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Parcel 142RECEIVED TO: FROM: DATE' INTEROFFICE MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Jean Jourdan, Real Property Specialist II/.~~ Real Property Management Departmen!:/// August 27, 1999 RE: Golden Gate Boulevard, Parcel 142 Project 63041 (CARPENTER) 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 98-107, Agenda Item 16.B.1, dated April 28, 1998, 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. The Board of County Commissioners of Collier County, Florida approved acquisition by gift, purchase or condemnation pursuant to Resolution 99-220, dated April 27, 1999. 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: Golden Gate Boulevard PARCEL NO: 142 FOLIO: 36810960003 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between KENNETH L. CARPENTER AND NANCY A, CARPENTER, husband and wife (hereinafter referred to as "Owner"), and COLLIER 6OUNTY, a political subdivision of the State of Flodda, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, County has requested that Owner convey to the County 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 sidewalk, drainage, utility and maintenance purposes over, under upon the Property. 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: 1. Owner shall convey the Property to Purchaser for the sum of $2,100.00, 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. 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, propedy 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 propedy 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 by 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 on the Property except as specifically disclosed to the PJrchaser; 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 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 or' the Properly 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. 6. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, an,/ 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. 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 Properly 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 parties 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 Properly hold 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.) 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 prior 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 V~HEREOF, the padies hereto have executed this Agreement on this~?-z~ day of ~ ,19 ,~ . Date Property acquisition approved by BCC: ~ Date Property condemnation approved by BCC: 4/27/99 Res. No. 99-220 AS TO PURCHASER: DATEO:_~~ ,z~ / ?,~' A'FI'EST:: r.., j~ DWIGHT E. BROCK, Clerk £~.j~'//~/1~ ~, Depu-ty'Clerk Atte~,ms to Ch~l~'$ slgnmtu~ ~ly.'. AS TO OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pamela S. Mac'Kie, Ch'airW'oman DATED: Witness (Sig~da"tfJre) Name: Z~, ,.'~ ,~,V (Print or Type~ W~~g/atu re) Name: ~~ (Print or T~pe) Name: ~ , /~1~ (Print or Type) (Print or Type) Approved as to form and legal sufficiency: .~ Heidi F'. As~ht;n Assistant County Attorney PROJECT NO. 63041 PROJECT PARCEL r,,IO. 142 (NOT A SURVEY) (SDUE) - The South 25 feet of the Nodh 75 feet of the West 180 feet of Tract 17, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. (DUE) - The South 15 feet of the Nodh 65 feet of the East 150 feet of Tract 17, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of lhe Public Records of Collier County, Florida. PROPERTY tINE ;ExlSflr~G 50 FT r5"~¥ EAS~ME~If} E XISIIHG F,",'t ~ ~NE S [ .... · WEST PROPERTY LIHE :~FT ~FT, I SODTH PROPERTY LINE FEET : ............... iS F~ 25 FOOT S DEWALK. DRAIN&( ~tlO MAI,"ITEtlANCE EASEMEI', 30~FEET I' DRAINAGE, UTILI1,Y dflT. EASEME!IT (DUE) , UTILI (SDUi EAST PROPERTY LINE SCALE: 1 Inch · 100 feel Memorandum TO: FROM: DATE: SUBJECT: MAUREEN KENYON, CLERK OF THE BOARD JEAN JOURDAN, SENIOR SPECIALIST ~.~. AGENDA ITEMS: 8 (B) (4) & 8 (B) (5) APRIL 27, 1999 & JUNE 22, 1999 ATTACHED IS THE FOLLOWING ORIGINAL DOCUMENT FOR YOUR SAFE- KEEPING COMPRISING OF (1) ONE EASEMENT ACQUIRED FOR THE FOUR LANING OF GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND WILSON BOULEVARD. OFFICIAL RECORD BOOK & PAGE NUMBER: 2601/2926-2928 CC: A.N. KORTI, PROJECT MANAGER, PUBLIC WORKS ENGINEERING DEPARTMENT PROPERTY APPRAISER'S OFFICE REAL PROPERTY MANAGEMENT DEPARTMENT Retn: REAL PROPERTY BZT 8991 INTER OFFICE 2543951 OR: 2601 P-G: 2926 ¢o,,s RECOPIED in the OFFICIAL RECORDS of t. ,ER COUNTY, FL REC FEE 15.00 10/14/1999 at 01:21PN D#IGHT B. BROCK, CLKRK COPIES 3.00 PROJECT: Golden Gate Boulevard PARCEL: 142 FOLIO: 36810960003 EASEMENT THIS EASEMENT, made and entered into this day of ~-~f~xd2~l , 19 c~ by KENNETH L. CARPENTER AND NANCY A. CARPENTER, hg~band and wife, whose mailing address is 60 31st St. SW, Naples, FL 34120, 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 (2) perpetual, non-exclusive easements, licenses, and privileges for the purposes described on Exhibit "A" which may include 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 HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, remove all landscaping, trees, shrubs, improvements or fixtures located thereon and take materials for the purpose of constructing, operating and maintaining 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 date and year first above written. WITNESSES: ~ ~ (~rint or Typ~ ' ess (~dnt or lype) ~0~ n~jsLt: ~ av~P e~nte r Naples, FL 34117 THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COH'TSSTONERS, COi' !:u ,]C!~NT',', ;'LO?InA, PURSU/,.N'i l-O THE PROVISIONS OF RESOLUTION NO. OR: 2601 PG: 2927 Name: ~-////4P.,f2 ','~~O~/~ (Print or Type) v ~ss (i~_~tum') / (Print or Type) 60 31st St. SW Naples, FL 34117 STATE OF ,/-~'~, ~ COUNTY OF~ The foregoing Easement was acknowledged before me this ,,~'~ day of /~'J~,t,~,3/~, 1999, by Kenneth L. Carpenter, who is personally known to me or who has ~ro~ced ._/'~'./~,'~ as identification. (affix notarial seal) Ltllian Jean Jourdan ~"-~"~ Commissio~ # CC 753113 Expires June 21, 2002 BONDED THRU A'~! ANTIC BONDING CO., INC at6 r-e-6{ N ot 'yu 6, ic) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:. My Commission Expires: STATE OF COUNTY OF ~z~-~ foregoing Easement was acknowledged before me this ~,~./'.'~..day of The 1.~9)9~ b.y Nancy A. Carpenter, who is personally known to ~',,,~ ~,, ~vho has~ ,/..-/,~_~ /---/~. as identification. (affix notarial seal) Lillian Jean Jourdan ~ Commissio~ # ~ 753113 Expire~ ~ 21, ~2 BONDED THRU ANT C BONDING CO.. Prepared by:./~~'-~.~. ~ Robert N. Zachary,~Esqtnre Office of the County Attorney 3301 East Tamiarni Trail Naples, Florida 34112 (..~1) 774--8400 ' (S,,i~r~atu~e ~f N~a/~Pu~,ic) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: PROJECT NO. 63041 PROJECT PARCEL NO. 142 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) (SDUE) - The South 25 feet of the North 75 feet of the West 180 feet of Tract 17, LESS the West 30 feet thereof, Golden Gate EStates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. (DUE) - The South 15 feet of the North 65 feet of the East 150 feet of Tract 17, Golden Gate Estates Unit No. 5, as recorded in Plat Book 4, Page 91 of the Public Records of Collier County, Florida. (EXISTING 50 FT. R/W EASEMENT)' I '. EXISTING R/W LINES ~, ! I I I I I WEST PROPERTY LINE NORTH PROPERTY LINE 30 FT SOUTH PROPERTY LINE 15 FOC AND M I 30 FT' ~ , , 25 FOOT SIDEWALK, DRAINAGf AND MAINTENANCE EASEMEI 300 FEET I' 'T DRAINAGE, UTILITY ~INT. EASEMENT (DUE) UTILITY (SDUE) N EAST PROPERTY LINE SCALE: 1 Inch = 100 feel Collier County Real Property Management Deparlment -' 06/30/98 3:44 PM