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Backup Documents 02/13/2024 Item #16B 3 .ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i 68 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office 0 D p s((12. 2. BCC Office Board of County T 1 Commissioners 4. / 3/4 1 3. Minutes and Records' Clerk of Court's Office 6/0/4 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L. Goldsboro Phone Number 252-5880 Contact/ Department Transportation Engineering-ROW Agenda Date Item was 2-13-2024 Agenda Item Number 16-B-3 Approved by the BCC Type of Document County Deed Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the RLG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RLG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. RLG Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2-13-2024and all changes made during DD n N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the p N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the OW V an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 i683 INSTR 6576284 OR 6384 PG 2893 RECORDED 7/30/2024 10:22 AM PAGES 3 Prepared and return to: Michelle L. CLERK OF THE CIRCUIT COURT AND COMPTROLLER Sweet,Assnt Mngr Collier County COLLIER COUNTY FLORIDA Transportation Engineering-ROW DOC@.70$1,922.90 REC$27.00 2885 Horseshoe Drive S CONS$274,680.00 Naples, Florida 34104 [space above for recording data] PROJECT: 99999-Miscellaneous PARCEL: 517CONV FOLIO: 38169760004 COUNTY DEED (Sec. 125.411, Florida Statutes) THIS DEED is made this 13T day of Fteeu1ce. 2024, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing ddress is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 ("Grantor"), to RONEN GRAZIANI and LEEANNE GRAZIANI, husband and wife, whose mailing address is 410 29th St. NW, Naples, FL 34120 ("Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors, and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby conveys to Grantee the following described land situate in Collier County, Florida: See Exhibit "A" attached hereto. Being a portion of the property conveyed to Grantor by Deed recorded in Official Record Book 4439, Page 1751, of the Public Records of Collier County, Florida, Subject to easements, restrictions and reservations of record and with reservation unto the Grantor of a road right of way, drainage and utility easement along the northerly thirty feet thereof. IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson of said Board, the day and year aforesaid. ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER CO N Y, FLORIDA ' r •_ tti By: eputy ierk Attest as to Chairman's Chris all, Chairperson signature only A ro ed as o f m d legality: or;a_iK.Kinzel,Cler' ,fCc:rtsin and Mr Collier County do certif."that the above instrument is a true and correct ylas the 0,0nal dad ip Mier County,F,o1f - B : I L,I.t�L.�tr'l 1�-OePub Clerk DEREK D. PERRY, ESQ. Date. 1 30/ County Attorney ? 6B3 poCOAST Exhibit A Coastal and Marine Engineering E N G I N E E AL R I N G Environmental and Geological Services CONSULTANTS 1 of 2 Land and Marine Survey and Mapping � - Website: www.coastalengineering.com INC. 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 COUNTY, FLORIDA. THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 0,0E.'''''2C' Digitally signed by Richard J 9 *, No.szss •,* DN:c=US,o=Florida, * = dnQualifier=A01410C00000184C �•• STATE OF $_ 4118C310004E891,cn=Richard J , or:o Ewing OORI �1 '�.;��'s �4 ''`' Date:2023.04.05 06:36:21-04'00' 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: 28421 Bonita Crossings Blvd.,Bonita Springs,FL 34135 1211 North Range Ave.,Suite E,Denham Springs,LA 70726 Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403 1 68 3 , t d- Z_.....-- N c v c _ o Zm w ,- w < 0 -o 00 v W z p (I) O oz - a QE o f--z V „E � w0 0 <Z Z 0 �� � _ � � � W O v- a rn v H Q W o pQ n.p p � Qwa o vom ZQrnz Q 0 p o f co �=� 8N V) � 0 . 0 N N M Q O Q �Z o m r (n q p II o J � � oo `ovwo � z = � Q 0 c � � ZD 0 � WI- aIY O `- W 0 EQ > � I- w w m 0m Linn �pUp � � � W Z Z W • ,,,,t.. as Z LL O ! > ~ o /\ Z G _ O �a E < z V � (:';11..:E,;,,,,,,.:!; ` �c �' wZ ~ ~ J � Z O V/ w � 0 w � �` OwZ � O /�/ _ N J 0 '^ N << LL N > O Z O Z U IZZ lir W Q0 VOUIwwl- a P U > OJ O LL aJHJ0IY Li Z N m a ' N O n Z LL V/ 1i N w NO 0N p w �1 0 � Pa2 o NO U) Z < CV Z ci Q a--• 4— J CO H a w w LL O 2 O O U y Q K _CDQ Z W o N CC oU U Z o o� X W w = I-- Ln F ° W Z m � W M ZW Lli Y J W J w w 0 (n W (0 W coOPbo as 1 ',IT) or UJ _ w Q O Q w 1- AVM JO 1H�JIH 90l Z o w o aHVAD1noe VId8HV V±NVS - o .00.09 6 z- M,.00.Z£000S Q -cy;0 —, -- - - - - L _ 0 � g — ti - - _ _ w Za co , r z , � Z O w dt d-co w ; cc zo u W J U 3WLLC L11 o p � C1 11 m 0 0 `o co O o z o a o � o v w � a v < Zu CD O) o O o 0 0 a 0 O z O � � O ❑ o � z a -tYi CD TOn Z 0_ Ta CO w z CO O O E H E 0 - a o I- I- � ao Z Ln Z z LL Q � Q Q w �„ r Ct D O b f p = z Doo op(0 > Z Er) = zw R. o � '"P OLLw coMo Yoo Lo -U W rn = w w (n ¢ o U Q O o r J co to 1.0 0 00)0 NvE E 4 U .Q+ 0 ZUZ N_.O O n/ W> a(-O W a,WWj L.L Oo g.20 m m v /- u) z.,-,,zvN.gn. LL WO> WLL�- gO> O gKJ = m 2O a uW 0 0_ 0 ZOZ > az� o Q O o _ 00 0 O QZZ O � �0 ❑ co 00 ❑ o20 W r" I- 5: z ,-f Z X Yi1 o Q Z ii z INSTR 6576281 OR 6384 PG 2878 RECORDED 7/30/2024 10:22 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 l 683 LOT LINE ADJUSTMENT AFFIDAVIT NOW COMES Ronen & Leeanne Graziani , who being duly sworn, depose and say: 1. Ronen & Leeanne Graziani are the fee simple title holders to that property legally described as GOLDEN GATE EST UNIT 30 S 150FT OF TR 109 (hereafter Lot"A"). 2. Collier County are the fee simple title holders to that property legally described as GOLDEN GATE EST UNIT 30 N 180FT OF TR 109 (hereafter Lot"B"). 3. (If applicable)n/a are the fee simple title holders to that property legally described as n/a (hereafter Lot"C"). 4. The parties desire to(please check one): ©a) adjust a lot line and create two revised Lots,as depicted in the sketch and legal descriptions prepared by Rick Ewing , Florida Professional Land Surveyor#5295 , attached hereto and made a part of here as Exhibit"A";or ❑b)adjust the center of and extinguish Lot"B", so that a portion of Lot"B"becomes annexed to and a part of Lot"A",and a portion of Lot"B" becomes annexed to and a part of Lot"C", as depicted in the sketches and legal descriptions prepared by , Florida Professional Surveyor # , attached hereto and made a part hereof as Exhibit"A". 5. Ronen& Leeanne Graziani , as the owner(s) of said Lot"A", hereby consents to the lot line adjustment and resulting lot formation in accordance with LDC section 4.03.04. 6. Collier County , as the owner(s)of said Lot"B", hereby consents to the lot line adjustment and resulting lot formation in accordance with LDC section 4.03.04. 7. n/a , as the owner(s)of said Lot"C", hereby consents to the lot line adjustment and resulting lot formation in accordance with LDC section 4.03.04. 8. The lot line adjustment meets the standards of, and conforms to,the requirements of LDC section 4.03.04, including the dimensional requirements of the zoning district and subdivision where the lots are located. 9. The property described hereon is Zoned E-Estates and meets the intent of the LDC,as amended. 10. Furthermore, the lot line adjustment will not affect the development rights or permitted density or intensity of use of the affected lots by providing the opportunity for the creating of new lots for resale or development within the meaning of LDC section 4.03.04. 11. This Affidavit has been reviewed and approved by " 'j1;1/) lo, of the Growth Management Department of Collier County, Florida on the 1.1 .:y of 4y , 2024 . SIGNATURES OF OWNERS: a 1 /' SIGNATURE: SIGNATURE: stbNAT RE: Ronen Graziani Leeanne Graziani J"`ri Ai k M14 D PRINT NAME: PRINT NAME: PRINT NAME: Di a. ra nSFvra-,0,-1 ,riee y' ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF c"", The foregoing instr m nt was acknowledged before me by means of 0 physical presence or❑ online notarization this day of , 20aq by Ronen Graziani who❑ is personally known to me or as produced Ler L(Cr Se as identification. 1 ;''µ.• 6'' JENNIFER<CAFFREY (o (/401411 of Notary Public) 0 Notary Public-State of Florida 6585nn C,/ Au Ca4VeIIMy Comm.Expiru17, 025 ' I lJ�° (affix notarial seal) ' (Print Name of otary Public) 7/07/2021 Page 3 of 4 STATE OF FLORIDA COUNTY OF Collier 16 B 3 The foregoing instrument wasalnowledgedd before//�� me by means of®physical presence or Elonline online notarization this .J day of MULI , 202 by Leeanne� Grazianii • I i ,whop is personally known to me or 12 has produced tJ r (d��_ J J I l.f'I( as iden 'fication. o-44; ... JENNIFER MCCAFFREY � i' Notary Public••State of Florida ,,4O .. Commission;HH 165859 ) (Sig re Notary Public) F Fi My Comm.Expires Aug 17,2025 t U Vn f / ir C ' (Print Name o Notary Public (affix notarial seal) STATE OF FLORIDA COUNTY OF C o t 11 L(— The foregoing instrument was acknowledged before me by means of 4E)physical presence or ❑online notarization this /6 Ili day of AlAy 2Q/, by I,6-I A h Ma C\ ,who[As personally known to me or ❑ has produced as identification. 4;?,/,_____/__ )17.,,--- (Signature of Notary Public) r°1.P.I:�. ROBIN L.GOLDSBORO C \or Commission#HH 379133 (Print Name of Notary Public) *Ili JdbtariM flarcli 27,2027 STATE OF FLO' 0 COUNTY OF The foregoing instrument was .. owledged before me by means of❑physical presence or ❑online notarization this day • , 20_, by ,who Ells personally known to me or El has produced as iden ..tion. (Signature of Notary -.• ic) (Print Name of Notary Public) (affix notarial seal) 07/07/2021 Page 4 of 4 oz Sin 80 ss f , P $ q gg b 3�y O y (TOTAL) N00'21'30'W 330.38'(S) j, y N0011910'E 150.00'(D) NOO119101E 180.001(D) � J 4 LAY 5 . !0 W 1m P xn4 my4" 1 @a 9y4 CDm I G3 mom g. gg +'yy oil yy iE 4 per 00, yy Z1 Q+�E.gS 1 O �y T as 0V: $4 mg ffi mom 11; � s A $ v n gVOT s,$ 818 (TOTAL) 1100121'30V 33022(S) —1` 2 0 V\ r F a'1 N00'191PE 150.001(D) NW'19'10'E 180.00'(D) m -1N00'21'301Y 150.15(S) NOU'2110'W 180OT(S) D i T RFfi 0o� <Z c-I / 8 Rz o Sm O 5N p 088 Sim;:9 gg om, 5s ,Aoo� r To sn, C > 0 6 r W i. 55 map . I5 ;4421 5 fm ;H z 29 g _ "N1N y^ 4 4, 88 ``®__ 6----P_L2_ CY Ey a4 PARCEL135 PARCEL136 I _R Rw« u« PAGE IQ/ — (u.R.BDDN.us.PAGE 1>.I �I ROAD RROW, AGE 6UMv 1 ROAD R.O.W.DRAMA( .OEM' I EASEMEN---_ 1 l T 500'15R0'E 190(D) I 5001 E 150.O(S) S00'18L9'E 149.T(5) C 300'18049'E 150.03'(S) 85 500115.20'E 150.0O(D) 11 S00115'201E 180.00(0) r S00118481E 1495151(S) 1 S00118'48'E 180.051S) SOO11520'E 330 00(P) S00111248'E 330.00(6) SANTA BARBARA BOULEVARD 10W RIGHT OF WAY 00=n i E grm em "oiiim y o m"omo" $ $ S � O a o e So gqqNiPiiil eg€aim E o :6 F m -o T;,4go6 9m£ g€ IR mn,m'ni —i ;�mB m m z £s ,- 6 S g� 6 wed 6 m r PFM 8 :5 m £€ _ Px );fig gp o ss g',ao'a„ As FIr g1i Stlgit > " a i i g mmS a !' ,�z�� i l i I $ m ~; -$. c s COASTAL AND MARINE ENGINEERING OInNr DATE. 0123124 NKE: 1. " COASTAL ENVIRONMENTAL AND GEOLOGICAL SERVICES RONEN AND LEEANNE GRAZIANI I.n �ENGINEERING LAND AND MARINE SURVEY AND MAPPING TRLE DRAWN. MMW FR. G688"`.d,7.... V .•: .v.: CONSULTANTS P DNED RJE8D' 55 G INC. BOUNDARY SURVEY OF PART OF TRACT 109 OF F 29' 493I ORE PHONE:(229)fi4J•222a GOLDEN GATE ESTATES UNIT NO.30 AS RECORDED IN PLAT BOOK SCRO SING BOA 19TT FAJI'(2J9)6C3.1143 T.PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, 21289 ROSTrA SPRACS.FLOR SBOULEVARp ca818 In9ineenna,com FLORIDA. p BONRA SPRINGS.FLORIDA 34135 w E.M.lnfo(ceGS.com EF...21288FAST PARCELAOUNDARY NO. DATE BY REM..DESCRIPTION R§ -.� 6 B 3 sab t ooC.9 8',i-,3„. *,, 3333 ,'S m F 3 'Y mO_ x7 d& ? 1 mW o LO i Y'tR x opp F „. N0010E 0( 330,0(S) 0 N00'212170'W 300 7 rXl 160.21.151 aiq 4.11 gx Dy Rorn 5 4 gTA P n it 6.5 14 5 20 Irl . 10 z 15 D I$ Rent. 7ST S% o�g35 A$mm gg m, gOo o00 old jj(( D g D �.° xx 41 8 1 m ea.se1o) _.1l 0 m.�svro0) 16000)0) \ r - 1 N00'1910Ee330.00(D) g C 70 N00.211V 330.22(S) D T1 o: 'm RZ g 0 , oomo m• R FIg R gg q3 ill. N oirF' i ;Dim f -• gm ffigm o28 Vffi 0 m immi m O!O oA$ E gp$ rim ° mo z $,, o ba G1 +u-,. 4 ga PARCEL135 PARCEL136 1 5 Assoc.was.PAGE,w/ SIR.EC.Sari.PA0E,M1 CI ROMS R.O.W. EASEMENT_ R.O.W. EASEMENT 1 L $00.15.200E 150.8(D) t— 500.1S20•E 150.00'D) VIZ 500.18049E 1499719) S00.18L0E 150.03(5) S S00.1520E 150.00(D) 500.15.20.E 180.00(0) 1 500.1048E 149.95'I9) 500.180480E 180.05'(S) SANTA BARBARA BOULEVARD 108'RIGHT OF WAY ggC1D i G ,- B B '�=m a '°' " "o►Aim i mFno i, 5 GG n z - 2�, gmi.•0 m mmnt ' M „MB ; m o m ,�Z F''.'11° 6 ''EAAo<<m uulr0055 41 r $i'ig v. :g 1 o' g1.';' ,, RR &$ m -Nee 0 m E'"€iH' g '" so Rai b x ao€ $$m$`F P'" Cy, 9 fi m �� 2 �6slier & tu� �+a m . Mo Y r AA �gm?Uf$T1 R g' " E. $_m m 8 men.. G � �I '!H ` A oD 5y '" S ffi 8 £ r 8 COASTAL ASS MARINE ENGINEERING CUENT DATE: Ml23'N SGLE: 1• eA• °O1."'.�„ �.°W1u„'„:ya'.�.,',.a:o'n':.'.a",.a'o'7'°".A,o COASTAL ENV IRON AND AND MARINES GEOLOGICAL SERVICES RONEN AND LEEANNE GRAZIANI A ENGINEERING LAND AND MARINE SURVEY AND MAPPING E EGAWK MMw F.B. Geggw.•4/4i..,,4'4.4„4..:w •�'rt�P•w'�'a " CONSULTANTS PHONE 12398 3,,.3 N R E ES INC. BOUNDARY SURVEY OF SUE EST NO.36AS FEET RECORDED F 29IT''' 405110 G OBE PAK $ TRACT 109 OF GOLDEN GATE ESTATES UNIT N0.30 AS RECORDED 2324 " Sammy FEW.Sap 19E7 IN PLAT BOOK 7,PAGE 58 OF THE PUBLIC RECORDS OF COLLIER AU0 NG. 21.289 7 BONITA SPRINGS,FLORIDA 34135 28421 BONITA CROSSINGS BOULEVARD W $4011a4yin ne0riny.00m RI COUNTY.FLODA. REF. :289•PARCEL SIICONV•BOUNDARY NO. DATE Ire REVISION 0E5CiCP110N E•Ma1:'1100V00A,mn, 683 INSTR 6576282 OR 6384 PG 2882 RECORDED 7/30/2024 10:22 AM PAGES 3 Prepared by: Leeanne Graziani " I/0 24111 ST NG✓ CLERK OF THE CIRCUIT COURT AND COMPTROLLER Record and return to: f_ 34/20 COL LIE ROCOUNTY FLORIDA RECCollier County Transportation Engineering—ROW 2885 Horseshoe Drive S Naples,Florida 34104 [space