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Parcel 150 BPROJECT: Golden Gate Boulevard PARCEL: 150 B1' FOLIO: 36812940005 2550868 OR: 2607 PG: 0014 I1/01/I~! at O~:~4P~ O~Glff I. llO¢i, CLll~ ~IC FII I$.11 COfllS te~n: ~IAL TEMPORARY DRIVEWAY RESTORATION EASEMENT KENMARK CONSTRUCTION, INC., o 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.) WITNESSETH 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 Temporary Driveway Restoration 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 Temporary Driveway Restoration 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 odginal condition. Grantor and Grantee are used for singular or plural, as the context requires. THIS IS NOT HOMETEAD PROPERTY IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. (I WII.~qESSES: FIRST WITNESS (Signature) Kenmark Construction Inc. a Florida corporation. OR: 2607 PG: Page 2 STATEOF-'T~--~tU(.,&(.% COUNTY OF~~ , The foregoing EASE~MENT was acknowledged before me this ~ day of ,..~t.C:~E,._., 1999, by ~ (Name), ~ (Pr6sidentNice President) of Kenmark Construction, Inc., a Flodda. ~LS'-'~ is personally known to me or who has produced (Affix notarial seal) Commission My Commission Expires: o'~ I~l~.ooo ~bor~ N. Zacl~ary, t:squtre Of~Ice of the County Attorney ,,::01 East Tamlarnl Trail t;~:ptas, Florida 34112 (941) 774-8400 PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 15O BT 3681294O0O5 *** OR: 2607 PG: 0016 EXt-tlSIT "A" / TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the Easl 80 feet of the South 5 feet of lhe North 80 feet of the East 165 feet of Tract 47, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. ENQINEERIt~ O~I~T. ~ FLORIDA 34112 PROJECT: Golden Gate Boulevard PARCEL: 150 B FOLIO: 36812940005 ;.~. ;',:LE.." ' "' ' d;, 2550875 OR: 2607 PG: 0030 IICORDII) il O~HCZ~L llCOII)S Of COtLI]l ~FT~, J% IIC ~! IS.N letn: I~11 OlIlCl EASEMENT THIS EASEMENT, made and entered into this ~ day of ~ 19_~. by KENMARK CONSTRUCTION, INC., a Florida corporation whose mailin~ address is ..... ~ ........ ~ ..... ,~ ,,, Naples, FL 94't097, as Grantor to COLLIER COUNTY, ~~('~e of F oride1,s ~s~ 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 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 sidewalk, 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 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, remove all landscaping, trees, shrubs, improvements or fixtures located thereon and take materials for the purpose of constructing, operating and maintaining sidewalk, 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. Dated: ,--.~-~. 19~.c.~ WITNESSES: .,--~--- · ~' ' /_~_' Kenmark Construction Inc. a Flodda corporation. (Print Name) ~ /' %----~ SEC~ .. WlT~NESS/(,Sig.nature) Pdt -~ . (Print Name) Title T,Tc ,' .... ,,r,. r ...... ~'TrD BY rite F;' L ;':,3, '- RESOLUTION OR: 2607 PG: 0031 Page 2 STATE OF COUNTY OF ~ The foregoing EASEMENT was acknowledged before me this lC)'~h day of ~___._~., 1999, by ~ (Name), (Prdsiden~ice Pre~ ~enmark ~onstmction, Inc., a Fiodda. ~ is p?sonally known to me or who has produced as identifi~i~. (A~x notarial seal) ..... -. . "~~~- Commission ~~ My Commission Expires: Prepared by:. /~---~ k ~ Robert N. Za~h~'~y, ~squfre Office of the County Attorney 3301 East Tamlaml Trarl Napl6s, Florida 34112 (941) 774-8400 OFFiC ,L PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) '/74-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO 83041 PROJECT PARCEL NO 150B DESCRIPTION: GOLDEN GATE BOULEVARD -'~"-'--~-- EXIST. 50' R¥ / EASEM ENT---~. '/i 2.5 FOOT ORAINAGE, SIOEWALK, UTILITY, & MAINTENANCE EASEMENT EAST 1§5 FEET OF TRACT 47 TRACT 47 I 330' 165' THE SOUTH 25 PEET OF THE NORTH 75 FEET OF THE EAST 165 FEET OF TRACT 47. GOLDEN GATE ESTATES,UNIT NO. 5, AS RECOPCEO IH PLAT BOOK 5P^GE 91 OF THE PUBLIC RECORDS CF COLL!ER COUHTY. FLORIDA F'-EXISTING RIGHT OF WAY LINE 1" · 100' JULY 1~. 