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Parcel 110 BINTEROFFICE MEMORANDUM TO: MAUREEN KENYON CLERK TO THE BOARD FROM: JEAN JOURDAN, REAL PROPERTY SPECIALIST II REAL PROPERTY MANAGE/vlENT DEPARTMENT SUBJECT: AGENDA ITEM: 16 (B)(1) APRIL 28, 1998 RESOLUTION 98-107 DATE: JUNE 17, 1999 Attached is the following original document for )'our safe-keeping: Easement Convc)'ance for the four laning r)f Golden Gate Boulevard between State Road 951 and Wilson Bot, levard Project. OFFICIAL RECORD BOOK 2552 PAGE 3485-3487 Attachment as stated PROJECT: 63041 PARCEL: 110B FOLIO: 36761740000 EASEMENT 2484531 OR: 2552 PG: 3455 THIS EASEMENT, made and entered into this ~!~" day of 1999, by JOHN A. MARZUCCO AND LINDA R. MARZUCCO, husband and wife, whose mailing address is 3770 Golden Gate Boulevard, Naples, FL 34120, 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 afl the padies 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 reservation.,; of record. THIS IS HOMESTEAD PROPERTY 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, operatimj and maintaining drainage and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shat! constitute easements running with the land and shall burden the lands describec above. IN WITNESS WHEREOF. the Grantor has caused these presents to be executed thc date and year first above written. STATE OF ~-iLO,(i(, COUNTY OF i ]¢;i't~ i¢.~' AS TO OWNER: I ness (Signa ute) Name: ~a-t (Pti t or T pe) ~tness (Signature) Name: (Print or Type) John~A. Marzucco '- , '~/ 3770 Golden Gate Boulevard Naples, FI 34120 THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COHHISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PI~QVISI_QNS 'r OF RESOLUTION NO. V'~2t¢' ~q /~. /;' / OR: 2552 PG: 34 6 Page 2 Name: i /", f/ (Print ef Typ~e) ^ ,., ..._ "' "U Witness(Signature) ~" Name: (Print or Type) STATE OF ~r C~Fi~l. COUNTYOF f ~11~'¢ Lin'da R. Marzucco 3770 Golden Gate Boulevard Naples, FL 34120 ~ T, he foregoing Easement was acknowledged before me this "' ~ day of ~, 1999, by John. A. Marzucco who is personally known to me or who has ~~ as identification. . (Signature of Nof~]ry Publif;) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: ~._~. My Commission Expires: STATE OF ~( ~ i,(i,(.l. COUNTY OF f it!~vv The foregoing Easement was acknowledged before me this 'i it day of .J _ 1999, by Linda R. Marzucco who is.p. er_s?_na, lly_known_to rr~e ~r who has p/'oduce¢ as identification. (affix notarial seal) (Signature of-Notary Pu6,1ic) (Print Name of Notary Pu_51ic) NOTARY PUBLIC Serial/Commission #:~l My Commission Expires: PROJECT NO. 63041 PROJECT PARCEL NO. 110 B L E_GA L_DJ~ ~¢J].l P T I QN_ZLS_K EZ~[-I (NOT A SURVEY) The South 15 feet of the North 65 feet of the East One Half (1/2) of Trar 33, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page of the Public Records of Collier County, Florida. N :65 FEET SOUfH PROPEPTY LI!,IE ~- SCALE llntJ~ = 100[ee4 INTEROFFICE MEMORANDUM FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Jean Jourdan, Real Property Specialist II .~ Real Property Management Depadment/~, May 4,1999 Golden Gate Boulevard, Parcel 110 B Project 69031 (Marzucco) Pursuant to Resolution 98-107, Agenda Item 16.B.1, dated April 28, 1998, 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. For the Golden Gate Boulevard Project, please reference Resolution No. 98-107, Paragraph 8. The attached Easement Agreement has been executed by the property owner of the subject parcel of land. These documents have been reviewed and approved 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 PARCEL: 110B FOLIO: 367617400000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between JOHN A MARZUCCO AND LINDA R. MARZUCCO, 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 over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a pad o~' 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 Easement 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 forth herein; WHEREAS, the Owner desires to be compensated for the Easement a¢,d 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 consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the