Parcel 102 & 104Memorandum
To:
From:
Date:
Subject:
MAUREEN KENYON, CLERK OF THE BOARD _
JEAN JOURDAN, SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT DEP~~I~
NOVEMBER 2, 1999
AGENDA ITEMS: 8 (B) (16)
APRIL 24, 1998
ATTACHED IS THE FOLLOWING ORIGINAL DOCUMENT FOR YOUR SAFE-
KEEPING ACQUIRED FOR THE FOUR LANING OF GOLDEN GATE BOULEVARD
BETWEEN STATE ROAD 951 AND WILSON BOULEVARD.
OFFICIAL RECORD BOOK & PAGE NUMBER:
2559/2817-2819
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: Golden Gate Boulevard
PARCEL: 102 & 104
FOLIO: 36760840008, 36760800006
24916 OR: 2559 PG: 2817
DOC-.70
iKTH ~?~!C~
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT made and entered into this / ?/'~day of /~///~ ¢ ,
19 ~, by CADILLAC AUTOMOBILE COMPANY OF BOSTON, a Massachusetts
corporation, f/Wa Chief Pontiac Motor, Inc., a Massachusetts corporation, whose
mailing address is 135 Massachusetts Avenue, Boston, MA 02115 (hereinafter referred
to as "Grantor"), and COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its
successors and assigns (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" are used for singular or
plural, as the context requires, and 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, receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
temporary license and privilege to enter upon the following described lands located in
Collier County, Florida, to wit:
SEE ATTACHED EXHIBIT "A"
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
This Easement is granted for the express purpose of providing Grantee temporary
access to Grantor's lands as described above, and for the purpose of storing matedal
and equipment during the construction and installation of public improvements adjacent
thereto. This 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 Easement shall automatically extend to August 31, 2005. Grantee shall
restore the surface of the Easement Area to the condition existing prior to the
commencement of construction adjacent thereto.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed the day and year first above written.
WITNESSES:
FIRST WITNE~ (Signature)
(Print Name)
SECOND WITNESS (Signature)
(Print Name)
BY:
Cadillac Automobile Company of
Boston, a Massachusetts corporation,
f/k/a Chief Pontiac Motor, Inc.
a Massachusetts corporation
Print Name
Title
Page 2
OR: 2559 PG: 2818
STATE OF
COUNTY OF
The foregoing TEI~PORARY CONSTRUCTION E~.~AS. EMENT wa_s_a.c~nowledged
before me this ~.-day of ~__.~_~, 1999, by
(President&Qc~.--~.er~le~t) of Cadillac Automobile
Company of Boston, a Massachusetts corporation, f/k/a Chief Pontiac Motor, Inc., a
Massachusetts corporation. He/,,~:~e is personally known to me or who has produced
as identification.
(Affix notadal seal)
(Signature of Nota~)
(Print Name of Notary)
Commission #
My Commission Expires:
*** OR: 2559 ?G: 2819
EXHIBIT "A"
Parcel 102 AT
The East 64 feet of the West 288 feet of the South 55 feet of lhe Nodh 130 feet of Tract
16, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public
Records of Collier County, Florida.
Parcel 102 BT
The Nodh 40 feet of the South 55 feet of the West 30 feet of the East 60 feet of Tract 16,
Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public
Records of Collier County, Florida,
Parcel 104 T
The South 40 feet of the Nodh 335 feet of the East 30 feet of the West 60 feet of Tract 17,
Golden Gate Estates Unit No.4, as recorded In Plat Book 4, Page 79 of the Public
Records of Collier County, Florida.
TO:
FROM:
SUBJECT:
DATE:
INTEROFFICE MEMORANDUM
MAUREEN KENYON
CLERK TO THE BOARD
JEAN JOURDAN, REAL PROPERTY SPECIALIST II
,/
REAL PROPERTY MANAGEMENT DEPARTMENT~
AGENDA ITEM: 16 (B) (1)
APRIL 28, 1998
RESOLUTION 98-107
JUNE 25, 1999
Attached is the following original document for your safe-keeping:
Easement Conveyance for the four laning of Golden Gate Boulevard
between State Road 951 and Wilson Boulevard Project.
OFFICIAL RECORD BOOK 2559 PAGE 2820-2823
Attach~nent as stated
PROJECT: Golden Gate Boulevard
PARCEL: 102, 104
FOLIO: 36760840008, 36760800006
2492767 OR: 2559 PG: 2820i
IIT~ OFYiCE
EASEMENT
THIS EASEMENT, made and entered into this ./__~._~day of
19..¢_~, by CADILLAC AUTOMOBILE COMPANY OF BOSTON. a Massachusetts
corporation, f/ida Chief Pontiac Motor, Inc., a Massachusetts corporation, whose
mailing address is 135 Massachusetts Avenue, Boston, MA 02115, as Grantor
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 ant,'
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. two
perpetual, non-exclusive easements, licenses, and privileges for the purposes
described on Exhibit "A" which may include sidewalk, 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 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
date and year first above written.
Dated: ,, ' ' -" 19 /"
WITNESSES:
(Print Name))
SECOND WITNESS (Signature)
(Pdnt Name)
these presents to be executed the
THIS CONVEYANCE ACCEPTED BY THE
£OARD OF COUt~¥ COMMISSIONERS,
COLLIER COUNTY~ FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. ~
Cadillac Automobile Company of
Boston, a Massachusetts corporation,
f/ida Chief Pontiac Motor, Inc.
a Massachusetts corporation
BY:~
F~nt Name T"'~ 't-'E~ ¢... -F,..,- t. L~'
Title
OR: 2559 PG: 2821
Page 2
STATE OF ~/~/1~ ..~..,~.
COUNTY OF -'~ U~
The foregoing EASEMENT was acknowledged before me this ~'~day of
~, 1999, by ~(Name),
(President--t) of Cadillac Automob~ ~o~a~ of Boston, a
Massachusetts corporation, f/~a Chie~ Pontiac Motor, Inc., a Massachusetts
~ration. He/~ is personally known to me or who has produced
as identification.
.(A~x nS{a~ial seal)
(Signature of No, tfary)
(Print Name of Notary)
Commission #
My Commission Expires:
OR: 2559 PG: 2822
PROJECT NO. 6304
PROJECT PARCEl_ MO. 102
L E_GAL_D_F~~K ELC~I
(NOT A SURVEY)
SDUE - The South 25 feet of the Nodh 75 feet of Tract 16, LESS the
East 30 feel thereof, Golden Gate Estates Unit No. 4, as redorded in Plat
Book 4, Page 79 of the Public Records of Collier County, Florida.
DUE- The South 30 feet of the Nodh 105 feet of Ihe West 30 feet of
Tract 16, Golden Gale Estales Unit No. 4, as recorded in Plat Book 4.
Page 79 of the Public Records of Collier Count. y, Florida.
N~I rH FR___~_ ER fY Lff~E
25 rOOT SIDEWALK, DRAItJAGE,
UTILITY & t~l/~T, EASEMENT (SDUE)
FEET
SCALE: linch = 100 ~eet
-, ',- *** OR: 2559 PG'. 2823'**..
PROJECT I"lO. 63041
PROJECT PARCEL f JO. 104
L.F-.GAL_D~E_S_OEIP_ILQN_&_SAEI_C H
(NOT A SURFEd
DUE - The Souih 15 feet of the Nodh 65 feet of the East 150 feet of Tract
17, Golden Gale Estates Unit No. 4, as recorded in Plat Book 4, Page 79
of the Public Records of Collier County, Florida.
SDUE - Tile South 25 feet of tho North 75 feet of the West 180 feet of
Tract 17, LESS Ihe West 30 feet thereof, Golden Gate Estates Unit No.
4, as recorded in Plat Book 4, Page 79 of the Public Records of Collk;r
Courtly, Florida.
· 30El ]OFf.
