Parcel 106TO:
FROM:
DATE:
INTEROFFICE MEMORANDUM
RECEIVED
SEP 17 999
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specialist II
Real Property Management Department
e,~ar~ of County Commissioners
September 16, 1999
RE:
Golden Gate Boulevard, Parcel 106
Project 63041 (Long)
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 Commissioners 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 99-222,
Agenda item 8 B. 4., dated April 27, 1999
Once the Agreement has been executed, please forward same to Ellie Hoffman,
Records Technician Ill, 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: 106
FOLIO: 36761680005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between ALLEN L. LONG AND MARIA E. LONG,
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 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 to the Purchaser for the
stated purposes, on the terms and conditions set fodh herein;
WHEREAS, the Owner desires to be compensated for the Easement, as well as
any, improvements located thereon;
WHEREAS, lhe Purchaser has agreed to compensate the Owner for the granting
of the Easement (hereinafter referred to as "Properties") and for the improvements,
ovor, under, upon, and across the Propedies.
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
$1,000.00, broken down as follows:
Easement $1000.00
TOTAL: $1000.00
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 Owner's entire
property was taken, and for all other damages in connection with the conveyance of
said Propedies to Purchaser.
Page 2
2. 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 right to extend
the term of this Agreement, pending receipt of such instruments, propedy executed,
which either remove, release or subordinate any and all such liens, encumbrances or
qualifications 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, shall be provided to Purchaser on or before the date of closing.
5. Conveyance of the Properties, or any interest in the Properties, 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, undertakings, promises,
warranties, or covenants not contained herein.
6. 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.
7. 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 otherwise has no knowledge of
a) any spill on the Properties, 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.
8. 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 Section 7. This provision shall survive closing and is not deemed satisfied by
conveyance of title.
9. 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
mortgage(s) recorded against the Easement from the mortgagee(s).
Page 3
10. 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 padies hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees, whenever
the context so requires or admits.
11. 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, Florida
Statutes, under oath, of the name and address of ever7 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.)
12. This Agreement is governed and construed in accordance with the
laws of the State of Florida.
IN WITNESS ~/~HEREOF, the parties hereto have executed this Agreement on
this ~ day of ,~-t~-,.~,~_~_ , 19~,,~ .
Dated Project/Acquisition Approved by BCC: 4-28-98
Dated Project/Condemnation Approved by
BCC: 4-27-99 Res. No. 99-222
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
., , Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Page 4
AS TO OWNER:
V~TFe S.,~f~S'i'g n a t u r e), -,-
(Pj~t or Type))
ness (Sigo~r~
Name:Ac//, ¢/2 '~¢/~'~O/~-. I
(Print or Type)
Allen L. Long
wrtrless~J.~gnature) __
Name:"-~ ',J-
(.Britt or Type)...,
Name: '
(Print or Type)
Maria E. Long
Approved as to form and
legal sufficiency:
Robert Za ch"e fy"
Assistant County Attorney
PROJECT NO.
PROJECT PARCEL NO.
63041
106
(NOT A SURVEY)
The South 15 feet of the Nodh 65 feet of the West 150 feet of Tract 32,
Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of
the Public Records of Collier County, Florida.
(EXISTING 50 FT R/W EASEMEh~T ........ 1 ..............................
SOUTH PlaC~ERTY UNE
WEST PRO~[R TY LINE
EAST PROPERTY LIhE
N
150 FEET
SCALE: 1 inch · 100 leel
Coati+ Coun~f Rill P~of)en~ Manqemen! OepI~J~enl O~"'J~gB 1.Or PM
Memorandum
TO:
FROM:
DATE:
SUBJECT:
MAUREEN KENYON, CLERK OF THE BOARD
JEAN JOURDAN, SEN'OR SF~EC'AL'ST
FEBRUARY 15, 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:
2600/1573-1575
CCi
A.N. KORTI, PROJECT MANAGER, PUBLIC WORKS ENGINEERING
DEPARTMENT
PROPERTY APPRAISER'S OFFICE
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: Golden Gate Boulevard
PARCEL: 106
FOLIO: 36761680005
25,..132 OR: 2600 PG: 1573
RBCORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
10/08/1999 at, 02:42PN DWIGH'I' E, BROCE, CLBRE
CONS 1000.00
RBC FBE 15.00
COPIB$ 3,00
Retn:
REAL PROPBRTY
BZT 8991
INTER OFFIC8
EASEMENT
THIS EASEMENT, made and entered into this /~aday of ~~ ,
19 ~, by ALLEN L. LONG AND MARIA E. LONG, husband and wi~:whose mailing
address is 3835 1st Avenue Southwest, 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.)
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:
(~ o% Typ~
V~nes~-~S ~g na~/4.~
Name: ~-/~//~./~',/
(Print or Type)
AllenE'.-IZ.,3n~' '" ~
THE
OR:
2600 PG:
1574
Page 2
(Print or Type)
--VV~ess (Sign.at . ~,~!)/
Name: ~_,//Z~/~_-~v'~f'./-~ ,'-/
(Print or Type)
Maria E. Long
STATE OF
COUNTY OF
The foregoing EASEMENT was
acknowledged before me this /~,~/~'~ day of
, 1999, by Allen L. Long and is personally known to me or who has produced
(Affix notarial seal)
Lillian Jean Jourdan
Commission # CC 753113
~xpires June 21, ~2
BO"DEDTHRU
~,rl ~T~C 80NDING CO., INC.
as identification.
(Print Name of Notary)
Commission #
My Commission Expires:
The foregoing EASEMENT was acknowledged before me this,.--m/.3/'~ day of
~Z~:_, 1999, Maria E. and is known to who has
by
Long
personally
me
or
produced
~f_ ~.,~'. as identification.
(Affix n ota rial seal) ~~~,_~ _ ~~~
(Print Name of Notary)
Commission #
My Commission Expires:
Lillian Jean Jourdan
Commission # CC 753113
Expires June 21, 2002
BONDEDTHRU
m!' AN71C BONDING CO,. INC.
Prepared b F.~,,/
Robert N. Zachary', Esquire
Office of the County Attorney
3301 East Tamlami Trail
Naplss, Florida 34112
(~41) 774-8400
.PROJECT NO. 63041
PROJECT PARCEL NO. 106
2600 PG: 1575
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The South 15 feet of the North 65 feet of the West 150 feet of Tract 32,
Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of
the Public Records of Collier County, Florida.
NORTH PROPERTY LINE
(EXISTING 50 FT. R/W EASEMENT
EXISTING RNV LINE
WEST PROP"ERTY LINE
SOUTH PROPERTY LINE T
150 FEET
15 FOOT DRAINAGE, UTILITY
AND MAINTENANCE EASEMENT
EAST PROPERTY LINE
SCALE: linch = 100 feet
Collier County Real Property Management Oepartmenl
06/26/98 1;01 PM