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Parcel 214REAL PROPERTY MANAGEMENT DEPARTMENT RECEIVED TO: SUE FILSON ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM: ROBERT TEXTER REAL PROPERTY SPECIALIST I Date: RE: MAY 11, 1999 GOLDEN GATE BOULEVARD IMPROVEMENT PROJECT: APPROVED ON 4/28/98, AGENDA ITEM #16B1, RESOLUTION NO. 98-107 Attached for execution, please find one (1) Easement Agreement between Collier County and Mr. Louis J. Paffumi Jr. and Louis J. Paffumi. Please execute pursuar~t to Resolution No. 98-107, Paragraph 8, 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. Please have tile document executed by the Chairman of the Board of County Commissioners. The document can then be forwarded to Ellie Hoffman, Records Technician III, Minutes & Records Management/Clerk of Courts, for attestation by the Clerk of Courts. Ms. Hoffman will then call me at extension 8991 for the document to be pickrcd up. Thank you. Attachment as stated PROJECT: Golden Gate Boulevard PARCEL: 214 FOLIO: 36965480001 & 36965520000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between LOUIS J. PAFFUMI, JR. and LOUIS J. PAFFUMI, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a perpetual, non-exclusive easement for sidewalk, utilities, drainage and maintenance over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"). which is attached hereto and made a pad of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS. Purchaser has agreed to compensate Owner for conveyance of 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $875.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 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 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 Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property 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 covonants not contained herein. 5. Owner is aware and understands that the "offer" to purchase ropresented by this Agreement ~s subject to acceptance and approval by the Board of County Commissioners of Collier County. Florida. Easement Agreement Page 2 6. Owner represents that the Property and all uses of the Property 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 Property except as specifically disclosed to the Purchaser: that the Owner has no knowledge of any spill or environmental la,,,/ violation on an'/ property contiguous to or in the vicinity of the Property to be sold to the Purchaser. ~hat the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property 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 t'ees and expenses whether in court, out 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 6. 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 instrument 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 Property 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 Property 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 Properly 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.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Page 3 IN WITNESS WHEREOF, the padies hereto have executed this Agreement on this /~ day of '/~)?,~,, ,, , 19,;"i.; Date Property/Acquisition Approved by BCC: 04/28/98 AS TO PURCHASER: DATED: //! ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA / ',~ ,'Depdty Clerk · Witness~Signature).. - ¥ / // ,'(Print or Type) ~Vitness (~Signatufe)_ ~- -~ Name:?l~.:-,,~. "~. -,'- -t-.,. (Print or Typd) LOUIS'~. 15AFFUMI, JR. 393 Manley Heights Road Orange, CT 06477 - /' ' / '7 Witness (~Signature~, N~me: ~ (Print or Type) /Witness (Sign'~t~re) -> .. ~- (Print 0r Typei ' 393 Manley Heights Road Orange, CT 06477 Approved as to form and lega~l sufficiency: , ! Heidi F. Ashton PROJECT NO. 63041 PROJECT PARCEL NO. 214 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The South 10 feet of the Nodh 75 feet of Tract 79, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. IEXISTII/G ,50 FT Rt,'l EASEME. tlT) (GOLDEH GATE -.".2~'.7 .... ~'"-' ...... '-.~7'. ........ i ..... DRAIt,IAGE, UTILITY AhlD MAII'~T. EASEMEr,IT PROPOSED 10 FOOT SIDEWALK, DRAIHAGE. UTILITY At~D MAItITENANCE EASEME/;T 330 FEET PROJECT: Galeway Alt 2 FOLIO: 61834040004 SATISFACTION OF MORTGAGE KNOW ALL MEN by these presents that the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA acting as the Governing Body of Collier County and the Ex-Officio the Governing Board of the Collier County Water-Sewer District is the owner and holder of a cedain Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fee executed by and between William E. Forsyth and Audrey Forsyth, husband and wife al~d Board ol County Commissioners of Collier County, Florida acting as the Governing Body ol Colher County and the Ex-Officio the Governing Board of the Collier County Water-Sewer District as recorded ~n Official Records Book 1884, Page 1438 et seq, on November 16, 1993. Said Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fee secures note in the principal sum of SEVEN THOUSAND NINE HUNDRED AND FORTY DOLLARS ($7,940.00), and certain promises and obligations set forth in the mortgage deed, upon the property situate ir-, said State and County described as follows, to wit: West 537.32 feet of Lot 32, of Naples Grove & Truck Company's Little Farms No. 2, as shown b,/ the plat recorded in Plat Book 1, Page 27, public Records of Collier county, F "- IOrit, d. Board of County Commissioners of Collier County, Florida acting as the Governing Body of Collier County and Ihe Ex-Officio the Governing Board of the Collier County Water-Sewer District. by execution of this Satisfaction of Mortgage, hereby acknowledges full payment and sahsfaction ~f said Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fee and surrenders the same as canceled. The Clerk of the Circuit Court is directed to record this Satisfaction of r.,4ortgage in the Public Records of Collier County, Florida, to acknowledge that this modgage has been salisfied an,-,' ceases to exist. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the da'/ and year first above wrilten. ATTEST: DWIGHT ~!'BROCK, CLERK ,~' .. BOARD OF COUNTY COMMISS[bfi~RS OF COUNTY, FLORIDA AS THE ..G~_..ERN NG'BODy~: ~, . OF COLLIER COUNTY AND A~ E-.'~;..O~FICtO '¢BE :,'. ~ ' GOVERNING BOARD OF THE ~OLL. IER COUNTY':" WATER-SEWER DISTRICT '-..-.::,. .. ,' Pa . c'Kie, Chairwoman PROJECT: 63041(G G BLVD.) PARCEL: 214 This is being re-recorded (3rd time) .Lo reflect the Affidavit executed by Deputy, Director of Appraisals, for 2182565 OR: 2313 PG: 1727 RlCOIOIO in OrUC£AL RICORD$ Of COLLIIR ¢OUI?Y, coR$ ]300,00 RfC FIB DOC-.?O Rets: INTER Or!lC! thc C,)llier County Property Appraiser. EASEMENT THiS EASEMENT, made and entered into this __~ day of 19~_~, by LOUIS J. PAFFUMI, JR. and LOUIS J. PAFFUMI whose mailing address is 393 Manley Heights Road, Orange, Connecticut 06477, 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 padies to Ihis instrument and their respective heirs, legal representatives, successors and ~. ~. ~..~ assigns.) ~. WITNESSETH: E 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 road right of way, sidewalk, drainage, utility and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: The South 15 feet of the Nodh 65 feet of Tract 79 and the South 25 feet of the Nodh 75 feet of Tract 80, Golden Gate Estates, Unit No. 8, in accordance with and subject to the plat recorded in Plat Book 4, Pages 97 and 98, Public Records of Collier County, Florida. 