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Parcel 329 & 331MEMORANDUM TO: Ellie Hoffman Deputy Clerk Minutes & Records Management FROM: Ernie W. Kerskie Real Property Specialist Real Property Management Department DATE: September 26, 2000 RE: Golden Gate Boulevard Project Owner: Pena / Parcels 329 & 331 Please find attached one (1) original recorded Easement, (1) original recorded Temporary Driveway Restoration Easement and (I) original executed Easement Agreement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the acceptance or recordation of same on June 22, 1999, Item 8(B)7. Please contact me if you have any questions or comments at X8991. Thank you. attachments as stated cc.' N. Korti, Project Manager, TECMD Inventory File w/attachment PROJECT: GOLDEN GATE BOULEVARD PARCEL: 329 & 331 FOLIO: 37114640002 & 37114800004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between GUILLERMO PENA and CARMEN PENA, 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 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 $3,800.00, broken down as follows: Easement (#329 - $500.00, #331 - $500.00) Improvements (#329 - $2,000, #331 - $600.00) Temp. Driveway Restoration Easement (#329 - $100, #331 - $100) $1,000.00 $2,600.00 $ 200.00 TOTAL: $3,800.00 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 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, 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 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 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 WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ l day of ~ 0 ~R.~, 2000. Dated Project/Acquisition Approved by BCC: 4~28/98 16(B)1 (Res. #98-107) 6/22/99 8(B)7 (Res. #99-291) AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk ., E~eputy Clerk Chatnan' s signature' on~ AS TO OWNER: BOARD OF~'MIsSIONERS COLLIER (~:3UNTY, FLORIDA Tim h~ Const~lr~?~e, Chta'i'rman /,~'-'~TED:. ~ '7_- ¢~ Wit~"ess~_~l:gnatu~e) ~ Nam~~{ ~- ~~ (Print or ;y~ Witness (Signature) Name: ~r~t ~, (Print or Type) ~ (~rint'or ~yp~) Witness (Signature) Name: G¢~ ~, (Print or Type) GUILLERMO PENA CARMEN PENA Approved as to form and Assistant County Attorney PROJECT NO. 63041 PROJECT PARCEL NO.329 EXHIBIT Pa~ I of LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 105 feet of Tract 72, 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 NORTH PROPERTY LINE 105 FEET EXISTING R/W LINE (GOLDEN GATE BLVD.) EAST PROPERTY LINE N 15 FOOT DRAINAGE , UTILITY AND MAINTENANCE EASEMENT (EXISTING 50 FT. R/W EASEMENT) SOUT. P.OPERTYLI.E T SCALE: 1 inch = 100feet Collier County Real Property Management Department 07/01FJ8 1:17 PM PROJECT NO. 63041 PROJECT PARCEL NO.331 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY') The North 15 feet of the South 65 feet of the West 105 feet of Tract 73, 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 (GOLOEN GATE BLVD.) NORTH PROPERTY LINE 105 FEET SOUTH PROPERTY LINE T EAST PROPERTY LINE 15 FOOT DRAINAGE , UTILITY AND MAINTENANCE EASEMENT (EXISTING 50 FT, R/W EASEMENT) SCALE: 1 inch = 100feet Collier County Real Property Management Department 06/25191~ 1'.08 PM Project No. 63041 Parcel No. 329 T EXH Bn' TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A $URVEY) The East 30 feet of the West 53 feet of the North 10 feet of the South 75 feet of the East 105 feet of Tract 72, Golden Gate Estates Unit No, 11, as recorded in Plat Book 4, Page 103, of the Public Records of Collier County, Florida. EXHIBIT pBge _ Parcel No. 331 T Temporary Driveway Restoration Easement The East 50 feet of the West 78 feet of the North 15 feet of the South 80 feet of the West 105 feet.of Tract 73, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier county, Florida. PROJECT: GOLDEN GATE BOULEVARD PARCEL: 331T + FOLIO: 37114800004 2688210 OR: 2720 PG: 3016 RR¢0NUBD in O~FIOIAL NBCORDB of COLLIER COUNTY, 09/12/2000 at 02:08PH DWIGHT B. BROCK, CLRRK Retn: HBAL PNOPNRT¥ 8ZT 8991 INTSR O~ICN TEMPORARY DRIVEWAY RESTORATION EASEMENT CONS 200,00 RBC ~S! 19.50 COPlBS 4.00 THIS EASEMENT granted this 7fi- day of .-,,~,,~':~ ",~. , 2000, by GUILLERMO PENA and CARMEN PENA, husband and wife, whose mailing address's 411 Golden Gate Boulevard West, Naples, Florida 34120-2168, as Grantor, to COLLIER COUNTY, a political subdivision of the State of Florida, 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 or assigns.) WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Driveway Restoration Easement to enter upon the lands described as follows (the "Easement Area"): See attached Exhibit "A", which is incorporated herein by reference. The Easement Area, which is adjacent to the permanent easement conveyed by the Grantor to the Grantee, shall be used by Grantee for the purpose of filling, grading and placing concrete, asphalt or rock, on the Grantor's lands for the purpose(s) of constructing, with materials of like kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway and the newly constructed road, sidewalk and drainage improvements on Golden Gate Boulevard. This Temporary Driveway Restoration Easement shall expire upon completion of construction or August 31, 2004, whichever occurs first. However, if construction is not completed by August 31, 2004, this Temporary Driveway Restoration Easement shall automatically extend to August 31, 2005. Grantee shall use its best efforts to restore the existing landscaping, plantings and light fixtures within the Easement Area to its original condition. Grantor and Grantee are used for singular or plural, as the context requires. THIS IS NOT HOMESTEAD PROPERTY IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Wit n~ss (S',q n~t~r~). (Print or Type) Witness (Signature) Name: ~r~f (Print or Type) GUILLERMO PENA Address: 411 Golden Gate Blvd. West Naples, FL 34120-2168 .,~ (~rin~ or T~p?) Witness~Signature) Name: ~r~ ~. (Print or Type) his prope has been acquired under threat of condemnation and is exempt from documentary stamp tax CARMEN PENA Address: 411 Golden Gate Blvd. West Naples, FL 34120-2168 Ti.i Z S" CON V E YAN CE~'A CC£P?EI)-B~-?HE1 BOARD OF COUNTY COMMISSIONERS, C01 LI:ER COUNTY, FLORIDA, OF RESOLUTION NO. OR: 2720 PG: 3017 Page 2 STATE OF FLORIDA COUNTY OFCOLLIER The foregoing Easement was ackno~ before me this _~.~_~ day of by GUILLERMO PENA, who is ~'r,~ly know~to me or who has produced [type of identification] as identific~ ~. 2000, (affix notarial seal) ~¢~7% Ernest W. Kerskie ~ ~ ~'~i0~CC753115 AT~ ~NOING ~., INC (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Easement wa~wledged before me this "7/'-- day of by CARMEN PENA, who is ~y~k'nd--wrr~..¢o me or who has produced of identification] as identificatio71'7.-- 2000, [type (affix notarial seal) ,~..¢,Y~,~ Ernest W. Kerskie · A, ~.,Commissio~ # CC 753t15 ("Of: ~ ATLANTIC BONDING CO. INC (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: Prepared by:. Robert N. Zachary, Esquire Office of the County Attorney 3301 East Tamlaml Trail NapJes, Florida 34112 (941) 774-8400 OR: 2720 PG: 3018 Project No. 6304 Parcel No. 329 T EXHIBIT.,q Page / of ~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOTA $URVED The East 30 feet of tile West 53 feet of the North 10 feet of the South 75 feet of the East 105 feet of Tract 72, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103, of the Public Records of Collier County, Florida. OR: 2?20 ?G: 3019 EXHIBIT~_.~.__ Page_ ~ of__~_. Parcel No. 331 T Temporary Driveway Restoration Easement The East 50 feet of the West 78 feet of the North 15 feet of the South 80 feet of the West 105 feet of Tract 73, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. Hetn: ~B~L PHOPHNTY BIT 8991 INTHR OP~ICH 2688209 OR: 2720 PG: 3012 COHS RHCORDBD in the OEYICIAL RBCORDB of COLLIHR COUNTY, FL RBC EBB 09/12/2000 at 02:08EM DWIGHT B. BROCK, CI.BRK COPlBS PROJECT: 63041/Golden Gate Blvd. PARCEL:S29+331 / Pena FOLIO: 37114800004 3? I I ~bq oooz. EASEMENT 3600.00 1%50 4.00 THIS EASEMENT, made and entered into this q~ day of ~,~ip7/~/~4 ~¢z', 2000, by GUILLERMO PENA and CARMEN PENA, husband and w(fe, whose mailing address is 411 Golden Gate Boulevard West, Naples, FL 34120-2168, 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 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 VACANT LAND AND NOT THE HOMESTEAD PROPERTY OF THE GRANTOR TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, remove all landscaping, trees, shrubs, improvements or fixtures located thereon 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 written. Witn',e/~r~ at~ r~ ) ~-- Name: ¥'3~,', ~ ,~J~ ,~-' (FSrin{'or ~pe) Witness (Signature) Name: ~,-e (Print or Type) GUILLERMO PENA ~j Address: 411 Golden Gate Boulevard W Naples, FL 34120-2168 This property has been acquired under threat of condemnation and is exempt from documentary stamp tat THZS CON~Y~A~CE~CCEPTED"-B¥ THE BOARD OF COUNTY COMMISSIONEP~, C01L~ER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. ~-~1 _ OR: 2?20 ?G: 3013 Page 2 Witness Si(~g.Qa!u re) (P~'int ~r Type) Witness (Signature) Name: ~ (Print or Type) CARMEN PENA Address: 411 Golden Gate Boulevard W Naples, FL 34120-2168 STATE OF COUNTY The foregoing Easement was acknowledged be~:~e-me-_J.b~ -~'~_ day of ..~ ~ PT', 2000 by GUILLERMO PENA, who is I:t~ know~ me or who has produced as identification, (affix notarial seal) _.,.~Y./'~,_ Ernest W. Kerskie ~ ~ ~,Commissi0o ~ CC 75311 § ~:,,~ Exp~ Ju~21, 2~2 ~ ~- BONDED (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: STATE OF COUNTY OF ~T~he foregoing Easement was acknowledge~this ~7j'~- day of ~ I~ ~"J-,,2000, by OARMEN PENA, who is(g..__._~ally knc~w~ to me or who has produced as identification. (affix notarial seal) Ernest W. Kerskie ~m~si~ ~ CC 753t 15 xpires June 21, 2002 Prepared by:. Robert N. Zachary, Esquire Office of the County Attorney 3301 East Tamlaml Trail Naples, Florida 34112 (941) 774-8400 (Signatur~-~f Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: OR: 2720 PG: 3014 PROJECT NO. 63041 PROJECT PARCEL NO. 329 EXHIB , Page ~ of,,,;;~ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 105 feet of Tract 72, 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 (GOLDEN GATE BLVD.) NORTH PROPERTY LINE t05 FEET SOUTH PROPERTY LINE 'T EAST PROPERTY LINE 15 FOOT DRAINAGE , UTILITY AND MAINTENANCE EASEMENT (EXISTING 50 FT. ~ EASEMENT) SCALE: I Inch = 100feet Collier County Real Propedy Management Depadment 07/01/98 1:17 PM *** OR: 2720 PG: 3015 *** PROJECT NO. 63041 PROJECT PARCEL NO. 331 EXHIBIT pa~ ~ of LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 105 feet of Tract 73, 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 PJW LINE (GOLDEN GATE BLVD.) NORTH PROPERTY LINE 105 FEET EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT T ' (EXISTING 50 FT. P,A'V EASEMENT) SOUTH PROPERTY LINE T SCALE: linch = 100feet Collier Counb/Real Pmperb/Management Department 06/25/98 1:08 PM