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Parcel 115TO: FROM: DATE: RE: INTEROFFICE MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Jean Jourdan, Real Property Specialist II Real Property Management Department June 1, 1999 Golden Gate Boulevard, Parcel 115 Project 69031 (Aimaro) Pursuant to Resolution 98-107, Agenda Item 16.B.1, dated April 28, 1998, 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. For the Golden Gate Boulevard Project, please reference Resolution No. 98-107, Paragraph 8. The attached Easement Agreement has been executed by the property owner of the subject parcel of land. These documents have been reviewed and approved by County Attorney staff. Please complete the document(s) as necessary and return them to my attention. If you have any questions regarding this matter, please contact me at 774-8991. Thank You. Attachment: PROJEC'F: Golden Gale Boulevard'63041 PARCEL: 115/Atmaro FOLIO: 367132~,(~) EAS E.M E."~'T At; R }:E.MENT 'Fills I:ASEMI!NT AGREEMENT (hereinafter referred m as lhc "Agrccmem") is made ami entered inl. h', and between ClIARI.ES F...M,MARO and PEGGY F. AI.MAI~.O. Ilusband and Wife. and ETIIEI. AIMARO. an unmarried '.~oman. (hereinafter referred Ir* a,, the 'O'.',ner'h ami ('OI.LIER (N)UNTY. a po]meal subdivision of the State of Horida. its successor~ amt aq~,igns Ihcreinafler refer~ed t- as the WIIEREAS. lhe Purchaser requires lv.o (21 Ix'rpctual. n.m-exclu..v,'c easement,, fi~r file purpo.;es dc.,.rlbcd In Exhibit "A" (said easements hereinafter referred to as the "l'r-perty". 'a hich is attached hereto and made a par~ .,f this Agreement} '.'.hich ma)' include drainage, sidev, alk. utd~I_., ami maintenance over. under, upon and ac~..s~, thc lands described as frdtows, lo wit; si:l: A-rrACl lEI) EXIIIBIT ",ss". 'ahich ~s Incorporated herein by reference: WHEREAS. thc Purchaser requires a F, cqx. tual. n~m-cxclusive 'rcm!m~ra~ I)rivcway Restoration I';~,;cmcnt over. under, up¢m amt across the lands, for reconstruclmg the driveway, described as folhm:s, to wit: SEE A'I'I-AClIEI} EXIIIBFI "B". sshich ~ incorporated herein by reference: WIIEREAS. tile 1)'*~ ncr desires lo convey the |'.'a,,cmem and thc Temporary I)ri',cway Rest, ra i m J ,.cm.m lo Ihe Purchaser for Ibc slated purpo.a.'s. ~m the ter[m, and comhtmn., ',ct fiprlh }icrc]n: WIIEREAS. file ¢)u. ner desires 1o bt. o,rnpen',alc. I l.r thc Ea',cment and lite 'lcmpo~ary Rcsloralion F,a~,elllent. as ~.s. ell as any. Hllprot. crllentq located I}lereon; WIIEREAS. Ihe Purchaser has agreed Io compensate tile Owner for Ihe granting of tile I:~asemenl and Temporal, Driveway Restoration Easement {hereinafter collectively referred to as "Pr-perties") and l.r :he Improvements. over. under, upon. anti across the Properties. NOW TIIEREFORE. in consideration of the~ prem,,c.,, tile ,,urn ,,f'lcn Ih,liar,, 1510 ~01. and valuable considcra!mn. Ihe receipt amt sufl]ciency .f ',~hich are hereby nnHuall) ackn.x~ lc and between the parties as fiHIows: I. Owner ',hall grant }hJrcha,scr the I'ropcrl:es if: exch.mg¢ f~r thc' follow~: i':a~.emen t $ 4.000.1}0 Impress ement.s S 6.700.00 'temporary Drivessay Reslora{inn Easement S 100~ 'l OTAI,: S I 0.800.00 Owner acccpls the a~ve c~m:~nsation a~ fidl payment fi~r Ihe Propcrlics. and f~r all land,captor. ~rcc,. shrubs, improvemenls and fiXhlres k~ated the~etm, and fi~r any, damages resu{ting I~ {he remainder, if Ices Owneffs entire prope~y ~aq taken, and for all other damages Itl clJnncclioH with thc cl~llve'.'