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Parcel 502 PROJECT: Rattlesnake Hammock Rd. #60169 PARCEL: 502 SLOPE EASEMENT AGREEMENT THIS SLOPE EASEMENT AG~EMENT ( ereinafter referred to as the "Agreement") is made and entered into on this ~ day of ,20M, by and between SHEPHERD OF THE GLADES lUTHERAN HURC, INC., a Florida corporation (hereinafter referred to as "Owner"), whose mailing address is 6020 Rattlesnake Hammock Road, Naples, Florida 34113, and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive Slope Easement over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting in a slope transition from the edge of the new sidewalk to the owner's property instead of the construction of a retaining wall and guard rail, and 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. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 5. 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. 6. 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. 7. 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. 8. 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, 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. 9. 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: 1/10 /0 " ~ ';.,.,..-' A TTaSI:': DWìGHTE', BRPCK Clerk ~; '~..G;: ~ ':::, , " ':,>..;~" eputy Clerk "~~~;;4,~'~to Cha 1na.sn·, st9nlt&ir.e' on 1. . BOARD OF COUNTY COMMISSIONERS :~LLlE~Y~LO~man AS TO OWNER: WITNESSES: /',='\ ~ J 41 Witness (s1g ure) Name:J.\16 {2.A L. L AI'-J D6L'QØì (prin~ ~ Witne~re) Name: ÀLLJ~~Ù~ St\t-.Cj\CZ, (Print) Shepherd of the Glades Lutheran Church, Inc., a Florida corporation J (J By: ~ G~2t~ ~~~ª~~~ttdxtœi~m: Harlo Peterson, President Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney 2 EXHIBIT A Page-Lof j SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA P ARCa NO. 502 PROPERTY OWNER: SHEPHERD OF THE GlADES LUTHERAN CHURCH REFERENCE: O.R, XX XX. PC. yyyy STRAP NO.: 502616018.0005816 ;" ..: ... l- V) ¡:¡ 10 C\. ~ ~ ~ Q: ! ~ ;z ã:S :2 e:ï - :R ~~~ !~~ ~ :::¡!1~ ~ì1~ '-~ ~ !~; ~ O(Qe: J::: L&J a:: \I) ~ d ::z: j!:- ~ C It) ¡ E !~i ~Õ~ ~~ä ~~, ~3~ ~ ~ ¡:: ~ ... §""'--" ;jii i :z::z:'" ~;~!! ~::;~:J CXlSTlNG R, 0. If. II£ST UHC OF' SOU7J/II£ST OUARTER",\ seCTION Ie, nIP, 50 s.. RG£, ze c. H 00'03'07" II' Z55o.l. .T CAST UHC OF' SOU7J/CAST OOARTER seCTION 7. nIP, :50 s.. RŒ. 25 C, ROYA.L WOOD GOLF A.ND COUNTRY CLUB UNIT ONE, TRA.CT P (POLL Y A. VENUE) P.O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY I , _1:t.1J.!:.~__ 57.50 , ~I ¡ I ~I 1 i! § ~ii' S 3! ~ I' ~I~ ~ /:it ,... .~ ¿~ ~~, Q.; .... ........, ~ ~!I c:i IIè ...' ~ 8 + ~ 8 ... ~ 8 + (:) ~ C\1oJ CIIi "s ~~ ~i 8 + ~ ,., Iõ ~ ~ c:i ~!¡I I IIè I ~ bti I ri ~ I I I ~ I ~ ~I I '" '" Iõ ~ :' d ~:~ ... ~ '" ~ 1 , ~ ! ij! i i:¡ .. I IIè 1 ..; ~ d ~1oJ ~ 1....1 ~:-:,.; I R b~ (j l w.,¡:; '~I ~~ ~ I Q! 1 n~ lJ ~ ~ I I ~ ' 1 ê 1 ~ 1 1 I 1 I I 1 It) - co ~ ~~ ~§ ~~g ~~~ Q.;~ ~!