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Parcel 159TO: FROM: DATE: RE: Memorandum Sue Filson Executive Manager Board of County Commissioners Debbie Armstrong ~ Acquisition Specialist Transportation - Right-of-Way Office May 20, 2002 Golden Gate Parkway, Project No. 60027 Parcel 159 Transmitted for your further handling is an Easement Agreement for a Road right-of- way, drainage and utility easement for the Golden Gate Parkway project, which the Board authorized the Chairman to execute on its behalf on April 23, 2002, Resolution 2002-203 Item 16B1. Please have the Chairman execute the attached Easement Agreement and forward to the Clerk for attestation. The instrument may then be returned to this office. Please do not hesitate to call (213-5874) if you have any questions or if I may be of any assistance. Thank you. Thank you. Attachment Transportation Right-off Way Office PROJECT: 60027 PARCEL: 159 FOLIO: Portion of 38168680004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ~,1 ~' day of M_,-7~, 2003, by and between ANTHONY DISARRO AND MARIA DISARRO, husband and wife (hereinafter collectively referred to as "Owner"), whose mailing address is 5730 Golden Gate Parkway, Naples, FL 34116-7461, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for road right-of-way, drainage and utility facilities over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement; 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Easement to Purchaser for the sum of $52,000.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 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. Easement Agreement Page 2 10. 11. Owner represents that the property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 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 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 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 securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the property underlying the Easement from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 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. Conveyance of the Easement 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, undertakings, promises, warranties, or covenants not contained herein. If the Owner holds the property underlying the Easement 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 underlying the Easement before the Easement 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.) This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Page 3 IN .V~/ITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ I --"- day of /Vt c?._~ ,2003. Date Easement acquisition approved by BCC: April 23, 2002, Resolution 2002-203, Item 16B1 AS TO PURCHASER: DATED: D~/I,.~..T'...~.~ BROG.J~' Clerk AS TO OWNER: DATED: ness (Signature) Name: (Print or Type) Witness (Signature) Name: ~-dd, ~- (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: T~~,~~ ANTHONy DI~ARRO AS TO OWNER: DATED: 4/3o/:zoo ~ Witness (Signature~) c Name:.~,~r~-~ ~ ~ (Print or Type) Witness (Signature) Name: _-b~---~/e-///~ gT~e~(-~ (Print or Type) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney MARIA DISARRO EX] POINT OF (COMMENCEMENT) NW CORNER TRACT 97 POINT OF'~// BEGINNING,) PERPETL ~,L, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND ITILITY EASEMENT !ARCEL 159 6,456 sq. ft. TRACT 92 BASELINE OF SURVEY A GOLDEN GATE PARKWAY (CR 886) ROADWAY EASEMENT PER PLAT PROPOSED ~HT-OF-WAY I LINE T~'~ L E -~ LINE BEARING LENGTH L1 S00'27'5B"E 50.00 L2 N89'31'3,7"E 120,06 L3 500'~7'5.8.".E 58.70 L4 NO0'2T58"W 48,08 TRACT 97 ;OLDEN GATE ESTATE UNIT 50 PLAT BOOK 7 PAGE 58 SALZMANN OR 3236/1816 CURVE TABLE CB j CD cURVE t LENOTHI D,US I 'DELTA 110.58 3072.00 ZOi'4,r' N85'29'32"WI'*O.50 ?2 9.97 12928,O0( 0'11'42" N84'33'31'wl 9.97 DI SARRO, N. OR 2218/1320 (PLAT) DI SARRO, A. OR §90/111 584+00 TRACT 113 EXISTING ROADWAY EASEMENT DEDICATED lO PROPOSED ADDITIONAL RiGHT-OF-WAY LEGAL DESCRIPTION FOR PARCEL 159 A PORTION OF TRACT 97 GOLDEN GATE ESTATES, UNIT 30 AS RECORDED IN P~T BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA SITUATE IN SECTION 29, TOWNSHIP SOUTH, RANGE 26 EAST, COLLIER COUN'~, FLORIDA BEING MORE PARTICU~RLY DESCRIBED AS FOLLOWS, COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT 97; THENCE S.OO'2T58"E., ALONG THE WEST LINE OF SAID TRACT 97, A DISTANCE OF 50.00 FEET, TO A POINT ON THE SOUTH LINE OF A ROADWAY EASEMENT (100' WIDE) AS PER' SAID PLAT AND BEING THE POINT OF BEGINNING; THENCE N.89'31'37"E., ALONG THE SAID NORTH LINE, A DISTANCE OF 120.06 FEET, TO THE EAST LINE OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 890, PAGE 111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.O0"2T58"E., ALONG THE SAID EASI' LINE, A DISTANCE OF 58.70 FEET, TO A POINT OF CURVATURE; THENCE LEAVING THE SAID EAST LINE, 110.56 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF ,3072.00 FEET THROUGH A CENTRAL ANGLE OF 02'03'44' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.85'29'52"W., A DISTANCE OF 110.56 FEET, TO A POINT OF REVERSE CURVATURE; THENCE 9.97 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 2928.00 FEET THROUGH A CENTRAL ANGLE OF 0'11'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.84'55'51"W., A DISTANCE OF 9.97 FEET, TO THE SAID WEST LINE; THENCE N.OO'27'58"W., ALONG THE SAID WEST LINE, A DISTANCE OF 48.08 FEET, TO THE POINT OF BEGINNING; ,, CONTAINING 6,4-56 SQUARE FEET, ~ORE OR t. ESS. BEARINGS ARE BASED ON NORTH AMERICAN DATUM (N.A.D,) lgBB-lggo ADJUSTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR FLORIDA EAST ZONE, SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY 40 80 SCALE: 1"~80' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ROGER G. C~R, PROFESSIONAL SURVEYOR & MAPPER FLORIDA REGISTRATION CERTIFICATE NO. 5702 NOT VALID WITHOUT THE ORIGINAL StGNATURE,&: RAISED EMBOSSED SEAL 0 A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, GOLDEN GATE PARKWAY IMPROVEMENTS SKETCH & DESCRIPTION OF: PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT PARCEL COLLIER COUNTY, FLORIDA JOB NUMBER REVISION 01-0015.1 1 2 INDEX NO.: $~ 25, 2002 - ~5:09:56 TOWNSHIP SCALE DATE DRAWN BY 49 1 "= 80' 9-25-02 REC P:\Lond Projects R2\Ol-OO15\dwg\Revi~¢d Fees 8-26-02\O0155KId9,dwg 30~i0 NORTH HORSESHOE DRIVE, ,~UITE 270 NAPLES, FLORIDA 34104 Ph. (941) 64g-1509 Fax (941) 649-7056 LB No.: 6952 FILE NAME SHEET 0015SK159 1 OF