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Parcel 251MEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FRO ~M~,[.~NI A. MOTT, SENIOR SPECIALIST ~_~ ,:~ REAL PROPERTY MANAGEMENT RECEIVED 2 Q i"3'39 of Count~ Commissioners DATE: OCTOBER 20, 1999 RE: GOLDEN GATE BOULEVARD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 63041 Parcel: 251/Babcock 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 County Attorney's Office has reviewed and approved the attached document. The Board of County Commissioners of Collier County, Flodda approved the acquisition by gift or purchase in Resolution 98-107, Item 16(b)(1), dated April 28, 1998. Pursuant to Resolution 98-107, Paragraph 8, 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 the acquisition by gift, purchase or condemnation in Resolution 99-288, Item 8(b)(7), dated June 22, 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. Ms. Hoffman will then call me at extension 8991 for document pick-up. Thank you. Attachment as stated PROJECT: Golden Gate Boulevard/63041 PARCEL: 25 I/Babcock FOLIO: 37011320001 EASEMENT AGREEblENT follows: TillS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between PIIILIP S. BABCOCK and SYLVIA T. BABCOCK, Husband nad Wife, as Joint Tenants with Rlgh! Survivorship, {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"); WttEREAS, the Purchaser requires a perpetual, non-exclusive Easement for drainage, sidewalk, utility and maintenance over, under, upon and across the lands described in Exh~it "A", which is at~ached hereto and made a part of the Agreemcnl, described as follows, to wit; SEE A'II'ACHED 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 A'VFACIIED EXttIBIT "B", which is incorporated herein by reference; WIIEREAS, 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; WIIEREAS, the Owner desires to be compensated for the Easement and the Temporary Driveway Restoration Easement, as well as any, improvements located thereon; WtIEREAS, 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 Properties. NOW TIIEREFORE, in consideration of these premises, the sum of Ten Dollars {$10.00), and other good and valuable consideration, thc receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between thc parties as follows: Owner shall grant Purchaser the Properties in exchange for the sum of $9,200.00, broken down as Easement $ 400.00 hnprovements $1,600.00 Severance Damages $ 7,100.00 Temporary Driveway Restoration Easement ~ TOTAL: $ 9,200.00 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. 'l'his Agreement shall be null and void, and of no further force or effect, unless closing shall occur within ninety (90) days from the date Purchaser executes this Agreement; provided; however, that Pun!baser shall have the unilateral right to extend the term of this Agreement, pending receipt of all properly executed instruments affecting Purchaser's enjoyment of the Property. 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 EasemenL 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 wriRen Agreement, including all exhibits aHached 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. Page 2 7. Owner represents Ihat the Properlies and all uses of the Properlies 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 transfcned on the Properties except as specifmally disclosed to the Purchaser; that the Owner has no knowledge of an)' spdl or environmental law violation on any property contiguous to or in the vicinity of the Properties to he sokl to the Purchaser, that the Owner has not received notice and otherwise has no knowledge ora) an)' spill on the Properlies, 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 Properlies. 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 againsl and from~ and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, cost~ and expenses (including without limitation reasonable paralegal and attorney fees and expeme~ whether in courl, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asse~ed 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. 9. The Purchaser shall pay for all costs of recording the conveyance instruments in the Public Records of Collier County, Florida. The cost of the title commitment shall be paid by the Purchaser. All other costs associated with this ~xan.saction including but not limited to transfer, documentary and intang~le taxes, and ~:ording costs for any curattve instruments shall be borne and paid by Owner. Owner shall be tespons~le for paying any costa and/or fees associated with the securing and recording a Subordination, Consent & $oinder of Easemenl of the mortgage(s) recorded against the Easement from the mortgagee(s). I0. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both pan:es 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 contexl so requires or admits· I I. If the Owner holds the Properties in the form of a parlner~hip, limited partnership, corporation, trust or any form of represen~auve capacity whatsoever for others, Ge, ncr shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name. ,nd addre~ of everje person having a beneficial inlerest in the Properties before the Properties held in such capacity is conveyed to Pm'chaser, its eaeceslors and assigns. (if the coqmration is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Slatutes, whose stock is for sale Io the general public, it is hereby exempt from Ihe ptovisiom of Chapter 2R6. Florida Slatutes.) 12. This Agreement is governed and construed in accordance with the taws of the State of Florida.  I N WITNESS WIIEREOF, the par~ies hereto have executed this Agreement on this ~'~.day of ~ _ , ~'_,A~t.. Dated Project,'Acqmsitton Approved by BCC: 4/28/98 and 6/22,a)9 AS TO PURC]IASER: .ATTEST:'" .DWIGIIT E. BROCK, Clerk . . , Depuvy Clerk '". s'to Ch r ia's · ',"il. gnature onll. 'AS 'TO OWNER: Name: ~-r~t t · ss (Si~{a~re) -- f tint or Type) ~HIL~C ' Address: 1470 Golden Gate Blvd. West Naples, FL 34120 Page i~ess (Signature~ Name: (Print or Type) Wi~e,~s (SignatUre) (Print or Type) Approved as to form and legal sufficiency: Robert Z~char~"- Assistant County ^llomey Address 1470 Golden Gate Blvd W Naples, FL 34120 OFFICE OF CAPITAL.PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA'4112 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) EXHIBIT .~. Page [ of_.L_ PROJECT NO. 63041 PROJECT PARCEL NO. 251 25 FOOT DRAJNAGE, SIDEWALK. UTILITY, & ~ MAINTENANCE EASEMENT .DESCRIPTION: (10~ R.O.W.) GOLDEN GATE BOULEVARD TR/CT '18 n'~ LJ,~ = "------ E~ST THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 18, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4. PAGE 99, OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA .~.~'- EXISTING RIGHT OF WAY UNE 'ROPERTY LINE $'" 10~ J JULY 20, Igg~ GGB251 I SHEET 1 OF 1 PROJECT: Golden Gate Boulevard/63041 PARCEL: 251/Babcock FOLIO: 37011320001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between PHILIP S. BABCOCK and SYLVIA T. BABCOCK, Husband and Wife, as Joint Tenants with Right Survivorship, (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, sidewalk, 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 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 (hereinafter 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 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: follows: Owner shall grant Purchaser the Properties in exchange for the sum of $9,200.00, broken down as Easement $ 400.00 Improvements $1,600.00 Severance Damages $ 7,100.00 Temporary Driveway Restoration Easement $ 100.00 TOTAL: $ 9,200.00 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 ninety (90) 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 all properly executed instruments affecting Purchaser's enjoyment of the Property. 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. Page 2 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 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 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. 9. The Purchaser shall pay for all costs of recording the conveyance instruments in the Public Records of Collier County, Florida. The cost of the title commitment shall be paid by the Purchaser. 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 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, 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. O IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ ,day of ~ ,19~ . Dated Project/Acquisition Approved by BCC: 4/28/98 and 6/22/99 AS TO PURCHASER: DATED!,, ATTEST: DWIGHT E.'BROCK, Clerk , Deputy Clerk t'gnat, u 'e onl. . AS TO O~ER: DATED: I0 '-- t~--q ~ ~~~~,([rint or T~e) - 7 Namer,s: ~. ~ (?~i~t or ~e) -" BOARD ~SSIONERS P~kM~LA S. MAC~I~2, Chair~oman Address: 1470 Golden Gate Blvd. West Naples, FL 34120 Page 3 i-mess (Signamrel Name: (Print or Type) Wi~e~s (Signature) Name.'~.~ ~X~. (Print or Type) ~ ~0A~eCnKGate Blvd. W' Naples, FL 34120 Approved as to form and legal sufficiency: Robert Zachar~ Assistant County Attorney OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA ~4112 (941) 774-8192 SKETCH OF DESCRIPTION (NOT A SURVEY) EXHIBIT_j~_ page__.~ of_ [ ..... PROJECT NO. 63041 PROJECT PARCEL NO. 251 25 FO( SIDEWALK, MAINTENANCE (100' R.O.W.) GOLDEN GATE BOULEVARD -- NORTH PROPERTY LINE 330' ~AINAGE, : UTILITY, & ICE EASEMENT ~ :. I o m : TFt/ CT 18 I : I WESTPROPI:RTYLINE ~ ~ EAST PROPERTY LINE : ..... 3o'1 Ts' ?s', 75' 7fi' OF WAY LINE L330' SOUTH PROPERTY LINE 2O0 DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 18, GOLDEN GATE ESTATES UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. DRAWN BY CHECKED BY JSCALE J DATE 1" = 100' J JULY 20, 1998 FILE NO. GGB251 SHbET 1 OF 1 TO: Memorandum Ellic I lol'fman Records Technician Minutes & Records FRON, I: Toni A. Mort k,'(" Scnior Specialist Real Properly Management Dcl~artmcnt DATE: November R E: Golden Gale Boulevard Iml'~rovcmcnts Parcel 251/Babcock Collier County Pro. j¢ct No. 63041 Ellic, attachcd plc:~sc find onc (1) ori~inal recorded Eascmcnt and one (1) original rccordcd Tcmpora%' Drivcway Restoration F. ascmcnt for the abovc rcfcrcnccd projccl. The Board of County Commissioners o I' Collier County, Florida approvcd thc acquisition by gift, purchasc or condemnation in Resolution 99-288, Item 8(b)(7), dated Junc 22, 1999. Please contact mc il' you have any qtlCStiOllS or comlllelliS at, 8991. Thank you. attachments as stated cc: N. Korti, Projcct Managcr, t)WEI) Tax /x. ppr',liscr's ()[rice w/;.itl;.IchlllcllI ]llV¢lltOr),.' J:iJc w/';Itt;IcJlmcIl! PROJECT: GGBIvd. PARCEL: 251/Babcock FOLIO: 37011320001 2549543 OR: 2606 PG: 0260 10/28/19~S ~t Oi:20P~ D~IGH? L ~ROCK, CL!R£ C~il$ TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENF granted this i. day of . 19~?':. by PHILIP S. BABCOCK and SYLVIA T. BABCOCK, Husband and Wife, as Joint Tenants with Right Survivorship, 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, 9rants, 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 ~ncorporated 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 Grantor's lands for the purpose(s) of constructing, with materials of like kind, a driveway/turnoul 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 HOMESTEAD PROPERTY IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. t "~ LL' , ; ~. - Witness_(Sigpature) I; :, ~ Name:jcL '¢ ~,- £'.' , ..... (Print or Type) Wit r'tecs ~ (Signature) - ('Print or 'r~/pe) Address: 1470 Golden Gate Blvd. West Naples, FL 34120 ~reat of condemnation and is ~empt from ,¢ocumentary st~mp k,',:.:'_ ........... ' ........ : ':""' Page 2 Witness (Signature) Name: ~, ,,t , ~-'-: (Print or Type) Witness (Signature) (Print or Type) OR: 2606 PG: 0261 /~" x/ , Z.? / /' 'Address: 1470 Golden Gate Blvd. West Naples, FL 34120 STATE OF ~ t,, . :' COUNTY OF . ,__Z_ .___Z_% The foregoing Easement was acknowledged before me this __ 1999, by PHILIP S. BABCOCK, who is personalty known to ~ ~ /.. ,'.. c , as identification. ,/l/t, dayof~, , me or who has produ~'ed (affix notarial seal) ¢.~4~. Ernest W. Korskie %Commission # CC 7531 5 _,~ E~pires June 21, 2002 ~';¢¢ ¢,~" BONDED TH~U (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: STATE OF__ :_j:z._, ~___ COUNTY OF ' .... ' The foregoing Easement was acknowledged before me this .__~L¢" day of 1999, by SYLVIA T. BABCOCK, who is pemonalfy-known'--to me or who has produced r c ¢'~ ~', ~ ( , ,' as identification. (affix notarial seal) / ~- - ~ ' ~.Li_._~~ (Signature of Notary Public) ~,,¢'IP~4~. Ernest W. Korsk~e '~,~ ExDires J~ne?l 2002 '"';'~ ,~,,~ 80~UDED TH~ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: Prepared by: ¢ ~.?ber'i N. ZacharY,, ~s'qutro ~,lfice of the County Atto, mey ~1:301 East TamIaml TraD t~o~ ~s, Florida ~112 ;:P~I) 774~ *** OR: 2606 PG: 0262 *** EXHIBIT "A" Till:. I'>\ST 35 I:ILI'~'I' O1: TIIli ,$()!,J'l'll 20 I:I'~[:.T (.)F Tllli NOIC['ll g5 I:ILI~.'I' O1: TIlE \\'I:..'ST 75 I:I'~I:.T ()1: Ttlli I{A.'<,T I.':;0 I:I{I:.T ()1: TRAC'T I~, (](')I,I')I'~N (bVl'l". L.iNIT N(), g..,\.s:, I~i".('()Rl)l{l) IN I'I,,.\T I~,()(')K 4. I':\(;1:. O9 (')i: TI It{ I"111~;I.I(' Ot: COI.I.II'~I~. ('()L ,I,"<T¥, I:l.()lLii),,\. PROJECT: GGBIvd. PARCEL: 251tBabcock FOLIO: 37011320001 2549544 OR: 2606 PG: 0263 HC H~ 15.00 CO?!~S EASEMENT ,LJ day of ' · THIS EASEMENT. made and entered into this ~ , , 19" ", by PHILIP S. BABCOCK and SYLVIA T. BABCOCK, Husband and Wife,%-s Jo'in-~'Tenants with Right Survivorship, whose mailing address is 1470 Golden Gate Boulevard West, Naples, Florida 34120, as Grantor to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is ' 301 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 representntives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS (S10.00) 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, nomexclusive easernent, license, and privilege for drainage, sidewalk, 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 th(; same unto the Grantee, together w;th the right to enter upon said land. [)lace. excavate, remove all landscaping, trees, shrubs, improvements or fixtures located thereon and take materials for the purpose of constructing, operating and maintaining drainage, sidewalk 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 1he lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written Witness (Signature) Name: I , r, ~ ~ ~,_:.__;:_ (Print or Type) Witness (Signature) ~lSrini or Type) PIqlEIP ~ABCOCK Address: 1470 Gold~;n Gate Blvd. West Naples, FL 34120 rr,,:,,,ry,~,:CF ACCEPTED BY THE I',Tf CCH~!SSTONERS, ..... FLO?]nA, THE PROVI~IONS OR: 2606 PG: 0264 Page 2 Witness (Signature) Name: L '":' ~'- (Print or Type) Wit-h~es~-(Si6r~atur~) -'--- _ NameF .: ,),'~'-~'-'-=-~--'4-~ ..... (Print or Type) SY~V~ T. BABCOCK ,~,ddress: 1470 Golden Gate Blvd. West Naples. F[ 34120 STATE OF .... COUNTY OF , ' . The foregoing Easement was acknowledged before me this '~' day of ,~ ~ i, l~ . 1999. by PHILIP S. BABCOCK, who is personally known to me or who has produced . as identification. (affix notarial sea ) Ernes~ ~ Kerskie Expires June 2% BONDED THRU (Signature of Notary Publis) (Print Name of Notar/Public) NOTARY PUBLIC Serial/Commission # My Commission Expires: STATE OF F ,. ,', . ,,~, COUNTY OF ., , The foregoing Easement was acknowledged before mo this /Lf;''_ day of ~(: (': i' ~ 1999. by SYLVIA T. BABCOCK, vcho i~ personat!y known to me or who has produced : ,_._ ~'L-__._L.'_~ ......... as identification. (affix notarial seal) (Signature of Notary Public) Prepared b'y: ,,, ' * ' Robot N. Zachary,,,Es/qutre Office of the County Attorney 3~)1 East Tamlaml Tra~ '...2;;',, F~orida 34112 (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: *** OR: 2606 PG: 0265 *** OFFICE OF CAPITAL 3301 EAST TAMIAMI TRAIL (941) 774-8192 PROJECTS NAPLES, FLORIDAhJ4112 SKETCH OF DESCRIPTION (NOT A SURVEY) EXHIBIT_~ Page__.~~_ of ~ .... PROJECT NO. 63041 PROJECT PARCEL NO. 251 _39' I 75' EASf 75' FXISIING RIGHT OF WAY LIHE PROPF R f f LINE DESCRIPTION: TltE SOU lit 25 FEE r OF TIlE HORTH 7.5 FEE f OF THE WE?ST 75 FEE f OF THE EAST 150 FEET OF TRACT lB, GOLDEN GATE ESTAT ES UHIT t JO 9. AS RECORDED IN Pt~T 8OOK 4. PAGE 99. OF THE PUBLIC RECORDS OF COLLIER COUH [ Y. rt Or, fDA 1' = 10~' 20, GGR251 SHEET 1 OF 1