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Parcel 102 & 104Memorandum To: From: Date: Subject: MAUREEN KENYON, CLERK OF THE BOARD _ JEAN JOURDAN, SENIOR SPECIALIST REAL PROPERTY MANAGEMENT DEP~~I~ NOVEMBER 2, 1999 AGENDA ITEMS: 8 (B) (16) APRIL 24, 1998 ATTACHED IS THE FOLLOWING ORIGINAL DOCUMENT FOR YOUR SAFE- KEEPING ACQUIRED FOR THE FOUR LANING OF GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND WILSON BOULEVARD. OFFICIAL RECORD BOOK & PAGE NUMBER: 2559/2817-2819 REAL PROPERTY MANAGEMENT DEPARTMENT PROJECT: Golden Gate Boulevard PARCEL: 102 & 104 FOLIO: 36760840008, 36760800006 24916 OR: 2559 PG: 2817 DOC-.70 iKTH ~?~!C~ TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT made and entered into this / ?/'~day of /~///~ ¢ , 19 ~, by CADILLAC AUTOMOBILE COMPANY OF BOSTON, a Massachusetts corporation, f/Wa Chief Pontiac Motor, Inc., a Massachusetts corporation, whose mailing address is 135 Massachusetts Avenue, Boston, MA 02115 (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" are used for singular or plural, as the context requires, and 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, receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a temporary license and privilege to enter upon the following described lands located in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY This Easement is granted for the express purpose of providing Grantee temporary access to Grantor's lands as described above, and for the purpose of storing matedal and equipment during the construction and installation of public improvements adjacent thereto. 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 restore the surface of the Easement Area to the condition existing prior to the commencement of construction adjacent thereto. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. WITNESSES: FIRST WITNE~ (Signature) (Print Name) SECOND WITNESS (Signature) (Print Name) BY: Cadillac Automobile Company of Boston, a Massachusetts corporation, f/k/a Chief Pontiac Motor, Inc. a Massachusetts corporation Print Name Title Page 2 OR: 2559 PG: 2818 STATE OF COUNTY OF The foregoing TEI~PORARY CONSTRUCTION E~.~AS. EMENT wa_s_a.c~nowledged before me this ~.-day of ~__.~_~, 1999, by (President&Qc~.--~.er~le~t) of Cadillac Automobile Company of Boston, a Massachusetts corporation, f/k/a Chief Pontiac Motor, Inc., a Massachusetts corporation. He/,,~:~e is personally known to me or who has produced as identification. (Affix notadal seal) (Signature of Nota~) (Print Name of Notary) Commission # My Commission Expires: *** OR: 2559 ?G: 2819 EXHIBIT "A" Parcel 102 AT The East 64 feet of the West 288 feet of the South 55 feet of lhe Nodh 130 feet of Tract 16, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. Parcel 102 BT The Nodh 40 feet of the South 55 feet of the West 30 feet of the East 60 feet of Tract 16, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida, Parcel 104 T The South 40 feet of the Nodh 335 feet of the East 30 feet of the West 60 feet of Tract 17, Golden Gate Estates Unit No.4, as recorded In Plat Book 4, Page 79 of the Public Records of Collier County, Florida. TO: FROM: SUBJECT: DATE: INTEROFFICE MEMORANDUM MAUREEN KENYON CLERK TO THE BOARD JEAN JOURDAN, REAL PROPERTY SPECIALIST II ,/ REAL PROPERTY MANAGEMENT DEPARTMENT~ AGENDA ITEM: 16 (B) (1) APRIL 28, 1998 RESOLUTION 98-107 JUNE 25, 1999 Attached is the following original document for your safe-keeping: Easement Conveyance for the four laning of Golden Gate Boulevard between State Road 951 and Wilson Boulevard Project. OFFICIAL RECORD BOOK 2559 PAGE 2820-2823 Attach~nent as stated PROJECT: Golden Gate Boulevard PARCEL: 102, 104 FOLIO: 36760840008, 36760800006 2492767 OR: 2559 PG: 2820i IIT~ OFYiCE EASEMENT THIS EASEMENT, made and entered into this ./__~._~day of 19..¢_~, by CADILLAC AUTOMOBILE COMPANY OF BOSTON. a Massachusetts corporation, f/ida Chief Pontiac Motor, Inc., a Massachusetts corporation, whose mailing address is 135 Massachusetts Avenue, Boston, MA 02115, as Grantor 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 ant,' 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. two perpetual, non-exclusive easements, licenses, and privileges for the purposes described on Exhibit "A" which may include 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 NOT 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 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 date and year first above written. Dated: ,, ' ' -" 19 /" WITNESSES: (Print Name)) SECOND WITNESS (Signature) (Pdnt Name) these presents to be executed the THIS CONVEYANCE ACCEPTED BY THE £OARD OF COUt~¥ COMMISSIONERS, COLLIER COUNTY~ FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. ~ Cadillac Automobile Company of Boston, a Massachusetts corporation, f/ida Chief Pontiac Motor, Inc. a Massachusetts corporation BY:~ F~nt Name T"'~ 't-'E~ ¢... -F,..,- t. L~' Title OR: 2559 PG: 2821 Page 2 STATE OF ~/~/1~ ..~..,~. COUNTY OF -'~ U~ The foregoing EASEMENT was acknowledged before me this ~'~day of ~, 1999, by ~(Name), (President--t) of Cadillac Automob~ ~o~a~ of Boston, a Massachusetts corporation, f/~a Chie~ Pontiac Motor, Inc., a Massachusetts ~ration. He/~ is personally known to me or who has produced as identification. .(A~x nS{a~ial seal) (Signature of No, tfary) (Print Name of Notary) Commission # My Commission Expires: OR: 2559 PG: 2822 PROJECT NO. 6304 PROJECT PARCEl_ MO. 102 L E_GAL_D_F~~K ELC~I (NOT A SURVEY) SDUE - The South 25 feet of the Nodh 75 feet of Tract 16, LESS the East 30 feel thereof, Golden Gate Estates Unit No. 4, as redorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. DUE- The South 30 feet of the Nodh 105 feet of Ihe West 30 feet of Tract 16, Golden Gale Estales Unit No. 4, as recorded in Plat Book 4. Page 79 of the Public Records of Collier Count. y, Florida. N~I rH FR___~_ ER fY Lff~E 25 rOOT SIDEWALK, DRAItJAGE, UTILITY & t~l/~T, EASEMENT (SDUE) FEET SCALE: linch = 100 ~eet -, ',- *** OR: 2559 PG'. 2823'**.. PROJECT I"lO. 63041 PROJECT PARCEL f JO. 104 L.F-.GAL_D~E_S_OEIP_ILQN_&_SAEI_C H (NOT A SURFEd DUE - The Souih 15 feet of the Nodh 65 feet of the East 150 feet of Tract 17, Golden Gale Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. SDUE - Tile South 25 feet of tho North 75 feet of the West 180 feet of Tract 17, LESS Ihe West 30 feet thereof, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collk;r Courtly, Florida. · 30El ]OFf. FEEl' ....................... i_ .... ~5 FOOT Sg;EWALK. [)u,\IH,",.OE' UTiL' ~ ArID MI..I'.;TErlt.JICE E~.SEMEf,IT {DUF~ {)o,~lr lAG6, UIIt. ITY 630FEET S.O~TH F~OPER fY Lille .~'---'-- SCALE: linch = 1~ leer TO: FROM: DATE: RE: INTEROFFICE MEMORANDUm1., ¥ Sue Filson, Administrative Assistant Board of County Commissioners Property Specialist I1 Jean Jourdan, Real Real Property Management DepartmenU" June 7, 1999 Golden Gate Boulevard, Parcel 102 & 104 Project 69031 (Cadillac) 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 owr~er of the subject parcel of land. These documents have been reviewed and approved by County Attorney 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: Golden Gate Boulevard PARCEL NO: 102 & 104 FOLIO: 36760840008,36760800006 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between CADILLAC AUTOMOBILE COMPANY OF BOSTON, a Massachusetts corporation, f/k/a Chief Pontiac Motor, Inc., a Massachusetts corporation, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires two (2) perpetual, non-exclusive easements for purposes described on Exhibit 'A" which may include drainage, sidewalk, utility and maintenance purposes over, under, upon and across the lands described in Exhibit 'W' (said easement hereinafter referred to as the "Properly"), 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 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 and in exchange for said Property Purchaser will construct three (3) driveway entrances which are described in Exhibit "B" attached hereto and made a part of this Agreement. The construction cost of said driveway entrances shall be borne by the Purchaser and deemed as full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located resulting to Owner's remaining lands, and for all conveyance of said Property to Purchaser. thereon, and for any damages other damages in connection with 2. 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, properly executed, to Purchaser on or before the date of Closing. 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, propedy 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. 4. Conveyance of the Property by Owner is contingent upon no other provisions. conditions, or premises other than those so stated above; and the writter~ 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. Easement Agreement Page 2 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. 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, Florida. 6. 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 Properly 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. 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 sun.,ive Closing and is not deemed satisfied by conveyance of title. 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Flodda. 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 modgage(s) recorded against the Property from the mortgagee(s). 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 padies 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 Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a wdtten 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.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Easement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ._~ay of ~ ., 19._~. ;, Date Property acquisition approved by BCC: AS TO PURCHASER: AT~,E ST,~,.).~ v,:' .DWIOHT,'E;. E~RQCK, Clerk , :, ,:-~~, ';: ,.., ~. ;..-.. · .J' . t. ... ,~:' Z.z2- .~-'. 'fl ../~DeFuty Clerk s Ig~aturl 0~15. AS TO OWNER: DATED: ,,¢4,d'-/'/? /¢ 99 Name:~~.~ (Pdnt or Type) Witness (Signature) Name:~.%~ (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY:pa~ Cadillac Automobile Company of Boston, a Massachusetts corporation f/k/a Chief Pontiac Motor, Inc. Print Name .~ Approved as to form and legal sufficiency: Assistant County Attorney PROJECT NO. 63041 PROJECT PARCEL NO. 102 LE_GALD_ E,S__C~I PTI C)_l'J_&_8_l~ ET_Q Iff (NOT A SURVEY) SDUE - The South 25 feet of the Nodh 75 feet of Tract 16, LESS the East 30 feet thereof, Golden Gate Estates Unit No. 4, as redorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. DUE- The South 30 feet of the North 105 feet of the West 30 feet of Tract 16, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. ~ X ~ ORAIIJAGE.UTILI'[y 25 FOOT SIDEWALK, DPAIN~AGE. tJlfllfY & MA;hIT EASEMEflT (SDUE) WEST PROPER f r LIHf: E,~T PROPE~4TY LIHE 630 FEET sour. I I I I i I I i , SCALE: I inch · I00 leel j PROJECT NO. 63041 PROJECT PARCEL NO. 104 LE_GAI._D_E~CRIP_T_IQN & SI~ET~C[-I (NOT A SURVEY) DUE - The South 15 feet of the Nodh 65 feet of the East 150 feet of Tract 17, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. SDUE - The South 25 feet of the Nodh 75 feet of the West 180 feet of Tract 17, LESS the West 30 feet thereof, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. IK:)qqTH PROPER rY LltiE [E:qS T I't~ 50 FT' P'/W ElSE {E h'T} ..... ,; ;i T ..... .-. : :. .-. ;.'. .: ;.'. r .'.'. .: .'. - ................................ ' 25 FOOT SIDEWALK. DRAItlAGE, UTILITY Arid h~AItlTE/~'~ICE EASEI,~ENT (SDUE) N PROPERTY Lille EAS)) PROPERTY 630 FEE)' SOUTH PROPERPI LIt~ I IFT~ I SCALE: 1 inch ~ 100 f~t ¢~ -- r ...... ~,71 t~ Y I +si~ s ' 211l,~~ ~v[,l ' I ~J c~" g - I I 'il ~ ~ PROdECT: GOLDEN GATE BOULEVARD PROdECT No. 63041 TITLE: CADILLAC POPERTY OWNER DRA~ BY: TR BOARD OF COUN~ CO~x~4tSSIONEF C~LJER C~N~, FLORIDA PARCEL NO 102 DATE: 10/7/98 PuBuc ~RKS ENGINEERING DEPARt[NJ (DRI~WAY LOCATION) SCALE: 1" = 50' 35ol E. GOLDEN GAT£ I 2-14'x25' [~C.,o STA. 17+20.05 OfF.SE I': CO9~C. TR N"F1C S~PAJRATOR ~ IV BOULEVARD ¸00 t8+18.05 4-8.00 L / .?/ lg+00 1 B+ 57.55 / 11.00 R 315' 8' S~DEWN.,K J / 25' SIDEWALK. DRNHAC[, J U]~uTIr, AND ~NNTENA~CE "^-%_ S'fx. 9+03,8,.t Olrt':Sl~ T 11,00' ST,&. 8+81,00 0~FS[T II,00 I C/L C~OILLAC ENT~AtIC~ i I 48.00 24'~ CURB & C;ui'rT.R ST A'nON 84'60.00 CUT AHD I,,/ATCH EXIST. PAV[ME'N f. COHST DRI'V[WAY (s~[ FDOT NO FOR DETAILS) TEMPORARy EXHIBIT. "A- 2" PROJECT: GOLDEN GATE BOULEVARD---J PROdECT No. 63041 ~ADILLA-~'"~'-'P--0-PE~ ~ --I DR--~BY.-T'- ~ 'J BOARD OF COUNTY COUk41SSI' PARCEL NO 102 I ~7/9-'~-~-- "l COUJE::R COUNTY p..o~ux ' :-..;..,-;7;.-. '2'" (DRIVEWAY LOCATIO.N). I . 0 _ ' SCAL£:_._I' _- EXHIBIT: B-2: 4I.TFP~q~TIVF A ~ ~-'TFFFT'~T~ ~' ~ ~'1 Parcel 102 AT The East 64 feet of the West 288 feet of the South 55 feet of the Nodh 130 feet of Tree! 16, Golden Gate Estates Unit No.4, as recorded In Plat Book 4, Page 79 of lhe Pubh{: Records of Collier County, Florida. Parcel 102 BT The Nodh 40 feet of the South 55 feet of the West 30 feet of the East 60 feel of Tracl Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of Ihe Public Records of Collier County, Florida. Parcel 104 T The South 40 feet of the Nodh 335 feet of the East 30 feet of the West 60 feet of Tracl 17, Golden Gate Estates Unit No.4, as recorded in Plat Book 4, Page 79 of the Public Records o1' Collier County, Florida.