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Parcel 290To: From: Date: Subject: MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Ernie W. Kerskie, Real Property Specialist Real Property Management Department October 26, 1999 Golden Gate Boulevard Improvements Collier County Project No. 63041 Parcel: 290 / Adams: subordination of Utility Interests RECEIVED OCT 2 7 1999 BOard of Country Co~ss!oner$ Attached you will find one Subordination Of Utility Interests document for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Robert N. Zachary, Assistant County Attorney, 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 instrument which have been approved by the Office of the County Attorney. The Board of County Commissioners of Collier County, FIodda approved the acquisition by gift, purchase or condemnation in Resolution 99-289, Item 8(b)(7), dated June 22, 1999. Once the document 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. (Ellie please return me the original so that I may record the document .... THANKS.) Thank you. Attachments as stated Real Property Management Department PROJECT NO. 63041 - Golden Gate Boulevard PARCEL NO.: 290 Florida Power & Light Release SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT, entered into this ~ day of ~ ~ , 19~,_ . . ........ ~, . _ ..Ejoy anc~ between COLLIER COUNTY, a political subdivision of me ~ale oT I-Ionoa, ~ts successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Flodda 34112, hereina[ter called "County", and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, by its undersigned officers who have been duly authorized by the corporation to execute this Subordination, whose mailing address is P. O. Box 029100, Miami, Florida 33102, hereinafter called "Ulility." WITNESSETH: WHEREAS, the Utility presently has an inlerest in certain lands that have been determined necessary for road right of way. sidewalk, utility, drainage and maintenance purposes; and WHEREAS, Ihe proposed use of Ihese lands for road fight of way, sidewalk, utility, drainage and maintenance purposes will require subordination o1' lhe interest claimed in such lands by Utility to the Counly, and at the request of the County, the Ulility has agreed, subject to the following conditions, to relocate ils facilities from the Utility's easement lands onto public right-of, way, or has agreed to leave its facilities on the subordinated lands (hereinafter jointly referred to as "Lands" and depicted in Exhibit A attached hereto); and WHEREAS, the County is willing lo pay Io have the Utility's facilities relocated, if necessary, to prevent conflict between Ihe facilities so that lhe benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Ulilily and County agree as follows: Utility subordinates any and all of its interest in the Lands described as follows: (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors or assigns, for the purpose of constructing, Improvfng, maintaining and operating road right of way, sidewalk, utility, drainage and maintenance purposes, over, through, upon and/or across such Lands, including, but no/ limited to. the claim of interest based on the following: Nature of From of Easement 1/30/89 Marc B. Coffers Stephanie D. Coffers PROVIDED that the following fights are granted to Utility: Recorded Flodda Power & 1418/0016 Light Company 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon all Lands in accordance with the Counly's current minimum standards for such facilities. Any construction or relocation of facilities within the Lands will be subject to prior approval by the County. Should the County require the Utility to alter, adjust, or relocate its facilities from or within said Lands, the County hereby agrees to pay the cost of such alteration, adjustment, or relocalion, including, but not limited to, the cost of acquiring appropriate easements. 2. The Utility shall have a reasonable rtght to enter upon the Lands for the purposes outlined in paragraph 1 above, including Ihe right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided thai such rights do not Interfere with the operetlon and safety of the County's facilities. 3. The Utility agrees to repair any damage to the County's facilities and to indemnify the County against any loss or damage resulting from the Utility's exercise of its rights as outlined in paragraphs I and 2 above. 4. These terms and conditions shall be attached as an addendum to the permit, if any, required by lhe County for relocation of lhe Ulility's facllllies within lhe said Lands. 5. This Agreemenl is not assignable except Io the Slate of Florida for the use and benefit of/he Counly in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, Ihe parties hereto have executed this Agreement on the day and year first above written. A~"rEST: .DWIGHT E BROCK, Clerk Al:te~l:.,as to Chalman's Slgqature opl].. ~pprc~ea as lo form and legal suffiden~: BOA R..O'O'~"~"~'-~O M M i S Si O N E R S -a e~,~S. Mac'i~hair,4/e~a~;-:, "-~-- Robed Zachary Asslstanl County Attorney Signed, sealed and delivered in our presence as witnesses: WITNES..~Sig'na'tu;e) '. Name: _C~lc~((-,,/x. ~-,'l\,'C'~,'q (Print oc~" pe ~ .Y, ,) WITNESS (Signature) NameDonna M. Rodcbaush (Print or Type) STATE OF: '7~,~.v,~. COUNTY O F:~,~z_4~mz FLORIDA ~J:~WEI~ ~LIGI4'T COMPANY, a Florida~j~p/.l~/ / By:~ _(seal) · , Se~e~ I hereby certify that on this day, before me, an officer duly autho zed personally appeared 'L39~V~,.h I~'t. ~; ~,~ i . t_o. ke ackn d ! (tiUe) of Flodda Power & Ll"h' ,-,~__L~ , _C~... _(name) a=~ ,,,,~ ....., u , ,-,umpany, a I-Ionoa comoratlon w~-,, ,- ..-.-l.-.,~u,-,.,,,---- ~ ...... -- , ,,,., ,o puisonaln/Known t,, ,,,,, ..'...~ (affix notarial seal) _ {~.~. ~ a. _ _,~.,~/~/~ Notary Signature -- -- Print Name of I~~ Commission Nu My Commisslon . ~t ~nt! OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL ~ ~API' ES, FLORIDA 3~'12 (941) 774-8192 = ii" i SKETCH OF DESCRIPTION (NOT A SURVEY) EXHIBIT' PROJECT NO. ~304, PROJECT PARCEL NO. (loo' R.O.W.) GOLDEN GATE BOULEVARD 25 FOOT ROAD RIGHT OF EMENT 119 DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 F FEET OF TRACT ,i I~ .......... EET OF THE WES 5 RECORDED IN PLAT' ~"JLU"'~I gATE ESTATES UNIT NO. 9, ~S7 BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COI. LIER COUNTY, FLORIDA. ~"~ ..EXI2TING RIGHT OF WAY UN~ JULY 20,1 ~ SHEET '~ OF ~: MEMORANDUM To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Ernie W. Kerskie, Real Property Specialist~"'~'~'J~ Real Property Management Department June 29,2000 Golden Gate Boulevard Improvements Collier County Project No. 63041 Parcel: 290 1 Adams Attached you will find one (1) Easement Agreement for execution by Chairman Timothy J. Constantine concerning the above transaction. Please be advised that Robert N. Zachary, 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 99-289, 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/63041 PARCEL: 290 FOLIO: 37018160002 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between MICHAEL R. ADAMS and MARY K. ADAMS, FIK/A MARY K. STRELKOW, 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 road right of way, drainage, sidewalk, 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 Driveway Restoration Easement (hereinafter referred to as "TDRE") 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 ATTACHED 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 parties as follows: 1. Owner shall grant Purchaser the Properties in exchange for the sum of $6,000.00, broken down as follows: Easement Temporary Driveway Restoration Easement Improvements (If any) $1,700.00 $ 100.00 TOTAL: $6,000.00 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 Properties 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 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 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 instruments in the Public Records of Collier County, Florida. The cost of a title 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 the mortgagee(s). The cost of a 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 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 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, 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 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 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, undertakings, 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 WlTNESS,WHEREOF,~.~ ~ the parties hereto have executed this Agreement on thisc~'~ day of Date Property acquisition approved by BCC: 4/28198 16(B)1 Date Property condemnation approved by BCC: 6/22/99 8(B)7 Res. No. 99-289 AS TO PURCHASER: DATED: ATTEST: DW. IGHT E, 'BROCK, Clerk ' ss (Signature) (Print or Type) BOARD OF ~COMMI~SSIONERS · / / -4// ' t '-:~'/'""/'~ T~HY ,3. ~STA~NE, CHAIrmAN MICHAEL R. ADAM'S Wit~/J'ss (Signature)~ N.a~ne: 4'Z~,,',,,£ ~- ~'- '~ri~/~ype) Witness (Print or Type) MARY K. ADAMj~, F/t~A MARY K. STRELKOW eweo a~'~d ~pi'~'oved by Date '~ z,~.~..: Approved as to form and legal sufficiency: Assistant County Attorney OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34~1'12 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO. 63041 PROJECT PARCEL NO. 290 EXHIBIT:,,,,, Pal~ ! of (100' R.O.W,) GOLDEN GATE BOULEVARD --NORTH PROPERTY LINE 330' I -- EXIST. 50' :~W EASEMENT 25 FOOT ROAID RIGHT OF WAY DRAINAGE, DEWALK, UTILll'~i, & MAINTENANCE EASEMENt g TRACT 119 PROPERTY LINE ----,---" ....e----- EAST Pi: 3PERTY LINE ,75',.... 75, 1'50' L330' SOUTH PROPER'P/LINE :UGHT OF WAY LINE I 2OO DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF TRACT 119, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY ICHECKED BY I SCALE [ DATE 1"= 100' JULY 20, 1998 FILE NO. GGB290 SHISET I OF I Project: Golden Gate Boulevard/63041 Parcel: 290 EXHIBIT "B" THE WEST 30 FEET OF THE EAST 40 FEET OF THE SOUTH 30 FEET OF THE NORTH 105 FEET OF THE WEST 75 FEET OF TRACT 119, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.