Ô~ ~", ~~ ~~ a:: d ~ -.J-Z-c::::I SCALE: 1" = 80' ... l- V) ¡:¡ ~ ~ <: ~ j!:' ~ ~ ~ ~ ¡ E è\¡ ~ ¡:: ~ .., ST. A.NDREWS BL \00. .} 11/ (' ( ~ , " , LEGAL DESCRIPTION/iN'C/:\~~E\-CH 'SHEET 1 OF 2 DESCRIPTION: PARCEL 502 CLIENT: COLLIER COUNTY TRAN$PORTATION, DIV!SIPN THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ..... .... .... ..... ..... ..... ...... :::::: RUNDAGE,IIIC, Profeulonal eniineers. planners. & land IW"'\Ieyol'8 CoW... c....v. 8lalIoo _. 'fOG T_ T1raIl, "_, "...... PI. 1141. (1141)1"-1111 LoN Co...v. 8lalIoo 101. I'" ....,. -to Fen 1C7'on. PI. 11101 (1141'"'-1111 CertUI..Ioo of AutlwrlaaU.. "No Ia _ ... D _ ru, ("1)1e1-IIOI ~1oJ ~~ b~ ~.,¡ ~ b L1 H 00'''''." E: :50,00 I 1 I I ~~ ~ - d-~ ~i~ 1 ~~~ L 9~~ .., .,¡ I~ .......101 ii:-: ~~~ BY: , G 0 E SCALE: 1" "" 80' DRAWN BY: JAN ACAD NO:8672-SD32 , I . .. 5606 2005 8315 8672 EXHIBIT A . page..-L of :J SECT/ON 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 502 ALL THA T PART OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LYING NORTHERL Y OF RA TTLESNAKE HAMMOCK ROAD (C,R, 864) (100' RIGHT OF WA Y) AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T 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 RA TTLESNAKE HAMMOCK ROAD (C.R, 864 - 100' R.O. W,) A DISTANCE OF 66.79 FEET; THENCE LEA VING SAID SOUTHERLY LINE AND LEA VING SAID BASELINE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE NORTHERL Y RIGHT OF WA Y LINE OF SAID RATTLESNAKE HAMMOCK ROAD AND THE EASTERL Y RIGHT OF WA Y LINE OF POLL Y A VENUE; THENCE ALONG SAID EASTERL Y RIGHT OF WA Y LINE NORTH 00'03'07" WEST A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN B£lNG DESCRIBED; THENCE CONTINUING ALONG SAID EASTERL Y RIGHT OF WAY LINE NORTH 00'03'07" WEST A DISTANCE OF 4,00 FEET TO A LINE 21.50 FEET NORTHERL Y OF AND PARALLEL WITH SAID NORTHERL Y RIGHT OF WA Y LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 89'13'46" EAST A DISTANCE OF 312.02 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 00'46'14" WEST A DISTANCE OF 4.00 FEET TO AN INTERSECTION WITH SAID NORTHERL Y RIGHT OF WA Y LINE; THENCE ALONG SAID NORTHERLY RIGHT OF WA Y LINE NORTH 89'13'46" WEST A DISTANCE OF 311.96 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,248 SQUARE FEET OF LAND MORE OR LESS; ..... .... .... ..... ..... ..... ...... ====== RUNDAGE,II<C, Professional engineers. plannen. & land øurveyon Cow.. CoWllto IluJte aoo. 1400 TOJaIOJaI TroD. Ifortlo, Ifopl_. n. UIOB (141 )e17-1I11 Lo. COWllto SUIte 101. 11211 IIoa4r7 stroot. '.rt 1r.Jwo. PL 18101 (141)111-8111 C.rUtloote or Autborl..U.. Ifo.. L8 _ ... D IS" '0>1. ("I)eM-I.OI , I ! (. I) I /", /,' / . c-<'~ ~~~",.,';' '.. . t,l.'f/ LEGAL DESCRIPTION ANÓ/ SKETCI-{ /SHEET 2 OF 2 DESCRIPTION: PARCEL 502.:.> CLIENT: COLLIER COUNTY TR / BY: _ / : HA , , E'y\,,~',S:M, NO, 5606 N,T.'S:" "ÔAtÊ: DEC. 2. 2005 DRAWN BY: JAN' PRÓJECT NO,: 8315 ACAD NO: 8672-5032 FILE NO: 8672 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: