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Parcel 131TO: FROM: DATE: RE: INTEROFFICE MEMORANDU Sue Filson, Administrative Assistant Board of County Commissioners Jean Jourdan, Real Property Specia ist I Real Properly Management Department///.'. June 3,1999 Golden Gate Boulevard, Parcel 131 Project 69031 (Morton) 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 O~ce 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 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: Golden Gate Boulevard PARCEL NO: 131 FOLIO: 36716200003 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between WINSTON C. MORTON AND VELMA J. MORTON, husband and wife, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchased'); WHEREAS, Purchaser requires a perpetual, non-exclusive easemenl for drainage, utility and maintenance over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $900.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Properly conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Properly, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, propedy executed, to Purchaser on or before the date of Closing. 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 such instrumentS; properly executed, which either remove, release or subordinate any and all sbch liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property 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 padies, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Easement Agreement Page 2 o o o 10. 11. 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. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local 'environmental laws; that no hazardous substances have been generated, storedl treated or transferred on the Properly 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 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 Properly, b) any existing or threatened environmental lien against the Properly or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 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. The Purchaser shall pay for all costs of recording the conveyance instrument 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 Property from the mortgagee(s). 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 assi9nees, whenever the context so requires or admits. If the Owner holds the Properly 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, F;orida Statutes. under oath, of the name and address of every person having a beneficial interest in the Property before the Properly 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.) This Agreement is governed and construed in accordance With the laws of the State of Florida. Easement Agreement i!:t Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ? day of Ih 19-¢f Date Property acquisition approved by BCC: April 28, 1998. AS TO PURCHASER: i. ATTEST: - DWIGHT E. BROCK, Clerk .--' -,/ , Deputy/Clerk Attest as to Chairman's $~gnature only, AS TO OWNER: DATED: Witness ~ig~atur~) Name: (Print or Type) Witness (Signature,) Names (Print or Type) Witness (Signat~ure) Name: (Print or ~__.~e) Witness~ignatu~q) (Print or Type) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pa~rnela S'7-M~"c~K~ CHairWoman Winston C, Morton 3350 1st Avenue N.W. Naples, FL 34120 Velma J. Mort'jbn, ~ 3350 1st Avenue N.W. Naples, FL 34120 PROJECT NO. 63041 PROJECT PARCEL NO. 131 LEGA CRIPTION &_S_I E'f'C H (NOTA SURVEY) The North 15 feet of the South 65 feet of the East 150 feet of Tract 104, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. IJClt fll PROPE~T~ LI~E WE S r PROPERTY LIt(E Exes lltlG PJYI LIthE $50 FEEr (GOLDEtl O^fE 8LVO.) PROPERTY LltlE __ 15 FOOT DI"LAIt,,I^GE, t, rflLIT '¢ ..... -t- ....... } ...... ~- ....... iT' ...... ;¢ ....... / / [EXJSf~.O 50 Fl', R/W EASEMENTj T TO: FROM: INTEROFFICE MEMORANDUM MAUREEN KENYON CLERK TO THE BOARD JEAN JOURDAN, REAL PROPERTY SPECIALIST I! REAL PROPERTY MANAGEMENT DEPARTMENT,?', SUBJECT: AGENDA ITEM: 16(B) APRIL 28, 1998 RESOLUTION 98-107 DATE: JULY 16, 1999 Attached is the following original document for your safe-keeping: One (1) Easement Conveyance for the four laning of Golden Gate Boulevard between State Road 951 and Wilson Boulevard Project. Official Record Book 2562 Page 2513-2515 attachment PROJECT: 63041 (G. G. Blvd.) PARCEL: 131 FOLIO: 36716200003 2496327 OR: 2562 ?G: 2513 EASEMENT THIS EASEMENT, made and entered into this ~.l ~f'day of l'] 1R~f . 19~., by WINSTON C. MORTON, and VELMA J. MORTON, husband and wife, whose mailing address is 3350 1st Avenue N.W., 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 all the parties to this instrument and its 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, Flodda, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations 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, 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. AS TO OWNER: DATED: 4:~..k ~,-rl '~ FIRST WITNESS (Signature) S,~_..COND WJ~'N, ESS (Signature,S_...) (Print Name) Winston C. Morton 3350 1st Avenue N.W. Naples, FL 34120' THIS CONVEYANCE ACCEPTEO BY THE BOARD OF COUNTY COI4FtISSIONERS, COLLIER COUNTY, FLORIDA, ~;'~UANT 'TO THE PROVISIONS C; L[SOLUTION HO. >~' ' f"~: ''~ OR: 2562 PG: 2514 Page 2 ~gnature) (Print Name) 3350 1st Avenue N.W. Naples, FL 34120 STATE OF COUNTY OF The foregoing Easement was acknowledged before me this ~ [ day of ~, 1999, by Winston C. Morton who is personally known to me or who has produced as identification. (Affix notadal seal) (Sig~ STATE OF ~ COUNTY OF ~ The foregoing Easement was acknowledged before me this ~ day of ~, 1999, by Velma J. Morton who is personally_.known to me or who has (Print Name of Notary) Commission # My Commission Expires: produced as identification. (Affix notadal seal) (Print Name of Notary) Commission # My Commission Expires: · PROJECT NO. PROJECT PARCEL NO. 63041 131 ,. *** OR' L~'rc_u (NOT A SURVEY) 2562 ?G: 2515 The Nodh 15 feet of the South 65 feet of the East 150 feet of Tract 104, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Colller County, Florida. 15~ FEET WEST PROPERTY LINE EAST PROPERTY LII'IE N __ 15 FOOT DP, AINAO~, UTILITY AND MAINTEttANCE EASEMENT SCALE: 1 inch