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Parcel 470RDUE PROJECT: 60145—Golden Gate Blvd. PARCEL No(s): 470RDUE FOLIO No(s): 40870480001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this f day of ge.ewibe,v , 2017, by and between JUAN TINAJERO JUAREZ, a married man, whose mailing address is 4020 Golden Gate Blvd. E, Naples, FL 34120, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as"County"). WHEREAS, County requires a Perpetual Non-Exclusive Road Right-of-Way, Drainage and Utility Easement (Exhibit A) 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"Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County 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: 1. RECITALS - All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE-Owner shall convey the Easement to County for the sum of: $68,000.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). County also agrees to pay the sum of$8,500 to Bella Y. Patel, PA for legal fees and all other costs, including expert witness costs. Said aggregate payment of $76,500 (representing Owner's proceeds, attorney fees and all other costs, including expert witness costs) shall be paid at closing by County Warrant or funds wire transfer to "Bella Y. Patel. PA Trust Account", Attn: Bella Y. Patel, Esquire, 13026 Waterford Run Drive, Riverview, Florida 33569, and shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, sod, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements(if any), and the cost to cut and cap irrigation lines (if any)extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. If for any reason the closing does not take place, the hereinabove referenced sum of $8,500 shall be paid to Bella Y. Patel, PA as a separate transaction representing full and final satisfaction of any and all attorney fees and expert witness costs that could be asserted against Collier County pursuant to Sections 73.091 and 73.092, Florida Statutes, with respect to acquisition of the Easement upon further approval by the Board. Page 2 3. CLOSING DOCUMENTS AND CLEAR TITLE - 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. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d)Grantor's Non-Foreign,Taxpayer Identification and"Gap"Affidavit; (e)W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty(30)days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as"Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of all improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. Page 3 7. REPRESENTATIONS AND WARRANTIES-Owner agrees, represents and warrants the following: (a)Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b)County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement,without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e)There are no maintenance, construction, advertising, management, leasing, employment,service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g)County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h)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 County; 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 County,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. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all Page 4 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES-There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - 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. 12. PUBLIC DISCLOSURE - 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, subject to the penalties prescribed for perjury, 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 County. (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.) 13. ENTIRE AGREEMENT-Conveyance of the Easement,or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. No modification,amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek Page 5 and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY-Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED:, 114( IS ATTEST: BOARD u• CO -TY COMMISSION _ D ..HTS. Ow_ Clerk COLLIE :ir TY, FLORIDA n BY: est as to„ alVtlerk PENNY TAY , Chairman ` sicnatve,of* AS TO OWNER: DATED: I4- l -2° (No vt 11 klsv c yO Tva RFZ 's ignature) JUAN TINAJERO JUAREZ Name(Print or Type) Witness(Signature) , c, 1J� e‘ //I Ih14 Name(Print or Type) Approved as to fort' an;legality: Jennifer A.Beipedio \ \ Assistant County Attorney Last Revised 06/23/15 ~ ,, Y $ GOLDEN GATE BOULEVARD (CR 876) 4. 85+00 286+00 i 287+00 /I% 288+00 ' 289 '+00 2901+00 + 29 u j / POINT OF t 50/ _ o • 8 •Iii♦ C-7— 11 PROPOSED ROADWAY EASEMENT 8 PARCEL 470 RDUE 3,675 SO. FT. 1 TRACT 118 GOLDEN GATE ESTATES TRACT 117 UNIT 80 TRACT 135 PLAT BOOK 5 PAGE 18 .. BERGGREN & EAST 75' OF COGBILL WEST 150' OF OR 3245/1427 ' TRACT 118 Q VILLAMIZAR, MINZEY, MINZEY, VILLAMIZAR &ii MINZEY & MINZEY VILLAMIZAR OR 3827/3306 OR 4368/13011 8 MOORE OR 3229/2814 8 N `'. W �'�-- E S EXHIBIT...,.,.,..... Pam _....� ... .. .... SO. FT. SQUARE FEET OR OFFICIAL RECORDS (BOOK/PAGE) �1 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) ( EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL 1 /J USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 18 LEGAL DESCRIPTION FOR PARCEL 470 ROUE A PORTION OF TRACT 118,GOLDEN GATE ESTATES, UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 49 FEET OF THE NORTH 99 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 118. CONTAINING 3,675 SQUARE FEET, MORE OR LESS. TECM-ROW FEB n 1 2010 0 40 80 160err /i!1/7/ NICHAE 9/ARD,PROFESS SURVEYOR&MAPPER SKETCH & DESCRIPTION ONLY P.0R06 960116* 1E"D.5301 NOT BOUNDARY SURVEY scALE: t'=6o' BONING aTE: S/ d NOT VAUO WRNOUT TIE ORWNRL TO &RAISED EMBOSSED SEAL OF FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESS SURVEYOR AND MAPPER. GOLDEN GATE BOULEVARD 1) \%TA INC VianIzation SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CONSIlL ULTING TIVA. a PARCEL 470 RDUE 661044114,Park Onve.Sole 200 Naples.Rata 34109 COLLIER COUNTY, FLORIDA Phone:(299)597-0575 FAX:(239)597-0578 1.8 No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCA_: DATE DRAWN BY. FILE NAME SHEET 050217.00.01 0001 REV 01 5 49 28 1" = 80' DEC. 2C09 O.W... SR 470 1 OF PROJECT: 60145 Golden Gate Boulevard PARCEL No(s): 470RDUE FOLIO No(s): Portion of 40870480001 STATE OF COUNTY OF GRANTOR'S NON-FOREIGN TAXPAYER IDENTIFICATION&"GAP"AFFIDAVIT The undersigned,JUAN TINAJERO JUAREZ, after being duly sworn, deposes and says: 1. Grantor is the fee simple owner and the only owner of the property located in Collier County and described in Exhibit"A"attached hereto("Property"). 2. Grantor's Legal Name is: JUAN TINAJERO JUAREZ, a married man 3. Grantor's mailing address is: 4020 Golden Gate Blvd. E, Naples, FL 34120 4. Section 1445 of the Internal Revenue Code requires a transferee of a U.S. real property interest to withhold tax if the transferor is a foreign person. For U.S.tax purpose (including Section 1445), the owner of a disregarded entity having legal title to a U.S. real property interest under local law will be the transferor of the property and not the disregarded entity. To inform Collier County, as transferee, that withholding of tax is not required upon disposition of the Property, Affiant affirms that the following is true: a. Grantor is not a non-resident alien (if individual) or a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined by the Internal Revenue Code and Income Tax Regulations) for purposes of U.S. income taxation. b. Grantor is not a disregarded entity as defined in s.1.1445-2(b)(2)(iii). (NOTE: A disregarded entity for these purposes means an entity that is disregarded as an entity separate from its owner under s.301.7701-3, a qualified REIT subsidiary as defined in s. 856(i), or a qualified subchapter S subsidiary under s.1361(b)((3)(B). 5. For purposes of reporting this Transaction to the Internal Revenue Service on Form 1099-S,the Property is Grantor's(check one) X Principal Residence Other real estate. 6. Grantor is in sole constructive or actual possession of the Property, and there is no other person or entity that has any possessory right in the Property. 7. Grantor has full authority to convey the Property. 8. There are no existing contracts for sale or mortgage commitments other than those being closed affecting the Property. 9. Grantor knows of no defects in the Property's title and, except for real estate taxes for the current year and those items identified on Exhibit "B" attached hereto, there are no liens, encumbrances, mortgages, claims or demands on or against the Property. 10. There are no unrecorded labor, mechanics', material men's liens or"Notices of Commencement" against the Property; no material has been furnished to or labor performed upon the Property within the past ninety(90)days which has not been paid for in full; no notices to owner have been delivered to or received by the Grantor. 11. There are no bills, liens or assessments for sanitary sewers, paving or other public utilities, or improvements made by any governmental instrumentality, which are now unpaid, against the Property. Further, Grantor acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or occupancy by Grantor, whichever first occurs. If any bills, liens or assessments are found which relate to the period of Grantor's possession, Grantor will pay same upon demand. Grantor shall obtain any release documents needed which relate to bills, liens or assessments not paid at the time of closing. 