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Parcel 139TO: FROM: INTEROFFICE MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Jean Jourdan, Real Property Specialist II ..-, ..~ Real Property Management Department / DATE: July 27, 1999 JUL 2 8 1999 RE: Golden Gate Boulevard, Parcel 139 Project 63041 (Mikelson) Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that the document has been reviewed and approved by the County Attorney's Office. The Board of County Commissioner of Collier County, Florida approved the acquisition by gift or purchase 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. The Board of County Commissioners of Collier County, Florida approved acquisition by gift, purchase or condemnation pursuant to Resolution 99-220, dated April 27, 1999. 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. If you have any questions regarding this matter, please contact me at 774-8991. Thank You. Attachment: PROJECT: (G. G Blvd.) PARCEL: t39 FOLIO: 36860080001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between Daniel J. Mikelson and Patrice B. Mikelson, 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, 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 ~ncorporated 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 fodh herein; WHEREAS, the Owner desires to be compensated for the Propedies 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 ther6o~ Purchaser agrees that Purchaser's contractor will push onto remainder Properly any pad of the existing "Berm" located on the Property which may conflict with Purchaser's proposed improvements. 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 Propedies in exchan9e for the sum of $800.00, broken down as follows: Easement Temporary Driveway Restoration Easement $ 700,00 $ 100.00 TOTAL: $ 800.00 ()wrier accepts the above compensation as full payment for the Properbes. and for al! landscapinq. 'rees. shrubs, ~mprovoments 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 ~n connection v,.,rth the conveyance of said Properties to Purchaser 2 Purchaser shall pay Owrte~ by County V',;arrar~t This Agreement shall be null and void. and of no furlher force o, effect. unless closing shall occur within n ne y (90') days from the date Purchaser executes this Agreement; prowded: however, that Purghaser shall have lhe un4aterai rirjht to extend the term of this Agreement, pending receipt of ali properiy executed ;nstrumenls affecting Purchaser's enjoyment of the Properties At closin.c!. Purchaser silall deliv¢:r the Count')., Warrant to Owner and Owner sha~ dehver the Properties to Purchaser ;n ap instrument acceptable to Purchaser 4 Prior to ,h~ closing. Owner shall obtain from ih~ ho,tiers el any ¢~nd all liens, encumbrances, exceptions, or qdalificahons m and to the Easement. the execution of such instruments that wdl, upon their recordinq in the Public Records of Colher County. Florida, clear ,-]ny and all encumbrances from the Easement Such instruments. ~ncludlng the TDRE. shah r:,e [)revealed to Purchaser on r)r hrefore th¢~ date of closing 5. Owner ~s aware an{] t~nderstands th4it thf: "offer" t(~ [,urchasr) repr~sented by th~s Agreement ~s subject h) acceptan(:~'¢ rind al)i)rr)vz]l f)y thr~ Board Cou,lty Commissioners of Colher County. F IorKla 6 Owner represents that the Properbes and ;tll uses of the Properties have been and presently are ~n ~:omDllance with all Federal..State and environmental laws. thai no hazardous substances have ~)oeF, (]en[:rated. treated or transferred on the Propefl~es except as speoflcally (hsclosed lo Purchaser: that the Owner has no knowledge of any spill or environmental law wolat~on on any properly COntigUOUS to or ~n the vionity of the Propedies to be sold lo the Purchaser. that the Owner has not received notice and othe~ise has no knowledge of a) any spill on the Propemes. h) any existing or threatened environmental lien against the Propedies or c) any lawsud, proceeding or ~nvest~gation re[~arding the generabon. storage, treatment, spill or transfer of hazardous substances on lhe Pro~emes Th~s prowsion shall sunaire closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemmfy, defend, save