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Parcel 314AMEMORANDUM To: From: Sue Filson, Administrative Assistant Board of County Commissioners Ernie Kerskie, Real Property Specialist II Real Property Management Department Date: August 22, 2000 Subject: Golden Gate Boulevard Improvements Collier County Project No. 63041 Parcels: 314A/Maribona Attached you will find one (1) Easement Agreement for execution by Chairman Timothy J. Constantine concerning the above transaction. Please be advised that Robert Zachary, Assistant County Attorney, has reviewed and approved the attached documents. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift, purchase or condemnation for Parcel 314A in Resolution 99- 290, Item 8(B)(7), dated June 22, 1999. Pursuant to the previous 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 forward 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 PROJECT: PARCEL: FOLIO: Golden Gate Boulevard/63041 314A 37163780007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between WILFREDO MARlBONA and BARBARA MARlBONA, 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, sidewalk, utility and maintenance purposes (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 $2,600.00, broken down as follows: Easement Temporary Driveway Restoration Easement Improvements (If any) $ 900.00 $ 100.00 $1.600.00 TOTAL: $2,600.00 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). The cost of a title commitment shall be paid by the Purchaser. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on thisol*l,,~-~, day of ~ ,2000. Date Property condemnation approved by BCC: 6/22/99 8(B)7 Res. No. 99-290 AS TO PURCHASER: DATED:, L/-,~ 2.~/~ /' A.TTESTt DWl Clerk Clerk as to CM rma's stg at, DATED: '~- z I - Zooo Witness (Signature) Name e~t (Print or Type) Wi~es~(Siqn~u[e) Nam~ (P~int'or ~ype) BOARD O OU~"~~N~ coMI~11SSlO NE RS COLLIER OO..UI~Y, F/LORI, I~A /'~ TI~Y J. CON~¥'ANTINi~,, Chairman WlLFREDO MARlBONA 590 Golden Gate Boulevard W. Naples, FL 34120 Witness (Signature) Name: (Print~or Ty, p.e)_ Wit~e~s S(~.g~ture)' '"'"-.~"- Name~?3~! (Print or Type) TM BAI~BARA MARIBONA 590 Golden Gate Boulevard W. Naples, FL 34120 Approved as to form and legal sufficiency: Robert N~ Zac, i'fary Assistant County Attorney OFF,CE OF CAPITAL 3301 EAST TAMIAMI TRAIL (941) 774-8192 F r-tOJECTS NAPLES, FLORIDA 34112 SKETCH OF DESCRIPTION (NOT A SURVEY) EXHIBIT A PROJECT NO. 6304 PROJECT PARCEL NO. 314A (100' R.O.W.) GOLDEN GATE BOULEVARD NORTH PROPERTY LINE WEST PROPERTY LINE .! 'L EXIST, 25 FOOT DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT WEST ONE HALF TRACT 50 165' I EASEMENT--~. 5O FAST PROPERTY LINE 1§5' 330' SOUTH PROPERTY lINE EXISTING RIGHT OF WAY LINE 0 50 100 200 DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST ONE HALF OF TRACT 50, GOLDEN GATE ESTATES UNIT NO. 12. AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DftAWN BY FILE NO, GGB314A SH~_ET 1 OF 1 Project: Parcel: Folio: Golden Gate Boulevard 314AT 37163780007 EXHIBIT Page ,I.,,of I TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 77 feet of the South 45 feet of the Nodh 120 feet of the West One Half (W 1/2) of Tract 50, Golden Ga~e Estates Unit No. 12, as recorded in Plat Book 4, Page 105; o[ the Public Records of Collier County, Florida. . ~j George R. Ilichmond P.b,S. #~406 Ptiblic Works !