Parcel 725
PROJECT: Collier Blvd. Project #60001
PARCEL No(s): #725
FOLIO No(s): 62030000021
AGREEMENT
THIS AGREEMENT (here' after referred to as the "Agreement") is made and entered
into on this E- day of , 2007, by and between, NAPLES LAKES
COUNTRY CLUB HOMEOWN RS ASSOCIATION, INC., a Florida Non Profit Corporation,
whose mailing address is 4784 Inverness Club Drive, 34112 (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 Temporary
Construction 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 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 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.
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.
AS TO COUNTY:
DATED: t. 21. 01-
. ~ f
ATTEST:
DWIGHT E. BROCK, Clerk
At~~~ to eoa lnll.'lA ~ eputy Clerk
Sj~~~~e enl. 1
BOARD OF COUNTY COMMISSIONERS
COLLIER COU , FL ID
BY:
JAME
AS TO OWNER:
WITNESSES:
NAPLES LAKES COUNTRY CLUB
HOMEOWNERS ASSOCIATION, INC.,
a Florida 0 of it Corporation
001 g~
Witness (Signature)
Name:~ 'dE. (.sL~,t
(p~",rint) ,
yC'j , "'...--./
l-L. .
Witness (Signature)
Name: &.c2..Ann("
(Print)
By:
(Signat r
l-ec'DA\ed ' H-e",(\eri"l- i exyvd o.(b\,e<,l-D,~
(Print NamefTi e)
\ '\ '&rl-
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Approved as to form and
legal sufficiency:
"ttu l1 ~~,
Ellen T. Chadwell
Assistant County Attorney
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Porcel 725
EXHIBIT
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FUTURE
DEVELOPMENT
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NAPLES LAKES
COUNTRY CLUB
PLAT BOOK 33
PAGES 8-15
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--- .....---- 115, W TERLN- ~~"2::.?-L -C.U.E. 0-'
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EASEMENT ~ z t~:'E'I'/
FUTURE
DEVELOPMENT
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PARCEL
,w 725
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GRAPHIC SCALE
Legal Description
A portion of Tract R, Inverness Club Drive, Naples Lakes
Country Club, os recorded in Plat Book 33, pages 8 through
15 of the Public Records of Collier County, Florida, being
more particularly described as follows.
Beginning at the southeast corner of Tract R of said Naples
lakes Country Club, said point also being the intersection of
the westerly right-of-way line of Collier Boulevard and the
southerly right-of-way line of Inverness Club Drive, and the
beginning of a curve to the left, of which the radius point lies
North 89.09' 16" West, 0 radial distance of 25.00 feet and
hav;ng a chard bear;ng af North 44'07'31" West, 35.34 feet;
thence northwesterly along said southerly right-at-way line tor
the following 2 courses and the arc, through a central angle
of 89'56'30", a d;stance of 39,24 feet; thence North 89'05'46"
West, a distance of 15.03 feet; thence leaving said line North
00'50'44" East. a distance of 23.00 feet; thence North 89'05'46"
West, a distance of 230.40 feet; thence North 00'50'44" East, 0
distance of 17.00 feet; thence South 89'05'46" East, a distance of
230.40 feet; thence North 00'50'44" East, a distance of 8.00 feet;
thence South 89'05'46" East, a distance of 40.00 feet to a point
on the westerly right-of-way line of said Collier Boulevard; thence
South 00'50'44" West along said line, a distance of 72.97 feet to
the POINT OF BEGINNING,
Containing 5,970 square feet or 0.1371 acres, more or less.
CURVE
C16
CHORD BRG,
N44'D7'31"W
CURVE TABLE
LENGTH TANGENT
39,24' 24.97
DELTA
89'56'30"
CHORD
35,34'
Rev
Rev
Rev
Rev
Revised per CH2MHILL design changes
Revised per CH2MHILL design changes
Revised per CH2MHILL 04/06
Revised per County Comments 04/06
Revised per CH2MHILL 04/06
12/06
12/06
,.
NOTES:
1. This is not a survey.
2. Basis of bearing is the West line of
County Road 951 (C,R. 951) bein9 S
00'50'44" W, Florida State Plane Coordinates
NAD 83/90, East Zone,
3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon ore per plat,
unless otherwise noted.
5. Dimensions are in feet and decimals
thereof.
6. Certificate of authorization LB 43.
7, R/W represents R;9ht-of-Way.
8. P.O.B. represents Point of Beginning.
9. P.O.C. represents Point of Commencement.
10. O.R. represents Official Records.
11. L.B.E. represents Landscape Buffer
Easement.
12. U.E. represents Utility Easement.
1.3. F.P.L.E. represents Florida Power & Light
Easement.
14. D,E. represents Drainage Easement.
15, S.E. represents Sidewalk Easement.
16. P,U.E. represents Public Utility Easement.
17. P.S.U.E. repersents Private specific use
Easement
18. C.U,E,
18. AE.
repersents County Utility Easement
repersents Access Easement
DAVID J. AYA T,,;S: THE FIRM)
FLA. LlC. NO/' 5834 '
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISW SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
This is NOT a Survey.
Wil.,Miller -~~~=..~
PIfmn. &'Ql-.. ~,~ '~kdhcl" TrlllllpC>1.!ionc.:x.A~t
WiisorJ.AM",Inc.
CAD F1l.E:
lC-41
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REV:
PRO.lECT NO: !lET
N6015-S0U-OOl 725 Of' X
Mar 14, 2006 ~ 08:29:39 TOSBORNElx:\SUR\collier blvd\CH2MHill\ 1 C~41\Noples l.okes Shopping Cen\er.dwg
~ IClEX NO:
lC-41
MEMORANDUM
Date:
June 27, 2007
To:
Joan Smith, Property Acquisition Specialist
Trans/ECM/ROW A
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Agreement: Collier Boulevard Project #60001
Parcel: 725
Enclosed please find one (1) copy of the Agreement, as referenced above,
approved by the Board of County Commissioners on Tuesday June 26,
2007 (Agenda Item #16B4)
The Minutes and Records Department has retained one original
document for Boards official records.
If you should have any questions, please contact me at 732-2646 x 7240.
Thank you,
Enclosure