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Parcel 144PROJECT: 63041 (G. G. Blvd.) PARCEL: 144 FOLIO: 36861720001 EI~L fiOPll?! Il?Il o?!IC! coss H00,00 RIC fl! 1%00 DOC-.70 30.a0 COPIIS 3.00 EASEMENT THIS EASEMENT, made and entered into this ~ oay ot ~ 19..~, by JOHN MICELI and MARIE MICELI, husband and~~ address is 3061 Golden Gate Boulevard West, Naples FL 34120, as Grantor to COLLIER COUNTY, a political subdivision of the State of Flodda, 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.) 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 privilege for sidewalk, 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, and take materials for the purpose of constructing, operating and maintaining sidewalk, 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. WITNESSES: -,,. t ( ,( ~Signature) ,,, , (Printed Name) (Printed Name) 30~1 Golden Gate Boulevard West Naples, FL 34120 THIS ..... COHVEYAP~CE ACCEPTED BY THE] 80ARD OF COUNTY COMMISS~ONEI~S. OR: 2515 PG: 2863 Page 2 ~ /~..~ (Printed Name) (Printed Name) Marie Miceli 3061 Golden Gate Boulevard West Naples, FL 34120 STATE OF~. /, COUNTY Of ~_ .~,,~__.__ .. '~ The foregoing Easement was acknowledged before me this ,,' ,/" ~' day of ~//~ 1999. by John Miceli. who is personally-knowr~to-me or who--'h-~-sas produced as identification. (affix notarial seal) STATE OF~ COUNTY OF~ (Signat~e of NotarY Public) (Pdnt Name of Notary Public) NOTARY PUBLIC Serial/Commission #:~ My Commission Expires: The foregoing Easement was acknowledged before me this -~ ',:~';~ day of / ; 1999, by Made Miceli, who is personally known.to me or-who has produced ~ ,, as identification. (affix notarial seal) (Sighatu rd of Notary J:)ub~c) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: ', r' ~ ': , ' ' My Commission Expires: ~ ~:.;/.~ PROJECT NO. 83041 PROJECT PARCEL NO. 144 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The Nodh 25 feet of the South 75 feet of the East 150 feet of Tract 31, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. 1~0 FEET EAST PROPERTY LINE N 25 FOOT SIDI=V/ALK. DRAINAG EXISTING FVW LiNE I I I UTILITY AND MAINTENANCE EASEMENT ~oo.~. ~T~ ~vo.I ~-' ' ...................... (EXISTING 50 FT. P/~/EASEMENT) SCALE: I Inch · $00 feet PROJECT: Golden Gate Boulevard PARCEL: 144 FOLIO: 36861720001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between JOHN MICELI AND MARIE MICELI, husband and wife, (hereina~er 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 sidewalk, 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: 1. Owner shall grant Purchaser the Properties in exchange for the sum of $ 4,400.00, broken down as follows: Easement $ 1,300.00 Temporary Driveway Restoration Easement $ '100.00 Improvements (If any) $ 3,000.00 TOTAL: $ 4,400.00 Page 2 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 fudher force or eft'ect, 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, shalJ 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 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 attomey 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. Page 3 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~aying 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 execute~ by both parties and shall inure to the benefit of and be binding upon the parties h~reto 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 Propedies 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, Flodda Statutes.) 12. 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 Agreement on this ~_ day of ,19,._.__. Dated Project/Acquisition Approved by· BCC: ?':~ AS TO PURCHASER: :~- "; ,' ~? ~". ' , Deputy Clerk BOARD OF COUNTY COMMISSIONERS ./ COLLIERNSOUNTY, FLORIDA r //~. · 'amela S. Macl~ie, Chairwomar~~ ! Page 4 AS TO OWNER: DATED: (" Witness (Signature) ' (Print or Type) Witness (Signature) (-- ~" Name: """~ ~".'"'- ~ "~,- (Print or Type) Witness (Signature)~ J Name:/r)~//r..j,~t~' c t{. ~,.~,-, ~. ,,(,,. ~,,~"~ _(Pdnt or Type) ~_.~ '~ ),~,'~' WiJ. n~'s"~ (Signature) Name: (Pdnt or Type) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney 3~1 Golden Gate Boulevard W. N~ples, FL 34120 3061 Golden Gate Boulevard W. Naples, FL 34120 PROJECT NO. 63041 PROJECT PARCEL NO. 144 LEGAL DESCRIPTION & SF,_~ (NOT A SURVEY) The North 25 feet of the South 75 feet of the East 150 feet of Tract 31, Golden Gate Estates Unit No. 61 as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. WES! PROPERTY LIthE 4.__.._EAST P F~0P..._.~[ ~TY 2,5 FOOT SIDEVIALK. EX~TI~IG RM LIt/E J ~' UTILITY AND ,',~AII'~TE~'IAf,~CE EASE,ME~..IT (EXJSTING 50 FT. Pv'W EASE ME~,~) S O~TH PROF'~RTY SCALE': ='11~ · 10q Project' Golden Gate Boulevard Parcel: 144 Temporary Ddveway Restoration EXHIBIT "B" THE EAST 30 FEET OF THE WEST 64 FEET OF THE NORTH 15 FEET OF THE SOUTH 90 FEET OF THE EAST 150 FEET OF TRACT 31, GOLDEN GATE ESTATES UNIT NO. 6, AS RECORDED IN PLAT BOOK 4, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.