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H James & Merrily T KrauserTO: FROM: DATE: Re: Memorandum EIlie Hoffman Records Technician III Minutes & Records Management Cindy Erb ~ Sr. Acquisition Specialist Real Property Management Department December 6, 2001 Livingston Road (Golden Gate Parkway to Pine Ridge Road Project #: 60071; Wyndemere - Krauser Please find attached one (1) original recorded Easement, one (1) original recorded Temporary Wall Demolition Easement, and one (1) original Donation Agreement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 200-447 Agenda Item 8 B 4, dated November 28, 2000, and approved the acquisition by condemnation pursuant to Resolution 2000- 446, Agenda Item 8 B 1, dated November 28, 2000. Please contact me if you have any questions or comments at 8917. Thank you. attachments as stated cc: Tax Appraiser's Office w/Easements only Inventory File w/attachments Office of the Real Property Management Department PROJECT: Livingston Road Prepared by: Ellen T. Chadwell, Esqutm'e Office of the Count) Att:~t~te~ 3301 East Tamiamt Trail Naples, Florida 34112 {941) 774-8400 EASEMENT 2893181 OR: 2933 PG: 2166 RECORDED in OFFICIAL RECORDS of COLLIER COUN?~, 11/30/2001 at 12:43PM DWIGHT E. BROCK, CLERK RBC ~B~ 15.00 COPIES 3. O0 Retn: RRAL PROPRRTY INTER This property h~, be~n ~cquimd under threat of cono~,~,~a~,~-I ~ ~s exempt from THIS EASEMENT, made and entered into this ,/~ day of 2001, by H. JAMES KRAUSER AND MERRILY T. KRAUSER, husband and wife, whose mailing address is 62 Beech Road, New Canaan, Connecticut 06840, 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 their 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 the purpose of construction and maintenance of noise attenuation and privacy wall, fill slope, sidewalk and landscaping 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, and maintaining noise attenuation and privacy wall, fill slope, sidewalk and landscaping 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. ~ess (,~nat~) Name: "- (Print) ~A~itn~s.s (Signaturei ~ -, (~dnt) I~ES KRAUSER Esmt -Krauser THIS CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMISSIOflERS, COLLIER COUNTY. FLORIDA, PURSUANT TO THE PROVISION~ OF RIII~OLUTION NO. ~ OR: 2933 PG: 2167 -Witness~ign~re) Name: ~_~)~ ~'~¢ ~_~'~ [~/~b) Witnes~ (Signature) (Pri~{) MERRILY T. qKRAUSER STATE OF ~ COUNTY OF~ ~ oing Easement was acknowledged before me this /..~' day of ,2001 by H. James Krauser, who is personally known to me er-. ~.~ idc. ntifi~tinn (Affix notarial seal) -(S~gnature of Notary) (Print Name of Notary) Commission # My Commission L~r~clCs.~lnr s~!dx3 uo!ss!tutuo,j/~ STATE OF ~ COUNTY'OF ~  r~going d~cod (Affix notarial seal) Easement was acknowledged before me this /~'" day of 2001 by Merrily T. Krauser, w,ho is ...... '"' '-nowrl p~, ou,,o,,~ to mo or ..,-, ~S'ignature, of Notary) (Print Name of Notary) Commission # My Commission Expires: My Commrss~on Expires July 31, g0031 Esmt-Krauser EXHIBIT Page *** OR: 2933 PG: 2168 *** LEGAL DESCRIPTION OF PERPETUAL NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF NOISE ATTENUATION AND PRIVACY WALL, FILL SLOPE, SIDEWALK, AND LANDSCAPING GIVEN BY H. JAMES KRAUSER AND MERRILY T. KRAUSER TO COLLIER COUNTY, FLORIDA THE WEST THIRTY (30) FEET OF LOT 95, THE LODGINGS OF WYNDEMERE, SECTION ONE, ACCOORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 8, AND A PORTION OF LOT 96, THE LODGINGS OF WYNDEMERE, SECTION ONE, ACCOORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 8, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 96; THENCE ALONG THE WEST LINE OF SAID LOT 96, NORTH 00°38'02" EAST A DISTANCE OF 74.97 FEET; THENCE LEAVING SAID LINE, NORTH 59°42'01" EAST A DISTANCE OF 138.58 FEET TO A POINT ON A CURVE AND THE EAST LINE OF SAID LOT 96; THENCE ALONG SAID EAST LINE 50.00 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RDIUS OF 625.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 32035'29'' EAST 49.99 FEET TO THE SOUTHEAST CORNER OF SAID LOT 96; THENCE ALONG THE SOUTH LINE OF SAID LOT 96, SOUTH 55°07'00" WEST A DISTANCE OF 179.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 96 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. P R,O~ECT: Livingston Road r 3 (~1) 774-8~ Chadwe11, Esqu?re County Atto~e~ TEMPORARY WALL DEMOLITION EASEMENT /;zwJ,- THIS EASEMENT made and entered into this day of ,JU~1 , 2001, by H. JAMES KRAUSER AND MERRILY T. KRAUSER, husband and wife, whose mailing address is 62 Beech Road, New Canaan, Connecticut 06840, (hereinafter referred to 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, (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.) WlTNESSETH: 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 assigns, and grants unto the Grantee, a temporary easement, license and privilege to enter upon 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. 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 removing the existing wall under the provisions of that certain Grant of Wall and Landscaping Easement in favor of the WYNDEMERE HOMEOWNERS ASSOCIATION, INC., a Florida non-profit corporation, recorded in Official Records Book 1184, Page 2279 et seq. in the Public Records of Collier County, Florida. This Easement shall expire one year beyond the official acceptance of the public improvements by the Board of County Commissioners of Collier County, Florida, or on October 31, 2003, whichever occurs first. 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. Witness (Signature). Name:/Y)~-(~c.x-~ .~_~,~ ~'~J (Print) H J~_~ES KRAUSER THIS CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMISSIONEI:~, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVI$1ON~ OF RE.:;:, ;LUTION NO. ~,~ooo -~& OR: 2933 PG: 2164 Witness (Signature) Name: //-~%~', r~r.._ lZ."o-~5~'- (Print) Name: ~~ Iz ~ ~.~ ~ 3"' MERRILY T. KRAUSER STATE OF COUNTY OF- Th.e foregoing Tempgrary Wall Demolition Easement this /1. day of ~./.~. ' 2001 by personally known to met-~" ,z ,_ __ .,.,, ..~o p,uduced (Affix notarial seal) was acknowledged before me H. James Krauser, who is p~ irl,-,n~ifir,~tinn (§ignature ' ' - (Print Name o Commission # ' ,,'~ .......... My Commission Expire§:: ~ Comm[~ioo Expires STATE OF ~ COUNTY OF Th~ foregoing Temporary Wall Demolition Easement this /,~ day of ~ , 2001 by personally known to me ~ v/,,~i,as produceU (Affix notarial seal) Appr~ed .as tO form/~:jl~al sufficiency :, :/:,,/,_.: "-' tant~s s coimt$ Attorney Ellen T. Chadwell was acknowledged before me Merrily T. Krauser, who is {.Signature o f.,,l~o~h) (Print Name of Notad~) Commission ~ My Commission Expires:. EXHIBIT Page__-z--of-/ - *** OR: 2933 PG: 2165 *** DESCRIPTION OF TEMPORARY WALL DEMOLITION EASEMENT ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING WEST OF, AND ALSO BEING SUBJECT TO, THAT CERTAIN PROPERTY DESCRIBED IN THE GRANT OF WALL AND LANDSCAPING EASEMENT RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOOK 1184, PAGES 2279 THROUGH 2284: LOT 95, THE LODGINGS OF WYNDEMERE, SECTION ONE, ACCOORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 8, AND A PORTION OF LOT 96, THE LODGINGS OF WYNDEMERE, SECTION ONE, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 8, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 96; THENCE ALONG THE WEST LINE OF SAID LOT 96, NORTH 00038'02'' EAST A DISTANCE OF 74.97 FEET; THENCE LEAVING SAID LINE, NORTH 59°42'01'' EAST A DISTANCE OF 138.58 FEET TO A POINT ON A CURVE AND THE EAST LINE OF SAID LOT 96; THENCE ALONG SAID EAST LINE 50.00 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RDIUS OF 625.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 32035'29'' EAST 49.99 FEET TO THE SOUTHEAST CORNER OF SAID LOT 96; THENCE ALONG THE SOUTH LINE OF SAID LOT 96, SOUTH 55007'00'' WEST A DISTANCE OF 179.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 96 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PROJECT: Livingston Road DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between H. JAMES KRAUSER AND MERRILY T. KRAUSER, husband and wife, (hereinafter referred to as "Owner"), whose mailing address is 62 Beech Road, New Canaan, Connecticut 06840, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112; WlTNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of construction and maintenance of noise attenuation and privacy wall, fill slope, sidewalk and landscaping, 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 County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner acknowledges the benefits accruing to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no monetary compensation shall be due and payable for the Property requested by County; and 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: 1. Owner shall convey the Property via an Easement to County at no cost to the County, unless otherwise stated herein. 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 County 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 County executes this Agreement; provided; however, that County 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 ali such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner shall execute simultaneously herewith an Easement to the Wyndemere Homeowners Association, Inc., a non-profit Florida corporation, for maintenance of the wall (appearance matters such as painting, cleaning and minor repair) and landscaping adjacent to the wall. 6. Owner shall execute simultaneously herewith a Temporary Wall Demolition Easement to County for purpose of the demolition and removal of the existing wall. 7. County shall remove the existing wall, and restore the ground on either side of the removed wall to the same condition that existed prior to the removal of the wall. 8. County and its agents shall use care and best construction practices during the removal of the existing wall so as to not cause any damage to any landscaping or irrigation equipment which is adjacent to the existing wall. 9. 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 County; 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 conveyed to the County, 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. 10. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County 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 County by reason or arising out of the breach of Owner's representation under Section 9. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 11. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County 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 mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 12. 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. 13. 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 there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 14. 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 County, 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.) 15. 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 ~¢-,',',',',',',','~ day of ~)~4.,.,. ,2001. Date Property acquisition approved by BCC: November 28, 2000; Resolution # 2000-447 AS TO COUNTY: DATED: ////w.., ?,~/' ATTEST: '" -'~¢. _~'.D~I..~,UT~E. BROCK, Clerk '.,~, ~ ,Deputy Clerk AS TO OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNT~~ BY: jAM .~_~*ES¢~. CAR~%C h;i rma n TNESSES: Witr~ess (Signature')- Name: ~ (~Print) Name: (Print) I-~MES KRAUSER Witness (Signature) MERRILY T.'KRAUSER Name: (Print) Witn~s~ (S/gn~t~e)~ (Prirr~) Approved as to form and legal sufficiency: ~Ellen T. Chadwell Assistant County Attorney LEGAL DESCRIPTION OF PERPETUAL NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF NOISE ATTENUATION AND PRIVACY WALL, FILL SLOPE, SIDEWALK, AND LANDSCAPING GIVEN BY H. JAMES KRAUSER AND MERRILY T. KRAUSER TO COLLIER COUNTY, FLORIDA THE WEST THIRTY (30) FEET OF LOT 95, THE LODGINGS OF WYNDEMERE, SECTION ONE, ACCOORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 8, AND A PORTION OF LOT 96, THE LODGINGS OF WYNDEMERE, SECTION ONE, ACCOORDING TO THE PLAT THEREOF, RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 8, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 96; THENCE ALONG THE WEST LINE OF SAID LOT 96, NORTH 00038'02'' EAST A DISTANCE OF 74.97 FEET; THENCE LEAVING SAID LINE, NORTH 59°42'01" EAST A DISTANCE OF 138.58 FEET TO A POINT ON A CURVE AND THE EAST LINE OF SAID LOT 96; THENCE ALONG SAID EAST LINE 50.00 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RDIUS OF 625.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 32035'29'' EAST 49.99 FEET TO THE SOUTHEAST CORNER OF SAID LOT 96; THENCE ALONG THE SOUTH LINE OF SAID LOT 96, SOUTH 55007'00'' WEST A DISTANCE OF 179.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 96 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.