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Parcel 343 & 345MEMORANDUM RECEIVED $£P 2 8 1999 Board of Count~ Commissfoners To: From: Date' Subject: Sue Filson, Administrative Assistant Board of County Commissioners Ernie Kerskie . ~ Real Property Specialist II Real Property Management Department September 28, 1999 Golden Gate Boulevard Improvements Collier County Project No. 63041 Parcels: 343/Kirwan and 345/Kirwan Attached you will find two (2) Easement Agreements for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Robert Zachary, Assistant County Attorney, has reviewed and approved the attached documents. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift, purchase or condemnation in Resolution 99-291, Item 8(B)(7}, dated June 22, 1999. Pursuant to the previous 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 instruments which have been approved by the Office of the County Attorney. Once the Agreements have been Hoffman, Records Technician Ill, attestation by the Clerk to the Board. 8991 for document pick-up. executed, please forward same to Ellie Minutes and Records Management, for Ms. Hoffman will then call me at extension Thank you. Attachment as stated PROJECT: Golden Gate Boulevard PARCEL NO: 343 FOLIO: 37116920005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between EUGENE p. KIRWAN JR. AND GRETCHEN L. NELSON-KIRWAN, husband and wlfe, (hereinafter referred to as "O,,vner"), 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 drainage, utility 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 part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set fodh 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 $500.00, 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. 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 padies 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, propedy 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 dght to extend the term of this Agreement pending receipt of all propedy 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. 5. 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 Easement Agreement Page 2 has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Properly 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 parategal 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 adsing 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, Flodda. The cost of a title commitment shall be paid by the Purchaser. All other costs associated with Ihis 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 modgagee(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 padies 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 padnership, 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 Property 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 wdtten Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the padies, 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 padies hereto have executed this Agreement on this .l,,¢/-~ay of ~.~,~., 19.~, . Date Property acquisition approved by BCC: 4/28/98 6~22~99 AS TO PURCHASER: DATE D: ,~~/.~4~.z. ~ ATTEST: ...... DWIGHT E. BROCK, Clerk . .-, ....-.~ . ',: ~ 'i" ....~./.~//.~c_~./,~/Dep[j~'y Clerk "'-. ',;...:. -~t'~¢,".s to Chifr~.t's '". ?: ...ligature " ........ A~'~© OWNER: Witness (Signature)('~ Name: ?'~7,¢/'.--"/~ (P~nt or Type) Witness (Signat~e) ~A~ature) Name: ~¢~¢ ~, (Print or Type) 16(B~1 Resolution 98-10~ 8(B)7 Resolution 99-2~1 BOARD OF COUNTY COMMISSIONERS COLLIER Pa~S. Approved as to form and legal sufficiency: Robert Zachary Assistant County Attorney PROJECT NO. 63041 PROJECT PARCEL NO. 343 EXHIBIT A Page, ! ,, of._g LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 150 feet of Tract 107, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. WEST PROPERTY LINE r~ EXISTING RAN LINE (GCX. DEN GATE BLVO) SOUTH PROPERTY UNI NORTH PROPERTY LINE 150 FEET T EAST PROPERTY LINE 15 FOOT DRAINAGE ANO UTLITY EASEMENT (EXISTING 50 F~ PJW EASEMENT) SCALE: 1 inch · 100feel PROJECT: GOLDEN GATE BOULEVARD PARCEL: 345 FOLIO: 37116960007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between EUGENE P. KIRWAN and GRETCHEN L. NELSON-KIRWAN, husband and wife, (hereinafter 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 drainage, utility and maintenance purposes (hereinafter referred to as the "Easement") 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 non-exclusive Temporary Ddveway Restoration Easement (hereinafter referred to as "'I'DRE") over, under, upon and across the Owner's lands, for reconstruction of the existing driveway, described in Exhibit "B", which is attached hereto and made a part of the Agreement, described as follows, to wit; SEE AT-I'ACHED EXHIBIT "B", which is incorporated herein by reference; WHEREAS, the Owner desires to convey the Easement and the TDRE (hereinafter collectively referred to as "Properties") to the Purchaser for the stated purposes, on the terms and conditions set forth herein; WHEREAS, the Owner desires to be compensated for the Properties as well as any improvements located thereon; WHEREAS, the Purchaser has agreed to compensate the Owner for the conveyance of the Properties and for the improvements located thereon. 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 padles as follows: 1. Owner shall grant Purchaser the Properties In exchange for the sum of $2,400.00, broken down as follows: Easement $ 600.00 Temporary Ddveway Restoration Easement $ 100.00 Improvements (If any) $1.700.0(} TOTAL: $t,400.00 Owner accepts the above compensation as full payment for the Propedies, 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 fudher 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 inslruments affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Properties Io 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 TDRE, shall be provided to Purchaser on or before the date of closing. 5. 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. 6. 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 lille. 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 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 6. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. The Purchaser shall pay for all cosls of recording the conveyance instruments in the Public Records of Collier County, Florida. The cost of a lille commitment shall be paid by the purchaser. 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 Easement from Ihe mortgagee(s). The cost of the title commitment shall be paid by the Purchaser. 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 padies 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 Properties 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, accordin3 to Chapter 286, Flodda 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, Florida Statutes.) 11. Conveyance of the Properties, or any interest in the Propedies, 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. 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 Agreement on this ~day of ~.~:~.,~&~, 19 ~'..__~9. Dated Project/Acquisition Approved by BCC: ¢/28/98 16(B)1 (Res, #98-107) 6122/99 AS TO PURCHASER: DATE D:~C~.Z),, .' .' ATTEST: ~ : ,.~V GHT E."BROCK Clerk ' ~~Deputy Clerk %';"" 'A~ TO OWNER: DATED:~~.~ Witness (Signature) (Print or Type) Name:~'-~'~r ~, ~/¢- ~.~¢;. (Print or Type) 8(B)7 fRes. #99-2913 BOARD O~MiSSiONERs C 0 L L I E R.,C O~,~z~ L 01~ DA .,~ Pamela S. Mac'K~, Chai~oman Att,st as to sl~iture ~1~. ~,,U, GENE ~. KIRWAN / Witness (S~g~ure) t N a me :~-~%~. ~.. ~nes~nature) Name: ~-~r ~ ~. ~t~- (Print or Type) ~._~TCHE~, 'NELSON-KIRk;VAN /1, .~. PROJECT NO. 63041 PROJECT PARCEL NO. 345 EXHIBIT Page/__ (NOT A SURVEY) The Nodh 15 feet of the South 65 feet of the West 180 feet of Tract 108, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. ,,' WEST PROPERTY LINE EXISTING R,/W LINE NORTH PROPERTY LINE 180 FEET EAST PROPERTY LINE N 15 FOOT DRAINAGE , UTILI AND MAINTENANCE EASEMENT (GOLDEN GATE 8LVO.) / (EXISTING 50 FT. RAN EASEMENT) PROPERTY Lille '~ SCALE: 1 inch = 100 feel Project No. Parcel No. 63041 EXHIBIT, 345T Pl~e I . Of ,,! TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 62 feet of the North 20 feet of the South 85 feet of the West 180 feet of Tract 108, Golden Gate Estates Unit No. 1 I, as recorded in Plat Book 4, Page 103, of the Public Records of Collier County, Florida.