~ndc of na{ to Purchaser. 2. Purchaser shall pay O~ner by County Warrant. 2. '[]~is Agreement shall ~ null amt void, and of no timber force or effect, unless closin~ shall occu~ ninety (90) dayn from the date Purchaser e~eculcs Ibis Agreement; pros idcd; however, thai Purchaser shall ha~ c thc unilalcral righl to extend thc tern of Ibis Agreement. ~'nding receipt of all pro,ri)' executed ins~ntmen[s of it. timE Purchascr'~ enjoyment of Ibc Properly. At closing. Purchaser shall deliver the Counly Wanam Io Oa'ner shall dehver lhe l'ro~nies to Purchase in an instmmcnl acceptable to Purchaser. 4. Prior to the clussng. O~mer shall obtain from the holders of any and all liens, encumbrances, except,m,. or qualifications in and tn the Easement. the execution of such mstmmenL~ that w/Il. upon their recording in risc Public Records of Collier County, Florida, clear any and all encumbrances from the Easemcnl, Such instn:mcnls. including the Tem~}rary Driveway Restoration Easement. shall be provided to Purchaser tin or befi~re closing. 5. Conveyance of thc Pro~rties. or any interest in the Properties. by Owner lg omlingenl tlpon provisions, cllndllHtns, or premises olher I}iaH Ihose sc} slated above; and the written AglCClllelll, inclutlHl~ exhibits attached herelo, shall conslitule the entire Agreement and understanding of thc parties, and thc~c arc conlained herein. 6. Owner is aware and understands thai Ihe "offer" to pmchase represented by flus Agrcclncnl is suhlccl acceptance and approval by the Board of County Commissioners -f Collier Count),. Florida. Page 2 7. (]v, nt'r repTc~ent,, that the ProperTies ami all tp, c', of thc Pro~'rtic~ hJ~c bccu alld ~reycnT',', ,~ gcncralcd, si.red, treated or lransferred on Ihe Plo~rllc~ excupl as specilically di~cl.scd to Ibc l'urclla~C~: O~ner has no knowledge of any spill or envffollmeltlal la~ violation on any properly CI1JIII~IlOllS I(I vJcinily Of file Pro~'rtles Io ~ sold Io thc Purchaser. dial file ~ )~sner has nol recels cd IIolicg arid other~ I~c or c) ~ny la~uil, pre,eL'ding or investigation re~rdinff thc ~eneration. sto~a~c, trCatlBe~ll. ~pIH or hazardous substances on the Pro~.mcs. 'l~is provs~um ~hall su~'n'e closing and ~ not deemed conveyance of lille· 8, O~ncr ~hall indemnify, defend, save anti h.ld harmless the l'urcha~cr agamq and from. and l- the Purchaser ~it}l respect m. any and all damages, cia,ns, habddics, la~. c.sls ami expcrsc, Imcludmg limitatmn reasonable pa~alcga[ and attorney fccs and cx~'n,c~ ~hcthct m court..ut ol cmuL m nol deemed salJsfied by conseyance oFlifle. q. lhe I'urcha*cr shall pay fi~r all cosls of rccmding d~c conveyance instmmems m thc Pubhc Rc~,rd, Collier ('ounW. Flmida. All olher c~l~ a~gialed ~idl lln~ Iran~acmm including but n-t hm~led d~umentary ami intangible faxes, ami recording cosl~ fi~t any curailvc instruments shall be borne arid paid O~ncr. Owner shall ~ res~nsible for paying any co~ls ami or fees associated x~ ith lhe $c, tlflllg and rco,t,hn: Subordination. Consent ~ J.indct of Easemenl of fl~c m-tt?a~c(~) recorded against the I(;l~CnlC~ mortgagee(s). 