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, and take materials for the purpose of constructing, operating and maintaining road right of way, sidewalk, drainage, and utility facilities thereon, Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ~ ~ WITNESSES: Witness (Signature) ../ (Print or Type) ,_ 1' / / ~ r-:( .""2 /./::..:, -,'~ 4--'" .. = ' ',,vitn ss (sig atuFo¢ (Print or Type) This I':asement has I)et'n re-recorded to rot'lc, ct acceptance of th(, conveyance hy the Board of County Commissioners, C.I Iior Count y. THIS co'NvEYA~CE iCCEPtiO IT BOARD OF ~ / COLL[ER C~, FLORIDA, PURSUANT TO .OF. HO. ~ k,~ I "'/~ '~ ~RESOLUTION~E LOUIS'J: PAFFUMI JR. '-' Name and Address:~ h~~~ u r ,, (Print ~or Type) (Address) : Page 2 *** OR: 2313 PG: 1728 *** -/*** OR: 2316 PC: 1176 ***~/ :!~' J/*** OR: 2547 PC: 1290 ***~'/ Witness (Signature) Name: ~f~i; (Print or Type) Witness~Si~natu{e)~> Name:~ (Print or Type) LOUIS J. PAFFUMI" ( , Name and AddresS:' '~ ~,-,~, J-7~ ~',', (Print or_.Type) (Address) STATE OF~ COUNTY OF ~' ,'. , ?/,~ ::,- /'3_ The foregoing Easement was acknowledged before me this '~//" day of ¢D~..~¢,, [' , 1997, by LOUIS J. PAFFUMI JR., who is personally known-""--~o roe. or- -who has-produced .......... ~as identifi~tion.- (Notarial Seal) _~Si~at~r~ofNot~r,/~.~c) , /1 (Print Name Of Notary Public) NOTARY PUBLIC Serial / Commission Number My Commission Expires .... . . STATE OF ~ % _ COUNTY OF ,'/'~. .-'¢~'{ ,. ..-~ The foregoing Easement was acknowledged before me this ,--~. -,-zk day of ~, 1997, by LOUIS J. PAFFUM.i, whg.-is personally known to me has-Produced_ as identification.." .... .(Signature of N, qtary'Pt~.blic) / // (Print Name Of Notary Public) NOTARY PUBLIC Serial / Commission Number~ My Commission Expires f PROJECT: Golden Gate Boulevard PARCEL: 214 FOLIO: 36965480001 & 36965520000 HAL HOPIH! Il? IHH OHICl OOC-,lO IS.O0 . EASEMENT THIS EASEMENT, made and entered into this /"~/(" day of .._~'~, / ~, 1999, by LOUIS J. PAFFUMI, JR. and LOUIS J. PAFFUMI, whose mailing address is 393 Manley Heights Road, Orange, Connecticut 06477, 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.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege for sidewalk, drainage, utility and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and take materials for the purpose of constructing, operating and maintaining sidewalk, drainage, and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: Witnes~s.~SigrC~.~r.e)~ ,. r, -~'Witness (SignmUre)' Name: ~~~. (Prim or Type) TI,~IS CONVEYANCE ACCEPTED BY THE F,,".'.ro OF COUitfY COHHISSIONERS, CU:_L}rR COUtlTY, FLORIDA, PURSUANT 10 THE PROVISIONS 393 Manley Heights Road Orange, CT 06477 OR: 2547 PG: 1292 Name: ~~ Witness (,Signature) ' Name: ~ (Print or Type) 393 Manley Heights Road Orange, CT 06477 COUNTY OF ~ e foregoing .. ,y;. ~A;i i ...',-' (affix n~tar~l seal)' Easement was acknowledged before me this J' ~//" day of , 1999 by LOUIS J. PAFFUMI JR., who is personally known to me,or-who- 'as-identifieatiem-. - . /' /, ~ STATE OF ~ COUNTY OF /~. c- ;/ 7, :.,., (Signature of Nota.L"y Pu.blic)_.. (Print Name~of Notary Public) NOTARY PUBLIC Serial/Commission My Commission Expires/~~lRE$ APRIl. 30, 2002 .~ he foregoing (a~X' n~t~r,j~.l 'seel) · F .:.. ,~/_.; ,~'.~ Easement was acknowledged before me this )'-- .~ //'' day of · 1999 by LOUIS J, PAFFUMI, who is personally known to me.or-w~ ~B-lde n t if'teet iota..---, / . /: ", / ' '. ."..'~i. .'? (Signature of Notary PUblic) · ),¥.~ ~~~.,,.¥, -/,, (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission My Commission Expires: MY COMMISSION EXPIRES APRIL 80, 2002 'PROJECT NO. 63041 PROJECT PARCEL NO. 214 LEGAL DESCRIPTION & SKETC_______~~ (NOT A SURVEY) The South 10 feet of the North 75 feet of Tract 79, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. LINE ~'IOR TH PROPERTY (E XISTII'~IG 5~ F T RAY EASE~,~Et,IT) EXISTIh~G 15 FOOTRIGHT-OF-WAY. DRAINAGE. UTILITY AND MAINT. EASEMENT PROPOSED 10 FOOT SIDEWALK, DRAINAGE, UTILITY At~[") MAINTENANCE EASEMENT (GOtDEN GATE BLVO ) EXISTING R/W LIllE N 330 FEET inch -- lOP ~!