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Parcels 717 & 817/HartmannMEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM: , TONI A. MOTT, SPECIALIST II ?¢.,-' RE'~-AL PROPERTY MANAGEMENT DATE: JANUARY 15, 1998 RE' AIRPORT ROAD EXPANSION PROJECT PROJECT: 62031 Parcel: 717&817 Attached you will find two (2) Addendums to Easement Agreement and one (1) Easement Agreement for execution by Chairman Barbara B. Berry concerning the above transaction. Please be advised that tteidi F. Ashton, Assistant County Attorney, has reviewed and approved the attached documents. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase in Resolution 97-198, Item 16(B)(7), dated April 8, 1997. Resolution 98-9 authorizing the Chairman of the Board of County Commissioners to execute the documents ,,vas approved and executed on January 13, 1998, item 16(D)(2). Please forward the documents to Ellie Hoffman, Records Technician II1, Minutes & Records for attestation. Note: Ellie, after attestation of said documents, please call extension #8991 for document pick-up as the Real Property Management Department will record all necessary documents on the date of closing. ] Thank you. Attachments as stated ..\I)I)ENI)I ;Ni '1'() I':,\SE.\II,N I ;\(;I~,I':E,~iI.:NT iw£~veen i)enelkiaries ul' the I,and Trust ~X~l'eelllellt dated 'l'rustee. ht'realler relYrre(I t{} as Owners, and (,oilier County, hereafter relYrred x,x,'i tERE,X.S. ('~llier (~tmntv is pm'chasing several easements ~)x'er ()wnt, r's pJ'c;pcJ'ty, and this/x¢ldeJitltln! shall tel'er to hereiiJaller to thc)se easement ;is the Easement. TI I lqt~l'~l:¢)l~l,~, iu mhliti,m It; Ihe l'~u'cg,fiug terms {d' the Easement Agret. mcnt, il ix I'urtllt. r ARz't.t, tl Ilv and Ilctwccn Thc I~arties as li~lhm's: %..qi'~'l'll:kf'KS: :\11 area within the East, men! will bt. applicable t.wards any all st, lb~rck reqt}irt'me};ts, I'rt;m lire current property line, lire the purp{~ses Ihlureland usept, titi.nsrequested bvf)wncr(}ras'signs, li'{}m(hrllicr('mmtv. It is a~/reed thnt the current pet}petty line will rems}in tile point from which any ii;ture setbacks are IIIt'llSlll't,t] all{l calcuhtted fin' any requiremt, nts 1~!' ('{;llit. r (;mmty z~ming, Imiidiu~ permits anti site tlevel~}pment permits on subject prOl}ertv' I'~rr mm' tutti in the I'uture, on this land. ' I1. i,;\NI)S('.,\PINf; AND (.}i~I,2~N Si),k(/E; All applicable t{m'artis tl~e t~l~l landscaping and ~pen Sln~ce J'eqtJiremt, nts ul'( 'ullier ('ULmLV li>r any I'uture perlnil% tm' zm~inm lmihling pt, rlnils, m;d site devch}pment permits which the ()lvners ~}1' their success.rs mi~lll I'Cqllt'~l I'r~m; (,~llicr('mlnt),, I'or n{~w and iu thc I'ulurc. ¢'. I';NVI I~,()N\I F~N'I',\ I, ¢ '()NI) I'I'I()N: 'l'he lhu'chascr's lU',,p,,'~cd ch'x'alcd sid('w~ik within the i'~asen]rnt will m~( (}l)sfrtlt'l Iht' Clll'/'elli sheet llmv-i'st~,'m ~'att, r run,~f[ I?om the properly, st; :~s to cause any I'uture hvtlrating of the property's s.ils and ~rmvth of protected plant species ~'hich might cause any ~{~x'ernmentai agency, having juristlicti~m over the sui[iect pr~perty, t. rule adversely against thc property t}n any future rez{min~, building permits, anti site dex'elopment permil requestsofthe()wncrsurtheirsuccess~ws. Ih;rchaserwill prm'idemteqtmtclhcililirs underne~dh I~urrhasers pr{~pused elevated sidew~dk I~; ensure continued dr:tina~e ~1' storm water off prope~y mid into current adjacenl st~}rm water tlraina~e ditch ahmg west side of Airport l~oatl, which then drains inl~ exitin~ storm water drain, Ilowin~ under Airport Road t~ the canal {m e:}sl side .r..Xirp~rt Road. I). 