Parcel 533/733
PROJECT: Collier Blvd/Project #60001
PARCEL No(s): 533/733
FOLIO No(s): Portion of 73620100566
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this 7')1"1-1 day of JULY , 2006, by and between HAMMOCK WOODS,
L.L.C., a Florida limited liability company, whose mailing address is 42 Barkley Circle, Suite
3, Fort Myers, Florida 33907 (hereinafter referred to as "Owner"), and 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 easement for the purposes of constructing and maintaining an earthen fill slope
over, under, upon and across the lands described in Exhibit "A", attached hereto and made a
part of this Agreement, and a 2-year Temporary Construction Easement over, under, upon
and across the lands described in Exhibit "B", attached hereto and made a part of this
Agreement (said easements described in Exhibits "A" and "B" are hereinafter collectively
referred to as the "Property"), and
WHEREAS, Owner recognizes the benefit to Owner 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 properly executed easement instruments) 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. Closing shall occur on or before August 4, 2006; 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.
Agreement
Page 2
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.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
Agreement
AS TO COUNTY:
DATED: JULY 25, 2006
A TTES1;:,:. ..'
DW1GHTE;~B:80CK, Clerk
,"" '." . ..,.
,~. t~st4sto'~i~uty Clerk
i r."t9~~,)~fll ,.....
AS TO OWNER:
DATED: ,\\O~
WITNESSES:
S\) 10 Ll.Ec'k L
(Signature)
Si ature)
jeJ\rA L. ~tHe
(Printed Name)
WITNESSES:
S gnature)
~rlC^ L.- ~tH<
(Printed Name)
Approved as to form and
legal sufficiency:
h_L V~
Ellen T. Chadwell
Assistant County Attorney
k
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~f'~
Fr alas, C airm n
HAMMOCK WOODS, L.L.C.,
a Florida limited liability company
BY: (;~2u~
Ronald L. Davis
Co-Manager
HAMMOCK WOODS, L.L.C.,
a Florida limited liability company
BY:~~
Robert L. D'Andrea
Co-Manager
Page 3
Parcel 533
;
., 1 I .
\ \... II I , , _.____....__..____..
1 n _~_L_.__..______. __ _____u----------.-n-n..----- n___ - __.n_._ -.- .-.-.-.-.- ----.---. ---..-----
. --.-- - RATTLESNAKE HAMMOCK ~OAD
- 3'x4' SIGN EASEMENT
O.R,BOOK 3070, P. 1475
PO B _________ ____ ...._______.______._____ --------- - - --'--;:R'Acr- -6 - --' --- - - -- ---- - -- - --- --- - - -- -- - ._u .u_ --1
__.__u____ N8T48'19"E 326.88'
.sa:7:.4ll:1 g: YL:U6,.;lQ.:
t--l;;~.B.E. PARCEL
I &: D.E. 533
~10' P,U.E.
I
I
I
I
I
\
I
I
8 :
~-
,,-.,
-
If)
0'1
I I
I a::
u~
I~ :~
I~ ~ in
I~ mN
a::
Iz w
:J
-l
o
(,)
...,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
)
I
I
AS DESCRIBED IN I
..., Io.R. BOOK 2909, I
! PA~~~~3~_--_--------.,Troct [K
r - I
I
I
I
::;
11'
LOT 4
LOT 3
SIERRA MEADOWS
PLAT BOOK 39
PAGES 1 1 -1 3
24' ACCESS
EASEMENT
---------
~~
-------
r--r-
I
LOT 5
NOTfS:
I. This;s not 0 survey.
2. 80sis of bearing is the West line of
County Rood 9S1 (C.R. 9SI) bein9 N
00'SO'44" f, Florida State Plane Coordinates
NAD 8J/90, fast Zone.
Legal Description
The North 1 1.00 feet of Lot 3, Sierra Meodows, os
recorded in Plot Book 39, poges 11 through 13 of
the Public Records or Collier County. Florida, being
more particularly described os follows.
J. Subject to easements, reservations and
restriclions of record.
Beginning ot the northwest corner of said Lot 3,
soid point olsa lying on the southerly right-of-way
line or Rolllesnake Hommock Rood; th.nce North
87'48'1 g" Eoat along said southerly right-ot-woy
line, 0 distance or 326.88 feet to the .ast line or
said Lot 3; th.nce South 00'50'44" West along said
line, 0 distance at 1 1.02 f.et; thence leaving said
line South 8748'19" West, 0 distance of 326.30
re.t to the west.rly Iin. ot said Lot 3; th.nc. North
02'11'41" West along said west.rly line, 0 distance
or 1 1.00 r.et to the POINT OF BEGINNING.
4. Easements shown hereon 0'" per plot,
unless otherwise noted.
S. Dimensions ore in feel and decimals
thereof.
6. Certificate of authorization L8 4J.
7. R/W r.pr.s.nts Right-of-Way.
8. P.O.B. reprnents Point of 8eginning.
9. P.O.C. reprlrSents Point of Commencemen
10. O.R. represents Officiol Records.
II, L.B.f. represents Landscape 8uffer
fosement.
12. U.f. repr.sents Ulilily fasement.
IJ. F.P.L.f. represents Florida Pow.r It Ligh!
fasement.
14. D.f. r.presents Drainage Easement.
IS. S.f. reprtlsents Sidell/olk Easement.
PIRPETUAL. NON-EXCLUSIVE~' represents Public Utility Eosemtlnt.
