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Parcel 113RECEIVED NOV - 1998 INTEROFFICE MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: DATE: Jean Jourdan, Real Property Specialist II Real Property Management Department November 5, 1998 RE: Golden Gate Boulevard, Parcel 113 Project 69031 (Gutman) According to Resolution 98-107, Agenda Item 16.B.1, dated April 28, 1998, the Board of County Commissioners approved the purchase of land interests for the Golden Gate Boulevard Roadway Improvement Project. The attached Purchase Agreement has been executed by the property owner of the subject parcel of land. These documents have been reviewed by County Attorney staff. Please complete the document(s) as necessary and return them to my attention. If you have any questions regarding this matter, please contact me at 774-8991. Thank You. Attachment: PROJECT: 63041 (G. G. Blvd.) PARCEL: 113 FOLIO: 36717400006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") Is made and entered into by and between ROSE GUTMAN, Individually and as Trustee U/DFF dated 6/21/77, whose mailing address is 6025 Shore Boulevard South, Ste., #205, Gulfpod, FI., 33707 (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, ils successors and assigns (hereinat'ter referred lo as lhe "Purchaser"); WHEREAS, the Purchaser requires a perpetual non-exclusive easement for drainage, ulilily and maintenance over, under, upon and across the lands described in Exhibit "A", which is attached herelo and made a part of this Agreement, (hereinafter referred Io as lh6 "Property") described as follows, to wit; See attached Exhibit "A" which Is incorporated herein by reference. WHEREAS, the Owner desires to convey the Easement to the Purchaser for the stated purposes, on lhe terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easement over, under, upon, and across Ihe 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 are hereby mulually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant Purchaser an Easement over, under, upon, and across the Properly in exchange for the sum of $2,500.00 (Two Thousand and Five Hundred Dollars) as full payment for lhe Properly interests taken and for removal or destruction of landscaping, trees, shrubs, improvements, and fixtures, and for any damages, fees and costs resulting to lhe remainder, if less than the entire property was taken, and for all other damages in connection with said Property. 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, Ihen the Purchaser shall have the right to install said drop curbing where Purchaser deems appropriate. 2. Purchaser shall pay Owner for the Easement by County Warrant. 3. Both Owner and Purchaser agree that closing shall occur within sixty (60) days of the execution of the Agreement by Purchaser. However, Owner agrees that closing may be extended until such time as any and all liens, encumbrances, exceptions, or qualifications in and Io the Property are properly executed and delivered to the Purchaser. At closing, Purchaser shall deliver the County Warrant Io Owner end Owner shall deliver an Easement lo Purchaser in a ¢orm acceptable to Purchaser. Page 2 4. Prior to lhe closing, Owner shall obtain from the holders of any and all liens, encu~bra~}ces, exceptions, or qualifications in and lo Ihe Property, /he execution of such il~strumenls thai will, upon their recording in the Public Records of Collier County, Florida, clear any and all encumbrances from the Property. Such instrumenls shall be provided Io Purchaser on or bel'ore lhe date of closing. 5. Conveyance of the Easemenl, or any interest in the Property, by lhe Owner is contingent upon no other provisions, conditions, or premises other lhan those so stated above: and Ihe written agreemenl, including all exhibits attached hereto, shall constilule lhe emire agreement and understa~ding of Ihe Parties, and Ihere are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants no/contained herein. 6. Owner is aware and understands that lhe "offer" to purchase represented by this Agreemenl is subject to acceplance and approval by the Board of Counly Commissioners of Collie'r Counly, Florida. 7. Owner represents that the Properly and all uses of the Properly have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, Irealed 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 ~n 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 existi~l~j or threatened environmental lien against Ihe Property or c) any lawsuit, proceeding or investigation regarding lhe generalion, storage, treatment, spill or transfer of hazardous substances on Ihe Properly. This provision shall survive closing and is not deemed satisfied by COnveyance of title. 