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Parcel 308RECEIVED MEMORANDUM HAR 2 2 1999 Board of County Coemts TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM: ERNIE W. KERSKIE, REAL PROPERTY SPECIALIST REAL PROPERTY MANAGEMENT DEPARTMENT DATE: MARCH 19, 1999 RE: GOLDEN GATE BOULEVARD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 63041 PARCELS: 308 / SCHAMBELAN Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Heidi F. Ashton, Assistant County Attorney, has reviewed and approved the attached documents. 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 instruments which have been approved by the Office of the County Attorney. 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 cell me at extension 8991 for document pick-up. Thank you. Attachment as stated PROJECT: Golden Gate Boulevard PARCEL: 308 FOLIO: 37112400008 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as lhe "Agreement') is made and entered into by and between ROLAND J. SCHAMBELAN, (hereinafter referred 1o as the "Owner"). and COLLIER COUNTY. a political subdivision of the Stale 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 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 perpetual, non-exclusive Temporary Driveway Restoration Easemenl over. under, upon and across the lands, for reconstructing the driveway, 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 Temporary Driveway Restoration Easement to the Purchaser for the stated purposes, on the terms and conditions set forlh herein; WHEREAS, the Owner desires to be compensated for the Easemenl and the Temporary Driveway Restoration Easement, as well as any, improvements located thereon; WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easement and the Temporary Driveway Restoration Easement (hereinafter collectively referred to as "Properties") and for the improvements, over, under, upon, and across the Properties. NOW THEREFORE. in consideration of these premises, the sum of Ten Dollars ($10.00). and other good and valuable consideralion, the receipt and sufficiency o1' which are hereby mutually acknowledged. it is agreed by and between the parties as follows: 1. Owner shall grant Purchaser lhe Properties in exchange for the sum of $600.00, broken down as follows: Easement Temporary Driveway Restoration Easement Improvements 300.00 100.00 200.00 TOTAL: $ 600.00 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. 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 wtthin 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 Indefinitely, pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all euch Ilans, encumbrances or qualiflcetions affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver the County Warranl to Owner and Owner shall deliver the Properties lo Purchaser in an ins~'ument acceptable to Purchaser. 4. Prior lo Ihe closing, Owner shall obtain from the holders of any and all liens, encumbrances, exceptions, or quallflcetione in and Io the Easement, the execution of such instnJments that will, upon their recording in the Public Records of Collier County, Florida, clear any and all encumbrencas from the Easement. Such instruments, incfudlng the Temporary Driveway Restoration Easement, shall be provided lo Purchaser on or before the date of clo~tnn Page 2 5. 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 exh~its 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. 6. 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, 7. 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 sp~l on the Properties, b) any existing or threatened environmental lien against the Properties or c) any lawsuit, proceeding or investigation regarding the generation, storage, lreatment, spill or transfer of hazardous substances on the Properties. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and ali damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether In coud, out of court, in bankruptcy or administrath, e 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 7. This provision shall survive closing and is not deemed satisfied by conveyance of title. 9. The Purchesm' 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 trans.~er, documentary and Intang~le 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 modgagee(s). 10. This,Agreement and the lerms and provisions herec! shall be effective as of the date this Agreement is execOted by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective helm, executors, person'S,representatives, successors, successor trustees, and/or assignees, whenavor the context so requires or admils. 11. If the Owner holds the Properties In the form of a partnership, limited partnership, corporation, trust or any form of represantativa capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 288, 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.) 12. of Florida. This Agreement is govm'ned and construed in accordance with the laws of the State IN WITNESS WHEREOF, the parties hereto have executed this Agreement on thls,~2¢3~, day of Dated Project/Acquisition Approved by BCC: 04/28/98 BOARD OF COUNTY COMMISSIONERS BY:l/#' ~/ / · ~ r ~,~ ~ // lifameta S. Mac'Kie, Chaim/oma¥i"' 1 Page 3 AS TO OWNER: _ (Print or Type) Approved as to form and legal sufr~ency: Assistant County Attorney 771 Golden Gale Boulevard W. Naples, Florida 34120 PROJECT NO. 6304 PROJECT PARCEL NO. 308 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 75 feet of the East 150 feet of Tract 35, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. WEST PROPERTY LftE (GOLDEN (3ATE 75 FEET EAST PROPERTY LINE N ~5 FOOT DRAINAGE. UTILITY AND ~ ...... '~* °i MAINTENANCE EASEMENT _ (T~aSTING ~0 FT. RM/EASEI~NT) ' Project: Golden Gate Boulevard Parcel: 308 Temporary Driveway Restoration EXHIBIT 'B" THE WEST 30 FEET OF THE EAST 42 FEET OF THE NORTH 25 FEET OF THE SOUTH 90 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 35, 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: 308 Temporary Driveway Restoration EXHIBIT 'B" THE WEST 30 FEET OF THE EAST 42 FEET OF THE NORTH 25 FEET OF THE SOUTH 90 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 35, GOLDEN GATE ESTATES UNIT NO. 11, AS RECORDED IN PLAT BOOK 4, PAGE 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TO: MEMORANDUM SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM: ERNIE W. KERSKIE, REAL PROPERTY SPECIALIST REAL PROPERTY MANAGEMENT DEPARTMENT DATE: JUNE 25, 1999 Clerk to the Board. document pick-up. Thank you. Attachment as stated RE: GOLDEN GATE BOULEVARD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 63041 PARCEL: 308 / SCHAMBELAN Attached you will find one (1) Easement Agreement for~i'~execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Robed Zachary, Assistant County Attorney, has'rewewed and approved the attached documents. 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, ifor the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney. Once the Agreement has been executed, please forward same to Elite Hoffman, Records Technician III, Minutes and Records Management, for attestation by the Ms. Hoffman will then call me at extension 8991 for PROJEC'I': (;olden Gate Ihmlevard fi30.~ I PARCEl.: 30,~ FOl.lO: 3711240~}~J~ I':ANFM ENT A(;RI'~E31ENT ]'Ills ILASEMI'~NT AGREI:.MENT (hereinafter referred to as thc 'Agreement") is made and entered and between ROLAND J. SCHAMBELAN, a married man, joined by hi~ ~ife, MARY I.. SCilA3IIIEI.3. N (hereinafter referred to as the 'Owns'}, and COI.LIER COUNTY. a political subdivision ~:f the State of its successors and assigns (hereinafter referred to as the 'Purchaser'}; ,, WIIEREAS. Ihe Purchaser requires a perpetual, non-exclusive Easement for drainage, .titility maintenance over. under, upon ami across the lands described in Exhibit ~A'. which is attached hereto anti parl of the Agrccmcnl, described as fallows, to 'Wll; SEE AU/'A('III:.D EXl[l[ll'I' 'A'. which is incorporated hereto by reference: WIIEREAS, thc Purchaser rcqmres a perp~..tual, non-exclusive Tcmporary Driveway Resloration over. under, upon and across the lands, for reconslmcting lhe driveway, described as follnv.. ~.. lo '.',it: SI:.E Al'FAC! lED F. XIIIIHT ~B'. ~,hich is incorporated herein b': reference; ',,VIIEREAS. the nY. nee desire~ to convey the Easement and the Temporary I ~rive,.say Resloration to the Purchagcr for the staled purposes, on the terms and conditions ~et fi~,rth herein: WIIEREAS. thc ¢)~ner desires to be compenc, atcd fi~r thc Easement .:nd the Tcmp.~>rary Restoration Ea.'mont. a~ well as any, improvements l~alcd lhe~eon; WIIEREAN. the Purchase has agreed to com~n~tc Iht Owner f'~r thc granting of O~c [{ascent at~,~ ~em~raD' Driveway Rcsloration Ea~menl {hereinafter collectively rcferrcd la as "I'r~pcrhes") and improvemcnln, over. under, u~m. ami acr~s Ihe Pro. Hies. NOW ] HE REFORE. m connideration of tbe~ premiss, the sum of ~en I),,llarn {$1(L{~)}. and ~thc~ and valuable con~ideralion, the receipt and su~cienc), of ~hich are hereby mutuall) ackn,,wledged, it ~ a~ ~wecn the paH~c~ an l. ()~ncr shall grant Purcha<r the I'r~-rlics in exchange f~,r Ihe sum o{ $c,tF).o0. ?~,,kcn do~,n an Easement S 300.00 Improvement~ S 100.00 , ~ Temporaryllrive~ayR~lora{ion Easement S 200.00 :~ 'I'OTAI.: $ 600.00 O~ncr accept~ thc a~ve com~naation as full pay~nl for the Pro~c~, and for all lan~caping, shrubs, improvements and fixtures I~ated thereon, and fi~r any ~gea rcsulling lo the remainder, if Owners entire pro. ny ~a~ taken, and for all other ~ge~ in conneclion with the conveyance of said Propc: to Putcha~'r. 2. Purcha~.r shall pay O~ ncr by County Warrant. 3. ]his Agreement shall ~ null and void, ami of no furlhct force or effect, uulcss closing shall ~cur ~ ninety {90} days from the date Purcha<r execute~ lhi~ Agreement; provided; ho~cv,.r, that Purchaser shall ha~ unilateral right to extend the le~ of thi~ Agreement. ~nding receipt of all pro.ri) executed inst~lmen~ Purchaser's enjoyment of the Pro~Hy. Al closing. Purchamr shall deliver thc ( ounty Warrant to Owner Owner shall deliver [he Pro.Hies to Purchase in an instrument accep~ble to Purchaser. 4. Prior to Ihe closing. Owner ~hall obtain from the holders of any and all licn~, encumbrances, or qualifications in and to Ihe Enfant. the execulion of such instruments that w~il. upon Iheir recording Public Records of Collier Counly. FIori~. clear any and all encumbrances from the Ea~menl. Such instnm~cr~t~. including the Tem~ra~ I)riveway Restoralion Ea~ment. shall ~ provided In Purchaser on or ~fore the closing. 5. Conveyance of Ibc Pro~ies, or any interest in the Pro~'~ies, by O~ncr is c~ntingent upon provisions, condJtion~, or premiss other Ihan those ~o stated a~ve; and the wt~len Agreement. includm~ exhibits altached hereto, shall constitute ~e entire Agreement and understanding of' the parties, and there other prior or conlem~}rancous written or oral agreements, undcrlakings, promise~, warrmtics, or contained herein. 