Parcel 112TO:
FROM:
DATE:
RE:
RECEIVED
AUG 3 I 1999
INTEROFFICE MEMORANDUM
~4~a~'d of C'0unt.~ 6ee~lsslon~,$
Sue Filson, Administrative Assistant
Board of County Commissioners
Jean Jourdan, Real Property Specialist ..--. -
Reel Property Management Department
August 30, 1999
Golden Gate Boulevard, Parcel 112
Project 63041 (Muirhead)
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 99-222,
dated April 27, 1999.
Once the Agreement has been executed, please forward same to EIlie 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: Golden Gate Boulevard
PARCEL: 112
FOLIO: 36762600000
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between, THERESA MUIRHEAD AND LARRY K.
MUIRHEAD, SR., 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, utility and maintenance 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~rein by reference;
WHEREAS, the Purchaser requires a perpetual, nor~.e, xclusive Temporary
Driveway Restoration Easement over, under, upon and across the lands, for
reconstructing the driveway, 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 Temporary
Driveway Restoration Easement to the Purchaser for the stated purposes, on the terms
and conditions set forth herein;
WHEREAS, the Owner desires to be compensated for the Easement and the
Temporary Driveway Restoration Easement, as well as any, improvements located
thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the Easement and the Temporary Driveway Restoration Easement (hereinafter
collectively referred to as "Properties") and for the improvements, over, under, upon,
and across the Propedies.
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
$ 8,000.00, broken down as follows:
Easement $ 1,600.00
Temporary Driveway Restoration Easement $ 100.00
Improvements (If any) $ 6,300.00
TOTAL: $ 8,000.00
Page 2
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 Ow~er'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 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 indefinitely, 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 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 Temporary Driveway Restoration Easement, shall be
provided to Purchaser on or before the date of closing.
5. 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, undedakings, 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 Properties and all uses of the Propedies
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.
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 or~ 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.
Page 3
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 Propedies in the form of a partnership, limited
padnership, corporation, trust or any form of representative capacity whatsoever for
ethers, Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person ilaving 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.)
12. This Agreement is governed and construed in accordance with the
laws of the State of Florida.
IN CWITNESS WHEREOF, the padies..hereto have executed this Agreement on
this ~[ ~' day of_ ~'!l'.~!j~ , 19,'i'! .
.]
Dated Project/Acquisition Approved by
BCC: 4-28-98
Dated Project/Condemnatir,n Approved by
AS TO PURCHASER:
DATED:_ '/~;.i i":' 1:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
s!¢n~tur~
Page 4
AS TO OWNER:
DATED: .¢-/'-/'2
Name: ~/1~//~/; ~'~
(Prin~ ¢ type) //~
witnesst(Sig~ature)
Name: '0.c;~.).¢. r 9~4~.fA,_
(Print or Type)
Theresa Muirhead z- - -
Witness ¢¢Sign~tu re)CfZ
Name:
(Print br/T'y pe)
Witness (Signature)
Name: .~-,'~
(Print'or Type)
Larry K. Muirhead, Sr.
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
PI:b, OJ ECT NO. 63041
PROJECT PARCEL NO. 112
--- EX~IiBIT
LgGAL_QgSC RIPTION A_~J::~TC H
(NOT A SURVEY)
The South 15 feet of the North 65 feet of Tract 48, Golden Gate Estates
Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of
Collier County, Florida.
.._YjEST ?ROPERTY£~JtF__ ~ )
330FEET
N
Project: Golden Gate Boulevard
Parcel: 112
Folio: 36762600000
EXHIBIT "B"
The West 30 feet of the East 105 feet of the South 20 feet of the Nod. h 85
feet of Tract 48, Golden Gate Estates Unit No. 4, as recorded in Plat Book
4, Page 79 of the Public Records of Collier County, Florida.
Memorandum
To:
From:
Date:
Subject:
MAUREEN KENYON, CLERK OF THE BOARD
JEAN JOURDAN, SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT DE~E~,T '
OCTOBER 29, 1999
AGENDA ITEMS: 8 (B) (4)
APRIL 27, 1999
ATTACHED ARE THE FOLLOWING ORIGINAL DOCUMENTS FOR YOUR SAFE-
KEEPING ACQUIRED FOR TIIE FOUR LANING OF GOLDEN GATE BOULEVARD
BETWEEN STATE ROAD 951 AND WILSON BOULEVARD.
