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Parcel 107TO: FROM: DATE: RE: INTEROFFICE MEMORANDUMJL 0 ? 1399 Sue Filson, Administrative Assistant Board of County Commissioners Jean Jourdan, Real Properly Specialist II Real Property Management Department. July 7, 1999 Golden Gate Boulevard, Parcel 107 Project 69031 (Ambrose) 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 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: 107 FOLIO: 36711440004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between GAYEL L. AMBROSE, a single woman, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a politica~ subdivision of the State of Florida, its successors and assigns (hereinafter referrecl 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 descdbgd 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 perpetual, non-exclusive 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 (h~reinafter collectively referred to as "Properties") and for the Improvements, over, under, upon, and across the Properties. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollam ($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 1. Owner shall grant Purchaser the Properties in exchange for the sum of $1,800.00, broken down as follows: Easement $ 1,000.00 Temporary Driveway Restoration Easement $ 100.00 Improvements (If any) $ 700.00 TOTAL: ,800.00 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 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. 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 dght to ex-tend the term of this Agreement indefinitely, 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 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, 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 Properties 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 Properties 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 othen,vise 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 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. Page 3 9. The Purchaser shall pay for all costs of recording the conveyance instruments 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 cf Eascment 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 bene£A 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 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, Florida 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, Flodda Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Flodda Statutes.) 12. This Agreement is governed and construed in accordance with the laws of the State of Flodda. IN WITNESS WH,~EOF, the parties_h..ereto have executed this Agreement on this /'// day of ~'.//z~z.( ,19 ~. Dated ProjectJAcquisit!on Approved by BCC:. y-,~ ~'-~f' ~'/~7 · ~.. f.,;,',j , .,o ASTO PURCHASER: · 6 ' ..~.."' DATE :(~. ~: /' ~ ... ATTEST: D · ~.'..,WIGHT E. a~OCK, Clerk .,.E'j.z.)~ ',~ FFN~, Deputy Clerk BOARD OF COUNTY COMMISSIONERS BY:. [ .... '"'~"'"' '"" ' F '"'~'~"'~ PAMELA S. MAC'KIE, CHAIRWOMAN Attest as Page 4 AS TO OWNER: DATED: ,_~-//- ~__.~ Name:WVitne's~¢_ ~ ~ Witnes~s (~gnature) ! Name:~O v'/ (Pdnt or Type) Approved as to form and legal sufficiency: Assistant County Attorney 3815 Golden Gate Blvd. West Naples, FL 34120 PROJECT NO. 63041 PROJECT PARCEL NO. 107 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 180 feet of Tract 25, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. 180 FEET W~ST PROPERTY LI~E EXJSTING RAY ~ (GO~N GATE SCALE: '1 inch = 100 feet EAST PROPERTY LINE SOUTH I~OPERTY LJNE T EXHIBIT "B" 'i The East 30 feet of the West 40 feet of the North 20 feet of th~ South 85 feet of the East 180 feet of Tract 25, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, page 77 of the Public Records of Collier County, Flodda. i EXHIBIT "B" The East 30 feet of the West 40 feet of the North 20 feet of the South 85 feet of the East 180 feet of Tract 25, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, page 77 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 DEPART'MENT NOVEMBER 17,1999 AGENDA ITEMS: 8 (B) (4) & 8 (B) (5) APRIL 27, 1999 & JUNE 22, 1999 ATTACIlED IS TIlE FOI,I,OWlNG ORIGINAl, DOCUMENT FOR YOUR SAFE- KEEPING COMPRISING OF ONE (1) TEMPORARY DRIVEWAY RESTORATION EASEMENT ACQUIRED FOR TIlE FOUR LANING OF GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND WII,SON BOULEVARD. OFFICIAl, RECORD BOOK& PAGE NUMBER: 2577/1003-1004 REAL PROPERTY MANAGEMENT DEPARTMENT PROJECT: 63041 (G. G. Blvd.) PARCEL: 107 FOLIO: 367114400014 EASEMENT 2513573 OR: 2577 PG: 1000 II/I2/HH at 04:04~[ l[~ I. Bi~I, C01S 0~C-.?0 ILS! :OHIS let~: HAL ~ROHR?T lit IHI IITI! O~HCl THI.S EASEMENT, made and entered into this ~ day of "~_.4' , 19 ~._~, by GAYEL L. AMBROSE, A SINGLE WOMAN, whose m~5 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 its respective heirs, legal representatives, successors and 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, 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 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: V, ('Sig nat.ure) .,~ (Prated Name) (Printed Name) 3815 Golden Gate Boulevard West Naples, FL 34120 THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COt4MISSIONERS, COLLI£R COUNTY, FLORIDA, PURSUANT TO THE PRQViSIONS OF RESOLUTION NO. ~~ OR: 2577 PG: 1001 Page 2 STATE OF~~=~_ COUNTYOF ~ ~_.~z.~ The foregoing Easement was acknowledged before me this ~ day of  , 199~, by Gayel L. A_mbrose,,a single woman, ~ s produced~cas identification. (affix notarial seal) (Pr'mt N rrlea of Notary Public) NOTARY PUBLIC Serial/Commission #:. ~' My Commission Expires: I~CT NO. 63041 iJECT PARCEL NO. 107 *** OR: 2577 PG: 1002 (NOT A SURVEY) The North 15 feet of the South 65 feet of the East 180 feet of Tr3ct 25, Golden Gate Estates Unit No. 3, as recorded in Plat Book 4, Page 77 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE 1~0 FEET ','/EST PROPERTY Lih~E EXISTING ~'~ LINE IG~DEN GATE BLVg ) EAST PROPERTY LINE 15 FOOT DRAINAGE. UTI AND MAINTENANCE EASEMENT (EXISTING 50 FT. ~ EASEMENT) SOUTH PROPERTY LllqE j SCALE 1 inch = 100 lee! Colbe, County Real Propert/Management Depa~rnent $1/1&9~ 1,25 PM · PROJECT: 63041 (Golden Gate Blvd.) PARCEL: 107 FOLIO: 36711440001 2513574 OR: 2577 PG: I~ta: R&~ ~lO~ll~ TEMPORARY DRIVEWAY RESTORATION EASEMENT TH)S EASEMENT granted this ~ day of ~ , 19~,, by GAYEL~V~. AMBROSE, A SINGLE WOMAN, as ~..~ntor, lu6 COL~i'ER COUNTY, political subdivision of the State of Florida, its successors and assign" ' s, 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"): THE EAST 30 FEET OF THE WEST 40 FEET OF THE NORTH 20 FEET OF THE SOUTH 85 FEET OF THE EAST 180 FEET OF TRACT 25, GOLDEN GATE ESTATES UNIT NO. 3, AS RECORDED IN PLAT BOOK 4, PAGE 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 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 purposes(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 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 HOMESTEAD PROPERTY *** OR: 2577 PG: Page 2 iN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. WITNESSES: (Signature) ..~"~ ,' /', / (Printed Name) (Printed Name) Gay~bM"'.. Ambrose, a single woman /..., 3815 Golden Gate Boulevard West Naples, FL 34120 STATE OF~, COUNTY OF The foregoing Temporary{, Driveway Restoration Easement was acknowledged before me this,~_.~ day of ~¢~a., 1999, by Gayel)~.,Ambrose, a single woman, who is. p.~nall known to bce ~who has pro'duc"&J as ~dent~ficabon. ' J (affix notarial seal) (P' t'~e 6r NOTARY PUBLIC Seria/Commiss on #. My Commission Expires: