Parcel 292 & 293 & 294MEMORANDUM
TO:
FROM:
RE:
DATE:
Sue Filson, Administrative Assistant
BOARD OF COUNTY COMMISSIONERS
Wilma Iverson
Senior Property Specialist
Real Property Management Depadment
Golden Gate Boulevard - Parcel 292,293 & 294
April 27, 1999
Attached you will find two (2) Easemen~ Agreements 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 documents.
The Board of County Commissioners of Collier County, Florida approved the acquisition
by gift or purchase in Resolution 98-107, Item 16(b)(1), dated April 28, 1998.
Pursuant to 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 III, 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.
Attachments as stated
PROJECT: Golden Gate Boulevard
PARCEL NO: 293
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hcreinaflcr referred to as the "Agreement") is made
and entered into by and between MARCIA F. PRICE AND SttARON PATTERSON, Tenants in
Common, (hereinafter collectively referred to as "Owncr"), and COLI.IER 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,
& maintenance, over, under, upon and across the lands described in Exhibit "A" (said easement
hereinafter referred to as the "Property"), w~hich 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 ofTen 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:
!. Owner shall convey the Properly to Purchaser for the sum of $500.00, payable by County
Warrant (said transaction hereinafter referred to 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.
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 and acceptable to Owner.
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, 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.
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. 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 intan:;ible taxes, and recordimz
Easement Agreement
Page 2
o
for any curalivc 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 Easetnent of the mortgage(s) recorded against the
Property from the mortgagee(s).
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.
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, 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 thc provisions of Chapter 286, Florida
Statutes.)
This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WItEREOF, the parties hereto have executed this Agreement on this
dayof t~..~ ,
Date Property acquisition approved by BCC: 4/28/98
AS TO PURCHASER:
DATED: .~d~~/
ATTEST
DWIGHT E. BROCk, Clerk
'Attest is
signature onl$.
AS TO OWNER:
BOARD OF COUN'I Y COMMISSIONERS
COLLIER COUNTY, FLORIDA
~am~la S'. M~c'K'ie, C~ai~'w~'n
/
DATED:
Witness (Signature)
Name: ~.--;,~
.,..4....... (Print or Type)
,d '
Witness (Signature)
Name:
(Print or Type)
Mar~:ia[F. l;rice
Address: w)~//
Easement Agreement
Witfleas (Signature)
(Print or Type)
Wimms (Si~ature)
(Print or T~c)
Approved to form and
legal sufficiency
haeidi F. Ashton
Ass|$tant County Attorney
Page 3
Sharon Patterson
NO. 63041
PARCEL NO. 293
LEGAL D ESC RIPT!~KET_C.J::I
(NOT A SURVEY)
The Nodh 15 feet of the South 65 feet of the East 180 feet of Tract 104,
LESS the East 30 feet thereof, Golden Gate Estates Unit No. 10, as
recorded in Plat Book 4, Page 101 of the Public Records of Collier
County, Florida.
· t~RTH PROPERTY L~I~E
15 FOOT DRAIt,IAGE. UTIL
AND MAINTENAhlCE EASEMENTIL~ .............
(GO[DEN GATE BLVO ) r
]OFTI
I
I
~ EAS_....~T PROPERTY LINE
I
I
EXISTING RAN LINES
N
PROJECT: G. G. Blvd.
PARCEL: 292 & 294
FOLIO: 37018120000 &
37018200001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between Daniel W. Banning and Kimbedy S. Banning,
husband and wife, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Flodda, 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 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 AT-I'ACHED EXHIBIT "A", which is incorporated herein by reference;
WHEREAS, the Purchaser requires a perpetual, non-exclusive Temporary
Driveway Restoration Easement over, under, upon and across the lands, for
reconstructing the driveway, described as follows, to wit:
The West 30 feet of the East 40 feet of the South 30 feet of the North 105 feet of the
East 75 feet of the West 150 feet of Tract 119, Golden Gate Estates Unit No. 9, as
recorded in Plat Book 4, Page 99, of the Public Records of Collier County, Florida.
WHEREAS, the Owner desires to convey the Easement and the Temporary
Ddveway Restoration Easement to the Purchaser for the stated purposes, on the terms
and conditions set forth 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 Properties.
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
$3,800.00, broken down as follows:
Easement $ 1,200
Temporary Driveway Restoration Easement $ 100
Improvements (If any) ~?.~,5~
TOTAL:
$;3,800
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 !~ss than Owner's entire
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 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 Propedies.
At closing, Purchaser shall deliver the County Warrant to Owner and
Owner shall deliver the Properties to Purchaser in an instrument acceptable to
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 Records of
Collier County, Florida, clear any and all 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 Propedies, 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 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.
6. 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.
7. 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 Properties 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.
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 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 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 curativo 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.
1 1. If the Owner holds the Properties in the form of a partnership, limited
partnership, corporation, trust or any form of representative ~'apacity 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 State of Florida.
IN WITNESS~NHEREOF, the parties hereto have executed this Agreement on
this ~,~., day of ~ , 19-~.
Dated ProjectJAcquisition Approved by
BCC: 4/28/98
AS TO PURCHASER:
DA'q'ED:~
A rEST
?W GHT E. BROCF;
AS TO OWNER:
WITNESSES T~ BOT~I
N~. (Print, orlype)
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
Witness (Signature)
Name:
(Pdnt or Type)
Pamela S. Mac'Kie, C/~rwoman
D'~nie~ w. Banning
Kimbedy S. Bar~ning
Approved as to form and
legal sufficiency:
Iqeidi F. Ashton
Assistant County Attorney
MEMORANDUM
TO:
FROM:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
WlLMA IVERSON, SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT DEPARTMENT
DATE: August 23, 1999
RE:
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
Parcels: 292 & 294
Attached you will find one (1) Amendment to 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 or purchase in Resolution 98-107, Item 16(b)(1), dated April 28, 1998.
Pursuant to 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
instrument 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 99-292, Item 8(b)(7), dated June 22,
1999.
Once the Amendment to Agreement has been executed, please forward same to EI!ie
Hoffman, Records Technician III, 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.
Attachments as stated
PROJECT: G. G. Blvd.
PARCEL: 292 & 294
FOLIO: 37018120000&
37018200001
AMENDMENT TO AGREEMENT
TH~S AMENDMENT TO AGREEMENT entered into this ,~./-//,,~--~, day of
, 197,9 by and between Daniel W. Banning and Kimbedy S.
Banning, husband and wife, hereinafter referred to as the "Grantor", and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns,
hereinafter referred to as the "County."
WITNESSETH
WHEREAS, the County and Daniel W. Banning and Kimbedy S. Banning, husband and
wife, have previously entered into an Agreement dated April 28, 1999; and
WHEREAS, the County and Daniel W. Banning and Kimbedy S. Banning, husband and
wife are desirous of amending said Agreement; and
NOW THEREFORE, in consideration of the covenants and agreements provided within
the said Agreement dated April 28, 1999 and Ten Dollars ($10.00) and Other Valuable
Consideration, the said Agreement is hereby amended as follows:
1. Paragraph 1 of the Agreement is hereby deleted in its entirety and the following
provision is substituted in its place:
Owner shall grant Purchaser the Properties in exchange for the sum of $4,525.00
broken down as follows:
Easement $1,300.00
Temporary Driveway Restoration Easement $ 100.00
Improvements $3.125.00
TOTAL: $4,525.00
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 that Owner's entire property was taken, and
for all other damages in connection with the conveyance of said Properties to
Purchaser.
Paragraph 3 of the Agreement is hereby deleted in its entirety and the following
provision is substituted in its place:
This Agreement shall be null and void, and of no further force or effect, unless closing
shall occur within one hundred eighty (180) 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, propedy executed
which either remove, release or subordinate any and all such liens, encumbrances or
qualifications 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.
Page 2
Amendment to Agreement
Daniel & Kimberly Banning
Except as expressly provided herein, the said Agreement between the County and
Daniel W. Banning and Kimbedy S. Banning, husband and wife remains in full force
and effect according to the terms and conditions contained therein, and said terms and
conditions are applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, Daniel W. Banning and Kimbedy S. Banning, and County
have hereto executed this Amendment to Agreement the day and year first above
written.
AS TO THE OWNER
DATED: ¢¢!~o l ~
WITNESSES:
(Signature) ~
~-,,'~ ~ ,~- \ ,., .5.
