Parcel 191MEMORANDUM
RECEIVED
OCT 2 7 1999
8oard of County Coemlsstoner$
To:
From:
Date:
Subject:
Sue Filson, Administrative Assistant
Board of County Commissioners
Robert Texter'~~''
Real Property Specialist I
Real Property Management Department
October 26, 1999
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcel: 191ILiu
Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S.
Mac'Kie concerning the above transaction. Please be advised that Robert Zachary, Assistant
County Attorney, has reviewed and approved the attached document.
The Board of County Commissioners of Collier County, Florida approved the acquisition by
gift, purchase or condemnation in Resolution 99-284, Item 8(B)(6), dated June 22, '!999.
Pursuant to the previous resolution 98-107, Paragraph 8, 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 Agreements have been executed, please forward same to Ellie Hoffman, Records
Technician Ill, Minutes and Records Management, for attestation by the Clerk to the Board.
Ms. Hoffman will then call me at extension 8991 for document pick-up.
Thankyou.
Attachment as stated
PROJECT: Golden Gate Boulevard
PARCEL NO: 191
FOLIO: 36912080001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between WILLIAM C. LIU and EMMA LIU, husband and
wife, an undivided one-half interest and RICHARD BAIERL and FRANZlSKA BAIERL,
husband and wife, an undivided one-half interest (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 easement for
drainage, utility and maintenance over, under, upon and across the lands described in
Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached
hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
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 is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property to Purchaser for the sum of $600.00, payable by
County Warrant (said transaction hereinafter referred to as the "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 all other damages in
connection with conveyance of said Property to Purchaser. Purchaser may install
drop curbing (for a ddveway entrance only), when apprcpdate, at a location that is
mutually acceptable to the parties. However, if the parties are unable to agree
upon a mutually acceptable location, then the Purchaser shall have the right to
install said drop curbing where Purchaser deems appropriate.
2. Pdor 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. Owner shall
provide such instruments, propedy executed, to Purchaser on or before the date
of Closing.
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 Property. At Closing,
Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the
conveyance instrument to Purchaser in a form acceptable to Purchaser.
4. 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.
5. 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
Easement Agreement Page 2
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.
6. 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 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Flodda. 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 secudng and recording a Subordination, Consent & Joinder of Easement
of the mortgage(s) recorded against the Property from the mortgagee(s).
8. 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.
9. 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 wdtten public disclosure, according to Chapter 286, Flodda
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,
Flodda Statutes, whose stock is for sale to the general public, it is hereby exempt
from the provisions of Chapter 286, Florida Statutes.)
10. Conveyance of 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 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.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ,~ .,,~CZ, day of .~ ,19..~,~ .
Date Property acquisition approved by BCC: 4/28/98 Resolution No. 98-107
Date Property condemnation approved by BCC: 6/22199 Resolution No. 99-2~
AS TO PURCHASER:
A'r'rEST: ·.
DWIGHT E. 'BROCK, Clerk
~tt~st as to
signature onl,f,
AS TO OWNER:
~Vitr{ess (Signature):
(PHnt or Type)
/~tness~naturo)~ - --
(PHnt or T~pe)
BOARD OF C~.UN-,~I~,Q~MISSIONERS
COLLIE%..N~,/, FLORIDA
P,~IELA S. M~KIE, ~l~air~von~an
WILLIAM C. LIU
PO Box 15364
Chevy Chase, MD 20825
With/es s (signature)
Na me: V~,~(.?. x.,~w
(Pdnt or Type)
(/Witness_.~ig.nature)t~, ~ ~
Name:~/E'A~VE
(Print or Type)
Witness (Sign~'uF'e)
Name: Bianca B~hme
(Print or -Type)
Witne~ (S~nat~r-e)-
Name: £vel~n 0ahtrnann
(Print or Type)
EMMA LIU
PO Box 15364
Chew Chase, MD 20825
RICHARD BAIERIL
PO Box 15364
Chew Chase, MD 20825
Easement Agreement
Page 4
Wibl. ess (Sig~f'ure)
Name: Btanca B~hme
(Printpr Type)
Witness (Signatu~'e)
Name:_. Evelyn Dahlmann
(Print or Type)
FRANZISKA BAIERL -
PO Box 15364
Chew Chase, MD 20825
Approved as to form and
legal sufficiency:
Assistant County Attomey
PROJECT NO. 63041
PROJECT PARCEL NO. 191
I~XHIBrr
(NOT A SURVEY)
'The North 15 feet of the South 65 feet of the West 75 feet of Tract 32,
Golden Gate Estates Unit No. 7, a~ recorded in Plat Book 4, Page 95 of
the Public Records of Collier County, Florida.
7S FEET
EAST PROPERTY LINE
N
__ EXISTING R/W LII~ I __15 FOOT DRAINAGE, UTILITy
OOLDEN C~T! I1.:'0, ' ' --' ' ' ' ' -- ''
SC. ALE: I inch · 100 I~t
2556399 OR: 2611 PG: 1416
RECORDED in OP~ICIAL RECORDS of COLLIER COUNTY, PL
11/15/1999 at 01:llPM DWIGHT E. BROCK, CLERK
¢0~$ 600.00
REC FEE 24.00
COPIES §.00
Retn:
REAL PROPERTY
EXT 8991
INTER OFFICE
PROJECT: Golden Gate Boulevard
PARCEL NO: 191
FOLIO: 36912080001
EASEMENT
THIS EASEMENT, made and entered into this ~ day of /~L,o3_ ~ , 19~_~._, by
WILLIAM C. LIU and EMMA LIU, husband and wife, an undivided one-half interest and RICHARD
BAIERL and FRANZlSKA BAIERL, husband and wife, an undivided one-half interest, as Estate by
the Entireties, whose mailing, address is PO Box 15364, Chevy Chase, MD 20825, 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 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, and take materials for the purpose of constructing, operating and maintaining
drainage, utility and maintenance 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.
This properb! has been acquired under
threat of cendemnation and is exempt from
documentary stamp tax
THIS CONVEYANCE ACCEPTED BYj THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PRO_VISIONS.
OF RESOLUTION NO. ·
OR: 2611 PG: 1417
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
WITNESSES:
witness (Signature)
Name: ~,~}/~;~
(Print or Type)
Na me. ~"~_~/./~
(Print or Type)
Wit~ress (Signature)
(Print or Type)
~iF~~ignatu ~e~
Name~~ /~,~~
(Print or Type)
Witness (SignatuCe)
Name: Bianca B6hme
(Print or Type)
Witness ~Si~n~turo~
~amo: [vel~n Bahlmann
(~dnt or lypo)
~itness (Si~t6ro)
~amo: B~anca BOhmo
(~rint or lype)
Wit~es~(Signatu~e) '
Name: Eve l~n Dahlmann
(Print or Type)
WILLIAM C. LIU
PO Box 15364
Chevy Chase, MD 20825
EMMA LIU
PO Box 15364
Chevy Chase, MD 20825
RICH~
PO Box 15364
Chevy Chase, MD 20825
FRANZISKA BAIERL
PO Box 15364
Chevy Chase, MD 20825
OR: 2611 PG: 1418
COUNTY OF
AThe foreg~oing
produced'-~r,~-o, .--, (
Easement
, 1999
(affix notarial, seal)
was me this ~ day of
by WILLIAM C. LIU, who is personally known to me or who has
as identification. . __
'(S~gnatur~ of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #
My Commission Expires:
acknowledged before
CI'~ISTA O. DALE
,~ ~m.n,.. ,~,,~,~ ,j~ MARYLAND
Count7 e~ Mon~flomery
My Commission Ex'pires f:eb'uary !, 2003
COUNTY OF _,'~,.~,~
/~.~/_.oregoing Easement
was acknowledged
before me this ~ day of
,1999 by EMMA LIU, who is personally known to me or wh6 has produced
as identification.
(affix notarial s~at)
(S~tg~ature of Notary Public)- '
(Print Name of Notary Public)
NOTARY PUBLIC CHmST~ O. DALE
NOTARY PUBLIC STATE OF MARYLAND
Serial/Commission # Cc, u.~ d M~:m~omery
My Commission Expires:My Commission Expires February 1, 2003
STATE OF Germany
COUNTY OF Ausburg
URNr. W 1529 / 1999
The ~regoing
October
(affix notarial seal)
, 1999
Easement was acknowledged before me this 13. day of
by RICHARD BAIERL, who is personally known to me, ct ';:hc hoc
(Signature of Nota~ Public)
Dr. Fritz Wust
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #
My Commission ~. [ s
Permanent
OR: 2611 PG: 1419
STATE OF Germans
COUNI~(OF Augsburg
URNr. W 1530 / 1999
The foregoing
October
Easement was acknowledged before me this 13. day of
,1999 by FRANZISKA BAIERL, who is personally known to me. cr '.vhc .~---
(affix notarial seal)
(Signature of Notau Public)
Dr. Fritz Wust
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #
My Commission ~ i s
Permanent
Robert N.
Office of the County Attorney
3301 East Tamlaml Trail
Naples, Florida 3411;~
(941) 77.4-840~
PROJECT NO.
PROJECT PARCEL NO.
63041
191
ilXHIBIT
*** OR: 2611 PG: 1420
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the West 75 feet of Tract 32,
Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of
the Public Records of Collier County, Florida.
NORTH PROPERTY LINE
WEST PROPERTY LINE
75 FEET
/
EXISTING RRV LINE ,
GOLDEN GATE BLVD,
SOUTH PROPERTY LIN~:
EAST PROPERTY LINE
N
15 FOOT DRAINAGE, UTILITY
AND MAINTENANCE EASEMENT
(EXISTING 50 FT. R/W EASEMENT)
SCALE: 1 inch = 100feet
Collier Coumy Real Property Management Department
06123/98 11:57 AM