~ngincering Dept. 3301 Tamiami Trail l~ast Naples, FL 3411:2 MEMORANDUM TO: FROM: DATE: RE: Ellie Hoffman Records Technician III Minutes & Records Management Ernie W. Kerskie ~x~-~ Real Property Specialist Real Property Management Department August 30, 2000 Golden Gate Boulevard Improvement Project Parcel 314A / Maribona Original Conveyance Documents Ellie, attached please find the following original recorded documents from the above referenced project: Temporary Construction Easement Easement The Executive Summary authorizing the Chairman of the Board of County Commissioners to accept the attached Easements was approved by the Board of County Commissioners Resolution 99-290, Agenda Item 8(B)7, dated June 22, 1999. Please contact me if you have any questions or comments at 8991. Thank you. Attachment as stated cc: N. Korti, Project Manager, TECMD Inventory File (with copy of agreement) Contractors File (with copy of Agreement) 'PROJECT: PARCEL: FOLIO: Golden Gate Boulevard (Project #63041) 314AT 2~807~7 0~: 27~ PG: 37163780007 REC0RI)!D ta 0~ICZIL RIC0P, I)S 0[ C0L~11~ COON?Y, 08/2U2000 at 12:06PN D[I~I? ~. ~NOCI, CLN~N REC IN! 15.00 3,00 This property has been acquired under threat of condemnation and is exempt from documentary stamp tax REAL PROPBR?Y BX? 8991 IN?BR OFF[C! TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENT granted this /0~' day of //)Ff~;/ , ~1~ by WlLFREDO MARlBONA AND BARBARA MARlBONA, husband and wife as Grantor, to COLLIER COUNTY, a political subdivision of the State of. F orida, its successors an'd assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grant...;e" 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 restor:9 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 requires. THIS IS NOT HOMESTEAD PROPERTY IN WITNESS WHEREOF, tile Grantor has caused these presents to be executed the date and year first above written. W, kTNESS, ES: ---~.~(Signature) , /-.u_ ~u _ Wilfr~o Maribo)~a 590 Golden Gate Boulevard West Naples, FL 34120 THIS CONVEYANCE ACCEPTED BY Tile BOARD OF COUNTY COMMISSIONERS, COlLiER COUNTY, FLORIDA, FURSUANT TO THE PROVISIONS OF RESOLUTION !lO. ~9-~70. ~)~)f Page 2 (~P~inted Name) , , (Printed Name)_.,,/ OR: 2714 PG: Barbara Maribnna 590 Golden Gate Boulevard West Naples, Fl_ 34120 1933 STATE OF ~10nD~ COUNTY OF C0 ~¥i CC The foregoing Temporary Driveway Restoration Easement was acknowledged before me this IO day of ~'~\ , ~ .by Wilfredo Maribona, who is personally known to me or who has produced' ~L~ '~i,?. I..~¢..~ as identification. (affix notarial seal) Explr~Augu~t 1.2003 (S~ns~ur~No~s~ Public) (Print Name of Notary Public) NOTARY PUBUC Serial/Commission ~: ~ ~ My Commission Expires: STATE OF ~!Or;~l'~ COUNTY OF ~1_0 [!-,,'-C~- The foregoing Temporary Driveway Restoration Easement was acknowledged before me this .!Oday of , 1 b Barbara Maribona, who is personally known to me or who has produced ¢:'~t..