12. No notice has been received of any public hearing regarding future or pending zoning changes or assessments for improvements by any governmental instrumentality. 13. Grantor knows of no violations of local or state laws or private covenants, restrictions or conditions which pertain to the Property. 14. There are no judgments, orders or decrees which have been entered in any state or federal court against the Property or Grantor, and there are no civil or administrative actions pending against Grantor or which involve the Property in any way, including no action for dissolution of marriage or bankruptcy. 15. The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local laws, regulations and ordinances, including environmental laws, and that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property; and that Grantor 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/or acceptance and is not deemed satisfied by conveyance of title. 16. Grantor shall indemnify, defend and hold Collier County harmless against and from any and all damages, claims, liabilities, actions, expenses, penalties, fines and costs (including attorney's fees and expenses) incurred by or asserted against Collier County by reason of or arising out of the breach of Grantor's representations under Paragraph 15 above, irrespective of whether Affiant was negligent in the making of these representations. 17. There are no unrecorded deeds, judgments, liens, mortgages, easements or rights of way for users, claims, boundary line or other disputes, or demands of any nature asserted against or affecting the Property. 18. There are no matters pending against Grantor that could give rise to a lien that would attach to the Property, or cause a loss of title, or impair title between the effective date of the title insurance commitment (or title search showing ownership and encumbrances) and the time of recording of the instruments evidencing the County's fee simple or other interests in the Property; and that Grantor has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of this Affidavit forward. 19. If the conveyance is of fee simple and by purchase, Grantor agrees that in the event the current real and personal property taxes vary in amount from the figures used in making the prorations used in closing the conveyance of the Property to County, then a new proration and a correct and proper adjustment shall be made upon demand. Grantor understands that all taxes, maintenance charges and assessments due from Grantor for which a bill is rendered prior to closing will be charged against Grantor on the closing statement. 20. If the Property is improved property, then Affiant is the owner of said property, and there are no claims, liens, security interests, claims or demands of any kind against the furniture, equipment, fixtures and personal property located on the Property and being sold as part of this transaction. 21. If the subject Property hereto is rental property, Grantor hereby represents that Grantor has paid all sales taxes due to the State of Florida to date and will pay any remaining taxes due in respect to said premises before due and will indemnify and hold harmless Collier County from Grantor's failure to do so. 22. Grantor agrees to fully cooperate with Collier County when necessary to correct an error discovered after closing and, in doing so, to execute, without delay, any corrective instrument(s) needed in order to effectuate the intent of the parties to this transaction. This provision shall survive closing. 23. Grantor understands that this certification may be disclosed to the Internal Revenue Service by Collier County and that any false statements made here could be punished by fine, imprisonment, or both. Grantor further authorizes the submission of this affidavit if and when required. 24. Under penalties of perjury, I, the undersigned affiant, state that I have examined this affidavit and to the best of my knowledge and belief it is true, correct and complete as of the date of execution hereof; that I am authorized to execute this affidavit as or on behalf of Grantor and to bind Grantor thereby; that I will immediately notify Collier County of any change to the representations contained herein and that, in the absence of such notification, Collier County may rely on the representations contained herein on the day of closing; that Grantor intends for Collier County, its agents and attorneys, the title company issuing the title policy (if title insurance is to be issued), its underwriter and its employees, any escrow/settlement agent and other parties and