Parcel 101 AMemorandum
TO:
FROM:
DATE:
SUBJECT:
MAUREEN KENYON, CLERK OF THE BOARD
JEAN JOURDAN, SENIOR SPECIALIS~~
REAL PROPERTY MANAGEMENT~,~/:F~VI'ENT
FEBRUARY 18, 2000
AGENDA ITEMS: 8 (B) (4) & 8 (B) (5)
APRIL 27, 1999 & JUNE 22, 1999
ATTACHED ARE THE FOLLOWING ORIGINAL DOCUMENTS FOR YOUR SAFE-
KEEPING COMPRISING OF (1) ONE EASEMENT AND (1) TEMPORARY
DRIVEWAY RESTORATION EASEMENT ACQUIRED FOR THE FOUR LANING OF
GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND WILSON
BOULEVARD.
OFFICIAL RECORD BOOK & PAGE NUMBER:
2601/3198-3200
26013194-3197
CCi
A.N. KORTI, PROJECT MANAGER, PUBLIC WORKS ENGINEERING
DEPARTMENT
PROPERTY APPRAISER'S OFFICE
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT:
PARCEL:
FOLIO:
63041 (Golden Gate Blvd.)
101 A
36710050000
2544086 OR: 2601 PG: 3194
RECORDED in OFPICIA5 RECORDS of COLLIER COUNTY, PL
10/ll/1999 at 02:31PM DWIGHT B, BROCK, CLERK
REC FEE I9,50
DOC-,?0 .70
COPIES 4.00
Retn:
REAL PROPERTY
EXT 899I
INTER OPPICR
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THIS EASEMENT granted this /~' day of ..~ c.y' ,19 '¢?, by
WANDA BUKOWSKI.,,.,~,"'"'- ,.,.,,..........,'"' ,~.,~A,m~=m a singe woman and VlNCENTA BUKOWSKI
=~..uy.~__ ~~, an unremarried widow, as Grantor, to COLLIER COUNTY, a
political subdivision of the State of Florida, 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 or assigns.)
WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration paid by the Grantee, receipt of which is
hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a
Temporary Driveway Restoration Easement to enter upon the lands described as follows
(the "Easement Area"):
See attached Exhibit "A", which is
incorporated herein by reference.
The Easement Area, which is adjacent to the permanent easement conveyed by
the Grantor to the Grantee, shall be used by Grantee for the purpose of filling, grading
and placing concrete, asphalt or rock, on the Grantor's lands for the purposes(s) of
constructing, with materials of like kind, a driveway/turnout and/or to provide for
continuous transition between the existing driveway and the newly constructed road,
sidewalk, and drainage improvements on Golden Gate Boulevard. This Temporary
Driveway Restoration Easement shall expire upon completion of construction or August
31, 2004, whichever occurs first. However, if construction is not completed by August
31, 2004, this Temporary Driveway Restoration Easement shall automatically extend to
August 31, 2005. Grantee shall use its best efforts to restore the existing landscaping,
plantings and light fixtures within the Easement Area to its original condition. Grantor
and Grantee are used for singular or plural, as the context requires.
THIS IS NOT HOMESTEAD PROPERTY
This property has been acquired under
thr~mt of condemnation and is exempt from
, ?mentany stamp tax
~l'HI$ CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY
PURSU,:,.a~ ~ ~-ia PRp,~SiONS
OF RESOLUTION NO.. ~-~_
OR: 2601 PG: 3195
Page 2
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed the day and year first above written.
WITNESSES:
Witness (Signa~reg'
Name:
(Print or Type)
V~f'r~ess (Signature) ~'-
Name: 'J~~/~'~.-c~,'-/,'~
(Print or Type)
kowski
2427 W. 21st Place
Chicago, IL 60608
Witness (S ig~ratul~6¢
Name:
(Print or Type)
Wit. al'ess (Signature)
(Print or Type)
2427 W. 21st Place
Chicago, IL 60608
STATE OF
COUNTY OF
The foregoing Temporary ,Dri~veway Restoration Easement was acknowledged
~ ,tm_l_ I~..I.~l,L,~
before me this / ~' day of -/-~ , 1999, by Wanda Bukowski ~,,,v,=, ~,,.,,, .... .~, a
single woman, who is p6~sor~lly known to me ~ who,~---,oo ~,,,., .... d
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
"Page3 OR: 2601 PG: 3196
COUNTY OF ~
The foregoing,cTemporarypr~veway Restoration Easement was acknowledged before
me this /¢ "F day of ,<:~-/L , 1999, by Vincenta Bukowski =/PJa Bukowk~, an
unremarried widow, who~r i¢ personally known to me er--¥4ho h&s prcdu~.,s,,d
. ,~F~t~l~.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires: ,/--/-./~'-~0~')
Prepared bY: ~<~-~~/''~ ~
~,~b.~rt, N. Zachary, quit®
Office of the Coun~ Attor~y
~30~ East Tamla~ Tra~
N~¢es, Florida ~112
t94~) 77~
Parcel No. 101 AT
Temporary Driveway Restoration Easement
The West 230 feet of the East 280 feet of the North 50 feet of the South 125 feet of the
West One Half (1/2) of Tract 1, Golden Gate Estates Unit No. 3, as recorded in Plat Book
4, Page 77 of the Public Records of Collier County, Flodda.