pames as follows: 1. Owner shall grant Purchaser the Properties in exchange for tho sum of $2,900.00 broken down as follows: Easement $ 900.00 Temporary Driveway Restoration Easement $ 100.00 Improvements (If any) $ 1,900.00 TOTAL: $ 2,900.00 ~ge 2 Owner accepts the above compensation as full payment for the and for all landscaping, trees, shrubs, ~mprovements and fixtures located ereon, and for any damages resulting to the remai,,der, if less than Owner's entire was taken, and for all other damages in connection with the conveyance of tid 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, ~less closing shall occur within sixty (60) days from the date Purchaser executes this reement; provided; however, that Purchaser shall have the unilateral right to extend ~e term of this Agreement indefinitely, pending receipt of such instruments, properly which either remove, release or subordinate any and all such liens, or qualifications affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver the County Warrant to Owner and shall deliver the Properties to Purchaser in an instrument acceptable to urohaser. 4. Prior to the closing, Owner shall obtain from the holders of any and all ~ns. encumbrances, exceptions, or qualifications in and to the Easement, the of such instruments that will, upon their recording in the Public Records of County, Florida, clear any and all encumbrances from the Easement. Such including the Temporary Driveway Restoration Easement, shall be ~vided to Purchaser on or before the date of closing. 5. Conveyance of the Properties, or any interest in the Properties, by is contingent upon no other provisions, conditions, or premises other than those stated above; and the written Agreement, including all exhibits attached hereto, shail the entire Agreement and understanding of the parties, and there are no her prior or contemporaneous written or oral agreements, undertakings, promises, or covenants not contained herein. 6. Owner is aware and understands that the "offer" to purchase by this Agreement is subject to acceptance and approval by the Board of Commissioners of Collier County. Florida. 7. Owner represents that the Properties and all uses of the Properties ire 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. 8. 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 7. This provision shall survive closing and is not deemed satisfied by conveyance of title. Page 3 9. 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 modgage(s) recorded against the Easement from the modgagee(s). 10. 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. 11. If the Owner holds the Propedies 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.) 12. This Agreement is governed and construed in accordancr., w~th the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agr~;ement on this "-7~ day of , ',~ ..... , ___. 19~!'i. Dated Project/Acquisition Approved by BCC: 4-28-98 AS TO PURCHASER: DATED: .~;.~:f. ? / ATTEST: DWIGHT E. BROCK, Clerk - "':~1~' '~ ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Page4 AS TO OWNER: DATED: ¢/'7/~/¢ Witness (Signature) Name: "T~,~,~%h~,- ~ ~ \ (print or Type) Witness (Signature) Name: .)r%5,~,. ,~ (Print or Type) Joh~ A. Marzucc .o~_ ~ . 3770 Golden Gate Boulevard Naples, FL 34120 W~tness (Signature) Name: FY, 1 ,v.~,,, ~, ~. ,-~.,, ~, . (Print or ~e) ~ Witness (Signature) Name:.~E,,,,.~,, ~,:~,(,c (Print or Type) Linda p,. Marzucb. o ' , 3770 Golden Gate Boulevard Naples, FL 34120 Approved as to form and legal sufficiency: { ,/, , ~ Heidi F. Ashton Assistant County Attorney PROJECT NO. 63041 PROJECT PARCEL NO. 110 B _LEGAL DESCRIPTION & SKETCJ-] (NOT A SURVEY) The South 15 feet of the Nodh 65 feet of the East One Half (1/2) of Tract 33, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. £XI'.STIIF.~ P;,'l L:HE - - Project No.: 63041 Parcel No.: 110B EXHIBIT "l~" THE EAST 35 FEET OF THE WEST 57 FEET OF THE SOUTH 25 FEET OF THE NORTH 90 FEET OF THE EAST ONE HALF (1/2) OF TRACT 33. GOLDEN GATE ESTATES UNIT NO. 4, AS RECORDED IN PLAT BOOK 4, PAGE 79 OF THE PUBLIC RECORDS OF COLLIER CCijNTY FLORIDA.