Parcel 814/J. & S. JesellaTO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Real Property Spec,ialist II
Real Property Management Department
May 11,2000
County Barn Road - Parcel #814 - James and Susan Jesella
Please find attached one (1) orio_inal recorded Drainage Easement and one (1)
ori_oinal Easement Agreement for the above referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
by gift or purchase pursuant to Resolution 96-356, Agenda Item 16 B 6, dated August
13, 1996.
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
cc~
Mike Marquis, PWED w/attachments
Tax Appraiser's Office w/Drainage Easement only
Inventory File w/Drainage Easement only
Office of the Real Property Management Department
PROJECT:
PARCEL:
FOLIO #:
County Barn Road
814
21962000101
2630929 OR: 2671 PG: 3455
RgCOgD~D ~n OPPICIAL R~CORD$ of COLLIER COUNTY,
05/04/2000 at 02:13PM DMIGHT g. BROCK, CLBR[
¢0N8 2500.00
git ~l! 15.00
DOC-.?0 17,50
COPIB8 3.00
Retn:
REAL PgOP~R?¥
kit 8991
DRAINAGE EASEMENT
THIS EASEMENT, made and entered into this ,~ day of ~'~,ffa,,,/t/ ,2000, by James
J. Jesella, joined by his spouse Susan D. Lasky-Jesella, whose mailing address is 2828 County Barn
Road, Naples, Florida 34112, as Grantor, and Collier County, a political subdivision of the State of
Florida, having a mailing address of 3301 East Tamiami Trail, 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 to enter
upon and to install and maintain drainage and utility facilities 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, and remove 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 plesents to be ex~ the date and
year first/~bove writt/qlX
~3'~S2~-.g?I~NES~'a~tu~e) - /Jffmes J. Jet~lla/
(P~rint Name) ,,~
"E 0- qU ITNESS (Signat.re)
(Print N~..n~) .
~/I'f~T~WI ~NE ~d~ i gh ~tt,u~d)
J&a ;,v/,q,,/'
~-ECON~ WITNESS (Signature)
(Print Dame)
//Su~an D. Lask'~-Je~elfa~k~ '
OR: 2671 PG: 3456
STATE OF
COUNTY OF
The foregoing Drainage Easement was acknowledged before me this /,,-X~/r~ day of
'~u/} £? ,2000, by James J. Jesella, who is personally ~o~ to me or who has produced
. Li~ as identification.
(Affix notaria, seal) ~2_~~~
_~,~o~ Lilliafl 3Dan ~ourdan (Print Name of Nota~)
~ c-o C0mmissi~ · CC 7~113
~ ,~
~,~ , BONDEDIHRU My Commission Expires:
Lillian Jean Jourdan
Commission # CC 753113
.~ Expires June 21, 2002
3 LANITIC E!ONOINO~ CO, iNC
STATE OF
COUNTY OF
The foregoing Drainage Easement was acknowledged before me this ,/a:ff/'/J day of
'~,~,u'~; ~"-/ , 2000, by Susan D. Lasky-Jesella, who is personally known to me or who has
produced '/"~,~. /_.;C. as identification.
(Affix notarial seal)
~'('~ i~'~ture of Not~fl'
(Print Name of Notary)
Commission #
My Commission Expires:
NOT TO SCALE
5111
EXHIBIT""
W. LAMAR EVERS, PLS
PROFESSIONAL LAND SURVEYOR
8TH AVENUE S.W, NAPLES, FLORIDA
*** OR: 2671 PG: 3457 ***
· SKETCH OF' DESCRIPTION
SHEET 1 OF 1
Lot
I
I
35999
N. Sg'IO'44"W.
Northeast corner of
A~bright Acres 8~
Book
21, Page 5
N. 89'OS'52"W.
Lot 2
I
I
N. 89'O6'52~W.
25.(
NOTE: Exisitng Road
6: Drainage £aseme~
DESCRIPTION OF 25' DRAJNAGE EASEMENT
The West 25.00 feet of the East 50,00 feet of Lot 2, Albright Acres, as recorded in Plat Book 21 at page 58 of
the Publie Records of Coltier County, Florida.
Said easement contolnlng 4,218.19 square feet, more or less.
GENERAL NOTES
1) P.O.C, indicates Point of Commencement.
2) P.O,B, indicates Point of Beginning.
3) Sea, lndioote~ Seation.
6) ~ distances .are. ~ln feet and decimals thereof.
7) Beadnge* ~ 'b~pd ,ep. ~e centerline of County Barn Road as being S. 0~36'55'E.
,',,',.., > .~, :,~1;.~,,,. '~,
',,';P ," ~d/.,'~/
; ,'. ,. ~' ~ ~:;~',~' ', . PLS
)' ' "'~/ "q I' ." "~ "J
II~ ,.~.".. , ~ ~,:,.' ,' j,
THIS IS ONLY A SKETCH
BY: El~: ~ECT:
WLE ~g 7P J2 10/14/94 COUN~ BARN~ ROAD
Rev. - 5/22/95
Rev. 3/e/95
RLE NO.:
A-0397-32
PROJECT:
PARCEL:
FOLIO #:
County Barn Road
814
21962000101
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between James J. Jesella joined by his spouse Susan D.
Lasky-Jesella, whose mailing address is 2828 County Barn Road, Naples, Florida
34112, (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 purposes 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:
Owner shall convey the Property to Purchaser for the sum of $2,5/00~'.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.
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.
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.
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.
Easement Agreement Page 2
10.
11.
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.
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.
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.
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). The cost
of a title commitment shall be paid by Purchaser.
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 the provisions of Chapter 286, Florida Statutes.)
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
IN WITNESS WHERE.OF, the parties hereto have executed this Agreement on
this _..2.F,~tzlay of ~ ,2000.
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED:
-DWIGHT ~;~0~, Clerk
~--~~~;~~eputy Clerk
stgaa~u~e, ~13.' '
AS TO OWNER:
DATED: /-
(Print Name)
<Signature}
(Print a~e)
F UTN F nA pra)
(Print Name)
~ECON~ICNESS (Signature)
(Print N~me)
Approved as to form and
legal sufficiency:
Heidi F. Ashton, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER~DA
Ti o~y J. ~tant~i~ne, Chairman
f/ Jar¢eCJ. Jaella
.J-WSusan D.'L~sky-Jes(~- '
NOT TO SCALE
5111
EXHIBIT" IJ::'goJ ~CT
~t. LAHAR lEVERS, PLS
PROFESSIONAL LAND SURVEYOR
8TH AVENUE S.W. NAPLES, FLORIDA 5,3999
· SKETCH OF' DESCRIPTION
SHEET 1 OF I
No,'theost corner of
; vL.rlght Acres 8~
(Plat Book 21, Page 5
Lot 1
N.89'O6'52"W.
Lot 2
N.89'O6'52"W.
'NOTE: Exisitn
~ Drolnoge
DESCRIPTION OF 25' DRAINAGE EASEMENT
The West 25.00 feet of the East 50.00 feet of Lot 2, Albright Acres, as recorded in Plat Book 21 at page 58 of
the Public Records of Collier County, Florida.
Said easement containing 4,218.19 square feet, more or less.
GENERAL NOTES
I) P.O.C. indicates Point of Commencement.
2) P.O,B. indicates Point of Beginning.
3) $ec. indicates Section.
." .,';)~ .." (Jl..'(,;
,,* ..v ...,..,. i~l,'~'....'~, ,,:.. ',,Oate',_~-
W.!Lamp.r~'.Ever~;~P~ Z~;:, ~ ~
Ho~d.~,. Certlfico'(e, 1~.... 34§~:: ~'
t,i '/~'~ ','i J .'~\, ~, .' ~"~ .i~
~,..'. f,,.;~.'...,.~,", . .,,, '..:'
~' '""'":: THIS IS ONLY A SK~CH""~'-
Rev.~/~/95
~ R~ NO.:
BY: (EO FI~: DATE: ~ECT: ,
TO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb
Real Property Spegialist II
Real Property Management Department
July 11,2000
County Barn Road - Parcel ¢¢814 - James and Susan Jesella
Please find attached one (1) original recorded Drainage Easement and one (1)
original Easement Agreement for the above referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
by gift or purchase pursuant to Resolution 96-356, Agenda Item 16 B 6, dated August
13, 1996.
