Parcel 157INTEROFFICE MEMORANDUM
TO;
MAUREEN KENYON
CLERK TO THE BOARD
FROM:
JEAN JOURDAN, REAL I'ROPERTY SI'ECIALIST II . ,'~ 5/-(
REA L PROPERTY MANAGEIvlENT I)EPA RTM ENT <
SUBJECT:
AGENDA ITEM: 16(B)(1)
APRIl. 28, 1998
RESOI.U I-ION 98-107
DATE: JUNE 10, 1999
Attached are thc following original documents for your safe-keeping:
One (1) Easement Conveyances for the four laning of Golden (;ate Bouh.,..:~, t
between State Road 951 and Wilson Fhmlevard l'rojcct.
Official Record Book 2550 Page.'2424-426
Attached;(' Seven (1) Easement Conveyance
PROJECT: GG Blvd.
PARCEL: 157/Morlock
FOLIO: 36863960005
EASEMENT
2480923 OR: 2550 PG' 0424
I~COP, D]D in CHICIAL R~CORD$ of COLLI~
CO~S
THIS EASEMENT, made and entered into this ~ day of //-~'-' "'--'
19 '', by PHILIP R. MORLOCK and IRIS MORLOCK, his wife, whose mailing
address is 2841 Golden Gate Boulevard West, Naples, Florida 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
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuabk:
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 grantr;d
herein shall constitute easements running with the land and shall burden the
described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
Witness (Signature)
Name: ¢0.~16: ~J.
(E(,int or Type)
. __-~:' >~,2~ /
~n~s (Sign~uFe)
Name:~~
(Print or Type)
PHILIP R. MORLOCK
Address: 2841 Golden Gate Blvd. Wes~
Naples, FL 34120
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COHMISSIOffERS,
COLL![R ¢OL'!ITY, FLORIDA,
PURSU,ANT TO THE
/ ~,, ~f'
OR: 2550 PG: 0 25
Page 2
'// / ~ I/ / ..
f ' C. LJ'
Witness (Signature)
Name: (_(2~'3tr,_
(Print or Typ~)
.W,~ness !S:gn?to/eJr_. _ . ,
Name: /'
(Print or Type)
IRIS MORLOCK
Address: 2841 Golden Gate Blvd. West
Naples, FL 34120
STATE OF '/,., ,'
COUNTY OF ( . / /
~..:/;./(.._. .... : (, .The foregoing Easement was acknowledged before me this -..: '" day of
, 19,9~9, by PHILIP R. MORLOCK who is personally know~' t~ me or who
as identification.
(a x notarial sea
STATE OF' .- ¢'//¢, /
COUNTY OF
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
.SA'tI :' '~;~. (~,~,,.issJon # CC 781698
, The foregoing Easement was acknowledged before me this :"" '" day of
~/~__~,,"~ , 1999, by iRIS MORLOCK who is personally known to me or who has
pro-r-r-r-r-r-r-r-~ed ~L ;~ ,]./',~ .... as identification.
.(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
,:-~,';;,:,.. Uee~,~ L~cene Oulnn
h~,. "', florida 34~12
t94~) //4-8400
PROJECT HO. 6304
PROJECT PARCEL t'JO, 1.57
EXHIBIT
PM I of,,,,,,l
LE_GAL_DJE_~C;_BIPTION 8L~TOH
(NOTA SURVEY)
The Horth 1.5 feet of the 'South 65 feet of the VVest 150 feet of Tract 64.
Golden Gate Estates Unit bio. 6, as recorded in Plat Book 4, Page 93 of
the Public Records of Collier County, Florida.
tl0R ~H FPOPERT ¢ LIt;E
,/ WEST PROPERI'Y L,~IE
EXI$?I~G P/,¥ LI:JE
(GrXDEU GAIE BLVD )
150 FEET
.[
Sr. JUTH PROPER rY llUE ~
r EAS'/PRC,'PEF~ rY
__ 15 FOOT DF~,ItlAGE. UTILITY '"
Arid MAIhlTENAfJCE EASEMEhlT
(EX SUUG 50 FT. PYW EASEMEUT)
SCALE: linch - IOOfeel
TO:
FROM:
INTEROFFICE MEMORANDUM'
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specialist II ..~/.
Real Property Management Depadmen~/~' /
DATE: March 31, 1999
RE:
Golden Gate Boulevard, Parcel 157
Project 69031 (Modock)
Pursuant to Resolution 98-107, Agenda Item 16.B.1, dated April 28, 1998, 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.
For the Golden Gate Boulevard Project, please reference Resolution No. 98-107,
Paragraph 8.
The attached Easement Agreement has been executed by the property owner of
the subject parcel of land.
These documents have been reviewed and approved by County Attomey staff.
Please complete the document(s) as necessary and return them to my
attention.
If you have any questions regarding this matter, please contact me at 774-8991.
Thank You.
Attachment:
PROJECT: G. G. Blvd.
PARCEL: 157
FOLIO: 36863960005
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between PHILIP R. MORLOCK and IRIS MORLOCK,
hls 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 purposes 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 Owner desires to convey the Easement to the Purchaser for the
i~; stated purposes, on the terms and conditions set forth herein;
WHEREAS, the Owner desires to be compensated for the Easement, as well as
any, improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Easement (hereinafter referred to as "Property") and for the improvements, over,
under, upon, and across 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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall grant Purchaser the Property in exchange for the sum of
$2,300.00, broken down as follows:
Easement , $ 700.00
Improvements (If any) $1.600.00
TOTAL: $2,300.00
Owner accepts the above compensation as full payment for the
Property, 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 Property 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 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 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 shall be provided to Purchaser on or before the date of closing.
5. Conveyance of the Property, or any interest in 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.
6. 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.
7. Owner represents that the Property and all uses of the Property has
been and presently is 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
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 Property. This provision shall survive
closing and is not deemed satisfied by conveyance of title.
8. 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 7. This provision shall survive closing and is not deemed satisfied by
conveyance of title.
9. The Purchaser shall pay for all costs of recording the conveyance
instruments 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 Easement from the mortgagee(s).
10. 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.
11. 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
Securffies 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.)
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
this ~ ...z day of
Dated ProjectJAcquisition Approved by
BCC: April 28. 1998
AS TO PURCHASER:
'ATED: .'
A'i-rEST: ' '.'.-.
DWIGHT E. B~RO(~K, Clerk
AS TO OWNER:
'DATED: .,3-..q 6;. ~'s
(Pdnt or Type,)
Name: Z././~,~' ._--~e~/~
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PA~E'EA~. I~AC'~IE, ~Ch~rwoman
PHILIP MORLOCK
Address: 2841 Golden Gate Blvd. West
Naples, FL 34120
Witness_(~gnature)
Name: ...~)<,~..,, L,.
(Print or Type)
itn~s (Signat~--e~'~
Name: ,/_-..,~//~ ~.,~' ~z/]/).,,/',,u'
(Print or Type)
IRIS MORLOCK
Address: 2841 Golden Gate Blvd. West
Naples, FL 34120
PROJECT PARCEL NO. 157
EXHmrr...EL_
,
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The Nodh 15 feet of the South 65 feet of the Wes[ 150 feet of Tract 64,
Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of
the Public Records of Collier County, Florida.
&&
EXISTI~ fl~V LI4E
(OOU~N GATE BLVD.)
SOUTH PROPERTY tl~
150 FEET
;,, EAST PROPERTY
H
15 FOOT DRAINAGE. UTILITY
AND MAINTENANCE EASEMENT
(EX]STI~,tG 50 FT. RAN EASEMENT)