, (Sign atu_.~)
/~ (Prin!ed Name)
(Signature)
,~~Printed Name)
· , (Signatu_~)
(Printed Name)
Daniel W. Banning
AS TO THE COUNTY:
DATED:~ZCz/),~
!
,.~,l, hiJ' fi,t
-"~7~1' E S T: i":.:: ' i.~¢.'.'
pWlGHT, E);¢Rd~K, Clerk
~ ':~: .... :. '~'L:~L.~.;i~-,'"
~~~Put9 Clerk
slgnatur~ ~1~.
Approved ns to form
nnd legnl sufficiency:
H e~C-'d~ F.~A~h[on
Assistant County Attorney
BOARD OF C~.~.LLt4q::~-60~MISSIONERS
BY: .~- "~,'.f,Z~ ..// /'~ .
TO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffrnan
Records Technician III
Minutes & Records Management
Cindy Erb
Real Property Speci ,aq/tst II
Real Property Management Department
March 14, 2000
Golden Gate Boulevard Improvements
Collier County Project No. 63041
In closing some files, we have found some original recorded Easements that have not been sent
to your office.
Please find attached one (1) original recorded Easement for the following parcel:
Parcel 293
Price/Patterson
The Board of County Commissioners of Collier County, Florida approved the acquisition by gift,
purchase or condemnation in Resolution 99-289, Item 8(b)(7), dated June 22, 1999.
Please contact me if you have any questions or comments at 8991.
Thank you.
Project: G. G. Blvd.
Parcel: 293
Owner: Price/Patterson
EASEMENT
2 2393 OR: 2568 PG: 1363
RECORD~u in OFFICIAL RECORDS of ¢OLLIgR COUNTY, FL
07/08/1999 at 03:36PM DWIGHT E. BROCK, CLERK
CONS 500.00
REC ~EE 10.50
DOC-.70 3,50
C0PIR$ 2,00
Retn:
REAL PROPER~
EXT 8991
INTER OPPIC~
THIS EASEMENT granted this':~lO clx day of f}Q~t~.[ , 190/~, by Marcia F. Price and
Sharon Patterson, tenants in common, whose mailing address is 5051 Palmetto Woods Drive, Naples,
Florida 34119, 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 ($10.00) and other valuable consideration
paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys,
grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege
for drainage, utility, and maintenance purposes, on the following described lands located in Collier
County, Florida, to wit:
The North 15 feet of the South 65 feet of the East 180 feet of Tract 104, less the East 30
feet thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101, of
the Public Records of Collier County, Florida.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon
said land, place, excavate, and take materials for the purpose of constructing, operating, and
maintaining drainage, and utility facilities thereon. Grantor and Grantee are used for singular or
plural, as the context requires.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above writt, tt.t.t.~. ,.~
SE~O~ WIT~S~ignat~e)
(Print Name)
RgT IT fi fiie)- -
(~~me)
~E~O~ WIT. S S
(Print Name)
Sharon Patterson
TNIS CONV[YANC[ ACCEPT£D BY
BOARD OF' COUNTY CO~,~$iSSlON£RS,
COLLLER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO 6/~-..>J~ _
OR: 2568 PG: 1364 ***
Page 2
STATE OF
COUNTY OF
The foregoing Easem~t~~fl~~~e this j.~5 _-'day of
Marcia F. Price, who 's~onally kn.o, wn..t~o m.e.~as produced
· ' 'on.
,199_~_, by
(Affix notarial seal)
~>~ ~ Commi~im No. CC ~83~ ~
~} '*;~' My Co~ion ~p. 02/2712~1 ~:
(Signature of Not'firy) /
(Print Name of Notary)
Commission #
My Commission Expires:
STATE OF
COUNTY OF
The foregoing Easement..qL.was-ael, mo-~--d'befgre me this /c.3 ~aY-~'~
__ of
Sharon Patterson, who i~(personally know.n_to m.e 'o~ who has produced
~_ as iden~.
(Affix notarial seal)
.~ ~,~,,v Pt/~ Wilma J. Iverson ~
¥ ~'~#'~, Notary Public, Smt~ of Florida ~!
~ '~'o~.~ My Comnusmon Exp. 02/27/2001~
(Sign. a~r.e of No~___a~
(Print Name of Notary)
Commission #
My Commission Expires: