Agenda 12/12/2023 Item #16B20 (Resolution - Notice of the terms and conditions of a an exchange of land on the south side of Painted Leaf Lane)12/12/2023
EXECUTIVE SUMMARY
Recommendation to approve a request to advertise notice of the terms and conditions of a proposed
exchange of 1.51 acres of land on the south side of Painted Leaf Lane, no longer needed for county purposes,
for 1.69 acres of adjoining land to be assembled with abutting County-owned land, for future right of way,
drainage, utility and/or other public uses, and set a hearing date for the proposed resolution authorizing the
exchange. Estimated fiscal impact: $28,000 revenue.
OBJECTIVE: To publish in the Naples Daily News required statutory notice of the terms and conditions of a
proposed exchange of a portion of unimproved County-owned property (the “County Exchange Parcel”) located on
the south side of Painted Leaf Lane, for a portion of adjoining property (the “Graziani Exchange Parcel”).
CONSIDERATIONS: Collier County (the “County”) has been approached by Ronen and Leeanne Graziani (the
“Grazianis”) with a request to exchange the County Exchange Parcel, which is part of a 3.53 acre Count y-owned
property, for the Graziani Exchange Parcel, which is part of the Grazianis’ 2.94 acre property that abuts the south
side of the County-owned property. Both properties are unimproved and currently zoned “E - Estates”. The
County Exchange Parcel is 1.51 acres ; the Graziani Exchange Parcel is 1.69 acres. The County-owned property
was purchased in 2009 pursuant to settlement of a condemnation lawsuit for the taking of right of way needed for
construction of the Santa Barbara Boulevard (Phase 1) Project No. 62081 (the Project).
Aside from adding 0.18 acres to the County-owned property, which will total 3.71 acres after the proposed land
exchange, the property will remain suitable to provide additional right of way and/or a pond site that may be needed
for Phase 2 of the Project. The land exchange will also eliminate the need to acquire additional right of way from
the Grazianis' property that may be needed for the future phase.
As consideration for the proposed land exchange, the Owners are willing to enter into a Property Exchange
Agreement that will include the following Owner obligations, requirements and undertaking: 1) payment to the
County of $28,000 to compensate for the reduction in market value of the County-owned property; 2) payment of
all costs relating to the property exchange, including costs of publication, the Owners already having paid surveyor
and appraisal costs; 3) an undertaking not to object to any application by the County for a zoning amendment
relating to the County-owned property after the exchange to allow uses not permitted under the current zoning; 4)
waiver of any damages or other compensation claims arising from the County’s future use of the County -owned
property, and 5) recordation in the public records of Collier Co unty of a Declaration of Covenants giving effect to
the aforementioned undertaking and waiver, which will also be binding upon the Owners successors in title.
If approved, staff is required to publish, once a week for at least two weeks in a newspaper of general circulation in
Collier County, a notice of intent to exchange the County Exchange Parcel for the Graziani Exchange Parcel in
compliance with section 125.37, Florida Statutes. After such publication, a Property Exchange Agreement,
resolution and related documentation will be brought back to the Board for consideration on February 13, 2024.
FISCAL IMPACT: Funds in the amount of $28,000 will be received by Collier County at closing and will go
back to Impact Fee District 4 Fund (3093), Project 62081. The costs of publishing the notice of intent to exchange
property, along with all other costs relating to the property exchange, including recording costs, will be paid by the
Owners.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. -DDP
RECOMMENDATION: To approve a request to advertise notice of the terms and conditions of a proposed
exchange of 1.51 acres of land on the south side of Painted Leaf Lane, no longer needed for county purposes, for
1.69 acres of adjoining land to be assembled with abutting County-owned land, for future right of way, drainage,
16.B.20
Packet Pg. 1655
12/12/2023
utility and/or other public uses, and set a hearing date of February 13, 2024 for the proposed resolution authorizing
the exchange.
Prepared By: Robert Bosch, Manager - Right-of-Way Acquisition, Transportation Engineering Division.
ATTACHMENT(S)
1. Properties Before & After Exchange (PDF)
2. County - Graziani Exchange Parcels (PDF)
3. Agreement - Exhibit C to Resolution (PDF)
4. Appraisal dov 11 May 2023 Graziani
5. Declaration of Restrictive Covenants - Exhibit C to Agreement (PDF)
6. Resolution (PDF)
16.B.20
Packet Pg. 1656
12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.20
Doc ID: 27138
Item Summary: Recommendation to approve a request to advertise notice of the terms and conditions of a
proposed exchange of 1.51 acres of land on the south side of Painted Leaf Lane, no longer needed for county
purposes, for 1.69 acres of adjoining land to be assembled with abutting County-owned land, for future right of
way, drainage, utility and/or other public uses, and set a hearing date for the proposed resolution authorizing the
exchange. Estimated fiscal impact: $28,000 revenue.
Meeting Date: 12/12/2023
Prepared by:
Title: Property Aquisition Specialist I – Transportation Engineering
Name: Robin Goldsboro
11/01/2023 2:36 PM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
11/01/2023 2:36 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 11/01/2023 3:53 PM
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 11/01/2023 4:00 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/02/2023 7:59 AM
Growth Management Community Development Department Lisa Taylor Additional Reviewer Completed
11/03/2023 11:04 AM
Transportation Management Operations Support Tara Castillo Additional Reviewer Completed
11/06/2023 2:25 PM
Road Maintenance Ellen Sheffey Additional Reviewer Completed 11/08/2023 8:16 AM
Road Maintenance Marshal Miller Additional Reviewer Completed 11/08/2023 4:45 PM
Transportation Management Services Department Trinity Scott Transportation Completed
11/08/2023 5:02 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/22/2023 1:34 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/22/2023 2:24 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/27/2023 9:57 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 11/30/2023 10:07 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/06/2023 4:14 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.B.20
Packet Pg. 1657
PROPERTIES BEFORE EXCHANGE
PROPERTIES AFTER EXCHANGE
COUNTY PROPERTY
GRAZIANI PROPERTY
/
/
Painted Leaf Lane
Painted Leaf Lane
COUNTY
PROPERTY
GRAZIANI
PROPERTY
(3.53 ACRES)
(2.94 ACRES)
(2.76 ACRES)(3.71 ACRES)
16.B.20.a
Packet Pg. 1658 Attachment: Properties Before & After Exchange (27138 : 99999-517CONV Graziani)
COUNTY/GRAZIANI EXCHANGE PARCELS
COUNTY EXCHANGE
PARCEL (1.51 ACRES)
GRAZIANI EXCHANGE
PARCEL (1.69 ACRES)
/
16.B.20.b
Packet Pg. 1659 Attachment: County - Graziani Exchange Parcels (27138 : 99999-517CONV Graziani)
PROJECT: Miscellaneous No. 99999
PARCELS: 517FEE & 51 TCONV
FOLIO: 38169800003 & 38169760004
PROPERTY EXCHANGE AGREEMENT
/, JHls
llc fabt /'
PROPERry EXCHANGE AGREEMENT ("Agreement") is entered into this 3*a ay of
2023 by and between RONEN GRAZIANI AND LEEANNE GRAZIANI,husband and wife,
whose mailing address is 286'1 Santa Barbara Boulevard, Naples, FL 34'116-7431 (collect ively, "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami
Trail East, c/o County Attorney's Office, Suite 800, Naples, FL34112 ("the County").
Recitals
A. The County owns unimproved land located on the south side of Painted Leaf Lane, more fully
described in Exhibit "A", attached hereto and incorporated herein by reference ("the County Exchange Parcel").
B. Owner owns adjoining unimproved land located on the west side of Santa Barbara Boulevard,
Naples in Collier County, Florida, more fully described in Exhibit "B", attached hereto and incorporated herein
by reference ("the Graziani Exchange Parcel").
C. The County and Owner desire to exchange the County Exchange Parcel for the Graziani
Exchange Parceli and
D. The County Exchange Parcel is not needed for County purposes and this exchange of real
property is in the best interest of the County.
NOW THEREFORE, the parties agree as follows:
1. AGREEMENT TO EX CHANGE PROPERTIES The County hereby agrees to convey the County
Exchange Parcel to Owner, and Owner hereby agrees to convey the Grazaani Exchange Parcel to the County,
on the terms and conditions set forth in this Agreement
2. COMPENSATTON. Owner shall pay the sum of $28,000 to the County at closing by bank check
as compensation for this property exchange. The closing costs shall be paid, and taxes prorated as described
below.
County's simultaneous conveyance ofthe County Exchange Parcel to Owner (the "Closing")
60 days of the County's receipt of all properly executed Closing Documents (defined below)
application for a lot line ad.lustment (referred to in section 4.C below), whichever is the later.
ESSENCE. The Closing shall take place at the offices of the County's Transportation Eng
3. CLOSING DATE POSSE sstoN
A. Closinq Date. Owner's conv eyance of the Graziani Exchange Parcel to the County and the
shall occur within
or approval of the
TIME IS OF THE
ineering Division,
2885 Horseshoe Drive South, Naples, Florida 34104
B han ES Risk of Los Owner's obligation to close shall be contingent upon Owner
having determined that, between the date that Owner completes its due diligence investigations and
inspections under this Agreement and the Closing, there shall have been no adverse changes in the title,
physical condition of the County Exchang e Parcel or other matters previously approved by Owner' Between
the date of the parties' execution of this Agreement and the Closing, risk of loss as pertains to the County
Exchange Parcel shall be borne by the Co unty such that, if any property damage, other than damage caused
by Owner. shall occur prior to Closing, the County shall repair and restore the County Exchange Parcel at the
County's expense. Similarly, the County 's obligation to close shall be contingent upon the County having
determined thal, between the date that the County completes its due diligence invest'gations and inspections
under this Agreement and the Closing, there shall have been no adverse changes in the title, physical condition
of the Graziini Exchange Parcel, or other matters previously approved by the County. Between the date of
Page 1 ol 7
CAO
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Packet Pg. 1660 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
the parties' execution of this Agreement and the Closing, risk of loss as pertains to the Graziani Exchange
Parcel shall be borne by Owner, such that, if any property damage. other than damage caused by the County,
shall occur prior to Closing, Owner shall repajr and restore the Graziani Exchange Parcel at Owner's expense.
C. Possession. At Closin g, Owner shall be entitled to full possession of the County Exchange
Parcel, and the County shall be entitled to full possession of the Graziani Exchange Parcel
D. Removal of Access Points. B efore closing, all access points from Ownefs properties abutting
the Graziani Exchange Parcel shall be removed and discontinued at Owner's sole cost and expense, inc lu d ing
all paved driveways and parkang areas located upon the Graziani Exchange Parcel
4. CLOSING DOCUMENTS.
A. Owner's C losinq Documents. As soon after the parties' execution of this Agreement as is
possible, Owner shall (i) provide the County with a copy of the property survey and title insurance policy
the Graziani Exchange Parcel, if any, (ii) provide a current title commitment, together with copies of
exceptions set forth therein, for the Graziani Exchange Parcel, (iii) provide the County with a new survey of the
Graziani Exchange Parcel assembled with the County-owned property that abuts the north side of the Grazlani
Exchange Parcel, and (iv) deliver the following documents to the County, properly executed and in a form
approved by the Collier County Attorney's Office (the "Owneis Closing Documents"):
(a) Warranty Deed for the Graziani Exchange Parcel,(b) Closing Statementi(c) Affldavit of Title pertaining to the Graziani Exchange Parcel;(0 A Satisfaction, Release, or Termination from the holder of each mortgage or other lien
open of record encumbering the Graziani Exchange Parcel;
(S) Termination of any leases or rental agreements that encumber the Graziani Exchange
Parcel;(h) Termination or vacation of any existing easement that encumbers the Graziani Exchange
Parcel, if required by the County;(i) Declaration of Covenants (referred to in section 8.8 below); and
(i) Such other documents as the County or title company deems necessary or appropriate to
clear title to the Graziani Exchange Parcel.
for
all
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B. Countv's Closino Documents. At Closing, the County shall deliver the following closing
documents to O*ner, properly executed and in a form approved by the Collier County Attorney's Office (the
"County's Closing Documents"):
(a) Deed (Sec. 125.41 1, Florida Statutes) for the County Exchange Parcel,(b) Closing Statement; and(c) Such olher documents as Owner or the title company deems necessary or appropriate to
clear title to the County Exchange Parcel provided the County shall not be required to
provide a title commitment for the County Exchange Parcel.
C. Lot Line Adiustment. Before Closing and within 90 days of the effective date of this agreement,
the Owner shall make aprlication and receive approval for a Lot Line Adjustment, pursuant to Collier County
Land Devetopment Code section 4.03.04 B. The County hereby designates its County Manager or designee
to help effectuate said application in its capacity as property owner and authorizes its County Manager or
designee to sign any paperwork effectuating said application. This agreement shall be null and void ab initio
if thJ application foi a Lot Line Adjustment is not approved and neither party shall have any further claim
against the other.
D. Additional Closinq Documents. Following the Closing, the parties shall execute any and all
additional Oocuments as rnay Oe requested by Owner, the County, or title company to correct clerical errors,
clear title, or otherwise carry out the intent of the parties.
5. GLOSING COSTS AND DEDUCTIONS.
oao
16.B.20.c
Packet Pg. 1661 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
A. Owner's Closinq Costs. At Closin g, Owner shall pay (i) all recording fees to record the
conveyance instruments and any affidavit, trust certification, release, lot line adiustment instruments an
affidavits. or curative documents required to clear title to the Graziani Exchange Parcel or the County Excha
7. INSPECTIONS.
d/or
nge
Parcel; (ii) any state documenlary stamp taxes due on any conveyance instrument for the Graziani Exchange
Parcel and the County Exchange Parcel in accordance with Section 201 .01, Florida Statutes; (iii) all amounts
required to pay in full any and all outstanding mortgages and other liens on the Graziani Exchange Parcel; (iv)
all termination fees, processing fees and/or other charges as may be required in order to obtain a satisfaction,
release, or termination from the holder of each mortgage or other lien open of record on the Graziani Exchange
Parcel; (v) all ad valorem and non-ad valorem taxes and assessments that are due and payable on the Graziani
Exchange Parcel; (vi) title commitment and owner's title insurance policy on the County Exchange Parcel, if
obtained; (vii) title commitment and owner's title insurance policy on the Graziani Exchange Parcel; (vi) all
costs associated with applying for and receiving approval for a Lot Line Adjustment, per section 4.C of this
Agreement; and (ix) attorney's fees and costs for Owner's attorney.
B. County's Closinq Costs. At Closing, the County shall pay all assessments that are due and
payable on the County Exchange Parcel.
C. Prorations. At Closing, ad valorem taxes shall be prorated as of the date of Closing, with the
County entitled to the date of Closing, based upon the most current assessment available, without discount,
provided that if the current year's tax bill is not yet available, but a TRIM Notice has been issued, the ad-
valorem taxes shall be prorated based upon the amount set forth therein.
6. COST OF ADVERTISEME NT AND GONTINGENCY. Owner shall pay the full cost of publishing,
once a week for two consecutive weeks in a newspaper of general circu lation pu blished in the County, a notice
setting forth the terms and conditions of this exchange of property in compliance with Section 125.37, Florida
Statutes. lf objections are made following such publication that Justify the County, in its sole and absolute
discretion, not proceeding with this Agreement, then the Agreement shall be null and void ab inltlo and neither
party shall have any further claim against the other.
A. lnsoections. Following the date of the parties' execution of this Agreement. Owner shall have
the right, at its sole cost and expense, to conduct whatever investigations and inspections of the County
Exchange Parcel that it deems appropriate, including without limitation, a title examination, property survey,
apprais;1, environmental assessments, engineering studies, soil borings, determination of compliance of the
iounty Exchange Parcel with applicable laws, and the like. The County shall provide Owner with reasonable
access to the County Exchange Parcel to conduct on-site inspections. Owner shall promptly repair any
damage to the Couniy Exchange Parcel caused by such on-site inspections. Likewise, following the date of
the prrties' execution of this Agreement, the County shall have the right, at its sole cost and expense, to
conduct whatever investigations and inspections of the Graziani Exchange Parcel that it deems appropriate,
including without limitation, a title examination, property survey, appraisal, environmental assessments,
engineeiing studies, soil borings, determination of compliance of the Graziani Exchange Parcelwith applicable
lavJs, and the like. Owner shrll provide the County with reasonable access to the Graziani Exchange Parcel
to conduct on-site inspections. The County shall promptly repair any damage to the Graziani Exchange Parcel
caused by such on-site inspections.
B. Riqht to Terminate. Notwithstanding anything in this Agreement to the contrary, owner's
obligations under ttris ngreement to acquire the County Exchange Parcel are contingent upon Owner's
satiifaction with the Cou;ty Exchange Parcel, including, without limitation, as revealed by its investigations
and inspections as set forth herein. lf, prior to the Closing, Owner identifles any objectionable matters and
determines that such objections cannot be resolved to its satisfaction through reasonable diligence, within a
reasonable period of time, and at a reasonable cost, Owner shall have the right to terminate this Agreement
by written notice to the County, whereupon neither party shall thereafter have any rights or obligations under
this Agreement. Owner may, but shall not be required to, provide the County with an opportunity to rectify
such objections. Likewise, notwithstanding anything in this Agreement to the contrary, the County's obligations
under this Agreement to acquire the Graziani Exchange Parcel are contingent upon the County's satisfaction
with the Grrziani Exchange Parcel, including, without limitation, as revealed by its investigations and
inspections as set forth heiein. lf, prior to the Closing, the County identifies any objectionable matters and
determines that such objections cannot be resolved to its satisfaction through reasonable diligence, within a
o
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16.B.20.c
Packet Pg. 1662 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
reasonable period of time, and at a reasonable cost, all as determined by the County in its sole discretion, the
County shall have the right to terminate this Agreement by written notice to Owner, whereupon neither party
shall thereafter have any rights or obligations under this Agreement. The County may, but shall not be required
to, provide Owner with an opportunity to rectify such objections.
8. SPECIAL CONDITIONS.
A. Future Use of Coun tv-Owned ProDertv. Owner rec ognizes and acknowledges that this
exchange of property benefits the Owner in that the exchange of property will result in Owner owning property
with an improved location and configuration. Ownerfurther recognizes and acknowledges that the Agreement
is in the best interest of the County, as required by section 125.37, Florida Statutes, inter alia because this
exchange of property will result in the County owning a property with a superior conflguration that will potentially
allow future uses that may not have been practical, feasible or possible for the County-owned property as
currently configured. Accordingly, the Owner warrants, represents and undertakes that the Owner will not
object to any application for an amendment to the Collier County Growth Management Plan or for a rezoning
of the County's prope(y as configured after this exchange of property to permit a future use in the County's
sole discretion. Additionally, Owner hereby waives any claim that it may have for damages or other
compensation arising from any future use by the County of the County-owned property as conngured after this
property exchange.
B. "Run with the Land". The provisions of this Section 8 establish a valid and enforceable
covenant running with the land and, in particular, with all property owned by Owner adjacent to the County-
owned prope(y as configured after this exchange of property. Owner hereby acknowledges that the benefits
to Owner specified in section 8.A above benefit, touch and are adjacent to all of Owner's aforementioned
adjacent properties. This Declaration shall constitute covenants, conditions and restrictions that shall run with
the land, inure to the benefit of the County and the County Property and shall be binding upon all of Owner's
aforementioned adjacent properties and every person or entity having any interest therein or any part thereof
at any time and from time to time. lmmediately after the closing, a Declaration of Covenants an substantial
conformance with Exhibit "C", attached hereto and incorporated herein by reference, shall be recorded in the
Public Records of Collier County and the cost of such recording shall be borne by the Owner.
9. OWNER'S REPRESENT ATIONS AND WAR RANTIES. Owner makes the following
representations and warranties on the date of Owner's execution of this Agreement, and shall be deemed to
have repeated same at Closing:
(a) Owner is the sole owner of fee simple title to the Graziani Exchange Parcel and has full right,
power, and authority to own and operate the Graziani Exchange Parcel, to execute this
Agreement, and to fulflll Ownefs obligations under this Agreement and the Ownefs Closing
Documents.
(b) No tenant or other party has any right or option to acquire the Graziani Exchange Parcel or to
occupy the Graziani Exchange Parcel,
(c) Owner's title to the Graziani Exchange Parcel is free and clear of all mortgages and other liens
and encumbrances, except as may be disclosed in the title commitment obtained or to be
obtained prior to the Closing.
