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George & Barbara EllisTO: FROM: DATE: RE: Memorandum EIlie Hoffman Records Technician III Minutes & Records Management Cindy Real Prope~rty Spec(~list Ill Real Property Management Department December 13, 2000 RE: Livingston Road (Golden Gate Parkway to Pine Ridge Road Project#: 60071; Parcel #: 177 Please find attached one (1) original recorded Easement and one (1) original Easement Agreement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 200-447 Agenda Item 8 B 4, dated November 28, 2000, and approved the acquisition by condemnation pursuant to Resolution 2000- 446, Agenda Item 8 B 1, dated November 28, 2000. Please contact me if you have any questions or comments at 8991. Thank you. attachments as stated CC: Mitch Riley, Transportation Engineering & Construction Management w/attachment Tax Appraiser's Office w/attachment Inventory File w/attachment Project's Contractors File w/attachment Office of the Real Property Management Department PROJECT: 60071 PARCEL NO: 177 FOLIO NO.: 38450080008 2722955 OR: 2752 PG: 0210 ~CORDBD in O~[ICIA~ RBCOltDS of COLLIER COUI{T~, [L 12/07/2000 at 11:27AM D~IGHT E, BROCK, CLERK CO~S ~02500.00 COPIES t.00 Rein: RSAL PRO?~RT¥ ~Z~ 8991 I~T~ O~IC~ This property has been acquired under threat of condemnation and is ~empt from documentary stamp tax EASEMENT THIS EASEMENT, made and entered into this /?-~Aday of ~J('~--~)~,~---- , 2000, by GEORGE MEECE ELLIS, JR. AND BARBARA GRANT ELLIS, Husband and Wife, whose mailing address is 7061 Livingston Woods Lane, Naples, Florida 34109, 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, a perpetual, non-exclusive easement, license, and privilege for road right-of-way, 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, and take materials for the purpose of constructing, operating and maintaining road right-of-way, 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. itness (Signature) Name: ~'~,~r:~ ~ ~ (Print or Type) - Wi~ess (signature) Name: (%~c~ ~?. ~ (~rint ~r Type) 'l'NI8 CONVEYANCE APPROVED BY THE BOARD OF COUN'r'v CO~'!MISSIONEI:~, COLLIER C©UNTY, FLORIDA, PURSUANT TO THE PROVISION~ OF RESOLUTION NO..~7 -~'~'~ OR: 2752 PG: 0211 , // V(/itness (Signature) Name: 5'~,v- (Print or Type) Name: (Print o~ Type) Barbara Grant Ellis STATE OF ~'lo&~ ~A COUNTY OF ~ ! !, e r~ The foregoing Easement was acknowledged before me this /2~ day of ...._.~JE ~.~e~L. ,2000 by George Meece Ellis, Jr., who is personally known to me orwho has produced ~'L,~ ~£. [_~(:¢r~Sg as identification. (affix notarial seal) .,,~Ye~,,o C~ndy M. Erb ( '~tU~'~(:~o{ary Public) (Print N,~me of N6tary Public) NOTARY PUBLIC Serial/Commission #: ~, ~ My Commission Expires: ~!~5)~ STATE OF ~'L~ ~,~ ~1 COUNTY OF The foregoing who has produced Easement was acknowledged before me this /,g/Aday of ,2000 by Barbara Grant Ellis, who is personally known to me or A~.,,~ D_O_ ~¢~',~)p',~ as identification. (affix notarial seal) .,,~:,, ~ndy M. Erb -"/_~?~ '.~%~om~, # cc ~ ~,.,~¢~ ~ttc Bondre. ~.. l~. (§ignatu~[ of Notary Public) (Prink-Name/of Notary Public) NOTARY PUBLIC Serial/Commission #: ~ qD My Commission Expires: -~ ~~'<.our, t:¢ Attorney Ellen T., C~adwel 1 P p F w ~o IOJECT ~ ~_~07 / kRCEL / 7 7 )LIO ~8¥~oo~0oo~ P.O.C. / 30.00' Roodwoy Eosement P.O.B. o o I:.XI'11~i I ,(~ _ Page Perpetual, Non-Exdu$ive Road Right-of-Way, Drainage, Utility and Maint. I z TRACT 0 TRACT 2 L2 o o. D [-~ O Co pl~a.%~..c.'T ~o. (~oo'i, I p^~c.~g_ ~o. 1'7'7 OR: 2752 PG: 0212 TRACT 1 0 50 100 SCALE IN FEET 200 TRACT 11 vingston Woods Lone) LINE TABLE L,NE I LENC~THI BEAR,NO L1 13o.00I N89'~2'26"E L2 I 99.61 I s, a9'3F53"w cu.v[ I RADmUSl DELTA IARC LENGTHICHORD BEARINGI CHORO I c~ I~,001 08'31'35" ] 147,g2 J S04'33'15"E I 147.78 [- c~ I ss.oo Iaa'a,'O,"l m.6s I s~a'~o'o~"~ I 7,.