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Parcel 249MEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM~%,c'~ONI A. MOTT, SENIOR SPECIALIST REAL PROPERTY MANAGEMENT DATE: SEPTEMBER 24, 1999 RE: GOLDEN GATE BOULEVARD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 63041 Parcel: 249/Mederos Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that the County Attomey's Office has reviewed and approved the attached document. The Board of County Commissioners of Collier County, Flodda 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 instruments which have been approved by the Office of the County Attorney. The Board of County Commissioners of Collier County, Flodda approved the acquisition by gift, purchase or condemnation in Resolution 99-287, Item 8(b)(7), dated June 22, 1999. Once the Agree. ment 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. Attachment as stated PROJECT: Golden Gate PARCEL NO: 249~ederos FOLIO: 37062080~2 Tills EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and be~.'een GERARDO A. ?,IEDEROS and DANIA 1.. MEDEROS, husband and wife, (hereinafter referred to as "Owner"), anti COi.I.IER COUNTY, a polilical subdivision of the State of Florida, its snccessors and assigns (hereinafter referred to as "Purchaser"); WItEREAS, 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 refe. red to as the "Property"), which is attached hereto and made a pan of this Agreement; WIIEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WItEREAS, 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: !. Owner shall convey the Property to Purchaser for the sum of $1,000.00 (One Thousand Dollars), payable by County Warrant (said transaction hereinafter referred to thc "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 resulling 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 par'lies. Ilowever, 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 sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right lo 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 lo 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 v,'ritlen or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware and understands that tile "offer" lo 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 thc Property and all uses of thc Property have been and presently arc 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 thc Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in thc vicinity of the Property to be sold Io the Purchaser, that the Owner has not received notice and othcrwi.~c has no knowledge of a) any spill on the Property. b) any existing or threatened environmental lien against thc Property or c) any lawsuit, proceeding or investigation regarding thc 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 thc Purchaser agaiBst and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralcgal 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. Thc Purchaser shall pay for all costs of recording thc 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 thc securing and recording a Subordination, Consent & Joinder of Easement of thc mortgage(s) recorded against the Properly from tile mortgagee(s). 9. This Agreement and thc terms and provisions hereof shall bc effective as of the date this Agreement is executed by both parties and shall inure to thc benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, suo:cssor trustees, and/or assignees, whenever thc context so requires or admits. Easement Agreement Page 2 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 thc name and address of every person having I beneficial interest in the Property b~fore the Properly held in such capacity is conveyed to Purchaser, its successors and assigns. (If thc corporation is registered with the Federal Securities Exchange Commission or registered pursuan: to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from thc provisions of Chapter 286, Florida Statutes.) I I. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WtlEREOF, the parties hereto have executed this Agreement on this ~L2. s/~. day of Date Property acquisition approved by BCC: 4/28/99 and 6/22/99 AS TO PURCIIASER: AT[ES'Ti ' . · DWIGtIT E. BROCKt C}crk · Ag,TO ~- (Print' r  T~e) ~Prinl or T~) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~ PAI~IELA S. MAC'KIE~ Cha' ~trwon~an GERARDO A. MEDEROS Address: 698 Springline Drive Naples, FL 34102 DANIA L. MEDEROS Address: 698 Springline Drive Naples, FL 34102 Approved as to form and Robert Za~:har~ '~ Assistant County Attorney PROJECT NO. 63041 PROJECT PARCEL NO. 249 EXHIBIT ,-~ Page, , ~,, of '~' [.EGAL DESCRIPTION & SKETCH_ (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 33, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. tlO~TH PROPERTY WEST P~OPERTY LIllE EXISTING R/W LlfllE DOFT 30FTI 300FEET EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT :'-': :.:.. :....._-:., ............. (EXISTING 50 FT, RAN EASEMENT) GOLDEN GATE BlVd. SOUTH PROPERTY LINE Jt SCALE: 1 Inch · 100 feel Memorandum TO: Ellie Hoffman Records Technician 1II Minutes & Records Management FROM: v, ,Toni A. Mort ~),,'~'~Senior Specialist ,_ ~r't Real Property Management Department DATE: October 29, 1999 RE: Golden Gate Boulevard Improvements Collier County Project No. 63041 Ellie, attached please find one (1) oxigiaal recorded Easement and for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift, purchase or condemnation in Resolution 99-288, Item 8(b)(7), dated June 22, 1999. Please contact me if you have any questions or comments at 8991. Thank you. attachments as stated PROJECT: PARCEL: FOLIO: 63041/Golden Gate Boulevard 249/Mederos 37O6208OO02 EASEMENT 2542717 OR: 2600 PG: 3310 II~IIDID la O?fIClA~ IICOIOS o! COillll COJiI~, ~ I011211~ it 0~:21~ DTI~ I. !1~I, ~ ~OIS I~11.11 ~ ~ IS.~ 1.11 tern: IIAL ~lOfllfl I~l THIS EASEMENT, made and entered into this 12 ~ day of 5'e,~ ~,,.n ~-,~,,- , 19tiff, by GERARDO A. MEDEROS and DANIA L, MEDEROS, Husband and Wife, whose mailing address is 698 Springline Drive, Naples, Flodda 34102 as Grantor to COLLIER COUNTY, a politicfll- subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Flodda 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 representative.',, 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 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 dght to enter upon said land, place, excavate, and take materials for the purpose of constructing, operating and maintaining 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 wdtten. · / id ¥~itn~ss (~i~nature) (Print or Type) Name: ~/~/~ ~ (P~nt or Ty~e) ~is pm~ has ~en a~uir~ under ~t ~ mndemnatlon and Is ~pt from ~m~ ~mp GERARDO A. MEDEROS Address: 698 Springline Drive Naples, FL 34102 T~ZS COt4VEYANCE ACCEPTED BY THE 1 FC:~~ OF COUNTY COI'IMISSIOtlERS, C.- ' r ':g'JhTY, FLOP, Ir)A, Pu~,~..~/,r,! TO THE PROJLI,SIO_NS OF [<[SOLUTION NO.~-.~C~ ~_~. ~ Witne~sz~Sign~u re) Name: r/ /~ /~r. ~ (Priht or Type) Name: OSdnt or' Type~ OR: 2600 PG: 3311 DANIA L. MEDEROS Address: 698 Spdngline Ddve Naples, FL 34102 STATE OF COUNTY The foregoing Easement was acknowledged before me this '~_'~v& day of c' 1999, by GERARDO A. MEDEROS, who is personally known to me or ed as identification." (affix notarial seal) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: STATE OF COUNTY OF The foregoing Easement was acknowledged before me this 3--'~,~[ day of .(~ ~? .-r~. , 1999, by DANIA L. MEDEROS, who is..p_.~onally known to me or who has produced as identification. - ~ (affix notadal seal) Prepared Robert N. Zachary, Esquire Office of the County Attorney 3301 East Tamlami Trail Naples, Florida 34112 (941) 774-8400 (~ry Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: ~~ My Commission Expires: PROJECT NO. 63041 PROJECT PARCEL NO. 249 EXHIBIT...~. page_.._~, of..J~ ,r *** OR: 2600 PG: 3312 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The Nodh 15 feet of the South 65 feet of Tract 33, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Pag,; 101 of the Public Records of Collier County, Florida. NORIH PROPERTY L!UE (~0 FT WEST PROPER rY tlr~E .__ ~. E x+s r lNG Rh'l LIllE 30FTI 300~-EET 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (EXISt'lNG 50 FT, RAN EASEMENT) SOUTH PROPERTY LINE ~T EAST PROPERTY LINE N GOLDEN GATE BLVD. SCALE: I inch = 100 leet Memorandum TO: FROM: DATE: RE: Ellie Hoffman Records Technician III Minutes & Records Management ~,Joni A. Mott ~'~Supervisor 4~ Real Property Management Department June 7, 2000 Golden Gate Boulevard Improvements Parcel 249/Mederos Ellie, attached please find one (1) original Easement Agreement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift, purchase or condemnation in Resolution 99-287, Item 8(b)(7), dated June 22, 1999. Please contact me if you have any questions or comments at 8991. Thank you. attachment as stated PROJECT: Golden Gate Boulevard/63041 PARCEL NO: 249/Mederos FOLIO: 37062080002 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between GERARDO A. MEDEROS and DANIA L. MEDEROS, husband and wife, (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 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 &sties 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 $1,000.00 (One Thousand Dollars), payable by County Warrant (said transaction hereinafter referred to 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 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 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 covenants not contained herein. 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 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 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. 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 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. Easement Agreement Page 2 10. If the Owner holds the Property in the form of a partnership, limited parmership, 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.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~2.O& day of Date Property acquisition approved by BCC: 4/28/99 and 6/22/99 AS TO PURCHASER: DATED: .-DWIGHT'E .~ BRO .C~<,, ~l~:.rk DATED: Name: marne: Type) Name: r Type) Witness ~ Name: ]~.t ~ O [t~ (Friht or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GERARDO A. MEDEROS Address: 698 Springline Drive Naples, FL 34102 DANIA L. MEDEROS Address: 698 Springline Drive Naples, FL 34102 Approved as to form and Robert Zachary Assistant County Attorney Reviewed and Approved b~: Public Works Divts~o,q PROJECT NO. 63041 PROJECT PARCEL NO. 249 LEGAL,DESCRIPTION & SKETCH (NOT A SURVEY') The North 15 feet of the South 65 feet of Tract 33, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE WEST P .F~pERTy LINE /f EXISTING R/W LINE 130 FT I I i I i I I I J 130 FT 300 FEET 60 ft. FOOT DRAINAGE, UTILITY EAST PROPERTY LINE 1'4 (EXISTING 50 FT. RRV EASEMENT) GOLDEN GATE BLVD. SOUTH PROPERTY LINE T SCALE: 1 inch = 100 feet Collier County Real Properly Management Oepadment 06123/98 12:24 Pr,