Parcel 126Memorandum
TO:
FROM:
Sue Filson, Administrative Assistant
Board of County Commissioners
Hope Brack, Real Property Specialist
Real Property Management Department
DATE: January 18, 2000
RE: Pine Ridge Road, Parcel 126
C & E Love, Inc.
RECEIVED
JAN 2 0 2000
Board of County Commissioners
Attached you will find one (1) Easement Agreement for execution by Chairman
Timothy J. Constantine 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 of Collier County, Florida approved
acquisition by gift, purchase or condemnation pursuant to Resolution 98-228,
Agenda Item 8.B.5, dated May 11, 1999, 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.
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: Pine Ridge Road
PARCEL: 126
FOLIO: 29520002909
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between C & E LOVE, INC., a Florida corporation
(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of
the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires a perpetual, non-exclusive Sidewalk, Utility and
Backslope Easement over, under, across and upon the lands described in Exhibit "A",
which is attached hereto and made a part of this Agreement, (said easement hereinafter
referred to as the "Property"); and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, under the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property to Purchaser.
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:
Owner shall convey the Property to Purchaser in exchange for the sum of
$49,062.00, payable by County Warrant, said transaction hereinafter referred to as
"Closing." Said payment shall be full compensation for the Property conveyed,
including all landscaping, trees, shrubs, improvements and fixtures located
thereon, and for any damages resulting to Owner's remaining lands, and for any
and all other damages in connection with the purchase of said Property.
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida.
This Agreement shall be null and void and of no further force or effect unless
Closing shall occur within sixty (60) days of the date Purchaser executes this
Agreement; provided however, that Purchaser, at its sole discretion, may extend
the term of this Agreement indefinitely pending receipt of such properly executed
instruments which either remove, release or subordinate any and all liens,
encumbrances and/or qualifications which might interfere with Purchaser's
enjoyment of the Property.
The Purchaser shall pay for all costs of recording the conveyance instrument. All
other Costs associated with this transaction including, but not limited to, transfer,
documentary and intangible taxes, and 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 obtaining and recording of Releases and Subordinations
of liens recorded against the Property.
Easement Agreement Page 2
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 County; 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 County, that the
seller 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.
=
Owner shall indemnify, defend, save and hold harmless the County against and
from, and to reimburse the County 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 County by reason or arising out of the breach of
owner's representation under Section 5. This provision shall survive closing and is
not deemed satisfied by conveyance of title.
=
Conveyance of the Property, or any interest in the Property, by the Owner is
contingent upon no other provisions, conditions, or premises other than those so
stated above; and this written agreement, including all exhibits attached hereto,
shall constitute the entire agreement and understanding of the parties, and there
are no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
o
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.
o
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. (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.)
10. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
11.
This Easement Agreement and the terms and provisions hereof shall be effective
as of the date this Easement 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
assignees, whenever the context so requires or admits.
Easement Agreement Page 3
IN WITNESS WHEREOF, the parties hereto
Agreement on this ~ day of -'~'~,.,?;,~,,,~, ,
have executed this Easement
Property acquisition approved by BCC pursuant to Resolution No. 99-228.
AS TO PURCHASER:
DATED:~
...,' ~. '!i.:A/TEST:
.--".'~-'" .:??DWIGHT E. BROCK, Clerk
~ "~' "'.'~ ...... ':'~' .'": ' Deputy Clerk
,,,,~'~.,, :~;%;.,%.-~ .,,'
st.qnature onl,~.
AS TO OWNER:
~WJ~,SES:
(Signature)
(Printed Name)
BOARD OF CO_Q~ISSIONERS
COLLIER C(Z:IUNTY, FLORIDA
BY:'Ti~y o. c~tantlne, Chairman
C & E LOVE, INC.,, a Florida corporation
BY:
(Print Full Name)
(Pdnt Corporate Ttitle, i.e., President or Vice President)
Approved as to form and
legal s,uf~cien~;y:
Robert ZaC'~ary
Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 60111.
PROJECT PARCEL NO,126
fee simple title
::2) ~ i1-..-- BUFFER EASEMENT
On,' ~1 II TRACT 4
" PARCEL 126
Z 227'
2O7'
TAX PARCELNO .....................................
Folio: 29520002909
CROSSROADS MARKET AT THE VINEYARDS
P.B. 20, PCS. 7 & 8
~32'
TRACT "D"
PINE RIDGE ROAD C.R. 896
150' R\W
DESCRIPTION PARCEL: 126
THE SOUTH 10 FEET OF TRACT 4, OF THE PLAT THEREOF, CROSSROADS MARKET
AT THE VINEYARDS, AS RECORDED IN PLAT BOOK 20, PAGES 7 & 8, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 2210 SQUARE FEET OR 0.051 ACRES MORE OR LESS.
GENERAL NbTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP.= TOWNSHIP
5) RGE, = RANGE
6) RNV = RIGHT OF WAY
PREPARED B .. ~...;;f...: ;, ;.....
·,'O~TE '
PROFSSS~ONAL ~NO.SU ~V~YOR-~L: ~E~: ~.~4~
COLLIER COUN~GOVERNMENT. COMPLE~ ..
