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Parcel 113 Mayflower ChurchTO: FROM: DATE: RE: RECEIVED INTEROFFICE MEMORANDU N" 10 2000 Sue Filson, Administrative Assistant ilear~l of ¢ount.~ Coamisstoners Board of County Commissioners Cindy Erb, Real Property Specialist II/'~' ' -/"~'~'~ Real Property Management Department Janua~ 6,2000 County Barn Road - Parcel #113 - Mayflower Congregational United Church of Christ Incorporated Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that the document has been reviewed and approved by the County Attorney's Office. The Board of County Commissioner of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 96-356, Agenda Item ~:)-B-~ ,~', dated August 13, 1996, and the Board has authorized its present Chairwoman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney. Once the Agreement has been executed, please forward same to Ellie Hoffman, Records Technician III, Minutes and Records Management, for attestation by the Clerk to the Board. If you have any questions regarding this matter, please contact me at 774-8991. Thank You. Attachment: PROJECT: County Barn Road PARCEL NO: 113 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between MAYFLOWER CONGREGATIONAL UNITED CHURCH OF CHRIST INCORPORATED, A FLORIDA NON-PROFIT CORPORATION, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a perpetual, non-exclusive easement for road right-of-way, sidewalks, utility, drainage and maintenance over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property 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 Property; 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 Property to Purchaser for the sum of $11,650.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property 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 Property to Purchaser. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of sUch instruments which will remove, release or subordinate such encumbrances from the Property 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. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; 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, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Propertyl 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. Conveyance of the Property 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. 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 o o 10. 11. Owner represents that the Property and all uses of the 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 except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property 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, 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 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 6. 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 the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property 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. If the Owner holds the Property 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 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.) This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~-w~.day of"'-'~"~u,~ ~,~ , Date Property acquisition approved by BCC: 8/13/96 AS TO PURCHASER: DATED."-'~'~=,,~. V3, _,~..~n 0 · ' DWIGFI~'E~ BROCK, Clerk ..' ,.;' _. ~ .... ~ · ; ~, ... ;:- . ...'~¥' :- Deputy Clerk % ~ ., .... · ~c~ .' AS TO OWNER: DATED: ~itrl~ss (S i~n atu~A Name: "~(3. (Print or Type) Witness (Signature) Name: L_~ow (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pame~a ~. Mac'Fde, ChairWoman MAYFLOWER CONGREGATIONAL UNITED CHURCH OF CHRIST INCORPORATED, a Florida non-profit corporation President/V',c~ Prc.~dent Approved as to form and legal sufficiency: H~i~li F. Ashton Assistant County Attorney Easement Agreement Page 4 COUNTY OF ('~o Z/--/~ The foregoing Easement was acknowledged,.-befpre me this day of ~:~~ , 1999, by (name) /~(:2~-_.~ -_~', ~'"~2/_~ , (title) fr~..3; ~ er)~ of Mayflower Congregational United Church of Christ Incorporated, a FIo~da n.on-pr, ofit corporation, who is personally known to me or who has pr°duced ~/~"'L Y'~/v? ~r"~ ~ C'd/~' as ide~ati~ (,,~_~ (Affix notarial seal) (Sig fr'atu~e~f Notary)// (Print Name of Notary) Commission # My Commission Expires: PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................. 60101. ~ PROJECT PARCEL NO... 113 TAX PARCEL NO ....... 00404200008 N.E..COR. OF THE S 1/2, N 1/2, SW 1/4, SWl/4, " SEC. 8, TWP. 50 S, RGE 26 E. 15o' !50'"1 PARCEL 113 t ' ! EIHIBII i I' ~" L:_ ' DESCRIPTION: FIF ~T/Y (50') FOOT ROAD RIGHT OF WAY EASEMENT THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16,900 SQUARE FEET OR .388 ACRES. GENERAL NOTES 2) P.O.B. = POINT OF BEGINNING PREPARED B .. ATE. 3) SEC. = SECTION GEORGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL REG. ~ 2406 5) RGE. ~ ~NGE PUBLIC WORKS ENGINEERING DEPT, 6) ~ ~ RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECI~LS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND S~LED WITH THE EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR NAPLES, FLORIDA 34112 DRAWN BY CHECKED BY ~ .... DA~E FILE NO, NOT TO SCALE OCT. 9, 1998 CBR113 SHEET I OF I TO: FROM: DATE: RE: Memorandum Ellie Hoffman Records Technician III Minutes & Records Management Cindy Erb Real Propeft~ Spe~alist II Real Property MaCu~gement Department February 2, 2000 County Barn Road - Parcel #113 Mayflower Congregational United Church of Christ Incorporated Please find attached one (1) original recorded Easement for the above referenced project. The Board of County Commissioner of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 96-356, Agenda Item 16 B 6, dated August 13, 1996. Please contact me if you have any questions or comments at 8991. Thank you. attachments as stated CC: Ladd Ryziw, PWED Tax Appraiser's Office w/attachment Inventory File w/attachment Office of the Real Property Management Department PROJECT: PARCEL: FOLIO: County Barn Road 113 00402680002 2586178 OR: 2635 PG: 0316 R~ICORDED in OPPICIAL RECORDS of COLLIER COUNTY, 01/27/2000 at ll:26All DWIGHT g. BROCK, CLNRK CON~ 11650,00 REC F~ 15,00 DOC-,70 81.90 COPIES Retn: R~AL PROPRRTY RXT 8991 INTBR OF[IC~ EASEMENT THIS EASEMENT, made and entered into this ~'h day of q~Je. ce~%"~,' , 19 °lc~, by Mayflower Congregational United Church of Christ Incorporated, a Florida non-profit corporation, whose mailing address is P.O. Box 11133, Naples Florida, 34101, 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 "Grantee" 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: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS 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. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the /~Ln/,d~ e a r(/f~t_ ~)b o v e written. (1~1RC~T3/VI~'N'ESS (Sig natu re) (Prin ...t~J~ne) SECON~ WlT~ESS (Signature) (Print Mayflower Congregational United Church of Christ Incorporated, a Florida non-profit corporation P reside nt/Viee-~side~ ~, fS'qCONVEYIUICEII~CC EPTE D-'BY TfiE~ ~OARD OF ~U~HI~IONERS. COLLIER COUP, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. q(~ ' ~5~ _ OR: 2635 PG: 0317 COUNTY OF Q-'7~ ~./___/~.~, · _ The foregoing Easement was acknowledged b~fore me this .c~' day of '_L~-_~¢.~", 1999, by (name) ,/'~', O/~_.r'(~ _~',.'~-'d./.2J-~& (title) P~', ~ e_ n-Y' of Mayflower Congregational United Church of Christ Incorporated, a Florida nD.n-profit qorpora_tion, who ispersonally known to me or who has produced ~?'ld~-.~/~ez'2 /-I ¢c/~aa~ identifica~ (Affix notarial seal) (Sig~a~ur~ of Notary) (Print Name of Notary) Commission Cf My Commission Expires: !~;~::,,:,,,..- -',~;~.~,.-0;,~-.,; - "ii I-"'~~r~'~''''- MY COMMISSION # CC 737538 /I '=*? ;*'= ' 2 11~-~..-;~ EXPIRES: ^phi 26,200 ~L"_' ....... - - - *** OR: 2635 PG: 0318 *** PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................. 60101. PROJECT PARCEL NO...113 rAX PARCEL NO ....... 00404200008 N.E. CDR. OF THE S 1/2, N 1/2, SW 1/4, SWl/4, " SEC. 8, TWP. 50 S, RGE 26 E. 50' : , I I : , , I I '. PARCEL 1 13 -- -.- ~1 I I Io I I I I EXHIBIT DESCRIPTION: FIF ~T/Y (50') FOOT ROAD RIGHT OF WAY EASEMENt' THE WEST FIFTY (50') FEET OF THE EAST 100 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16,900 SQUARE FEET OR .388 ACRES. GENERAL NOTES = B ¢' ~ 2) P.O.B. POINT OF BEGINNING PREPARED ... ATE../..' 3) SEC. = SECTION c.-- GEORGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) R/W = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 DRAWN BY CHECKE'D' BY SCALE DATE FILE NO. ' NOT TO SCALE OCT. 9, 1998 CBRI'~'3 SHEET 1 OF 1