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Parcel 122 AINTEROFFICE MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Jean Jourdan Real Property Specialist .," Real Property Management Department DATE: August 12, 1999 RE: Golden Gate Boulevard, Parcel 122 A Project 63041 (Patterson) Attached you will find one (1) 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 Commissioner of Collier County, Florida approved the acquisition 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 acquisition by gift, purchase or condemnation pursuant to Resolution 99-220, dated April 27, 1999. Once the Agreement has 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 NO: 63041 (122A) FOLIO: 36764640000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between RONEY PATTERSON AND SHARON PATTERSON, husband and wife, whose mailing address is 5051 Palmetto Woods Drive, Naples, FL 34119 (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 a perpetual, non-exclusive easement for 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 fodh 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 (S10.00), 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: 1. Owner shall convey the Properly to Purchaser for the sum of $ 800.00 (Eight Hundred Dollars and no/lO0) payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Properly conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages ~'esulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Properly, 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, 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. 4. 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 the:e are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Easement Agreement Page 2 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 Properly 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. 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 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 modgagee(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 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 Properly in the form of a padnership, 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.) 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 z:::~...~.~-~:~~ , 199~' ,, Date Property acquisition approved by BCC: 4-28-98 Dated Property/Condemnation Approved by BCC: 4-27-99 Res. No. 99-220 AS TO PURCHASER: DATED: ~/..~ ATTEST: DWIGHT E. BR~CK, Clerk Attest as to ChatS,s S fQ~ature ~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pamela S. Mac k~e, Chmrwoman AS TO OWNER: DATED: WITNESSES: (Printed Name) ~/'. (?gnat~e) __ (Printed Name) (Printed Name) ' L~ (/~ignaturo~. /-~/, '!,~,,,-., J. ~P'~'f'-..r,~,,c,,/ (Printed Name) 5051 Palmetto Woods Drive Naples, FL 34119 Sharon Patterson 5051 Palmetto Woods Drive Naples, FL 34119 Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney PROJECT NO. PROJECT PARCEL NO. 63041 EXH G 122A" LF...GA~RIPTION & SKETCH (NOT A SURVEY) The South 15 feet of the North 65 feet of the West One Half (1/2) of Tract 80, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. I;OR i'H PROPERTY t i (EXISTING 50 FT. R/W EASEMENT EXISTING t~tl t~hE 15 F~T, D~INAGE AND -- -- UTLITY EASEMENT WEST PROPERI"f LINE EAST PROPERTY LIh'E FEET SOUTH PROPERTY LINET SCALE linch · lO01eel Colter CounW Real Properly Management Oepail,'~nl 102 PM PROJECT: 63041 (G. G. Blvd.) PARCEL: 122A FOLIO: 36764640000 2560010 OR: 2614 ~ICOIHD in OFFICIAL IICORDS o[ ¢OLLII! COPIIS lit 89H EASEMENT Iff.# THIS EASEMENT, made and entered into this ., day of__.LJ. ~ , 19-"_ ~., by RONEY PATTERSON AND SHARON PATTERSON, husband and whose mailing address is 5051 Palmetto Woods Drive, Naples, FL 34119 (hereinafter singularly or collectively referred to as Grantor) to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Flodda 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 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 PROPER'rY 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 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.  ×~/S: (Printed Name) (~dnted ~ame) 5051 Palmetto Woods Drive Naples, FL 34119 CONVEYANCE ACCEPTED BY THE ~,OARD OF COUNTY CONNIS$10~EES, ,.OLLZ£R C~, FLORIDA, _~ PURSUA~.TO ~E~Ao ~.~O . OR: )-611 Page 2 (Printed Name) / (Signatu f'e~_.___ - (Printed Name) Sharon Patterson 5051 Palmetto Woods Drive Naples, FL 34119 STATE OF ' .: ..... ~ .- COUNTY OF ~' -:, ~ ,':, The foregoing Easement was acknowledged.before.me_this ?~Gr?day of /?~,,,,. , 1999, by Roney Patterson, who is ~ersonally known~ m~, or who has produced as identificatio .'n;--~ (affix notarial seal) (Signature of Nolary Public) :'A,I",',,- · _j , ~, .z ,..'.., (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: COUNTYOF C. ~ (,,-.. The foregoing Easement was acknowledged before me this '~/~?-~day of ?'72_5!.~.~_, 1999, by Sharon Patterson, who Is personally known to mo-~'-who has produced as ~dent~ficat on,- ...... -- (affix notarial seal) (Signature of Norad Public) ' ,: , i, ~-- ] ~_ ,. *' r's o.'t ./ (Print Name of Notary Public) NOTARY PUBLIO SedallCommisston #:.~ My Commission Expires: ;PROJECT'NO. 63041 =ROJECT PARCEL NO. 122 A (NOT A SURVEY) The South 15 feet of the North 65 feet of the West One Half (1/2) of Tract 80, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. NO~TH PROPERTY LfI'/E ¢.X]STD,'G 50 FT. RM EASEMENT SOUTH PROPERTY LINE 155 FEET J 15 FOOT, DR,klNAGE AN~ -- -- UTLITY EASEMENT EAST PROPERTY LINE WEST PROPERTY LINE N ,SCALE: $ In<:h · lOOfeet Calm' C.~mt/ReM Property Management ~eparVnent PROJECT: 63041 (Golden Gate Blvd.) PARCEL: 122 AT Itetn: FOLIO: 36764640000 RIAl, T£~PORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENT granted this ~ day of~, 19__, by RONEY PATTERSON AND SHARON PATTERSON, husband and wife, as Grantor, COLLIER COUNTY, a political subdivision of the State of Flodda, 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 or assigns.) WITNESSETH That the Grantor, for and m cons~deratton 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 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 GrantoCs 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 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 NOT HOMESTEAD PROPERTY IN WITNESS WHEREOF, the GRANTOR has executed the day and year first above wdtten. Name~ (Print or Type) ~hiS ~.*~,~'(:t"?~ i, : :,," ; . "~;':"~ ~," '.:.- caused these presents to be: 5051 Palmetto Woods Drive Naples, FL, 34119 I'HIS CONVEYANCE ACCEPTED 80ARD OF COUNTY COLLIER COUNTYt PURSUANT T.0_ AGE o~"rEo~'~ I1T# NO. P~;ge 2 Name:~~.~~,~,,? Name~__. (Print or Type) STATE OF ~/C"~. COUNTY OF~ 2614 PG: .098 Sharon Patterson 5051 Palmetto Woods Naples, FL 34119 The foregoing Temporary Driveway Restoration Easement before me this ~ day of ,,~ , 1999, by Roney Patte who has produced as (affix notarial seal) Page 3 w~o is ( ' ry ') .:~:~;'~. NOTARY PUBLIC Serial/Commission #: My Commission Expires: STATE 0 F~_~~ COUNTY OF~°,''/' The foregoing Temporary, Driveway Restoration Easement was ackn~ m..~e-t~ day of /~/g)U , 1999, by Sharon Patterson, who, is <l~_monally knowr~ ~~s produced as identification.~ (affix notarial seal) nature of N~ 'OO~ 'LZ. eu~r s. '~Or Ug81" ue,,, (Pdnt Name of Notary Public) NOTARY PUBLIC Serial/Commission #:__ My Commission Expires: Pr.pared bz~ Robert N. Office of the County Attemey 3001 East Tarnlarnl Tral NaCes, Florida 34112 (941) 774.8400 Parcel No. 122 A T Temporary Driveway Restoration Easement The East 30 feet of the West 43 feet of the South 30 feet of the North 95 feet of the West One Half (1/2) of Tract 80 Golden Gate Estates Unit No. 4 as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida.