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Parcel 112TO: FROM: DATE: RE: RECEIVED AUG 3 I 1999 INTEROFFICE MEMORANDUM ~4~a~'d of C'0unt.~ 6ee~lsslon~,$ Sue Filson, Administrative Assistant Board of County Commissioners Jean Jourdan, Real Property Specialist ..--. - Reel Property Management Department August 30, 1999 Golden Gate Boulevard, Parcel 112 Project 63041 (Muirhead) 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 99-222, dated April 27, 1999. Once the Agreement has been executed, please forward same to EIlie 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: 112 FOLIO: 36762600000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between, THERESA MUIRHEAD AND LARRY K. MUIRHEAD, SR., her husband (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 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~rein by reference; WHEREAS, the Purchaser requires a perpetual, nor~.e, xclusive 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 (hereinafter collectively referred to as "Properties") and for the improvements, over, under, upon, and across the Propedies. 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 Properties in exchange for the sum of $ 8,000.00, broken down as follows: Easement $ 1,600.00 Temporary Driveway Restoration Easement $ 100.00 Improvements (If any) $ 6,300.00 TOTAL: $ 8,000.00 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 Ow~er'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 right to extend the term of this Agreement indefinitely, 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 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, undedakings, 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 Propedies 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 property contiguous to or in the vicinity of the Properties 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 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 or~ 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, 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 Propedies in the form of a partnership, limited padnership, corporation, trust or any form of representative capacity whatsoever for ethers, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person ilaving 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, 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 CWITNESS WHEREOF, the padies..hereto have executed this Agreement on this ~[ ~' day of_ ~'!l'.~!j~ , 19,'i'! . .] Dated Project/Acquisition Approved by BCC: 4-28-98 Dated Project/Condemnatir,n Approved by AS TO PURCHASER: DATED:_ '/~;.i i":' 1: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk s!¢n~tur~ Page 4 AS TO OWNER: DATED: .¢-/'-/'2 Name: ~/1~//~/; ~'~ (Prin~ ¢ type) //~ witnesst(Sig~ature) Name: '0.c;~.).¢. r 9~4~.fA,_ (Print or Type) Theresa Muirhead z- - - Witness ¢¢Sign~tu re)CfZ Name: (Print br/T'y pe) Witness (Signature) Name: .~-,'~ (Print'or Type) Larry K. Muirhead, Sr. Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney PI:b, OJ ECT NO. 63041 PROJECT PARCEL NO. 112 --- EX~IiBIT LgGAL_QgSC RIPTION A_~J::~TC H (NOT A SURVEY) The South 15 feet of the North 65 feet of Tract 48, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. .._YjEST ?ROPERTY£~JtF__ ~ ) 330FEET N Project: Golden Gate Boulevard Parcel: 112 Folio: 36762600000 EXHIBIT "B" The West 30 feet of the East 105 feet of the South 20 feet of the Nod. h 85 feet of Tract 48, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 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 DE~E~,T ' OCTOBER 29, 1999 AGENDA ITEMS: 8 (B) (4) APRIL 27, 1999 ATTACHED ARE THE FOLLOWING ORIGINAL DOCUMENTS FOR YOUR SAFE- KEEPING ACQUIRED FOR TIIE FOUR LANING OF GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND WILSON BOULEVARD. OFFICIAL RECORD BOOK & PAGE NUMBER: 2595/630-632 2595/634-636 REAL PROPERTY MANAGEMENT DEPARTMENT PROJECT: 63041 (Golden Gate Blvd.) PARCEL: 112 FOLIO: 3676260000 2535542 OR: 2595 PG: 0630 TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENT granted this .' .i dayof ,~/' .: ,19[ ~',by THERESA MUIRHEAD, and LARRY K. MUIRHEAD, SR., her husband, as Grantor, to COLLIER COUNTY, a political subdivision of the State of Florida, 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 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"): See attached Exhibit "A", which is incorporated herein by reference. The Easement Area, which is adjacent to the 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 ddveway 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 NOT HOMESTEAD PROPERTY Page 2 OR: 2595 PG: 0631 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above wdtten. WITNESSES: Witnes~'('Signature) Name: ~ ,dxo,z ~ [" -~\x)~_ ./"~ (Print'Or T-ype) Witnes'~ '(Signature) Name: 'D..u'~, ,~ ~5. (Pdnt tor Type) La~. I~luirhead, Sr. STATE OF" ~ COUNTY OF ~/~/~ c The foregoing Temporary Driveway Restoration Easement was acknowledged before me this I .~. day of ,~/~ ,'/ , 1999, by Theresa Muirhead,.who is personally"'-, known to me or who has produced as identification,'- (affix notarial seal) (Signatu ,r~'of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: OR: 2595 PG: 0632 Page 3 STATEOF ,,_~ COUNTY O F..~. The foregoin~l Temporary Ddveway Restoration Easement was acknowledged before me this _j_~.~_ day of ~, 1999, by Larry K. Muirhead, Sr., Who is personally known to me ~)r'who has produced as identification, ' (affix notarial seal) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: OR: 2595 PG: 0633 *** ' Project' Golden Gate Boulevard Parcel: 112 Folio: 36762600000 EXHIBIT "A" The West 30 feet of the East 105 feet of the South 20 feet of the North 85 feet of Tract 48, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. PROJECT: 63041 (G. G. Blvd.) PARCEL: 112 FOLIO: 36762600000 EASEMENT 2535543 OR: 2595 PG: 0634 THIS EASEMENT, made and entered into this ~ ..i day of f ;!,: : 19' ~'1, by THERESA MUIRHEAD AND LARRY K. MUIRHEAD, SR., her husband, whose mailing address is 3700 Golden Gate Boulevard W., 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.) 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, Flodda, 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 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: Wit~es~ (~natu~) (Print or '~pe) ' Witness ~;ign~ture') Na me.'~'~-,~,(' ~.%~,~, %~-'~ (Print Or Type) Theresa Muirhead OR: 2595 PG: 0635 Name:~ WitnesS (Signature) Name:~ (Print' or Type) Larry K. Muirhead, Sr. STATE OF fL ~,"~ ~' ~/P COUNTY OF_~-~'~ ~ The foregoing Easement was acknowledged before me this ~ day of ~, 1999, by Theresa Muirhead, ',~'i's- P~s°~a~-k~to me or who has produd, ed as identification. ' - (affix notarial seal) (Signature/of Notary Public) V Ii. (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:. My Commission Expires: STATE O F.,~'L~'&, COUNTY The foregoing Easement was acknowledged before me this__/~;/' day of ~_~~, 1999, by Larry K. Muirhead, Sr.{Who is personally known to m%~,or who has produced as id e nti"fi-~i~ r~.' (affix notarial seal) (Signatur~of Notary Public) (Pdnt Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: 'PROJECT NO. 63041 PROJECT PARCEL NO. 112 *** OR: 2595 PG: 0636 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The South 15 feet of the North 65 feet of Tract 48, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE (EXISTING 50 FT. R/W EASEMENT) / AND MAINTENANCE EASEMENT W~ST PROPERTY LINE 330 FEET SOUTH PROPERTY LINE (GOLDEN GATE BLVD ) l E×tSTiNG R;~ LINE N