PROJECT: 63041 (G. G. Blvd.)
PARCEL: 101 A
FOLIO: 36710050000
2544087 OR: 2601 PG: 3198
RECORDED in O~ICIAL RECORDS of COLLIER COUNTY,
10/14/1999 at 02:31PM DWIGHT E, BROCK, CLERK
CONS 81000.00
REC ~E~ 15,00
COPIR5 3.00
Retn:
REAL PROPERTY
R[T 8991
INTER OF~IC~
EASEMENT
THIS EASEMENT, made and entered into this "7 day of /¢,,¢~/ ,
19 ~'~, by WANDA BUKOWSKI. ~,'~,~~, a single woman' ~nd VlNCENTA
BUKOWSKI - = '- '='-'- ..... =-
c!FJu ....u~.~=~, an unremarried widow, whose mailing address is
2427 W. 21st Place, Chicago, IL 60608, 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 its 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 easement, 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 caused these presents to be executed the
date and year first above written.
WITN.~SES:
Witness (Sig n~t'~ re)
Erica Zuniga
Name:
(Print or Type)
Witness (Signa~
Name:
Frances Zaj ac
(Print or Type)
This property has been a~uimd under
threat of condemnation and is exempt from
6~;cumentary stamp tax
vC~d~ BukowsJki~/k/a Bukowksi
2427 W. 21st Place
Chicago, IL 60608
THIS CONVEY~AI',~6~ ACCEPTED BY THE]
BOA~r~ OF r:~',', ':J'"TSSTONERS, J
COl' ~ , FL)?Tn/t. ]
OF NO. _ J
Name: Erica Zuniga
(Print or Type)
Witness (S ig n a~tu--?'e¢'
Frances Zajac
Name:
(Print or Type)
OR: 2601 PG: 3199
Vince~ta B u k0ws'l~~
2427 W. 21st Place
Chicago, IL 60608
STATE OF Illinois
COUNTY OF Cook
The foregoing Easement was acknowledged before
May , 1999, by Wanda Bukowski a/k/a Bukowksi, a
personally known to me or who has produced
me this 7th day of
single woman, who is
as identification.
(Signa,~)~lre of Notary Publi.¢) ~
RosalYa Ruiz ~/
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires: January lO, ZUOO
STATE OF Illinois
COUNTY OF Cook
The foregoing Easement was acknowledged before me this 7th day of May ,
1999, by Vincenta Bukowski a/k/a Bukowksi, an unremarried widow, who is personally
known to me or who has produced as identification.
(affix notarial seal)
OFFICIAl_ SEAL
ROSALVA RUIZ
NOTARY PUBL!C, ,qTAIy OF ILLINOIS ~
Robert N. Zachary, Esqulr®-
r'"";~'- of ~.'.',,~ County Attorn®~
~:~(')~. La:,i ,a;n~ami Trail
Naples, Florida ~112
j~ 1) 77~~
~-t'~natCre of Notary
Rosalva Ruiz
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires: January 16, 2000
TO:
FROM:
DATE:
INTEROFFICE MEMORANDUM
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specialist
Real Property Mana§ement Department
RECEIVEr)
Beard of Count.r Co~,tSs toners
October 4, 1999
RE:
Golden Gate Boulevard, Parcel 101 A
Project 63041 (Bukowski)
Attached you will find an Easement Agreement for execution by Chairwoman
Pamela S. Mac'Kie concerning the above transaction. Please be advised that
the document has been reviewed and approved by the County Attorney's Office.
The Board of County Commissioners approved the acquisitions by gift or
purchase pursuant to Resolution 98-107, Agenda Item 16.B.1, dated April 28,
1998, 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.
The Board of County Commissioners of Collier County, Flodda approved
acquisitions by gift, purchase or condemnation pursuant to Resolution 99-220,
Agenda item 8 B. 4., dated April 27, 1999
Once the Agreements have been executed, please forward same to Ellie
Hoffman, Records Technician III, Minutes and Records Management, for
attestation by the Clerk to the Board.
If You have any questions regarding this matter, please contact me at 774-8991.
Thank You.
Attachment:
PROJECT: Golden Gate Boulevard
PARCEL: 101 A
FOLIO: 36710050000
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between WANDA BUKOWSKI a/ida BUKOWKSl, a
single woman and VlNCENTA BUKOWSKI a/Ida BUKOWKSI, an unremarrled
widow, (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
sidewalk, utility drainage and maintenance (hereinafter referred to as the "Easement")
over, under, upon and across the lands described in Exhibit "A", which is attached
hereto and made a part of the Agreement, described as follows, to wit;
SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference;
WHEREAS, the Purchaser requires a non-exclusive Temporary Driveway
Restoration Easement (hereinafter referred to as "TDRE") over, under, upon and across
the Owner's lands, for reconstruction of the existing driveway, described in Exhibit "B",
which is attached hereto and made a part of the Agreement, described as follows, to
wit;
SEE ATTACHED EXHIBIT "B", which is incorporated herein by reference;
WHEREAS, the Owner desires to convey the Easement and the TDRE
(hereinafter collectively referred to as "Properties") to the Purchaser for the stated
purposes, on the terms and conditions set fodh herein;
WHEREAS, the Owner desires to be compensated for the Properties as well as
any improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the
conveyance of the Properties and for the improvements located thereon.
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser the Properties in exchange for the sum of
$8,100, broken down as follows:
Easement
Temporary Driveway Restoration Easement
Improvements
$ 3,900.00
$ 200.00
$ 4.000.00
TOTAL:
$ 8,100.00
Owner accepts the above compensation as full payment for the Properties,
and for all landscaping, trees, shrubs, improvements and fixtures located thereon, and
for any damages resulting to the remainder, if less than Ownur's entire property was
taken, and for all other damages in connection with the conveyance of said Propedies
to Purchaser.
Purchaser shall pay Owner by County Warrant.
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 dght to extend
the term of this Agreement, pending receipt of all properly executed instruments
affecting Purchaser's enjoyment of the Propedies. At closing, Purchaser shall deliver
the County Warrant to Owner and Owner shall deliver the Propedies to Purchaser in 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, including the TDRE, shall be provided to Purchaser on or before the date
of closing.
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 Propedies and all uses of the Propedies
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 Properties 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 Properties to be sold to the
Purchaser, that the Owner has not received notice and otherwise has no knowledge of
a) any spill on the Propedies, b) any existing or threatened environmental lien against
the Properties or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Propedies. 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 coud, 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 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
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 home 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 Easement from the modgagee(s). The cost of the
title commitment shall be paid by the Purchaser.
9. 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.
10. If the Owner holds the Properties in the form of a partnership, limited
padnership, corporation, trust or any form of representative capacity whatsoever for
others, Owner shall make a written public disclosure, according to Chapter 286, Flodda
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Properties before the Properties 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, Florida Statutes.)
11. Conveyance of the Properties, or any interest in the Properties, by
Owner is contingent upon no other provisions, conditions, or premises other then 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 pdor or contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein.
12. 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 r~_-t~, day of (~)~.'-t~,e.~.. ,19~
Dated Project/Condemnation Approved by BCC: 4/27/99 Res. No. 99-220
AS TO PURCHASER:
.-7 ~ ' A,..TT. E'ST:"
; : 'DWIGHT E. BROCK, Clerk
'....":¢. ~...~ ..... . .-
",,,~ :"7:'' , Deputy Clerk
"Att~'$~ 'as t~
signature
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
BY'pa m/~;~~~ ~;ai~o~ n
DATED: ~- ~o-~
Witnes(6.~ignature)
Name: ~¢,,,4
(Prat or Type)
~itness (Sidle)
(Print or T~)
- Wit~ignature)
(Prinf.~r T~,pe) -'
Witness (Sig~tC'e)
(Print or 'l~e)
2427 W. 21st Place
Chicago, IL 60608
Vincenta Bukowski a~-pJa Bukowksi
2427 W. 21st Place
Chicago, IL 60608
Approved as to form and
l~cy: ~.?,. ;~ .... .;
· ' ' ' ~,:;d Ai;;i.!"'.'~'~,*.
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. '101 A
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY')
The North 25 feet of the South 75 feet of the West One Half (1/2) of Tract
1, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77
of the Public Records of Collier County, Florida.
WEST PROPERTY LINE
NORTH PROPERTY LINE
330 FEET
25 FOOT DRAINAGE, SIDEWALK, UTILITY
ANO MAINTENANCE EASEMENT
(EXISTING 50 FT. P. Nf EASEMENT)
$CXJTH PROPERTY LINE T
EAST PROPERTY LINE
EXISTING R~ UNE
(GOLDEN GATE BLVO.)
SCALE: 1 inch · 100 feet
Parcel No. 101 AT
Temporary Ddveway Restoration Easement
The West 230 feet of the East 280 feet of the North 50 feet of the South 125 feet of the
West One Half (1/2) of Tract 1, Golden Gate Estates Unit No. 3, as recorded In Plat Book
4, Page 77 of the Public Records of Collier County, Florida.
PROJECT NO. 63041
PROJECT PARCEL NO. 101 A
OR' 2601 PG' 3200 ***
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The Nodh 25 feet of the South 75 feet of the West One Half (1/2) of Tract
1, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77
of the Public Records of Collier County, Florida.
WEST PROPERTY LINE
NORTH PROPERTY LINE
330 FEET
EAST PROPERTY LINE
N
25 FOOT DRAINAGE, SIDEWALK, UTILITY
AND MAINTENANCE EASEMENT
........................... ~ ........................... EXISTING R/W LINE
/
I (EXISTING 50 FT. RRV EASEMENT) (GOLDEN GATE BLVD.)
PROPERTY LINE 1'
SOUTH
SCALE; 1 Inch = 100feel
Collier Counly Real Property Management Depaflmenl 06/26/98 11:54 Al