~ ¢. as identification. (affix notarial seal) (Signature oI N~'tary Public) (Print Name of Notary Public) NOTARY PUBLIO Serial/Commission #: g My Commission Expires: ~repared by:. Robert N. Zachary, Esquire Office of the County Attorney 3301 Eas[ Tamlarni Trall Naples, Florida 34112 (C:41) 774-8400 ' *** OR: 2714 PG: 1934 *** Project: Parcel: Folio: Golden Gate Boulevard 314AT 37163780007 EXHIBIT "A" ? TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the East 77'feet of the South 45 feet of the North 120 feet of the West One Half (W 1/2) of Tract 50, Golden Gate Estates Unit No. 12, as recorded in Plat Book 4, Page 105, of the Public Records of Collier County, Florida. Public Works Engineering Dept. 3301 Tamiami Trail East Haplos, FL 34112 'PROJECT: Golden Gate Boulevard PARCEL: 314A FOLIO: 37163780007 This property has been acquired under 2680796 OR: 2714 PG: 1929 RBCORDBD in OFFICIAL RICORDH of COLLIBR COUNYY, FL 08/24/2000 at 12:0~PM DWISH? I. BROCK, CL]{RK I~C ~B! IS.00 3,00 threat of condemnation and is exempt from documentary stamp tax RIAL PROPIRYY IX? 8OSI IIYIR OFFICl EASEMENT THIS EASEMENT, made and entered into this J0 ~9Y of /}-t0r';{ 1~ by WILFREDO MARlBONA AND BARBARA MARlBONA, husband and wife' whose mailingaddressis 590 Golden Gate Boulevard West, Naples FI 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 ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusiv,e easement, license, and privilege for sidewalk, drainage, utility and maintenance pu. rposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, remove all landscaping, trees, shrubs, improvements or fixtures located thereon and take materials for the purpose of constructing, operating and maintaining sidewalk, drainage, and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Wilf~'do Maribp~a 590 Golden Gate Boulevard West Naples, FL 34120 THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COI.lIER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION, NO. OR: 2714 PG: 1930 Page 2 /~gna!~e) ignature) . (Printed Name) Barbara Maribona 590 Golden Gate Boulevard West Naples, FL 34120 STATE OF ~'1 COUNTY OF The,?~;~,~ljtoing Easement was acknowledged before me this ~C~'~h day of (::~\, v;I,899, by Wilfredo Maribona, who is personally known to me or who has produced ~¢'$or~e,~ ~,z~o--o~O as identification. (affix notarial seal) Aaron Thomas My Commssion CC8t~9aS4 Expires August 1{ 2003 (Signatu r~"'of >' '~ Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: (~¢..~_ %~:tq[,~q' My Commission Expires: STATE OF (~ ¢[0[';~ COUNTY OF O~t '~ ~,~f~ The .~oing Easement was acknowledged before me this 1~~'~ day of t5~'; ~ , ~.,?Jg9, by Barbara Maribona, who is personally known to me or who has p~'oduced '~.,'~* ~o.~0 as identification. (affix notarial seal) .~?,m~ ~ (Print Name of Notary Public) My c~..~. ccs~ma NOTARY PU BLJC t '~,~ F..~.~.., ~, ~00~ Serial/Commission #: My Commission Expires: Prepared by:. Robert N. Zachary, Esquire Office of the County Attorney 3301 East Tamlaml Trail N~ples, Florida 34112 OR: 2714 PG: 1931 OFFICE OF CAPITAL 3301 EAST TAMIAMI TRAIL (941) 774-8192 PROJECTS NAPLES, FLORIDA 34112 SKETCH OF DESCRIPTION (NOT A SURVEY) EXHIBIT PROJECT NO. 6304' PROJECT PARCEL NO. 314A WEST PROPERTY LINE /' (lOO' R,O.W.) GOLDEN GATE BOULEVARD 3,: )' 'L EXIST, 50' R\' EASEMENT---~. TRAC] 50 '"'~ EAST PROPERTY LINE 165' 165' L330' SOUTH PROPERTY LINE 25 FOOT DRAINAGE, SIDEWALK, UTILITY, & MAINTENANCE EASEMENT WEST ONE HALF TRACT 50 NORTH PROPERTY LINE .~"- EXISTING RIGHT OF WAY LINE 0 50 100 200 DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST ONE HALF OF TRACT 50, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DRAWN BY ICHECKEDBY "sc~_E .............. 1"=100' DATE [ FILE NO. ...... "' JULY 20, 1998 GGB314A,~ ~... SI-I~ET 1 OF 1