FEEl' .......................
i_ .... ~5 FOOT Sg;EWALK. [)u,\IH,",.OE' UTiL' ~
ArID MI..I'.;TErlt.JICE E~.SEMEf,IT {DUF~
{)o,~lr lAG6, UIIt. ITY
630FEET
S.O~TH F~OPER fY Lille .~'---'--
SCALE: linch = 1~ leer
TO:
FROM:
DATE:
RE:
INTEROFFICE MEMORANDUm1., ¥
Sue Filson, Administrative Assistant
Board of County Commissioners
Property Specialist I1
Jean
Jourdan,
Real
Real Property Management DepartmenU"
June 7, 1999
Golden Gate Boulevard, Parcel 102 & 104
Project 69031 (Cadillac)
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 owr~er of
the subject parcel of land.
These documents have been reviewed and approved by County Attorney 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: Golden Gate Boulevard
PARCEL NO: 102 & 104
FOLIO: 36760840008,36760800006
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between CADILLAC AUTOMOBILE COMPANY OF
BOSTON, a Massachusetts corporation, f/k/a Chief Pontiac Motor, Inc., a
Massachusetts corporation, (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 two (2) perpetual, non-exclusive easements for
purposes described on Exhibit 'A" which may include drainage, sidewalk, utility and
maintenance purposes over, under, upon and across the lands described in Exhibit 'W'
(said easement hereinafter referred to as the "Properly"), 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
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 is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
Owner shall convey the Property to Purchaser and in exchange for said Property
Purchaser will construct three (3) driveway entrances which are described in
Exhibit "B" attached hereto and made a part of this Agreement. The construction
cost of said driveway entrances shall be borne by the Purchaser and deemed as
full compensation for the Property conveyed, including all landscaping, trees,
shrubs, improvements, and fixtures located
resulting to Owner's remaining lands, and for all
conveyance of said Property to Purchaser.
thereon, and for any damages
other damages in connection with
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 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.
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, propedy
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.
4. Conveyance of the Property by Owner is contingent upon no other provisions.
conditions, or premises other than those so stated above; and the writter~
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.
Easement Agreement
Page 2
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 this
Agreement is subject to 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 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 Properly
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 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 sun.,ive
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, Flodda. 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 modgage(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 shall inure to the benefit of
and be binding upon the padies 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 Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a wdtten 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.
Easement Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ._~ay of ~ ., 19._~. ;,
Date Property acquisition approved by BCC:
AS TO PURCHASER:
AT~,E ST,~,.).~ v,:'
.DWIOHT,'E;. E~RQCK, Clerk
, :, ,:-~~, ';: ,.., ~. ;..-..
· .J' . t. ... ,~:'
Z.z2- .~-'. 'fl ../~DeFuty Clerk
s Ig~aturl 0~15.
AS TO OWNER:
DATED: ,,¢4,d'-/'/? /¢ 99
Name:~~.~
(Pdnt or Type)
Witness (Signature)
Name:~.%~
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:pa~
Cadillac Automobile Company of
Boston, a Massachusetts corporation
f/k/a Chief Pontiac Motor, Inc.
Print Name .~
Approved as to form and
legal sufficiency:
Assistant County Attorney
PROJECT NO. 63041
PROJECT PARCEL NO. 102
LE_GALD_ E,S__C~I PTI C)_l'J_&_8_l~ ET_Q Iff
(NOT A SURVEY)
SDUE - The South 25 feet of the Nodh 75 feet of Tract 16, LESS the
East 30 feet thereof, Golden Gate Estates Unit No. 4, as redorded in Plat
Book 4, Page 79 of the Public Records of Collier County, Florida.
DUE- The South 30 feet of the North 105 feet of the West 30 feet of
Tract 16, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4,
Page 79 of the Public Records of Collier County, Florida.
~ X ~ ORAIIJAGE.UTILI'[y
25 FOOT SIDEWALK, DPAIN~AGE.
tJlfllfY & MA;hIT EASEMEflT (SDUE)
WEST PROPER f r LIHf:
E,~T PROPE~4TY LIHE
630 FEET
sour.
I
I
I
I
i
I
I
i
, SCALE: I inch · I00 leel j
PROJECT NO. 63041
PROJECT PARCEL NO. 104
LE_GAI._D_E~CRIP_T_IQN & SI~ET~C[-I
(NOT A SURVEY)
DUE - The South 15 feet of the Nodh 65 feet of the East 150 feet of Tract
17, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79
of the Public Records of Collier County, Florida.
SDUE - The South 25 feet of the Nodh 75 feet of the West 180 feet of
Tract 17, LESS the West 30 feet thereof, Golden Gate Estates Unit No.
4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier
County, Florida.
IK:)qqTH PROPER rY LltiE
[E:qS T I't~ 50 FT' P'/W ElSE {E h'T}
..... ,; ;i T ..... .-. : :. .-. ;.'. .: ;.'. r .'.'. .: .'. - ................................
' 25 FOOT SIDEWALK.
DRAItlAGE, UTILITY Arid
h~AItlTE/~'~ICE EASEI,~ENT (SDUE)
N
PROPERTY Lille EAS)) PROPERTY
630 FEE)'
SOUTH PROPERPI LIt~
I
IFT~
I
SCALE: 1 inch ~ 100 f~t
¢~ -- r ...... ~,71 t~ Y I +si~
s ' 211l,~~ ~v[,l ' I ~J
c~" g - I I 'il ~ ~
PROdECT: GOLDEN GATE BOULEVARD PROdECT No. 63041
TITLE: CADILLAC POPERTY OWNER DRA~ BY: TR BOARD OF COUN~ CO~x~4tSSIONEF
C~LJER C~N~, FLORIDA
PARCEL NO 102 DATE: 10/7/98 PuBuc ~RKS ENGINEERING DEPARt[NJ
(DRI~WAY LOCATION) SCALE: 1" = 50' 35ol E.
GOLDEN GAT£
I
2-14'x25' [~C.,o
STA. 17+20.05
OfF.SE I':
CO9~C. TR N"F1C
S~PAJRATOR ~ IV
BOULEVARD
¸00
t8+18.05
4-8.00 L
/
.?/ lg+00
1 B+ 57.55
/ 11.00 R
315'
8' S~DEWN.,K J
/
25' SIDEWALK. DRNHAC[, J
U]~uTIr, AND ~NNTENA~CE
"^-%_
S'fx. 9+03,8,.t
Olrt':Sl~ T 11,00'
ST,&. 8+81,00
0~FS[T II,00
I
C/L C~OILLAC
ENT~AtIC~
i I
48.00 24'~
CURB & C;ui'rT.R
ST A'nON 84'60.00
CUT AHD I,,/ATCH EXIST.
PAV[ME'N f.
COHST DRI'V[WAY
(s~[ FDOT NO
FOR DETAILS)
TEMPORARy
EXHIBIT. "A- 2"
PROJECT: GOLDEN GATE BOULEVARD---J PROdECT No. 63041
~ADILLA-~'"~'-'P--0-PE~ ~ --I DR--~BY.-T'- ~ 'J BOARD OF COUNTY COUk41SSI'
PARCEL NO 102 I ~7/9-'~-~-- "l COUJE::R COUNTY p..o~ux '
:-..;..,-;7;.-. '2'"
(DRIVEWAY LOCATIO.N). I . 0 _ '
SCAL£:_._I' _-
EXHIBIT: B-2: 4I.TFP~q~TIVF A ~ ~-'TFFFT'~T~ ~' ~ ~'1
Parcel 102 AT
The East 64 feet of the West 288 feet of the South 55 feet of the Nodh 130 feet of Tree!
16, Golden Gate Estates Unit No.4, as recorded In Plat Book 4, Page 79 of lhe Pubh{:
Records of Collier County, Florida.
Parcel 102 BT
The Nodh 40 feet of the South 55 feet of the West 30 feet of the East 60 feel of Tracl
Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of Ihe Public
Records of Collier County, Florida.
Parcel 104 T
The South 40 feet of the Nodh 335 feet of the East 30 feet of the West 60 feet of Tracl 17,
Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public
Records o1' Collier County, Florida.