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SE~ALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY
NOT TO SCALE OCTOBER 27, 1998
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
SHEET1 OF1
MEMORANDUM
TO:
FROM:
DATE:
RE:
Maureen Kenyon
Clerk of Courts
Hope Brack
Real Property Specialist
Real Property Management
(941) 774-8991/fax (941) 774-8876
February 11, 2000
Recorded Easement/Parcel #126
Hi Maureen,
Enclosed please find the original copy of the Easement for the above referenced parcel which has
been recorded.
Please call me with any questions.
Thank you.
cc: Property Appraiser
Micah Massaquoi, PWED
PROJECT: Pine Ridge Road
PARCEL: 126
THIS CONVEYANCE ACCEPTED BY THE BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, PURSUANT TO THE PROVISIONS OF
RESOLUTION NO. 99-228
2589382 OR: 2637 PG: 2491
RECORDED in OFPICIAL RECORDS of COLLIRR COUNTY, ~L
02/03/2000 at 02:59PM DWIGHT E. BROCK, CLERK
CONS 49062.00
R~C ~ 15,00
COPIES 3,00
Netn:
8991
EASEMENT
THIS EASEMENT, made and entered into this J~'g'/~ay of ~ ~__ 19~,
byC & E LOVE, INC., a Florida corporation, whose mailing address is"'(~065 Pine Riddle Road
Naples, Florida 34119 (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami
Trail, Naples, Florida 34112, its successors and assigns (hereinafter referred to as
"Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" are used for singular or
plural, as the context requires, and. include all the parties to this instrument and their
respective 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 to construct, install, operate and maintain any
and all manner of sidewalk and utility facilities, and to construct a fill slope over, under,
across and upon the following described lands located in Collier County, Florida, to wit:
See attached Exhibit 'A' attached hereto and incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter
upon said lands and to deposit and/or remove soils, rock and vegetation for the purpose of
constructing, installing, operating, and maintaining sidewalk and utility facilities thereon.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
WITNESSES:
(Signature)
(Print Full Name)
C & E LOVE, INC.,
4°xLx
(Print Full Name)
(Print Corporate Title, e.g., Pres. / Vice Pres.)
This property has been acquired under
th~.~:.~, of cor'x~?,,mr~a~on ~:~d is exempt from
documentary stamp ~x
OR: 2637 PG: 2492
EASEMENT- Page 2
STATE OF
cOUnTY Of
The foregoing Easement was
~~t~?._ , 19..~_, by
E Love, Inc.,, who:
~ is personally known to me
acknowledged, before
me this
'~ ~ day of
, on behalf of C &
OR
produced
(affix notarial seal)
,¢ as proof of identity.
(Signature of Notary Public)
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
Prepared by:
Robert N. Zachary, Esqulr®
Office of the County Attorney
3301 East Tamlami Trail
Naples, Florida 34112
(941) 774.-84(X)
*** OR' 2637 PG' 2493
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 60111.
~ ~ PROJECT PARCEL NO. 126
EXHIBIT TAX PARCEL NO .....................................
Folio
29520002909
CROSSROADS MARKET AT THE VINEYARDS
P.B. 20, PGS. 7 & 8
~ 232'
,
LU --'-- 20'P-'- BUFFER EASEMENT
:::D ~ TRACT 4
~ b TRACT "D"
On~ ~ I
Q' ~-- I O~,~-x~',''"~ PARCEL 126 ,
<
;
/
Z
V~' 227'
.~,., -.---- 10'
207'
PINE RIDGE ROAD C.R. 896
150' R\W
DESCRIPTION PARCEL: 126
THE SOUTH 10 FEET OF TRACT 4, OF THE PLAT THEREOF, CROSSROADS MARKET
AT THE VINEYARDS, AS RECORDED IN PLAT BOOK 20, PAGES 7 & 8, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 2210 SQUARE FEET OR 0.051 ACRES MORE OR LESS.
/ /
GENERAL NOTES ': ....
_ /¢ ,, ".,, ri['~'
1) P.O.C. = POINT OF COMMENCEMENT ,: - ...? ,~ . ..
...-.DATE ................
2) P.O.B. = POINT OF BEGINNING PREPARED B ..... /. ..... /; '/'
3) SEC. = SECTION v GEORGE R. RICHMOND l~i i.' : "'", .... '.
· t,~' c~ ~;,t././. ,f'' i:'.-'
4) TWP. = TOWNSHIP PROFESSIONAL LAND.SURVEYOR-F,L.'; BEG: ~ 2406.:
5) RGE. = RANGE .... '-.'.."' ¢ -' "' ,'
PUBLIC WORKS ENGINEERI~(~ DEP;T;:':
6) R/W = RIGHT OF WAY ' .....",', :' ,: "'i .-'.,-. ."
COLLIER COUNTY GOVERNMENT. COMPLEX ,--
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAiL : '-'"
8) NOT VALID UNLESS SIGNED AND S~ALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO 8C/~.LE OCTOBER 27, 1998 PR126 SHEET 1 OF