(d)Between the date of Owner's executaon of this Agreement and the Closing, Owner shall not do
anything to encumber the title to the Graziani Exchange Parcel, or convey the Graziani
Exchange Parcel to a third party, or grant to any third party any rights of any kind with respect
to the Giaziani Exchange Parcel, or do anything to change, or permit to be changed, the physical
condition of the Graziani Exchange Parcel, without in each instance obtaining the County's prior
written consent, which may be granted or withheld in the County's sole discretion.
No maintenance, construction, advertising, management, leasing, employment, service, orother
contracts affecting the Graziani Exchange Parcel shall remain in effect as to the Graziani
Exchange Parcel following the Closing.
(e)
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Packet Pg. 1663 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
(f) There are no governmental proceedings or investigations of any kind, formal or informal, civil or
criminal, pending or lhreatened, that may affect the Graziani Exchange Parcel or adversely
affect Owner's ability to perform Owner's obligations under this Agreement.
(S) The Graziani Exchange Parcel is in compliance with all federal, state, and local laws, including
without limitation, environmental laws, no unsafe levels of radon, mold, lead, or other pollutants
or hazardous substances have been used, generated, stored, treated, or removed from the
Graziani Exchange Parcel, nor is there any lawsuit, proceeding, or investigation regarding same;
the Graziani Exchange Parcel has never been used as a landfill, and there are no underground
storage tanks on the Graziani Exchange Parceli there has been no spill, contamination, or
violation of environmental laws pertaining to any contiguous property; and Owner has not
received notice and otherwise has no knowledge of any existing or threatened environmental
lien against the Graziani Exchange Parcel.
(h) Owner has not utilized a real estate broker or agent in connection with Ownefs conveyance of
the Graziani Exchange Parcel to the County and no real estate sales commission is due
,I O. COUNTY'S REPRESENTAT IONS AND WARRANTIES. The Coun ty makes the following
representations and warranties on the date of the County's execution of this Agreement, and shall be deeme d
to have repeated same at Closing:
(a) The County is the sole owner of fee simple title to the County Exchange Parcel and has full right,
power, and authority to own and operate the County Exchange Parcel, to execute this
Agreement, and to fulfill the County's obligations under this Agreement and the County's Closing
Documents.
(b) No tenant or other party has any right or option to acquire the County Exchange Parcel or to
occupy the County Exchange Parcel.
(c) The County's title to the County Exchange Parcel is free and clear of all mortgages and other
liens and encumbrances, except as may be disclosed in the title commitment obtained or to be
obtained prior to the Closing.
(d)
(e)
(f)
(s)
Between the date of the County's execution of this Agreement and the Closing, the County shall
not do anything to encumber the title to the County Exchange Parcel, or convey the County
Exchange Parcel to a third party, or grant to any third party any rights of any kind with respect
to the County Exchange Parcel, or do anything to change. or permit to be changed' the physical
condition of the County Exchange Parcel, without in each instance obtaining, without in each
instance obtaining Owneis prior written consent, which may be granted or withheld in Owner's
sole discretion.
No maintenance, construction, advertising, management, leasing, employment' service, or other
contracts affecting the County Exchange Parcel shall remain in effect following the Closing.
There are no governmental proceedings or investigations of any kind, formal or informal, civil or
criminal, pending or threatened, that may affect the county Exchange Parcel or adversely affect
the County's ability to perform the County's obligations under this Agreement.
The County Exchange Parcel is in compliance with all federal, state and local laws, including,
without limitation, environmental lawsi no unsafe levels of radon, mold, lead, or other pollutants
or hazardous substances have been used, generated, stored, treated, or removed from the
County Exchange Parcel, nor is there any lawsuit, proceeding, or investigation regarding same;
the county Exchange Parcel has never been used as a landfill, and there are no underground
storage tanks on the County Exchange Parcel; there has been no spill, contamination, or
violation of environmental laws pertaining to any contiguous property, and the County has not
received notice and otherwise has no knowtedge of any existing or threatened environmental
lien against the County Exchange Parcel.
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16.B.20.c
Packet Pg. 1664 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
(h) The County has not utilized a real estate broker or agent in connection with the County's
conveyance of the County Exchange Parcel to Owner and no real estate sales commission is
due.
11. DEFAULT; REMEDIES lf either party fails to perform any of its obligations under this Agreement
and fails to cure such failure within 15 days after receiving written notice thereoffrom the non-defaulting party,
the non-defaulting party shall have the right to terminate this Agreement by giving written notice of termination
to the defaulting party; without limitation of any other rights and remedies available to the non-defaulting party
at law or in equity, including, without limitation, the right to seek specific performance, and to recover damages,
includang attorney fees and court costs, in connection with such default; all rights and remedies being
cumulative. Owner shall indemnify, defend, and hold the County harmless from and against all claims and
actions asserted against, and all damages, losses, liability, penalties, fines, costs, and expenses, including,
without limitation, attorney fees and court costs, suffered or incurred by the County, arising from (i) Owner's
representations and warranties in this Agr.eement, or in any of the Closing Documents, if untrue; or (ii) Owner's
failure to perform any of Owner's obligations underthis Agreement, irrespective of whetherthe County delivers
a written notice of default to Owner.
12. NOTICES. All notices given by either party to the other under this Agreement shall be in writing
and shall be personally delivered, or delivered by a traceable courier, or mailed by U.S. certified mail, to the
parties at their respective addresses set forth in the introductory paragraph of this Agreement, or such other
address as may be specified by either party from time to time by written notice to the other party. Notices shall
be deemed given on the date of receipt if personally delivered, or delivered by courier, or 3 days after mailang.
13. GENERAL PROVISIONS.
A. Successors and As sions. Thi s Agreement shall inure to the benefit of and be binding upon the
parties and their respective heirs, executors, personal representatives, successors, and assigns.
B. Assionment. The parties shall not assign any rights or obligations under this Agreement to a
third party without the prior written consent of the other party.
C. Entire Aoreement. This Agreement constitutes the entire agreement of the parties as pertains
to the subject mafter hereof, and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants nol contained herein.
D. Amendments. All amendments to this Agreement must be in writing and signed by both parties
E. Time Periods. lf any deadline or expiration of any time period provided for hereunder falls on a
Saturday, SunOay or legal holiday, such deadline or expiration shall be extended to the following business day.
F. Survival. All provisions of this Agreement that are not, or by their nature cannot be, performed
prior to the Ctosing, inctuOing, without limitation, representations, warranties, and indemnity obligations, shall
survive the Closing.
c. Severabilitv. lf any provision of this Agreement is determined to be legally invalid or
unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in full force and etfect.
H. No Waiver. No party shall be deemed to have waived its right to enforce any specific provision
of this Agreement unless such waiver is in writing. Any such written waiver shall be applicable only to the
specific instance to which it relates and shall not be construed as a continuing waiver as to future instances or
as a waiver of any other provision.
l. Governino Law: Venue. This Agreement shall be governed and construed in accordance with
the laws of the state of Florida. All disputes arising under this Agreement shall be brought so
in Collier County, Florida, and the parties hereby agree to said venue
o^122-ECM-02761t181 81 56/1 l Page 6 of 7
lely in the courts
16.B.20.c
Packet Pg. 1665 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
lN WTNESS WHEREOF, the parties have executed this Agreement on the dates indicated below,
effective as of the later of such dates.
Date 2023 OWNER:
Cr,.tv\ t
R NEN GRAZIANI
--l
..:>Lr*!
Date:2023
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
By:
,Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
LEEANNE GRAZIANI
THE COUNTY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Rick LoCastro, Chairman
122-ECM -O27 6 1 I 1 8 I I 1 56 I 1 )Page 7 of 7
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16.B.20.c
Packet Pg. 1666 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
COASTAL Exhibit AENGINEERING 4 ^E ?1
CONSULTANTS I OI Z
tNc.
Coaslal and Marine Engineering
Environmental and Geological Services
Land and Marine Survey and Mapping
Website: www.coastalengineering.com
PARCEL 517CONV
COLLIER COUNTY DEED TO "GRAZIANI"
LEGAL DESCRIPTION
THE WEST 354,65 FEET OF THE NORTH 180 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT
NO, 30 AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51ACREs OF LAND
COASTAL ENGINEERING CONSU LTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
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Digirnllysigned by Ri(hard l
Ewin9
DN: (=U5, o=Florida,
dnQualifier=Aol4l 0C00000184C
4l I acl I0004E89 t, (n=Bichard l
Ewinq
Date: 2021.04.05 06:36i21 -04 00'
RICHARD J. EWING, V.P.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
cEc FtLE NO. 21.289
DATE OF SIGNATURE:
SERVJNG COASIAL COMMUNlTIES SINCE 1977
CAO
28421 Bonita C.ossings Blvd . Bonita springs. FL .14135 ll I I Nonh Range Ave.. Suire E. Denharn Springs. LA
70726 Phone (239) 6,1.3-232,1 . Fe\ (2j9) 643-l !,13 Phone (225) 523-7403
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16.B.20.c
Packet Pg. 1667 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
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16.B.20.c
Packet Pg. 1668 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
Exhibit B
1of 2
COASTAL
ENGINEERING
CONSULTANTS
INC.
Coastal and Marine Engineering
Environmental and Geological Services
Land and Marine Survey and Mapping
Website: www.coastalengineering.com
PARCEL 517FEE
,,GRAZIANI" DEED TO COLLIER COUNTY
LEGAL DESCRIPTION
THE SOUTH 150 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT NO. 30 AS RECORDED IN
PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
LESS AND EXCEPT THE WEST 354.66 FEET THEREOF
THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.59 ACRES OF LAND.
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
.fw";i;-{.;:, Digitallv signed bv Ri(hard, Ewrng
-: :j " , .: .. DN:c US,o-Ftorida,:.*i * *, i,-! dnouatifier -A014I0C0OOO0] 84c4l:=El ' jF.= 18cI00o4E891, (n=Richard J.-$]..."*i...jrj Ewins
'r?;;,lFtS.tS Dare:2023.04.0s06:3604-04'oo'
RICHARD J. EWING, V.P.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SU RVEYOR AND MAPPER
cEc FtLE NO. 21.289
DATE OF SIGNATURE:
2M2l Boniu Crossings Blvd.. Bonita Sp.ings. Ft. 14135 12l I Nonh Rargc Ave.. Suite E. Denhan Springs. LA
70726 Phone (2i9) gi-232{. t-ar (!39) 643-l l.ll Phone (125) 523-7403
E-marl : info,a',cecill.com
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16.B.20.c
Packet Pg. 1669 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
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16.B.20.c
Packet Pg. 1670 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
EXHIBIT $C))
[of the Property Exchange Agreement,
Exhibit "C" of the Board ResolutionJ
Declaration of Restrictive Covenants
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16.B.20.c
Packet Pg. 1671 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF COVENANTS (hereinafter "Declaration") is made this
-
day of
2023 by RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife, whose
mailing address is 2861 Santa Barbara Boulevard, Naples, FL 34116-7431 (collectively, "Owne/')
RECITALS:
A. Collier County, a political subdivision of the State of Florida (hereinafter, "the County") and Owner
have entered into a written property exchange agreement dated ("the Agreement")
B. The Agreement provides for an of exchange of property that will result in: 1 ) the County owntng the
property legally described in Exhibit "A", attached hereto and incorporated herein by reference ("the County
Property"), and 2) Owner owning the property legally described in Exhibit "B", attached hereto and
incorporated herein by reference.
C. Owner presently owns the property legally described in Exhibit "C", attached hereto and
incorporated herein by reference. (The properties described in Exhibits "B" and "C" are hereinafter
collectively referred to as "Owner's Property".)
D. The Agreement includes the covenants referenced in section 3 below and requires that this
Declaration be recorded in the Public Records of Collier County, Florida.
NOW, THEREFORE, to induce the County to enter into the Agreement and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Owner agrees and declares
as follows:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. Owner recognizes and acknowledges that the Agreement beneflts the Owner in that the
exchange of property will result in Owner owning property with an improved location and configuration.
Owner further recognizes and acknowledges that the Agreement is in the best interest of the County, as
required by section 125.37, Florida Statutes, inter alia because the exchange of property provided for
therein will resutt in the County owning property with a superior configuration that will potentially allow future
uses that may not have been practical, feasible or possible for the County-owned property as currently
configured.
A. Accordingly, Owner warrants, represents and undertakes that Owner will not object
to any application for an amendment to the Collier County Growth Management Plan
or for a rezoning of the County Property to permit a future use in the Gounty's sole
discretion.
B. Additionally, owner hereby waives any claim that it may have for damages or other
compensation arising from any future use of the County Property.
3. This Declaration establishes a valid and enforceable covenant running with the Owner's
Property (Exhibits.B" and "c"). owner hereby acknowledges that the benefits of the exchange of property
to the Owner (specified in the Agreement and in section 2 above) benefit, touch and are adjacent to Owner's
Property. This Declaration shall constitute covenants, conditions and restrictions that shall run with
the land, inure to the benefit of the county and the county Property and shall be binding uPon
Owner's Property and every person or entity having any interest therein or any part thereof at any
time and from time to time.
4. ln order to ensure its perpetual nature, this Dectaration shall be recorded in the Public
Records of Collier County, Florida and Owner shall reference these covenants, conditions and restrictions
in any subsequent lease or deed of conveyance of Owner's Property or any part thereof, including the
recording book and page of record of this Declaration. Furthermore, prior to the entry into a landlord-tenant
122-ECM-027 61 I 181 8 1 58/1 I Page 1 oI2
o'{:
16.B.20.c
Packet Pg. 1672 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
relationship With respect to Owner's Property or any part thereof, Owner agrees to noti, in writing all
proposed tenants of Owner's Property of the existence and contents of this Declaration.
5. lf any provision of this Declaration is held to be invalid by any court of competent
jurisdiction, the invalidity of that provision shall not affect the validity of any other provisions of the
Declaralion. All such other provisions shall continue unimpaired in full force and effect.
lN WITNESS WHEREOF, Owner has executed this Declaration of Covenants as of the date first
above written.
Date l() it5 . 2023 OWNER
\q"*,
RONEN GRAZIANI
iui--S---r--r^-r--
LE NE GRAZIANI
v Zi"'-Z'
S
Printed Name
Serial / Comm
of Notary Public
Cu
it an v):rtH
(affix notarial seal above)
Dale: _, 2023
ATTEST:
CRYSTAL K. KINZEL, CIerK of the
Circuit Court & Comptroller
By
,Deputy Clerk
Approved as to form and legality:
Derek D, Perry
Assistant County Attorney
My Commission Expires
THE COUNTY
BOARD OF COUNTY COMI\iIISSION ERS
COLLIER COUNTY, FLORIDA
By
Rick LoCastro, Chairman
)
,s2
JENNIFtt r.C(aiiR€v
Not.ry Plri)li( . state oi Fiorr6.
Commisiron i Iil 15 58!9
Ay Coftm. Erpifes Aug 17, 1025
122-ECM-027 6 1 I 1 I I 8 1 58t 1l Page 2 ot 2
STATE OF FLORIDA
couNrY or ( Cll rif
The forcooino Declaration of covenants was acknowledged before me by means of physical
presence this _]$!o"ay ot OC[t) h[r- 2023, by R9NEN GReztarul aruo LEEANNE GRAZIANI'
husband and wife, who:
_ are personally known to me;
-oR( produced da drivets license, OR n ------ as identification'
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16.B.20.c
Packet Pg. 1673 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
)
COASTAL Exhibit AENGINEERING 4 -Z '1CONSULTANTS I lJI Z
INC.
Coastal and IMarine Engineerlng
Environmental and Geological Services
Land and Maflne Survey and Mapping
Website: www.coastalengineering.com
PARCEL 517CONV
COLLIER COUNTY DEED TO "GRAZIANI,,
LEGAL DESCRIPTION
THE WEST 364.66 FEET OF THE NORTH 180 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT
NO. 30 AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNry,
FLORIDA.
THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND.
COASTAL ENGIN EERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
..';rt*:ir.r;ia
::rjlh'..:r::i ! . :-:
a2*1;;g
Digitally signed by Richard.l
Ewing
dnQualif ier=A0l 4l 0C000001 84C
4l I8C310004E891, .n=Ri(hard I
Ewing
Date: 2023-04.05 06:36:21 {4'.00',
RICHARD J. EWING, V.P.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
cEc FtLE NO. 21.289
DATE OF SIGNATURE:
23411 Bonitr('(rs$nss Bl!d. UooilaSprings. Ft llll5
71172(r Phooe I l-'iq) 6.1.1-1.'i2.1 . I a\ I 2,'l 9) 6-l-l- I I "l,i
lll I North Range Av. . Suite E. Dcnham Springs. LA
Phone t225)51.i-740i
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SF,Rv/fl6 COAS'rAL COMMUNIfIES SttnCE 1977
16.B.20.c
Packet Pg. 1674 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
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Packet Pg. 1675 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
Exhibit B
1of 2
)
COASTAL
ENGINEERING
CONSULTANTS
INC.
PARCET 517FEE
"GRAZIANI,, DEED TO COLLIER COUNTY
LEGAL DESCRIPTION
THE SOUTH 150 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT NO. 30 A5 RECORDED IN
PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNry, FLORIDA
LESS AND EXCEPT THE WEST 364.66 FEETTHEREOF.
THE ABOVE DESCRIBES 73,407 SqUARE FEET OR 1.59 ACRES OF LAND
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
'..1,r.,:Ug,g:ii.r r. s! 'ir'i
i-: r l-l1iriiil$
Digitally signed by Richard J Ewing
DN: c=lJ 5, o=Florida,
dnQualifi er=A01 41 0C000001 84C4 l
l8C3l0o04E89l, (n=Ri(had J
Ewing
Date: 2023.(N.05 06:36:04'04'00'
RICHARD J. EWING, V.P.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 21.289
DATE OF SIGNATURE:
o
U'
Coastal and Marine Engineerang
Envrronmental and Geological Servtces
Land and Marine Survey and Mapping
Website: www.coastalengineerin g.com
23411Bonita( ro\\u!s tllrd Bonira Spnngs.I:l- !"lli5 ill I Nonh Rirngc,\vc. Suilt E Denharn SpriDgs. l-,\
10716 Piore rller (r-l-i-ljl{.la\ rl,i9r6ll-ll-ll l'ho're rl25i i2.l-i.lll,i
I:-r)rarlr rrlo aaaarll.orn
StFY,T',iG CCAS /Ai COMM|JNI NES SINCE 1977
16.B.20.c
Packet Pg. 1676 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
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16.B.20.c
Packet Pg. 1677 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
The North 150 feet of Tract 110, GOLDEN GATE
ESTATES, Unit No. 30, according to the plat thereof
recorded in Plat Book 7, Page 58, in the Public Records of
Collier County, Florida.
Parcel No.38169880007
aqr
EXHIBIT "C'
16.B.20.c
Packet Pg. 1678 Attachment: Agreement - Exhibit C to Resolution (27138 : 99999-517CONV Graziani)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF COVENANTS (hereinafter "Declaration") is made this
-
day of
, ?023 by RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife, whose
mailing address is 2861 Santa Barbara Boulevard, Naples, FL 34116-7431 (collectavely, "Owne/')
RECITALS:
A. Collier County, a political subdivision of the State of Florida (hereinafter, "the County") and Owner
have entered into a written property exchange agreement dated ("the Agreement")
B. The Agreement provides for an of exchange of property that will result in: 1) the County owning the
property legally described in Exhibit "A", attached hereto and incorporated herein by reference ("the County
Property"), and 2) Owner owning the property legally described in Exhibit "B", attached hereto and
incorporated herein by reference.
C. Owner presently owns the property legally described in Exhibit "C", attached hereto and
incorporated herein by reference. (The properties described in Exhibits "8" and "C" are hereinafter
collectively referred to as "Owner's Property".)
D. The Agreement includes the covenants referenced in section 3 below and requires that this
Declaration be recorded in the Public Records of Collier County, Florida.
NOW, THEREFORE, to induce the County to enter into the Agreement and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Owner agrees and declares
as follows:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. Owner recognizes and acknowiedges that the Agreement beneflts the Owner in that the
exchange of property will result in Owner owning property with an improved location and configuration.
Owner further recognizes and acknowledges that the Agreement is in the best interest of the County, as
required by section 125.37, Florida Statutes, inter alia because the exchange of property provided for
therein wlll result in the County owning property with a superior configuration that will potentially allow future
uses that may not have been practical, feasible or possible for the County-owned property as currently
config ured.
A. Accordingly, Owner warrants, represents and undertakes that Owner will not object
to any application for an amendment to the Collier County Growth Management Plan
or for a rezoning of the County Property to permit a future use in the County's sole
discretion.
B. Additionally, Owner hereby waives any claim that it may have for damages or other
compensation arising from any future use of the County Property.
3. This Declaration establishes a valid and enforceable covenant running with the Owner's
Property (Exhibits "B" and "C"). Owner hereby acknowledges thatthe beneflts ofthe exchange of property
to the Owner (specified in the Agreement and in section 2 above) benefit, touch and are adjacent to Owner's
Property. This Declaration shall constitute covenants, conditions and restrictions that shall run with
the land, inure to the benefit of the county and the county Property and shall be binding upon
Owner's Property and every person or entity having any interest therein or any part thereof at any
time and from lime to time.
4. ln order to ensure its perpetual nature, this Declaration shall be recorded in the Public
Records of Collier County, Florida and Owner shall reference these covenants, conditions and restrictions
in any subsequent lease or deed of conveyance of Owner's Property or any part thereof, including the
recording book and page of record ofthis Declaration. Furthermore, prior to the entry into a landlord-tenant
|?2-ECM-027 61 t181 8 1 58/11
o'd3
Page I o'f 2
16.B.20.e
Packet Pg. 1679 Attachment: Declaration of Restrictive Covenants - Exhibit C to Agreement (27138 : 99999-517CONV Graziani)
relationship with respect to Owner's Property or any part thereof, Owner agrees to notity in writing all
proposed tenants of Owner's Property of the existence and contents of this Declaration.
5. lf any provision of this Declaration is held to be invalid by any court of competent
jurisdiction, the invalidity of that provision shall not affect the validity of any other provisions of the
Declaration. All such other provisions shall continue unimpaired in full force and effect.
lN WTNESS WHEREOF, Owner has executed this Declaration of Covenants as of the date first
above written.
Date 2023 OWNER
RONEN GRAZIANI
LE ANNE GRAZIANI
q^
STATE OF FLORIDA
couNrY oF ( 0ll ier
The foteqoinq Declaration of Covenants was acknowledged before me by means of physical
presence this -Jf!o:av ot ()Chlfr- 2023. by RoNEN GRAZIANI AND LiEANNE GRAzlANl,
husband and wife, who:
_ are personally known to mei
-oR/ produced da driver's license, OR E
ilmn,
slsf,awe of N"tan/ Pubhc
Co
Prnted Name
Serial i Commiss on if an ljH
as identification
v)
(affix notarial seal above)
Date , 2023
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
By
, Deputy Clerk
Approved as to form and legality
Derek D. Perry
Assistant County Attorney
My Commission Expires
THE COUNTY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
Rick LoCastro. Chairman
oVC
ffi JEIIIIFER flCC^:FRE!
Iotarl Publi<. Stata oi;ioada
Comfiirrion i tn 16 58!9
^4y
Comfi. ExD'ni Alt 17. 202!
[22-ECM-02761 i I 81 81 58/1]Page 2 of 2
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16.B.20.e
Packet Pg. 1680 Attachment: Declaration of Restrictive Covenants - Exhibit C to Agreement (27138 : 99999-517CONV Graziani)
COASTAL Exhibit AENGINEERING ,I ^A '',CONSULTANTS I UI Z
INC.
Coastal and Marine Engineering
Environmenlal and Geological Services
Land and Marine Survey and Mapprng
Website: www.coastalengineering.com
PARCEL 517CONV
COLLIER COUNTY DEED TO "GRAZIANI,,
LEGAL DESCRIPTION
THE WEST 364.66 FEET OF THE NORTH 180 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT
NO. 30 AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNry,
FLORIDA.
THE ABOVE OESCRIBES 55,639 SQUARE FEET OR 1.51ACRES OF LAND.
COASTAL ENGINEERI NG CONSULTANTS, INC,
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
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Digitally signed by Ri(ha.d.l
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ON:c=US, o=Flolida,
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41 1aC310004E891, cn=Ri.hard l
Ewing
Dare: 2023.04.05 06,36:2 r -04 00
RICHARD J. EWING, V.P.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
cEc FrLE NO. 21.289
DATE OF SIGNATURE:
28421 Bonita Crossinels Blvd.. Bonita Spnngs. FL .l{ I l5 ll I I Nonh Rarge A}... Surte E. Denham Springs. LA
7f,726 Phonr ( 239) 6j-1124 . Fa\ (2jq) fli- l l.lj Phonc {225) 523-7403
F-nail inlb'iicccifl com
-SERVIAIG COXS IAi COMMUN]1785 S]NCE 7917
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16.B.20.e
Packet Pg. 1681 Attachment: Declaration of Restrictive Covenants - Exhibit C to Agreement (27138 : 99999-517CONV Graziani)
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Packet Pg. 1682 Attachment: Declaration of Restrictive Covenants - Exhibit C to Agreement (27138 : 99999-517CONV Graziani)
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COASTAL
ENGINEERING
CONSULTANTS
INC.
Coastal and Marine Engineering
Environmental and Geological Servrces
Land and Maflne Survey and Mapping
Website: www.coastalengineering.com
PARCET 517FEE
"GRAZIANI" DEED TO COLLIER COUNTY
LEGAL DESCRIPTION
THE SOUTH 150 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT NO. 30 AS RECORDED IN
PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNry, FLORIDA
LESS AND EXCEPT TH E WEST 364,66 FEET THEREOF
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
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Digitallysigned by Richard I Ewing
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dnQualifi er=A0141 0C000001 84C41
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Ewing
Dare: 2023.04.05 06:36i04 -04',00'
RICHARD J, EWING, V.P.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 21.289
DATE OF SIGNATURE:
o
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Exhibit B
1of 2
THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND.
28421 Bonita Crossings Blvd., Bonita Springs, Ft- l l ll5 l2l I Nonh Range Ave . Suirc E. Denharn Springs. LA
70726 Phon€ (239) 6ll-2324 . Fax (219) 613-l I4i Phonc (225) 523-7403
t-mail: iqtilr!9q!!.!er0
16.B.20.e
Packet Pg. 1683 Attachment: Declaration of Restrictive Covenants - Exhibit C to Agreement (27138 : 99999-517CONV Graziani)
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16.B.20.e
Packet Pg. 1684 Attachment: Declaration of Restrictive Covenants - Exhibit C to Agreement (27138 : 99999-517CONV Graziani)
The North 150 feet of Tract 110, GOLDEN GATE
ESTATES, Unit No. 30, according to the plat thereof
recorded in Plat Book 7, Page 58, in the Public Records of
Collier County, Florida.
ParcelNo. 38169880007
aro
EXHIBIT *C"
16.B.20.e
Packet Pg. 1685 Attachment: Declaration of Restrictive Covenants - Exhibit C to Agreement (27138 : 99999-517CONV Graziani)
RESOLUTION NO.2023.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE EXCHANGE OF I.5I ACRES OF
LAND ON THE SOUTH SIDE OF PAINTED LEAF LANE
CURRENTLY OWNED BY COLLIER COUNTY FOR 1.69
ACRES OF ADJOINING LAND AND APPLICATION FOR
THE REI,ATED I,OT LINE, ADJUSTMENT.
WHEREAS, Cotlier County (the "County") owns a 1.51-acre portion of land on the south
side ofPainted LeafLane that is not needed for county purposes (the "County Exchange Parcel",
more fully described in Exhibit "A" attached hereto and incorporated herein by reference); and
WHEREAS, Ronen and Leeann Graziani (the "Grazianis") own a 1 69'acre portion of
adjoining land (the "Graziani Exchange Parcel", more futly described in Exhibit "B" attached
hereto and incorporated herein by reference); and
WHEREAS, the assemblage of the Graziani Exchange Parcel with adjoining properfy owned
by Collier County will provide the County with properry more suitable for public use; and
WHEREAS, the assemblage of the County Exchange Parcel with adjoining property owned
by the Grazianis will provide the Grazianis with property more suitable for improvement; and
WHEREAS, the County holds and possesses the County Exchange Parcel, *'hich is not
needed for County purposes, and such property is in the best interest ofthe County exchanged for
the Graziani Exchange Parcel. which the County desires to acquire for County purposes; and
WHEREAS, staff has recommended that the Board of County Commissioners ("Board")
authorize the propert-v exchange subject to the terms and conditions more fully set out in the
Property Exchange Agreement, incorporated by reference herein and attached hereto as Exhibit
"C", including that the Grazianis pay consideration of$28,000 to the County plus all costs related
to the property exchange; and
WHEREAS, to facilitate the formal adjustment of lot lines between the properties, the
Grazianis will make application and obtain approval for a required Lot Line Adjustment, pursuant
to Land Development Code section 4.03.04 B; and
WHEREAS, advertised notice of the County's intent to exchange the County Exchange
Parcel was published once a week for two weeks in a newspaper of general circulation in Collier
Connty, as required by Florida Statutes section 125.3'1 and Resolution No. 2021-243 -
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COI.INTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thAt:
[22-ECM-02761i I 8I8I 59/ l ]Page I of2
cAO
16.B.20.f
Packet Pg. 1686 Attachment: Resolution (27138 : 99999-517CONV Graziani)
1. All of the above recitals are true and correct and ale hereby expressly incorporated herein
by reference as if set forth fully below.
2. The exchange ol I .51 acres of land on south side of Painted Leaf Lane, owned by Collier
County, described in Exhibit "A", in return for I .69 acres of adjoining land, described in
Exhibit "B", as shown in the Exchange Before and After (incorporated by reference
herein and attached hereto as Exhibit "D'), is hereby approved and the Board's Chairman
is hereby authorized to execute any and all documents required to effectuate exchange of
property described herein.
3. The Board's Chairman or the County Manager or designee is hereby authorized to
execute any and all documents required to effectuate the related and required Lot Line
Adjustment application, at the determination of the County Manager or designee.
THIS RESOLUTION ADOPTED upon majority vote on this
-
day of 2023
ATTEST:
Crystal K. Kinzel, Clerk
8.,-
Deputy Clerk
Approved as to form and legalitv:
Derek D. Perrv
Assistant C ouni)- Attorney
Attachments:
Exhibit "A" - County Exchange Parcel
Exhibit "B" - Graziani Exchange Parcel
Exhibit "C" - Property Exchange Agreement
Exhibit "D" - Exchange Before and After
BOARD OF COTJNTY COMMISSIONERS,
COLLIER COI.INTY, FLORIDA
By:
Rick LoCastro, Chairman
[22-ECI\4-0276 1i I 8 I 8 I 59i I ]Page 2 of 2
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16.B.20.f
Packet Pg. 1687 Attachment: Resolution (27138 : 99999-517CONV Graziani)
Exhibit 66A))
County Exchange Parcel
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[22-ECM-02761/181 8159/1]
16.B.20.f
Packet Pg. 1688 Attachment: Resolution (27138 : 99999-517CONV Graziani)
COASTAL Exhibit AENGINEERING 4 -T ?I
CONSULTANTS I OI Z
INC.
Coastal and Marine Engineering
Environmental and Geological Services
Land and Marine Survey and |\ilapping
Websiter www.coastalengineering.com
PARCEL 517CONV
COLLIER COUNW DEED TO "GRAZIANI,,
LEGAL DESCRIPTION
THE WEST 364.56 FEET OF THE NORTH 180 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT
NO. 30 AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51ACRES OF LAND.
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
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dnQualiii€r=A0l 41 0C000O01 84C
41 lEC31@04E891, (n=Bi(hard J
Ealnq
Oate: 2023.04.05 06:36:2I {4 00
RICHARD J. EWING, V.P.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
TICENSED SURVEYOR AND MAPPER
CEC FILE NO. 21.289
DATE OF SIGNATURE:
!S4llllonnaCrossingstshrl.llonrtaSprrngs FI -3Jli! llllNonhRansr,\!.. SurlcF. Dcnham Sprirgs. LA
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16.B.20.f
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Packet Pg. 1690 Attachment: Resolution (27138 : 99999-517CONV Graziani)
E,xhibit (68))
Graziani Exchange Parcel
[22-ECM-02761/1 81 81 59/1]oPo
16.B.20.f
Packet Pg. 1691 Attachment: Resolution (27138 : 99999-517CONV Graziani)
Exh bit B
of21
COASTAL
ENGINEER NG
CONSULTANTS
tNc.
Coastal and Marine Engineering
Environmental and Geological Services
Land and Manne Survey and Mapping
Website: www.coastalengineering,com
PARCEL 517FEE
"GRAZIANI" DEED TO COLLIER COUNry
LEGAL DESCRIPTION
THE SOUTH 150 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT NO. 30 AS RECORDED IN
PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1,69 ACRES OF LAND.
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
..tiiii,'4
::iir h.r3. iri:.: r :.i
+rriil$
Digitally signed by RichardJ Ewing
DN: (=US, o=Florida,
dnQualifier=A01 410C000O0184C41
18C31 0004E891, cn=Bichard I
Ewing
Oate: 2021.04.05 06:36:04 -04'00'
RICHARD J. EWING, V.P.
PROFESSIONAL SURVEYOR AN D MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 21.289
DATE OF SIGNATURE:
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Property Exchange Agreement
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[Insert Exhibit "C" to Resolution;
Property Exchange AgreementJ
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Exchange Before and A{ter
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PROPERTIES BEFORE EXCHANGE
PROPERTIES AFTER EXCHANGE
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