their attorneys participating in this transaction, to rely on these representations, and Grantor will indemnify said parties for all damages, loss, liability, claims, cost and expenses, including attorney fees, which arise out of or result from their reliance upon these representations, irrespective of whether I was negligent in making these representations or executing this Affidavit. WITNESSES: v✓kan 71hqg'6o 0V4rcZ (Sig JUAN TINAJERO JUAREZ (Print Name) t (Signature) t•�`�1t,�t+ v`f� tl17 `C (Print Name) STATE OF /7 COUNTY OF: Vii'• Sworn to and subscribed before me this/I day of /d"ef/1Z/Jd , 2017, by JUAN TINAJERO JUAREZ.who is: G--"--personally known to me, OR, who has produced as proof of identity. (affix notarial seal) _/J �, (Signature/�� ��� of Nota ubli DELHI B.PANTOJA ` �AN* . Notary Public-StateofFlorida ` (Print Name of Notary Public) • Commission#GG 110881 Serial/Commission#(if an : enr o+`O�o;; My Comm.Expires Sep 30,2021 11My Commission Expires: - Bonded through National Notary Assn. Approved as to form and legality: Jennifer A.Belpedio cs-) \`�� Assistant County Attorney \,� Last Revised:9/3/2015 I 1 F & GOLDEN GATE BOULEVARD (CR 876) g 85+00 286+00 ! t 287.00 288+00f 289+00 290 DO I 29 i I ti A:////7/5r1 POINT OF 6 _ ____ ( _ P PROPOSED ROADWAY EASEMENT 8 I PARCEL 470 ROUE 3.675 SO FT. 1 TRACT 118 GOLDEN GATE ESTATES TRACT 117 UNIT 80 TRACT 135 S PLAT BOOK 5 PAGE 18 _ I BERGGREN & I EAST 75' OF COGBILL WEST 150' OF 1 OR 3245/1427 TRACT 118 PVILLAMIZAR, MINZEY, MINZEY, VILLAMIZAR & MINZEY & MINZEY VILLAMIZAR OR 4368/1301OR 3827/3306 0 1 8MOORE OR 3229/2814 g N ' w E S Email— SQ. FT, SQUARE FEET eim,i „mem.411.1. OR OFFICIAL RECORDS (BOOK/PAGE) ��A PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL 1//7/ USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18 LEGAL DESCRIPTION FOR PARCEL 470 RDUE A PORTION OF TRACT 118,GOLDEN GATE ESTATES. UNIT 80 AS RECORDED IN PLAT BOOK 5. PAGE 18 OF THE I PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. • THE SOUTH 49 FEET OF THE NORTH 99 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 118. • CONTAINING 3,675 SQUARE FEET. MORE OR LESS. TEEM-ROW FEB n 1 2010 ` 0 40 80 180 'Y SKETCH & DESCRIPTION ONLY RICRAF WARD PROMS 00.53R a MAPPER i♦ I fLORR1A RECISTRA N 1E N0.5301 NOT A BOUNDARY SURVEY SCALE:1--e0' DATE J FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLOONw REGISTERETAIVOLIT D PROM s* RAs580I!' 08 AND 100, SEN.OSSED OF GOLDEN GATE BOULEVARD T?«TAO SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT C OA Elmira* Al.SSV T A. Suftlies&Mwpiog PARCEL 470 RDUE 6610 VOW/Palk Drive,SNB 200 Naples.Taoam.34709 COLLIER COUNTY. FLORIDA Phone'(239)597.0575 FAX.(239)597-0570 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP-- RA\GE SCA..E. DATE DRAWN 6Y 'LE NAIVE SHEET 050217,00.01 0001 REV Cl 5 49 28 1- = 80' DEC. 2009 D.W.... SK 470 OF Taxes for the year 2017 and subsequent years, which are not yet due and payable. Any County and/or municipal resolutions for public improvements or special assessments which are not recorded or are not properly recorded in the public records and which do not provide notice to the owner of record in the public records. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. Resolution Establishing Suburban and Agriculture Subdivisions, dated March 7, 1961 and recorded March 13, 1961 in Official Records Book 80, Page 183, of the Public Records of Collier County, Florida. Restrictive Covenants executed by Gulf American Land Corporation, a Florida corporation, dated January 16, 1963 and recorded February 7, 1963 in Official Records Book 131, Page 595; Addition No. 1 Restrictive Covenants and Right of Way Easements recorded May 24, 1963 in Official Records Book 141, Page 256; Release of Right-of-Way Easement recorded in Official Records Book 1059, Page 631, all of the Public Records of Collier County, Florida. Ordinance No. 75-20 as to regulating the installation of any water distribution and wastewater collection system, dated May 5, 1975 and recorded May 19, 1975 in Official Records Book 619, Page 1177, of the Public Records of Collier County, Florida. Ordinance No. 75-21 as to protective trees, dated May 6, 1975 and recorded May 19, 1975 in Official Records Book 619, Page 1182, of the Public Records of Collier County, Florida. Ordinance No. 75-24 as to zoning regulations, dated May 7, 1995 and recorded May 19, 1975 in Official Records Book 619, Page 1191, of the Public Records of Collier County, Florida. Resolution establishing the Immokalee Planning Area and the Coastal Planning Area, dated May 4, 1976 and recorded May 6, 1976 in Official Records Book 649, Page 1239, of the Public Records of