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
cc:
Mitch Momtaz, PWED w/attachments
Tax Appraiser's Office w/Drainage Easement only
Inventory File w/Drainage Easement only
Office of the Real Property Management Department
Re-record to provide for Board of County
Commissioners acceptance and to correct
~ubordination,~onsent and Joinder of
easement recorded on 5/4/00 at~671 p 3453.
PROJECT: County Barn Road
PARCEL: 814
FOLIO #: 21962000101
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO AGENDA, ~ ~/z,
9ATED: ~ ITEM NO. 1&[~){'6) DRAINAGE EASEMENT
2630929 OR: 2671 PG: 3455
RSCORDSD in 0FHCIAA RECORDS of COLLISR COONT¥, ~L
05/04/2000 at 02:13PH DWIGHT B. BROCK, CLERK
C0RS 2500,00
REC ~l! 15,00
D0C-,70 17.50
C0PI!S 3.00
Ret~:
ESAh PROPERTY
~XT 0991
IHTER O~[ICH
THIS EASEMENT, made and entered into this /-,.~/~' day of ~'/da,,';F-/ ,2000, by James
J. Jesella, joined by his spouse Susan D. Lasky-J¢sella, whose mailing address is 2828 County Barn
Road, Naples, Florida 34112, as Grantor, and Collier County, a political subdivision of the State of
Florida, having a mailing address of 3301 East Tamiami Trail, 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 to enter
upon and to install and maintain drainage and utility facilities 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, and remove 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 ex?~,d the date and
year firsJ, j3bove writt/e, lz
t-~tS~,~V/;TNE
(P~rint Name) .,~
SEC0-1qI~ITN'ES S (Signature)
(Print N~(
~ACO~ WITNg~S (~i~atur~)
(P nt ame)
/Su[an D. Lask'~-Je;eifa J(~ '
/2658273 OR: 2694 PG: 2466'"
IllCOrDeD in OfflCll~ HCO~S of CO~LIIR CO~I?I, ~
07/05/2000 at 03:03PN DWIGHT !. BROCL CLBRK
Retn:
~AL PROPBRTY
BIT 8991
OR: 2671 PG: 3456
OR: 2694 PG: 2467
COUNTY OF
The foregoing Drainage Easement was acknowledged before me this /,.~/~ day of
'~"ft~uf} R? , 2000, by Jmes J. Jesella, who is personally ~own to me or who has produced
O~. LiG as identification.
(Affix notafial seal)
(~2~fi~tur~ of Not~/~ -'~/f -
o,. LHl~an 3oan 3ourdan (Phnt Name of Nota~)
c~o C0mmissi~ · CC 7~113
BONO[DTHRU My Commission Expires:
' "~ AHTIC BONDiNg CO INC
STATE OF
COUNTY OF
The foregoing Drainage Easement was acknowledged before me this /r:ff/'~ day of
_'~u'~ ~'-/ , 2000, by Susan D. Lasky-Jesella, who is personally known to me or who has
produced '/~. Z.,'e_- as identification.
(Affix notarial seal)
~'~ i~tur e of Not~
(Print Name of Notary)
Commission #
My Commission Expires:
~?o<e Lillian Joan Jourdan
~ ~ ~'~, Commission # CC 753113
.~, ~ .~ Expires June 21, 2002
~~ BONeD THRU
' ' ]~..ANT C ~ONO N~ CO. NC
5111
EXHIBIT""
W. LAHAR EVERS, PLS
PROFESSIONAL LAND SURVEYOR
8TH AVENUE S,W. NAPLES, FLORIDA
· SKETCH OF' DESCRIPTION
SHEET '1 OF 1
OR: 2671 PG: 3457 ***
33999
N. 89'IO'44'W.
Northeast corner of
Albright Acres 8~
('Plat Book 21, Page 5
Lot I
N.89'O6'52'W,
25.01'
Lot 2
IV. 89'06'52' W.
25.01
NOTE: ExisitnE Road
~., Drainage £osemet
DESCRIPTION OF 25' DRAINAGE EA5E~ENT
The West 25.00 feet of the East 50.00 feet of Lot 2, Albright Acres, os recorded in Plat Book 21 at page 58 of
the Public Records of Collier County, Florida.
Said easement containing 4,218.19 square feet, more or less.
GENERAL NOTES
I,} P,O.C. Indicates Point of Commencement.
2) P.O.B, Indicates Point of Beginning.
3) Sea. indiaores Seation. - ' '
4) Twp. indlcotes Township.
5) Rge, Indicate~ Range. ' , .
6) All dletancea ore, ,in. feet and declmol~ thereof.
7) Bearings' ifi'e *b~e. 8 ~ep, ~e centerline of County Barn Rood as being S,~.~36 55 E. .
,.,,,.,.., ~. -,, ,,, ~ll~, .' ~,'
, ".,-;p .... (fl..'</, '~
/ :~' ~',. ~:.~ '~;~.. ~.... ,,,.~
',. ",, ".'b, 'h %' ",V.r.,' /
~%',.~".'. , "f (..~," ...,.
~'"'"":'~' ~';' THIS IS ONLY A SKETCH
WLE
FILE: DATE: ....
397P32 10/14/94 COUNTY 'BARN~ ROAD
Rov.- 5/22/95
Roy. $/8/95
FILE NO.:
A-0397-32
PROJECT:
PARCEL:
FOLIO #:
County Barn Road
814
21962000101
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between James J. Jesella joined by his spouse Susan D.
Lasky-Jesella, whose mailing address is 2828 County Barn Road, Naples, Florida
34112, (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 purposes 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:
Owner shall convey the Property to Purchaser for the sum of $2,5/00~'.00, payable
by County Warrant (said transaction hereinafter referred to as then'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.
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.
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.
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.
Easement Agreement Page 2
o
10.
11.
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.
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.
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.
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). The cost
of a title commitment shall be paid by Purchaser.
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 the provisions of Chapter 286, Florida Statutes.)
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Easement Agreement Page 3
IN WITNESS WHERE.OF, the parties hereto have executed this Agreement on
this _..ff.F~t. day of ~ ,2000.
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED:
'DWIGHt E. ~OC~, Clerk
ZT~~~~ o ¢u~y Clerk
gna~u~e, ~13
AS TO OWNER:
DATED: /-
(Print Name)
~E~ON~ITNESS (Signature)
(Print N~e)
(Print Name)
~ECON~I~NESS (Signature)
(Print N~me)
Approved as to form and
legal sufficiency:
Heidi F. Ashton, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER~DA
Ti~y J. O~tant~fne, Chairman
/'"' Ja~e~/J. Jesella
.~/-WSusan D. Lasky-Je.~-
NOT TO SCALE
EXt~BIT""
W. LAMAR EVERS, PLS
PROFESSIONAL LAND SURVEYOR
5111 8TH AVENUE S,W. NAPLES, FLORIDA
SKETCH OF' DESCRIPTION
SHEET 1 OF 1
N, 89'IO'44"W.
33999
No,'theost corner of
: y~.,right Acres 8~
(Plat Book 21, Page 5
Lot 1
N.89'O6'52"W,
Lot 2
N.89'O6'52~W.
25.~
NO TE:
&~ Orotnage
DESCRIPTION OF 25' DRAINAGE EASEMENT
The West 25.00 feet of the East 50.00 feet of Lot 2, Albright Acres, os recorded in Plot Book 21 at page 58 of
the Public Records of Collier County, Roddo.
Said easement containing 4,218.19 square feet, more or less.
GENERAL NOTES
1) P.O.C. indicates Point of Commencement. ·
2) P.O.B. indicates Point of Beginning.
3) Sec. indicates Section.
4) Twp. indicates Township.
5) Rge. indicates Ronge. *
6) All distances ore, ,in. feet and decimals thereof.
7) Beorfn'ge* i~e 'bo~e.d~e~l, the centerline of County Born Rood as being S. 00'36'55'E.
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