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Parcel 116/BickfordTO: FROM: DATE: RE: Memorandum Ellie Hoffman Records Technician III Minutes & Records Management Cindy Erb Sr. Property Acquisition Specialist Real Property Management Department November 19, 2001 County Barn Road - Parcel #116 - Harry E. & Martha R. Bickford Please find attached one (1) original recorded Easement and one (1) original Easement Agreement for the above referenced project. The Board of County Commissioner of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 96-356, Agenda Item 16 B 6, dated August 13, 1996, and approved the acquisition by condemnation pursuant to Resolution 2000- 193, Agenda Item 8 B 2, dated June 27, 2000. Please contact me if you have any questions or comments at 8917. Thank you. attachments as stated CC: A.N. Korti, Transportation w/attachments Tax Appraiser's Office w/Easement only Contractor's File w/attachments Inventory File w/attachments Office of the Real Property Management Department PROJECT: County Barn Road PARCEL: 116 FOLIO #: 00406600305 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between Harry E. Bickford and Martha R. Bickford, husband and wife, (hereinafter singularly or collectively 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 an Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, for road right-of-way, drainage, utility, and maintenance purposes; and WHEREAS, the property described in Exhibit "A" shall hereinafter be referred to as the "Property;" and WHEREAS, the Owner desires to convey the Easements to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easements over, under, upon, and across 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant to Purchaser Easements over, under, upon, and across the Property in exchange for the sum of $8,700.00 as full payment for the Property interest taken and for any damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said Property, including any costs, expert fees, or attorney's fees as provided in Chapter 73 and 74, Florida Statutes. 2. Purchaser shall pay Owner for above referenced cost by County Warrant. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and that, therefore, said closing shall occur within sixty (60) days of the execution of the Agreement by Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver easements to Purchaser in a form 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 Property, 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 Property. Such instruments shall be provided to Purchaser on or before the date of closing. 5. Conveyance of the Easements, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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 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, stored, treated or transferred on the Property except as specifically disclosed to the County; 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 County, that the seller has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property 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. 8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County 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 County 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 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 mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 10. If the Owner holds the Property 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 Property before the Property 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.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WH_.E,REgF, the parties hereto have executed this Easement Agreement on this/?~day of fi--~~ , 2001. Dated Project/Acquisition Approved by BCC: 06/27/00 Item #: 8 (B) (2) AS TO PURCHASER: ,A, TtE ST: .E. BROCK, Clerk ~;" '~ "" ty CI ..,~: , Depu erk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: M~ JA Chairman AS TO OWNER: DATED: (Sj.gr~ature) (~rinted Name) (~igna{u~) (Printe~Name) (Si~n/ature) (Printed Name) ( S i g n"'""~a t ~r-e-)/ (Printed Name) Approved as to form and Ellen T. Chadwell Assistant County Attorney MARTHA R. BICKFORD PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (041) 774-8102 EXHIBrr_i L... Page_ I ,,_Af,_.j...._ SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................. 80101. PROJECT PARCEL NO...118 TAX PARCEL NO...:;..00'~ 0 6 6 00 30 5 DESCRIPTION: ROAD RIGHT OF WAY EASEMENT N.E. COR. OF THE E 1/2, S 1/2, 81/2, NW 114, 8Wl/4, ' SEC. 8, TWP. 50 8, RGE 20 E. S 8§° 14' 37~ P.O.C. 25' __/i ~.O.B; PARCEL110---~ §0' : §0' , Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment COMMENCE AT THE NORTHEAST CORNER OF THE EAST 1/2 OF THE SOUTH 112 OF THE SOUTH 1/2 OF THE NORTHWEST QUARTER OF THE 8OUTHWEST QUARTER OF SECTION 8, TOWNSHIP 60 8OUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE N'80" 14' 37" W 50.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00" 38' §6" E 337.80'; THENCE N 89° 10' 44" W §0.00'; THENCE N 03" 37'041" E 337.87'; THENCE 8 89' 14"37"E 26.00' TO THE POINT OF BEGINNING. CONTAINING 12,058 SQUARE FEET OR .201 ACRES. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEOINNIN(3 3) SEC. = SECTION 4) TWP.= TOWNSHIP §) RI3E. = RANGE 0) R/W = RII3HT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS .SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFI~SSIONAL LAND SURVEYOR PROFE881ONAL LAND SURVEYOR-FL. REG. # 2408 PUBLIC WORK8 ENGINEERIN(] DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 PROJECT: PARCEL: FOLIO #: County Barn Road 116 00406600305 Prepare4 Ellen T. Chadwell, Esqutre Office of the County 3301 East Tamiami Trail ~aples, Florida 34112 (941) 774-8400 2879608 OR: 2917 PG: 0947 R~CORDED in O))ICIAL R~CO~DS of COLLI)R COUNTY, )~, 11/01/2001 at 08:40AM DWIGHT 1. BROCK, CLERK R~C ~ 15,00 3.00 RBAL PROPBRTY ]2~ 8991 ~~ h~s be~n ~uimd under ,~ .... ,~. ~ and is exempt from documen~,, stamp tax EASEMENT THIS EASEMENT, made and entered into this c~P&day of ~.p~-~,~e~P~ , 2001, by Harry E. Bickford and Martha R. Bickford, husband and wife whose mailing address is 5533 Wilmar Lane, Naples, Florida 34112, 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.) WlTNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege for road right-of-way, sidewalk, drainage, utility and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and take materials for the purpose of constructing, operating and maintaining road right-of-way, sidewalk, drainage, and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness Signature Print Name Witness Signature Print Name Harry E./4~ickford // THIS CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. ,,Z~96~ - I q$ OR: 2917 PG: 0948 Witness Signature Print Name W'~n~'SiCnatu re Print Name Martha R. Bickford STATE OF COUNTY OF Thne foregoing Easement was acknowledged _._~o~~ , 2001 by Harry E. Bickford, who ~as produced before me this c2'4~'~ day of who is personally known to me or as identification. (affix notarial seal) -,,-,,-, .... O, ind¥ l~t. Erb .,:~! -".~'-, -..- . ..,. ,, A~ 1 :" ~' "'~ ,, In~. s'i~n-'at u re ofCl(Iota ry Print Namb of Notary Commission Number: CCc My Commission Expires: STATE OF )~'/~ COUNTY OF _0 _~--/-/~ ~ The foregoing Easement was acknowledged ,,~z,~~ ,2001 by Martha R. Bickford, ~ho' ha~ produced ~L 'L~,,'_ /_,' ¢_ before me this ~'7 day of who is personally known to me or as identification. (affix notarial seal) ,,,.,&t;~;;.,,, Cindy M. Erb ='-~! I~ ~'== Exoires Al~il 3, 2004 Signatu.re of CNotary Print Name/of Notary Commission Number: My Commission Expires: ~unt~ Attor~e.~ Ellen T, Cha~ell OR: 2917 PG: 0949 *** PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (§41)'7'74-8192 EXHIBrI,' Page_ ~ ,,_~f~ SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................. 80101. PROJECT PARCEL NO...118 TAX PARCEL NO...:;..0 04 06 600305 DESCRIPTION: ROAD RIGHT OF WAY EASEMENT N.E. COR. OF THE E 1/2, S 1/2, S1/2, NW 1/4, SWl/4, ' SEC. 8, TWP. 50 S, RGE 28 E. 8 80° 14' 37" E P.O.C. PARCEL 11 N 25' 60' J I : §0' ' Perpetual, Non-Exclusive, Road Right-of-Way, Drainage, Utility and Maintenance Eastment COMMENCE ATTHE NORTHEAST CORNER OF THE EAST 112 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST QUARTER OF THE 8OUTHWEST QUARTER OF SECTION 8, TOWNSHIP 80 8OUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE N'8D° 14' 31" W §0.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00° 38' §5" E 337.80'; THENCE N 81)° 10' 44" W 60.00'; THENCE N 03° 37'041" E 337.87'; THENCE 8 89° 14"37"E 25.00' TO THE POINT OF BEGINNING. CONTAINING 12,8§8 SQUARE FEET OR .291 ACRES. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 6) RGE. = RANGE 0) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFEssIONAL LAND SURVEYOR PROFE881ONAL LAND SURVEYOR-FL. REG. # 2408 PUBLIC WORK8 ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE MAY 22° 2000 SHEET 1 OF 1