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Parcel 177To: From: Memorandum MAUREEN KENYON, SUPERVISOR MINUTES AND RECORDS ROBERT TEXTER REAL PROPERTY SPECIALIST II Date: April 14, 2000 Subject: AGENDA ITEMS: 8(B)6 JUNE 22, 1999 ATTACHED ARE THE FOLLOWING ORIGINAL DOCUMENTS FOR YOUR SAFE-KEEPING, COMPRISING A LIST OF 14 DOCUMENTS, ACQUIRED FOR THE FOUR LANING OF GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND WILSON BOULEVARD: OFFICIAL RECORD BOOK & PAGE NUMBER: 2630/2949-2950 2630/2951-2953 2630~2954-2956 PARCEL 171/DOSS PARCEL 171/DOSS PARCEL 171T/DOSS EASEMENT AGREEMENT PARCEL 177FFRUJ ILLO 261912780-2782 PARCEL 177FFRUJILLO PURCHASE AGREEMENT PARCEL 188/ACEVEDO 2606/1174-1176 PARCEL 188/ACEVEDO EASEMENT AGREEMENT 262210793-0795 2622~0796-0798 PARCEL PARCEL PARCEL 202/POLANCO 202/POLANCO 202T/POLANCO EASEMENT AGREEMENT 2632~3486-3488 2632/3489-3491 PARCEL PARCEL PARCEL 207/DEL RIO 207/DEL RIO 207T/DEL RIO 2590/1127-1128 PARCEL 273/MALDONADO cc: A.N. Korti, Project Manager, Public Works Engineering Department w/attachment Collier County Property Appraiser w/attachment Inventory File Copy REAL PROPERTY MANAGEMENT DEPARTMENT PROJECT: Golden Gate Boulevard PARCEL NO: 177 FOLIO: 36868121001 & 36868120002 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between MORAIMA TRUJILLO, a single 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 a perpetual, non-exclusive easement for drainage, utility and 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 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: Owner shall convey the Property to Purchaser for the sum of $1500.00, 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. 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. 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. 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. 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. 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 Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on Easement Agreement Page 2 e 10. 11. 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. 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. 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 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). 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. 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, Florida Statutes.) 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. 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 hereto have executed this Agreement on this 1~"'~' day of Date Property acquisition approved by BCC: 4/28/98 Resolution No. 98-107 Date Property condemnation approved by BCC: 6/22/99 Resolution No. 99-284 AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk :-- :,-At~;~! , :. '-.' ~":., i~':::'! ?:'i.:' ...,:.' ;: ." ,-'. ".AS TQ,~W'R:BR: ,.' '..,. ":?.%'~ -~ '~ , '2,',' "'-..., DAi~ED:,,L;':Zi,/t,~;~' Witness (Signa ye) (PriOrY'or Type) MORAIMA TRUJILLO 1015 North Greenway Drive Coral Gables, FL 33134 Approved as to form and legal sufficiency: Assistant County Attorney 'PROJECT NO. 63041 PROJECT PARCEL NO. 177 EXHIBIT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 128, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 330 FEET WEST P/P,R,OPERTY LINE EAST PROPERTY LINE 15 FOOT DRAINAGE, UTILITY ~ AND MAINTENANCE EASEMENT EXISTING RJW LINE ...... L .'."' :'."' :': "'.': 2'.':'_": :'_": :'L': :' 'j :'.' 'Z :'.' '_: :'.' '_' ................. T (EXISTING 50 FT. R/W EASEMENT) GOLDEN GATE BLVD. SOUTH PROPERTY LINE T SCALE: 1 inch = 100feet Collier County Real Propedy Management Department 06/23/98 11:49 AM 2566904 OR: 2619 PG: 2780 RICORDID in OFFICIAL RNCORDS of~ COLLIBR COUNTY, 12/09/1999 at 01:26PN DWIGHT B. BROCK, CLBRK CONS 1500.00 R]C FIB 15.00 COPIES 3.00 Retn: RBAL PROBRTY BXT 8991 INTER OF~ICB PROJECT: Golden Gate Boulevard PARCEL NO: 177 FOLIO: 36868121001 & 36868120002 EASEMENT THIS EASEMENT, made and entered into this ~ day of 0~lo~51',l~ , 19ve,_~, by NORAlMA TRUJILLO, a single woman, whose mailing address is 1 5 North Greenway Dri oral Gables, FL 33134, 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 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, utility and 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. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMM.TS.SIO.~IERS. COl t !EP COUNTY, FLOP, IDA, PURSUANT TO THE PEOVISIGNS OF RESOLUTION NO. qc[. ~..~;/5,_ This property has been acquired under threat of condemnation and is exempt from documentary stamp tax · OR: 2619 PG: 2781 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: Witness (Sign e) (p~~ypcee~'d"z"z'~ Name: ,' ' / ~W' ' ntr (Print o'V'r Type) MORAIMA TRUJILLO 1015 North Greenway Drive Coral Gables, FL 33134 STATE OF FLo'P,,[ 12>A, COUNTY OF DRD ~ The foregoing produced (affix notarial seal) , -_ ~-' ,-%, , Easement was acknowledged before me this ?' day of ,1999 by MORAIMA TRUJILLO, who is personally known to me or who has as identification. (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # My Commission Expires: ~ ~ Aida M Diaz Prepared by: R,~ert N. Zachary, Esquire Office of the County Attorney ~i301 East Tamlami Tral Naples, Florida 34112 (941 ) 774--8400 PROJECT NO. 63041 PI?,OJECT I~AI,~CI."'_I.. N(.).177 EX~BIT *** OR: 2619 PG: 2782 *** LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 128, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 330 FEET WEST P~OPERTY LINE ~. ,~ EAST PROPERTY LINE EXISTING RAN LINE 15 FOOT DRAINAGE, UTILITY AND MAINTENA,NCE EASEMENT (EXISTING 50 FT. RM EASEMENT) GOLDEN GATE BLVD. SOUTH PROPERTY LINE t SCALE: 1 inch = 100feet Collier County Real Propedy Management Department 06/23/98 11;49 AM