Parcel 223MEMORANDUM
~oard of Count~ ¢o~1~$ IO~l~
To:
From:
Date:
Subject:
Sue Filson, Administrative Assistant
Board of County Commissioners
Robert Texter
Real Property Specialist
Real Property Management Depadment
October 5, 1999
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcel: 223/Ellis
Attached you will find one (1) Easement Agreement for execution by
Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be
advised that Heidi F. Ashton, 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 99-286, Item
8(B)(6), dated June 22, 1999. 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.
Thank you.
Attachment as stated
PROJECT: Golden Gate Boulevard
PARCEL: 223
FOLIO: 36916200007
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between STEVE E, ELLIS, a/Ida STEPHEN E. ELLIS,
a/Ida STEVEN E. ELLIS and ANDREA ELLIS, 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
$4550.00 broken down as follows:
Easement
Temporary Driveway Restoration Easement
Improvements (If any)
3 Citrus Trees
$ 700.00
$ 100.00
~3600.00
$ 150.00
TOTAL: $4550.00
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
properly 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 dght 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 Easgment, 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 Propedies 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.
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 fines 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, Flodda
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Properties before the Propedies 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 o! Chapter 286, Florida Statutes.)
11. 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 al~ 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.
12. This Agreement is governed and construed in accordance with the
laws of the State of Florida.
I~.W. ITNESS WHEREOF, the partie/~ereto have executed this Agreement on
this,..~,//'Fday of ~///./~'/ ,19'Z-/.
Dated Project/Acquisition Approved by BCC: 4/28/98 Resolution No. 98-10Z
Dated Project/Condemnation Approved by BCC: 6~22~99 Resolution No. 99-286
AS TO PURCHASER:
ATTEST: -:
DWIGHT E. BROCK, Clerk
Att,st; iS to CI[~I~ark
stgnature on]I~
DATED:
W~ness (Signature)
(Print or Type)
BOARD O~MISSIONERS
COLLI ER'~:~)U NTY,. FLOR. I DA -
BY: /~.~"~'/~'
PA~MELA S. MAI~IE, Chairwoman
STEVE E. ELLIS, alk/a STEPHEN E. ELLIS,
alk/a STEVEN E. ELLIS
1775 Golden Gate Boulevard W
Naples, FL 34120
(Print or Type)
(Print or Type)
wryness
~Name:
(Print or Type)
1775 Golden GATE Boulevard W
Naples, FL 34120
PROJECT NO. 63041
PROJECT PARCEL NO. 223
(NOT A SURVEY)
The Nodh 15 feet of the South 65 feet of the West 180 feet of Tract 97,
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
180 FEET
WEST PROPERTY LINE
EXISTING ~ LINE
IGOr. DEN GATE BLVD.)
SOUTH PROPERTY LINE
EAST PROPERTY LINE
15 FOOT D~.INAGE, UTILITY
AND MAINTENANCE EASEMENT
(EXISTING ~0 FT. R/~ EASEMENT)
SCALE: I Inch · 100 feel
PROJECT:
PARCEL:
FOLIO:
63041
223T
36916200007
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
The West 30 feet of the East 73 feet of the North 20 feet of the South 85 feet of the
West 180 feet of Tract 97, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4,
Page 95 of the Public Records of Collier County, Florida.
PROJECT: Golden Gate Boulevard
PARCEL: 223
FOLIO: 36916200007
2549677 OR: 2606 PG: 0535
RECORDBD in OFPICIAL RECOI~D8 of COLLIER COUN?¥,
10/28/1999 at o3:16PM DWIGHT E. BROCK, CLBRK
CONS 4550.00
REC ~EE 19.50
INDEXING 1.00
COPIES t.00
Retn:
REAL PROPERTY
EX? 8991
IN?ER O~ICE
EASEMENT
THIS EASEMENT, made and entered into this c,O-~ day of ~ , 1999, by
STEVE E. ELLIS, a/Ida STEPHEN E. ELLIS, a/Ida STEVEN E. ANDREA ELLIS,
husband and wife, whose mailing address is 1775 Golden Gate Boulevard W, Naples, 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,
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 property has been acquired under
thraat of conde~nation an~ is sxernpt fr~.~n
documentmy stamp tax
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
CO) LIEF COUNTY, FLORIDA,
PURSUANl TO THE PROVISIONS
OF RESOLUTION NO. c~. ~..~,~ _
OR: 2606 PG: 0536
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
~V'E~ness
'(Sigq~tu~.e)
STE-"V'E E. ELLIS, a/k/a STEPHEN E, ELLIS,
~ ~..~-~..~ j~ al~a STEVEN E. ELLIS
Name:
~r~~ ~775 Golden Gate eoulovard W
~aplos, Fk 34~20
(Print or Type)
~VI'~T~S .~ ig r~ at6 re)._._
Name: ~ !ES~
(Print or Type)
(Print or Type)
ANDREA ELLIS
1775 Golden Gate Boulevard W
Naples, FL 34120
STATE OF ~---~_~, .
COUNTY OF
/~The,~ foregoing Easement was acknowledged before me this ~/~ day of
{///~ , 1999 by STEVE E. ELLIS, al~a STEPHEN E. ELLIS, ~a STEVEN E.
-, w~ is personally known to me or who has pr~ced ~. Z/c as identification.
(affix notarial seal)
(S~r~-°~'
(~rint ~amo of ~ota~ ~ublic)
~.¢}~o.. Liltian Jean Jourda~ NOTARY PUBLIC
~ ~ ~mmi~i~
~~ ~pires Ju~2l,~' My Commission Expires:
~r ATt.ANTIC 9ONDI~ CO..
OR: 2606 PG: 0537
STATE OF
COUNTY OF
/,-TThe,~ foregoing Easement was acknowledged before me this ~,~//" day of
U__~ , 1999 by ANDREA ELLIS, who is personally known to-me or who has
p,r.~'Uce~. /_ ~'c as
identification.
(affix notarial seal)
~i~tu~e a ~ot~u~ii~-
~?~ LiHian Jean JourdaN (Print Name of Nota~ Public)
%~E Expires Ju~21.~ NOTARY PUBLIC
~
~ m ~.~ ~o.o~co..~.
My Commission Expires:
*** O.R: 2606 PG: 0538 ***" ~
'PROJECT NO. 63041
~RoJ~:CT PARCEL NO. 223
EXHIBIT
LEGAL DESCRIPTION & SKETCH
(NO T A SURVEY)
The North 15 feet of the South 65 feet of the West 180 feet of Tract 97,
Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of
the Public Records of Collier County, Florida.
WEST PROPERTY LINE
NORTH PROPERTY LINE
180 FEET
EXISTING R/W LINE
EAST PROPERTY LINE
N
15 FOOT DRAINAGE, UTILITY
AND MAINTENANCE EASEMENT
r "' (EXISTING 50 FT. R/W EASEMENT)
(GOLDEN GATE BLVD.) T
SOUTH PROPERTY LINE
SCALE: 1 inch = 100feel
Collier Count7 Real Property Management Department
06/30/98 5:46 PM