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Parcel 358To: From: Date: Subject: Memorandum MAUREEN KENYON, SUPERVISOR MINUTES AND REWORDS HOPE BRACK REAL PROPER~TY SPECIALIST SEPTEMBER 21,2000 AGENDA ITEMS: Date Project/Acquisition Approved by BCC: 4/28/98 16(B)1 Date Project/Condemnation Approved by BCC: 6/22/99 Resolution No. 99-292 8(B)7 ATTACHED ARE THE FOLLOWING TWO ORIGINAL DOCUMENTS FOR YOUR SAFE-KEEPING, ACQUIRED FOR THE FOUR LANING OF GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND WILSON BOULEVARD: OFFICIAL RECORD BOOK & PAGE NUMBER: EASEMENT - PARCEL 358 - GUARINO OR BK 2720/PG 2786 EASEMENT AGREEMENT- PARCEL 358 -GUARINO cc: N. Korti, Project Manager, Transportation Engineering & Construction Management Department Abe Skinner, Collier County Property Appraiser w/attachment File Copy w/attachment REAL PROPERTY MANAGEMENT DEPARTMENT 2688115 OR: 2720 PG: 2786 RBCOI~D~9 in OHICIA~ ~co~s of COLLIER ¢OU~?~, 00/12/2000 at 12:42~ D~IG~? l, BROCI, CLB~[ PROJECT: Golden Gate Blvd. co~s 7600.00 PROJECT #: 63041 REC ~Ri 15.00 ¢0~IE$ 3.00 PARCEL: 358 ~etn: FOLIO: 37169280006 RX? 8001 THIS CONVEYANCE ACCEPTED BY THE ~ I](?Sl~ o~IC! BOARD OF COUNTY COMMISSIONERS, COl LIER COUNTY~~ FLORIDA, PURSUANT TO THE PROVISIONS _/,EASEMENT OF RESOLUTION NO. ~(c(-2q~., gO~)'7 THIS EASEMENT, made and entered into this of ., 2000, by TONY GUARINO III AND AMY L. GUARINO, F/K/A AMY L. POPPEg husband and wife, whose mailing address is 120 Golden Gate Boulevard, 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 ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive, license, and privilege for drainage, utility and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, remove all landscaping, trees, shrubs, improvements or fixtures located thereon and take materials for the purpose of constructing, operating and maintaining drainage, and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. d~, yand yea,[' first a,b. ove written. / /Wit~iess (~sF)ature) / / / ~/' (~/m~ame) ~Jn~s (~it[n~tu r~j~ IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the T~ III ~~ (Print Name) This property has been acquired under threat of condemnation and is exempt fronl documentany stamp tax ~___~ness (Signa,tgre) (Print~ Name.) Witn~88 (Signature) (Print Name) OR: 2720 PG: 2787 STATE OF COUNTY OF The foregoing Easement was acknowledged before me this /~4~ day of oIj~ ,2000, by Tony Guarino III, who is erso~own to~or who has pr ced '---.,. as identification. (Affix notarial seal) ,,."2~,¥~.',, Jennifer Hope Br~k -" "'~.'" '"". "- 2 .. ~.'"~'"a~Y~: 0ommt~ion # CC 92464 -~,.~::"~ Exuires A~I 3,2~ , ~'.....-~ ~ ~ STATE OF ~f,~ COUN~ OF ~ ($fgnature of Notary) (Print Name of Notary) Commission # My Commission Expires: The foregoing Easement was acknowledged before me this 2.~, day of ~/~u~- , 2000, by Amy L. Guarino, f/k/a Amy L. Poppel who i~nally k~-o~w ~[o_~e or who has produced f as identification. (Affix notarial seal) ,,,/.~g~:<,, Jennifer Hope Br~ck "~? ..... 4 2 ..'~/' ,~ '~%Commlssion # CC 92 64 :~.,~ Expires Ap61 3,2004 (StYcjnature of Notary) (Print Name of Notary) Commission # My Commission Expires: Assistant Count) Attorne) threat of condemnation and is ex£fT, pt frc,¢~ doc¢~e~a,'Y stamp ts~ *** OR: 2720 PG: 2788 *** OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO. 6304 PROJECT PARCEL NO. 358 EXHIBIT Page___L_l of 25 FOOT DRAINAGE, GOLDEN GATE BOULEVARD - NORTH PROPERTY LINE 100 R.O.W. AD RIGHT OF Wff SIDEWALK, UTILI'~', ~NCE EASEMENT I I TRACT 123 I I I I 75' 75' 75' 75' J 30' L SOUTH PROPERTY LINE DESCRIPTION · OF WAY LINE THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF THE EAST 180 FEET OF TRACT 123, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY SHEET 1 OF 1 PROJECT: G.G. Blvd. PROJECT #: 63041 PARCEL: 358 FOLIO: 37169280006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between TONY GUARINO III and AMY L. GUARINO, F/K/A AMY L. POPPEL, husband and wife (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 Pumhaser requires a perpetual, non-exclusive Easement for drainage, utility and maintenance, (hereinafter referred to as the "Easement") 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 non-exclusive Temporary Driveway Restoration Easement (hereinafter referred to as "TDRE") over, under, upon and across the Owner's lands, for reconstruction of the existing driveway, described in Exhibit "B", which is attached hereto and made a part of the Agreement, 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 TDRE (hereinafter collectively referred to as "Properties") to the Purchaser for the stated purposes, on the terms and conditions set forth herein; WHEREAS, the Owner desires to be compensated for the Properties as well as any improvements located thereon; WHEREAS, the Purchaser has agreed to compensate the Owner for the conveyance of the Properties and for the improvements located thereon. 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 $7,700.00, broken down as follows: Easement Parcel # 358 $ 400.00 Improvements $2,800.00 Temporary Driveway Restoration Easement$ 100.00 Damages $4,400.00 TOTAL: $7,700.00 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 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 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 TDRE, shall be provided to Purchaser on or before the date of closing. 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. 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. 7. 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. 8. 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). 9. 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. 10. 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.) 11. 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. 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS V~/~HEREOF, the parties hereto have executed this Agreement on this ~ day of .(~I,~-/,--4...- ,2000. Dated Project/Acquisition Approved by BCC: 4/28/98 16(B)1 Dated Project/Condemnation Approved by BCC: f,,/22-/99 Res. No 99-2~r AS TO PURCHASER: .~DWiG'~, E~ BROCK, Clerk signature on17. AS TO OWNER: / ~itnes~i~.nat~) i ~ (Prat ~%Type) ~itness ~ignature) Name: U~,~ (Print or Type) Witness ~ignature) Name: ~ (Printer Ty~e) Witness (Signature) Name: ~,~ (Print or Type) BOARD OF~CO~MISSIONERS COLLIER 6OUN~TY, ELORJDA/~ . BY: /~~ '-~' :..'~/~-~/~ TIM(~,I,'f~ J. CON ,~'/ANTIN~, Chairman TONY GU~iN~111//~'"'~ -7//~ AMY L. GUARINO f/k/a Amy L. Poppel Approved as to form and legal sufficiency ¢ obert Zacha Assistant County Attorney OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NQ. 63041 PROJECT PARCEL NO. 358 EXHIBIT A Page I of,..,I 25 FOOl DRAINAGE, GOLDEN GATE BOULEVARD -- NORTH PROPERTY LINE Ioo' R.O.W. t-- EXIST 50' ;[\W EASEME · ~ ~- EXISTING F ! : ~AD R~GHT OF Wl Y I SIDEWALK, UTILI ~NCE EASEMENT I ~- I I TRACT 123 : I,~ I I I , 75' 75' 75' 75' J i30' DESCRIPTION ,IT OF WAY UNE THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF THE EAST 180 FEET OF TRACT ,I23, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUSLIC RECORDS OF COLLIER COUNTY, FLORIDA. FILE NO. I GGB358 SHEET 1 OF 1 PROJECT: Golden Gate Blvd. PROJECT #:63041 PARCEL: 358T FOLIO #: 37169280006 EXHIBIT "B" TEMPORARY DRIVEWAY RESTORATION EASEMENT The West 50 feet of the South 30 feet of the North 105 feet of the West 75 feet of the East 180 feet of Tract 123, Golden Gate Estates, Unit 12, as recorded in Plat Book 4, Page 105, of the Public Records of Collier County, Florida.