'l'i".\ll'()l~.\Ry (:()N."FI'I~! ~("I'I()N I<,\SESiENTS: Thc temporag, t'UllSlructitlll e;'~('lll('lll, identified ::s p:Ircels S/? ::,Itl ?/?, will expire by the (Iai(, oF l}c:-. 3 l, ]i~i}l. ( )w:ler ~,' sut'cesxnrs ~li~lj' uiili~e thllt al'ell within the lt:llll)or~rv c:,~strucli:m (';tsfqllf'lll Jill' lalldScllphl~ :llld opeil sp:ice dt:velupnlenl purp,ses, prior I~ Ihal t'xpir~lit~n dale. IN WI'I'NKS,~ WI lI']I~I,~(}t~, lhe parlie.~ hereh~ have executed this Easement · kffreenleut Oil Ihis ~ (lay ()f~ _, 191 ~ l)alt, d l>r..jecl/,kcquixilifjfj Al)proved l)v I)A'i'EI): I"IR,~'I' ':~ ! i NI'.SS (Sig/mlurc) (Pri[]l N:ime) Waller i lartmann, 'l'ruslec PROJECT: Airport Road PARCEL: 717 & 817/Hadmann EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between Walter Hartmann, as Trustee of the Vanderbilt Beach Road Trust B, dated January 2, 1992, with the power and authority eilher to protect, to conserve or to sell, or ~o lease, or 1o encumber, or to olherwise manage and dispose or the real properly described herein, (hereinafter singularly or collectively referred Io as the "Owner"), and COLLIER COUNTY, a political subdivision of the State oi' Florida, its successors and assigns (hereinal'ter referred to as the "Purchaser"); WHEREAS, the Purchaser requires an Easemenl over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of Ihis Agreement, (hereinafter referred to as the "Property") for sidewalk drainage, and utility, and temporary construction purposes; and ' WHEREAS, the Owner desires ~o convey the Easement to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easement over, under, upon, and across the 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 are hereby mutually acknowledged, it is agreed by and between the padies as follows: 1. Owner shall grant Purchaser an Easement over, under, upon, and across the Property in exchange for the sum of $49,230.00 as full paymenl for the Property interest(s) taken and for any damages resulting to the remainder, ir less than the entire properly was taken, and for all other damages in connection with said Property. 2. Purchaser shall pay Owner for the Easement by County Warranl. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and that, ~herei'ore, said closing shall occur within sixty (60) days of the execution of the Agreement by Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver an easement to Purchaser Jn a form acceptable to Purchaser. 4. Prior to the closing, Owner shall obtain from ~he holders of any and all liens, encumbrances, exceptions, or qualifications in and to the Property, the execulion of such instruments that will, upon their recording in the Public Records of Collier County, Florida, clear any and all encumbrances from the Property. Such instruments shall be provided to Purchaser on or before the dale of closing. 5. Conveyance of the Easemenl, or any interest in the Properly, by the Owner is conlingent upon no o~her provisions, conditions, or premises other than those so stated above; and the written agreement, including all exhibits atlached 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 lhe "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 Property and all uses of Ihe Property have been and presently are in compliance wilh all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Properly except as specifically disclosed to the County; that ihe 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 County, that the seller has not received no~ice and olherwise has no knowledge of a) any spill on the Properly, b) any existing or threatened environmental lien against the Properly or c) any lawsuit, proceeding or investigation regarding the generation, storage, Ireatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and is no[ deemed satisfied by conveyance of title. 8. Owner hereby agrees that it 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 withoul limitalion 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 7, This provision shall su~ive closing and is not deemed satisfied by conveyance of title. 9. The Purchaser shall pay for all cosls of recording the easement. All olher costs associated wilh this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curalive instruments shall be borne and paid by Owner. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form oi' representative capacity whatsoever for olhers, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oalh, of the name and address of every person having a beneficial interest in the Property before Ihe Properly held in such capacily 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. IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement on this day of ?.~ , 19_,~,¢ Dated Project/Acquisition Approved by BCC:_/_'~~..~,.~, AS TO PURCHASER: DATED.:_F~ A'I-FE ST: ~ . DWIGHT E. BROCK, .Clerk , Deputy Clerk AS TO OWNER: DATED: Sept. 16, 1997 W~.4~SSES: (Signature) Sharon Borrocci (Printed Name) (Signature) Nar'ion Schl nc]let (Printed Name) Approved as to form and legal sufficiency: Heidi F. AShton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Walter Hartmann, Trustee OI~'I;'ICE OF CAPITA£ PROJECTS ,3.501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 5d112 (941) 774 -8192 LEGAL DESCRIPTION (NOT A SURVEY_) SKETCH OF DESCRIPTION PROJECI NO ¢o2~3 / PROJECT PARCEL NO. ,, ~7'/'~ TAX PARCEL NO.~C~_.~n_~_~_~¢~O ~ O O ¢' LEGAL DESCRIPTIO_N The West ten (10') feet of the East 125' feet of the following described parcel: The North half of the Northeast quarter of the Northeast quarter of Ihe Northeast quarter of Section 2, Township 49 South, Range 25 East, Collier County, Florida. North tlalf. Northec~st Oua~ler. Northeast Quarter. Northeast Ouorter, Sec. 2, Twp. 49 S., Rge. 2.5 E. I' EXi~I~iT -- PARCEL 717 0 THIS IS ONLY A SI<ETCH BY: CItECKED Bt': SCAL E~ {)AT[: L.M.R. NONE 07-17- PROFESSIONAL LAND SIJRVEYOR #2406 OFFICE OF CAPIIAL PRO, JECI$ COI.I.IER COlJHIY (;()V[I~HMINI COMPLEX 5301 E 1/~MIAMI ]RAIL NAPLES. FLORIDA 34112 FILl: NO.: ~ i' AR-717 1 OF' 1 F~ ICE OF API7 AL PROJ£CI'S 3501 EAST '['AMIAMI TRAIl_" NAPLES, FLORIDA 54112 (941) 774-8192 SKETCH OF DESCRIPTION PROJECT NO. L~o 3 I PROJECT PARCEL NO. '~"f ] lAX PARCEL NO. O O ,~'~, ~ ~ OOo___~ LEGAL DESCRIPTION /NOT A SURVEY) .LEGAL DESCRIPTION The West fifteen (15') feet of the East 115 feet or the fal10wing described parcel: ]he North half of the Northeast quarter of the Northed~ quarter of the Northeast quarter of SecUon 2, Township 49 South, Range 25 East, Collier County, Florida. Norlh ttnlf, Northeast Ouarler, Northeast Quarter, Northeast Quarter, Sec. 2, Twp. 49 S., Rge. 25 E. PARCEL AR 817 r© 0 C) J E XHIBIT DRAW~,I fly: L.M.R. THIS IS ONLY A SKETCH ICItECKED Err': JSCALE: GEOf~'E Ri- Rl~i]~[~-0 ...... PROFESSIONAL IJtND SURVEYOR #2406 OFFICE OF CAPITAL PROdECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FI.ORII)A 34112 - 7-9- AR-817 NONE JSHEET 1 OF 1 PROJECT: 60061 (Livingston Rd.) PARCEL: 156.856 (Herman) FOLIO: 38100720003 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between ROY ALLEN HERMAN and FRANCES W. HERMAN, (hereinafter collectively 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 Easements over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Properly") for road right-of-way, sidewalk, utility, drainage, slope, and maintenance purposes; WHEREAS, the Owner desires to convey Easements to the Purchaser for the slated purposes, on the terms and conditions set fodh herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Easements over, under, upon, and across the 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall grant Purchaser Easements over, under, upon, and across the Property in exchange for the sum of $13,950.00 (Thirteen Thousand Nine Hundred and Filly Dollars) as full payment for the Property interests taken and for any damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said Properly. 2. Purchaser shall pay Owner for the Easements by County Warrant. 3. Both Owner and Purchaser agree that closing shall occur within sixty (60) days of the execution of the Agreement by Purchaser. However, Owner agrees that closing may be extended until such time as any and all liens, encumbrances, exceptions, or qualifications in and to the Properly are properly executed and delivered to the Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver an easement to Purchaser in forms acceptable to Purchaser. 4. Prior to the closing, Owner shall obtain from the holders of any and afl liens, encumbrances, exceptions, or qualifications in and to the Property, 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 Property. Such instruments shall be provided to Purchaser on or before the date of closing. 5. Conveyance of the Easements, or any interest in the Property, by the 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. Easement Agreement Page 2 7. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, Slate, 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 sold to the County, that the seller has not received notice and otherwise has no knowledge of a) any spill on the Properly, 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 Properly. This provision shall survive closing and is not deemed satisfied by the conveyance of title. 8. Owner hereby agrees that it 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 coud, 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 7. This provision shall survive closing and is not deemed satisfied by conveyance of title. 9. The Purchaser shall pay for all costs of recording the easements. All olher 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. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties h,h,h~reto have executed this Easement Agreement on Ihis ¢¢--"~day of ~ ,19 ~ Dated Project/Acquisilion Approved by BCC: Ord. 96-457. 10/8/96 (8.B.3) AS TO PURCHASER: ATTEST: DWIGHT E. BROCK, Clerk ' ' , Dep-uty ~rk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS TO OWNER: DATED: . ~ -ti ,; W. ITNES. SES Witness (Signature);' Name: ,,Wi~nes~Signalure~ , Name:/~/74 Or,/~E (Print) Roy Allen Herman 2825 70~h Street SW Naples, FL 34105 Easement Agreement Page 3 Witness (Signa!ure), . ~ ; (Print) (Prinl) ,/ Frances W. Herman 2825 70"' Street SW Naples, FL 34105 Approved as to form and legal sufficiency: I Heidi F. Ashton Assistant County Attorney PROJECT NO. ~'O~ / 'Ro cT ,A CsL FOLIO NO. ~ nn..,p.~.n3 SKETCH & LEGAL DESCRIPTIO~J (NO T A SURVEY) road right-of-way, sidewalk, utility, drainage & maintenance easemen The West twenty (20) feet of the South One Half (1/2) of Tract 10, Golden Gate Estates Unit No. 29, according to the plat thereof, as recorded in Plat Book 7, Page 57, of the public records of Collier County, Florida. E.,;scn§ 20 lc(:! dra~na§e Easemenl~by ~lal) " SUBJECT [B.J~ C. L: r,0._q~. G LC EL( ,j A iE ?~i L..'uT.E S U~;IT t;O 29 (70TM St.) ~Ir",,Gg R. RICHMOND P.L.S. 2406 33j) 1 E. TANII,,~¥1I TRAIL ~,,\P..LES. FLORIDA 34112 SKETCH NOT TO SCALE I E 'XHIBIT PROJECT NO. PROJECT PARdEL NO. 8~' FOLIO NO. SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) slope, drainage, utility & maintenance easement The East forty (40) feet of the West sixty (60) feet of the South One Half (1/2) of Tract 10, Golden Gate Estates Unit No. 29, according to the plat thereof, as recorded in Plat Book 7, Page 57, of the public records of Collier County, Florida. Ex,Song 30 !oct drainage Easement {by plat) 20' UNIT NO 29 SUBJEOT (40') 30' R/W (70~ St.) 331) 1 E. TAM[AMI TRAIL NAPLES. FLORIDA 34112 N ,SKETCH NOT TO SCALE MEMORANDUM TO: Ellie Hoffman Records Technician Ill Minutes & Records Management FROM: Toni A. Mott Real Property Specialist Real Property Management Department DATE: March 5, 1998 RE: Airport Road Expansion Project #62031 Parcels 717 & 817 - Hartmann Ellie, attached please find one (1) oriqinal recorded Easement and one (1) oriqinal recorded Temporary Construction Easement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase in Resolution 97-198, Item 16(B)(7), dated April 8, 1997. Please contact me if you have any questions or comments at 8991. Thank you. attachment as stated cc: Tax Appraiser's Office w/attachment Tax Collector's Office w/attachment Inventory File w/attachment Project: Parcel: Airport Road 717/Hartmann TEMPORARY CONSTRUCTION EASEMENT 2282847 OR: 2390 PG: 2714"' ~BC fi! ]0.~0 COPII$ 2,00 ReCn: REA1, PROPERTY ~??~: ?0]I BIT 8991 INTER O~IC! ,- THIS TEMPORARY CONSTRUCTION EASEMENT granted this ((.~ day of ....~.'~ , 19' ' , by and between Walter Hadmann, as Trustee of the Vanderbilt Beach Road Trust B, dated January 2, 1992, with the power and authority either to protect, to conserve or to sell, or to lease, or to encumber, or to otherwise manage and dispose of the real properly described herein, whose address is 30542 Eiffel, Warren, Michigan 48093 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 the heirs, legal representatives, successors, and 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 Construction Easement to enter upon the lands described as follows: See attached Exhibit "A" which is incorporated herein by reference, for the purpose of constructing public facilities in this area. This Temporary Construction Easement shall expire upon completion of the construction of the public facilities in the area described above, or on or before December 1, 2~_, whic,,he,¥er occurs first. Upon the completion of construction, the Grantee shall resto'~e~(t~ su~a~'dj%f the easement area to its original condition. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. FII',tST WITNESS (Signature) Sharon Borrocci (Print Name) -' 91 &.',..~,--,..,. "t7 /;/,; ~ C.-.~....,.-, ~'t y L. '-. ~- ~,,.-' SECOND \VITNESS (Signature) rlarion Schindler (Print Name) STATE OF MICtlIGAN ('OLiNTY OI: N1A('OMB ~Vallcr Ha~mann, Trustee of the Vandcrbill Beach Road Trusl B, dated January 2, 1992 THIS COtJV~ANCE ACCEPTED BY THEJ BOARD OF COU~ C~HISSIONERS, COLLIER COUP, FLORIDA, r ,ov s o,s OF RESOLUTION NO. ,,;. The foregoing Temporary Construction Easement was acknowledged before mc Ii, is 16th day of _~Sept. _. 1997, by Walter llarlmann, as Truslce of the Vandcrbilt Beach Road Trust B, daled January 2. 1992. who is personally known Io mc or who ]las produced Driver's ~icense as idcnlificalion. ,:, /..,- ~S~gnalure of Nola~) Jeanette Tant DAnxel 5.": ::"'4' (Prinl Name of Nolary) " Commission ~I · ~:' ~'%':: My Commission Expires: aune 10, 2~1 *** OR: 2390 PG: 2715 *** OI"I'VC'iL' Old' CA I~I'I'~L .',.';(/I I Af;l IAIvIIAMI IRAII. (9,11) 77,1 LEGAL DESCRIPTION {NOT A__SURVEY) LEGAL DESCRIPTION The W.st ten (10') feet of the East 125' feet of the f'oilowing described pnrcel: lhe t'lnrlh hr]II (ff the Norlher~st rl[J~rter of the Northecmt (tunrler of the Hortheqs[ quqrler of Section 2. Township 4g South, Range 25 East. (;oilier County, Floridm / ['ARCLI 71 I EXHIBIT Jills IS ONL'r' A 5KEICtt (;Er~f~(;[: R. RIC~i~,iC~i, ii}' .............................. PROFES.SIONfAI. IAI'If) SIJRVEYOR f)f IIC[; OF f]APIIAI. PI~OJ[ COJl. If_[~ CC)I. IHtY GOV[)iNMFNI 3301 E iAMIAMI IRAII. FIAI~II%. [If)I?II)A .54112 ~ ...."" 1o''~-'' "' I~''~' I,"'~- I,,,~ ,,~,~ J Nr)Nf )1-. 1'1-97 AR I 1 I Project: Airport Road Parcel: 817/Hartmann 2282848 OR: 2390 ?G: 2716 I~I¢ORDID in 0L~IfIAL RIfOIU)$ ot ¢OLHIR COO'II?f, C0~S 19230.00 HC ~! iL00 DOC-.70 345.10 COHIS 3,00 Re~n: ~ PROPERTY A??ff: ?O~I I~?IR OrHCl EASEMENT THIS EASEMENT granted this ' day of ¢:.\" , 19:.', by Walter Hartmann, as Trustee of the Vanderbilt I~a--~h Road Trust B, dated Ja-~uary 2, 1992, with the power and authority either to protect, to conserve or to sell, or to lease, or to encumber, or to otherwise manage and dispose of the real property described herein, whose mailing address is 30542 Eiffel, Warren, Michigan 48093, 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.) 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 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. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Sharon Borrocci (Print Name) SECOND WITNESS (Signaturc) ~rion ~hindler (Print Namc) ~Valtcr I larlmann. Trustee of the Vandcrbih Beach Road Trust B, d;.Hcd Jmluary 2, 1992 TNI~'CONVEYANCE ACCEPTEO BY THE BOARD OF COUNTY COHMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS ~ OF RESOLUTION ilO. ~iq-(~{? YYt',~)~ Page 2 OR: 2390 PG: 2717 S'I'ATI'~ OF MI('fII(JAN COUNTY OF MACOMI~, Thc foregoing [:.asc,ncnt was acknowledged before mc this 16th day of sept.. 1997. by Walter l tartmann, as Truslc¢ of thc Vandcrbih Beach Road Trust B. dated January 2, 1992. who is personally known to me or who has produced Driver's License as idcntification. (Affix notarial seal) .,.,?',, ,:. L' ,- .... t,. /(S~,~att, rc of Notary) .::' 'q (¢' //' Oeanette Tant DAniel ,.. (Prinl Name of Notary) <": 17'." :' "' Commission # .,<sr.,' My Commission Expires: aune 10, 2OO1 *** OR: 2390 PG: 2718 *** Ol I; ICl; Ol;' APIT Ai, ] I~.OJkC.I,S S.'Sr; i IA"' I 'TAMIAMI TRAIl. fl^Pt fT.S, FI ONli¥'x 34 11," (.041) 774--f~192 SKEIClt OF DESCRIPTION PROJECt Pa 'X;EI. IlO ...... ~'.L'~_ ............. LEGAL DESCRIPTON (NOT A SURVEY LEO..AL DESCRIPTION The West fifteen (15') feet of the East 115 feet of the follS'wing described parcel: 1'he Horth half of the Horlheast quarter of the Horlhea'~'l quarter of the Hortheos[ quarter of .~ecllon 2, Township 49 South, Range 2,5 Eas[, Collier County, Florida. / £) -L 0 I...M.P,. THIS IS ONLY A SKE'[Ctt X~IBIT E NOt,IL rrmrr.%iot.l^l. Lm.~n su~vr_Yo~¢ tt2.4o6 OFFICE OF CAI'II^I. COI.I.IER Cr)IJHIY COVERIIh~FHf COMI"IF× ,~301 r. TAMIAMI IRAII H^PI 1 7-9' AR-fl 1 I SHEET I OF