10. ]his Agreement and the te~ and prov~smns hcro,f shall ~ effective as of thc ,late th~s Agrccmcn: executed by both pa~cs and shall inure lo Ihe ~nefit of and be binding upon thc pames hereto and linear requffes or admits. ] I. If the Oancr holds I}1¢ I'ru~'Hie~ m Ibc fi~rm of a pa~nrr~hip, limited pam~crship, corp.ratmn. any fi~rm of representative capacity ~hal~vcr for others. ()x~ ncr shall make a t~ Fltlcll puhhc disch~.ure. I. (~lapler 2Nfl. Florida Statutes. under oath. of the name and addrc~g of every pcr~m~ having a hcltt'flcla} the Pro.'flies bt'fore the I'm~.les held m such capacity is c.nveyed to Purcha%cr. ~1~ succc~s,,fs a[1d the co~ralmn is registered sith the Federal Securities Exchuuge Commission m rc~qered pursuant t,, ~ hap~c: 517. Hurida Statutes. ~hose sl~k is fi}r sale lo Ihe ~cneral public, it ~ hereby exempt fr.m :l~c prm~.,,,,n. (lsapter 286. Florida Statutes.) 12. 'Ibis Affreemenl i~ governed an,I c-nstmed in aco.,lancc wilh Ibc la~gs -I d~c Nta~c -f I IN WIINESS \VIIF. RE¢)F. d~e parlies hereto Ilatt. c,~¢culed this ;'t. urcclut':ll ,I;i [lll~ .5 ,!,1% ,,' _~(.~,.~n.z..'. 19 ,~. I.late Properly acqul,,ll.m approved by Bf '{': 4 )g 'Ix ,kS 'l () I'L;R('I IAShR: DAT~Cl):___(./Z?//.;: . A'ITFS'F: / / . l)eputv ( letk AS TO O\\'NliI~,S: I)A'I Iii): ('IIARI.liS F. AI.',IAR(:, Naplc',, FI. 34120 /'9.'itness {Sigrt~itZj.,' (Print or T)T~) .. //Witness (.Signature) (Print or 'I')~ ) : .; 5, I'EGfdY F, Ai'M:\R() Address: 3665 (;ol,.tcn Gale [I.ulc:ard W. Naples. FI. 34120 Address: 3665 Gnhlcn Gate Boulevard W. Naplc,,. FI. 34120 Approved as to I'~rm and legal sufficiency: . 5~'..:: ,I/ I(eidi F. Ashton Assistant County Atlorney PROJECT NO. 63041 PROJECT PARCEL NO. 115 EXHIBIT_, ._ Page_L__ of_L.._ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) SDUE - The Nodh 25 feet of the South 75 feet of the West 210 feet of the South 390 feet of Tract 56, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. DUE- The North 15 feet of the South 65 feet of the South 390 feet of Tract 56, LESS the West 210 feet thereof, together with the North 15 feet of the South 65 feet of the West 150 feet of the South 390 feet of Tract 57, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. W£S'; Fi~0CER T'¢ LINE_p £XJSI'ING P/Il Lille ~1 ~r'~.TH PRC.,CE PT¥ L?iE FEET M/.I'Ii'EHANCE EASEME!!T (DUE 25 F~T SIDEWALK. DRAItlAGE, UTILITY AND MAINTENA~JCE EASEMENT {SDUE) (EXlSTJ~IG ~ F r P. Vi EASEMENT) (G~DE~I GATE ~LVO Project: Golden Gale Boulevard'63041 Parcel: 115 EXIIIBIT 'FILE WEST 30 FEET OF THE EAST 69 FEET OF ]'tiE NORTII 10 FEET O}: THE SOUTIt 75 FEET OF IHE SOUTtl 390 FEET OF TRACT 56, GOLDI~N GATE ESTATES UNIT NO. 3, AS RECORDED IN PLAT BOOK 4, PAGE 77 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ~ INTEROFFICE MEMORANDUM TO: FROM: MAUREEN KENYON CLERK TO THE BOARD REAL PROPERTY SPECIALIST JEAN JOURDAN, REAL PROPERTY MANAGEMENT DEPARTMENt>?. SUBJECT: AGENDA ITEM: 16 (B) (1) APRIL 28, '!998 RESOLUTION 98-I 07 DATE: JULY 14, 1999 Attached is the following original document for your safe-keeping: One (1) Easement Conveyance for the four laning of Golden Gate Boulevard between State Road 951 and Wilson Boulevard Project. Official Record Book 2562 Page 2565-2568 Attached: One Easement Conveyance PROJECT: PARCEL: FOLIO: GG Blvd. 115/Aimaro 36713280000 2496346 OR: 2562 PG: 2565 EASEMENT THIS EASEMENT, made and entered into this,~ day of ~. , 19_~, by CHARLES F, AIMARO and PEGGY F. AIMARO, Hu~d~ · ETHEL M. AIMARO, an unmarried woman, whose mailing address is 3665 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.) 