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Parcel No. 803 PROJECT: Rattlesnake Hammock Rd. PARCEL No.: 803 FOLIO No.: 00423920000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this llTlf day of oC- TO,et:A.. , 2004, by and between HUNTINGTON WOODS HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida Corporation, whose mailing address is 6064 Huntington Woods Drive, Naples, FL 34112-2981 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a perpetual, non-exclusive Drainage Easement 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 "Easement"). WHEREAS, Owner desires to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Easement; 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. 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. Owner shall convey the Easement to Purchaser for the sum of $600.00 (Six Hundred Dollars), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys fess and expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, 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. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Page 2 5. 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. 6. Owner represents that the property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. 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 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination, Consent & Joinder of Easement of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2, which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, and all compensation, costs and/or fees required to secure and record releases or satisfactions from judgment creditors, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the proceeds of the purchase price payable to the Owner. 9. 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. 10. Conveyance of the Easement 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. 11. If the Owner holds the property underlying the Easement 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 underlying the Easement before the Easement held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Page 3 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this II n+ day of (:) C T oB~.{ , 2004. Date Acquisition Approved by BCC: (0 l1. 8 I :1 oo:? . AS TO PURCHASER: DATED: ((') I \ 2./2.DO 4. ATTEST: I() - 1'1- oL{ ..~~I~¿I)E.BROCK, Clerk ;:þ,'o' .' ,..... "<:"ç;,o i!:.. "'"-u:..... ' \>' .'('..._0 . ~'~~t;. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~.?V-, d~Øc. Donna iala, Chairman DATED: 09:- (()- 2o()4- Huntington Woods Homeowners Association of Naples, Inc., a Florida corporation ~~~ . Witness (Signature) Name: ahY///;¿ Sð~ fl¡¿ri~ Witness (Signature) ~ Name: Pê/!¡SI&- r9-i<H5Tl1oIJG (Print or Type) BY:~_~ Geraldine Harvatt, President Approved as to form and legal sufficiency: ~v~ /Éllen T. Chadwell Assistant County Attorney EXHIBIT Page I A of 2- .roo- _. À. SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUN TY, FLORIDA PARCEL NO, 803 PROPERTY OWNER: EDWARD A. LlEBHABER REFERENCE: Q,R, 1333. PG, 1858 STRAP NO.: 502616138.0265816 l- V) ~ <0 ('o,¡ t5 ;:: « a:: iÊ ::> ~ o II) Q.. ð'j ~ e <Ò ;:: o f:;: u ~ ....3t3t.... . 11 11 11 lu !~r4!~~ p,..j3,..¡.., gmgmg ~ ~~"''''~ ~~~~~~~ ~::¡~:¡~~ P.O.C. P.O.B. R.O.W, <: ~ .,:¡ <o~ U -rn ~ "U'\ '-0 ~O 0 ~~::>~ ¡¡J-~O> j!:~j!:~ QÕ~~ <:!XI~~ ~a:!/)"" UO~~ )... ~~ ~ ~ !XI ~ ~ co S :gco <:) eJ-~ ~ ~~~ U to~q) \ii I') ~(¡ :::¡ t<) Cò . :1Cò ~-~ Q '0 ~ ~Š: o ß!XI~ ~ a:~ ~ 0 :x: f3 co ~Õ~ gs§ ~Õ~ co ;::Cò ~~~ QI.&J'O Ik:j!:.... ~ ::>0.. R:....~ ~ ~ ~¡¡¡ ad ...", ¡;:j~ ~§ ~ ~ 8 Q:' ~~ ~:J ~ ~~ n: ~~ o o + t" 0\ ... /r) 2~:¡¡- II.: ~ ~ /r)¡¡¡ - "ad a:: ... '" ;1 ~ ¡¡¡ d '" <> ~ E ~ ~ ¡:: ~ ~ ; Q ~ ~ o o + o 0\ ... 1'<)1<) 0", "d 0-: ;1 I I I I~ I ~ I~ I ~ I~ ~ ¡~ "" ~ ., ... '" OJ '" " '" oi 10 '" o o + ctI ~ I I I i I I ~I<) I ~ I fd:E: I i I ~: I ~ I i!:~ I " I . g ~~ I ~ I I; I ~ 1ï;:!:!'1<) ¡ ~ i h· P.O.c. yJ~~ STA. 185+02.50 ~ POINT OF COMMENCMENT = POINT OF BEGINNING RIGHT-OF-WAY ~ !'Ì Q ~ ~ J-Z--c::1 SCALE: 1" = 80' I~ I ~ ::> I", I uQ:- I ~ I ;ï!: i!:~ - '0 ¡ I ~~g ;öt 0 ~!/)~ I CL. I ~~ I ~ I ~~~ I i I 1.uQ..~ Q: .'0 !II!:::.... CL. I g I ~o)Q.. ~ Q: ~Š~ ~ I ~ I ~~ I ~ !XI I- ~&: ~ a: V) ., . 0 ~ 10 ~:J I ~ I co ¡In ('o,¡ t5 ;:: ~I « .. a:: - I I t 3!: I I 0 ::> 0 a: V) 8 I a II) - I I "- I ~ I Q.. ~ ð'j 18 ~ a: I! I f2 u I B I '" I~ ~ /r) CI - ~ ð co Q: I ::> f:;: ~~ u Š I ~ I ~ I _rR ~ (I) ìò § ~ I ~ I gf3g ~ I ~ I ~(.!)- I ~ I ~~~ ~ ~ ~ ''0 ~ I", I 0).... t'l Q.. ~ I ~I ~ I i I š~ !XI ¡¡¡ a: I d I 0 I'" I ~ I I I I I I I I ~ II) ¡;¡ ~w ¡:: ~:E: b~ ~ui ::J~ i!: ~~ ui = LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL &03 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION ....!,I\ ::::IH.GNOLI ·····13 I:::: I3:BER & ...... ...... ...... RUNDAGE,IIfC, Professional engineers. planners, c!c land surveyors Cow.. eo.....tr- SuIte 100, 7_ TomIomI Troll, HorIIa¡ H.pl.., n. Ml08 !841)887-ll11 .... Co....tr- SuIte 101, 1810 -417 l!t...t. 'ort 1f.1.... n. 11801 8.1)117-1111 Certltlo.t.o 01 ¿ut!>orl..u_ No.. LB ... on4 .. _ ,os: (Nl)68ð-UOI 1/15/04 BY: GEORGE W. HACK Y. P.S.M. NO. 5606 SCALE: 1" - 80', DATE: OCT. 3, 2003 DRAWN BY: JAN PROJECT NO.: 8315 ACAD NO: 8672-SD10 FILE NO: 8672 EXHIBIT It Page 2- of '2 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER CO UN TY, FLORIDA LEGAL DESCRIPTION OF PARCEL 803 ALL THAT PART OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89"13'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16 AND ALONG THE SURVEY BASELINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864 - 100' R,O,W.) A DISTANCE OF 659.27 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID BASELINE NORTH 0'46'14" EAST A DISTANCE OF 50,00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD AND THE SOUTHEAST CORNER OF HUNTINGTON WOODS CONDOMINIUM; THENCE NORTH 0"03'46" EAST ALONG THE EAST LINE OF SAID HUNTINGTON WOODS CONDOMINIUM A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 0"03'46" EAST ALONG SAID EAST LINE A DISTANCE OF 9.33 FEET; THENCE LEAVING SAID EAST LINE NORTH 89"13'46" WEST ALONG A LINE 26.83 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 17.00 FEET; THENCE SOUTH 0"03'46" WEST A DISTANCE OF 9.33 FEET; THENCE SOUTH 89'13'46" EAST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 17,00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 159 SQUARE FEET OF LAND MORE OR LESS; ....11\ ::::H.GNOU .....(3 ::::: :ARBER & ······13 ...... ...... RUNDAGE,Dlc. Professional engineers. planners, & land surveyors cow... Co_1.7: SUite ZOO. 7400 TOJDIamI TraIl, 11_ Ifapl.., n. 114108 (841)8117-1111 Le. Co_1.7: SUite 101, 1811\ H.....,. ftro.t, Port 1f,Jw1. n. 38801 ("1)887-1111 Cori1t1oate ot J.uu>ortaaU_ Ifo.. LB Sl84 ...4 IB al84 r_ (1I41)88t1-220a LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCEL 803 .. CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION '" - BY: L hjl¥~·· 1/15/04 GEOI(GEy.J,· HAC~EY P,S.M. NO. 5606 SCALE: N. T.~. DA TE: OCT, 3, 2003 DRAWN BY: JAN PROJECT NO.: 8315 ACAD NO: 8672-SDlO FILE NO: 8672 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: