Parcel 151INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specialist II ~. ~_../
Real Property Management Department/¢~'//~/¢//'1
September 14, 1999
RE:
Golden Gate Boulevard, Parcel 151
Project 63041 (Rizzo)
Attached you will find one (1) 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 Commissione~of Collier County, Florida approved the
acquisition 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, Florida approved
acquisition by gift, purchase or condemnation pursuant to Resolution 99-283,
Agenda item 8 B. 5., dated June 22, 1999
Once the Agreement has been executed, please forward same to Ellie Hoffman,
Records Technician !Il, 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.
At[achment:
PROJECT: Golden Gate Boulevard
PARCEL: 151
FOLIO: 36861940001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between LOUIS RIZZO AND ELlA R. RIZZO a/k/a ELlA
P. RIZZO, husband and wife, (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
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 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 "Propedies") to the Purchaser for the stated
purposes, on the terms and conditions set forth 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
$4,000.00 broken down as follows:
Easement
Temporary Driveway Restoration Easement
Improvements
$1,700.00
$ 100.00
TOTAL: $ 4,000.00
Owner accepts the above compensation as full payment for the
Properties, and for all landscaping, trees, shrubs, improveme.,~ts and fixtures located
thereon, 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 Properties to Purchaser.
2. Purchaser shall pay Owner by County Warrant.
3. This Agreement shall be null and void, and of no fudher 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 propedy executed instruments
affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver
the County Warrant to Owner and Owner shall deliver the Properties 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 Properties and all uses of the Properties
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 property contiguous to or in the vicinity of the Properties to be sold to the
Purchaser, that the Owner has not received notice and othervcise 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 Properties. 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 finos 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 Properties 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 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, 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 Properties, or any interest in the Propedies, 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 padies, 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 Agreement on
this ~::~L. day of ~-:" ,19~t~ .
Dated Project/Acquisition Approved by BCC: 4_L?~~~
Dated Project/Condemnation Approved by BCC: 6L~~
AS TO PURCHASER:
DATED:~~
ATTEST:
DWIGHT E. BROCK, Clerk
ltt,~t ~.~ ~'-~I~u~C~erk
DATED:~__
Name ~~-.~
(Print of' Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA ,
I-'ame a ~. ac le, L; alrwoman
Louis Rizzo
(Print or-,Type)
Name:~.
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
'~ROJECT NO. 63041
PROJECT PARCEL NO. 151
LEGAL D ES C RI PTION & SKETCH
(NOT A SURVEY)
The Nodh 15 feet of the South 65 feet of Tract 34, LESS the East 30 feet
thereof, Golden Gate Estates Unit No.6, as recorded in Plat Book 4,
Page 93 of the Public Records of Collier County, Florida.
WEST PROCERTY Lff~E
15 FOOT DRAINAGE. UTILITY AND
MAINTENANCE EASEMENT -~ 6Oft
T
I
_...]. EAST PROPERTY UNE
N
EX~ST!NG
LINES
(G(~DEN GATE BLVD I
SOUTH PROPERTY LltlE J
$CAL~.: l inCJ~ -' lO~ feet
Co~ C~ Reel P~d'/t~negeme~l CJeped;,~nedt
PROJECT: Golden Gate Blvd.
PARCEL: 151
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THE EAST 30 FEET OF THE WEST 190 FEET OF THE NORTH 25 FEET OF
THE SOUTH 90 FEET OF TRACT 34, GOLDEN GATE ESTATES UNIT NO. 6,
AS RECORDEO IN PLAT BOOK 4, PAGE 93, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
Memorandum
TO:
FROM:
DATE:
SUBJECT:
MAUREEN KENYON, CLERK OF THE BOARD
JEAN JOURDAN, SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT DE~~'
FEBRUARY 15, 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:
2600/1564-1566
2600/1561-1563
CC.'
A.N. KORTI, PROJECT MANAGER, PUBLIC WORKS ENGINEERING
DEPARTMENT
PROPERTY APPRAISER'S OFFICE
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: Golden Gate Blvd.
PARCEL: 151
FOLIO: 36861940001
Z5,42128 OR: 2600 PG: 1561
10/08/1999 at 02:42PK DWIGHT B. BROCK, CLBRK
RBC ~! 15,00
Retn:
RBAL PROPII?Y
El? 8991
IN?IR
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THIS EASEMENT granted this ,...O~ day of /'~z..,F . , 19~', by
LOUIS RIZZO AND ELlA R. RIZZO a~k/a ELlA P. Rl~ZOF-J~usband and wife, whose
mailing address is 2911 Golden Gate Boulevard West, Naples, FL 34120 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
($10.OO) and other valuable consideration paid by the Grantee, receipt of which is
hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a
Temporary Driveway Restoration Easement to enter upon the lands described as follows
(the "Easement Area"):
See attached Exhibit "A", which is
incorporated herein by reference.
The Easement Area, which is adjacent to the permanent easement conveyed by
the Grantor to the Grantee, shall be used by Grantee for the purpose of filling, grading
and placing concrete, asphalt or rock, on the Grantor's lands for the purpose(s) of
constructing, with materials of like kind, a driveway/turnout and/or to provide for
continuous transition between the existing driveway and the newly constructed road,
sidewalk, and drainage improvements on Golden Gate Boulevard. This Temporary
Driveway Restoration Easement shall expire upon completion of construction or August
31, 2004, whichever occurs first. However, if construction is not completed by August
31, 2004, this Temporary Driveway Restoration Easement shall automatically extend to
August 31, 2005. Grantee shall use its best efforts to restore the existing landscaping,
plantings and light fixtures within the Easement Area to its original condition. Grantor
and Grantee are used for singular or plural, as the context requires.
THIS IS HOMESTEAD PROPERTY
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed the day and year first above written.
WITNESSES:
NW~tmn~..s ~.7..,~s ($ig~a~/ur~_./,~/~
~7,~ ~,~/rint f'ype~
~itness~ture~ ~ /
THIS CONVEY~FCF
OF i,Lb',~uO iLxl ,,u.
,~rC~PTED BY THE
?
(Print or Type)
0I : 2600 PG:
1562
V~t~e s s (sig.~)~
Name: ~_///~'/~/?
(print or Type~)
(Print or Type)
Elia R. Rizzo a/k/a Elia P. Rizzo
STATE OF
COUNTY OF
The foregoing Temporary Driveway Restoration Easement was acknowledged before
me this -~'~ day of~~'v~"-1999, by Louis Rizzo and is personally known to me Or
who ha~ produced .~ as identification.
(Affix notarial seal) (~_ .... ~
t/(~oigr)atu re of/Nota~ .
(Print Name of NotarY*)~
Commission #
My Commission EXPires: /'
STATE OF
COUNTY OF
The foregoing Temporary_ Driveway Restoration Easement was acknowledged before
me this C--~_?/2 day of /'"/~,~- , 1999, by E!i.~ R. Rizzo a/k/a Elia P. Rizzo and is
personally ~nown to me o~-w~ has produced ~_.)_,~. ~.~ as identification.
(Affix notarial seal) ~ ;~/~/./~~//~~
~-' ~. ign.ature (;~ta~/) ,,~_~.~ ~
.,,¢~?,,<~ L,Ilian Jean Jourdan (Print Name of Notary)
~o. ~ ~Cornmissi0n # CC 753113
"A~ ~' Ex~ires June 21, 21X]2 Commission #
~;~'~,.,..'~i'~ BONDEDTHRIJ My Commission Expires:
'~: <~ ~,q'lC BONDING CO.. INC.
Prepared by:/~-'~~
Robert N. Zachary; E-~qulre
Office of the County Attorney
3301 East Tamlarnl Trail
N~ples, Florida 34112
(941) 774-8400'
*** OR: 2600 PG:
1563
PROJECT: Golden Gate Blvd.
PARCEL: 151
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THE EAST 30 FEET OF THE WEST 190 FEET OF THE NORTH 25 FEET OF
THE SOUTH 90 FEET OF TRACT 34, GOLDEN GATE ESTATES UNIT NO. 6,
AS RECORDED IN.PLAT BOOK 4, PAGE 93, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
PROJECT:
PARCEL:
FOLIO:
Golden Gate Boulevard
151
36861940001
EASEMENT
' 42129 OR: 2600 PG: 1564
10/08/1999 at 02:42PM D~IGHT B. BROCE, CLBRK
CONS 4000,00
RB¢ FB! 15,00
COPIES 3.00
Retn:
RHAL PROPHR?Y
8991
THIS EASEMENT, made and entered into this ~C.Q~day of//~'~r ,~. ·
19.~, by LOUIS RI770 AND ELlA R. RI770 a/k/a ELlA P. RIZ~.O:~sband and wife,
whose mailing address is 2911 Golden Gate Boulevard West, NaRes, FL 34120, 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 easement, 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 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 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.
WITNESSES:
Witness ~i nature)
Name:
~9~/' 'Yl~e)
Witness (Signatd;.e') //' /
Name: ~/~L~/'_
(Print o~ ype)
THIS C0NVIFY~,'r:F ACCEPTED BY
BO,'I' ~'~' ' '~ERS,
C~,
OF RESOLUTION NO.
OR: 2600 PG: 1565
Page 2
4E~77~__.._(Print or Typ..~)
(Print or Type)
Elia R. Rizzo a/k/a Elia ~-I~zo
COUNTY OF _~]i~-~.[D_~ ~.'r ~
The foregoing Easement was acknowledged before me this
1.1.1.~9, by Louis_Rizzo and is personally known to me
- ' ntification.
(Affix notarial seal)
O day of L_J~'"~
or ~v~o has produbed
(Print Name of Nota~) '
Commission ~
My Commission Expires:
Lillian Jean Jourdan
'~,Commissi0n # CC 7~113
Expires June 21, ~2
BONDEDTHRU
AT~NTIC BONDI~ CO., I~.
STATE OF
COUNTY OF ...... .
The f°reg°ing Easement was ackn°wledged ~sef°erersomneJ~itno~w~n~od~ °~r wh
1999, by ~ R. Rizzo a/k/a Elia P. Rizzo and ' p y
produced L~./-,~: as identification.
(Affix notarial seal)
/~"'/~g~' o,f,'3~')' -/~'_.~- --
(Print Name of Notary)
Commission #
My Commission Expires:
Robert N. Zachary, E'squb'e
Office of the County Attorney
3301 East Tamlami Trail
NaD!9~, Florida 34112
{~) 774-8400
'pROjEcT NO. 63041
PROJECT PARCEL NO. 151
OR: 2600 PG: 1566 ***
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of Tract 34, LESS the East 30 feet
thereof, Golden Gate Estates Unit No.6, as recorded in Plat Book 4,
Page 93 of the Public Records of Collier County, Florida.
,, NORTH PROPERTY LINE
WEST PROPERTY LINE
(EXISTING 50' RNV EASEMENT) /
SOUTH PROPERTY LINE T
EAST PROPERTY LINE
EXISTING
R/W LINES
(GOLDEN GATE BLVD.)
SCALE; I inch = lOOfeet
Collier Court/Real Property Management Department 03~31199 4:15 PM