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Parcel 204TO: FROM: DATE: RE: REAL PROPERTY MANAGEMENT DEPARTMENT SUE FILSON ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS DEENA L, QUINN SENIOR SPECIALIST JULY 1, 1999 GOLDEN GATE BOULEVARD IMPROVEMENTPROJECF' APPROVED ON 4/28/98, AGENDA ITEM #16B1 ~ Attached for execution, please find one (1) Easement Agreement between Collier County Mr. & Mrs. Raymond Wells, pursuant to Resolution No. 98-107, Paragraph 8, the Board authorized its present Chairman and any subsequent Chairman, for the life to the Pro execute any instruments which have been approved by the Office of the County Attorney. Please have the document executed by the Chairman of the Board of County comr:nission~ The document can then be forwarded to Ellie Hoffman, Records Technician II1! Records Management/Clerk of Courts, for attestation by the Clerk of Couds. Ms. H°ffman then call me at extension 8991 for the document to be picked up. Thank you. Attachment as stated PROJECT: 63041 (G. G. Blvd.) PARCEL: 204 FOLIO: 36963480003 EASEMENT AGREEMENT ~ ~: THIS EASEMENT AGREEMENT (hereinafter referred lo as the "Agreement") i made and entered into by and between RAYMOND WELLS and SANDRA R. WELLS, Husband and Wife, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its suc. c~ssors and assigns (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for road right-of-way, drainage, sidewalk, utility and maintenance easement over, under, upon and across the lands described in Exhibil "A", which is attached hereto and made a part of the Agreement, described as follows, to wit; SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference; WHEREAS, the Owner desires to convey the Easement to the Purchaser for the stated purposes, on the terms and conditions set fodh herein; WHEREAS, the Owner desires to be compensated for the Easement, as well as any, improvements located Ihereon; WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easement (hereinafter referred to as "Property") and for Ihe improvements, over, under, upon, and across the Property. ~. NOW THEREFORE, in consideration of Ihese premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant Purchaser the Property in exchange for the sum of $2,200.00, broken down as follows: Easement $ 800.00 Improvements (If any) $1,400.00 TOTAL: $ 2,200.00 Owner accepts the above compensation as full payment for the Property, and for all landscaping, trees, shrubs, improvements and fixtures located thereon, and for any damages resulting to the remainder, if less than Owner'.s entire property was taken, and for all other damages in connection with the conveyance of said Property to Purchaser. 2. Purchaser shall pay Owner by County Warrant. 3. 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 Property. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Property to Purchaser in an instrument acceptable to Purchaser. 4. Prior to the closing, Owner shall obtain from tl'~e holders cf any and ail liens, encumbrances, exceptions, or qualifications in and to the Easemenl, the execution of such instrumenls that will, upon their recording in tho Public Records of Collier Courtly, Florida, clear any and all encumbrances from the Easemerlt. Such instruments shall be provided to Purchaser on or before the date of closing. 5. Conveyance of the Property, or any interest in the Property, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and Ihe written Agreement, including all exhibits attached hereto, shall constitute the entire Agreemeni and understanding of the parties, and there are other prior or contemporaneous written or oral agreements, undertakings, prom ses warranties, or covenants not contained herein. ' 6. 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. 7. 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 P~Jrchaser, 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 transfe~ of hazardous substances on the Property. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. 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, liab tries, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of coud, 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 7. This provision shall survive closing and is not deemed satisfied '.by conveyance of title. 9. The Purchaser shall pay for all costs of recording the conveyance instruments 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 Subord nation, Consent & Joinder of Easeme,qt of the mortgage(s) recorded against the Easement from the mortgagee(s). 10. This Agreement and the lerms 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 Iheir respective heirs, executors, personal representatives, successors, successor trustees, and/or ass gnees wheneC'er the context so requires or admits. ' 11. If the Owner holds the Property in the form of a partnership, limit!d partnership, corporation, trust or any form of representative capacity whatsoever f~r others, Owner shall make a written public disclosure, according to Chapter 286, Flori~le Stalutes, under oath, of lhe name and address of every person having a benefit['81 interest in the Property before the Property held in such capacity is conveyed Purchaser, its successors and assigns. (If the corporation is registered with tl~e Federal Securities Exchange Commission or registered pursuant to Chapter 51~', Florida Statutes, whose stock is for sale to the general public, il is hereby exempt fro~ the provisions of Chapter 286, Florida Statutes.) 12. This Agreement is governed and con~lrued in accordance with the laws of the State of Florida. ~ IN WIINESS WHEREOF, the parties herelo have ~ecuted this Agreement on this ~-'-2~day of ~ ,199g. Dated ProjecFAcquisition Approved by BCC: 4/28/98 ASTO PURCHASER: DAT ~O: c::~.~..,..~_~ 6'. ."~' :A:I-FE ST:' '. '-'. .. :;" .' DWIGHT E BR~CK, Clerk "~'~ ~e~Oe~uty Clerk At, st m~ to. Ch~t~'~ AS TO OWNER: DATED: ~-x~'-~x/-'~,,~ Witness (S ~ ha'{--urn) Name: 1.~¢_,;,/~, I I~ (Print or Type) Witness (Signature) ~ (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER CI3UNTY, FLORIDA ~ :; PAMELA S. MAC'KIE, Chair~voman (Print or Type) (Address) (Print or Type) (Address) Witness'(Signa~') . Name:/~/~'~1,,,. I lff~ (Print or Type) Witness_~Signature) / ' Sandra R. Welis Name: ~:./~ .... r-, ~,../~'~,~. Address: (Print or Type) Approved as to form and legal sufficiency: H'e~di FT-A s"ht ~n Assistant County Attorney OFFICE OF CAPITAL 3301 EAST TAMIAMI TRAIL (941) 774-8192 PRoJECTs NAPLES, FLORIDA 34112 SKETCH OF DESCRIPTION (NOT A SURVEY) EXHIBIT (1~ ROW) GOLDEN GATE BOULEVARD "'T"aL EXIST. 50' R,W I !AS EMENT~. PROJECT NO. PROJECT PARCEL t.JO. 25 FOOT ROAD RIGHT OI DRAINAGE, SIDEWALK. L & MAINTENANCE EASEM : / : : I : I : 150' WAY. TILITY. ENT ? .~_~-" EXISTING RIGHT OF WAY Lit 204 TRACT 49 ~ ~T PROPERTY L~'iE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET LESS THE WEST 30 FEET THEREOF OF TRACT 49, GOLDEN GATE ESTA"I ES UNIT NO. 8. AS RECORDED ltd PLAT BOOK 4. PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA o 50 too 2534854 OR: 2594 PG: 2271 RECORDBD in OFFICIAL RECORDS of'COLLINR COUFFY, FL o9/23/1999 at o3:44PH DWI~T B. BROCK, C~RK CONS 1200.00 UC FEB 15.00 DOC-.?O 15.40 coPIIS 3.00 Ret, i: REAL PIOFBR?! BXT 8991 PROJECT: PARCEL: FOLIO: GOLDEN GATE BOULEVARD 204 36963480003 EASEMENT THIS EASEMENT, made and entered into this ~ day of ,~ul¼ , 1999, by RAYMOND WELLS and SANDRA R. WELLS, Husband a'n'd Wife, whose mailing address is HC 77, Box 132, Isonville, Kentucky 41149, 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, license, and privilege for road right-of-way, drainage, sidewalk, utility 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 remove all landscaping, trees, shrubs, improvements or fixtures located thereon and take materials for the purpose of constructing, operating and maintaining road right-of-way, drainage, sidewalk 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. THIS ¢ONVEYANCF ACCEPTED BY THE BOARD PURSU~-t~t Easement Raymond Wells and Sandra R. Wells Page 2 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ][l~Ln~ re) (Signature). inted Name) 3 ~9~3r~atu re) ~ (Si~tum) (Printed Name) Rayrr~'n'd' Wells STATE OF COUNTY OF __~_~ dforegoing Easement was acknowledged before me this ~(~ day of , 1999, by Raymond Wells, who is<_ersonally know~to me or who has as identifica~~j~ (affix notarial seal) · Q~~ature of Notary Publ~) (15~nt Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: STATE OF ~ COUNTY OF ~ feOregoing Easement was acknowledged befo~m-me-thJ, s_~ ~ day of d ' 1999, by Sandra R. Wells, who is~rsonally k~ to me or who has as identifi~c~ ~ (affix notarial seal) ~~j~ture of Notary Public) P,re..~red by;~-~/~ ~ [~:,".~.r~ N, Zachary', Esqulr® Of/ice of the County Attorney 3301 East Tamlami Trail Naples, Florida 34112 (941) 774-8400 (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: 7- "?¢ -~ *** OR: 2594 PG: 2273 *** ~ OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION PROJECT NO. 63041 (NOT A SURVEY) PROJECT PARCEL NO. 204 EXHIBIT ¢oo' R.O.W,) GOLDEN (:~ATE BOULEVARD r-- NORTH PROPERTY LINE I L EXIST. 50'R\W, ASEMENT----, _..T..._J..~.. .~-'- EXISTING RIGHT OF WAY LINE .. I I I 25 FOOT ROAD RIGHT OF WAY, DRAINAGE, SIDEWALK, L TILITY, '- ' : & MAINTENANCE EASEMENT I : , I : I I TRACT 49 -' I '. I WEST PROPERTY LIN~ I ~ EAST PROPERTY LINE : I- // : I I : I : 30' I 150' ,. 330' L 8OUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 180 FEET LESS THE WEST 30 FEET THEREOF OF TRACT 49, GOLDEN GATE ESTATES UNIT NO. 8, AS RECORDED IN PLAT BOOK 4, PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DI~AWN BY CHECKED BY SCALE DATE FILE NO. 1" = 100' JULY 17, 1998 GGB204 SHEET 1 OF 1