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Parcel 150 AIll I I III ! INTEROFFICE MEMORANDUM TO: FROM: DATE: Sue Filson, Administrative Assistant Board of County Commissioners Jean Jourdan, Real Property Specialist II/~/~ Real Property Management Department,/ ~ , August 27, 1999 RE: Golden Gate Boulevard, Parcel 150 A Project 63041 (FRY) Attached you will find one (1) Easement Agreement 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 Commissioner of Collier County, Flodda approved the acquisition 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 havo been approved by the Office of the County Attorney. The Board of County Commissioners of Collier County, Florida approved acquisition by gift, purchase or condemnation pursuant to Resolution 99-283, Item 8 B.7, dated June 22, 1999. 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. If you have any questions regarding this matter, please contact me at 774-8991. Thank You. Attachment: PROJECT: Golden Gate Boulevard PARCEL: 150 A FOLIO: 36812920009 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between GERALD T. FRY AND SUSANNAH B. FRY, 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 sidewalk, utility,,,drainage 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 pad 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 rnade 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 "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 parties as follows: 1. Owner shall grant Purchaser the Properties in exchange for the sum of $4, ?00.00, broken down as follows: Easement Temporary Driveway Restoration Easement Improvements (if any) $1,300.00 $ 100.00 L3.300.00 TOTAL: $ 4,700.00 Owner accepts the above compensation as full payment for the Propedies, 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 bo 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 Properties. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver Ihe 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 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 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. 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 representation under Section 6. This provision shall survive closing and is nol deemed satisfied by conveyance of title. ' 8. The Purchaser shall pay for all costs of recording the conveyance instruments in tho 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 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 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 h~reby exempt from the provisions of Chapter 286, Florida Statutes.) 11. Conveyance of the Propedies, or any interest in the Properties, by Owner is contingent upon no other provisions, conditions, or premises other than those so staled above; and the written Agreement, including all exhibits attached hereto, shall constitute Ihe 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· 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS_WHEREOF, the par~i~s~ hereto have executed this Agreement on Dated Project/Acquisition Approved by BCC: ~2.J~gJ~ Dated Project/Condemnation Approved by BCC: 6122/99 Res. No. 99-2R.,3_ AS TO PURCHASER: ATTEST: DWIGHT E. BROCK, Clerk Attest m~ to Chmt~'s Witness (Signature) . Name ....... ...... (Print or Type) With.SS (Siop~ture)~ ,~ -- (Print or Type) Witness (Signature) Name: ' - /) fPrinl'¢r Tyge) (Print or Type) BOARD OF COUNTY COMMISSIONERS Pamela S. Mac'~, ChaiMoman Gerald T. Fry Susannah B. Fry FROJECT NO. 63041 PROJECT PARCEL NO. 150A LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The South 25 feet of the North 75 feet of the West 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. NO~TH PROPERTY LINE (GOLDEN GATE EXISTING R,~ UI~E WE ST PROeERTY UNE "165 FEET SOUTH PROPERTY LINE T (EXISTING ~0 FT. ~ F. ASEI,Elfr , , 25 FOOT SIDEWALK. DRAINAGE. UTILITY AND MAINTENANCE EASEMENT EAST PROPERTY LINE N PROJECT: · PARCEL: FOLIO: Golden Gate Boulevard 150 AT 3681292OO09 ? / TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 102 feet of the South 20 feet of the North 95 feet of the West 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. RICHMOND p. BLIC WORKS ENGINE! 3301 EAST TAMLAJVll TRA3,. NAPLES, FLORIDA 34112 PROJECT: Golden Gate Boulevard PARCEL: 150A FOLI.O.,:, 3~8~2920009,4 This proper,)' n.q.-: .... n ..-:cq'..~m,, un,!er f~irP.,at O[ COrd:.::;",5'.:.:'. :',r.:; ;'; C::.~',mp'. fr..-;;;! i;[0cumcnLaty s~:r~p t..-..x EASEMENT THIS EASEMENT, made and entered into this ~ day of ~'~'~', 19__~, by GERALD T. FRY AND SUSANNAH B. FRY, husband and wife whose mailing address is 2980 Golden Gate Boulevard West, Naples, FL 34120, as Grantor to COLLIER COUNTY, a political subdivision of the State of Flodda, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, as Grantee. 2532550 OR: 2592 PG: 2558 RECCRHD ~n O!~ICIAL HCORD~ of COL~HR COUII~, FL DO¢-,?O .?0 co?Ig~ 3.o0 Rets: ~991 IXHR OHIC~ (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 ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege for sidewalk, drainage, utility and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, remove all landscaping, trees, shrubs, improvements or fixtures located thereon and take materials for the purpose of constructing, operating and maintaining sidewalk, drainage, and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. W _<~~~SSES: . Witness (Signature) Name: Christine Weaver (Prat or-Type) Wi(n~essy(Signature) Name: (Print or Type) Gerald T. Fry 2980 Golden Gate Blvd. W. Naples, FL 34120 OR: 2592 PG: 2559 Witness (Signature) Christine Weaver Name: (Print, or Type) Wit~,es$,(Signature) (Print or Type) Susannah B. Fry ~ 2980 Golden Gate Blvd. W. Naples, FL 34120 (affix notarial seal) COUNTY OF~ ('-"~, .,. The foregoing Easement was acknowledged before me thisQ_~ day of ~k.~,\k~,~' , 1999, by Gerald T. Fry, who is personally known to me or who has produced t~-[ _~.")(._.- as identification. (Print Name of Notary Public) NOTARY PUBLIC ..... Serial/Commission #: - 1~-.--~ My Commission Expires: STATE OF COUNTY 199~by~usannah B. FW, who is personally known to me or who has produc%d ~% [ , as identification. (affix notarial seal) ('-Signatt~re of~-~tary Public) Christine Weaver ~opar~ by' / R~ort N. Zadhary, E~ulre Office of the County Attornoy ~1 East Tamlaml Trail Na~s, Florida ~112 (~) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: ""'-')~'~"'~-'~ My Commission Expires: ~ I~ROJECT NO. 63041 PROJECT PARCEL NO. 150 A LEGAL DESCRIPTION & SKETCH (NO T A SURVEY) The South 25 feet of the North 75 feet of the West 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. hORTH PROPERTY LINE (GOt. DEN GATE BLVD ) / (EXISTING 50 FT. RAN EASEMENT EXIST!~iG R,%' L,NE ----J ................ ~' ' ' ' ' ' "'-- L 25 SIDEWALK, ~I~GE. ~ILI~ AND MAINTEN~CE EASEME~ WE~T PR~ER~ LINE ~ST PROPER~ LINE N 165 FEET PROPERTY LINE ~ SOUTH $CAL~' linch = f~fee! L co~r~, County Real Prc~erty Management Oeparlmen! 05J'2BJ~g B;,t~ AM