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Parcel 109 RECEIVED SEP 2 9 1999 ~)ard of County CommIssioners INTEROFFICE MEMORANDUM TO: FROM: DATE: Sue Filson, Administrative Assistant Board of County Commissioners Jean Jourdan, Real Property Specialist Real Property Management Department/'*:-- September 28, 1999 RE: Golden Gate Boulevard, Parcel 109 Project 63041 (Poff) 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 Commissioners 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 99-222, Agenda Item 8 B. 4, dated April 27, 1999. Once the Agreement has been executed, please forward same to Ellie Hoffman, Records Technician III, Minutes and Records Management, for attestabon 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: 109 FOLIO: 36712420007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between HARRY C. POFF AND R. SIRENA POFF, husband and wife (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 drainage, utility and maintenance over, under, upon and across the lands described in Exhibit "A" (said easement hereina~.er 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: 1. Owner shall convey the Property to Purchaser for the sum of $1,300.00, 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 dght 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 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 Pumhaser, 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, Easement Agreement Page 2 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 coud, in bankruptcy or administrative proceedings or on appeal), penal[les 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 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 Statules, 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.) 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this .~ day of .(~ Date Property condemnation approved by BCC: '~127/99 Res. No. 99-222 AS TO PURCHASER: DATED:~__,]~/, / ,~,,~ · ATTEST: DWIGHT E. BROCK, Clerk "E'z.z./'~-//~',~'~4J, DepUty Clerk Attest as to Chalni~'$ sIgnatur~ o~15. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: m~an~ Easement Agreement Page 3 AS TO OWNER: ~/~1'r~ess (Signp~'m.~'/-- - , Name: /' _ z/~ 4/,/ "--.-J t (Print or Type) "~ witn~s}-(Sig,n..~r~¥...,~.._~ ' / R. Sirena' Poff z.,/...¢¢¢_~ . Name: .,/-,/~,¢'/v' ~.J. ~-x.,,,Z~,,'2 ~ V~it n,es~ (Signature (Print or ~ype Approved as to form and legal sufficiency: .~ Heidi F. AsH'tb"n Assistant County Attorney PROJECT NO. PROJECT PARCEL NO. 63041 109 L F-,G A L_~E,_S_.O_Bi P TI 0 N A_.S_ K E_T_.C_ H (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 180 feet of Tract 40, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. }TO{1TH PR0CERTY lINE 1 FEET WEST PROPERTY EXISTItJG RAN LII'JE EAST PRO¢'ERTY LINE N 15 FOOT Dr'~,INAGE . UTILIT~ AND MAINTENANCE EASEMENT ........ t ........ ' .... SOIJTH PROPERTY tINE T SCALE: linch = 100feet Memorandum TO: FROM: DATE: SUBJECT: MAUREEN KENYON, CLERK OF THE BOARD JEAN JOURDAN, SENIOR SPECIALIST ~,~. REAL PROPERTY MANAGEMENT FEBRUARY 17, 2000 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-/2515-2515 CCi A.N. KORTI, PROJECT MANAGER, PUBLIC WORKS ENGINEERING DEPARTMENT PROPERTY APPRAISER'S OFFICE REAL PROPERTY MANAGEMENT DEPARTMENT PROJECT: Golden Gate Boulevard PARCEL: 109 FOLIO: 36712420007 EASEMENT 2543779 OR: 2601 PG: 2515 RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL 10/14/1999 at 10:02AM DWIGHT E. BROCK, CLERK CONS 13000.00 REC ~ 10,50 COPIES 2.00 Retn: REAL PROPERTY EXT 8991 IN?ER OFFICE THIS EASEMENT, made and entered into this ~ day of ~/' , 19._~_, by HARRY C. POFF AND R. SlRENA POFF, husband an'~-'W~'fe,'whose mailing address is 3790 1st Avenue NW, 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, a perpetual, non-exclusive easement, license, and privilege for 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, and take materials for the purpose of constructing, operating and maintaining 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 date and year first above written. WITNESSES: Name: /_~/~ /~/itnes~ natu re)L/ ACCFPTED BY '[HE ~SERS, PROVISIONS OR: 2601 PG: 2516 *** Page 2 L · W~n~s(Sigr~r~./ . R. Sirena P'~ff ' Name:/--//'~/~,,,/' .,d (Print or Type) (Print or Type) Lillian Jean Jourdan ~, Cornmission# CC 753113 Expires June 21 2002 BONDED iHI~U %Ti AI~TIc BONDING C~).. COUNTY OF The foregoing EASEMENT was acknowledged before me this ,~.J~'~ day of ~'/--L"~C L ;,.1(_999, by HarWasC.identification.POff and is personally known to me or who has produced ¢~~of~~ ~/ / (Print Name of Notaw) Commission ¢ My Commission Expires: The foregoing EASEMENT was acknowledged before me this ~,3~'¢t'/day of i1999, by R. Sirena Poff and is personally known to me or who has produced d_.. as identification. (Affixn ota rial seal) (Print Name of Notary) Commission # My Commission Expires: Lillian Jean Jourdan ~'~ C0mmissi0n # CC 753113 Expires June 2% 2002 BONDED THRU ATI.ANT C BONDING CO., INC Prepared 6_y:/.~__. ~.)_ Rob~ N. ~:acttary, E'squlr® ,,,c~ the County Attorney 3~1 East ]%miami Trail Napes, Florida ~112 (~ 1) 774-~ L E GA L_.D E S_C RI__P]'I 0 N. &_S t_~ETC it (NOT- A SUf~VEY) -l-t~e l'.~u~ th 15 feet of ttle Soutll 05 feet of ll~e West 180 feet of Tract 40, Goldei~ Gate Estates Ui~it No. 3, as iecolded iI~ Plat Book,l, Page 77 of ttle Public Rocords of Collier County, Florida. Itt)It 111 PRL)['EIt I Y LINE 180 FEET WESf PR()PERTY LINE EXI$ I It'IG RPA,' LINE (GOLDEH GAl E BLVD.} / EASI I'Rr,)PER1Y Lille I5 FOOl I;,RAIr,IAI:IE , UIII_I ILI Al.ID MAIN 1 Er.IAIHCE EA.qI£ME H 1 {EXISTING 50 Fr. ruw EAoEMEHI SCALE: liuch = lO0leel C¢im UouIlly Real PfoF~rly IL,In age ,eul Depadmenl 06/26fg8 I:06 PM