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Parcel 210REAL PROPERTY MANAGEMENT DEPARTMENT SUE FILSON ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS ROBERT TEXTER REAL PROPERTY SPECIALIST I June 29, 1999 GOLDEN GATE BOULEVARD IMPROVEMENT PROJECT: APPROVED ON 4/28198, AGENDA ITEM #16B1, RESOLUTION NO. 98-107 ani PI' III, M: TI- for execution, please find one (1) Easement Agreement between Collier County and Mrs. Dean L. Larson. Please execute pursuant to Resolution No. 98-107, Iraph 8, the Board has authorized its present Chairman and any subsequent Chairman, e life of the Project, to execute any instruments which have been approved by the Office County Attorney. have the document executed by the Chairman of the Board of County lissioners. The document can then be forwarded to Ellie Hoffman, Records Technician [inutes & Records Management/Clerk of Courts, for attestation by the Clerk of Courts. Ioffman will then call me at extension 8991 for the document to be picked up. yOU. ment as stated PROJECT: Golden Gate Boulevard PARCEL: 210 FOLIO: 36963560004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between DEAN L. L_ARSON and BETTE L. LARSON, husband and wife (hereinafter referred to as the "Owner"). and COLLIER COUNTY, a political subdivision of the State of Flodda, its successors and assigns (hereina[ter referred to as the "Purchaser"); WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for drainage, sidewalk, 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 Ddveway 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 a~nd 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 $12,000.00 broken down as follows: Easement $ 900,00 Temporary Driveway Restoration Easement $ 100,00 Improvements (If any) $ 4,000.00 Severance Damages $ 7,000.00 TOTAL: $12,000.00 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 Propedies 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 an:/ 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, shall be provided 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, undedakings, promises, warranties, or covenants not contained herein. 6. Owner is aware and understands that the "offer" to purchase represented this Agreement is subject to acceptance and approval by the Board of County Commissioners of Col er 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 threalened 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 Propedies. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. Ovlner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse lhe 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 ropresentation under Section 7, This provision shall survive closing and is not deemed satisfied by conveyance of title. 9. The Purchaser shall pay for all costs of recording the conveyance instruments in the Public Records of Collier County, Flodda. All other costs associated with this transaction including but not limiled 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 secudng and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against lhe Easement from the modgagee(s). 10. This Agreement and/he 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 heir'% executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 11. If lhe 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 wdtten 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 Propedies 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.) 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the padies hereto have executed this '~greement on this ~ day of ~ ,1999. Date Property/Acquisition Approved by BCC: 04/28/98 AS TO PURCHASER: DATE D:~./?.q,~ · DWIGHT E. 'BR. OCK, Clerk / Ity Clerk Attest is'to C:hilrljj'$ signature BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAI~IELA S. MAc'~IE, ~3he(rwoman AS TO OWNER: W~e~nat~re)' Na me: .t-,~ b~?~_¢--[ (Print or Type) Witness ~. i~.ature) Name:~/~ ~ ~/~ ~ RSON (Print or Type} 2010 Golden Gate Boulevard W Naples, FL 34120 Name:~ (Print or Type) Witness (,~jg?.a~re) ~ j , Name:~/,,,/~_/-,j,-¢ (Print or Type) Approved as to form and Assistant County Attorney BETTE L. LARSON 1580 Golden Gate Boulevard Naples, FL 34120 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 , ii SKETCH OF DESCRIPTION (NOT A SURVEY) EXHIBIT PROJECT NO. 63041 PROJECT PAJ~CEL NO. 210 ~*L EXIST. 50' DESCRIPTION: (loo' R.O.W ) GOLE)EN GATE BOULEVARD ~, EASE"EiT--~ TRACT 50 I 25 FOOT DRAINAGE. SIDEWALK, UTILr'Fy, & MAINTE~'/,~*JC E EASEMEtlT EAST 1~3 FEET TRACT 5c f~ EXISTII~G RIGF:T O~ ',','AY LINE 330" THE SOUTH 2~ FEET OF THE NORTH 75 FEET OF THE EAST 180 FEET OF TR,~CT 50. GOLDEN GATE EBTATES UNIT NO. 8AS RECORDED IN PLAT BOOK 4, PAGE 97. OF THE PUSLIC RECORDS OF COLLIER COUNTY, FLORIDA. F,.~ $ T Pr~O~ER Ty L.~E LDA'rEJULY 17, 1996~ PROJECT: 63041 PARCEL: 210T FOLIO: 36963560004 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 35 feet of the East 78 feet of the South 25 feet of the North 100 feet of the East 180 feet of Tract 50, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Flodda.