. . U8EIIENT
Containing 3,594 square feet, more or less.
N
~
D Z'!lD 100
GRAPHIC SCALE
LINE
U72
U73
I
ZDD
, F"OR :TH( F"IRM)
FLA. Lie. NO. S8 -
NOT VALID WITHOUT THt SIGNATURE AND THE
ORIGINAL RAiSED SEAL OF A FLORIDA LICENSED
SURVF:YOR AND MAPPER
Revised beoring distonc., direction &: lot numb.r in description
07/06
Thil il NOT a Survey.
WI.... ~~
-,-,_._.__._-
~,"'"
-................ ...,........,... ......... '" ............ ............
.. ---
~3 f/I X IC-41
E.,
ClIIID ....
lC-41
PIIlUB:l' _
NlI01:l-SOU-OOI
MY!
1.40r 09, 2006 - 15:14:36 TOSBORNE!X:\SUR'\eollior blvd\CH2101Hill\ lC-4 l\Lono Crook Or - Roltloonoko Hommoek.dw9
EXHIBIT _ A
P8g8...L- of..L-
~j ,l. Ii" ,j 1i1..*j,.~.,l;;JI.Ji....Ji.~~&i.../jli..,;I.M....~illl-t..
Iii
I, ;1
~
Parcel 733
1 '--" , I i
:~ ! I . , ...._...........______.__......_...._...................._....J
- -- --- ~ _.- -~ -- --- ----- - ----------- - --- --.. - ---- -- - - -- -- ----- -- -- - ---------------- --- - -..-
RATTLESNAK~ HAMMOCK ~OAD
3'x4' SIGN EASEMENT
O.R.BOOK 3070, P. 1475
1 S8'1'-.48'-l-
25' L.B.E.
. &: D.E.
P.U.E.
,....
;:;... -
LOT 4
,,-.,
-
If)
0'1
I I
I 0::
I, 8..~
.,
ciO::
w ~in
I.
I: (ON
I~ 0::
W
:J
-!
0
IZ U
I
~---
I
I
I
~10'
I
I
I
I
I
1
I
I
\
I
.~.
l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
)
I
I
AS DESCRIBED IN I
l rO.R. BOOK 2909, I
i _ _~A~~ ~~3~ __ _ ___ _ __ __ _ -, Tract iK
r I
I
I
I
5'
LOT 3
SIERRA MEADOWS
PLAT BOOK 39
PACES 11 - 13
----------
-=;J
r-;-----
,
Legal Description
The South 5.00 feet of the North 16.00 feet of Lot
3, Sierra Meadows, os recorded in Plot Book 39,
pages 11 through 13 of the Public Records of
Collier County, Florida, being more particularly
described os follows.
Commencing at the northwest corner of said Lot 3,
said point also lying on the southerly right-of-way
line of Rolllesnoke Hammock Rood; thence South
02"11'41" East along the west line of said Lot 3. 0
distance of 11.00 feet to the POINT OF BEGINNING;
thence North 87'48'19" East, 0 distance of 326.30
feet to the East line of said Lot 3: thence South
00'50'44" West along said line, 0 distance of 5,01
feet; thence leaving said line South 87'48'19" West,
o distance of 326.03 feet to the westerly line of
said Lot 3; thence North 02'11 '41" West along said
westerly line, 0 distance of 5.00 feet to the POINT
OF BEGINNING;
24' ACCESS
EASEMENT
LOT 5
NOTES:
1. This is nof 0 survey.
2. Basis of bearing is the West line of
County Rood 951 (C.R. 951) being N
00'50'44" E, Florida State Plane Coordinates
NAD 83/90, East Zon..
J. Subject to easements. reservations ond
restrictions of record.
4. E:osements shown herf10n ore per pial,
unless otherwise noted.
5. Dimensions ore in feet and decimals
thereof.
6. Ctrtificote of authorization LB 43.
7. R/W repr.sentIJ Right-of-Way.
8. P.D.B. represenlll Point of Beginning.
9. P.O.C. r.pr.sentIJ Point of Commencemen
10, O.R. represents Official Records.
I r. L.B.E. represents Landscape Buffer
E:asement.
12. U.E:. represents Utility fosement.
13. F.p.L.r. represents Florida Power 4c Light
TEMPORARY EOIJllment.
CONSTRUCTION c.&~ 14. D.E:. represents D~oinage fasement.
~, IS. S,f. represents Sidewalk E:asement.
(DURATION: ~YEARS FROM 16. P.U.f. represents Public Utility fasement.
COMMENCEMENT OF CONSTRUCTION)
Containing 1.632 square feet, more or less.
N
~
o ZS 50 100
GRAPHIC SCALE
. P . . (FOiFTHE: FIRM)
FlA. LlC. N S8J" . - ..
NOT VALID WITHOUT' THE: SIGNATURE: AND THE:
ORIGINAL RAISE:D StAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
I
zoo
LINE
U76
U77
Revised bearing distance &: lot number in description 07/06
This is NOT a Survey.
E.,
.....~.
_._._._.__._-
~""
-.............,.............. ......."'...................
~ IIIl ....
N8015-SOU-OOl 733 Oft X
__ IIIIIX IIIl
IC-41
--
Mor 09, 2006 - 15:14:36 TOSBORNEIX:\SUR\collior blvc!\CH2l.1Hllro..1C-41\l.one Cro.k Or - Rolll..nok. Hornmock.dw9
EXHIBIT 6
Page..L ofJ-