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Parcel 135INTEROFFICE MEMORANDUM TO: FROM: Sue Filson, Administrative Assistant Board of County Commissioners Jean Jourdan, Real Property Specialist II ~"~, ~. Real Property Management Department',// DATE: January 13, 1998 RE: Golden Gate Boulevard, Parcel 135 Project 69031 (Temdrup) According to Resolution 96-396, Agenda Item 16.B.4, 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: RECEIVED. JAN 2 ]. 1998 R£AL PROPERTY MG~,~. PROJECT: G. G. Blvd. PARCEL: 135 EASEMENT AGREEMENT 'FillS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between Craig A. Temdmp and Linda J. Temdrup, husband and wife, (hereinafter singularly or collectively referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, ils successors and assigns (hereinafter referred to as the "Purchaser"); WtlEREAS. tile Purchaser requires an F. ascmcnl over, under, Ul'>on and across the lands described as follows, to ,.,,'it; Thc North 15 fcct of thc South 65 feet of Tract 120, Golden Gate Estates, Unit No. 3. according to the plat thereof as recorded in Plat Book 4, Pages 77 and 78, Public Records of Collier County, Florida (hereinafter referred to as lhe "Property") for road right-of-way, sidewalk, drainage, utility, and maintenance purposes, and \VItERL:AS. thc Owner desires to convey the Easement to tile Pt,rchascr for tile stated purposes, on the Icrms and conditions set Forth herein; and \VIIEREAS, tile Purchaser has agreed to compensate the Owner for the granting of Ibc Easement over, under, upon, and across the Property. NOW TI t EREFORF.. in consideration of these premises, the sum ofTen Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which arc hereby mutually ackn?,'Ic.~lgcd, it is a,.gr~c,.d, by and between thc parties as follows" , z_0oO c,.,.. · · '~. Owner shall grant l~rct)gse~> an Easement over, under, upon, and across Iht Property in exchange for thc sum of $1,6~.00 as fidl payment for the Property inlerest(s) taken and for an damages resulting to the rt~nai~"lxlcr, if less than the entire property ,,vas taken, and for all oth~ damages in connection with said Property. 2. Purchaser shall pay Owner for the Easemer~t by County Warrant. 3. Both Owner and Purchaser agree that time is of Ihe essence in regard to the closing and thai, therefore, said closing shall occur within sixly (60) days of thc execution of tile Agreement by Purchaser. At closing, Purchaser shall deliver thc County Wammt to Owner and Owner shall deliver an easement to Purchaser in a form acceptable to Purchaser. At closing, Owner shall deliver to Purchaser an casement in rccordable form and Purchaser shall deliver to Owner the County Warrant. 4. Prior to tile 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 an)' and all encumbrances £rom tile Property. Such instruments shall be provided to Purchaser on or before Ihe 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 olher thar~ those so stated above; and the written agreement, including all exhibits attached hereto, shall constitute tile 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. Ov.'ner is aware and tmdcrstands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by tile Board of County Commissioners of Collier County, Florida. Page 2 7. Owner agrees to indemnify the Purchaser for any costs, expenses or fees asserted against, imposed on or incurred by Purchaser (including attorneys' fees) directly or indirectly, pursuant to or in connection with tile application of any federal, state, or local or common law relating to pollution or protection of the environment. The provisions hereof shall survive the closing. 8. The Purchaser shall pay for all costs of recording tile 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. 9. If the Owner holds tile Properly in lhe form of a parlncrship, limited partnership, corporation, trust or any form of representative capacity whalsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Stalutes, under oalh, of tile name and address of every person having a beneficial interest in tile 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.) I 0. This Agreement is governed and construed in accordance with the laws of tile State of Florida. IN WITNESS WHEREOF, tile parties hereto have executed this Easement Agreement on thixe~,~day of f/~/ , 19 Dated Project/Acquisition Approved by BCC: Resolution //96-396, 16.B.Z~. AS 'FO PURCHASER: :DWIGHT E; BR..o. ci4-:'c erk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bar'r'rN'bara-'Bi Berry,<~'hair~an AS TO OWNER: DATED:_I~- ,.'~ ! ' q 7 (Print Name) SECOND WITNESS (Signature) (Print Name) Page 3 FIRSTI~VITN ESS /1~Pti~Tr~am¢) ~N~ W'~TN~S (Print Name) )~j~nature) Tcmdmp c~ STATE OF COUNTY OF The foregoing Easement Agreement was acknowledged before me this_~J ~ day of '-).~(.'C~ c,-x-blr" I., 997, by Craig A. Tcmdmp, who is personally kno~vn lo me or who has produced --~. -~ - -=~ , as identification. (Affix notarial seal) ~---~'~,'P--~- (Print Name of Notary) Commission ~ My Commission Expires: STATE OF \&~ q 5 COUN'FY OF O': r' The foregoing Easement Agrce~nen! was acknowledged before me this ~ day of ~o,,~,~,[ '1 ~ , ta.)~, by Linda J. Tcmdmp, who is personally known to me or who has produced D~ ,,=~ v. ..... ~ as identification. (Affix notarial seal) /l*(',d~r-1;I NOTARY PUBLIC J J ~..?,~ STATE OF TEXAS J (Sigmjture orNotary) (Print Name of Notary) / Commission # ,q . L,q-o/ My Commission Expires: INTEROFFICE MEMORANDUM TO: FROM: tvlAUREEN KENYON CLERK TO THE BOARD JEAN JOURDAN, REAL PROI)ERTY SPECIALIST II, //~' REAL PIU.)PERTY MANAGENIENT DEI)ARTMENT S U BJ ECT: AGENDA ITEM: 16 (B)(4) SEPTEMBER 3, 1996 DATE: APRIL 22, 1998 Attached is the folh)wing original document for )'our safe-keeping: One (1) Easement Agreement for the four laning of Golden Gate Boulevard between State Road 951 and Wilson Boulevard Project. Official Record Book 2390 Page 2533-2534 Attached' One Easement Agreement PROJECT: 63041 (Golden Gate Blvd.) PARCEL: 135 (Terndrup) FOLIO: 36717320005 22827 . OR[ 2390 PG: 2533 EASEMENT THIS EASEMENT, made and entered into this ?~ day of -~ , 19 '7,,'~', by Craig A. Terndrup and Linda J. Terndrup, h::sband and wife. whose mailing address is 3270 1~' Ave. N.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 "Granlee" 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 road right-of-way, sidewalk, drainage, utility and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: The North 15 feet of the South 65 feet of Tract 120, Golden Gate Estates, Unit No. 3, according to the plat thereof as recorded in Plat Book 4, Pages 77 and 78, Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. THIS 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. TNIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. 2390 PC: 2534 Page 2 IN WITNESS WHEREOF. the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: Name:~ (Print) Wilness (Signature) Name:(~~" ' ~ ! Name:~ (Print) Witness (Signature) Name: : /.'/ (Prinl) ' STATE OF ) '~ ~"' ,) COUNTY OF ~_ ~, ,_., 3270 1" Ave. N.W. Naples. FL 34120 3270 1" Ave. N.W. Naples. FL 34120 '' :''~" 2, t~C}al The foregoing Easemen! was acknowledged before me this I~r-'' day of ~1998, by Craig A. Terndrup who is personally known to me or who has produc-"~ as identification. (Signature of Notary Public) (affix notarial seal) NOTARY PUBLIC STATE O¢' TEYAS My ~Om-', C~,p 02-24 01 STATE OF [ '~ v ', ) COUNTY OF ~: ,, ','. ¢J (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: (affix nolarial seal) day of fi' '~""~'~ 998, by ~7 as (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLfC Serial/Commission #: My Commission Expires: The foregoing Easement was acknowledged before me this ~ ~; Linda J. Terndrup who is . persona,,/ known to me cr ','.,ho has produced idenlificalion