Parcel 360 A & BTO:
FROM:
DATE:
MEMORANDUM
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
WlLMA IVERSON, SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT DEPARTMENT
July 15, 1999
JUL ! 5 1999
RE:
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
Parcels: 360A & B
one (1) Easement Agreement for execution by chairwoman
Attached you will find
Pamela S. Mac'Kie concerning the above transaction. Please be advised that
Zachary, Assistant County Attorney, has reviewed and approved the attached
The Board of County Commissioners of Collier County, Florida approved the
by gift or purchase in Resolution 98-107, Item 16(b)(1), dated April 28, 1998.
Pursuant to Resolution 98-107, Paragraph 8, the Board has authorized itsipresent
Chairman and any subsequent Chairman, for the life of the Project, to execute an'
·
instrument which have been approved by the Office of the County Attorney. ~
Once the Agreement has been executed, please forward same to Ellie
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. ~ :~
Attachments as stated .~
PROJECT: Golden Gate Boulevard
PARCEL NO:360A&B
FOLIO: 37169480000
37169440008
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between NELSON MARTINEZ AND NOELIA MARTINEZ,
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,
sidewalk, utility, & 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 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 $1600.00, payable by County
Warrant (said transaction hereinafter referred to as 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 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 Properly, 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 properly 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.
4. Owner ia 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 environmeqtal 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 Ihe
Property to be sold to the Purchaser, that the Owner has not received notice and otherwise
Easement Agreement
Page 2
I0.
11.
has no knowledge of a) any spill on the Property, b) any existing or threatened
environmental lien against thc Property or c) any lawsuit, proceeding or investigation
regarding thc generation, storage, treatment, spill or transfer of hazardous substances on
thc Property. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
Owner shall indemnify, defend, save and hold harmless thc Purchaser against and from,
and to reimburse thc Purchaser with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralcgat 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.
The Purchaser shall pay for all costs o£ recording thc conveyance instrument in thc 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 thc securing and recording a
Subordination, Consent & Joindcr of Easement of thc mortgage(s) recorded against thc
Property from thc mortgagee(s).
This Agreement and thc terms and provisions hereof shall be effective as of thc dale this
Agreement is executed by both parties and shall inure to the benefit o£and be bindinB upon
Ihc parties hereto and their respective heirs, executors, personal representatives, successors,
successor Irustees, and/or assignees, whenever thc context so requires or admits.
If thc Owner holds thc Property in thc £orm 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 thc Property before Iht
Property held in such capacity is conveyed to Purchaser, its successors and assigns. (I f thc
corporation is registered with thc 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.)
Conveyance of thc 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 thc 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.
This Agreement is governed and construed in accordance with thc laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of ~ ,199p.
Date Properly acquisition approved by BCC: ~
AS TO PURCHASER:
DATED:.Q~,.-gc~/t-. /
,~' ~,~,
.. fATTEST; .
"--DWIGHT. E. BROCk, Clerk
~'/~//-~/~Tcflff/.~. D'cl~uty Clerk
'~,..
Att~$~ Il ~ Chat~'s
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY Pamela S. Mac Kie, Chairwoman
Easement Agreement
AS TO OWNER:
DATED:
/wit.~. (Signat~/d
(PHnt or T~c)
Wit~ess (Signature)
/(Print or Type)
· (.gn )
fi'tint or Type)
Approved as to form and
legal sufficiency:
eidi F. Ashtorl/
ssistant County Attorney
Page 3
OFFICE OF CAPITAL PROJECTS ~
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 ~
(941) 774-8192
SKETCH OF DESCRIPTION
(NOT A SURVEY)
w~s! PROt~ER t~
DESCRIPTION
C3OLDEN GATE BOULEVARD
10~ R.O.W
L EXIST. ~ R~W I
ASEMENT~-~
25 FOOT DRAINAGE
: SIDEWALK. UTILITY.~...J
I & MAINTENANCE
: EASEMENT
I
:
I
,,
I
:
I
:
I WEST 180 FEET
LESS TIlE WEST 30 FEET
TRACT 124
;
;
I
:
I
~ F-JI-S I' PROPER T'/L~,,~
I
:
I
I
_,
I
rile SOUTH 25 FEET OF THE NORTH 71,1 FEET OF THE WEST 180
FEET OF TRACT 124. LESS THE WEST 30 FEET THEREOF, GOLDEN
GATE ESTATE8 UNIT NO. S2. AB RECORDED IN PLAT BOOK 4, PAGE
105. OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA.
JUI.Y 22,1998 I GGB360A
PROJECT NO. 0304
PROJECT PARCEELNO. 360A
EXISTING RIGHT OF WAY UNE
OFFICE OF CAPITAL
3301 EAST TAMIAMI TRAIL
(941) 774-8192
PROJECTS
NAPLES, FLORIDA 34112
SKETCH OF DESCRIPTION
(NOT A SURVEY)
PROJECT NO,
PROJECT PARCEL NO.
..5' ?/~,'?
C3OLDEN (3ATE BOULEVARD
$ 00~ R.O.W
L EXIST, 50' R~/
TRAC'
150'
ASEMENT---.] ......
'~_25 FOOT DRAINAGE,
SIDEWALK. UTILITY.
& MAINTENANCE
EASEMENT
124
EAST `150 FEET
TRACT ! 24
L 8ou I'FI PROPF. R Ty LIN~
150'
-- IqOOTH P~:~R rY 19~.
.___[--'- EXISTING~.IIGHT OF WAY J
~ ~T PRO~F~Ty Lit,L
DESCRIPTION
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150
FEET OF TRACT 124, GOLDEN GATE E6TATE$ UNIT NO. '12, A8
RECORDED IN PLAT BOOK 4. PAGE 105, OF THE PUBUC RECORDS
OF COLLIER COUNTY, FLORIDA.
