Parcel 261ATO:
MEMORANDUM
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
RECEIVED
lq 1999
Ward of County
/
FROMt,,, ~"~NI'A. MOTT, SENIOR SPECIALIST
--~EAL PROPERTY MANAGEMENT
DATE: SEPTEMBER 14, 1999
RE:
GOLDEN GATE BOULEVARD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 63041
Parcel: 261A/Ionescu
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 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.
The Board of County Commissioners of Collier County, Florida approved the acquisition
by gift, purchase or condemnation in Resolution 99-288, Item 8(b)(7), dated June 22,
1999.
Once the Agreement has 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.
Attachment as stated
PROIECT: Golden Gate Boulevard/63041
PARCEL: 261A
FOLIO: 37062240004
EASEMENT AGREEMENT
TillS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement') is made and entered into by
and between ALEXANDRU IONESCU and ANICA IONESCU, llusband and Wlfe, (hereinafter referred to as
the 'Owner'), and COLIAER COUNTY, a political subdivision of the State of Florida, its successors and assigns
(hereinafter referred to as the 'Purchaser");
WtlEREAS. the Purchaser requires a perpetual, non-exclusive Easement for drainage, utility and
maintenance over. under, upon and across the lands described in Exhibit "A", which is attached hereto and made a
pan of the Agreement, described as follows, to wit;
SEE ATTAC-qIED EXtlIBIT "A", which is incorporated herein by reference;
WIIEREAS, 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:
SEE A'VFACIIED EXHIBIT "B", which is incorporated herein by reference;
WIIEREAS, the Owner desires to convey the Easement and the Temporary Driveway Restoration Easement
to the Purchaser for the stated purposes, on the terms and conditions set forth herein;
WttEREAS, the O~,mer desires to be compensated for the Easement and the Temporary Driveway
Restoration Easement. as well as any, improvements located thereon;
WttEREAS, thc Purchaser has agreed to compensate the Owner for the granting of the Easement and the
Temporary Driveway Restoration Easement (hereinafter collectively referred to as "Properlies") and for the
improvements, over, under, upon, and across the Properttes.
NOW THEREFORE, in consideration of these premises, the sum ofTen Dollars ($10.00), and other good
and valuable consideration, the receipt and suffictency of which are hereby mutually acknowledged, it is agreed by
and between the parties as follows:
follows:
Owner shall grant Purchaser the Properties in exchange for the sum of $1,400.00, bt,ken down as
Easement $ 600.00
Improvements S 700.00
Temporary Driveway Restoration Easement .$ 100.00
TOTAl.: $ 1,400,00
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 fi~r all other damages in connection with the conw yance 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 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 lhe County Wan'ant 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 Easement, the execution of such instruments that will, u~m their recording in the
Public Records of Collier County, Florida, clear any and all encumbrances from the Easement. Such instalments,
including the Temporary Driveway Restoration Easement, shall be provided to Purchaser on or before the date of
closing.
5. 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 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 dis~ Iosed 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 ora) 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.
Page'2
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 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 Easemenl 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.
I I. If the Owner holds thc 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
1o 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.
d WITNESS WIIEREOF, the parties hereto have executed this Agreement on this ,/O'a~Z;day of
.... 19 ~...
Dated~ct/Acqulsit]on Approved by
AS TO PURCHASER:
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO O~'ERS: Attest ~s to
signature
Witnes~nature) . ~
(Print or T~e)
Wime~ {Signature)
(Print or T~e)
W~e~ (Signamr~)
Namc~{
{Print or
Name: ~t'/~
(Print or T~e)
BOARD~ISSIONERS
ALEXANDRU IONL~CU
Address: 1341 Golden Gate Blvd. W.
Naples, FL 34120
ANICA IONESCU
Address: 1341 Golden Gate Blvd. West
Naples, FL 34120
Approved as to form and
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. 261A
EXHIBIT__~ ~,,
Page,,,~, of I, '
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The Nodh 15 feet of the South 65 feet of Tract 36, LESS the East One
Half (1/2) thereof, Golden Gate Estates Unit No. 10, as recorded in Plat
Book 4, Page 101 of the Public Records of Collier County, Florida.
,,'~ / WEST PROPERTY LINE
NORTH PROCERTY LP~E
165 FEET
, EAST PROPERTY LINE
N
15 FOOT DRAINAGE, UTILITY 'X~
EXISTING~ LINE . [ AND MAINTENANCE EASEMENT
............ _J ..... .~ :.'~ ' ' ';: '_' ';i'-'~:'£:;'£:~ ................. - ....
