Parcel 261BPROJECT: Golden Gate Boulevard/63041
PARCEL: 261B
FOLIO: 37062260000
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by
and between ALBERTINA CARDONA, a single woman, and TERRY N. ARCE, a single man, (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 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 perpetual, non-exclusive Temporary Driveway Restoration Easement
over, under, upon and across the lands, for reconstructing the driveway, 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 Temporary Driveway 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:
follows:
Owner shall grant Purchaser the Properties in exchange for the sum of $ 1,400.00, broken down as
Easement $ 400.00
Improvements $ 900.00
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 property 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 indefinitely, 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 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 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 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.
Page 2
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 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 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.
11. 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, 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 WHEREOF, the parties
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
DWIGHT E. BRO.~K,~lerk
~'/d4~/~D eputy ~rk
ature onll,
Wimess (Signature),
(Print or Type)
(Print or Type)
hereto
have executed this Agreement on this,~t$~; day of
BOARD O.~OUNTY COMMISSIONEg~
BY: I · /
PAMELA S. MAC'KIE, Chairwoman
ALBERTINA C/I~RDONA
Address: 1321 Golden Gate Blvd. West
Naples, FL 34120
Page 3
Wimess (Signa~re) ~
Name:/{/oo-/~_. ] /~t-/~
(Print or T~e)
Wimess (Signature)
(Print or Type)
Address: 1321 Golden ~3ate Blvd. West
/ Naples, FL 34120
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. 261 B
EXHIBIT_._ _
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY')
The NoAh 15 feet of the South 65 feet of the East One Half (1/2) of Tract
36, 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.
//~,/~/EST PROPERTY LINE
15 FOOT DRAINAGE, UTILITY
AND MAINTENANCE EASEMENT
(GOLDEN GATE BLVD.)
NORTH PROPERTY LINE
135 FT 130 FT
I
I
I
I
I
I
I
I
60 ft.
I
SOUTH PROPERTY LINE T
30 FT
EAST PROPERTY LINE
EXISTING R/W LINES
(EXISTING 50 FT. R/W EASEMENT)
SCALE: 1 inch = 100feet
Collier County Real Property Management Department 06130/98 5:55 PM
Project: Golden Gate Boulevard/63041
Parcel: 261B
EXHIBIT "B"
THE EAST 30 FEET OF THE WEST 55 FEET OF THE NORTH 30 FEET OF
THE SOUTH 95 FEET OF THE EAST ONE HALF (1/2) OF TRACT 36,
GOLDEN GATE ESTATES UNIT NO. 10, AS RECORDED IN PLAT BOOK 4,
PAGE 101 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
,~I E ~I O R A N D U M
TO:
FROM:
DATE:
RE:
Ellie tloffman
Records Technician II!
Minutes & Records Management
.jToni A. Nlott Senior Specialist
Real Property Management Department
September 20. 1999
Golden Gate Boulevard Improvements
('oilier County Project No. 63(')41
Ellie. attached please find one (I) ~ recorded Easement and one (I) original recorded
Temporary Drivcv,'av Restoration Easement for lhe above referenced project.
Thc Board of County Commissioners of ('oilier County. Florida approved the acquisition by gift.
purchase or condemnation in Resolution 99-288. Item 8(b)(7), dated .lune 22, 1999.
Please contact mc if yot, have any questions or comments at 8991~
l'hank you.
attachments as stated
cc: A.N. Korti, Project Manager, Public Works Engineering Department w/attachment
]'ax Appraiser's Office w/attachment
Tax Collector's Office w/attachment
Inventor)' File w,'altachment
PROJECT: GG Blvd.
PARCEL: 261B/Cardona & Arce
FOLIO: 37062260000
2527848 OR: 2588 PG: 1938
~CO~D~D In O~I¢IAL HCO~D$ o[ COLLII! ~OBIff, ~%
400.00
lit ltH
~T!R O?HC!
EASEMENT
THIS EASEMENT, made and entered into this · ~' day of /; } ~ t '
19 i , by ALBERTINA CARDONA, a single woma'n:'and TERRY'N. ,~RCE, a single
man , whose mailing address is 1321 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 Tam!ami 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 privi!ege for drainage, utility and
maintonance 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, 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
/~.~and year first above written.
Wiird.e'ss S~im'~tu~e) ~., --
Namer ~ ~
('~'rint o'r' Type)v`.
Witness (SignCure)
Name:
(Print or Type)
This prop~ h~s been acquir~ under
threat of ~nd~mnation and is ~empt from
d~men~ s~mp ~
...... ~.,.~,
ALBERTINA CARDONA
Address: 1321 Golden Gate Blvd. West
Naples, FL 34120
THIS CONVEYANCE ACCEPTED IIY-TtlE~J
EC,~I:D OF COUNTY COMM~'SST~RER~
r~'', '~p" .......... ~;n~ "'
FUkgL~tI~ T0 THE PR~V[SJ0NS
CF El.gLUT:ON N0. ~
I
Page 2
U a ~~'- ~._~.'~-,~
(P"~r~ or'T~;pe')' v, ..
Witness (,Sign'ature)
Name:
(Print or Type)
OR: 2588 PG: 1939
TER
Address: 1321 Golden Gate Blvd. West
Naples, FL 34120
STATE OF
COUNTY OF
The foregoing Easement was acknowledged before me this " day of
,' , 1999, by ALBERTINA CARDONA who is personally known to me or
who has .produced as identification.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
STATE OF
COUNTY OF
The foregoing Easement was acknowledged before me this,' day of
, ~ , 1999, by TERRY N. ARCE who is personally known to me or who has
produced ,- 9 ' · .,' - as identification.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
PROJECT NO. 63041
PROJECT PARCEL NO. 261B
EXHIBIT.. **
Page__L_ of._L_
OR: 2588 PG:
1940 ***
k EGAL_D_ E ~..C_ J~JP__T~_I~LS~ET_CJ:I.
(NOT A SURVEY)
The North 15 feet of the South 65 feet of the East One Half (1/2) of Tract
36, 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.
.,WE?t PR(~¢ERi'f LINE
15 FOOT [.~t':~AItJA(;E. UTILITY
(GOtDEt; G~.rE P. LVD )
PRO~)ERTY LINE
135 F'T 130 FT
SOUTH PROPERTY LL~IE J
~OFTI
EXISTING P~¥ LIt/ES
N
~XISIII'IG 50 FT, ~ EASEMENT)
SCALE: l inc, h = 100 leer
County Real Pro~¥ Man~ eme~l De~artmenl
o~rJ0/~8 5:55 PM
PROJECT: 63041 (Golden Gate Blvd.)
PARCEL: 2618
FOLIO: 37062260000
lit
TEMPORARY DRIVEWAY RESTORATI~PE~'~;~MENT
2527847 OR: 2588 PG: 1935
09/OililY! at 11:20AK DYIng? l. BEO¢I, Co!$
CO?I]~
THIS EASEMENT granted this -- day of ! ! r 19_~", by
ALBERTINA CARDONA, a single woman, and TERRY N. ARCE, a single man, 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 NOT HOMESTEAD PROPERTY
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed the day and year first above written.
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
This proper,"/ ha3 been acquired under
threat of conderr, net',on :nd is exempt
documen~ry ~p ~
. . .': .;
ALBERTINA CARDONA
Address: 1321 Golden Gate Blvd. West
Naples, FL 34120
THIS r OIIVFYANCE ACCEPTED BY THE
fiCt. rn ~F CO',;iTY COMMISSIONERS,
COL!. 'ER CCU;ITY, FLORIDA,
PUR?J~tiT TO THE PROy[SJONS
~.r PF~OLUTIO~I N0. ~
Page 2
Nam~
Witness (Signature)
Name:..~__
(Print or Type)
OR: 2588 PG: 1936
TERR~''z-''''-':
Address: 1321 Golden Gate Blvd. West
Naples, FL 34120
STATE OF
COUNTY OF
The foregoing Temporary Driveway Restoration Easement was acknowledged
before me this " day of ~__, 1999, by ALBERTINA CARDONA, who is
personally known to me or who has produced as identification.
(affix notarial seal)
(Signature of Notary 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 ~ day of ~m, 1999, by TERRY N. ARCE, who is personally known
to me or who has produced . 'as identification.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
EXHIBIT "A"
*** OR: 2588 PG: 1937 ***
THE EAST 30 FEET OF THE WEST 55 FEET OF THE NORTH 30 FEET OF THE
SOUTH 95 FEET OF THE EAST ONE HALF (1/2) OF TRACT 36, GOLDEN GATE
ESTATES UNIT NO. 10, AS RECORDED IN PLAT BOOK 4, PAGE 101 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.