and hold harmless the Purchaser against and from. and to reimburse the Purchaser with respect to, any and ail damages. claims. Iiabilibes. laws. costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in coud, out of coud, in bar~kruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asseded against the Purchaser by reason or ans~ng out of the breach of Owner's representahon unde, Section 6. This provis~on shall su~lve closing and is not deemert 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. All other costs associated with this transaction including but not limited to transfer, documenta~ and intangible taxes, and recording costs for any curahve ~nslruments shall be borne and paid by Owner Owner shall be responsible for paying any costs and/or fees associated with the s,]cunng and recording a Subord~nahon. Consent & Joinder of Easement of the modgage(s} recorded against the Easemenl from the modgageels) This Agreement and the lerms and provisions hereof shall be effective as of the date this Agreement ~s executed by both padies and shall inure to the behest of and be b~nding upon the padies hereto and their respective heirs, executors, personal representabves, successors, successor trustees, and/or assignees, whenever the context so requires or admits 10. tf lhe Owner hokJs the Propemes ~n the form of a padnershlp, limited paAnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written pubhc disclosure, according to Chapter 286. Florida Statutes. under oath. of the name and address of every pe, son having a beneficial ~nterest ~n the Propedies before the Propedies held in such capacity is conveyed to Purchaser. its successors andass~(]ns (If the corporation is registered with the Federal Securities Exchange Comm~sg~on 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 Properbes. or any interest in [he Prope,"ties. 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 Agreemont and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undedakings, promises. warranties, or covenants not contained herein. 12. Th~s 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,:,CzC,ZC;~day of_ i~..~/ ........ 19~ . Dated Project/Condemnation Approved by BCC: 4;27199 Dated Pro]ect/Ac'qui:~t i,~r~ At~pr,,v,:d F,C(~: 4/28/98 16 (F~)( i ) AS TO PURCHASER: DATED: ,~.,z,~, 7~,~_ ATTEST: DWIGHT E. BROCK. Clerk ~E'~" /z/~/~,~',4~E~eputy Clerk '- As TO OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER..~UNTY, FLORIDA , / Pamela S. Mac'Kie, Chairwoman ,~ttest .*~ to signature ~1.~. DATED:. "7' Wit n,~s (Signatu~) Name ,~"~. ~T:. (Print or Type) Daniel J. Mikelsdn 1755 55'~ Street Sw Naples, FL 34116 V~itnes~_ic~natUre) Z - Name( ~,:,¢'z ~' ?' ~__Z__~.' ~," /' (Print ¢'Type) - i§nature) Name:,,~'~.,,T.. ~ ~,,--, J~,. (Print or Type) W, ff'~ess~ig~naiL~re) , ---- (~rinl/or Type)-- - Patrice B. Mikelson 1755 55'" Street Sw Naples. FL 34116 PROJECT NO. 63041 PROJECT PARCEL NO. 139 LP._GAL DESCRIPTION & $KBZCJ:::[ (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 150 feet of Tract I. Golden Gate Estates UnitI,lo 6, as recorded in Plat Book 4, the Public Records of Co!!ier County, Florida. :~6,'98 3 50 PM PROJECT: GOLDEN GATE BLVD. PARCEL: 139 TEMPORARY DRIVEWAY RESTORATION EASEMENT THE WEST 30 FEET OF THE EAST 73 FEET OF THE NORTH 10 FEET OF THE SOUTH 75 FEET OF THE EAST 150 FEET OF TRACT 1. GOLDEN GATE ESTATES UNIT NO. 6, AS RECORDED IN PLAT BOOK 4, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Memorandum To: From: Date: Re: MAUREEN KENYON, CLERK OFTHEBOARD JOURDAN, SENIOR SPECIALIST REAL NOVEMBER22,1090 Resolution 99-220, dated April 27, 1999 ATTACIIED ,\RE TIlE FOI.I,OWING ORIGINAL DOCUMENTS FOR YOUR SAFE- KEEPING COMPRISING OF TWO (2) EASEMENTS ACQUIRED FOR TIlE FOUR I,ANING OF GOI.DEN GATE BOUI,EVARD BETWEEN STATE ROAD 951 AND WII.SON BOUI.EVARD. OFFICIAl, RECORI) BOOK& PAGE NUMBER: 2594/2100-2102 2594/2096-2099 REA L PR OPER TY MA NAG EMEN T DEPA R TMEN T ~ i PROJECT: Golden Gate Blvd. PARCEL: 139 FOLIO: 36860080001 ~IAL flOfll?T EASEMENT THIS EASEMENT, made and entered into this 2f ~'' day of 19 ?~, by DANIEL J. MIKELSON ANB PATRICE B. MIKELSON, husband and wife, whose mailing address is 1755 55"' Street SW., Naples, FL 34116, 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, 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 resen/ations of record. THIS IS NON 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 lhe lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. AS TO OWNER' Witr/~s (Signature_.) Name:" v /.~.~ ~_~~, ~ ~ (Print o!-.Type) :. (PrinYor Type) 1755 55"' Street SW Naples, FI 34116 ( '.':'?~c'.', , ~or.nA, PUk3~/,r~l lO THE PROVI~IONS._~ _._ OF RESOLUTION ~0.~- - Page 2 Name: ~22. ~ STATE OF FI,3,~, ~,,N COUNTY OF (_.~,.,., Patrice B. Mikelson 1755 55"' Street SW Naples, FL 34116 The foregoing Easement was acknowledged before me this '2f ~'-day of .'3'-,¢ ~¢____, 1999, by Daniel J. Mikelson who is personally known to me or who has produced ~. ~.. as identification. (afl'ix notarial seal) ~ (Print Name of Notary Public) · NOTARY PUBLIC Serial/Commission #:~ ~ My Commission Expir~J~~%'~',~c STATE OF ~/O,t-~of~ COUNTY OF ~. i ~, ~ ¢~. The foregoing Easement was acknowledged before me this Z~ ~'" day of %?_~..~_._~._, 1999, by Patrice B. Mikelson who is personally known to me or who has produced ~ L . ~. ~- as identification. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:~ My Commission Expir~i~~ Propered by' .~- ~ ~. -- Robert N. Zacl~ary, E~qulre Office of the County Attorney 3301 East Tamlaml Trail Naples, Florida 34112 {941) 774-8400 · PROJECT NO, 630~jjl PROJECT PARCEL NO. 139 * OR: 2594 PG: 2102 LF-~A~ (NOT A SURVEY) The Nodh 15 feet of the South 65 feet of the East 150 feet of Tract 1, GoIden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. V,'[$ f PROPERT7 LlftE IGOLBE,'i GATE 8LVO } 150 FEET ~ 15 FOOT DRAINAGE. UTILITY k~ AtqO MAINTENAI'ICE EASEMENT (EXISTI~IG ~0 FT. R/W EASEMEtlt') SCALE: 1 I~:h · 100 feel COI~ Count/Real Proper~ t,,'lanag em~ nl Deparlmen! PROJECT: 63041 (Golden Gate Blvd.) PARCEL: 139 FOLIO: 36860080001 25347 OR: 2594 PG: 2096 letu: TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENT granted this ~ ~ day of ~'u~., , 19.~/"=1 , by DANIEL J. MIKELSON and PATRICE B. MIKELSON, husband and wife, as Grantor, to COLLIER COUNTY, 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 (S10.00) 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 purposes(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 improvemonts 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 effods to restore the existing landscaping, plantings and light fixtures within the Easement Aroa to its original condition. Grantor and Grantee are used for singular or plural, as the context requires. THIS IS NOT HOMESTEAD PROPERTY Page 2 OR: 2594 IN WITNESS WHEREOF, the GRANTOR has executed the day and year first above written. caused these presents to be WITNESSES: (Print or Type) (Print,dr Type) ignature) Name: /"k2. ~T. 7~,¢//'~,;,~ .J~. (Print or Type) (Print,~r Type) STATE OF COUNTY OF 1755 55'h Street SW Naples, FI 34116 Patrice B. Mikelson 1755 55'~ Street SW. Naples, FL 34116 The foregoing Temporary Driveway Restoration Easement was acknowledged before me this ~.~ ~" day of~, 1999, by Daniel J. Mikelson, who is personally known to me or who has produced __Ft.. ~ as identification. affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public}$;t~, NOTARY PUBLIC Serial/Commission #: My Commission Expires: Page 3 STATE OF COUNTY 2594 The foregoing Temporary Driveway Restoration Easement was acknowledged before me this ?~ ~ day of 3. i ¢_._, 1999, by Patrice B. Mikelson, who is personally known to me or who has produced ~~ as identification. (affix notarial seal) (Print Name of Notary PuJ;~cL NOTARY PUBLIC Serial/Commission #:~ My Commission Expires: Prepared by: { %~ ~_ ,/'~" Robert N. Zachary, Esquire Office of the County Att~ney 3301 East Tamlaml Trail Naples, Florida 34112 (941) 774-8400 PROJECT: GOLDEN GATE BLVD. PARCEL: 139 TEMPORARY DRIVEWAY RESTORATION EASEMENT THE WEST 30 FEET OF THE EAST 73 FEET OF THE NORTH 10 FEET OF THE SOUTH 75 FEET OF THE EAST 150 FEET OF TRACT 1, GOLDEN GATE ESTATES UNIT NO. 6, AS RECORDED IN PLAT BOOK 4, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.