8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect Io, any and all damages, claims, liabilities, laws, costs and expenses (including without limitalion reasonable paralegal and attorney fees and expenses whether in court, out of coud, itl bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of lhe breach of Owner's representalion under Seclion 7. This provision shall survive closing and is not deemed salisfied by conveyance of lille. 9. The Purchaser shall pay for all costs of costs associated wilh this transaction including but recording lhe Easement. All olher no[ limited to transfer, documentary and inlangible [axes, 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 obtaining and recording of a Subordination, Consent & Joinder of Easemenl of the mortgage(s) recorded againsl the Property from the mortgagee(s). 10. If the Owner hods lhe Properly in lhe l'orm 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 oalh, of Ihe name and address of every person having a beneficial interest in the Property before lhe Properly held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporalion is registered wilh the Federal Securilies Exchange Commission or registered pursuanl Io Chapter 517, Florida Statules, whose stock is for sale to the general public, it is hereby exempt from the provisIons of Chapler 286, Florida Statutes.) 11. This Agreement is guverned and construed in accordance with the laws of the Slale o1' FlOrida. Page 3 IN WITNESS WHEREOF, the Agreement on this ~ day of Dated Project/Acquisition Approved by AS TO PURCHASER: DATED: · ',~,TTE ST: ''// : DWIGHT.E. BR'~.'CK, Clerk Attest as'to Chatr~lm'$ s t gna Lure "~ I y. AS TO OWNER: D A T E D :__ L~Li__~__.~._~ Name: ,..% h oj.,,.., ,¢~..__'~]~ o~. ~:L~__~",,,..., Witness (~igna~ (Prinl or Type) - parties hereto have executed this Easement ,19 BOARD OF COUNTY COMMISSIONERS COi:.LIER COUNTY, FLORIDA uarDara B. Berry, ~Chair~an~ o'se Gutm~"n, Individual~'y ~nd'~s Trustee 6025 Shore Boulevard Ste. #205 Gulfport, Fl,,33707 PROJECT NO. 63041 PROJECT PARCEL NO. 113 L glETJ.QB_ S_EE_T_C (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 41, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida· WEST PROPERTY LINE EXISTIrlG RAN LINE NORTH PROPERTY LINE 3,~0 FEET EAST PROPER~ LINE 15 FOOT DFLAItlAGE. UTILITY I Ar4D MAINTENANCE EASEMENT T (EXIST lNG 50 FT. R,,'W Fr. ASEME NI) (GCX. OEN GATE BLVO.) OUTH PRORERI~ LINE ] SCALE: I inch · 100 leel Ca~ Cou~'~y Rea~ Pm~e~7 Ma~emenl ~nl 06/'2:~J,8 9 12 AM PROJECT: 63041 (G. G. Blvd.) PARCEL: 113 FOLIO: 36712440003 2397985 OR: 2482 PG: 3154 II~ii OIIIC! cows 2500,00 sic FxI 15.00 DOC-JO 17,50 EASEMENT THIS EASEMENT, made and entered into this. I~/;~' day of /'~, ~ ,k ~ ;/ ' 19~, by ROSE GUTMAN, Individually and as Trustee U/D/T daied 6/21/77, whose mailing address is 6025 Shore Boulevard South, Ste., #205, Gulfport, FI., 33707, 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 ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege for drainage, utility and maintenance purposes, on the foltowing described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and take materials for the purpose of constructing, operating and maintaining drainage, and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. THIS CONVEYANCE ACCEPTED BY THE 1 BOARD OF COUNTY COPU~IS$IONER$, COLLIER COUNTY, FLORIDA, PURS'.':~IT TO THE PR~VJSIONS OF ~[5~LUiiO:~ t~O. ~ Page 2 OR: 2482 ?G: 3155 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: .~ignature). (PJJ. nted Name) ~'Printed Name) Rose Gutrffan, Individually and as Trustee 6025 Shore Boulevard Ste. #205 GulfPort, FL 33707 STATE OF COUNTY OF .The foregoing Easement was acknowledged before me this ~day of ~)c,~ ,1998, by Rose Gutman, Individually and as Trustee, wh s~ally~own to me or who has produced ' as identification. (affix notarial seal) ~"~S)~nature (~f Noiary'lSublic) ('Print Nam~ of NotarY Public)~ - NOTARY PUBLIC Serial/Commission #: My Commission Expires: · I~I~OJECT NO. 63041 PROJECT PARCEL NO. 113 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 41, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Flodda. EAST PROPERTY LINE 1~ FOOT DRAJNAGE, UTII. R~ L T (EXISTING ~ FT. I~W EA.~MENT) (GOLDEN C~TE B~.VD.) ~ llnch - 100feel