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Parcel 234PROJECT: 63041 (G G Boulevard) PARCEL: 234 *** 2174567 OR: 2307 PG: 2009 *** RBCOI~ED in OFFICIAL I~¢ORDS of COLLIH COUNTY, FL 04/24/97 at I0:38~ DWISH? ~, BROCK, CLBRK CONS 1950.00 RlC FH 6.00 DOC-.70 14.00 COPIBS 1.00 Retn: R~AL IN?~R OF~IC~ EASEMENT THIS EASEMENT, made and entered into this ~ day of /f~ffg., ,19~,7, by BIBI F. JABAR, a married woman, whose mailing address is 7140,7S. W. 14th S~et, Pembroke Pines, FL 33023, 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: The South 15 feet of the North 65 feet of Tract 113, together with the South 15 feet of the North 65 feet of Tract 114, Golden Gate Estates Unit No. 8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County Florida, Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. 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. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. This Easement has been re-recorded to reflect acceptance of the conveyance by the Board of County Commissioners, Collier County. WITNESSES: Witnessq~Signature) .~ ~_ (Print or Type) Witness (Signature) / ff .- Name: D tt~[rq/[ ]eSht~A/ t~ (Print or Type) '! -- STATE OF COUNTY BIBI F. JABAR Name and Address: THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. _ (~L=.- .~c(:k~ (Print or Type). (Address) The foregoing Easement was acknowledged before me this ~ day of .,~?~..,~,~_.. , 1997, by BIBI F. JABAR, who is personally known to me or who has produced 2.,9,4'~9,t-l~ ~/'~',~_(¢~ as identification. (Notarial Seal) ~~5~~ ~~~ ~gna~re ;~ ~ary Public) - ~~ ~ ~ C~D~PAUL ~WH = ~ ~ o My ~,~. OCtal (P~ Name Of ~ta~ P~bl~) " -- ~ ~ ~' ~' ~ NOTARY P~LIC ~ by ~B eo~,~ ~za Serial/Co~ission Number~ 2~30 ~/ My Co~ission Expires ~/~f~ 2544081 OR: 2601 PG: 3185 RECORDRD in OFFICIAL RRCORDS of COLLIBR COUNTY, FL 10/14/1999 at 02:30PN DWIG~ !. BROC[, CLBRK CONS 1400.00 l~C F~! 15,00 Eetn: REAL PROFBR?¥ BX? 8991 COPIBS 3,00 PROJECT: GOLDEN GATE BOULEVARD PARCEL: 234 FOLIO: 36968040008 and 36968080000 EASEMENT THIS EASEMENT, made and entered into this .Q ? day of 1999, by BIBI F. JABAR, a married woman, whose mailing address is 5301 SW 190th Avenue, Fort Lauderdale, Florida 33332-1358 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, two perpetual, non-exclusive easements, licenses, and privileges for the purposes described on Exhibit "A" which may include 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. THE PROPERTY IS VACANT AND UNIMPROVED. 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. This property has been acquired under threat of condemnation and is exempt from documentary stamp tax THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COl'.'_'rP '30LINT\', FLORIOA, OF RESOLUTION NO .... OR: 2601 PC: 3186 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witng's~) (Signature) .. _ Name: ~ q 2Jk~ ~"~ ~ , .,---'h (Print or type) Witne.%~--~ ~.,Signature) - BIBI F. JABAR Name:/~me/m~ j~r), iGC2/,;, Address: 5301 SW 190th Avenue Fort Lauderdale, Florida 33332-1358 STATE OF COUNTY OF The foregoing has produced ,~dL Easement was acknowledged before me this ~--7 day of , 1999 by BIBI F. JABAR, who is personally known to me or who [type of identification] as identification. (Sig6atur% of N~t-ary Public) (Print Name of Nota~ Publio) NOTARY PUBLIG Serial/Commission CC ~ ~ 7 My Commission Expire: ~ .~ ~ .- ~o~ Robert N. Office of the County Attorney 3301 East Tamlami Trall Naples, Florida 34112 (941) 774-8400 IVY DURAN Notary Public, State of.Florida No. CC 842347 Commission Expires June 2, 2003 PROJECT NO. 63041 PROJECT PARCEL NO. 234 A & B FOLIO NOS. 3696808000 & 36968040008 EXHIBIT A, II LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) 234 A - The South 10 feet of the North 75 feet of the East 150 feet of Tract 113, together with the South 10 feet of the North 75 feet of Tract 1 14, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. 234 B - The South 10 feet of the North 75 feet of the West 180 feet of Tract 113, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE ! i i i i i i ; i i i i 1 i i i 1 i i i i i 1 i i i i i 1 30 FT i i | i i ! i i i i 1 i ! 1 i i i i i i ! i ;0 FT! GOLDEN GATE BLVD. (PLATTED 50 RNV EASEMENT) !.. &. MALN_i'.,.E ASEME NI'..:.Q E.I~QOJ~.23.1_5.1 PROPOSE[~ 10 FOOT SIDEWALK, DRAINAGE, UTILITY !,ND MAINTENANCE EASEMENT (234 A) PROPOSED 10 FOOT ROAD RI SIDEWALK, DRAINAGE, UTII.ITY AND MAINTENANCE EASEMENT N WEST PROPERTY LINE SOUTH PROPERTY LINE 630 SCALE: 1 inch = lOO fee! Collier County Real Property Management Department 10/14/99 2:04 PM RECEIVED SEP 2 9 1999 Board of County Commissioners MEMORANDUM To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Robert Texter' ~-.'t, ~' Real Property Specialist I Real Property Management Department September 29, 1999 Golden Gate Boulevard Improvements Collier County Project No. 63041 Parcel: 234/Jabar Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Robert Zachary, Assistant County Attorney, has reviewed and approved the attached document. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift, purchase or condemnation in Resolution 99-297, Item 8(B)(7), dated June 22, 1999. Pursuant to the previous resolution 98-107, Paragraph 8, the Board has authorized its present Chairman 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 Agreements have been Hoffman, Records Technician Ill, attestation by the Clerk to the Board. 8991 for document pick-up. executed, please forward same to Ellie Minutes and Records Management, for Ms. Hoffman will then call me at extension Thank you. Attachment as stated PROJECT: Golden Gate Boulevard PARCEL NO: 234 EASEMENT AGREEMENT THiS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between BIBI F. JABAR, a married woman, (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 two (2) perpetual, non-exclusive easements for the purposes described on Exhibit "A" (said easements hereinafter referred to as the "Property", which is attached hereto and made a part of this Agreement) which may include road right-of-way, drainage, sidewa[k, utility and maintenance purposes over, under, upon and across the lands described in Exhibit "A", 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 tile terms and conditions set fodh 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: · 1. Owner shall convey the Property to Purchaser for the sum of $1,400.00 payable by County Warrant (said transaction hereinafter referred to 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 Properly to Purchaser. Purchaser may install drop curbing (for a driveway entrance only), when appropriate, at a location that is mutually acceptable to the parties. However, if the parties are unable to agree upon a mutually acceptable location, then the Purchaser shall have the dght to install said drop curbing where Purchaser deems appropriate. 2. 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. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within ninety (90) 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 all properly executed instruments 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. 4. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval oy the Board of County Commissioners of Collier County, Florida. 5. 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 Easement Agreement Page 2 on the Properly 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 al 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. 6. 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. 7. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. The cost of a title commitment shall be paid by the Purchaser. 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). 8. 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 padies hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. 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, Flodda Statutes.) 10. 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 pdor or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Page 3 iN WITNESS WHEREOF, the padies hereto have executed this Agreement on this ./~;. :"'~' day of _.,/--~/-/'._~,~ ~,~,~,. 19 ~'/"~. Date Property acquisition approved by BCC: 4/28/98, #98-107 Date Property condemnation approved by BCC: 6/22/99, #99-287 AS TO PURCHASER: DATED:(~~~/2?~ ATTEST: 'DWIGHT E. BROCK, Clerk "~'/-Z]~'/~/=~.~-~, Depu~t~ C erk Att~'~'~'t' aS to Chatr.in's slgnat~e ~1~. AS TO OWNE~: DATED: ~//~/qq Witness (Signature) Name: ~b ~[~. u //?cd.~,' J Address: BOARD OF C~.QI,~N~¢ COMMISSIONERS COLLIER~,N.,7~ FLORIDA Bibi F. Jabar , (Print o~r._.T.ype)...~ VV~n e ss (S ig-n a-t u ro~-/~ ~.~_~ (Print or Type) Approved as to form and legal sufficiency. ~i~tant Gounty ~ttorno~