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Parcel 125 RECEIVED ~ard of ¢ount~ CoeafS$1oner$ INTER©FFICE MEMORanDUM TO: FROM: DATE' Sue Filson, Administrative Assistant Board of County Commissioners Jean Jourdan, Real Property Specialist'.. Real Properly Management Depart.men? October 6, 1999 RE: Golden Gate Boulevard, Parcel 125 Project 63041 (Samples) Attached you will find an 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 Commissioners approved the acquisitions 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 acquisitions by gift, purchase or condemnation pursuant to Resolution 99-220, Agenda item 8 B. 4., dated April 27, 1999 Once the Agreements have 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: Golden Gate Boulevard PARCEL: 125 FOLIO: 36715160005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered Into by and between DONNA L. SAMPLES FIK/A DONNA L, HOWARD, a married woman, jolned by her husband JEFFREY A. SAMPLES (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdlvlsion of the State of Florida, its successors and assigns (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires two (2) perpetual, non-exclusive easements one (1) for sidewalk, utility, drainage and maintenance purposes and one (1) for drainage, utility and maintenance purposes (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 "Propedies") 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 Propedies 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 5,800.00, broken down as follows: Easement Improvements Driveway Restoration Easement Severance Damages $ 2,400.00 $1,300.00 $ 100.00 $ 2,000.00 TOTAL: $ 5,800.00 Owner accepts the above compensation as full payment for the Propedies, and for all landscaping, trees, shrubs, improvements and fixtures located thereon, and for any damages resulting to the remainder, if tess 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. Page 2 3. This Agreement shall be null and void, and of no fudher force 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 propedy executed instruments affecting Purchaser's enjoyment of the Properties, At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Propedies to Purchaser in an instrument acceptable to Purchaser. 4. Prior to the closing, Owner shall obtain from the holders of 3ny 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, Flodda. 6. Owner represents that the Propedies 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 Propedies except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any properly 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. 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). The cost of a title commitment shall be paid by tile Purchaser. 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, Flodda 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 WHEREOF, the parties hereto have executed this Agreement on this _~7,.3~,. day of C'~,,~_~_ ,190,et, . Dated ProjectJAcquisition Approved by BCC: -.~ Dated Project/Condemnation Approved by BCC: 4-27-99 Res. No. 99-220 AS TO PURCHASER: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Attest as to Chatr~'s signature AS TO OWNER: DATED: Name:· ~0,~ ,,~ E'~  <Pri~:~r,Type) (¢RRt or Type) Witness (Signature) Name: (Print or Type) Wit~ess (Signature) (Print or Type) Approved as to form and legal sufficiency: Rober~ Za~chery Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLI ER ~,C~OUNTY, FLORIDA Pa~nela S. Mac'Kie. Ch&irw,~man Donna L. Samples f/Ida Donna L. Howard PR'~JJECT NO. 6304 PR~JECT.PARCEL NO. 125~ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 88, LESS the East 90 feet Ihereof, Golden Gate Estates Unit No. 3, as recorded In Plat Book 4, Page 77 of the Public Records of Collier County, Florida. The Nodh 25 feet of the South 75 feet of the East 90 feet of Tract 88, Golden Gate Estates Unit No. 3, as recorded In Plat Book 4, Page 77 of the Public Records of Collier County, Florida. WEST P/~IJOERTY LI~IE EXJ$1'ItlG ~ LltlE _ NORTH pRgPERTT LINE,.~ 3~ FEET ,/ ~. E.~$T PROPERI'~ LIN_E 25 FOOT S~EWALK, DF~.II'IAGE. UTILITY ANO M~INTENN~tCE EASEMENT (SOUE) ~ !5 FOOT D~INAGE, UTILITY AND J · '.7;.......! ...... (E~STING ~ FT. ~ ~SE~NT) G~N GATE ~. S~TH PRIER. LINE ~ PROJECT: Golden Gate Boulevard PARCEL: 125 T FOLIO: 30715160005 TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SUR'VE'O The East 30 feet of the West 183 feet of the Nodh 15 feet ot' the South 80 feet of Tract 88, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. TO: FROM: DATE: SUBJECT: Memorandum NOVEMBER 17, 1999 AGENDA ITEMS: 8 (B) (4) APRIL 27, 1999 ATTACtlED ARE TIlE FOLLOWING ORIGINAL DOCUMENTS FOR YOUR SAFE- KEEPING COMPRISING OF TWO (2) EASEMENTS ACQUIRED FOR TIIE FOUR LANING OF GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND WILSON BOULEVARD. OFFICIAL RECORD BOOK & PAGE NUMBER: 2601/2988-2990 2601/2991-2993 cc: A.N. Kohl, Project Manager, Public Works Engineering Department Collier County Property Appraiser's Office Contractors File REAL PROPER TY MANAGEMENT DEPARTMENT PROJECT: Golden Gate Boulevard PARCEL: 125 FOLIO: 36715160005 t5 3.01 EASEMENT THIS EASEMENT, made and entered into this ~.~,~' day of 19 ~__~, by DONNA k. SAMPLES F/K]A DONNA L. HOWARD, A MARRIED WOMAN. JOINED BY HER HUSBAND JEFFREY A. SAMPLES whose mailing address is 3475 Golden Gate Boulevard West, 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.) 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, two (2) perpetual, non-exclusive easements, licenses, and privileges for 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 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 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 these presents to be executed the date and year first above written. Witness (Signature) (Print or Type) Witness (Signature) Name: (Print or Type) 3475 Golden Gate Blvd. W. Naples, FL 34120 OR: 2601 PG: 2989 Witness (Signature) (Print or Type) Witness (Signature) Name: J/x..t,,C. IC_ SCu~?l,e~ (Print or Type) STATE OF ~,-"a. ,~, O ,,~ COUNTY OF je-fi~ey4/~amples ~' 3475 Golden Gate Blvd. W. Naples, FL 34120 The foregoing Easement was acknowledged before me this ~ day of ~;~, 1999, by Donna L. Samples f/k/a Donna L. Howard, who is personally kno~ to me or who has produced as identification. - - (affix notarial seal) t ,[)i"F :', 'l,t I, % crL', k'r '.~l'J".l. Y,.',T I-Y J I!L'I I.FN C¢)M~: 551(3~; NO. CC57~JI I'~ (S'igna~r~of Nota~ Public) (Print N~,~e of Notary Public) NOTARY PUBLIC Serial/Commission #: C ~-. _~ My Commission Expires: j.,~__.J_~,~,~ ~,~:~, STATE OF ~-/_~.,6 / P COUNTY OF The foregoing Easement was acknowledged before me this .,=2~i'-.-] day of ~, 1999, by Jeffrey A. Samples, who is personally kno..~_w~wn to me or ~vho has pr6duced as identification. ~ (affix notarial seal) Prepared by:/-~--~-~.)'~ "---~ .,--t '" .... Robert N. ZacharY, I~squlre Office of the County Attorney 32~1 East Tamlaml Trail Naples, Florida .34112 (941) 774-84OO (Signat0're-'~f Notary Public) (Print of Notary Public) NOTARY PUBLIC Serial/Commission #:~_¢,__ My Commission Expires: PR.OJECT NO. PROJECT PARCEL NO. 1254 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of Tract 88, LESS the East 90 feet thereof, Golden Gate Estates Unit No. 3, as recorded In Plat Book 4, Page 77 of the Public Records of Colller County, Florida. The North 25 feet of the South 75 feet of the East 90 feet of Tract 88, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Colllej' County, Florida. _ WEST P,~,CPERf'Y LINE ? EXISTING PCcf LINE - NORTH PRQPERTy LI~E 330 FEET 25 FOOT SfOEWALK, DR,~IHAGE, UTIt ITY A~,~O h~AINIENANCE E~SEI~NT [SOUE) 15 FOOT OI':I. AINAGEo UTILITY LINE T SCALE: , , EAST PROPERTY LINE N GOLoEN GATE 'gLVD, PROJECT: Golden Gate Blvd. PARCEL: 125 FOLIO: 36715160005 TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENT granted this ~.~,~o day of .~'~-P/'-' , 1977, by DONNA L. SAMPLES F/K/A DONNA L. HOWARD, A MARRIED WOMAN, JOII;,I'ED BY HER HUSBAND JEFFREY A. SAMPLES 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 inst.rument 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 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 day and year first above written. Witness (Signature) (Print or Type) Witness (Signature) Name: ~-. t A._¢.. ~'~m~ (Print or Type) Donna L. Samples, flI,Ja Donna L. Howard 3475 Golden Gate Blvd. W. Naples, FL 34120 Page 2 Witness (Signature) (Print or Type) Witness (Signature) N a me:~L(~~ (Print or Type) STATE OF......~ ~ ,, ,4 / ~ ,4 COUNTYOF (Zcc~/E~ oOR: 2601 PG: 2992 3475 Golden Gate Blvd. W. Naples, FL 34120 The foregoing Temporary Driveway Restoration Easement was acknowledged before me this ~ day of ~, 1999, by Donna L. Samples, f/IEa Donna L. Howard. who is p. ersona!ty knowrCto me or who has produced as identification. (affix notarial seal) NOTARY PUBLIC Serial/Commission #:~ My Commission Expires: STATE OF__~,- o,~ / o ,4- COUNTY OF ¢_.¢~/~,~-. The foregoing Temporary Driveway Restoration Easement was acknowledged before me this ~ day of~. 1999, by Jeffrey A. Samples, who is personally kn~own to me or who has produced as identification. (affix notarial seal) Prepared b~. ~.. ": ~'~'~ Robort N. Zachar~ Esqu~e Office of the County Att~ney 3301 East Tamlami Tra~ Haplos, Ftorlda ~112 (941) 774-~ NOTARY PUBLIC Serial/Commission My Commission Expires: · · PROJECT: Golden Gate Boulevard PARCEL: 125 T FOLIO: 36715160005 TEMPOP, ARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) The East 30 feet of the West 183 feet of the Nodh 15 feet of the South 80 feet of Tract 88, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records o1' Collier County, Florida. 3301 EAST T.~I~LAJvll TR.A~L NAPLES, FLORiOA 34112