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Parcel 185 & 185T L.I. tV 2,:.:,,. REAL PROPERTY MANAGEMENTItm,.iI ~ ,I,~.~ C,,.,,,' ..'~ '... DEPARTMENT TO: SUE FILSON ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM: ROBERT TEXTER REAL PROPERTY SPECIALIST I Date: August 4, 1999 RE: GOLDEN GATE BOULEVARD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 63041 PARCEL: 185 / PRISER Attached you will find (1) Easement Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Robed 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, purchase or condemnation in Resolution 99-284, Item 8(B)(7), dated June 22, 1999. Pursuant to the previous 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 call me at extension 8991 for document pick-up. Thank you. Attachment as stated PROJECT: Golden Gate Boulevard PARCEL: 185 FOLIO: 36910120002 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between WALTER PRISER and ELIZABETH M. PRISER, Individually and as Trustees under the provisions of THE WALTER V. and ELIZABETH M. PRISER JOINT REVOCABLE DECLARATION OF TRUST, as dated January 19, 1994, (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, sidewalk, 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 Driveway Restoration Easement over, under, upon and across the reconstructing the driveway, described as follows, to wit: Temporary lands, for 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 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 sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant Purchaser the Properties in exchange for the sum of $ 6,100.00 broken down as follows: Easement $ 400.00 Temporary Driveway Restoration Easement $ 100.00 Improvements (If any) $ 800.00 Severance Damages $ 4,800.00 TOTAL: $ 6,100.00 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. 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 right to extend the term of this Agreement, pending receipt of all properly executed instruments affecting Purchaser's enjoyment of the Propedies. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Properties 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 such 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 Temporary Driveway Restoration Easement, shall be provided to Purchaser on or before the date of closing. 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 exhibits 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 ot~ 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 Propedies. 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. 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 mortgage(s) recorded against the Easement from the mortgagee(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 padies 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 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 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 parties hereto have executed this Agreement on this ?.q:~day of ~ , 1999. Date Property condemnation approved by BCC: 6/22/99 Resolution No.99-284 Date Property/Acquisition Approved by BCC: 04/28/98 Resolution No. 98- 107 AS TO PURCHASER: DATED: .. .A-TTEST:' ' DWIGHT E.'BROCK, Clerk ' ~~ ~oputy Clerk Att,st a~,.~' BOARD OF COUNTY COMMISSIONERS co..,.. PAM~'S. MACkit, Chalie~or~an' AS TO OWNER: DATE~: -~¢ (Print or Type) Wit. Na me:~¢_~~_ (Print or Type) WALTER V. PRISER, Individually and as Trustee under that certain Joint Revocable Declaration of Trust, dated January 19,1994 2321 Golden Gate Boulevard W Naples. FL 34120 Name:~-_ll/c,J~ ~ (~ .h/Ir/od'- (Print or Type) (Print ~r Type) IZABETH M. PRISER, Individually and as Trustee under that certain Joint Revocable Declaration of Trust, dated January 19,1994 2321 Golden Gate Boulevard W Naples, FL 34120 Approved as to form and legal sufficiency: ...~ H~idl ~=. A/shton Assistant County Attorney PROJECT NO. 63041 PROJECT PARCEL NO. 185 EXHIBIT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East One Half (1/2) of.Tract 2, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. WEST PROPERTY LINE 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT NORTH PROPERTY LINE 135 FT I i30FT (GCX. DEN GATE SL'C"J ) .... F ....... SOUTH PROPERTY LINE T 30FTI EAST PROPERTY LINE · ' EXISTING ~ LINES (EXISTING ,50 FT. mAN EASEMENI"I SCALE: 1 inch ,, 100feel ~ Counly Re~l Pro~e~ )~na~ernenl Detriment 08Ylg/~, 3:10 PM PROJECT: Golden Gate Boulevard PARCEL: 185 FOLIO: 36910120002 2522724 OR: 2584 PG: 1612 ilCONDIO in OFHCIAL UCOID$ of CO~LII! COUI?T, COBS ltO0.O0 Retn: INTIR OUICI EASEMENT THIS EASEMENT. made and entered into this 34; day of ~--"" f '~L---~, 1999, by WALTER PRISER and ELIZABETH M. PRISER, Individually and as Trustees under the provisions of THE WALTER V. and ELIZABETH M. PRISER JOINT REVOCABLE DECLARATION OF TRUST, as dated January 19, 1994, whose mailing address is 2321 Golden Gate Boulevard 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 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, sidewalk, 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 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, remove all landscaping, trees, shrubs, improvements or fixtures located thereon and take materials for the purpose of constructing, operating and maintaining drainage, sidewalk, utility, and maintenance 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 BOARD OF COUNTf COMMISSIONERS, COLL![R COUNTY, FLORID/~, FURSU/,tlT TO THE PR.SVISi3;IS CmF USOLUT:0, r:o. _c_L_~.._/~-____ This pmper',~, has been acquired under threat of condemnation and ~s exempt from documentary stamp OR: 2584 PG: 1613 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES-~?. Name:~~m i (Print or Type) WALTER V. PRISER, Individually and as Trustee under that certain Joint Revocable Declaration of Trust, dated January 19,1994 Witn~ Name'~ (Print or Type) 2321 Golden Gate Boulevard W Naples, FL 34120 Name: ~-1"~'~, ,~. It/( Z (Print or Type) Witne~ Name:~.~.- % (Print or Type) ELIZABETH M. PRISER, Individually and as Trustee under that certain Joint Revocable Declaration of Trust, dated January 19,1994 2321 Golden Gate Boulevard W Naples, FL 34120 STATE OF ~ r'.__=_____ COUNTY OF [';' ' ~( £" · The foregoing Easement was acknowledged before me this ~ day of ~'~ - 1999 by WALTER V. PRISER, Individually and Trustee under that as cedain Join~, Revocabl~,D(~c~laration of Trust. dated January 19. 1994, who is personally known to me or who has produced ~?~}___L) L ~sjdentifl~~ (a~x notarial seal, ~~~ (Signature of Nota~ Public) (Print Name of Notaw Public) NOTARY PUBLIC Serial/Commission ¢:~ My Commission Expires: OR: 2584 PG: 1614 STATE OF \' COUNTYOF~ ~ ~''' The foregoing Easement was acknowledged before me this ~ day of .~.;-~ ....~ , 1999 by ELIZABETH M. PRISER, Individually and as Trustee under that certain Joint' Revocable Declaration of Trust, dated January 19, 1994, who is personally known to me or who has produced ~ ~ tx3L . as identification. who is personally known to me or who has produced (affix notarial seal) / ~- t~gna~ure o~ r~ola ry I"uDiiC~ , ' , ' ' ~ (Print Name of Notary Public) . NOTARY PUBLiC/Commission #:(JLa. QYI.____ ...... ..: My Commission Expires: as identification. Prepared by: F, obort N. Zachary, Esquire Oil;ce of the County Attorney 2.'-;~1 ,.a~t 7amiaml Trail ,~ ,,, .... Florida 34112 (941) '774 PROJECT NO. 63041 PROJECT PARCEL NO. 185 ' EXHIBIT *** OR: 2584 PG: 1615 *** LEGAk_D_ES_CA [P_Z[O~L&..SJiELC B (NOT A SURVEY) The North 15 feet of the South 65 feet of the East One Half (1/2) of Tract 2, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. WEST PROPERTY LIr,IE 15 ¢OOr DRAINAGE, UTILITY PROPERTY 135 FT t I~OFT AND MAINTENANCE EASEMENT --'1 ' I (G3LDEN GATE BLVD ) j SOUTH PROPE~ FY LI~E 30FTI EASTPROPERTYLINE \ (EX~STING ~0 FT RAN EASEMENT) SCALE. 1 ,nch= IOOfeel Co(her County Real P~:per%, M..]c, agemen~ Oepa,~ment 0&,'19,98 335 PM i: ~.