1 WITNESSETH: - Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby ! acknowledged, hereby conveys, grants, bargains and sells unto the Grantee,'~VO (2) perpetual, non-exclusive easements, licenses, and privileges for the purposes; described on the attached Exhibit "A", which may include drainage, sidewalk, utility and ~ maintenance purposes on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, remove all landscaping, trees, shrubs, improvements or fixtures located thereon and take materials for the purpose of constructing, operating and maintaining drainage, and/or sidewalk and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year~rst above wdtten. (Print or T~.~e) Name:~ (Print or Type) CHARLES F. AIMARO Address: 3665 Golden Gate Blvd. W. Naples, FL 34120 TI~I'S CONVEYANCE ACCEPTED BY THE~ BO~.RD OF COU,'IT¥ cor. IH!rSS]Ol, tERS, / COLL}I',R, COU~ITY, FLOR]DA, j PUP .... . .r TO THL PRO~]S]orl$ , J Ol* I',L..,t, LUI'IOll l'lOo ~ j (P.rint or Type) .-,,-'. ~: . . /. , ./'~/.., ,. ' ,'. ._..,. ..,,,>.: W~tness (Signature) (Print or Type) (Print or Type). "'Witness (Sign. a~.~)" _ _. Name:~z:O~N/ (Print or Type) OR: 2562 ?G: 256~ PEGGY' F. AIMARO Address: 3665 Golden Gate Blvdt[W. Naples, FL 34120 ETHEL M. AIMARO Address: 3665 Golden Gate Blvd. W. Naples, FL 34120 STATE COUNTY OF~ /-The foregoing Easement was acknowledged before me this ~' day of ~, 1999, by CHARLES F. AIMARO, who is personally known to me or who has produced ~ as identification. .-,, (affix notarial seal) COUNTY OF~/.. ,/. ~ ~j_~~he foregoing Easement was acknowledged before me this ~ day of ,1999, by PEGGY F. AIMARO, who is personally known to me or who as identification. ,~ .5 ~ - 6, 7~,'6 ~-- ~:.~:,? o ., .' / (affix notarial seal) ' (S~'g~a~ure of Not-arY P~blic) ..' (Print Namo of Rotary Public) NOTARY PUBLIC Serial/Commission #:. My Commission Expires: (Signatur~,P./u~ib) ,:,'~// - : , , ~ ~ / (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:_ My Commission Expires: Page 3 PG: 2567 STATE OF~ COUNTY OF~ .~he foregoing Easement was acknowledged before me this ~-:× day of ..~., 1999, by ETHEL M. AIMARO, who is personally known to me or who h'as('p~: .c~ced ~ as identification. (affix notadal seal) .._.-.'. "'...'. ~.'.;. (S~g~ature of Notary Public) ' (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: PROJECT NO. 63041 PROJECT PARCEL NO. 115 EXHIBIT.. Page_L_. of .L.. LEGAL DESCR~ & SKETCH (NOT A SURVEY) SDUE - The North 25 feet of the South 75 feet of the West 210 feet of the South 390 feet of Tract 56, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. DUE - The Nodh 15 feet of the South 65 feet of the South 390 feet o[ Tract 56, LESS the West 210 feet thereof, together with the North 15 feet of the South 65 feet of the West 150 feet of the South 390 feet of Tract 57, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. ~ N(:~TH PROPERTY LINE PROPERTY LINE EXISTING RAN LINE TRACT 56 480 FEET 25 FOOT SIDEWALK, DRAINAGE, UTILITY yAND MAINTENANCE EASEMENT (SDUE) T (EXISTING ~ FT R/W EASEMENT) SOUTH PROPERTY LINE j TP, ACT 57 EAST PROPERTY 15 FOOT DRAINAGE. UTIliTY ArID MAINTENANCE EASEMEI T (DUE) (GOLDEN GATE ~ D ) 0 $C. AL~. finch = /Od/eel