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Parcel 207To: From: Date: Subject: Memorandum MAUREEN KENYON, SUPERVISOR MINUTES AND RECORDS ROBERT TEXTER .~2,~'~. REAL PROPERTY SPECIALIST II April 14, 2000 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 263012951-2953 263012954-2956 PARCEL 171/DOSS PARCEL 171/DOSS PARCEL 171T/DOSS EASEMENT AGREEMENT PARCEL 177/TRUJILLO 2619~2780-2782 PARCEL 177/TRUJILLO PURCHASE AGREEMENT PARCEL 188/ACEVEDO 2606/1174-1 t 76 PARCEL 188/ACEVEDO EASEMENT AGREEMENT 262210793-0795 2622~0796-0798 PARCEL PARCEL PARCEL 202/POLANCO 202/POLANCO 202T/POLANCO EASEMENT AGREEMENT 2632~3486-3488 263213489-3491 PARCEL PARCEL PARCEL 207/DEL RIO 207/DEL RIO 207T/DEL RIO 259011127-1128 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: 207 FOLIO: 36914160000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between RAUL DEL RIO COLON and ALMA VEGA MORALES DEL RIO, husband and wife, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for drainage, utility, and maintenance (hereinafter referred to as the "Easement") over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of the Agreement, described as follows, to wit; SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference; WHEREAS, the Purchaser requires a non-exclusive Temporary Driveway Restoration Easement (hereinafter referred to as "TDRE") over, under, upon and across the Owner's lands, for reconstruction of the existing driveway, described in Exhibit "B", which is attached hereto and made a part of the Agreement, described as follows, to wit; SEE ATTACHED EXHIBIT "B", which is incorporated herein by reference; WHEREAS, the Owner desires to convey the Easement and the TDRE (hereinafter collectively referred to as "Properties") to the Purchaser for the stated purposes, on the terms and conditions set forth herein; WHEREAS, the Owner desires to be compensated for the Properties as well as any improvements located thereon; WHEREAS, the Purchaser has agreed to compensate the Owner for the conveyance of the Properties and for the improvements located thereon. 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant Purchaser the Properties in exchange for the sum of $2900.00 broken down as follows: Easement $ Temporary Driveway Restoration Easement $ Improvements $ 600.00 100.00 2200.00 TOTAL: $ 2900.00 Owner accepts the above compensation as full payment for the Properties, and for all landscaping, trees, shrubs, improvements and fixtures located thereon, and for any damages resulting to the remainder, if less than Owner's entire property was taken, and for all other damages in connection with the conveyance of said Properties to Purchaser. 2. Purchaser shall pay Owner by County Warrant. 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 Properties. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Properties to Purchaser in an instrument acceptable to Purchaser. 4. Prior to the closing, Owner shall obtain from the holders of any and all liens, encumbrances, exceptions, or qualifications in and to the Easement, the execution of such instruments that will, upon their recording in the Public Records of Collier County, Florida, clear any and all encumbrances from the Easement. Such instruments, including the TDRE, shall be provided to Purchaser on or before the date of closing. 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 Properties and all uses of the Properties 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 Properties 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 Properties to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Properties, b) any existing or threatened environmental lien against the Properties or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Properties. 