1998 OGB1.50B T1 OF 1 TO: FROM: DATE: INTEROFFICE MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Real Property Specialist II JeanReal Jourdan,Property Management Departmen~--,~ ' September 16, 1999 RECBVED SEP 16 19~.J- ..... rd Coufl~ Commissioners , RE: Golden Gate Boulevard, Parcel 150 B & 152 .Project 63041 (Kenmark Construction) Attached you will find two (2) Easement Agreements for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that the document has been reviewed and approved by the County Attorney's Office. The Board of County Commissioners approved the acquisitions by gift or purchase 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. The Board of County Commissioners of Collier County, Florida approved acquisitions by gift, purchase or condemnation pursuant to Resolution 99-283, Agenda item 8 B.,,~.., dated April,.2E 1999 Once the Agreements have been executed, please forward same to Ellie Hoffman, Records Technician III, Minutes and Records Management, for attestation by the Clerk to the Board. If you have any questions regarding this matter, please contact me at 774-8991. Thank You. Attachment: PROJECT: Golden Gate Boulevard FOLIO: 36812940005 PARCEL: 150 B EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between KENMARK CONSTRUCTION, INC., a Florida corporation, (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 sidewalk, drainage, utility and maintenance (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 ATTACHED EXHIBIT "A", which is incorporated herein by reference; WHEREAS, the Purchaser requires a non-exclusive Temporary Driveway 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 ATTACHED EXHIBIT "B", which is incorporated herein by reference; WHEREAS, the Owner desires to convey the Easement and the TDRE (hereinafter collectively referred to as "Properties") 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 parties as follows: 1. Owner shall grant Purchaser the Propedies in exchange for the sum of $5,300.00, broken down as follows: Easement $ 1,300.00 Temporary Driveway Restoration Easement $ 100.00 Improvements $ 3.900.00 TOTAL: $ 5,300.00 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. Page 2 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 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 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 TDRE, shall be provided to Purchaser on or before the date of closing. 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 knowlodge 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 Propedies. This provision shall survive closing and is not deemed satisfied by conveyance of 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 coud, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asseded 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 til. le. 8. The Purchaser shall pay for all costs of recording the conveyance instruments in the Public Records of Collier County, Florida. All other costs associated wilh 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 Subor<~ination, Consent & Joinder of Easement of the mortgage(s) recorded against the Easement from the mortgagee(s). 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 Propedies in the form of a padnership, 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.) Page 3 11. Conveyance of the Properties, or any interest in the Propedies, 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, undedakings, 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 J~ day of ~>-,;~:[, ~_.r____, 19qc~ Dated Project/Acquisition Approved by BCC: 4/28/98 16(B)1 Dated Project/Condemnation Approved by BCC: 6/22/99 Res. No. 99-28~ AS TO PURCHASER: DATED: O~.~,-~.~ , ATTEST: · ~I~HT E. BROCK, Clerk Attest, as t,~ ~5~l~rk s ~ gna t~t '~ 1 ~. BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, FLORIDA , Pamela S. Mac'Kie, Chairwo(~an DATED:, ')~ ;¢1, K)~ Iqfiq Witness (Signature) Name r~ ¢~, I~ L'~.~[,' (Print or Type) ¥: 'Wk"~[s~g nature)¢ / (Print or Type) Kenmark Construction, Inc. a Flodda corporation Title: /_//'~ P/¢~¢~'. Naples, FL~4!09- :~'--t ~. I O FFIC CAPTFAL PROJECTS 3301 EAST TAMIAMI TRAIL HAPLES, FLORIDA 34112 (941) 774-8192 S-KETCH OF DESCRIPTION (NOT A SURVEY) PROJECT r,lO 83041 PROJECT PARCEL NO. 150B {:00' R OW ) GOLDEN GATE BOULEVARD L__ EXIST 50' Rvl,' EASEM. ENT----I TRACT 25 FOOT DRAINAGE, SIDEWALK. UTILITY, & MAINTENANCE EASEMENT 47 EAST 165 FEET OF TRACT 47 185' ~ t~TH PROCER ,' ! .__.~'-'" EXISTING RIGHT OF VVAY LINE 0 ~ ~00 ;~0 330' DESCRIPTION: THE SOUTH 25 FEET Or: THE NORTH 75 FEET OF THE EAST 155 FEET OF TRACT 47. GCLOEN GATE ESTATES.UNIT NO, 5. AS RECORDED Ihl PLAT BOOK 5,PAGE 91 OF THE PUBLIC RECORDS OF COLLIER COUNT'f'. FLORIDA. 1' · 10<7 I JULY 16, 1998 GGB150B SHEET 1 OF 1 PROJECT: PARCEL: FOLIO: Golden Gate Boulevard 150 BT 36812940005 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 80 feet of the South 5 feet of the North 80 feet of the East 165 feet of Tract 47, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida.