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Parcel 157INTEROFFICE MEMORANDUM TO; MAUREEN KENYON CLERK TO THE BOARD FROM: JEAN JOURDAN, REAL I'ROPERTY SI'ECIALIST II . ,'~ 5/-( REA L PROPERTY MANAGEIvlENT I)EPA RTM ENT < SUBJECT: AGENDA ITEM: 16(B)(1) APRIl. 28, 1998 RESOI.U I-ION 98-107 DATE: JUNE 10, 1999 Attached are thc following original documents for your safe-keeping: One (1) Easement Conveyances for the four laning of Golden (;ate Bouh.,..:~, t between State Road 951 and Wilson Fhmlevard l'rojcct. Official Record Book 2550 Page.'2424-426 Attached;(' Seven (1) Easement Conveyance PROJECT: GG Blvd. PARCEL: 157/Morlock FOLIO: 36863960005 EASEMENT 2480923 OR: 2550 PG' 0424 I~COP, D]D in CHICIAL R~CORD$ of COLLI~ CO~S THIS EASEMENT, made and entered into this ~ day of //-~'-' "'--' 19 '', by PHILIP R. MORLOCK and IRIS MORLOCK, his wife, whose mailing address is 2841 Golden Gate Boulevard West, Naples, Florida 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 this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuabk: 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 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 drainage, utility and maintenance facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement grantr;d herein shall constitute easements running with the land and shall burden the described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (Signature) Name: ¢0.~16: ~J. (E(,int or Type) . __-~:' >~,2~ / ~n~s (Sign~uFe) Name:~~ (Print or Type) PHILIP R. MORLOCK Address: 2841 Golden Gate Blvd. Wes~ Naples, FL 34120 THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COHMISSIOffERS, COLL![R ¢OL'!ITY, FLORIDA, PURSU,ANT TO THE / ~,, ~f' OR: 2550 PG: 0 25 Page 2 '// / ~ I/ / .. f ' C. LJ' Witness (Signature) Name: (_(2~'3tr,_ (Print or Typ~) .W,~ness !S:gn?to/eJr_. _ . , Name: /' (Print or Type) IRIS MORLOCK Address: 2841 Golden Gate Blvd. West Naples, FL 34120 STATE OF '/,., ,' COUNTY OF ( . / / ~..:/;./(.._. .... : (, .The foregoing Easement was acknowledged before me this -..: '" day of , 19,9~9, by PHILIP R. MORLOCK who is personally know~' t~ me or who as identification. (a x notarial sea STATE OF' .- ¢'//¢, / COUNTY OF (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: .SA'tI :' '~;~. (~,~,,.issJon # CC 781698 , The foregoing Easement was acknowledged before me this :"" '" day of ~/~__~,,"~ , 1999, by iRIS MORLOCK who is personally known to me or who has pro-r-r-r-r-r-r-r-~ed ~L ;~ ,]./',~ .... as identification. .(affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: ,:-~,';;,:,.. Uee~,~ L~cene Oulnn h~,. "', florida 34~12 t94~) //4-8400 PROJECT HO. 6304 PROJECT PARCEL t'JO, 1.57 EXHIBIT PM I of,,,,,,l LE_GAL_DJE_~C;_BIPTION 8L~TOH (NOTA SURVEY) The Horth 1.5 feet of the 'South 65 feet of the VVest 150 feet of Tract 64. Golden Gate Estates Unit bio. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. tl0R ~H FPOPERT ¢ LIt;E ,/ WEST PROPERI'Y L,~IE EXI$?I~G P/,¥ LI:JE (GrXDEU GAIE BLVD ) 150 FEET .[ Sr. JUTH PROPER rY llUE ~ r EAS'/PRC,'PEF~ rY __ 15 FOOT DF~,ItlAGE. UTILITY '" Arid MAIhlTENAfJCE EASEMEhlT (EX SUUG 50 FT. PYW EASEMEUT) SCALE: linch - IOOfeel TO: FROM: INTEROFFICE MEMORANDUM' Sue Filson, Administrative Assistant Board of County Commissioners Jean Jourdan, Real Property Specialist II ..~/. Real Property Management Depadmen~/~' / DATE: March 31, 1999 RE: Golden Gate Boulevard, Parcel 157 Project 69031 (Modock) 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 owner of the subject parcel of land. These documents have been reviewed and approved by County Attomey 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: G. G. Blvd. PARCEL: 157 FOLIO: 36863960005 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between PHILIP R. MORLOCK and IRIS MORLOCK, hls 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 purposes 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 Owner desires to convey the Easement to the Purchaser for the i~; stated purposes, on the terms and conditions set forth herein; WHEREAS, the Owner desires to be compensated for the Easement, as well as any, improvements located thereon; WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easement (hereinafter referred to as "Property") and for the improvements, over, under, upon, and across 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant Purchaser the Property in exchange for the sum of $2,300.00, broken down as follows: Easement , $ 700.00 Improvements (If any) $1.600.00 TOTAL: $2,300.00 Owner accepts the above compensation as full payment for the Property, and for all landscaping, trees, shrubs, improvements 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 In connection with the conveyance of said Property 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, 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 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 shall be provided to Purchaser on or before the date of closing. 5. Conveyance of the Property, or any interest in 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. 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 Property and all uses of the Property has been and presently is 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 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 Property. 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 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 7. This provision shall survive closing and is not deemed satisfied by conveyance of title. 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 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 Securffies 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 WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ ...z day of Dated ProjectJAcquisition Approved by BCC: April 28. 1998 AS TO PURCHASER: 'ATED: .' A'i-rEST: ' '.'.-. DWIGHT E. B~RO(~K, Clerk AS TO OWNER: 'DATED: .,3-..q 6;. ~'s (Pdnt or Type,) Name: Z././~,~' ._--~e~/~ (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PA~E'EA~. I~AC'~IE, ~Ch~rwoman PHILIP MORLOCK Address: 2841 Golden Gate Blvd. West Naples, FL 34120 Witness_(~gnature) Name: ...~)<,~..,, L,. (Print or Type) itn~s (Signat~--e~'~ Name: ,/_-..,~//~ ~.,~' ~z/]/).,,/',,u' (Print or Type) IRIS MORLOCK Address: 2841 Golden Gate Blvd. West Naples, FL 34120 PROJECT PARCEL NO. 157 EXHmrr...EL_ , LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The Nodh 15 feet of the South 65 feet of the Wes[ 150 feet of Tract 64, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page 93 of the Public Records of Collier County, Florida. && EXISTI~ fl~V LI4E (OOU~N GATE BLVD.) SOUTH PROPERTY tl~ 150 FEET ;,, EAST PROPERTY H 15 FOOT DRAINAGE. UTILITY AND MAINTENANCE EASEMENT (EX]STI~,tG 50 FT. RAN EASEMENT)