Parcel 108/708
L_
PROJECT:
PARCEL No(s):
FOLIO No(s):
Collier Blvd. #60001
1081708
Portions of 55425016004
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this -5..t:h..- day of O~'nho~ , 2006, by and between COMMERCIAL
PROPERTIES SOUTHWEST, INC., a Florida corporation, Successor by Merger to Eagle
Consolidated, Inc., a Florida corporation, whose mailing address is 8825 East Tamiami Trail,
Naples, Florida 34113 (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 thaI Owner convey to the County a perpetual, non-
exclusive Road Right-of-Way, Drainage and Utility Easement over, under, upon and across
the lands described in Exhibit "A", attached hereto and made a part of this Agreement, and a
Temporary Construction Easement over, under, upon and across land described in Exhibit
"B", attached hereto and made a part of this Agreement (said lands described in Exhibits "A"
and "B" 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 a properly executed Road Right-of-Way, Drainage and Utility Easement
and a Temporary Construction Easement) is hereinafter referred to as the "Closing."
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions andlor
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 within sixty (60) days from the date County executes this
Agreement; provided; however, that County shall have the unilateral right to eldend 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
Road Right-of-Way, Drainage and Utility Easement and Temporary Construction
Easement recording fees, and any and all costs andlor fees associated wtth securing
and recording a Release or Subordination of any mortgage, lien or other encumbrance
recorded against the property.
"
.
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 beneftt of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, andlor assignees, whenever the
conteld 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 exhibtts attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written
or ora' agreements, undertakings, promises, warranties, or covenants not contained
herein.
9, This Agreement is governed and construed in accordance wtth 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: October 5. 2006
ATTEST:
,Q.WIGl;tT,E, BROCK, Clerk
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AS TO OWNER:
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WITNESSES:
JA1/ JF=
Wi ness (Sign e)
Name:_()\;,IM... (OC:/ /V/'
(Print)
013"-
Approved as to form and
Z~V~
Ellen T, Chadwell
Assistant County Attomey
Page 3
BOARD OF COUNTY COMMISSIONERS
COLLIER C~~:~~7
BY: - Fr;: Hala~~ __
COMMERCIAL PROPERTIES SOUTHWEST,
INC., a Florida corporation, Successor by
Merger to Eagle Consolidated, Inc., a
Florida corporation
By:
resident
Item# 16 F
~,gen<la'\_ -/3
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LEL Y (;!,L~TURAL PARKWAY
120' R!W
LELY PHASE lWO ['5' U,E.
PLAT BOO~ _
PAGES ~3'::-~~-f----
TRACT 0 ,
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Porcel 108
PARCEL
108
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ANDUTlUTYEr_1T I
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PageL ~-L
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GRAPHIC SCALE
I
200
LINE
LJl
LJ2
L3J
RAOIUS
25.00'
CURVE TABLE
LENGTH TANGENT
28.98' 16..37
DELTA
65' 5' 5"
Revised oreo to odd the word feet
ccsoo
LINE TABLE
LENGTH
15.02
42,46
18.84
BEARING
88"08'Jl"W
N 0'50'44" E
SO ' O'44"W
CHORD
27.39'
CHORD BRG.
o I'
Legal Description
A portion of Tract D. lely Resort Phose
Two, Plot Book 18, Poges 4.3':""45 of the
Public Records of Co!ljer County, Florida.
Beginning ot the southeost corner of Troct
O. Lely Resort Phose Two. Plot Book 1 B,
Poges 43-45 of the Public Records of
Collier County, rlorida, said point also lying
on the westerly right-or-way line of Collier
Boulevard thence South 88'08'31" West. a
distance of 15.02 feet orong the South line
of said Tract 0; thence North 00"50'44"
East, 0 distance of 42.46 feet to 0 point
on the southerly right-of-way line of Lely
Cultural Parkway also bei~g the point of
curve of (] nori tangent curVe to the right,
of which the rodius pOint lies South
24'25'09" West, a rodiol distance of 25.00
feet and having a chord bearing of South
32"21'53- East, a chord distance of 27.39
feet: thence southeasterly along sok!
southerly right-of-way line and the ore,
through (] centro! ongle of .66'25'25", (]
distonce of2B.9B feet to the Westerly
Right-of-Way line of Collier Blvd.; thence
South 00'50'44- West, a distance of 18.84
feet to the POINT OF BEGINNING.
Containing 536 square feet, more or less.
NOTES:
1. This is nat 0 survey.
2. Basis of bearing is the West line af
County Road 951 (C.R. 951) ~ing N
00'50'44" E, Flarida Stote Plane Coordinates
NAD 8J/90. East Zone.
J. Subject to easements. reservo/l'ons and
restrictions of record.
4. Easement~ shown hereon ore per plot.
unless otherWIse noted.
5. Dimensions are in feet and decimals
thereof.
6. Cerfificaftl af authorization LB 43.
7. R/W represents Rlght-of-Woy.
8. P.O.S. represents Palnt of 8eginnlng.
9. P.O.C. represents Point of Commencemem
10. O.R. represents Official Records.
11. LB.e. represents Landscape Buffer
easement.
12. U.e. repruents Utility Easemenf.
'3. F.P.LE. represents Florida Power de Light
Easement.
14. D.E. represents Drainage Easement.
15. S.E. represents Sidewolk Eastiment.
16. P.U.E. rttorttsents Public Utility Easement.
, .M. (FOR THE FIRM)
FlA. LlC. N . 5834 .
NOT VALID WrrHOUT THE SfCNA TURf: AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
This is NOT a Survey.
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IC-41.
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07/06
Uar 09, 2006 - 08:21,53 TOSBORNElX:\SUR\e"mer blvd\CH2t.4MtlI\IC_<41\GRANO LELY-LELY CULTURAL PARKWAY.dw(I
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TEMPO~ .
CONSTRUCTION EASEMENT
(DURA110N: 3 YEARS FROM
COMMENCEMENT OF CFNSTRUCTlON)
,
i EXHIBIT ! 6
: PageL 1.L
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LELY CULTURAL PARKWAY
120' R!W PARCEL
LELY PHASE lWO [15' U,E, 708
PLAT B091S....JL _ C6
PAGES 4-3-45 _ ___ to
TR-';'~T-; f 8'
POC
15'
1-5.02"
SB8'08'31"W
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GRAPHIC SCALE
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LINE
U4
US
U6
CURVE RADIUS
C6 25.00'
CURVE TABLE
LENGTH TANGENT
8.29' 4.18
DELTA
18'59'23"
Porcel 708
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LINE TABLE
LENGTH
8;01
44,85
42.46
BEARING
8 '08'31."W
NOO'SO'44"
SOO'SO'44-"W
CI-IORD
8.25'
CHORD BRG.
S7S'04'16QE
. CH2MHlLL 3/06
SKETCH & DESCRIPTION OF PARCEL 708
A PORTION OF
SECTION 27, TOWNSHIP 50 S., RANGE 26 E.,
COLLIER COUNTY FLORIDA 1
-'-' _1m ....u. _...
GeBOO THO lC-'('l N6015-S0U-OOl
Legal. Description .
A portion of Tract D, Lely Resort Phase
Two, as recorded in Plat ;Book ..1,B, Pages
43 through 45 of the Public Records 01
ColJier County, Florida,' b.eing m~re
particularly described os follows.
,
"
Commencing at the Southeast corner of
said Tract D, soid point also lying on the
w,esterly right-of-way fine of Carrier
Boulevard; Thence South 88'08'31" West, a
distance of 15,02 feet olong the South Ihie
of said Tract 0 ,to the POINT ,OF BEGJNNING;
thence South 88'08'31" West along said
line, a distance of 8,01 feet; thence leaving
said line North 00'50'44" ~ast,' 0 diston'ce'
of _ 44.85 feet to - ,0 point on the southerly
right-of-way line of lely _ Cultural Parkway,
also being the poif'lt of curve of 0 non.
tangent curve to the right, of w!1ich the
radius point lies South 05'25'54" West; a
radiol distance of 25.00 _ feet and having 0
chord bearing ,of South 75'04'16" Eost,!o
chord' distance of 8.25 feet: thence eos:terly
along said southerly right-of-way line arid
the ore, through a central angle of
18'59'23", 0 distance of 8.'29 feet; thence
leaving said line South 00.50'44" West, 6
distance of 42;46 feet to 'the POINT OF'
BEGINNING.
I
Containing 351 square feet, more or less,
,
"
NOTES:
1. This is not a survey.
~. Basis.of georlng is the West Ilne or
County Road 951 (C.R. 951) being N
OO'50'44~ E, Florida State Plone Coordinates
NAD 83/90, East Zone. I
I
3. Subject to easements, reservations ond
restrictions of racord.
4. [asement~ shOwn hereon ore per P~Qt,
unless atharw/se noted,
5. Dimensions ore in fe~d and, decimals
thereof.
6. Certificat~ of authorization La 43,
7. R/W represents -Right-of-Way, i
8. P.O.B. represents Point of Beginningl
9. P.O.C. represents Point of Commengemem
10. O.R. represents Official ReCords, ,
11. L.B.E. represents Landscape Buffer i
Easement. .
i2. V.E. represents Utility Easemenf.
13, F.P.L.E. represents Florldo POwer ct Light
Easement. , .
14. D.E. represents Drainage Easement, i
15. S.E, represents Sidewalk casement. I
16. P.U,E. represents Public Utility Easement
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DAVID J, ^'T. , .sf'1' (rot; ''''1: ,fIRM) ,
Ff.A. LIe. o. 58:Jtj ~ ~ '" 'tV ~~~J .-'.
Nor VALID WITHOOT ..THE" S!GN~fJ:!RE/ AND i THE
ORIGINAL RA/SE:D /SfrAl 3~ff l~?i'L9.RIDA L1CE:NSE:D
SURVEYOR AND MAPPE~;...~ i
This is NOT a Survey. !
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