Folio #'s 61833920105, 70820320000 & 70820280001 PROJECT: 60094 — Kirkwood Avenue Extension Phase II
PARCEL(s): 105DE/TCE, 106DE/TCE, and 107DE/TCE
FOLIO(s): 61833920105, 70820320000 & 70820280001
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this day of \Ao\rcArl-,\L'eyr— , 2017, by and between
SOUTHERN REGION DEVELOPMENT, LLC, a Florida Limited Liability Company
whose mailing address is 364 Edgemere Way N, Naples, FL 34105 (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 Drainage
Easement over, under, upon and across the lands described in Exhibit "A" and a
Temporary Construction Easement over, under, upon and across the lands described in
Exhibit "B" (hereinafter collectively referred to as the "Easements"), which are attached
hereto and made a part of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easements 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
Easements 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
Easements 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 properly executed easement instruments) is hereinafter referred to as
the "Closing."
t'AO
Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easements, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Easements 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
instruments 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 Easements. 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 Easements 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.
Page 2 of 3
C
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TOC U NTY:
DATED: ov a2)2DI-1
ATTEST: BOARD o F ' • NTY COMMISSIONERS
DWIGHT E. 'OCK, JerkCOLLIE" • • TY, FLORID,
.,0
1' r BY:
A ' as to Chairman's.Deput Clerk'+ PENNY TAgfOR, CHAJOAN
signature only
AS TO OWNER:
DATED: p���/Jur, SOUTHERN REGION DEVELOPMENT, LLC,
a Florida Limited Liability Co •_
Witrrss (Signature) JO 1116 ASKEY, JR, -mber
Name ('rint or Ty•e
��-
Witness is nature)
c-c a 14...C4-cc-
Name (Print or Type)
Approved as to form and legality:
'. W/VENIIIIL
Assistan "ounty Attorney
Last Revised 12/10/2014
Page 3 of 3
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PROJECT NO. 60094 EXHIBIT
PROJECT PARCEL NO. 105DE Page .Of .i I
PARENT TRACT FOLIO NO. 61833920105
LEGAL DESCRIPTION & SKETCH
(NOTA SURVEY)
PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT
THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THE EAST 65 FEET OF THE WEST 254.4 FEET OF LOT 29, NAPLES GROVE ANDRECORDED TRUCKIN
COMPANY'S LITTLE FARM
NO. 2, ACCORDING
TO THE PLAT THEREOF AS
PLAT BOOK 1, PAGE 27A OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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Collier County Growth Management Division-Transportation Engineering Department
0 06/14/17 2:38 PM
PROJECT
PROJECT PORCE LNO. 106DEfl���� f�
PARENT TRACT FOLIO NO. 7082032000 Page_ of 3
LEGAL DESCRIPTION 81 SKETCH
(NOTA SURVEY)
PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT
THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOTS 25 AND 26, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT
THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED
IN O.R. BOOK 3595, PAGE 1943, AND TOGETHER WITH THE EAST 85 FEET OF THE WEST
339.4 FEET OF LOT 29, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARM NO. 2,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A, ALL OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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Collier County Growth Management Division-Transportation Engineering Department 06!14/17 2:41 PM 011:1
PROJECT NO. 60094 EXI4r91T
PROJECT PARCEL NO. 107DE ...0.0012.."'.
PARENT TRACT FOLIO NO. 70820280001
Page
LEGAL DESCRIPTION & SKETCH
(NOTA SURVEY)
PERPETUAL, NON—EXCLUSIVE DRAINAGE EASEMENT
THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY:
o
LOTS 22, 23, 24, 27, 28 AND 29, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED
ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO.
2004-217 RECORDED IN O.R. BOOK 3595, PAGE 1943, ALL OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
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06/14/17 2:43 PM CA
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PROJECT JECT NO.PARCEL 60094 E�CHiBI _'T
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PARENT TRACT FOLIO NO.61833920105 Page �s of _�
LEGAL DESCRIPTION & SKETCH
(NOTA SURVEY)
TEMPORARY CONSTRUCTION EASEMENT
DURATION: ONE YEAR
THE NORTHERLY FIFTEEN FEET OF THE SOUTHERLY THIRTY FEET OF THE FOLLOWING
DESCRIBED PROPERTY:
THE EAST 65 FEET OF THE WEST 254.4 FEET OF LOT 29, NAPLES GROVE AND TRUCK
COMPANY'S LITTLE FARM NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 1, PAGE 27A OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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Collier County Growth Management Division-Transportation Engineering Department 06/13/17 1:29 PM �.+Af•
PROJECT NO. 60094 EXHIBIT-""1-
PROJECT
XHIBI 1PROJECT PARCEL NO. 106TCE �Of
PARENT TRACT FOLIO NO. 7082032000 Page""""'
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
TEMPORARY CONSTRUCTION EASEMENT
DURATION: ONE YEAR
THE NORTHERLY FIFTEEN FEET OF THE SOUTHERLY THIRTY FEET OF THE FOLLOWING
DESCRIBED PROPERTY:
LOTS 25 AND 26, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT
THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED
IN O.R. BOOK 3595, PAGE 1943, AND TOGETHER WITH THE EAST 85 FEET OF THE WEST
339.4 FEET OF LOT 29, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARM NO. 2,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A, ALL OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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PROJECT NO. 60094 EXHIBIT--
PROJECT PARCEL NO. 107TCE
PARENT TRACT FOLIO NO. 70820280001 Page 3
of .&
LEGAL DESCRIPTION & SKETCH
•
(NOTA SURVEY)
TEMPORARY CONSTRUCTION EASEMENT
DURATION: ONE YEAR
THE NORTHERLY FIFTEEN FEET OF THE SOUTHERLY THIRTY FEET OF THE FOLLOWING
DESCRIBED PROPERTY:
LOTS 22, 23, 24, 27, 28 AND 29, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED
ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO.
2004-217 RECORDED IN O.R. BOOK 3595, PAGE 1943, ALL OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
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Collier County Growth Management Division-Transportation Engineering Departm06/13/17 1:39 PM