Parcel 153TO:
INTEROFFICE MEMORANDUM
DATE:
RE:
Sue Filson, Administrative Assistant
Board of County Commissioners
FROM: Jean Jourdan, Real Properly Specialist
Real Property Management Department
August 30, 1999
Golden Gate Boulevard, Parcel 153
Project 63041 (Pardo)
RECEIVED
AUG .3 I f 9!
~ard of Count:/ Commissioners
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 Commissioner 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,
dated June 22, 1999.
Once the Agreement has 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: (G. G. Blvd.)
PARCEL: 153
FOLIO: 36813000009
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between PEDRO PARDO and MERCEDES PARDO,
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 road
right-of-way, drainage, sidewalk, utility, and maintenance over, under, upon and across
the lands described in Exhibit "A", which is attached hereto and made a part of this
Agreement,
WHEREAS, the Purchaser requires a perpetual, non-exclusive Temporary
Driveway Restoration Easement over, under, upon and across the lands, for
reconstructing the driveway, described in Exhibit "B", which is attached hereto and
made a part of the Agreement, described as follows, to wit;
WHEREAS, the Owner desires to convey the Easement and the Temporary
Driveway Restoration 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 and the
Temporary Driveway Restoration Easement, as well as any, improvements located
thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Easement and the Temporary Driveway Restoration Easement (hereinafter
collectively referred to as "Properties") and for the improvements, over, under, upon,
and across the Propedies.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
(SI0.00), 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
$10,600.00, broken down as follows:
Easement
Temporary Driveway Restoration Easement
Improvements (If any)
Severance Damages
$1,100.00
$ 100.00
$1,800.00
$ 7,600.00
TOTAL: $10,600.00
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 Properties to Purchaser.
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 all properly 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 F~ecords of
Collier County, Florida, clear any and a!l encumbrances from the Easement. Such
instruments, including the Temporary Driveway Restoration Easement. shall be
provided to Purchaser on or before the date of closing,
5. 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 tho 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.
6. Owner is aware and understands that the "offer" to purchase
represented t)y 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 preser~tly 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 !aw violation
on any property contiguous to or in the vicinity of the Properties to be so!d to the
Purchaser, that the Owner has not received notice and otherwise has no knowled§e 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 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 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).
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 parties 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
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.)
12. This Agreement is governed and construed in accordance with the
laws of the Stale of Florida.
IN WITNESS WHEREOF. the padies hereto have executed this Agreement on
this , day of 19
Dated Project/Acquisition Approved by BCC: 4/28/98 16 (B) (1)
Dated Project/Condemnation Approved by BCC: 6/22/99 Res, NQ,
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF~ISSIONERS
AS TO OWNER. '. , '.
DATED:
Witness (Signature)
Name
(Print or Type)
/
Witnes's (Signaturg)
Name:
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
t
Witness (Signature)
Name:
(Print or Type)
Pedro Pardo
Mercedes Pardo
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
OFFICE OF CAPITAL
3301 EAST TAMIAMI TRAIL
(941) 774-0192
PROJECTS
NAPLES, FLORIDA 34112
SKETCH OF DESCRIPTION
(NOT A SURVEY)
PROJECT NO. 63041
PROJECT PARCEt. NO 153
DESCRIPT ION:
{100' R OW )
GOLDEfl GATE BOULEVAi~RD
390'
EXIST. 50'R\W ASEMEflT--
TR/~ ;T 48
i 330'~ -'
i
2S FOOT RO/~O RIOtfr O~-
DRAff,/AGE SIDEWALK (JTILI1Y,
& MAINTENANCE EASEr~EHT
150'
~1 E[A3T 180FEEF
LESS THE EAST 30 FEET
OF TRACT 48
EXISTIr,IG RIGHT OF WAy LtrlE
3(%
i
TIlE SOUTtI 25 FEE f OF fttE I'IORTll 75 fEET OF ;'lie EAST 183 FEE T
LESS THE EAST 30 FEEl' Ti'tEREOF OF TRACT 48, GOLDEt~ GATE ES'fATES
UtlIT r,lo. 5AS RECORDED IN PLAT BOOK 4, PAGE 91, OF THE PUBLIC
RECORDS OF COLI_IER COUtlTY, FLORIDA
.JULY 16, 1908 GGB153
ISHEET 1 OF 1
PROJECT: Golden Gate Boulevard
PARCEL: 153
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THE SOUTH 30 FEET OF THE NORTH 125 FEET OF THE WEST 20 FEET OF
THE EAST 50 FEET OF THE EAST 180 FEET OF TRACT 48, GOLDEN GATE
ESTATES, UNIT NO. 5, AS RECORDED IN PLAT BOOK 4, PAGE 91, 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~A~I3~'NT
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:
2599/377-379
2599/374-376
CC:
A.N. KORTI, PROJECT MANAGER, PUBLIC WORKS ENGINEERING
DEPARTMENT
PROPERTY APPRAISER'S OFFICE
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: g. G. BIva.
PARCEL: 153
FOliO: 36813000009
THMPO~RY DRIVHWAY RHSTO~TION HASHMHNT
' 0430 OR: 2599 PG: 0374
R~¢ORDED in O~I¢IAL RECORDS of ¢OLLIH COUNTY, FL
1~/~/1999 at 01:29PM DWIGH? E, BROCK, CL~RK
RISC FIIlt 15.00
DOC-, 70 .70
THIS EASEMENT granted this ~'7' day of .~T~-~/y , 19 fl, by
PEDRO PARDO and MEROEDES PARDO, husband and wife, whose mailing address
is 2910 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.)
WlTNESSETH 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 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 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 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
IN WITNESS WHEREOF, the GRANTOR has caused thee presents to
executed the day and year first above written.
/
FIRST WITNESS/¢,~ignatqre) Pedro~ardo ~"
(Print a ~)
S ECg~T~S (Signature)
(Pri~"°'"'e) -'T'" ""'
FIRST Wl¥~J~Signature)
(Pri~ Name) ~ ~ '
SECOND W TNE ?ign t.r )
(Print Name)
be
Merc-~des Pardo
THIS CONVEYANCE ACCEPTED BY 'THE
BO/~,r) r'~F,,,~,r'""J ...... " ....... "FRS,_
Of F,~SOLUT~rON ,'~0.
OR: 2599 PG: 0375
STATE OF ~/'~ ~' J~
COUNTY OF (~ o //, ~ ~z
The foregoing Temporary_.Driveway Restoration Easement was acknowledged before
me this /'?~ day of-<::::2~-'i),' ,1999, by Pedro Pardo, who is~lly known~o
me or who has produced as ide. cAificatiqn. /" --~..'\.
(Affix notarial seal) ~~-.., ~,~'
(Signature off Ngtery)'"'..~'~
(Print Name of Notary)
Commission #
My Commission Expires:
STATE OF "~-~/~ ~" "/~
COUNTY OF ~~(/,' ~
Angela Garcla
My Commission CC60539~
Expires December 4, 2000
The foregoing Temporary Driveway Restoration Easement was acknowledged before
.~e_~.~ . /'~_.__ day of~// , 1999, by Mercedes Pardo, ,~~sona~
~ me or who has produced as identification. \
(Affix notarial seal) /..
(Sign~ture ~f N~t~l~)¥/
(Print Name of Notary)
Commission #
~'; ~ ~ .
My Commlss~_'~*plre,~;,s Garcia
~ ~ ~. Expires December4, 2000
preoared by../~-~~*~
Robert N. Zachary, Esquir®
Office of the County Attorney
3301 East Tarnlami Trail
Naples, Florida 34112
{941) 774-8400
*** OR: 2599 PG:
0376
PROJECT: Golden Gate Boulevard
PARCEL: 153
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THE SOUTH 30 FEET OF THE NORTH 125 FEET OF THE WEST 20 FEET OF
THE EAST 50 FEET OF THE EAST 180 FEET OF TRACT 48, GOLDEN GATE
ESTATES, UNIT NO. 5, AS RECORDED IN PLAT BOOK 4, PAGE 91, OF THE
PUBLIC RECORDS OF COLLIER COUNTY FLORIDA.
