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Parcel 354To: From: Date: Subject: Memorandum Sue Filson, Administrative Assistant Board of County Commissioners Wilma Iverson ~'"~ Senior Specialist Real Property Management Department September 1, 1999 Golden Gate Boulevard Improvements Collier County Project No. 63041 Parcel: 354 RECEIVED S? 0 1 1999 ~Oard of C:ount~ CO~L~IIsIo~e~ Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please have the Chairwoman initial page one, paragraph one. Please be advised that Heidi F. Ashton, Assistant County Attorney, has reviewed and approved the attached document. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase in Resolution 98-107, Item 16(b)(1), dated April 28, 1998. Pursuant to Resolution 98-107, Paragraph 8, the Board has authorized its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instrument which have been approved by the Office of the County Attorney. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift, purchase or condemnation in Resolution 99-292, Item 8(b)(7}, dated June 22, 1999. Once the Agreement has been executed, please forward same to Ellie Hoffman, Records Technician III, Minutes and Records Management, for attestation by the Clerk to the Board. Ms. Hoffman will then call me at extension 8991 for document pick-up. Thank you. Attachments as stated Real Property Management Department PROJECT: Golden Gate Boulevard PARCEL NO: 354 FOLIO: 37169400006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between ANTHONY PASTORE, (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 road right of way, drainage, sidewalk, utility, & 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 part 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 $~, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Properly 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. Purchaser may install drop curbing (for a driveway entrance only), when appropriate, at a location that is mutually acceptable to the parties. However, if the parties are unable to agree upon a mutually acceptable location, then the Purchaser shall have the right to install said drop curbing where Purchaser deems appropriate. 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 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 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. 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. Easement Agreement Page 2 5. Owner represents that the Properly 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 law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that 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. 6. 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 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. 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 modgage(s) recorded against the Property from the mortgagee(s). 8. 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. 9. 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.) 10. 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 covenants not contained herein. 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 parties hereto have executed this Agreement on this..~ dayof~)'"'~ ,19'"1~. Date Property acqui~tion ap'~roved by BCC: 4/28/98 16(B)1 AS TO PURCHASER: DATED:.~ ~_. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO OWNER: DATED: Witness (Signature) ,-, Name: j'kJ"ck ~q c. ~1 (Print or Ty. Ce) WiJl~ss (Signat~e..), ' Name: ~e~' (Print or Type) BOARD OF O~OJJN?CCOI~MISSIONERS'r - COLLIER ~OUNTY, FLORIDA BY: _ '~-'-a n'~a S. M a c'K i~. 'C h a in,~, oman · tt $t to C,' atr't 's ', signature o~ 1.~. "' Anthony Pastore ~ Approved as to form and legal sufficiency: Heidi F. Ash~)n Assistant County Attorney OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO. 63041 PROJECT PARCEL NO. 354 25 FOOT ROAD RIGHT OF WA'~ DRAINAGE, SIDEWALK. UTILITY & MAINTENANCE EASEMENT 75' GOLDEN GATE BOULEVARD I0~ R.O.W. 75' I 30' - ~EXIST. 547 ~W EASEME DESCRIPTION TRACT 123 75' 75' L_ SOU~H PROPER~Y LINE THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF TRACT 123. GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105. OF THE PUBLIC RECORDS OF COLLIER COUHTY. FLORIDA. H I'i~'1T EX/::) ~...~ EXISTIhlG RIGHT OF WAY LINE I I¢IIECKED JULY 22, 1998 GGB354 SHEET 1 OF I PROJECT: G.G. Blvd. PARCEL: 354 FOLIO: 37169400006 2529924 OR: 2590 PG: 1130 HCO~I~ l~ O~ICI~ HCO~$ o[ ~O~IH CO~i'~, 1~ cols ~oo ,ot Hc Fl! t0,50 coP:Rs 2.00 EASEMENT THIS EASEMENT, made and entered into this _c~.--~ day of 19_~, by Anthony Pastore, whose mailing address is 30 Highvi~Lw/Aven(.~, Selden, New York 11784,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, 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: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. THIS PROPERTY IS VACANT AND UNIMPROVED. 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. 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 a~r first above written. FI RS/T WlTNESS.~Signa, ture) SEC,,CN D WITN E,~ S (Signatu~) (Print Name) OR: 2590 PG: 1131 STATE OF ~ COUNTY OF ~ The. foregoing Easement was acknowledged before me this ~y ';0¢.~' ~ 199_.~_ by Anthony Pastore, who is personally known to me o.'~/f~ ..~,~,~ ~'~'f'CCs identification. "~. .-" :,'. v' '. (Affix notarial seaT) ' '.~ (Print N~ame bf Notary) Commission # ~C~.L~ My Commission Ex~~.~ ~lSSm(~ E~P~P4!S 1~ $~,50 0~: £590 ~: 011~1~ OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO. 63041 PROJECT PARCEL NO. 354 GOLDEN GATE BOULEVARD 1 O(7 R O.W. EXISTING RIGHT OF WAY LINE 25 FOOT ROAD RIGHT OF WAY DRAIhfAGE, S DEWALK. UTILITY & MAINTENANCE EASEMENT DESCRIPTION 75' THE SOUTlt 25 FEET OF THE tJORTII 75 FEET OF THE WEST 75 FEET OF TRACT 123, GOLDEN GATE ESTATES UNIT PIG. 12. AS RECORDED IPi PL/'tT BOOK 4. PAGE 105, OF TIlE PUBLIC RECORDS OF COLLIER COUHTY, FLORIDA JULY 22. 1998 GGB354 SHEET 1 OF 1 i.