I' I
EXHIBIT
SHEET 1
Memorandum
TO:
FROM:
DATE:
SUBJECT:
MAUREEN KENYON, CLERK OF THE BOARD
FEBRUARY 18, 2000
AGENDA ITEMS: 8 (B) (4) & 8 (B) (5)
APRIL 27, 1999 & JUNE 22, 1999
ATTACHED IS THE FOLLOWING ORIGINAL DOCUMENT FOR YOUR SAFE-
KEEPING COMPRISING OF (1) ONE EASEMENT ACQUIRED FOR THE FOUR
LANING OF GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND
WILSON BOULEVARD.
OFFICIAL RECORD BOOK & PAGE NUMBER:
2576/1356-1359
CC:
A.N. KORTI, PROJECT MANAGER, PUBLIC WORKS ENGINEERING
DEPARTMENT
PROPERTY APPRAISER'S OFFICE
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: G.G. Blvd.
PARCEL: 360A&B
FOliO: 37169480000
37169440008
EASEMENT
2' Z523 OR: 2576 PG: 1356
HCORD~D i~ O~ICIAL H¢ORDS of COLtI~R COUP?Y, ~L
07/30/1999 at, lO:24AH DMIGHT B. BROCK, CLBRK
CO~ 1600,00
HC FH 19.50
COPIES 4.00
Retn:
Rg~L PROPgRTY
8991
IN?gR OFgICg
THIS EASEMENT, made and entered into this ~' day of ~ ('' /'* ~' ,
19~ ~', by Nelson Martinez and Noelia Martinez, husband and wife, whose mailing
address is 9512 SW 118~ Place, Miami, Florida 33186-2142, 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 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 sidewalk, 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.
IN WITNESS WHEREOF, the Grantor has cSuse~l these I~,sen~ to be executed the
date,,a~ year first above written.
(.,, ~t ~'-5~IRST WIT,hIE'SS),~ ~- ~z ~ ,,o(Signature)_ _ ~elson Mt ~,.rtinez~k_
SECOND WITNESS (Signature)
( rint N m )
T e)~ z.
(Print Name)
SF__/COND WITNESS(Signature)
(Print Name)
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMM[SS~ONERS,
COLLTER CO[~TY, FLORIDA,
PURSUANT-lO THE PROVISIONS
OF RESOLUTION NO. _ ~'¢*-,=~
OR: 2576 PG: 1357
STATE OF ~ /" f~
counTY ?
The foregoing Easement was acknowledged before me this /~ day of
~T~at) L "4' , 199 ~' , by Nelson Martinez, who is personally known to me or who
s produced .--...
(Affix notarial seal)
IOfficial Baal
CLARA H. GONZALEZ
Notary Pebllc, Stale of Florida
No. CC498162
as identification.'
iSi~nature of ~;t~_,~) ~ '/
~' ~ ~t/~a~ Jo"ff 'U~a~ry ~~'
Commission #
..~~issig~~xpires:
-" ~'~a~
STATE OF ~"~ '/~
OF.,, ? ~
COUNTY
The foregoing Easement was acknowledged before me this '7 day of
U K.')/ ,199 ~" , by Noelia Martinez, who is personally known to me or who has
produded as identification.
(~Affix notarial seal)_
CLARA H. GONZALEZ
Notary Pobllc, State of Florida
k No, CC498162
. (Signature of'Not_at'y)
(Print Name of Notary)
Commission #
OR: 2576 PG:
1358
'OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
(NOT A SURVEY)
PROJECT NO. 63041
PROJECT PARCEL NO. 360A
WEST PROPERTY LINE---~-
DESCRIPTION
GOLDEN GATE BOULEVARD
100' R.O.W.
L EXIST. 50' R\W
i25 FOOT DRAINAGE --I-
SIDEWALK, UTILITY,__.._3
& MAINTENANCE
EASEMENT
WEST 180 FEET
LESS THE WEST 30 FEET
I TRACT 124
I
I TRACT
I
:
I
I
ASEMENT-~.
-- NORTH PROPERTY LINE
124
150' 150'
L SOUTH PROPERTY LINE
.___[----'- EXISTING RIGHT OF WAY LINE
EAST PROPERTY LINE
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180
FEET OF TRACT 124, LESS THE WEST 30 FEET THEREOF, GOLDEN
GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE
105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
DRAWN BY CHECKED BY
EX IBIT
I FILE NO.
JULY 22, 1998 GGB360A
SHEET 1 OF 1
OR: 2576 PG: 1359
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192 .
SKETCH OF DESCRIPTION
(NOT A SURVEY)
PROJECT NO. 63041
PROJECT PARCEL NO. 360B
DESCRIPTION
GOLDEN GATE BOULEVARD
100' R.O.W.
L EXIST. 50' R,W ASEMENT---~.
I25 FOOT DRAINAGE,
_SIDEWALK, UTILITY,
&MAINTENANCE
TRAC'I'
WEST PROPERTY LINE ----~
EASEMENT
EAST150FEET
TRACT124
124
150' 150'
L Sou~rH PROPERTY LINE
NORTH PROPERTY LINE
EXISTING RIGHT OF WAY LINE
EAST PROPERTY LINE
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 150
FEET OF TRACT 124, GOLDEN GATE ESTATES UNIT NO. 12, AS
RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
DRAWN BY
ICHECKED BY [ SCALE 1" = 1 DO'
EXHIBIT
IDATE I FILE NO.
JULY 22, 1, 998 GGB360B
SHI~ET 1 OF 1