PROJECT: G.G. BLVD.
PARCEL: 153
FOLIO: 36813000009
, ,0431 OR: 2599 PG: 0377
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, PL
10/06/1999 at Ol:29PM DWIGHT E. BROCK, CLERK
CONS 10600.00
t~C ~ 15,00
COPIES 3.00
Retn:
REAL PROPERTY
lX? 8991
INTER OPFIC~
dccumenta~ stamp t~
..... :'' :' EASEMENT
THIS EAS[Mfi~T, mado and ontorod into this /~t day of ~ ,
~0 ~, by ~RO ~RDO and ~RC~Dfi8 ~RDO, husband and~ wifo, whose
mailino addross is 2~0 Goldon Gato Boulovard Wost, ~aplos, FIodda 34~20, as
Grantor to COLLIER COH~TY, a political subdivision of tho Stato of Florida, whose
mailino address is 330~ Tamiami Trail East, ~aplos, Florida 34~ ~2, its succossors and
assigns, as Grantoo.
(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, 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
FIRST WITNESS (,~ignature)
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 prese~o be executed the
date and year first above written.
Pedro Pardo
sECONI~ ~i--'l'-N E~.,~ (Si~natu r~)
(Print Name) f~
THIS CONVEYAI~!CE ACCEPTED BY THE
B04, FS. n~-,,, £(~Ll?~-'~,.,,, ~? ....... 'FRS,
OF RESOLUTION NO. ' ,
OR' 2599 PG' 0378
FIRST WI'I~NF~S (Signature)
-;_;. ';. ,~ ~. ~',~.~ ~-'%
(~P rin~ ~-.c,. :.~
SECOND WITNESS (Signature)
(Print Name)
Met/cedes Pardo
STATE OF '~:::~ e ,'~ ~
COUNTY OF
Thee foregoing Easement was acknowledged before me this i'7 day of
~ o i~, , 1999, by Pedro Pardo, who is~onally~to me or who has
produced as identification ......
(Affix notarial seal)
(Si~natum~f N~)
(~rint ~ame of ~ota~)
Commission
My Commission Expiros:
STATE OF ~¢~.' '~[4 :"' ¢,t';,'('":'~.~-, ~? '~ An.el. Oarcia
..,;' :~,~.:,;~,~ ~ My Commission C0605395
COUNTY OF '~ ~///~ ~,~*.. Expires December4,20.
The foregoing Easement was acknowledged~his. /~ day of
~ ~ , 1999, by Mercedes Pardo, who ~ersonally kno~ ~who has
produce~ as identification.'~
(Affix notarial seal)
(Sign~tur~f
Not~'--,~
~5~/~ ~4~,~
(Print Name of Nota~)
Commission
My ~mission Expires:
~_ ~ ~' Angela Garcia
.; ~ . ,,,~.. o...=~.,,, ~00o
PreparedRobert N. bzy~y ,~Esqulr-'/~'~e~
Office of the County Attorney
3301 East Tarniami Trail
Naples, Florida 34112
(941) 774-8400
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
PROJECT NQ. 63041
(NOT A SURVEY)PROJECT PARCEL NO. 153
(100' R.O.W.)
GOLD E N GATE BOULEVARD i-~ NORTH PROPERTY lINE
330'
L EXIST. 50' R\W ! ASEMENT ~ EXISTING RIGHT OF WAY LINE
,
25 FOOl RO^D RIOHI O~
~R^INAG~, $1D£W^LK, IJIILI1 ¥,
i & MAINTENANCE EASEIENT
,.
,
i THE EAST 180 FEET
LESS THE EAST 30 FEET
I
OF TRACT 48
. I--
'
:
.'r:
' WEST PROPERTY LINE ~ '
I (7) ~ EAST PROPERTY LINE
TP~CT 48
:
i
i
~S0' lS0'
L330' SOUTH PROPERTY LINE
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST 180 FEET ~.
LESS THE EAST 30 FEET THEREOF OF TRACT 48, 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"= 100' JULY 16, 1998 GGB153 SH'EET 1 OF 1