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Parcel 236MEMORANDUM To: Sue Filson, Administrative Assistant Board of County Commissioners From: Ernie Kerskie, Real Property Specialist II Real Property Management Department September 12, 2000 Golden Gate Boulevard Improvements Collier County Project No. 63041 Parcels: 236/Stevens-Ramsey Date: Subject: Attached you will find one (1) Easement Agreement for execution by Chairman Timothy J. Constantine concerning the above transaction. Please be advised that Ellen T. Chadwell, 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 236 in Resolution 99- 287, 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 Ill, 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: Golden Gate Boulevard PARCEL: 236 FOLIO: 37010920004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between PAMELA J. STEVENS f/k/a PAMELA J. RAMSEY f/k/a PAMELA J. CORLE, a married woman and DAVID ALLAN STEVENS JR., her husband (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 (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 $1500.00 broken down as follows: Easement $ 1400.00 Temporary Driveway Restoration Easement$ 100.00 TOTAL: $ 1500.00 Owner accepts the above payment as full compensation 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 fome 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. IN WITNESS WHEI~EOF, the parties hereto have executed this Agreement on this -L~ day of ~ , 2000. Date Property acquisition approved by BCC: 4/28/98 Resolution No. 98-107 Date Property condemnation approved by BCC: 6/22/99 Resolution No. 99-2872 AS TO PURCHASER: ATTEST: DWIGHT E. BROCK, Clerk .: : ,, : :_ Deputy Clerk -- ? · slg.at~e on AS TO'OWNER: DATED: W~~i~~) ~ ~ (Print or Type) BOARD OF CO~.U.J:~:~=OMMISSIONERS COLLIERCNTY, FLORIDA BY: Chairman TIMeFlY J. COI~I'ANT~, PAMELA J. STEVENS flk/a PAMELA J. RAMSEY flk/a PAMELA J. CORLE Witness~,~ignature) r,_ Name: (Print or Type) Witness .(Signature). ~-15rint or Typfi) Witness (_~Signature) Name:' I (Print or Type) 1590 Golden Gate Boulevard W Naples, FL 34120 1590 Golden Gate Boulevard W Naples, FL 34120 Approved as to form and leg~ sufficienc)~- / EIl~n T. ~h~,~eli Assistant County Attorney OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO. 630 PROJECT PARCEL NO. 236 EXHIBIT Page._.L__of I,, (lOO' R.O.W.) -- GOLDEN GATE BOULEVARD --NORIHPIIOPERTYLINE \ / t.. E;IST, 50'R~W [:ASEMENT... .... ~ EXISTING I )T DRAINAGE, IALK, UTILITY, ~ITENANCE ~ENT ~ , 0 50 TF ACT 16 ~ EAST P OPERTY LINE PROPERTY LINE'~ / ! 05' 75' 75' 75' 25 FOOT SIDEWA[ EASEMENT WEST L330' SOUTH PROPERTY LINE DESCRIPTION: ' · THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 105 FEET OF TRACT 16. GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4. PAGE 99. OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. OF WAY LINE DRAWN BY ICHECKEDBY NOT A SURVEY BUILDING LOCATIONS FOR ILjustRATIVE PURPOSES, ONLY, SHOWING DRIVEWAY LOCATIONS AND DISTANCES TO ROW'S. BUILDING FOOTPRINTS REPRESENTATIVE ONLY, NOT ACTUAL. ' 1" = 100' JULY 20, 1990 GG0236 SHEET 1 OF 1 PROJECT: Golden Gate Boulevard PARCEL: 236T FOLIO: 37010920004 EXHIBIT "B" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the South 30 feet of the North 105 feet of the West 105 feet of Tract 16, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99 of the Public Records of Collier County, Florida. TO: FROM: DATE: RE: Memorandum Ellie Hoffman Records Technician III Minutes & Records Management Rachel Collazo ~ Real Property Specialist I Real Property Management Department November 15, 2000 Project#63041 - Parcel #236-Golden Gate Boulevard Please find attached one (1) ori_clinal recorded Easement and one (1) ori.qinal Temporary Driveway Restoration Easement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 98-107, Agenda Item 16 B 1, dated April 29, 1998, and approved the acquisition by condemnation pursuant to Resolution 99-282, Agenda Item 8 B 7, dated June 22, 1999. Please contact me if you have any questions or comments at 8991. Thank you. attachments as stated cc: Property Appraiser's Office w/attachment Inventory File w/attachment Office of the Real Property Management Department PROJECT: Golden Gate Boulevard PARCEL: 236 FOLIO: 37010920004 EASEMENT 2688844 OR: 2721 PG: 1289 HBCORDBD in OriFICIAL RBCORDS of COLLIH COUNTY, FL 09/13/2000 at 03:IlPM D#IGH? ll. 8ROCE, CLRRK ~C ~H 15,00 I~D~XI~ 1.00 C0~I~S 3,00 ~ PROPHT~ THIS EASEMENT, made and entered into this c~'/'~' ~x? 11991 z~litllY~fc~ ~[;Pre.,~/~r~-- ,2000, by PAMELA J. STEVENS f/ida PAMELA J. RAMSEY f/ida PAMELA J. CORLE, a married woman and DAVID ALLAN STEVENS dR., her husband, whose mailing address is 1590 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.) WlTNESSETH: 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, sidewalk, 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. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (~gnature), ~/ Name: ~//-~~ {//-~//~) (Print or Type) Witness_(~ign,ature) Name: [ ~r'~o~--/Vi¢(~ (Print or Type) PAMELA J. STEVENS f/Ida PAMELA J. RAMSEY f/Ida PAMELA J. CORLE 1590 Golden Gate Boulevard W Naples, FL 34120 STATE OF 6~/a~ D,q COUNTY OF COc.~(~ The J. CORI~E~, who identification. (affix notarial seal) foregoing Easement was acknowledged before me this ~',~J3 day of ,2000 by PAMELA J. STEVENS f/Ida PAMELA J. RAMSEY f/Ida PAMELA is personally known to me or who has produced O~a~ ,~_z¢~.r~ as (Signature of Notary Public) This property has been acquired under threat of condemnation and is exempt from, documentary stamp tax (Print Name of Notary Public) Serial/Commission #: My Commission Expires: OR: 2721 PG: 1290 Witness J,.Sj~na_tu re)/,~/~(~ Name: (Print or Type) Witness__(Signature) Name: (Print or Type) ID ALlJAN STEVEN~S JR, 1590 Golden Gate Boulevard W Naples, FL 34120 STATE OF /~&~A,D4 COUNTY OF to~t.~ The foregoingEasement was acknowledged before me this ? V-~ day of ,.~(~3 ~L ,2000 by DAVID ALLAN STEVENS JR., who is personally known to me or who had produced~'~' ~:.l_f~ ~[~.C~,ba,~as identification. ~q~- (~. ;5~5~r) (affix .otarial seal) '-4(,~1 '~ /']4,.. CY-E-~ ~~ (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: Prepared by: Ellen T. ChadweT], Esquire Office of the Count~ Attorney 3301 East Tam~amt Traf] Naples, Florida 34112 (941) 774-8400 THIS CONVEYANCE ACCEPTED BY TtlE'] ~OARD OF COUErY COMMISSIONERS, CO) L ~EP. COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS. OF RESOLUTION NO. ~q- Z~,7~J~'?I ***OR: 2721 PG: 1291 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO. 63041 PROJECT PARCEL NO. 236 EXHIBIT 1TT 3T DRAINAGE, tALK, UTILITY. ~TENANCE VIENT ~ , o TFACT 16 ~ EASf PI IOPERTY LINE PROPERTY LINE 105' 7,5' 75' 75' 2 SIDE & MAINTE EASEME WES1 (100' R.O.W.) GOLDEN GATE BOULEVARD '-' NOlUH PI;IOPERT¥ LINE RIGHT OF WAY LINE L330' SOUTH PROPERTY LINE I DESCRIPTION: ' · THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 105 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. g, AS RECORDED IN PLAT BOOK 4, PAGE g9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA NOT A SURVEY BUILDING LOCATIONS FOR ILjustRATIVE PURPOSES, ONLY, SHOWING DRIVEWAY LOCATIONS AND DISTANCES TO ROW'S. BUILDING FOOTPRINTS REPRESENTATIVE ONLY, NOT ACTUAL. DRAWN BY CHECKED BY ISCALE DATE FILE NO. r " , 1"= 100' JULY20. 1990 GGB230 SHEET 1 OF 1 PROJECT: Golden Gate Boulevard PARCEL: 236T FOLIO: 37010920004 2688845 OR: 2721 PG: 1292 I~¢0RDED i~ O~ICI~L RE¢O£DS of ¢OLLI~ COU~?¥, ~ 09/13/2000 at 03:IlPM DWIGHT B, BROCK, CLBRK ~C P~! 15.00 INDEII~O 1.00 ¢0~I~I 3.00 TEMPORARY DRIVEWAY RESTORAT~~MENT BZ? 8991 ~ THIS EASEMENT granted this q+" day of 5¢,°~1i~"~L'~ , 2000, by PAMELA J. STEVENS f/~a PAMELA J. RAMSEY f/~a PAMELA J. CORLE, a married woman and DAVID ALLAN STEVENS JR., her husband, whose mailing address is 1590 Golden Gate Boulevard W, Naples, FL 34120 as Grantor, to COLLIER COUNt, 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 requires. THIS IS HOMESTEAD PROPERTY IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness [SianatureJ/'/.~ Name:~,~~~ (Print or Type) Witness~Si~nature),, Name: ( ?r'(~:~,,-,-/~¢ (~(C I [c, ~3 (Print or Type) PAMELA J. STEVENS f/Ida PAMELA J. RAMSEY f/Ida PAMELA J. CORLE 1590 Golden Gate Boulevard W Naples, FL 34120 STATE OF t~co ~L~ O ~ COUNTY OF g.~ L. ~f ~-- f/Ida PAMELA J. (affix notarial seal) !l~.~ EXPIRES: April 4, 2003 Tills pr6p~roff na~ ~n mmat of mnd mnation and is The foregoing_Temporary Driveway Restoration Easement was acknowledged before me this day of :~Lb~' ,2000 by PAMELA J. STEVENS f/Ida PAMELA J. RAMSEY ~CORLE, who is personally known to me or who has produced as identification. (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: rider from OR: 2721 PG: 1293 (Print or Type) Witness (Signature) Name :'?'.£e_5"~-.-/4/fc Cle/(~-x, (Print or Type) 1590 Golden Gate Boulevard W Naples, FL 34120 STATE OF ;~(.v~-~ 04 COUNTY OF ~ c. c4 The foregoing Temporary Driveway Restoration Easement was acknowledged before me this ~ day of ..~_~Pf , 2000 b,.y DAVID ALLAN STEVENS JR., who is personally known to me or wh6 has produced ,$~¢L~ j~.~.qz.~ as identification. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: Prepared by: Ellen T. Chadwell, Esquire Office of the County Attorney 330! East Tamiami Trail Naples, Florida 34112 (941) 774-8400 THI~ CONVEYANCE ACCEPTED' B¥-THE'~J BOARD OF COU~Y COMMISSIONERS, C©i ,.',~ COUNTY, FLORIDA, FL, i~S'JAi'dT TO THE PROVISIONS OF RESOLUTION NO. *** OR: 2721 PG: 1294 *** PROJECT: Golden Gate Boulevard PARCEL: 236T FOLIO: 37010920004 EXHIBIT "A" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The West 30 feet of the South 30 feet of the North 105 feet of the West 105 feet of Tract 16, Golden Gate Estates Unit No. 9, as recorded in Plat Book 4, Page 99 of the Public Records of Collier County, Florida.