~: PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 185T 36910120OO2 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 50 feet of the North 15 feet of the South 80 feet of the East One-Half (1/2) of Tract 2, LESS the East 30 feet thereof, Golden Gate Estates, Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. PROJECT: Golden Gate Boulevard PARCEL: 185T FOLIO: 36910120002 2522725 OR: 2584 PG: 1616 01/23/t~ at 03:31~K COPIIS i,O0 letn: lit INTIR O~HC! TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENT granted thisT_~M, pda of~ Y . , 1999 by WALTER PRISER and ELIZABE RISER Trustees under the provisions of THE WALTER V. and ELIZABETH M. PRISER JOINT REVOCABLE DECLARATION OF TRUST, as dated January 19, 1994, as Grantor, to COLLIER COUNTY, a political subdivision of the State of Florida, 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 or assigns.) WtTNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Driveway Restoration Easement to enter upon the lands described as follows (the "Easement Area"): See attached Exhibit "A", which is incorporated herein by reference. The Easement Area, which is adjacent to the permanent easement conveyed by the Grantor to the Grantee, shall be used by Grantee for the purpose of filling, grading and placing concrete, asphalt or rock, on the Grantor's lands for the purpose(s) of constructing, with materials of like kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway and the newly constructed road, sidewalk, and drainage improvements on Golden Gate Boulevard. This Easement shall expire upon completion of construction or August 31, 2004, whichever occurs first. However, if construction is not completed by August 31, 2004, this Easement shall automatically extend to August 31, 2005. Grantee shall use its best efforts to restore the existing landscaping, plantings and light fixtures within the Easement Area to its original condition. Grantor and Grantee are used for singular or plural, as the context requires. THIS IS HOMESTEAD PROPERTY THIS 60~VEYANCE ACCEPTED BY TIlE ~,:::?, CF COUNTY COMMISSIONERS, CC ' 'F~ COUNTY, FLORID/~,, FL ..';; T,) THE PROVISIONS _ CF ;: ';: ::::~ This property has been acquired under threat of condemnation and is exempt from documentmy stamp tax OR: 2584 PG: 1617 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ~[T_~ F_cSS E S~--.. , Witness (Signature) . (Print or Type) Witn ess ~§idg na'ture~' ' Name:~ (Print or Type) WALTER V, PRISER, Individually and as Trustee under that cedain Joint Revocable Declaration of Trust, dated January 19,1994 2321 Golden Gate Boulevard W Naples, FL 34120 Witness~Si~nature) Name:~t (Print or Type) Witne~ Name:~ (Print or Type) ELIZABETH M. PRISER, Individually and as Trustee under that certain Joint Revocable Declaration of Trust, dated January 19,1994 2321 Golden Gate Boulevard W Naples, FL 34120 STATE OF -[T'lOl'r~ COUNTY OF ~__ The foregoing Easement was acknowledged before me this ':~ L) day of , 1999 WALTER V. PRISER, Individually and as Trustee under that by Declaration of Trust, d~ted Ja,~uary 19, 1994, who is personally known to me or who has produced ~"~, I:>L.. -*"--':'~:~'~t~-~'~--'~ '"/ (affix notarial seal) /' ( .' ' . -- ~i9'na!ure of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission My Commission Expires: OR: 2584 PG: 1618 STATE COUNTY OF The ~ foregoing Easement was acknowledged before me this .'754] day of ,.") t~)..',,, _'~_.~, 1999 by ELIZABETH M. PRISER, Individually and as Truste~ under that certain Joint Revocable~DecJaration of Trust, dated January 19, 1994, who is personally known to me or who has produced ~Z t ~. a~s identification. (affix notarial seal) ~~;7:~;'~:-~'r ~ .... ] --~ ."X'n'. A ~ ',' i:t ~:.[C' :--!,'A "L: ( 4. t', .~ ",. '~ c~,:~¢,~.-.:~ .. ~ c:'-. ~:,':: (Print Name of Notary Public) MYC'(?.fMi:.'-I(;!,;:,:';,' 2. ' -,~ j NOTARY PUBLlO/Oommission My Oommission Expires: Prepared by:/~___ ~ ~". Robort N. ZaChary, fr. squtre Office of tho County Attorney 33~31 East Tamiaml Trail H;~ples, Florida 34112 (941) 774-8400 *** OR: 2584 PG: 1619 PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 185T 36910120002 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 50 feet of the North 15 feet of the South 80 feet of the East One-Half (1/2) of Tract 2, LESS the East 30 feet thereof, Golden Gate Estates, Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida.