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Parcel 113MEMORANDUM DATE: Julyl~, 2003 TO: Ms. Sue Filson, Administrative Assistant FROM: ~ Margaret J. Kreynus, Acquisition Specialist RE: Easement Agreement Golden Gate Parkway, #60027, Parcel No. 113 Russel L. Lamkins Attached is a copy of the Easement Agreement in the amount of $9,800.00 ready for execution by Chairman Tom Henning. This represents a settlement in the amount of the County's offer. Resolution No. 2002-203, adopted by the Board of County Commissioners on April 23, 2002 (agenda item no. 16B1), authorized the acquisition of easements and/or fee simple parcels required for the construction of the six lane improvements to Golden Gate Parkway, and further authorized its Chairman to execute various Agreements on behalf of the Board. Most recently, January 14, 2003, the Board adopted Resolution No. 2003-37 (agenda item no. 10 A) authorizing the acquisition of right-of-way by condemnation, if necessary. Please ask Chairman Henning to execute the attached Easement Agreement on behalf of the Board of County Commissioners, and forward to the Clerk of Minutes and Records for attestation. Thank you. PROJECT: Golden Gate Parkway / 60027 PARCEL NO: 113 FOLIO NO.: A portion of 38102240002 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ~.+~ day of ,,..T'~/L/ , 2003, by and between RUSSELL. LAMKINS, a single man, (herein~after referred to as "Owner"), whose mailing address is 6940 Golden Gate Pkwy, Naples, Florida 34105-7249, 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 road right-of-way, drainage and utility easement 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 $9,800.00, 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 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. 10. 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, accordin9 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.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Easement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this q'g~ day of ~Tdl1 ,20o~. Date Easement acquisition approved by BCC pursuant to Resolution No. 2002-203. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk ~~ Clerk %~ ~ ~ :,'.' " "" : ~,'~,,~' AS BOARD OF COUNTY COMMISSIONERS COLU ER~NTY.~TRiDA' ',/.,. ~, -0.=3 DATED: Name (Print or Type~ RUSSELL. LAMKINS (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Hei(~i F Assistant County Attorney Easement Agreement EXHIBIT. A BASELINE OF SURVEY ~ 499+00 5OBi+OD 501 ( POINT or ~ GOLDEN GATE PARKWAY (CR 886) LCOMMENCEMENTJNw CORNER ~ ~ 5 )' TRACT 26 ~ ~ ~ ~ r ~ ~ R~ADWAY EASEMENT PER PLAT PROPOSED RIGHT-I ~ AY PERP~UAL, NON-EXCLUSIVE~ ~OAD RIGHT-OF-WAY, DRAINAGE AND UTILI~ ~SEMENT PARCEL 113 4.129 sq. fL uNE ' d E L5 N00'27'51 "W 29.16 TRACI 26 GOLDI[N GATE ESTAIES UNIT 29 IRACT 25 P~ ~oo~ 7 PAO[ 57 ~ TRACI 35 THE P [RPETU~ USE OF THE PUDLIC PER P~T 800K 7. PAGE 57  = PROPOSE ADDIIIONAL RIGHT-OF-WAY EXHIBIT OR 2439/2730 O~ 2324/3124 O~ 2575/1245 / LEGAL DEscRIPTION FOR PARCEL t13 A PORIION OF IRACT 26, GOLDEN GATE ESTATES, UNIT 29 AS RECORDED IN P~T BOOK 7, PAGE 57 OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA SITUAIE IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE 26 EASI, COLLIER COUNt, FLORIDA BEING MORE PARIICU~RLY DESCRY'BED AS FOLLOWS. COMMENCE AT IHE NORIHWESI CORNER OF SAiD TRACT 26; IHENCE S.00'27'31"E., ALONG IHE WESI LINE OF SAID IRACI 26, A DISTANCE OF 50.00 FEET, 10 A POINI ON THE SOUTH LINE OF A ROADWAY EASEUENI {100' WIDE) AS PER SAID PLAT AND BEING IHE POINT OF THENCE N.g9'31'37"E., ALONG THE SAID SOUTH LINE, A DISTANCE OF 150.18 FEET, TO THE EASI LINE OF LAND~ DESCRIBED IN OFFICIAL RECORDS BOOK 2439, PAGE 2730 OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA; THENCE S.OO'27'31"E., ALONG THE SAtD EAST LINE, A DISTANCE OF 25.82 FEET; TNENCE S.88'15'14"W., A 'DISTANCE OF 150.21 FEET, TO THE SAID WEST LINE; THENCE N.OO'27'31"W., ALONG THE SAfD WEST LINE, A DISIANCE OF 29.16 FEET, TO THE POINI OF BEGINNING. CONIAINING 4,129 SQUARE FEET, MORE OR LESS. .... BEARINGS ARE BAS[O ON NORIH AMERIC~ DATUM ' (NAD,) 1988-1990 ADJUSIMENT SIA~[ P~NE SKETCH & DESCRIPTION ONLY SCALZ: 1"=8o' FLORIDA ~EGISTRAIIgN CERTIF[CAIE~O'SYQ2 ,' ,%, NOT A BOUNDARY SURVEY SigNINg DATE: //. ~/;~ COLLIER COUNTY GOVERNMENT NOT VAUO WITHOUT THE ORIGINAL SIGNATURE & RAI~EO [~80S~ED S~[' OF ,, ,FOR: ~OARD OF COUNTY COMMISSIONERS A FLONIDA REGISTERED PROFESSIONAL SUaVEYOR ANO RIGHT-OF-WAY, DRAINAGE AND UTILITY ~ASEMENT PARCEL i 13 3050 NORTH HORSESHOE DRIVE, SUITE 270 NA~[aS, F[OmDA 34 ]04 COLLIER COUNTY, FLORIDA m~.(04U ~49-]~0~ F,~ O4~)~-~0J6 LB No.: 6952 O1-0015.1I 3 30 49 26 Il"= 80' 10-25-O2 REC O015SKl13 1 OF 25, 2002 - 15:01:03 P:\Lond Projects R2\Ol-OO15\dwg\Revised Fees 8-20-02\O0155KllJ.dwg