Parcel 166TO:
FROM:
DATE:
INTEROFFICE MEMORANDUM
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Properly Specialist II ~ .
Real Property Management Department ..
September 24, 1999
SEP 2 1999
BOard of Count! C°~mfS$loner$
RE:
Golden Gate Boulevard, Parcel 166
Project 63041 (Gerlock)
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,
lg98, 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, Florida approved
acquisitions by gift,,.purchase or condemnation pursuant to Resolution 99-283,
Agenda item 8 B./~ dated April 2/~ 1999
Once the Agreements have been executed, please forward same to EIlie
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 Blvd.
PARCEL: 166
FOLIO: 368 t 5400005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between DENNIS J. GERLOCK AND SHIRLEY A.
GERLOCK, husband and wife, with rights of survivorship (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 road
right-of-way, sidewalk, drainage, utility 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 Owner desires to convey the Easement (hereinafter referred to as
"Property") to the Purchaser for the stated purposes, on the terms and conditions set
forth herein;
WHEREAS, the Owner desires to be compensated for the Property as well as any
improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the
conveyance of the Property 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 padies as
follows:
1. Owner shall grant Purchaser the Property in exchange for the sum of
$3,000.00, broken down as follows:
Easement $ 1,200.00
Improvements:
"Orchard Homes" sign $ 00.00
6 Hawaiian Ti plants $ 300.00
10 Parson Juniper $ 100.00
14 Annuals $ 140.00
Mulch $ 72.00
Earth Fill $ 240.00
Irrigation System $ 160.00
Bahia Sod $ 88.00
Rip Rap Rock $ 360.00
Electrical allowance ~
Total (Rounded) $ 3,000.00
Owner accepts the above compensation as full payment for the
Property, and for all landscaping, trees, shrubs, improvements and fixtures (including
but not limited to the "Orchard Homes" sign) located thereort, 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 WarranL
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 tho 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 Property 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, shall be provided Io 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 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 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 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 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 coud, 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 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 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
modgage(s) recorded against the Easement from the mortgagee(s).
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 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, Florida
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 Property, or any interest in 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 exhibit~ attached hereto, shall
constitute the entire Agreement and understanding of the parties, and there are no
other prior or contemporaneous written or oral agreements, undedakings, 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 Ag~'eement on
Dated Project/Condemnation Approved by BCC: 6L2.2L~
Dated Project/Acquisition Approved by BCC: ~L~.J~t~_~.~}~
AS TO PURCHASER:
DATE D: ~/~,/'"7 ~
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO'OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER~OUNTY, FLORIDA , .
BY:~
DATED:. ~
/?, ?/.
Witness (SiCnature)
Nam~,'
(Print or Type)
Dennis J. GerloCk
Witness (Signature)
(Print or Type)
Witness (Signature)
Name~ ,.',
(Print or Type)
,. ;-.t ./
Witness (Sig?tu. re)
Name: / ' , / ' ·
(Print or Type)
OFFIC OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
(NOT A SURVEY)
PROJECT NO. 63041
PROJECT PARCEL/40. 166
(10~ RO.W.)
GOLDEN GATE BOULEVARD
DESCRIPTION:
NORTH PRO~RT"f LINE
25 FOOT ROAD RIGHT OF
DRAINAGE, S DEWALK U'
& MAINTENANCE
:
I
I
:
I
?AY
LITY,
T 81
PROPERTY
15~ 18(7
'TL-__ 350~'T H pROpE. Ty i. ih~E
EXISTING RIGHT OF WAY LINE
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET OF
TRACT 81 LESS THE WEST 30 FEET THEREOF, GOLDEN GATE ESTATES
UNIT NO. 5 AS RECORDED IN PLAT BOOK 4. PAGE 91 OF THE PUBLIC
RECORDS OF COLLIER COUNTY.FLORIDA.
D~AWN 8¥
CHECKED BY
100' [ JULY 1~, '[998
F~.E NO.
GGBI~
SHEET 1 OF 1
Memorandum
TO:
FROM:
DATE:
SUBJECT:
MAUREEN KENYON, CLERK OF THE B~0~RD
JEAN JOURDAN, SENIOR SPECIALIS~~
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:
2601/2676-2678
cc: A.N. KORTI, PROJECT MANAGER, PUBLIC WORKS ENGINEERING
DEPARTMENT
PROPERTY APPRAISER'S OFFICE
REA L PROPER TY MA NA GEMENT DEPA R TMEN T
PROJECT: Golden Gate Boulevard
PARCEL: 166
FOLIO: 36815400005
.~ ,~.,.;, ,i. ?~;.~,, !, ~,~L: ,-~ ,~:~ ~
EASEMENT
254! 6 OR: 2601 PG: 2676
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY,
10/14/~999 at II:08AM DWIGHT E. BROCK, CLERK
CON~ 3000,00
R~C ~! 15,00
COPIlS 3.00
Retn:
R~AL PROPERTY
~X? 8991
INTER OPPIC~
THIS EASEMENT, made and entered into this /c~ day of ~/:~/'F/'~Z-~,(..' ,
lg~1¢/, by DENNIS J. GERLOCK AND SHIRLEY A. GERLOCK, husband and wife,
with rights of survivorship, whose mailing address is 100 27th Street SW Naples, FL
34117, 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 road right-of-way,
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, remove all landscaping, trees, shrubs, improvements
or fixtures located thereon and take materials for the purpose of constructing, operating
and maintaining road right of way, 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.
~W~l~e~g ~a~ re)~
ame~~ d-
/~/,.ri n,t o r/~/p/~
)~it~s~ (Si~,a ,t~ ~..
Name:/_,/~i~/~ ~
(Print or Type)
5e~is J. g~l'ock '
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMM!SSTONERS,
C01~ ~rp 'n~ NTM, -, n~
FURSUAN] TO THE PROV[S[0NS
OF RESOLUT]0N NO. ~-~/'~,'~ -
OR: 2601 PG: 2677
Page 2
Name. ',~:~:~- ~_~.
.~rint or Type)
Name: ~,/~/~ ~' (Priht or Type)
erlock
~?oe tillian Jean Jourdan
~o 4[~ ~,C0mmissi0~ # CC 753113
%~ Expires June21 2~2
'~ BONDE '
~ ')rcv~ ~ D THRU
' , I, ~NTiC 80NOING CO. ~N(
COUNTY OF ~;/// C /
STATE OF ~.
COUNTY OF <3o//, ~-~
The foregoing Easement was acknowledged before me this ,~,~ day of
_~p~/e~./3,~',' , 1999, by Dennis J. Gerlock, who is personally known to me or who has
pr(Affix o'duced notarial/~f seal) Z,( as identification..~~. ..,
(Print Name of Notary)
Commission #
My Commission Expires:
The foregoing Easement was acknowledged before me this .~,~ day of
~d,:?/~,,~'-, 1999, Shirley A. Gerlock, who is personally known to 7ne or who has
produced
(Affix notarial seal)
~,~74,e LIIIlan Jean Jourdan
-~ ~i %Commission # CC 7531
~ ~ ~ E~ir~ June 21, ~0
" ' ATlaNTIC 8OND~NG CO, ~C
as identification.
- //(§ig n atu re Df¢~ ota ry)_/~//
(Print Name of Notaw)
Commission fl
My Commission Expires:
Prepared b ~."'~'~,,~
Robert N. Za~ha~ry/Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
OFF ,CE-OF CAPITAL
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
(NOT A SURVEY)
PROJECT NO. 6304"
PROJECT PARCEL NO. 166
(1 oo' R.O.W.)
GOLDEN GATE BOULEVARD
L EXIST. 50'R\W ASEMENT'
WEST PROPERTY LINE---"
25 FOOT ROAD RIGHT OF
DRAINAGE, SIDEWALK, U"
& MAINTENANCE EASEME
TRA(
VAY
ILITY,
~T
T81
EAST PROPERTY UNE
150'
L330'
SOUTH PROPERTY LINE
180'
NORTH PROPERTY LINE
.~'~ EXISTING RIGHT OF waY LINE
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET OF
TRACT 81 LESS THE WEST 30 FEET THEREOF, GOLDEN GATE ESTATES
UNIT NO. 5 AS RECORDED IN PLAT BOOK 4, PAGE 91 OF THE PUBLIC
RECORDS OF COLLIER COUNTY,FLORIDA.
DRAWN BY CHECKED BY
SCALE DATE FILE NO,
1" · 10~ JULY 1~, 1998 GGB166
SHEET 1 OF 1