Parcel 108
Project: 65061 B-Tree Farm / Woodcrest Road
Parcel: 108
Folio: 00192240008
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this / day of TLAO)€ , 2007, by and between HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC., a Florida not-for-profit corporation, whose mailing
address is 11145 Tamiami Trail E., Naples, Florida 34113-7906 (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 fee simple
interest in that certain portion of property more particularly described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of this
Agreement; 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 a properly executed Warranty Deed) 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
instrum~nts, 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 ~ubordinate any and all such liens, encumbrances or qualifications
affecting County's enjoyment of the Property.
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.
6. 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.
7. 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.
8. This Agreement is governed and construed in accordance with the laws of the State of
Florida
IN WITNESS WHEREOF, Declarant has caused these presents to be executed the
date and year first above written.
Acquisition Approved by BCC pursuant to Resolution No. 2007.50 approved on the 2ih day
of February, 2007, agenda item no. 10D.
AS TO COUNTY:
QA'T'ED: ~'" ,3- 0 1-
, A TIEST:
~~\tA~'l>L
Attest' U'tl)' 'Ch41~P,uty Clerk
sj~.2tuNl 0111.
BY:
J
AS TO OWNER:
DATED: 6 - 6 -- CJ '7
f/Ld~/7 I,Z;~?U-
Witness (SIgnature)
illicJ.() I(b T \<t (A \ () lH'YO ',)
N (Print or Type)
re)
'?~
Name (Print or Type)
Approved as to form and
legal sufficiency:
I/L l/~
--Ellen T. Chadwell
Assistant County Attorney
SKETCH AND
THIS IS
LEGAL DESCRIPTION
NOT A SURVEY
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POINT OF lIEGINIlING ~
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150 10D 150 200
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UNPLATTED
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THE SOUTH HALF OF
THE EAST HALF OF
THE NORTHEAST 1/4
OF THE SOUTHEAST
1/4 OF SECTION 26,
TOWNSHIP 48 SOUTH,
RANGE 26 EAST
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UNPLATTED
PARCEL 108
FEE SIMPlE
INTEREST
LEGAl DESCRlpnON (SUBJECT PARCEL):
A PARCf:L OF LAND LYING IN SECTION 26. TOWNSHIP 48 SOUTH, RANGE 26 EAST.
COLliER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COUMENClNG AT THE EAST 1/4 CORNER Of SECTION 26, TOWNSHIP 46 SOUTH,
RANGE 26 EAST. COWER COUNTY, FLORIDA;
THENCE ALONG THE EAST UNE OF SAID SECTION 26. S.02'1S'34NE. FOR 668,96 FEET
TO THE POINT Of BEGINNING or A PARCEL DESCRIBED HEREIN;
THENCE CONTINUiNG ALONG SAID EASl UNE. S.02'18'34.E. FOR 668.96 FEET TO THE
NORTH UNE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 26:
THENCE DEPARTING SAID EAST UNE AND ALONG SAID NORTH UNE OF THE SOUTH
1/2 OF THE SOUTHEAST 1/4. S,89"59'17"W, fOR 35.00 FEET,
THENCE LEAVING SAID NORlH UNE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4.
N.02'18'34.W. FOR 668.96 FEET;
THENCE N,89"S9'4()"E. fOR 35.00 FEET; TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN.
CONTAINING 2.3,415 SQUARE fEET OR 0.5 ACRES. MORE OR LESS,
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE EAST UNE OF SECTION Z6. TOWNSHIP 48 SOUTH.
RANGE 26 EAST. AS BEING 5.02'8'34.E" IN THE FLORIDA STAlE PLANE COORDINATE
S'tSlEM, EAST ZONE. 1983 NORTH AMERICAN DATUM. (1999) ADJUSTMENT.
RWA. INC.
lAND SUR\IEl'ORS " MAPPERS
6610 WILLOW PARK DRIVE SUITE 200
NAP ,flORIDA 34109
ER LS# 6Z78
3/Z0/07
DATE OF SURVEY
D'llA INC'~~n
CONSULTING CivilEnglneenng
.&. '-, '.L .... Smvoyjng & Mapping
DATE: CLIENT:
03/Z0/07
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1"-200'
-- "", TITLE;
MAS
CHECKro BY:
JJH
Sf:c: TWP: RGE; PROJECT
26 4BS 26E NUMBER:
030191.00.01
UNPLATTED
WEST LINE OF THE
EAST 1/2 OF THE
EAST 112 OF THE
SOUTHEASTi/4 OF
SECTION 26 .
I
\
\
LINE
L1
l2
L3
l4
LINE TABLE
BEARING
S0218'34"E
S89'S9"7"W
NOZ"8'34"W
N89'59' 40"E
LENGTH
668.96
35.00
666.96
35.00
HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC.
6610 Willow Patk Drive, Suile200
Naples,Fforida34H19
Phone: (23D) 597.(J575
FAX: {~91597.()578
LEGAL DESCRIPTION AND SKETCH
SHEET
NUMBER: 1 OF 1
FILE
NUMBER:
AS04