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Parcel 136INTEROFFICE MEMORANDUM TO: FROM: DATE: Sue Filson, Administrative Assistant Board of County Commissioners Real Property Specialist II~Z.~, Jean Jourdan, Management Departm~.~ Real Property August 6, 1998 RE: Golden Gate Boulevard, Parcel 136 Project 69031 (Derma) According to Resolution 98-107, Agenda Item 16.B.1, dated April 28, 1998, the Board of County Commissioners approved the purchase of land interests for the Golden Gate Boulevard Roadway Improvement Project. The attached Purchase Agreement has been executed by the property owner of the subject parcel of land. These documents have been reviewed by County Attorney staff. Please complete the document(s) as necessary and return them to my attention, If you have any questions regarding this matter, please contact me at 774-8991. Thank You. Attachment: PROJECT: 63041 (G. G. Blvd.) PARCEL: 136 FOLIO: 36717400006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between KENNETH E. DERMA, a single man, (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 over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Properly") described as follows, to wit; See attached Exhibit "A" which is incorporated herein by reference. WHEREAS, the Owner desires to convey the Easement 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 Easement 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 padies as follows: 1. Owner shall grant Purchaser an Easement over, under, upon, and across the Property in exchange for the sum of $1,700.00 (One Thousand and Seven Hundred Dollars) as full payment for the Property interests taken and for removal or destruction of landscaping, trees, shrubs, improvements, and fixtures, and for any damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said Property. 2. Purchaser shall pay Owner for the Easement by County Warrant. 3. Both Owner and Purchaser agree that closing shall occur within sixty (60) days of the execution of the Agreement by Purchaser. However, Owner agrees that closing may be extended until such time as any and all liens, encumbrances, exceptions, or qualifications in and to the Property are properly executed and delivered to the Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver an Easement to Purchaser in a form acceptable to Purchaser. T,I$~CONY£TANCETACCEPT£~i~-?~E~ BOARD OF COUI/TYC~I#ISSIOI/£RS, COLLZER COUh'I'Y, FLORIDA, PURSUANT TO ~E P~VZSZONS OF RESOLUTION NO. ~ -/~2 Page 2 4. Prior to the closing, Owner shall obtain from the holders of any and all liens, encumbrances, exceptions, or qualifications in and to the Properly, 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 Properly. Such instruments shall be provided to Purchaser on or before the date of closing. 5. Conveyance of the Easement, or any interest in the Property, by the 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 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 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 Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Properly, 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 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 Easement. 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 obtaining and recording of a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Properly from the mortgagee(s). 10. If the Owner holds the Property 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 Properly 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. Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Easement _, 19~__~__~. Agreement on this ~ day of _ Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: .DWIGHT E.' BROCK, Clerk / 'Atte~'t as to Cha!~n'$ · s.lgnature oni$.', AS TO OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BarbaX'ra B. Berry Witness (Signature) Name: /~rr/¢,' ~ /~.~ Witness (Signature) (Print or Type) KerYneth E. Derma, a single man 9948 Treasure Cay Lane Bonita Springs, FL 34135 PROJECT NO. 63041 PROJECT PARCEL NO. 136 (NOT A SURVEY') The Nodh 15 feet of the South 65 feet, together with the North 10 feet of the South 75 feet of the East 20 feet, of Tract 121, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. WEST PROPERTY LINE EXISTING PdW LINE NORTH PROPERTY LINE 330 FEET EAST PROPERTY LINE PROPOSED DRAINAGE, UTILITY  AND MA~NTENANCEEASEMENTS '-~ SOUTH PROPERTY LINE ~ N GOLDEN GATE BLVD. 10 FT. SCALE: 1 inch = 100 leer 07511.~10.59A~ I .... t I II II III I I1~ ...... II INTEROFFICE MEMORANDUM TO: M,'\ t,iREEN KENY(')N CLERK TC)THE BC)ARD FROM: JEAN J()URI')AN, REAL I'ROI'ER'FY SI'E(]IAI.IST Il REAl. PROI~EICI'Y MANAGEMENT DEI~AR'I'MF.N'I' S U Bj ECT: ,,\GFNDA ITEM: 16 (B)(I) APRIl. 28, 1998 RI:.SOLUTI()N 98-107 DATF.: NC)VEMBER 16, 1998 Attached is the following original document for your safe-keeping: One (1) Easement Conveyance for the four laning of Golden Gate Bt)ulevard between State Road 951 and \Vilson Boulevard Project. Official Record Book 2479 Page 2920-2922 Attached: One Easement Conveyance PROJECT: 63041 (G.G. BIvd.) PARCEL: 136 FOLIO: 36717400006 EASEMENT 2394573 OR: 2479 PG: 2920 ~C0~,~.~D ~,~ 0,~?,'C~,~', ~'~2.~ ,:f ;':L'.:,:~ ~.,:',~."i. THIS EASEMENT, made and entered into this :' day of '- .,' 19...", by KENNETH E. DERMA, a single man, whose mailing'address is 9948 Treasure Cay Lane, Bonita Springs, FL., 34135, 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, 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 drainage, and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easemem 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. WITNESSES: ) (Signature) .,~','",- ,- ,;. ,' ,~ Kenneth E. Derma, a single man (Print~Id Name). .... (~s~u~re}r~ _..t .,, (Printed Name) 9948 Treasure Cay Lane Bonita Springs, FL 34135 T~IS CONVEYANCE ACCEPTED BT Ti{E] BOARD OF CO~J1KT~.(X]4~ISSIOI~i~,. , , ~ Page 2 OR: 2479 PG' ]921 STATE OF COUNTY OF4~¢ f,~ The foregoing Easement was acknowledged before me this ~'~.,~'~ day of ~. 1998. by Kenneth E. Derma, a single man who is personally known to me or whd'~as produced as identific~iion. (affix notarial seal) (Signature of' Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: PROJECT NO. 63041 PROJECT PARCEL NO. 136 OR' 2479 PG' 2922 LEGAL DESCRIPTION & SKETC_U (NOT A SURVEY), The North 15 feet of the South 65 feet, together with the North 10 feet of the South 75 feet of the East 20 feet, of Tract 121, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. WEST PROPERTY tINE EXISTING R&¥ LINE NORI~ PROPERTY LiNE PROPOSED DRAINAGE, UTILITY AND MAiNTENANCEEASEMENTS T (EX ST ;,~ ~0 rf R,~,¥ EASEMENT) 15Fl IOFl ,OUTH PROPERTY LiNE · EAST PROPERTY LINE N GO(DEN GATE BLVD SCALE linch = 100feel 071',?,'g8 ~0 59 AM C811~r Co~nt/Re~ Prooe,'Tf l,~ln,~'~e~'~-n! DeDart,~en!