(GCX. DEN GATE BLVd.} J (E.,0STING 50 FT. R,/W EASEMENT)
SOUTH PROPERTY LINE t
SCALE: 1 Inch · 100 I'eel
Project: Golden Gate Boulevard/6304 I
Parcel: 261A
EXHIBIT "B"
TIIE EAST 30 FEET OF THE WEST 61 FEET OF THE NORTH 10 FEET OF
THE SOUTH 75 FEET OF TRACT 36, LESS THE EAST ONE H^LF (1/2)
THEREOF, GOLDEN GATE ESTATES UNIT NO. I0, AS RECORDED IN
PLAT BOOK 4, PAGE 101 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
Memorandum
TO: Ellie Hoffman
Records Technician III
Minutes & Records Management
FROM: ~ ~, To~ffA. Mott [ ..,~Supe~isor
~' ' Real Property Management Department
DATE: May 18, 2000
RE: Golden Gate Boulevard Improvements
Parcel 261A/Ionescu
Collier County Project No. 63041
Ellie, attached please find one (1) original recorded Easement and one (1) original recorded
Temporary Driveway Restoration Easement for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved the acquisition by gift,
purchase or condemnation in Resolution 99-288, Item 8(b)(7), dated June 22, 1999.
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
cc: N. Korti, Project Manager, PWED w/attachment
Tax Appraiser's Office w/attachment
Inventory File w/attachment
PROJECT:
PARCEL:
FOLIO:
GG Blvd.
261A/Ionescu
37062240004
EASEMENT
2634521 OR: 2674 PG: 3171
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
05/11/2000 at 02:48PM DWIGHT E, BROCK, CLERK
Retn:
REAL PROPERTY
EIT 8991
INTER OFPICE
CONS 1300,00
REC FEE 15,00
CC .... 3.00
THIS EASEMENT, made and entered into this ~ day of ~.~--- ,
19 ~q, by ALEXANDRU IONESCU and ANICA IONESCU, Husband~rid~ Wife, whose
mailing address is 1341 Golden Gate Boulevard West, Naples, Florida 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 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.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
Witr~~nature)
Nam'~.' ~')v, \ ~ ~ ~ '
j ~, (Print orT'y'pe) -'
Witness (S, !g~a/ture)
Name:
(Print or Type)
ALEXANDRU IONEISCU
Address: 1341 Golden Gate Blvd. West
Naples, FL 34120
tllmtt at condemnation and ls exempt from
OR: 2674 PG: 3172
Wit'f~ss (signature) - . ~"
Name:~, .'¢~-
.~ZP~i~t Or' Type)
Witness (Sio, nature)
Name: J/b7//~?t~.~ ~-'~'r.¢~,X''/
(Print or Type)
ANICA IONESCU
Address: 1341 Golden Gate Blvd. West
Naples, FL 34120
STATE OF , ~
COUNTY OF' ~
egoing Easement was acknowledged before me this ~:,~~ay of
, 1999, by ALEXANDRU IONESCU, who is personally known to me or
who has produced~bL. IJ.3o-o~-~'~o-,~¢'i-o as identification.
(affix notarial seal)
' '~o¢~ My C~i~n Exp. 0~27~1 ~I
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission Cf:
My Commission Expires:
STATE OF
COUNTY OF ~
going Easement was acknowledged before me this of
,1999, by ANICA ION_ESCU, who is personally known to me or who has
/.F~,~ -,~ ~., - .3" -o¢>~dentification.
(affix notarial seal)
(Signature of (4otary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission Cf:
My Commission Expires:
Prepared bz~ h~~squ~
Robert N.
Office of the County Attorney
3501 East Tamlami Trail
NaCes, Florida 34112
(941) 774-8400
PROJECT NO. 63041
PROJECT PARCEL NO. 261 A
~ ~: 3qo~,A;.qocoq
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The Nodh 15 feet of the South 65 feet of Tract 36, LESS the East One
Half (1/2) thereof, 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 RNV LINE
(GOLDEN GATE BLVD.)