OFFICIAL RECORD BOOK & PAGE NUMBER:
2595/630-632
2595/634-636
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: 63041 (Golden Gate Blvd.)
PARCEL: 112
FOLIO: 3676260000
2535542 OR: 2595 PG: 0630
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THIS EASEMENT granted this .' .i dayof ,~/' .: ,19[ ~',by
THERESA MUIRHEAD, and LARRY K. MUIRHEAD, SR., her husband, 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
($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 (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 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 ddveway and the newly constructed road, sidewalk, and drainage
improvements on Golden Gate Boulevard. 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 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 NOT HOMESTEAD PROPERTY
Page 2
OR: 2595 PG: 0631
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed the day and year first above wdtten.
WITNESSES:
Witnes~'('Signature)
Name: ~ ,dxo,z ~ [" -~\x)~_ ./"~
(Print'Or T-ype)
Witnes'~ '(Signature)
Name: 'D..u'~, ,~ ~5.
(Pdnt tor Type)
La~. I~luirhead, Sr.
STATE OF" ~
COUNTY OF ~/~/~ c
The foregoing Temporary Driveway Restoration Easement was acknowledged
before me this I .~. day of ,~/~ ,'/ , 1999, by Theresa Muirhead,.who is personally"'-,
known to me or who has produced as identification,'-
(affix notarial seal)
(Signatu ,r~'of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
OR: 2595 PG: 0632
Page 3
STATEOF ,,_~
COUNTY O F..~.
The foregoin~l Temporary Ddveway Restoration Easement was acknowledged before
me this _j_~.~_ day of ~, 1999, by Larry K. Muirhead, Sr., Who is personally
known to me ~)r'who has produced as identification, '
(affix notarial seal)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
OR:
2595 PG:
0633 *** '
Project' Golden Gate Boulevard
Parcel: 112
Folio: 36762600000
EXHIBIT "A"
The West 30 feet of the East 105 feet of the South 20 feet of the North 85
feet of Tract 48, Golden Gate Estates Unit No. 4, as recorded in Plat Book
4, Page 79 of the Public Records of Collier County, Florida.
PROJECT: 63041 (G. G. Blvd.)
PARCEL: 112
FOLIO: 36762600000
EASEMENT
2535543 OR: 2595 PG: 0634
THIS EASEMENT, made and entered into this ~ ..i day of f ;!,: :
19' ~'1, by THERESA MUIRHEAD AND LARRY K. MUIRHEAD, SR., her husband,
whose mailing address is 3700 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 its 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-exclusive easement, license, and privilege for drainage, utility and
maintenance purposes, on the following described lands located in Collier County,
Flodda, 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 dght 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 the lands described
above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
WITNESSES:
Wit~es~ (~natu~)
(Print or '~pe) '
Witness ~;ign~ture')
Na me.'~'~-,~,(' ~.%~,~, %~-'~
(Print Or Type)
Theresa Muirhead
OR: 2595 PG:
0635
Name:~
WitnesS (Signature)
Name:~
(Print' or Type)
Larry K. Muirhead, Sr.
STATE OF fL ~,"~ ~' ~/P
COUNTY OF_~-~'~ ~
The foregoing Easement was acknowledged before me this ~ day of
~, 1999, by Theresa Muirhead, ',~'i's- P~s°~a~-k~to me or who has
produd, ed as identification. ' -
(affix notarial seal)
(Signature/of Notary Public)
V
Ii.
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:.
My Commission Expires:
STATE O F.,~'L~'&,
COUNTY
The foregoing Easement was acknowledged before me this__/~;/' day of ~_~~,
1999, by Larry K. Muirhead, Sr.{Who is personally known to m%~,or who has produced
as id e nti"fi-~i~ r~.'
(affix notarial seal)
(Signatur~of Notary Public)
(Pdnt Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
'PROJECT NO. 63041
PROJECT PARCEL NO. 112
*** OR: 2595
PG: 0636
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The South 15 feet of the North 65 feet of Tract 48, Golden Gate Estates
Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of
Collier County, Florida.
NORTH PROPERTY LINE
(EXISTING 50 FT. R/W EASEMENT)
/
AND MAINTENANCE EASEMENT
W~ST PROPERTY LINE
330 FEET
SOUTH PROPERTY LINE
(GOLDEN GATE BLVD )
l E×tSTiNG R;~ LINE
N