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Parcel 265APROJECT: Golden Gate Boulevard/63041 PARCEL NO: 265A FOLIO: 37064380001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between MOHAN GIDHARRY and CARMIN GIDHARRY, 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 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 stun 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 $500.00 (Five Hundred Dollars), 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. Prior to Closing, Owner shall obtain from the holders of any hens, 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 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. 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. 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 Conunissioners 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 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 £mes 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. 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). 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. Easement Agreement Page 2 10. 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.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have Date Property acquisition approved by BCC: !~- 2~ -q/~ executed this Agreement on this ///~---~ day of AS TO PURCHASER: DATED: .~_. itness (Signature) ~_ ~,~_~ ~/~_~_ f Print o~Ty~e~) ~Wi~e~s~Sig~mre) (Print or T~e) aime s s (Signa~e~ (Print or T~e) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Address: 4011 Northlight Dr. Naples, FL 34112 Address: 4011 Northlight Dr. Naples, FL 34112 Approved as to form and lega~ sufficiencY:l i_~i~e ~ di~F .'-.~ s h~o n- Assistant County Attorney PROJECT NO. 63041 PROJECT PARCEL NO. 265 A LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 165 feet of Tract 68, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE WEST PROPERTY LINE EXISTING RRV LINE (GOLDEN GATE BLVD.) 165 FEET EAST PROPERTY LINE N 15 FOOT DRAINAGE, UTILITY AND MAINTENANCE EASEMENT (EXISTING 50 FT. RRV EASEMENT) SOUTH PROPERTY LINE SCALE: 1 inch = 100 feet Collier County Real Properly Management Department 09/01/98 9:24 AM MEMORANDUM RECEIVED TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS N4AY 0 71999 i~r~l of Count] *.c~.ission~rs FRQM.'~~A. MOTT, SENIOR SPECIALIST (,~ REAL PROPERTY MANAGEMENT DATE: MAY 6, 1999 RE: GOLDEN GATE BOULEVARD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 63041 Parcel: 265NGidharry Attached you will find one (1) Easement Agreement for execution hy Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Heidi F. Ashton, Assistant County Attorney, has reviewed and approved the attached document. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase in Resolution 98-107, Item 16(b)(1), dated April 28, 1998. Pursuant to Resolution 98-107, Paragraph 8, 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. Once the Agreement has been executed, please for~,ard same to Ellie Hoffman, Records Technician III, Minutes and Records Management, for attestation by the Clerk to the Board. Ms. Hoffman will then call me at extension 8991 for document pick-up Thank you. Attachment as stated PROSECT: Golden Gate Boulevard/6304 I PARCEl. NO: 265A FO[.IO: 370643~005 EASEMENT AGREEMENT TillS EASEMENT AGREEMENT (hereinafter referred to as Ihe "Agreement") is made and entered into by and between MOIlAN GIDIIARRY and CARMIN GIDIIARRY, 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"); WIIEREAS, 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 m as the 'Property'). which is attached hereto and made a parl of this Agreement; WtIEREAS, Owner desires to convey the Property to Purchaser for thc stated purposcs, on Iht terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW 'FHEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), anti 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: I. Owner shall convey the Property to Purchaser for the sum of $500.00 (Five ltundrcd Dollars), payable by County Warrant fsaid 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 thc parties, ltowevcr, 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 subo.tinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, 1o 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 ot 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 l'urchascr. 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. 5. Owner is aware and understands that the "offer" to purchase represented by fi~is Agreement ~s subject lo acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently arc 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 thc Purchaser; that thc Owner has no knowledge of any spill or environmental law violation on any property contiguous to or ~n thc 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 Property, b) any existing or threatened environmental lien against thc 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 anomey 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 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). 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and ,,hall inure to the benefit of and be binding upon the parries hereto and their respective heirs, executor,,, personal representatives, ~uccessors, succc.,sor trustees, and:or assignees, whenever the context so requires or admits. Easement Agreement Page 2 I0. If the Owner holds thc Property in the form of a partnership, limited parmership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclost,re, according to Chapter 286, Florida Statutes, under oath, of the name and address of every, person having a beneficial interest in the Properly before the Properly held in such capacity is convcyed lo ['t, rchascr, 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 Ibc general public, it is hereby exempt from thc provisions of Chapter 286, Florida Statutes.) I I. This Agreement is governed and construed in accordance with the laws of the Stale of Florida. .,~.~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this [~ da5,' of Date Property acquisition approved by BCC: L{-7..~ °qB AS TO PURCIIASER: ." .~,D~IGtlT E. BROGK~ C~tk Attest as to Ch,~trI~'l $1Qaature onl$. AS TO OWNER: DATED: ///'/.7_-, ~itness (Signature) . (Print (Print or T~e) ~itne*~ (Signature ~ (Print ~Wi~ess (SJ~na~tc) (Print or T~) BOARD OF COUNTY COMMISSIONERS COLI.IER COUNTY, FI.ORIDA nY:.p /~O ![.A S. ~ tAC'KIE, Chairwoman MOIIAN GIDttARR5~' ''\ Address: 4011 Norlhlight Dr. Naples, FI. 34112 Address: 4011 Norlhlight Dr. Naples, FI. 34112 Approved as to form and legal/sufficiencyi Assistant County Attorney PROJECT NO. 63041 PROJECT PARCEL NO. 265A LEGAL DESCRIPTION & SKETCH (NO T A SURVEY) The Nodh 15 feet of the Soulh 65 feet of the West 165 feet of Tract 68, Golden Gale Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. NORTH PROPER'r"Y LINE 165 FEET WEST PROPERTY LINE EXISTING R/C/LINE (GOLDEN GATE BLVO.) EAST PROFERTY LINE FOOT DP, Alt;AGE. UTILITY ANO MAJNTENAt, ICE EASEMENT SOUTH PROPERTY Lll'tE t 31 E 31 O R A iN D,I.J 3I TO: FRO M: DATE: RE: Ellic I Ioffmal~ Records Technic ian 111 Minutes & Records M anagcmcn! Toni A. Mott Senior Specialist Real Propc~y Management I)cpanmcnt August 18. 1U99 (;olden Gale Boulevard Improvements ('oilier ('ountv project Xo. 63041 Ellic. attached please find one ii ) original rccordcd t!ascmcnl fi~r Iht above referenced project. The Board of C'otlHlv ('ommissioncrs of ('oilier (;Otlllly, [:lorida approvcd thc acquisition by gift or purchase in Resolution 98-1~17. Item 16(b)( I ), dated April 28. 1998. Plcase conlacl mc if you have a~y qucslioHs or comments at 8991. Thank you. attachment as stutcd cc: A.N. Ko~i. Project Manager. Public Works lmginccring Department w/attachment Tax Appraiser's Office w/attachment Tax Collector's Office xv/altachmcnl Inventory File w/attachment PROJECT: PARCEL: FOLIO: 63041/Golden Gate Boulevard 265A/Gidharry 370643800O1 EASEMENT 2517675 OR: 2580 ?G: 2309 RICORD~D in OFFICIAL P,~CORDS o[ CO~,LH£ C00~1, coxs 500.00 ~oc-.?o ).50 THIS EASEMENT, made and entered into this __ day of __ 19,., by MOHAN GIDHARRY and CARMIN GIDHARRY, Husband and Wife, whose mailing address is 4011 Northlight Drive, Naples, Florida 34112 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 sufl'iciency 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 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. Witness (Signature) ..) ,(Print or Ty~e)... Witness(.9~_qnature) (Print or Type) .: MOHAN GIDHARRY Address: 4011 Northlight Drive Naples, FL 34112 CONV[YAf~CE ACCEPTED BY THE ,r, out;; ¥ COMMISSIONERS, COUNTY, FLORIDA, lO THE PROVISIONS kLSgLUTI0ti N0. O,~- " OR: 2580 PG: 2310 .W. itS,e s.s_~.S ig n atu re), ~ (Print or Type) Witness (Sign~ure) Name: '"-~, ~. (Print or Type) Address: 4011 Northlight Drive Naples, FL 34112 STATE OF_/(~,'/: COUNTY OF The foregoing Easement was acknowledged before me this ~ day of __~,' _, 1999, by MOHAN GIDHARRY, who is personally know-~-to me or who has produced _~ %'¢c' /FO M-) y)-/.~ as identification. (affix notarial seal) ¢r~f/~llrMr CO,'r,~.~.O¢, CC?f.¢5~171 (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#: ('(. My Commission Expires: STATE OF~ COUNTY OF./~/, c,~/L The foregoing Easement was acknowledged before me this ~ day of ~, 1999, by CARMIN GIDHARRY, who is personally known to me or who has produced _~ ~60 /o~,..~~. as identification. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: C~: ~ My Commission Expires: ~ PROJECT NO. 63041 PROJECT PARCEL NO. 265A EXHIBrr Pa~.~ _ _of ~._L_. _LE_GAL_D_~-..,S_CRIPTION & S~F-.,_T_C~ (NOT A SURVEY.) The North 15 feet of the South 65 feet of the West 165 feet of Tract 68, Golden Gate Estates Unit No. 10, as recorded in Plat Book 4, Page 101 of the Public Records of Collier County, Florida. EAST PItOPERTY I t~E N __ is FOOT Un^INAGE, UllLITY N ! At~D MA1NTENANgE ex?.t ;~q ?~! L?IE EASEMENT ............ ~ ...... ~ ................. f ~ ...................... (GOLDE~I GATE BLVDJ J ,EXISTING ~ F r. ~ EASE~NT) S~TH PR~ERTY LfflE SCALE: 1 Inch = 100 feel