Collier County, Florida. Subject to the rules and regulations of surface and ground water utilization as set forth in Constructive Notice and Demand dated March 31, 1989 and recorded March 31, 1989 in Official Records Book 1428, Page 2003, of the Public Records of Collier County, Florida, of the Public Records of Collier County, Florida. Restrictions, conditions, reservations, easements and other matters contained on the plat of Golden Gate Estates, Unit No. 80, as recorded in Plat Book 5, Page 18, of the Public Records of Collier County, Florida. PROJECT: 60145 Golden Gate Boulevard PARCEL No(s): 47ORDUE FOLIO No(s): Portion of 40870480001 ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT 34 THIS EASEMENT, is made and entered into this 1. day of _aArAidet%,A, 2017, JUAN TINAJERO JUAREZ, a married man, whose mailing address is 4020 Golden Gate Blvd. E, Naples, FL 34120, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to 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. Grantor and Grantee are used for singular or plural, as the context requires.) 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 Road Right-of-Way, Drainage and Utility Easement to enter upon and to install and maintain roadway, bikepath and sidewalk improvements, drainage structures, including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes, various types of water control structures and any and all manner of public and private utility facilities over, under, upon and across 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 NOR IS IT CONTIGUOUS THERETO TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining roadway, sidewalk, drainage and utility facilities thereon. "Utility facilities" includes public as well as private utilities, such as electric, telephone and cable television, but only if such facilities have Collier County's consent and proper authorization. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. THIS CONVEYANCE ACCEPTED BY THE This property has been acquired under BOARD OF COUNTY COMMISSIONERS, threat of condemnation and is exempt COWER COUNTY,FLORIDA, frcal documentary stamp tax. PURSUANT TO AGENDA. DATED: '. '-7- 17 SEM NO. HO qI IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: Li -ri11notTCre, W s (Signature) JUAN TINAJERO JUAREZ (Print Name) 141 Witness (Signature) MitiZtel (Print N ?ne) STATE OF COUNTY OF rr �®� The foregoing Roapl Right-of-Way, Drrinage and Utility Easement was acknowledged before me this /-T day of/k&'in. ,i--, 2017, by JUAN TINAJERO JUAREZ, who: is personally known to me OR produced as proof of identity. (affix notarial seal) 424% :. -� (Signa ure of Nota Pu c) 7)k A271')/\_H DELHI(3. (Print Name of Notary,.P'ublic) 6 NotaryPublic-StateofFlorida Serial / Commission #(if any): * u •- Comm.ExpiresSepGG 0881 My Commission Expires: 9c � My Comm.ExpiresSep30,2021 Bonded through National Notary Assn. Approved as to form and legality: -SIE.ry N (Ft eLLi '.,b i o Assistant County Attorn Last Revised: 06/23/15 ? £ GOLDEN GATE BOULEVARD (CR 876) g85+00 + 286+00 { 287+00 288+00 1 2891+00 290+00 { 29 POINT OF I E 50' / — 74 l PROPOSED ROADWAY EASEMENT A PARCEL 470 RDUE i 8 3.675 SO. FT. I a TRACT 118 GOLDEN GATE ESTATES s TRACT 117 UNIT 80 TRACT 135 8 PLAT 800K 5 PAGE 18 I BERGGREN & 1 EAST 75' OF COGBILL WEST 150' OF OR 3245/1427 i TRACT 118 SVILLAM ZIARR& MiNZEY, MINZEY, f a LAMIZZAR MINZEY & MINZEY i OR 4368/13011 `R 3827/3306 MOORE I a OR 3229/2814 g N ` _ — E G/\fl1Df -....r . S Pags..Tw. SO. FT. SQUARE FEET OR OFFICIAL RECORDS (BOOK/PAGE) . A PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) iT�1 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL I/ / /' USE OF THE PUBLIC PER PLAT BOOK 5. PAGE 18 LEGAL DESCRIPTION FOR PARCEL 470 RDUE A PORTION OF TRACT 118,GOLDEN GATE ESTATES. UNIT 80 AS RECORDED IN PLAT BOOK 5, PAGE 18 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 49 FEET OF THE NORTH 99 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 118. CONTAINING 3,675 SQUARE FEET, MORE OR LESS. TECM-ROW FEB 0 1 2010 0 40 80 5609(/ , y1011� .:YAPO.PROFESS) h MAPPER , SKETCH & DESCRIPTION ONLY I NOT A BOUNDARY SURVEY SCALE: 5:09000 0010. /Q� ROT WUD*11 OUT TRE ORtGeU1 5 TU 49&RNSEO EMBOSSED SEAL OF i FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REOSRRLO SURA OR MVO MAPPER. GOLDEN GATE BOULEVARD TAX TA'a....-... SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT y�5V 14 i s 111 7g s PARCEL 470 RDUE 6610 Wilma Park Oren.SLAW 200 Maples.Ronde 34109 COLLIER COUNTY, FLORIDA Phone:(239)597 0575 FAX.(239)597-0578 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050217.00.01 0001 REV 01 5 49 28 1" = 80 DEC. 2009 0-W.J. OK 470 1 of 1 e