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Parcel 336TO: FROM: MEMORANDUM SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS ERNIE W. KERSKIE, REAL PROPERTY SPECIALIST REAL PROPERTY MANAGEMENT DEPARTMENT DATE: MAY 17, 1999 RE: GOLDEN GATE BOULEVARD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 63041 PARCEL: 336 / WARNOCK I Attached you will find an 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 document. The Board of County Commissioners of Collier County, Florida approved ihe 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 I~as authorized its present Chairman and any subsequent Chairman, for the life of ~he 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 Hoffm~n, ecords Techmclan III, Minutes and Records Management, for attestation by the Clerk to the Board. Ms. Hoffman will then call me at extension 8991 or document pick-up. Thank you. Attachment as stated PROJECT: (Go G. Blvd.) PARCEL: 336 Folio: 3716672000/6 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between HAROLD G. WARNOCK AND JANIE L. WARNOCK, HUSBAND AND WIFE, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the Sta~e of Florida, its successors and assigns (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for road right-of-way, drainage, sidewalk, utility, and maintenance purposes 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 wil; SEE ATTACHED EXHIBIT "A", which is incorpor;~led herein by re[erence; WHEREAS, the Purchaser requires a perpehJal, non-exclusive Temporary Driveway Restoration Easement over, under, upon and across the lands, for reconstructing the driveway, described in Exhibit "B", which is attached hereto and made a part of the Agreement, described as follows, to w~t; SEE ATTACHED EXHIBIT "B", which is incorporated herein by reference; WHEREAS, the Owner desires to conw.~y the Easement and the Temporary Driveway Restoration Easement to the PurchaseF for th~-~, stated purposes, on the terms and conditions set forth herein; WHEREAS, the Owner desires to be compensated for the Easement 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 consideration, the receipt and sutficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant Purch,~ser the Properties in exchange for the sum of $2,200.00, broken down as follows: Easement S 700.00 Temporary Driveway Restoration Easement S 100.00 Improvements (If any) $_1.~4_0_0.00 TOTAL: $2,200.00 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 conr~(;ction with the conveyance of said Properties to Purchaser. 2. Purchaser shall pay Owner by County Warrant. 3. This Agreement shall be null and void. ~nd of no fudher 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 exter~d the term of this Agreement, pending receipt of all :¢roperly executed h~struments affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver the (;ounty Warrant to Owner and Owner shall deliver the Properties to Purchaser h~ tn instrument acceptable to Purchaser. 4. Prior to the closing, Owr~er shall obta!t; 'rom the holders of ~iny ant! ~11 liens, encumbrances, exceptions, or qualifications ~r~ and to the Easement, the execution of such instruments that will, upon their rer. ording in the Public Records of Collier County, Florida, clear any and all encumbran(;,;s from the Easement. StJch instruments, including the Temporary Driveway Restoration Easement. shall be provided to Purchaser on or before the date of closing. 5. Conveyance of the Propedies, or an',,' ~nterest in the Prol)erties, by Owner is contingent upon no other provisions, condition':,, 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 !he parties, and there are r~o other prior or contemporaneous written or oral agrer~.~,~,-;nts, undertakings. ;-)romis~.~s. warranties, or covenants not contained herein. 6. Owner is aware and understands ','~;d the "offer" to purchase represented by this Agreement is subjer;t to acceptan¢:,: ~nd approval b7 thr.~ Board of County Commissioners of Collier County. Florida. 7. Owner represents that the Properties ;,r~d all uses of th,-; Propertir~s have been and presently are in cor'nplianc6 with id1 Federal, State ;Jr'id Loc~I environmental laws; that no hazardous substances h;~,;e been generated, stored, treated or transferred on the Properties except a~ specifically disclosed to the Purchaser; that the Owner has no knowh~.dge of any s[)dl r.)r enviror~mental h~w violation on any property contiguous to or in the vicinity of thC; Properti(zs to be? :~old to the Purchaser, that the Owner has not rece,ved notice and ¢)lherv,,ise has no kr~owledge of a) any spill on the Propedies, b) any existing or threat~m¢;d environmental lien against the Properties or c) any lawsuit, proceeding or investi(~ation regarding the generation. storage, treatment, spill or transfer of hazardous subst;mces on the Properties. This provision shall survive closing and is not deemed satisfi~:,! by conw.~yance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with rr:spect to, any and all damages. claims, liabilities, laws, costs and expenses (includin!~ without hmitaUon reasonable paralegal and attorney fees and expensr;s whether in ~.,~J~l, out o! court, ~n bankruptcy or administrative proceedings or on appeal), penalties ~;r fines incurred by or asserted against the Purchaser by reason or aris~r',g out of the br,:;)ch of Owner's representatior~ under Section 7. This provision shall survive closing ;_~d is not d,;emed t, atisfied by conveyance of title. 9. The Purchaser shall pay for all cost,~, of recording the cor~veyance instruments in the Public Records of Collier County, Fl,:-,r~d,]. All other costs associated with this transaction including but not limited to transfr;¢, documentary and intangible taxes, and recording costs for any curative instruments shall be. borne and paid by Owner. Owner shall be responsible for pa'/ing any co.';ts and/or fees associated with the securing and recording a Subordin,'~tion, Consent ,~ Joinder of Easement of the mortgage(s) recorded against the Easemrmt from the rn{}rtgagee(s) 10. This Agreement and the terms and pro,/~sions hereof shall tee effective as of the date this Ag~'eement is executed by both part~:,, and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor truste~;r~, 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 accordance with the laws of the State of Florida. IN WITNESS WHEREOF the pames hereto ha,.,,: executed this Agreement this=~ day of ~,~/ ' , 199t . Dated Project/Acquisition Approved by BCC: 4/28/98 AS TO PURCHASER: DATED: ~ -..~ 0--~':1 AT.TE s'rt: ~;,'; . , D'.WIGHT E,~.L~gCK' Clerk , ~..~,...'~.~.. -~...,, Qeput¥ Clerk Witness (Signature) N a me:___~,,., _.,, (Print or Type) Witness (Signature) Name: ~3/~",.a./, ,¢ .~'/,, ..' (Print or Type) Witness (Signature) Name: ,~..,~ ~,~,,~_.~.. (Print or Type) Witness'(Signature} (Print or Type) BOARD OF (;OUNTY COMMISSIONERS COLLIER COIJNTY, FLORIDA ¥ HAROLD (~ WAR~-~)~'~'- ........ "' ,¢ANIE L WARNOCK ....... Approved as to form and legal sufficiency: Assistant County Attorney OFF. SE OF CAPITAL 3301 EAST TAMIAMI TRAIL (941) 774-8192 , P, OJ ECTS I: NAP, LES, FLORIDA 34112 SKETCH OF DESCRIPTION (NOT A SURVEY) EXtlI BIT "A" - '¢ 6 1 PROJECT PARCEL t;O 33~ 25 FOOT ROAO RIGHT Of WAY_ ORAJNAGE. SIDEWALK. UTILITY & ~MdNTE.NA,NCE EASEME~tT WEST 1S0 FEET TRACT e7 TRACT DESCRIPTION: THE SOUTH 25 FEET OF f~E NORTH 75 FEET OF THE FEET OF TRACT 87. GOLOEq GATE ESTATES UH!T HO RECORDED Itt P~f BOOK 4. PAGE lcd. OF T~E PUBLIC RECORDS O¢ COLLIER COUti~, FLORIDA (I CC' R o.w.) GOLDEN CATE BOULEVARD EXIST 50 ,'/EASEMEHT--. · ',AY LINE SHEET 1 oF 1 Project No, 6304 l Pa~'cel No. 336 T Exhibit "B" TEMPORARY DRIVE~,VA¥ RESTORATION EASEN{ENT (A/O/'A SURI/EF) The East 35 Feet o£the Soulh 35 £ect o£thc ~or~h 110 l'ect ot'lh.~ West 150 £cct of'Tract 87, Golden Gale Estales Unit No. 12, as recorded in Plat Book 4, Parc 105, o£th¢ Public P,:ccrds ct' Collier County, Florida. To: From: Date' Subject: MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Ernie W. Kerskie Real Property Specialist 8Oard of Count~ ¢~r~fSsfonerl Real Property Management Department October 06, 1999 Golden Gate Boulevard Improvements Collier County Project No. 63041 Parcel: 336 / Warnock Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Robert N. Zachary, Assistant County Attorney, has reviewed and approved the attached document. 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 instrument which have been approved by the Office of the County Attorney. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift, purchase or condemnation in Resolution 99-29'1, Item 8(b)(7), dated ,June 22, '1999. Once the Agreement has been executed, please forward same to Ellie Hoffman, Records Technician Ill, Minutes and Records Management, for attestation by the Clerk to the Board. Ms. Hoffman will then call me at extension 8991 for document pick-up. Thank you. Attachments as stated Real Property Management Department PROJECT: PARCEL: FOLIO: Golden Gate Boulevard163041 336 / Warnock 37166720006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter re[erred to as the "Agreement") is made and entered into by and between HAROLD G. WARNOCK and JANIE L. WARNOCK, 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 road dght of way, drainage, sidewalk, 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 AT-~'ACHED EXHIBIT "A", which is incorporated herein by reference; WHEREAS, the Purchaser requires a non-exclusive Temporary Ddveway 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 A'I-I'ACHED EXHIBIT "B", which is incorporated herein by reference; WHEREAS, the Owner desires to convey the Easement and the TDRE (hereinafter collectively referred to as "Propedies") 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 padies as follows: 1. Owner shall grant Purchaser the Properties in exchange for the sum of $2,300.00, broken down as follows: Easement Temporary Driveway Restoration Easement Improvements (1[' any) $ 800.00 $1,400.00 $ 100.00 TOTAL: $2,300.00 Owner accepts the above compensation as full payment for the Properties, and for all landscaping, trees, shrubs, imprbvements and fixtures located thereon, and for any damages resulting to the remainder, if less than Owner's entire properly 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 dght to extend the term of this Agreement, pending receipt of all property executed instruments affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Propedies 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 sL'ch Instruments that will, upon their recording in the Public Records of Collier County, Florida, clear any and all encumbrances from the Easement. Such instruments, including the TDRE, shall be provided to Purchaser on or before the date of dosing. 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 o[ 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 represem:ation 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. The cost of a title commitment shall be paid by the Purchaser. 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 a 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 lo 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 olher than those so stated above; and the written Agreement, including all exhibits attached herelo, shall constitute Ihe 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 ~33L, day of .~ ~---"~'*,~¢..3~, 19_Q,,C~.... Date Property acquisition approved by BCC: 4/28/98 16(B'll Res. 98-107 Date Property condemnation approved by BCC: 6/22/99 8(B)7 Res. No. 99-291 AS TO PURCHASER: :A'FrEST! ! ': ..DWIGHT E.:;BRO~E, Clerk A[~:'i,~,[,,jj ~ Deputy Clerk es~ig~a~rff¢ , ~rint pr T~pe) b Witness (Si~natuG)- ~ Name: P[~,, ~ , ~% (Prin~ TypiC BOARD ~ISSIONERS COLLIER ~;~Uh)TY, ~'LORIPA P~a S. Mac'l~i~.Chain~¢ma~ ' I~,~ROLD G. WAF.;NOCK Address: 440 Golden Gate Boulevard West Naples, FL 34120 Name: ,,~{fc,~f~) %l/ ~¢'~1¢~ rd-6 ~ . t~pr~nLor~y~e) Witness ~gnat~re)~ Name: ~ (Print or T~pe) Address: 440 Golden Gate Boulevard West Naples, FL 34120 Approved as to form and legal sufficiency: Robed N. Za'/ccha~ Assistant County Attorney OF .~,$E OF CAPITAL~'h,ROJECTS 3301 EAST TAMIAMI TRAIL NAP, LES, FLORIDA 34112 (941) 774;8192 ' SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO 63041 PROJECT PARCEL NO. 336 EXHIBIT "A" 25 FOOT ROAO RIGHT OF WAY_ DRA]NAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT WEgT P~OPERTY LlflE ~ (100' R.O.W.) (3OLDEN GATE BOULEVARD L EXIST. 2 WEST 150 FEET TRACT 87 TRACT 87 {%WEASEMENT--.~ : DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 150 FEET OF TRACT 87, GOLDEN GATE ESTATES UNIT NO 12, AS RECORDED IN PI.~.T BOOK 4, PAGE 105. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. __..~-' EXISTING RIGHT OF WAY LINE DRAWN BY L____ v, ~oo' JULY 22, 1995I OGB33e SHEET t OF 1 EXHIBIT THE EAST 35 FEET OF THE SOUTH 35 FEET OF THE NORTH 1 I0 FEET OF WEST 150 FEET OF TRACT 87, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105 OF THE PUBLIC RECORDS OF COLLIER. COUNTY, FLORIDA.