~] I TRACT 1 I TRACT 12 I SKETCH AND DESCRIPTION A PORTION OF TRACT 2 GOLDEN GATE ESTATES UNIT NO. .35 TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIERCOUNTY, FLORIDA JOHNSONENGINEERINGINC. E:NGINIrERS, IURVEYORI AND ECOL,OGIS~'B P~IN~A PA/I~, I~Jl~ 1~ ~ ~01.~N GA~ P~q~IItAY? NAJ~ I~(~IOA ~410~, PHQN[ 1941~ 434-0~ 1-00 981318 7-49-26 1' = 100' 1 OF 2 PROdECT -PARCEL *** OR: 2752 PG: 0213 EXHIB Page Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement Description: OF PA~:q.~.t;;L I'1'1 A portion of Tract :2. Golden Gate Estates Unit No..:35 according to the plat thereof os recorded in Plot Book 7, Page 85 of the Public Records of Collier County, Florida, being more particularly described os follows: Commence at the Northwesterly corner of said Tract 2; thence N.B9'32'2§"E. , along the Northerly line of Tract 2 for .30.00 feet; thence S.00'17'27"E. for 174.67 feet, to the POINT OF BEGINNING of the herein described parcel, and the point of curvature of o curve, concave Easterly, having o radius of 994.00 feet and o central angle of 08'31'35"; thence Southerly, along the arc of said curve to the left, for o distance of 147.92 feet said arc subtended by o chord bearing S.04'53'15"E., and a chord distance of 147:78 feet, to o point of intersection with o non-tangent line; thence S.08'08'44"E. for 1.35.76 feet; thence S.06'5.3'04"E. for 124.40 feet, to the point of curvature of o curve, concave Northeasterly, having a radius of 56.00 feet and o central angle of 85'54'04"; thence Southeasterly, (]long the arc of sotd curve to the left, for o distance of feet said arc subtended by o chord beorlng S.48'40'06"E., and o chord distance of 74.63 feet, to o point of cusp; thence $.89'`32'5`3"W. for 99.61 feet; thence N.OO'17'27"W. for 455.29 feet, to the POINT OF BEGINNING; Contolning 10,636.48 square feet or 0.24 acres, more or less. NOTES: 1. THIS IS NOT A SURVEY 2.BEARINGS ARE BASED ON THE WESTERLY LINE OF TRACT 2 AS BEING N00'17'27" 5.SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. 4.NOT VALIO UNLESS ACCOMPANIED BY PAGE 1 OF 2 SHOWING THE SKETCH OF DESCRIPTION AND SIGNED, DATED AND STAMPED, EMBOSSED SURVEYORS SEAL. SKETCH AND DESCRIPTION A PORTION OF TRACT 2 GOLDEN GATE ESTATES UNIT NO. 35 TOWNSHIP 4-9 SOUTH, RANGE 26EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING INC. ENGINElIRa, IURVEYORB AND ECOLOGI~'~ 1-00 981518 7-49-26 NA 2 OF 2 PROJECT: 60071 PARCEL NO: 177 FOLIO NO.: 38450080008 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between GEORGE MEECE ELLIS, JR. AND BARBARA GRANT ELLIS, Husband and Wife, (hereinafter referred to as "Owner"), whose mailing address is 7061 Livingston Woods Lane, Naples, Florida 34109, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for Right-of- Way, Drainage, Utility and Maintenance, over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), 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 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser for the sum of $102,500.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all costs and attorney's fees,otherwise recoverable by Florida law. 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, propedy executed, to Purchaser on or before the date of Closing. 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 conveyance instrument to Purchaser in a form acceptable to Purchaser. 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. Easement Agreement Page 2 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 Property 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. 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 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument 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 Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 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. Conveyance of 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. 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 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 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.) Easement Agreement Page 3 11. 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 / ~ day of ..Z~c/-'-r~/~¢~ ,20 dO . Date Property acquisition approved by BCC: November 23, 1999; Resolution # 99-425 March 14, 2000; Resolution #2000-78 AS TO PURCHASER: DATED:.L~¢.~._~,'~2~r'/. ~ .... ... A'~'~EST. ..'"".:~"..../'D~I..G~T..E. BROCK, Clerk ~ %",.~,~; '~$~.:~. ~~ ,Deputy Clerk ~ ........;,;,s4¢ature BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY~~7~A AS TO OWNER: DATED: ess (Signature,) Name: ,~¢¢,~ ~E (Print or Type) Wit n es~ (S igr~ atu re~ Name: (~¢/~c/ /22, ~ (Prin¢or Type) ~ness (Signature) Name: ~~ ~ ~ (Print or Type) Witness~Signature) Name: ~//~, ~ ~ (Print/or Type) g ' e Ellis, Jr.' Barbara Grant Ellis Approved as to form and lega/~x.ufficiency: Assistant County Attorney o o o /77 P.O.C. .30.00' Roadway Easement P,O.B. o Q Pa~ / _of_ 7_ _ Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement TRACT 5 p^p..c_~c. ~o. 1'77 z TRACT 2 4=- o .p. - L2 TRACT 1 0 0 5O 100 2OO SCALE IN FEET TRACT 11 vingston Woods Lane) LINE TABLE UNE I LENCT.I BEAR,.6 u 130.001 .s9'32'26"E L2 I 99.6~ I Sag'32's3"w I0-. I RADlUS ICURVETABLE DELTA IARC LE.GTHIC. ORO BEAR,NOI C.ORD I c~ 1994.ool o.'~'35" I~4~.92I so~'33'~5"E I ~7.7. I c2 I 56.00 183-34'04"I81.68[ S4B'40'OG"E [ 74,63 I TRACT 1 I TRACT 12 I I SKETCHAND DESCRIPTION A PORTION OF TRACT 2 GOLDEN GATE ESTATES UNIT NO. 55 TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 1-OO JOHNSON ENGINEERING, INC. ENGINEERS. IURVEYORI AND ECOLOGISTS g8131B 7-49-26 1" - 100' 1 OF 2 PAI~.c~ L- k~o. PROdECT -PARCEL FOLIO EXHIBIT Page r_____of Perpetual, Non-Exclusive Road Right-of-Way, Drainage, Utility and Maint. Easement Description: 01= PARC.(;L I'T9 A portion of Tract 2, Golden Gate Estates Unit No..35 according to the plot thereof os recorded in Plot Book 7, Page 85 of the Public Records of Collier County, Florida, being more particularly described os follows: Commence at the Northwesterly corner of said Tract 2; thence N.89'52'26"E. , oloncj the Northerly line of Tract 2 for .30.00 feet; thence S.00'17'27"E. for 174.67 feet, to the POINT OF BEGINNINC of the herein described parcel, end the point of curvature of o curve, concave Easterly, hovlng o rodlus of 994.00 feet end o central on(~le of 08'`31'55"; thence Southerly, along the arc of said curve to the left, for o dlstonce of 147.92 feet sold arc subtended by o chord bearing S.04'55'15"E., end o chord dlstonce of 147:78 feet, to o point of intersection with o non-tangent line; thence S.08'08'~.4"E. for 155.76 feet; thence S.06°55'0~."E. for 124.40 feet, to the point of curvature of o curve, concave Northeasterly, having o radius of 56.00 feet end o centroI angie of §5'5a,'04"; thence Southeasterly, along the arc of said curve [o the left, for o distance of 81.68 feet said arc subtended by o chord beorln(j $.48'40'06"E., end a chord distance of 74.65 feet, to o point of cusp; thence S.89'.32'55"W. for 99.61 feet; thence N.OO'17'27"W. for 455.29 feet, to the POINT OF BEGINNING; Contolning 10,6.36.48 square feet or 0.24 ocres, more or less. NOTES: 1. THIS IS NOT A SURVEY 2. BEARINGS ARE BASED ON THE WESTERLY LINE 3. SUBJECT TO EASEMENTS, RESERVATIONS ANO 4. NOT VALID UNLESS ACCOMPANIED BY PAGE 1 SKETCH OF DESCRIPTION AND SIGNED, DATED AND STAMPED, SURVEYORS SEAL. OF' TRACT 2 AS BEING RESTRICTIONS OF RECORD. OF 2 SHOWING THE EMBOSSED N 00'17'27" W. SKETCH AND DESCRIPTION A PORTION OF TRACT 2 GOLDEN GATE ESTATES UNIT NO. .35 TOWNSHIP 4-9 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING, INC. ENGINEERS, SURVEYORS AND ECOLOGISTS !-00 981318 7-46-26 NA 2 OF 2