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Parcel 274PROJECT: Golden Gate Boulevard PARCEL NO: 274 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between MARIA DEL CARMEN FLORES, (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, sidewalk, utility, & 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 Properly 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 $500,00, 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 Property 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 right 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 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 conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. 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. · Easement Agreement Page 2 5. 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. 6. Owner represents that the Property and all uses of the Properly 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 Properly, 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. 7. 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 asseded 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. 8. 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 Ihis 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 modgagee(s). 9. 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. 10. If the Owner holds the Property in the form of a partnership, limited padnership, 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.) 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 parties.,h..ereto have executed this Agreement on this ~ day of ~,,~.,..~, 19/~'. Date Property acquisition approved by BCC: 4/28/98 AS TO PURCHASER: DATE D:~ ~ ATTEST:. ' .. DWIGHT E.' BRocK, Clerk Attesf. as to £halr~an'$ $~9nature AS TO OWNER: DATED: Witness (Signatu,~) Name:~ (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~t, ~ Maria Del Carmen Flores Address: Approved to form and legal sufficiency Assistant County Attorney OFFICE OF CAPITAL 3301 EAST TAMIAMI TRAIL (941) 774-8192 PROJECTS NAPLES, FLORIDA 34112 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO. 63041 PROJECT PARCEL NO. 274 ( t 00' R O.W.) GOLDEN G,\TE BOULEVARD RIGIII' OF WAY LINE 25 FO( SIDEWA & I',IAI r3 EASEMEH 330' t330' DESCRIPTION: THE SOUTH 25 FEET OF TIlE NORTH 75 FEET OF lite WEST 75 FEET OF THE EAST 150 FEET OF TRACT 84. GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF Tile PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA t~ E?IST 50'R\W ASEi~IENT ..................... Z ........ Z.iL_ · DRAIHAGE, ,LK. LJTILITY. -- EiqAHCE TRACT 84 IDS' 75' 7,5' 7,5' I' · tOO' JULY ,'2g. ~ggO GG02i'4 SHEET I OF I PROJECT: G. G. Blvd. PARCEL: 274 FOLIO: 37015680006 2432.618 OR: 2512 PG: 0612 RECORDEL ~ OPHCIAL RECORDS of COLLIER COUNTY, FL 02/11/99 at 0m:07PM DWIGHT E, BROCK, CLERK CONS 500.00 R~C PEE 15.00 DOC-.70 3.50 Retn: REAL PROPERTY EXT 8991 INTER OPHCE EASEMENT THIS EASEMENT, made and entered into this/'2~[.f6 day of/'x. , .t~K0_rnl9~{.~% , 197~_,~° by MARIA DEL CARMEN FLORES, AS SOLE OWNER, whose mailing address is 1970 SW 128TM Court, Miami, Florida 33175 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.) WITNE S SETH: 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 drainage, sidewalk, utility, & maintenance 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 drainage, sidewalk, utility, & maintenance 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. ~ Wit~ness (~gnature) (Print Na}m~ .~S~ ~it~et ('-'~na~re) (Print }qame) ~,/ Mafia Del Carmen Flores OR: 2512 PG: 0613 STATE OF COUNTY OF ~/ The foregoing Easement was acknowledged~d~b__e_fgre me this Mafia Del Carmen Flores, who isQersonall'y--lm-o-w~-~o as id~a~o~. (Affix not~Lriat seal) · . day of ~ ,1998, by me or who has produced . ( Signature-~6-f Ll~loiary) /-'v (Print Name of Notary) Commission # d L5 z/~ 5"~ ~' )-- My Co~Expire~.---~-~ge 2,. 15 ~ fO~ON NO. CC.~%:~s7 , ~ %~ COMML%ION EXP ~iNE D~ } BOARD OF COUNTY COMHISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. _ ~' -- -~** OR: 2512 PG: 0614 *** ... 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. 274 (100' R.O.W.) GOLDEN GATE BOULEVARD ~-- NORll4 PROPERTY LINE 330' I L E)]ST. 50' R\W[ ASEMENT-- ' ,--, .~,. EXISTING RIGHT OF WAY LINE i / I 25 FOOT DRAINAGE. /\ SIDEWALK, UTILITY, --' -- & MAINTENANCE EASEMENT uJ t.iJ ,~. I-,.. u3 I'-- i_ ~ '.3 I [ 0 50 100 2OO TRACT, 84 i ' WEST PROP =RTY LINE ~ ~EAST PR )PERTY LINE 105' I 75' 75' 7,~' L 330' ' SOUTH PROPERTY LINE DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 84, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. i EXHIBIT , DRAWN [~Y C! IECKEL) []Y SCALI[ (3^l t'.. I II I. NO :. I" · 100' JULY ~, ~g.~0 GOt~2~4 SHEET 1 OF 1 L E)]ST. 50' R\W ASEMENT-- EXISTING r DRAINAGE, iLK, UTILITY, -- ....... FENANCE ENT I-t- UJuJ uJ tJJ .~. r-,. u'~ I-- i.-. ~ 0 0 50 TRACT 84 WEST PROF =RTY LINE ~ ~EAST PR )PERTY LINE 105' 75' 75' 75'