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 asserted 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 instruments 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 Easement from the mortgagee(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 Properties 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 Properties before the Properties 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. Conveyance of the Properties, or any interest in the Properties, 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. 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. this ,1999. Date Property acquisition approved by BCC: 4/28/98 Resolution No. 98-107 Date Property condemnation approved by BCC: 6/22/99 Resolution No. 99-285 AS TO PURCHASER: DATED: ATTE, ST:.: DWIGHT' E: BROCK, Clerk ,. ,:~'.,'....'. ,,, · ,.~ ,..~ ~ -~ r, ,, BOARD OF COUNTY COMMISSIONERS COLLI ERgO NTY, FLOI~I DA P~ IE, ~~i~o/Zo~r~n'"'~- BY: ""~1~ AS TO OWNER: DATED: ''/--2~/~' ' Name:P--_--4x~,~/ 2""- (Print or Type) (Print or Type) 2035 Golden Gate Boulevard W Naples, FL 34120 (Print or Type) 2035 Golden Gate Boulevard W Naples, FL 34120 Approved as to form and Assistant County Attorney PROJECT NO. 63041 PROJECT PARCEL NO. 207 EXHIBIT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 150 feet of Tract 64, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 150 FEET ..,,/" WEST PROPERTY LINE ~ 4 EAST PROPERTY LINE 15 FOOT DRAINAGE, UTILITY I AND MAINTENANCE EASEMENT EXISTING RAN LINE (GOLDEN GATE BLVD.) I (EXISTING 50 FT. R/W EASEMENT) SOUTH PROPERTY LINE SCALE: 1 inch = 100 feet Collier County Real Properly Management Department 06/30/98 5:38 PM PROJECT: Golden Gate Boulevard PARCEL: 207 FOLIO: 36914160000 EXHIBIT "B" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 35 feet of the West 82 feet of the North 20 feet of the South 85 feet of the West 150 feet of Tract 64, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. PROJECT: Golden Gate Boulevard PARCEL: 207 FOLIO: 36914160000 2583376 OR: 2632 PG: 3486 RSCORDBO in OFFICIAL RBCORDS of COLLHR COHTY, rL 01/20/2000 at 01:34PN DWIGHT B. BROCK, CLNRK CONS 2900.00 HC FBB 15.00 COPINS 4.00 Retn: HAL PROPBRTY BXT 8991 INTBR 0~FICB EASEMENT THIS EASEMENT, made and entered into this ~ day of ~~ - , 1999, by PAUL DEL RIO COLON and ALMA VEGA MOPALES DEL RIO, husband and wife, whose mailing address is 2035 Golden Gate Boulevard W, 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, remove all landscaping, trees, shrubs, improvements or fixtures located thereon 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 property has been acquired under threat of condernnation and is exern. pt from documentary stamp t~ TIllS CONVE','A.N::E ~CCEPT-'.,~ 3Y THE BOARD OF CO:;NTY CO1,',rP 'jC, U;4T.' ['[.OPln OF RESOLUTION OR: 2632 PG: 3487 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: Witnes~gnature) Name: (~rint or Type) 2035 Golden Gate Boulevard W Naples, FL 34120 (Print or Type ~ W '~PSrint or Type) 2035 Golden Gate Boulevard W Naples, FL 34120 STATE OF COUNTY OF The foregoing h~ss~roduced '- (affix notarial seal) ,,,,:,.~,~'.,"~ii~% ~;arol t,, ?MY COMMISSION//CC6389~4 EXPIRES Easement was acknowledged before me this ZJ,~ day of , 1999 by PAUL DEL RIO COLON, who is personally known to me or who ,- as identificatio . (Print Name of Nota~ Public) ~ NOTARY PUBLIC Serial/Commission ~: My Commission Expires: STATE OF COUNTY OF L-~_~///~,/-- ~ The foregoing or who has produced (affix notarial seal) Carol L. Brundage MY COMMSSJON # CC638924 EXRRES June 22, 2001 BONDED THRU TROY F/UN n6UP, ANCE, INC, ,1999 by ALMA VEGA MOPALES DEL RIO, who is so o me --"---' as identification. f' otary'l% (Print Name of Notary Public) 7 ~ NOTARY PUBLIC/Commission #: My Commission Expires: Prepsrod by:. Robed N. Zachary, Esquire Of'rice of the County Attorney 3301 East Tamlaml Trail Naples, Rorida 34112 (941 ) 774-8400 PROJECT NO. 63041 PROJECT PARCEL NO. 207 *** OR: 2632 PG: 3488 EXHIBIT A LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 150 feet of Tract 64, Golden Gate Estates Unit No. 7, as recorded in Plat BOok 4, Page 95 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 150 FEET ,/" WEST PROPERTY LINE ~, · EAST PROPERTY LINE 15 FOOT DRAINAGE, UTILITY ~ I AND MAINTENANCE EASEMENT EXISTING RAN LINE (GOLDEN GATE BLVD.) T (EXISTING 50 FT. RAN EASEMENT) SOUTH PROPERTY LINE T SCALE: 1 inch = 100 feel Collier County Real Property Management Department 06/30/98 5:38 PM PROJECT: Golden Gate Boulevard PARCEL: 207 FOLIO: 36914160000 2583377 OR: 2632 PG: 3489 RECORDED in OP~ICI&L RECORDS of COLLIER COUNf~[, 01/20/2000 at 01:34PM DWIGHT E. BROCK, CLERK CONS 2900.00 RBC FEB 15.00 COPIES 4.00 Retn: li~aL PROPERTT BIT 8991 IN~R ONFICN TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENT granted this 2-~ day of c~(-~/-z~'~' , 19 ~.~, by RAUL DEL RIO COLON and ALMA VEGA MORALES DEL RIO, husband and wife, whose mailing address is 2035 Golden Gate Boulevard W, Naples, FL 34120 as Grantor, to COLLIER COUNTY, a political subdivision of the State of Florida, 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 or assigns.) WITNESSETH That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Driveway Restoration Easement to enter upon the lands described as follows (the "Easement Area"): See attached Exhibit "A", which is incorporated herein by reference. The Easement Area, which is adjacent to the permanent easement conveyed by the Grantor to the Grantee, shall be used by Grantee for the purpose of filling, grading and placing concrete, asphalt or rock, on the Grantor's lands for the purpose(s) of constructing, with materials of like kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway and the newly constructed road, sidewalk, and drainage improvements on Golden Gate Boulevard. This Temporary Driveway Restoration Easement shall expire upon completion of construction or August 31, 2004, whichever occurs first. However, if construction is not completed by August 31, 2004, this Temporary Driveway Restoration Easement shall automatically extend to August 31, 2005. Grantee shall use its best efforts to restore the existing landscaping, plantings and light fixtures within the Easement Area to its original condition. Grantor and Grantee are used for singular or plural, as the context requ ires. THIS IS HOMESTEAD PROPERTY OR: 2632 PG: 3490 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: (Print or Type) 2035 Golden Gate Boulevard W Naples, FL 34120 (Print or Type) Name: 3"bV (Print or Type) AL-M.~ VEGA"~RRALES DEL RIO 2035 Golden Gate Boulevard W Naples, FL 34120 STATE OF COUNTY OF Co//~/~ The fore oing Temporary Driveway Restoration Easement was acknowledged before me this ,.2j~c/day of ~'~"~%u,,--~-~/,.z,~ -- , 1999 by PAUL DEL RIO COLON, who is personally known to /~- - · · · :~,,' /// Serial/Commission ~: My Commission Expires: STATE OF ~/~/~/~:~ COUNTY OF ~///~/- The fore oing Temporary Driveway Restoration Easement was acknowledged before me this .-2_~4 day of ~"'~,,dyj ~--,-c-z"c.c-Z------, 1999 by ALMA VEGA MOPALES DEL RIO, who is personally known to me or who has produced ~---------- as identification. (affix notarial seal) .--(~gna I',Tot ublic) ,'~' ' MYC0MM'SSJ~e~2.200CC63192~4Exm~S(Print Name of Notary Public> ? NOTARY PUBLIC/Commission #: My Commission Expires: Prepared by:. Robert N. Zachary, Esquire Office of the County Attorney 3301 East Tamlami Tram Naples, Florida 34112 (941) 774-8400 *** OR: 2632 P6:3491 *** PROJECT: Golden Gate Boulevard PARCEL: 207 FOLIO: 36914160000 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 35 feet of the West 82 feet of the North 20 feet of the South 85 feet of the West 150 feet of Tract 64, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida.