Parcel 260Memorandum
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician III
Minutes & Records Management
SRUOePani A. Mott
ervisor
1 Property Management Department
June 7, 2000
Golden Gate Boulevard Improvements
Parcel 260/Ruzicka
Collier County Project No. 63041
Ellie, attached please find one (1) ro__Jgil~ Easement Agreement for the above referenced
project.
The Board of County Commissioners of Collier County, Florida approved the acquisition by gift
or purchase in Resolution 96-396, Item 16(b)(4), dated September 3, 1996.
Please contact me if you have any questions or comments at 8991.
Thank you.
attachment as stated
PROJECT: G. G. Blvd.
PARCEL: 260/Ruzicka
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between Joan Ruzicka, f/k/a Joan M. Gierczak, a married woman
(hereinafter singularly or collectively 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 an Easement over, under, upon and across the lands
described as follows, to wit;
The North 15 feet of the South 65 feet of the East 150 feet of Tract 35, Golden
Gate Estates, Unit No. 10, according to the plat thereof as recorded in Plat Book
4, Pages 101 and 102, Public Records of Collier County, Florida (hereinafter
referred to as the "Property") for road right-of-way, sidewalk, drainage, utility, and
maintenance purposes, and
WHEREAS, the Owner desires to convey the Easement to the Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the
Easement over, under, upon, and across 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 are hereby
mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall grant Purchaser an Easement over, under, upon, and across the Property in
exchange for the sum of $450.00 as full payment for the Property interest(s) taken and for
removal or destruction of landscaping, trees, shrubs, improvements and fixtures, and for any
damages resulting to the remainder, if less than the entire property was taken, and for all other
damages in connection with said Property.
2. Purchaser shall pay Owner for the Easement by County Warrant.
3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and
that, therefore, said closing shall occur within sixty (60) days of the execution of the Agreement
by Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver an easement to Purchaser in a form 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 Property, 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 Property. Such instruments shall be provided to Purchaser on
or before the date of closing.
5. Conveyance of the Easement, or any interest in the Property, by the 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 agrees to indemnify the Purchaser for any costs, expenses or fees asserted
against, imposed on or incurred by Purchaser (including attorneys' fees) directly or indirectly,
pursuant to or in connection with the application of any federal, state, or local or common law
relating to pollution or protection of the environment. The provisions hereof shall survive the
closing.
8. The Purchaser shall pay for all costs of recording the easement. 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.
9. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form &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.)
10. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF: the parties hereto have executed this Easement Agreement on
this f~r '~day of ~;<,~f/ , 1997.
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
ATTEST
vwm t $. Br{ocr;.. CNk
WITNESSES:
~liril~ Nan~e) - t
SECO,~.I~, TNESS (Signature)
,36 ¥ ,_q A yck-
(Print Name~
BOARD OF COUNTY COMMISSIONERS
C OLLIF.,ILC OUNTy, FLOR]I) A.~ .~
~VIOTHf.,~. 15~AlqC~D~K, Chairman
J~c~a, f&daOoan M. Gierczak
Page 3
STXm O~ ~ ~
Th~ foreg9ing Easement Agreement was acknowledged before me this &~ day of
.~,,~ c_v.~.c_~a, , 1997, by Joan Ruzicka, f/k/a Joan M. Gierczak, a married woman, who is
personally known to me or who has produced L',~..~._ as
identification.
(Affix notarial seal)
(Signature~f Notary)
(Print NameOf Notary)
Commission #
My Commission [xpires: