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Parcel 227 & 627 PROJECT: Santa Barbara #62081 PARCEL No(s): 227 and 627 FOLIO No(s): 28430280100 AGREEMENT THIS AY;EEMENT (h e;nalter re'effed to as the "Agreemenr) is mede end entered into on this /1. day of , 20blz.., by and between COLONIAL BANK, an Alabama ban ing corporati ,whose ailing address is 27200 Riverview Center Blvd., Bonita Springs, FL 34134 (hereinafter referred to as "Owner"), to COlliER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive Road Right-of-Way Easement (Parcel 227) and a perpetual, non-exclusive Sidewalk Easement (Parcel 627) (said easements hereinafter referred to as the "Property"), over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, located within an existing 80' Drainage and Utility Easement dedicated to the County via the plat of Countryside at Berkshire Lakes, Section 1, according to the plat thereof, recorded in the public records of Collier County in Plat Book 14, Pages 50-52; and WHEREAS, Owner desires to convey the Property 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 Property 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 . 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 Property to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. 3. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 4. 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. 5. County 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 of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any compensation, costs and/or fees required to secure and record releases or satisfactions, shall be the responsibility of the Owner. 6. Conveyance of the Property 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, shalt constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written ."--_._--",,,,-,,,,,,,---,--;,._~.,,,"" Agreement Page 2 or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 7. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COUNTY:; DATED: I / ~ ð & ATTEST: BOARD OF COUNTY COMMISSIONERS .. D,.;,~G.....r,....,.,..T...'. ,~..B. .ROCK. Cierk COLLlE~LORIDA ~ .,~W ~,..,.O.(.8Y: W. _,,"; "')i~t;...·. epu Clerk ,Chai :~," ".. ~.,.~·.\Atte,..t.S to ,..,a t-·..· .-, . ,",' . ," "", -, , "', :~ .:~,,:YI s tg...tutt on 1 . f !;.. ; .' COLONIAL BANK, an Alabama banking corporation Name: ~ Cx -\- ~'I C ooV esl{y By: /~~. ~ -- ~ Witness (Signature) Name:æx7'~Ì'} 7: Qc,·'/I (Print) Approved as to form and '~CienCY: îy~~~ Ellen T. Chadwell Assistant County Attorney ---~-""--,,,,,,---_.,.,.,«,.- .-.' ", '~-",~"'~"-'''"'''''---'"'-''"'----~---' /l ~~ ;8 ~~ ;;:~ ~:::¡ ~~ 1Ij~ ~~ VI.... ~~ I I COUNTRYSIDE A T BERKSHIRE LAKES SECTION / PLA T BOOK 14 PAG£S'50-52 TRACT 10 I O,R. BOOK 2J90 PAGE J098 I I PARCEL 227 ROADWA Y EASEMENT 2279 SQUARE FEfT !:) ~ ~ ~ CJj ttI c 8 5 ~ 9 4 ~ ~ Š ~ ~ ~ !i:ì iõ ~r-- : r;¡- I 0 ~ ~ ~ I ~ GRAPHIC SCALE i "'- COUNTFlY9O< AT 8£RKSHIRf LAX" I SECTION / TRACT 10 R£PLAT PLA T BOOK JJ PAGES 49 ~ 50 I I 200 LINE LI L2 LJ SANTA BARBARA BOULEVARD O,R, BOOK 244/ PAGE 219 LEGAL ÐfSCRIP TION ALL THAT PART OF COUNTRYSIDE AT BERKSHIRE LAKES SECTION 1, TRACT 10, PLAT BOOK 14, PAG[S 50-52. COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING A T THE SOUTHEAST CORNER OF SAID TRACT 10; THENCE ALONG THE SOUTH LINE OF SAID TRACT 10 SOUTH 89'53'4 r WEST 90.75 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 50'43'11" EAST 103,01 FEET TO THE EAST UNE OF SAID TRACT 10; THENCE ALONG THE EAST UNE OF SAID TRACT 10 SOUTH 0/'02'22" EAST 50,22 FEET TO THE POINT OF BEGINNING. CONTAINING 2279 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS &- RESTRICTIONS or RECORD, --- NOT A SURVEY --* LAN T R. ~ 'é. . ~( SURVEYOR tk MAPPER FLORIDA R£G/STRA ' LS /5621 NOT VALID UNtESS SlGNE[) BY THE SURVEYOR AND SEALE[) 'MTH THE SURVEYOR'S EMBOSSED SEAL CERFIFICA TE OF AUTHORIIA nON I LB-4J PIIO,[CT NO" 62081 PNlctl ..0, , 227 Wil.Mille'··~~- _...................--..~....- .~- ~iIc. ....,..,......-.-.ToII -....l1li.....---.--.",-.-- EXHIBIT ..lL. ~.-L of.,L «_ IIA£ lAD ao _III =:,':::r~'==rr 'I'JrDI r-J ~ nOlllA CASr lf1N{, LEGEND: I,>,,,,,,,"'''' '" 'i EXISTING R.O.W. ~ ROADWAY EAS[lr/ENT R,O.W. - RIGHT OF WAY P,O,B, - POINT OF BEGINNING P. 0, C, - POINT OF COMMENCEMENT cutNT, COllIER COUNTY TRANSPORTA TlON. ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION ~TL.[, SKHCH AND DESCRIPTION B!ING PART OF COUNTRY$JO! AT Bt:RKSHIR! LAKES SECTION I. TRACT 10, PLA T BOOK 14, PM;!S !x)-!J2 COLLIeR COLIN TY, F'L ORIOA po C NI,I N6022-002-010- TOHWP 227 OF XXX . "__""~''''''''__'_''_'''__'''__'''''__M""",__'_"'''''''''''"''''''''''_''''''''''.........,"~.^"--~."'''~........,,'-"_.,......._~..,,''''.~-''"''"'.._''' " ¡¡; ~ :s CIj t:c c B 5 ~ 9 4 ~ ~ ~ ~~ \ ~-r-- i~ : ~ c:: I 02150 \00 ." ¡; I ~ GRAf>HIC SCALE ~~ I ~~ : PARCEL 1 ~ :t I COUNTRYSlOE Al BERKSHIRE LAKES "" .... I SECTION 1 TRACT 10 RfPLA T 7Ji £AST IJN£ Of I'A1/C£I. I PLA T BOOK JJ PAGES 49 tk 50 I I I I I COUNTRYSIDE AT I 8ERKSHIRE LAKES I SECTION I PLA T 800K 14 I PACES 50-52 TRACT 10 p,R. BOOK 2J90 PACE 309 I I 200 PARCEL 627 SIDEWALK EASEMENT 1232 SQUARE FEET s:> ¡Q ~ ~ ~ ~ SANTA BARBARA BOULEVARD OR, 800K 2441 PAGE 219 LEGAL D£SCRIPTlON AU THA T PART OF COUNTRYSIDE AT 8ERKSHIRE LAKES SECTION /. TRACT /0, PLA T 800K 14, PAGES 50-52, COLLIER COUNTY, FLORIDA, AND 8é1NG MORE PARTlCULARL Y DESCRIBED AS FOLLOWS.. COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 10; THENCE ALONG THE £AST LINE OF SAID TRACT /0 N01'02'22"W 50.43' TO THE POINT OF BEGINNING; THENCE L£AVlNG SAID £AST LINE SOUTH 89'53'41" WEST 176,02 FEET TO A POINT ON THE EAST LINE OF PARCEL 1 AS SHOWN ON COUNTRYSIDE AT BERKSHIRE LAKES SECTION ONE TRACT /0, REPLAT, PLAT BOOK 33 PACE 50; THENCE ALONG SAID £AST LINE NORTH 0/'02'22" WEST 7.00 F£[T; THENCE L£AVlNG SAID EAST LINE NORTH 89'53'41" EAST 176.02 FEfT TO A POINT ON THE £AST LINE OF THE AFOREMENTIONED TRACT 10; THENCE THENCE ALONG SAID £AST LINE SOUTH 0/'02'22" £AST 7.00 FEfT TO THE POINT OF BEGINNING. CONTAINING /,232 SQUARE FEfT MORE OR LESS. SU8JECT TO EASEMENTS ok RESTRICTIONS OF RECORD. --.. NOT A SURVEY --- EXHIBIT -Â... ''''~of~ LINE LI L2 LJ L4 LEGEND: L5 ~ "'" "'" "'" "'" "'" "'" "I EXISTING R,O. W. I<XXXXX><)< SlOEWALK EASEMENT R.O. W. .. RIGHT OF WA Y P,O.8. .. Po/NT OF 8EGlNNINC P,O.c. .. PO/NT OF CO/JMENŒMENT LAN, AL SURV£YOR tk MAPPER FLORIDA C/$TRA. LS /5627 . ,¡; NOT VALID UNLESS SIGNED 8Y THE SURV£YOR AND SEALED WITH THE SURVE:YOR'S EM80SSED SEAL. CERF'lFlCA TE: OF AUTHORIZA TlON I L8-4J IC_AllC_Iilf_'" _ 0"'''' (lULÞ) ,.....,.. __, STAir fIMtt_/I" S>S1I1W(FIrO)_n_wrlOllC. MOJ£CT NO,: 62081 PNIC£I. NO" : 627 Wi"Htii-·~-- _........A!cMWI.~. ~~ .~~ ~"' .....""'.....-.-.. __1.-"'.'''-_'__''''_'_-- ClI£ÞIT, COWER COUNTY TRANSPORT'" TrON. ENGINeERING It CONSTRUCTION MAN...GEMENT' OIVlSlON TIT\,(: SKETCH ANO OESCRIPTlON BEING PART OF COUNTRYSIDE AT BERKSHIRE LAKES SECTION I. TRACT 10, PLA T 800K '4. PAGES 50-52 COLLIER COIJNTY, F'LORIOA --- - ---.-- .~_._,.._--- ------- ,_._""--"~----,.--~"....__.._...._~_._'~_.._"--~.,....,_.,~~........_",,_.....~.~"-"~