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Parcel III-812 PROJECT: Lely Area Stormwater PARCEL No: 111-812 FOLIO No: 00444200000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "A~eement") is made and entered into on this -::¡1h day of JU./Li , 20Qh, by and between MARTHA C. DAY AND KATHLEEN B. DAY, whose mailing address is 3044 NW 49th Street, Miami, Florida 33142-3445 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a perpetual, non-exclusive easement for drainage, utility and maintenance purposes over, under, upon and across the land 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 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: 1. 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. Owner shall convey the Easement to Purchaser for the sum of $ 900.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, 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 attorney's fees and expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. 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. 4. 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. Easement Agreement Page 2 5. 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. 6. 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. 7. 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 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; 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 for the execution of any release, subordination or satisfaction, 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. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer. 9. 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. 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, 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.) 11. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Easement Agreement Page 3 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. 12. 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 this 3~ day of :fLll\.L- , 2005'. Date Acquisition Approved by BCC: J'UA1£ 8! 2004 IíÐY\ loe AS TO PURCHASER: ~SðI...¡)íIO¡J 2..O<J..;f-Zt£ DATED: lo "<:¿"?rDD5 ATTES1;IJJ' ù ...... DWI51Ht ~:. BRQf;K, Clerk ~r~_~ :.' . (~~\ . ~ - BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .( . ":\. C... \ / .éþ Clerk ~~t H-- . 1,..,.', 's i,"á'twr4!,onl.Y. AS TO OWNER: --r- '2 (.3> '\ ^...""- DATED: ~I'\(.. \:) -.v"'~ J BY: L,~ 1þ-- {" A"" L-" Ii. ( ; /.;-J .[Jl4. t Îf MARTHA C. DAY Witne (Signature) Name~ A,(t16EJ.J-.J}J ,-rfA (Print or Type) Uh/TLL rÞ.4 Witness (Signature) Name:eJ./Uîe. Daux (Print or Type) ~~~ Name:,A~e/a (LJtJfer i or Type) ~¿f) KATHLEEN B.~y it es Signature) Name:¡UAd:; C~~i4 (Print or Type) Item# ~ AgendaL ~, A\J L Date ~O:J:lJ.. Approved as to form and le~ :UfficiTíL--- H'eidi AShton Assistant County Attorney Date lD-fs'fS Rec'd " .0,( or PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT .3//0/ PARCEL :JIr - 81L FOL 10 DO <1<1"'1 Z. oooo~ P .O.c. NW COR. SEC. 32, ~P.5°7 450.00' v -- S 89°38'10" E 150.00' . ""P.O.B. ;/ 60' ---- t PARCELJIT-812 TAX PARCEL 75 l ~ r w . o M . . 0 ~ C! ° 0 C\I 0 Z M 3: . ~ 8 ~ d ° 0 C\I M U) I N 89°38'10" W ~50.00' LEGAL DESCRIPTION THE NORTH 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 89°38'10" E ALONG THE NORTH LINE OF SAID SECTION 32 450.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89°38'10" E 150.00 FEET; THENCE S 02°48'30" W 300.00 FEET; THENCE N 89°38'10" W 150.00 FEET; THENCE N 02°48'30" E 300.00 FEET TO THE POINT OF BEGINNING. EXHIBIT A Page aI J GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B, = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R1W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PREPARED BY: æ-:£hrt.fLJ.kb_- RGE R. RICHMOND P.L.S. 2406 OLLlER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 '''<.;ALl: DATE FILE NO. GWY812 SHEET 1 OF 1 NOT TO SCALE JUNE 8, 2000