Loading...
Parcel 237REAL PROPERTY MANAGEMENT DEPARTMENT RECEIVED SF_P 2 0 1999 ~oard of Cou~l:.~ Coe~issioners TO: FROM: DATE: RE: SUE FILSON ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS DEENA L. QUINN '~/'~ SENIOR SPECIALIST SEPTEMBER 20, 1999 GOLDEN GATE BOULEVARD IMPROVEMENT PROJECT: APPROVED ON JUNE 22, 1999, AGENDA ITEM #8B7 ROBERT D. SAVIDGE and ERLA MAE SAVIDGE, PARCEL 237 Attached for execution, please find one (1) Easement Agreement between Collier County and Robert D. Savidge and Erla Mae Savidge. Please note that pursuant to Resolution No. 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. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift, purchase or condemnation in Resolution #99-287, dated June 2, 1999. Please have the document executed by the Chairwoman of the Board of County Commissioners. The document can then be forwarded to Ellie Hoffman, Records Technician III, Minutes & Records ManagementJClerk of Courts, for attestation by the Clerk of Courts. Ms. Hoffman will then call me at extension 8991 for a copy of the document to be retrieved. Thank you. Attachment as stated ,! PROJECT: Golden Gate Boulevard PARCEL NO: 237 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between, ROBERT D. SAVlDGE and ERLA MAE SAVlDGE, husband and wife, (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 pad 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 (S10.00), 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 Properly to Purchaser for the sum of $600.00, payable by County Warrant (said transaction hereinafter referred to the "Closing"'). Said payment shall be full compensation for the Properly 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 driveway entrance only), when appropriate, 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. 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. Owner shall provide such instruments, properly 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 sixty (60) 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, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications 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. 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, sh;41 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. Easement Agreement Page 2 5. Owner ,s 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 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 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. 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 instrument 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 Property 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 Properly 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, 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.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Page 3 IN WITNESS oWHEREOF, the parties hereto have thisbe:),_ ~:t~day of ,~¢--_~,e,t-~ , 19~.'~ . Date Property acqumition approved by BCC: 6/22/99. Reselution No. 99-287 executed this Agreement on AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK. Clerk ., D.eputy Clerk Attes~c as signature cml./, AS TO OWNER: >~. ~, ..ATED: Witness (Signature! Name:] (Print or Type) Witness, (Signature) Name:/// , :f ' i (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY:Pamela S7 Ma~rKi~'', Ch~irv~ma'~- Robed D. Savidge , ;7 . Address: I[ '/ ~' 1.?,.,, ~;l .... (~ .... iiY :~'" V '., Witne§s (Signature) , Name:) .. :, ,~ ~, < \ ~ ',.:; (Print or Type) Witness (Signature) , Name//FI/7'/ 1' "'; ' ,t/" (Print or Type) Erla Mae Savidge Address: ~ -:' ,' ,', ',' ~ /~ :, ~LI ,'t~'f ,,.~,~.,~ ,', /., .~ -' '."~' ,~ Approved as to form and legal sufficiency. Heidi F. A~,hton Assistant County Attorney ,ECT NO, 63 · PROJECT PARCEL NO. 237 EXHIBIT "A" LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 180 feet of Tract 1, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, PaGe 101, of the Public Records of Collier County, Florida. NORTH PROPERTf title I FEET ',',EST PROPERTY LINE GOLDEN GATE BLVD. SOUTH PROPERTY L;~'~E T ,SCALE,: 2558244 OR: 2612 PG: 3258 RECORDED in OFfiCIAL RECORDS of COLLIER COUNTY, ~n 11/18/1999 at 01:36PM DWIGHT E. BROCK, CLERK CONS 600.00 RHC FHB 15,00 COPIHS 3.00 Retn: RHAL PROPBRTY EXT 8B9I INTER OFFICE PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 237 37060040002 EASEMENT THIS EASEMENT, made and entered into this.?dr day of O'<~ , 1999, by ROBERT D. SAVlDGE and ERLA MAE SAVlDGE, husband and wife, whose mailing address is 1628 Belvedere Road, Port Deposit, Maryland 21904, 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, 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, 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. This property, has been acquired unde? threat of conde, mna~.ion arid is exempt from documentary stamp tax THIS CONVEYANCE ACCEPTED BY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PRQVISIONS ,o. OR: 2612 PG: 3259 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESS: ~_~gna'tb ~e) (Printed N~me) (Signature) (Printed Name) ~ignature) (Printed Name) (Signature) (Printed Name) Robert D. Savidge Erla Mae Savidge STATE COUNTY OF The foregoing Easement was acknowledged before me this ~ ~ day of ¢ c~'- , 1999, by Robert D. Savidge, who is personally_ known t,o me or who has produced as identification. ,. ~"signature of ~z~ary Public) -, (Print Name of Notary Public) : NOTARY PUBLIC , " Serial/Commission #: '~ "' ' ' Commission STATE OF ~' ~v ~ ~ COUNTY OF ~ ¢~ ~_~ The foregoing Easement was acknowledged before me this ~ day of ~ ¢.¥ , 1999, by Erla Mae Savidge, who is personally known to me or who has produced as identification. (Signature Q~c,N'otary Public) ...,./ . NOTARY PUBLIC · ' '"' Serial/Commission #: :~ ;:; My Commission Expires: ' - . ' ' ' Robert N. Zachaty/Esqulr® '"-'.': "' ' Office of the County Attorney 33~01 East Tamlaml Trail Naples, Florida 34112 (941) 77~ PROJECT NO. 63 PRO3ECT PARCEL NO. 237 OR: 2612 PG: 3260 EXHIBIT "A" LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 180 feet of Tract 1, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101, of the Public Records of Collier County, Florida. NORTH PROPERTY LINE WEST PROPERTY LINE EXISTING PJW LINE GOLDEN GATE BLVD, 180 FEET EAST PROPERTY LINE N -- 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (EXISTING 50 FT. R/W EASEMENT) SOUTH PROPERTYLINE T SCALE: 1 inch = 100 leer Collier Coun~ Real Propart7 Management Deparlmant 06/23/98 12:2!