165 FEET
EAST PROPERTY LINE
N
15 FOOT DRAINAGE, UTILITY
AND MAINTENANCE EASEMENT
(EXISTING 50 FT. R/W EASEMENT)
SOUTH PROPERTY LINE f
SCALE: 1 inch = 100 feet
Collier County Real Property Management Department 06/30/98 5:54 PM
PROJECT:
PARCEL:
FOLIO:
63041 (Golden Gate Blvd.)
261A/Ionescu
37062240004
2634522 OR: 2674 PG: 3174
RECORDED in O~FICIAL R~CORDS of COALIER COUNT?, ~L
05/11/2000 at 02:iSPM D~IGHT ~, BROCK, CLERK
CONS I00,00
RBC ~ 15.00
CO~I~ 3 ,~.
Retn:
TEMPORARY DRIVEWAY RESTORAI~I~RI0~JI~EMENT
THIS EASEMENT granted this ~.~ day of ~ef~ ,1~°/ , by
ALEXANDRU IONESCU and ANICA IONESCU, Husband and Wife, as Grantor, to
COLLIER COUNTY, a political subdivision of the State of Florida, 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 or assigns.)
WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby
acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary
Driveway Restoration Easement (Easement) to enter upon the lands described as
follows (the "Easement Area"):
See attached Exhibit "A", which is
incorporated herein by reference.
The Easement Area, which is adjacent to the Easement conveyed by the Grantor
to the Grantee, shall be used by Grantee for the purpose of filling, grading and placing
concrete, asphalt or rock, on the Grantor's lands for the purpose of constructing, with
materials of like kind, a driveway/turnout and/or to provide for continuous transition
between the existing driveway and the newly constructed road, sidewalk, and drainage
improvements on Golden Gate Boulevard. This Easement shall expire upon completion
of construction or August 31, 2004, whichever occurs first. However, if construction is
not completed by August 31, 2004, this Easement shall automatically extend to August
31,2005. Grantee shall use its best efforts to restore the existing landscaping, plantings
and light fixtures within the Easement Area to its original condition. Grantor and Grantee
are used for singular or plural, as the context requires.
THIS IS HOMESTEAD PROPERTY
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed the day and year first above written.
Witn'~ss (Sign, ature) __
Name.~t ~ ~l~_~
, (Print or Tyl~e)
Witness (Signature)
Name: /g~,'/,~' '~--'/--/¢/--r~,~/
(Print or Type)
ALEXANDRU IONESCU
Address: 1341 Golden Gate Blvd. West
Naples, FL 34120
Tills property has been acquired under
threat of condemnation and is exempt from
L..'"'; ' · · ·
witrYess ('gign'a}ure) --
Name:---~.O,~t'
(Print or Type)
Witness (Sig0 ,at. ure)
Name:
(Print or Type)
COUNTY OF ~
OR: 2674 PG: 3175
ANICA IONESCU
Address: 1341 Golden Gate Blvd. West
Naples, FL 34120
The forego..ing Temporary ,Dri,vewa, y Restoration Easement was acknowledged
before me this,;2,.-,z-- day of'=,¥-~F~,cd¢,~1999, by ALEXANDRU IONESCU, who is
personally known to me or who h~l'~ produced ':~D z, ,.oo -,~o,~--3'~->~'l]s identification.
(affix notarial seal)
? ~ ~ No~lic, S~ofHofi~ ',~'
'.g ~_~ C~ion No. CC ~S390
(Signature of N~ary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
STATE OF >,-~"~ -"
COUNTY OF ~
The foregoing Temporary, Driveway Restoration Easement was acknowledged before
me this _~.,,.A~_ day ~999, by ANICA I.O~NESCU, who is personally known
to me or who has produ~d ~/..-/~-~.-6~,-3~.-~As identification.
(affix notarial seal)
(Sign/ature of No(a/ry Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:.
My Commission Expires:
Prepared ~~squlr '
Robert N. ·
Office of the County Attorney
3301 East Tamlami Trail
Napt~s, Florida 34112
(941) 774-8400
Project: Golden Gate Boulevard/63041
Parcel: 261A
OR: 2674 PG: 3176 ***
EXHIBIT "[~"
THE EAST 30 FEET OF THE WEST 61 FEET OF THE NORTH 10 FEET OF
THE SOUTH 75 FEET OF TRACT 36, LESS THE EAST ONE HALF (1/2)
THEREOF, GOLDEN GATE ESTATES UNIT NO. 10, AS RECORDED IN
PLAT BOOK 4, PAGE 101 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.