Oft/
_~__ :~7_~..~ (Print Name)
Witness (Si.qnature) ,/ .
Uame:~/-~/~ /~.
(Print Name)
Fabiola Burgos
STATE OF ~/~7.~/~
COUNTY OF ~~,'¢
The foregoing Easement was acknowledged before me this
F
a/bi.ola Burgos, who is personally
~;x-~,~.--- , as identification.
(affix notarial seal)
CONSUEL0 M. LOPEZ
Notary Public of New Jerse~
My Commission Expires March ]2, 2001
~ day of
known to me or who has prod'aced
.'('Signai. u,u o, ,qotary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
~-~'pI~O~sCT NC), 63041
iECT PARCEL. NO, 235
*** OR:
LEGAL DESCRIPTION & SKETCH
(NOT A SURVE, Y)
3275
The North 15 feet of the South 65 feet of the East 180 feet of Tr'ac~ ~, 2&
Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of
the Public Records of Collier County, Florida.
,/
NORTH PROPERTY LINE
FEET
WEST PROPERTY LINE
EXISTING R/W LiNE
GOLDEN GATE BLVD,
~E~.ST PROPERTYLINE
15 FOOT DI::;I, AINAGE, UTILITY
J AND MAINTENANCE EASEMENT
.............. 1 ............. (;;I; ';IN 50 ............ FT. PJW EASEMENT)
$OUTH PROPERTTLINE t
SCALE: 1 It~h · 100feet
C~#ef Co~nlf Rell Pml~ M~n~gernent Oep~rlment
PROJECT: Golden Gate Boulevard
PARCEL NO: 235
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between FABIOLA BURGOS, a single person, (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 mainten~,nce over, under, upon and across the rands de_~cribed in Exhibit ".~." ,~3a!d
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 terms and conditions sel 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
mulually acknowledged, it is agreed by and between Ihe parties as follows:
1. Owner shall convey the Property to Purchaser for the sum of $600.00, payable by County
Warrant (said transaction hereinafter referred to the "Closing"). Said payment shall be full
compensation for lhe 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 may install drop curbing (for a driveway ~ntrance 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, exceplions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Properly upon their
recording in the public records of Collier County. Florida. Owner shall provide such
instruments, properly executed, lo 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 lhe unilateral dght 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.
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 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, promis~.s, warranties, or cov~,.~ants 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. 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 Io 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
Easement Agreement
Page 2
environmental lien against the Property or c) any lawsuit, proceeding or investigation
regarding the generation, storage, treab'nent, spill or transfer of hazardous substances on
the Property. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
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 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 SecUon
6. This provision shall survive Closing and is not deemed satisfied by conveyance of title.
8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public
Records of Collier County. Flodda. 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 wilh lhe securing and recording a
Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the
Property from the mortgagee(s).
9. This Agreement and/he terms and provisions hereof shall be effective as of the date this
Agreement is executed by both part/es and shall inure to the benefit of and be binding
upon the parties hereto and their respecUve 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 lhe name and address of every person havfng a beneficial interest in lhe Property
before the Property held in such capacity is conveyed Io Purchaser, its successors and
assigns. (If lhe corporation is registered with the Federal Securities Exchange
Commission or regislered 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 Agreemenl is governed and construed in accordance with the laws of the State of
Florida.
IN ~_iTNESS W_HEREOF, thee parties hereto have executed Ihis Agreement on this
dayof N 0 ~,'(, ~,'1 ~(:,'~ .19 ~,
Date Property acquisition approved by BCC: 4~28~98
AS TO PURCHASER:
~AT'4'EST: ..... ' ....
"'.~.~ DWIGI"I~. oE.~B.R..~o,~K, Clerk
E~(Io ~ff~ Deputy ~rk
Attest as to Chat~'S
si~atura
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Pamela S. MacKte, Chairman
/
Easement Agreement
(Prinl or Type)
Approved as to form and
legal sufficienc3(.
Heidi F. Ashton
Assistant County Attorney
Page 3
PROJECT NO. 63041
PROJECT PARCEL NO. 235
·
LEGAL DEScRIPTIoN,
(NOTA SURVE
The Nodh 15 feet of the South 65 feet of the East 180 feet of Tract 128,
Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of
the Public Records or Collier County, Florida.
__ 15 FOOT DRAINAGE. UTILITY ~
EXISTING R, IW Lff~E " I AND MAINTENANCE EASEMENT
"J .... r ............... :~ .....................
~N GATE BLVD. j (EXISTING 50 FT. R,M/EASEMENT)