6. Owner i~ aware and undrrslands that the "offer" to purchase represented by this Agreement is sub~'~t acceptance ami approval by the Board of County ('ommian~oncrs ~f ('oilier County. Fly,rids. 7. Owner represents that the Pro. Hies and all uses of the Properties have bern and presently compl;ance with all Federal. State and L~al environmental laws; that no hazardous substances have generated, stored, treated or transfe~ed on the Pro.flies excepl as s~cifica[ly disclosed t~ the Purchaser; lha~ Owner ha~ no knowledge of any spill or environmental law violalion on any pro.fly contiguous to or vicini~ of the Pro.flies to ~ ~ld to Ihe Purc~r. Ihat the O~er has sol received notice and olherwise knowledge ora) any spdl on the Pro~ies. b) any existing or threatened environmental lien against the Properties or c} any lawsuit, preceding or investigation regarding the generation, storage, treatm,:nl, spill or t~n~ft'~ haz2rdoua sub~tances ~n the Pro. Hies. ~is provision shall su~ive closing and is no[ deemed satisfic,: conveyance of title. Page 2 # g. t )v. ncr shall indemnify, defeml, sase anti hold hamdc~ the J'uwha~cr a~,~m~f and I'r.m. ami lo thc I'urcha~'r ~llh ~cs~"cf f~L any and all tbma~e~, clams~. Iiahllmcs. law~. c~sts and expenses (including hm~tatmn rea~mahle paralegal and am~mey fe~ ami cxpcn~ ~hethet in court. ~ut of court, in bankmptc) administrative proceedings or on ap~al). ~lties nr fines moused by or asserted against the Purcha~ by rca~.n or arising om of thc breach of O~-ner's rtTrc~mafinn under ~ccfmn 7. '~is pmvtm.n shall survive cl~ing and sol dccmcd satisfied by conveyance of mit. O. ~hc Purcha~ shall pay fo~ all cmts of recording [he conveyance insmm~cnls tn =he Public Record. Collier C~nty. Florida. All oth~ c~ as~iated wi~ ihi~ Iran~ction including bur not limited {o transfer. d~u~ntary and inlangihle la~. and r~ording cmls for any curative inslmment~ sha~l ~ ~)rne a~d paid hy O~ner. O~ncr shall ~ remissible fi~r paying any cmls and/or fees ass~iated wi~h ~he ~ecuring and recordin~ a 10. 'ilns Agreement and thc terms ami pm~ ~sions hereof shall ~- cffectivc ,,s of fi~c date thi~ Aglccmcnt executed by ~th parties and shall inure Io the ~'ncfil of and ~ binding upon fl~c parlics Iwrcto and lhcir respec~we requires o~ admils. I I. If ~hc O,~-ncr holds I~e Pro~mcs in thc form ora partnership, limited pa~mership, co.ratiOn, any fi~rm of reprc~'nlauvc capacity ~ha~vcr for others. Owner shall make a x< rmcn public disclosure, lo (~aptcr 286. Florida Slamlcs. under oalh. of Ihe name and address of eveD' ~'rso,s having a beneficial inter~. thc Pro~nics ~fi~rc fl~e Pretties hcht in such capacity is conveyed to Purchaser. its su,'ccssors and ~si?~ thc co.ration is registered wilh thc Federal Securities Exchangc Commission -r registered pursuant to 517. Florida Slalulcs. ~ho~ sl(~k i& fi)r ~lc ~n Ibc ffcncral pubhc, it is hereby exempt I).m the prov~sum~ (~aptcr 296. Flori~ Stalulcs.) 12. 'lhi~ Ag~cc~nl is ffovcmcd and con&treed in acconl~ncc ~s ith the I~ g o:' the State of Fl.ri~. ~ IN 'sVI'INESS ~,~I..ERIi¢)F. Ibc parltcs hereto ha,,e executed · l)atcd ProJect/,,cquv, mon Appro)'cd by ncc: ~_a ~/,~ _~,~ AS TO I'URCI lASER: DWIGIIT E.'I~R(~'K. Clerk ~~, t epufy 'ferk ~ {SignalurO (Print ur '1 (l'rml or 'I ( Ptml or (Print or Approved as to fi,rm ami legal sufficiency: Ileidi I'~. Aslflon - Assistant ('ounty Attorney Addtc,,c 771 (,,d(h..u (late Bird v, MARY ~. S('IIAM~II~I.AN~ N~plc;.Fl 34120~ PROJECT NO. 63041 PROJECT PARCEL NO. 308 EXH Brr LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) The North 15 feet of the South 65 feet of the West 75 feet of thu East 150 feet of Tract 35, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida i ~ YIEST PROPERrf UNE GATE SOUTH P~OPERTY LIN! 7.5 FEET EAST PROPERT r' LINE 1.5 FOOT DF'*UUNACE , UTILITY AND MAINTENAt4CE EASEMENT !~ IEXlSTIHG 50 eT. R~'/? EASEMENT] ~ SCALE: linch = lOOfee{ EXItlBIT "B" THE WEST 30 FEET OF THE EAST 42 FEET OF TIlE NORTII 25 FEET OF THE SOUTH 90 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 35, GOLDEN GATE ESTATES UNIT NO. 11, AS RECOI~ED IN PLAT BOOK 4, PAGE 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FI.ORIDA. ~ ~: