Parcel 352SWE PROJECT: 60118 — Cypress Way East Sidewalk Improvements
PARCEL No(s): 99999-352SWE
FOLIO No(s): 72670700027
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this , --A day of e rzvai Y , 2016, by and between
SAWGRASS OF NAPLES RESIDENTS' ASSOCIATION, INC., a Florida not-for-
profit Corporation , whose mailing address is do Gulf View Property Management,
2335 9th Street N.. #505, Naples, Florida 34103 (hereinafter referred to as "Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual,
non-exclusive Sidewalk Easement for the purpose of construction and maintenance of
a sidewalk over, under, upon and across the following described lands located in Collier
County, Florida, to wit:
See attached Exhibit "A",
which is attached hereto and made a part of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Easement requested by County.
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. RECITALS - All of the above recitals are true and correct and are hereby
expressly incorporated herein by reference as if set forth fully below, and all
Exhibits referenced herein are made a part of this Agreement.
2. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easement
to County, in a form acceptable to County and at no cost to the County, unless
otherwise stated herein. Said conveyance (Owner's delivery to County of a
properly executed easement instrument) is hereinafter referred to as the
"Closing."
CAS
Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easement, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Easement upon their
recording in the public records of Collier County, Florida. Prior to Closing and as
soon after the execution of this Agreement as is possible, Owner shall provide
County with a copy of any existing title insurance policy and the Closing
Documents, properly executed, witnessed, and notarized where required, in a
form acceptable to County.
3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement or within thirty (30) days of County's receipt of all
Closing Documents, whichever is the later. This agreement shall remain in full
force and effect until Closing shall occur, until and unless it is terminated for other
cause.
4. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all
fees to record any curative instruments required to clear title, and all Easement
instrument recording fees. In addition, County may elect to pay reasonable
processing fees required by mortgagees in connection with the execution and
delivery of a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement. County
shall have sole discretion as to what constitutes "reasonable processing fees."
5. EFFECTIVE DATE - 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.
6. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent
upon no other provisions, conditions, or premises other than those so stated
above; and this 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.
7. VENUE - 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 the
date first above written.
AS TO COU T
DATED: 2. :
.. /i ,
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BRO 'K,,Clerk
BY tPrn/frie �--
f May t0 , I y Clerk Donna Fiala, Chairman
signature on1\
AS TO OWNER:
DATED: 3,. ��20/ ,
SAWGRASS OF NAPLES RESIDENTS'
ATTEST: ASSOCIATION, INC., a Florida no -for-profit
corporation
kt Secretary BY: -���_
1` President
Approved as to form and legality:
.. ∎r■011L—,
Assistan 0,1ounty Attorney
Last Revised 12/10/2014
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1--.1 GRAPHIC SCALE
141I20 0 10 20
QA _ -
Lv/ ( IN FEET )
II ---____,
.N".,/ O TRACT "A"
,..;Zr, SAWGRASS OF NAPLES
P.B. 30, PGS. 24-25
/ V SAWGRASS OF NAPLES RESIDENTS ASSN INC
v
0 'm - - - 72670700027_ _
0/e.Li...,.. SAWGRASS COURT
cicn PRIVATE R -O -W
�,
POINT OF L3
BEGINNING
MOST WESTERLY CORNER '■\
TRACT "A", SAWGRASS OF NAPLES
/ 9
BLOCK D
PALM RIVER ESTATES
LINE BEARING DISTANCE UNIT NO. 4
L1 N 88'37'21" E 9.97' P.B. 8, PGS. 69-70
L2 S 01'22'39" E 19.98'
L3 S 88'37'21" W 16.63' PALM CREST VILLAS CONDO ASSN
65371760001
CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH
C1 730.00' 1'39'12" 21.06' N 1703'38" E 21.06'
LEGAL DESCRIPTION: PARCEL 352SWE
A PARCEL OF LAND LOCATED IN A PORTION OF TRACT A', SAWGRASS OF NAPLES, ACCORDING TO NE PLAT THEREOF AS RECORDED IN PLAT
BOOK 30, AT PAGES 24-25 OF 1€ PUBLIC RECORDS OF COLLER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE MOST WESTERLY CORNER OF TRACT 'A', SAWGRASS OF NAPLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 30, AT PAGES 24-25 OF THE PUBLIC RECORDS OF COLLER COUNTY, FLORIDA, THE SAME BEING A POINT ON A CIRCULAR CURVE;
THENCE ALONG THE BOUNDARY OF SAID TRACT "A" AND ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 730.00 FEET, AT A BEARING
OF N72•06'471W THEREFROM, THROUGH A CENTRAL ANGLE OF 01'39'12' AND BEING SUBTENDED BY A CHORD OF 21.06 FEET AT A BEARING
OF N1703'38'E, FOR AN ARC LENGTH OF 21.06 FEET; THENCE RUN N88'37'21"E FOR A DISTANCE OF 9.97 FEET; THENCE RUN S01'22'39"E
FOR A DISTANCE OF 19.98 FEET; THENCE RUN S88'37'21'W FOR A DISTANCE OF 16.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED. CONTAINING 265 SQUARE FEET
HOLE CERTIFICATE OF iAUTHORIZATION LB #1772 �l�H A B I T
Page / ofd_
P.S.M. # 6278
JOHN J. HILTON STATE OF FLORIDA
SEC-TWN-RGE:23-48-25 950 Encore Way PROJECT NO.
Naples, FL. 34110 15.009
BEN M111111 WWI Phone. (239) 254-2000 SKETCH AND LEGAL DESCRIPTION
HOLE MONTES Florida Csrtlfloate of REFERENCE NO.
H ° D : : MEM ENGINEERS MANNERS SURLEORS
..a0 Authorization No.1772 SW EAS
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