above for recording data] PROJECT: 99999-Miscellaneous PARCEL: 517FEE FOLIO: 38169800003 WARRANTY DEED THIS WARRANTY DEED is made this `\IIC day of 2024, by RONEN GRAZIANI and LEEANNE GRAZIANI, husband and wife, whose mailing address is 410 29th St.NW, Naples,FL 34120(collectively,"Grantor"),to COLLIER COUNTY,a political subdivision of the State of Florida,whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney,Suite 800,Naples, FL 34112("Grantee"). (Wherever used herein the terms"Grantor"and"Grantee"include all the parties to this instrument and their respective heirs,legal representatives,successors,and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH:That Grantor,for and in consideration of the sum of Ten Dollars($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby conveys to Grantee,the following described land situate in Collier County,Florida: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. Being a portion of the property conveyed to Grantor by Deed recorded in Official Record Book 3103, Page 0866,of the Public Records of Collier County, Florida. TO HAVE AND TO HOLD the same,together with all the tenements,hereditaments,and appurtenances thereto belonging or in anywise appertaining,in fee simple forever. Grantor hereby covenants and warrants that Grantor is lawfully seized of said property in fee simple;that Grantor has good right and lawful authority to sell and convey the property;that Grantor hereby fully warrants the title to the property and will defend the same against the lawful claims of all persons whomsoever; and that the property is free of all encumbrances except for easements, covenants, and restrictions of record and the lien of real estate taxes and assessments not yet due and payable. Grantor represents that Grantor's property is not homestead property, nor is it contiguous thereto. This property is not being acquired by Collier County pursuant to a petition in eminent domain and is not subject to the restrictions imposed by Section 73.013, Florida Statutes. [signature page follows] .'ONVEvANCE ACCEPTED BY THE z _=.i N";Y COMMISSIONERS, .:OI? r COUNTY,FLORIDA, 'URSUANT i0 THE PROVISIONS This property has been acquired under F RESOLUTION NO. l02- -018 threat of condemnation and is exempt from documentary stamp fax i683 IN WITNESS WHEREOF,Grantor has executed this instrument on the day and year first above written. Witnesses: PerisLr . 101/41"0‘1 1 RONEN GRAZIANI atria ailing Printed Name Pot Office A ress: lo9a I.e . s�!/o NP Sig ure(Witness 2)/2/1"91E- c::;: „„swL_0...v--,,r--x--ZN+aet:' LEEANNE GRAZIANI Ir-trO JJex 'NOW Cxj Printed Name Post Office Address: 50q 2 Stre&gi C.-1- Nrupv? :FL 3'4 I I O STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of [physical presence or❑online notarization this I day of M co/CA ,2024, by RONEN GRAZIANI and LEEANNE GRAZIANI,husband and wife,who: V are personally known to me; OR produced ❑a driver's license,OR ❑ as identification. —.01116 KARRIE E WALLING Signatu otary P c V---- 4'411I l Notary Public-State of Florida Kerrie !+1laliing 1. _ Commission # HH 34897 i l,' My Commission Expires Printed Name '',47,1; August 23, 2024 Serial/Commission#(if any): a ve My Commission Expires: pr ved as to form and legality: .01A4DP/ "-- De/Get - v. PF-rc-.c Assistant County Attorney( Last Revised 2/12/24 2 1 63 3 Exhibit"A" 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 364.66 FEET THEREOF THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE i 68 3 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee s (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office O O ti I15I ZA 4. BCC Office Board of County Commissioners CA , 11611 Zl(512`7__ 5. Minutes and Records Clerk of Court's Office nil 'i j„),-ut PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was 2-13-2024 Agenda Item Number 16 B 3 Approved by the BCC Type of Document Property Exchange Agreement,Resolution, Number of Original Attached Declaration of Restricted Covenants Documents Attached 3 PO number or account number if document is N/A c Dd O l? to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2-13-2024 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the ID Dr Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1693 11 RESOLUTION NO. 2024 - 1 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXCHANGE OF 1.51 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 RELATED LOT LINE ADJUSTMENT. WHEREAS, Collier County (the "County") owns a 1.51-acre portion of land on the south side of Painted Leaf Lane 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 fully described in Exhibit `B" attached hereto and incorporated herein by reference); and WHEREAS,the assemblage of the Graziani Exchange Parcel with adjoining property owned by Collier County will provide the County with property 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, which is not needed for County purposes, and such property is in the best interest of the 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 property 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 County, as required by Florida Statutes section 125.37 and Resolution No. 2021-243. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [22-ECM-02761/1818159/1] Page 1 of 2 6B3 1. All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The exchange of 1.51 acres of land on south side of Painted Leaf Lane, owned by Collier County, described in Exhibit"A", in return for 1.69 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 13th day of February 2024. F ;,.,ATTEST: BOARD OF COUNTY COMMISSIONERS, • _Costal K. Kinzel, Clerk COLLIER COUNTY, FLORIDA AAJ-lotk, T. ._-_ 4k - By: first as t0 di Clerk Chris all, Chairman g ' signature only, Approved as to form and legality: 0 � 0� Derek D. Perry Ay- Assistant County Attorney Attachments: Exhibit"A"-County Exchange Parcel Exhibit"B"-Graziani Exchange Parcel Exhibit"C"-Property Exchange Agreement Exhibit"D"-Exchange Before and After [22-ECM-02761/1818159/1] Page 2 of 2 co o 1683 Exhibit "A" County Exchange Parcel [22-ECM-02761/1818159/1] '7n 1 68 3 11111 COASTAL ENGINEERING Exhibit A Coastal and Marine Engineering Environmental and Geological Services CONSULTANTS 1 of 2 Land and Marine Survey and Mapping Website: www.coastalengineering.com c ` INC. 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 COUNTY, FLORIDA. THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 .`z;gi.:.'',,,,,,,,, Digitally signed by Richard J F•, Ewing */ no.s:ss * DN:c=US,o=Florida, - * 2 dnQualifier=A01410C00000184C F:, STATE oc .!s. 4118C310004E891,cn=Richard J "'rso'•...<o ,or 4'. Ewing ';N�s6Rv : Date:2023.04.05 06:36:21-04'00' 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: 28421 Bonita Crossings Blvd..Bonita Springs.FL 34135 121 I North Range Ave..Suite F.Denham Springs.l.A 70726 Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403 E-mail. info(i cecill corn SERVING COASTAL COMMUNITIES SINCE 1977 a`) 0 NI- co z� NceSo 1683 zm w �wQ w ¢o: Hz0 a -z¢^ a w0 P z zz �p@o ¢ IxJty i 0 HO 'oo^o 2Ly g W -j� 2i l¢i a°o$ cn 0 QQ d g OD (nN =oo ZrnZ�¢ - o O N0 ZO_ 8=,I.. aLin.` _j o O (h ¢ 00 .o, am:: 0_ •Cn¢0 " N o> U2 ooamo 0OwwZ II oW C H >- Z2(nQ CI)? Z 2 0_>w H p o • 0m w(n ,0jO0 OwD m o U � ¢ z COu) ,: W ZC ~¢2Z i g f w i C. } I-(n_ QLL�>Ozw ' 0_ Z CC W ¢p 2OOowwH — a � w dLZHO0 0 > Oi IM ZJ L.ocoZLL Cn/w ONNI— o W n CS — Z < gQ �w 0 L- R t az O Qzw = 0 o •- N CtEU 0z X W 5 in w2 I-- co co c� CO zo W rX W Z m ~ rO W _Iw ce w2 0I1J w UL-no0 �a EYch0w w= w H (2_ O ")0_ ¢ p � AVM AO1HOIH.90L Z oz w aNdn21noe VHV8HV V±NVS - g ,00 08l ¢ o M.,00,Z£000S - - o ———-� 0w I L__ 0 ,s a I c—_� Z O00 z CT; z zo CO ¢ �o I � w o0 w V (n iru OIu V LI d0 I N 0 < b ,- O V JrQ V j Z ii O 0)co Lrip o a o p 1- z 0 0 Opp cc) ow z a- c .- pa z awd a c+) w o- F- 0 �E Uza W z I-- I- a 0 UFO 0 _LLnn l UZ _ �aLL wD0 o \. CCDa ( =z Z O CO b F 5 7 �F) (0 bo 00 U ��, co w L, I- W c') o Y U o inu,U W b •- U Cn¢O m Q O — F w2— b 0 000 ,QEo N 4U — - c w E¢ 0) _�. _a ¢ w ° M � w�a wow Mg 1 <°' oLLo� O ° cop 0 i c pJI I �W z w cc Z Z e:i 1- F'z 5 z° (n (n I 4UZ F °u. b O OZOV N 00 ILI b (...)Luc.) % Fz }I77- b z a '''' lik\I g Nz °Om ISHEET 1 OF 1 FILE ITCH 21.289 V°O 683 Exhibit "B" Graziani Exchange Parcel [22-ECM-02761/1818159/1 U1/43 Exhibit B t 683 Iof2 COASTAL Coastal and Marine Engineering pp ENGINEERING Environmental and Geological Services CONSULTANTS Land and Marine Survey and Mapping Website: www.coastalengineering.com INC. 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 364.66 FEET THEREOF. THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 ;�cNPaD E NFKiyC Digitally signed by Richard.)Ewing SF' - DN:c=US,o=Florida, *: 5395 dnQualifier=A01410C00000184C41 * ES i 18C310004E891,cn=Richard J ��Sf ASTATE OFP y; Ewing °"'°'�o'c° Date:2023.04.05 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: 28421 Bonita Crossings Blvd._Bonita Springs.FL 34135 1211 Nonli Range Ave._Suite E.Denham Springs.LA 70726 Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-741)3 E-mail:infoyu-cecifl.Con] SERVING COASTAL COMMUNITIES SINCE 1977 Li 66ZLZ ''OH3lu 1 C v 8 3 L 30 l 133H5I I =NQII 12 IQ M 0 za '� zC')ml(> A '1 pzQ ry cnz � Pi) ? Icy q u' _ D" a �mv IQH�frr3 _ao zZ *TI FAG) < r o OCR o OCD z� cHn O I � � —I m C.) m W I oOCOpp �00 O O I�m Ft-0 rIbl?h! <gm o g p Am co co ,ow> 4lyL] O Ul t�V''� E p rn m O ODwm Ot al, ny; 003-. O o W m• 0 0) _ OrAE O * A Nm< 0 0 0 o %'6= 01 z 0 0 5 C \ I O O C M O�X � � -I y l z m -0 -1 ym� ZO � O cn —<^' n co o � co cn 000 00 Z A O m 'on m O o O O m < A D-4 r 4 O � O Z D O C�y p N O 0 O rn p � o m Z 1— m H - I 00 m m I zi > oo m m-< z c I 20 Z �— rn I °o D S00°32'00"W o z 180.00' SANTA BARBARA BOULEVARD m m 106'RIGHT OF WAY m z V(L om Do . D m m �tJ o< �p mH 0gci0 mm m c m �' G) E-Sn mr m mz W 0.) m 2mZ rn m Dm 0o ZC) m � N Q = � � � m m2 � Q m ° X .. Dm � DZQ N - (n p m m —I LT , 3 � Cm o ° m o �, �, m ,.., 7J CD m z to p N CO m OEHZm05 1-0 G C) F Dc)=O x - o DD mzo<m 0 > m '17 Zv 5cnz m CO o _ ;. : . cZ 0 o - zc > Xzal IV?,' ":fg, cn0 Z D .zD7 n o xi— +;'b'+..... ....:;;' 73��0>�17 cnm CO m , Om—ID � O � 0 • X0—Immv CZ iU) II D�2z G oW;oo �G) m0 zmm00 ,pz'a lc) < o N) ODco• ogd4d O0 Dw o o 0 m Dr" cn > __�N - 0 N O o O z ccvoz Wmn ii i° Nu) O �mDOi 0 �8o a 1C g m D-i A- - P31- 70 D '-„2' F Z y om ITS d OZ Oz 7A> m Ao.o a �� > 0 p 5 r 2 0 o F A 4 CO A r t683 Exhibit "C" Property Exchange Agreement [22-ECM-02761/1 81 81 59/1] 0 Exhibit C 1 of19 PROJECT: Miscellaneous No. 99999 PARCELS: 517FEE & 517CONV FOLIO: 38169800003 & 38169760004 6133 PROPERTY EXCHANGE AGREEMENT THIS PROPERTY EXCHANGE AGREEMENT ("Agreement") is entered into this 13tt day of February 2024 by and between RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife, whose mailing address is 2861 Santa Barbara Boulevard, Naples, FL 34116-7431 (collectively, "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, FL 34112 ("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 Parcel; 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 EXCHANGE PROPERTIES. The County hereby agrees to convey the County Exchange Parcel to Owner, and Owner hereby agrees to convey the Graziani Exchange Parcel to the County, on the terms and conditions set forth in this Agreement. 2. COMPENSATION. 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. 3. CLOSING DATE; POSSESSION. A. Closing Date. Owner's conveyance of the Graziani Exchange Parcel to the County and the County's simultaneous conveyance of the County Exchange Parcel to Owner(the"Closing") shall occur within 60 days of the County's receipt of all properly executed Closing Documents (defined below) or approval of the application for a lot line adjustment (referred to in section 4.0 below), whichever is the later. TIME IS OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. B. No Adverse Changes; Risk of Loss. 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 Exchange 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 County 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 that, between the date that the County 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 Graziani Exchange Parcel, or other matters previously approved by the County. Between the date of [22-ECM-02761/1818156/1] Page 1 of 7 CAO Exhibit C 1683 2 of 19 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 repair and restore the Graziani Exchange Parcel at Owner's expense. C. Possession. At Closing, 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. Before closing. all access points from Owner's properties abutting the Graziani Exchange Parcel shall be removed and discontinued at Owner's sole cost and expense, including all paved driveways and parking areas located upon the Graziani Exchange Parcel. 4. CLOSING DOCUMENTS. A. Owner's Closing 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 for the Graziani Exchange Parcel, if any, (ii) provide a current title commitment, together with copies of all 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 Graziani 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"Owner's Closing Documents"): (a) Warranty Deed for the Graziani Exchange Parcel; (b) Closing Statement; (c) Affidavit of Title pertaining to the Graziani Exchange Parcel; (f) A Satisfaction, Release, or Termination from the holder of each mortgage or other lien open of record encumbering the Graziani Exchange Parcel; (g) 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.B below); and (i) Such other documents as the County or title company deems necessary or appropriate to clear title to the Graziani Exchange Parcel. B. County's Closing Documents. At Closing, the County shall deliver the following closing documents to Owner, properly executed and in a form approved by the Collier County Attorney's Office (the "County's Closing Documents"): (a) Deed (Sec. 125.411. Florida Statutes) for the County Exchange Parcel; (b) Closing Statement; and (c) Such other 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 Adjustment. Before Closing and within 90 days of the effective date of this agreement, the Owner shall make application and receive approval for a Lot Line Adjustment, pursuant to Collier County Land Development 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 the application for a Lot Line Adjustment is not approved and neither party shall have any further claim against the other. D. Additional Closing Documents. Following the Closing, the parties shall execute any and all additional documents as may be requested by Owner, the County, or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties. 5. CLOSING COSTS AND DEDUCTIONS. [22-ECM-02761/1818156/11 Page 2 of 7 0 Exhibit C 3 of 1916B3 A. Owner's Closing Costs. At Closing, Owner shall pay (i) all recording fees to record the conveyance instruments and any affidavit, trust certification, release, lot line adjustment instruments and/or affidavits. or curative documents required to clear title to the Graziani Exchange Parcel or the County Exchange Parcel; (ii) any state documentary 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 4.0 of this Agreement; and (ix)attorney's fees and costs for Owner's attorney. B. County's Closing 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 ADVERTISEMENT AND CONTINGENCY. Owner shall pay the full cost of publishing, once a week for two consecutive weeks in a newspaper of general circulation published in the County, a notice setting forth the terms and conditions of this exchange of property in compliance with Section 125.37, Florida Statutes. If 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 initio and neither party shall have any further claim against the other. 7. INSPECTIONS. A. Inspections. 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, appraisal, environmental assessments, engineering studies, soil borings, determination of compliance of the County 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 County Exchange Parcel caused by such on-site inspections. Likewise, following the date of the parties' 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. engineering studies, soil borings, determination of compliance of the Graziani Exchange Parcel with applicable laws, and the like. Owner shall 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. Right to Terminate. Notwithstanding anything in this Agreement to the contrary, Owner's obligations under this Agreement to acquire the County Exchange Parcel are contingent upon Owner's satisfaction with the County Exchange Parcel, including. without limitation, as revealed by its investigations and inspections as set forth herein. If, prior to the Closing, Owner identifies 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 Graziani Exchange Parcel, including, without limitation, as revealed by its investigations and inspections as set forth herein. If, 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 (22-ECM-02761/1818156/1] Page 3 of 7 0 Exhibit C 68 3 4 of 19 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 County-Owned Property. Owner recognizes 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. 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 this exchange of property will result in the County owning a 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. 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 property 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 configured 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 property 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. Immediately after the closing, a Declaration of Covenants in 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 REPRESENTATIONS AND WARRANTIES. 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 fulfill Owner's obligations under this Agreement and the Owner's 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 execution 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 Graziani 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. (e) No maintenance,construction,advertising, management, leasing,employment,service,or other contracts affecting the Graziani Exchange Parcel shall remain in effect as to the Graziani Exchange Parcel following the Closing. [22-ECM-02761/1818156/1] Page 4 of 7 OV3 Exhibit C 5of191683 (f) There are no governmental proceedings or investigations of any kind, formal or informal, civil or criminal, pending or threatened, that may affect the Graziani Exchange Parcel or adversely affect Owner's ability to perform Owner's obligations under this Agreement. (g) 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 Parcel; 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 Owner's conveyance of the Graziani Exchange Parcel to the County and no real estate sales commission is due. 10. COUNTY'S REPRESENTATIONS AND WARRANTIES. The County makes the following representations and warranties on the date of the County's execution of this Agreement, and shall be deemed 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) 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 Owner's prior written consent, which may be granted or withheld in Owner's sole discretion. (e) No maintenance,construction,advertising, management, leasing,employment,service,or other contracts affecting the County Exchange Parcel shall remain in effect following the Closing. (f) 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. (g) The County 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 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 knowledge of any existing or threatened environmental lien against the County Exchange Parcel. [22-ECM-02761/1818156/1] Page 5 of 7 Ova Exhibit C 6of19 1683 (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. If 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 thereof from 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, including 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 Agreement, or in any of the Closing Documents, if untrue; or(ii)Owner's failure to perform any of Owner's obligations under this Agreement, irrespective of whether the 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 mailing. 13. GENERAL PROVISIONS. A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs. executors. personal representatives, successors, and assigns. B. Assignment. 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 Agreement. This Agreement constitutes the entire agreement of the parties as pertains to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements, undertakings, promises,warranties, or covenants not contained herein. D. Amendments. All amendments to this Agreement must be in writing and signed by both parties. E. Time Periods. If any deadline or expiration of any time period provided for hereunder falls on a Saturday, Sunday 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 Closing, including, without limitation, representations, warranties, and indemnity obligations, shall survive the Closing. G. Severability. If 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 effect. 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. I. Governing 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 solely in the courts in Collier County, Florida, and the parties hereby agree to said venue. [22-ECM-02761/1818156/1] Page 6 of 7 ©� V Exhibit C 7of19 t683 IN WITNESS WHEREOF, the parties have executed this Agreement on the Ucuueb IIlUlUcitea oeiow, effective as of the later of such dates. Date: t I,.' , 1,: 7- , 2023 OWNER: 4-efv-41_,--;\..., CP--..A.P-N.\C.,,,NN.‘ R NEN GRAZIANI .A_ts, - .. LEEANNE GRAZIANI Date: Feb.. 13th , 2024 THE COUNTY: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk Chris Hall, Chairman Approved as to form and legality: el 'i -.C.5\ , Derek D. Perry r':.' - Assistant County Attorney \\eI 1\ 1 \V 2 \t/ \\ [22-ECM-02761/1818156/1] Page 7 of 7 l Exhibit C 8of19i683 COASTAL Exhibit A Coastal and Marine Engineering ENGINEERING Environmental and Geological Services pi CONSULTANTS 1 of 2 Land and Marine Survey and Mapping Website:www.coastalengineering.com INC. 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 COUNTY, FLORIDA. THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 o�fwp•�:.,Er'• Digitally signed by Richard 1 :et',cerjA+$°• Ewing '*; x..i' DN:c=US,o=Florida. dnQualifier=A01410c00000184C �. sc„E� : : 41180310004E$91,cn=Rchard J ouit asurve .p: Ewing Date 2023.04.05 06:36:21 04'00' RICHARD J. EWING, V.P. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 21.289 DATE OF SIGNATURE: • 28421 Bonita Crossings Blvd.Bonita Springs.FI 14115 1211 North Range.Ave.Suite E.Denham Springs.LA "0724 Phone(234)143-2324•Las(2341(.43-I 143 Phone(225)523-7403 1-mail intnuccei1Leoni CAO Exhibit C sr9' of ' 9 1 68 3 Lo o Zs— Zm 2 m18 o a 34 ce ZO v �z t :2M a Qc 0 ¢0 g£b a$ < et Dow �< 6g8 p�,QOQ 5 o 0 MOL ZO2 4 � g- a0 ENI NQp jj h N O> uO � �Ca O}0wwz cnill 1 0 ZO p >w pW c '- w a >ccrF_wow o Om wN 000D-.>-D w Z Q Zw 'k.. W''' Z JILO�>~Q C U Qm Z Z� � ,t• : ••5'wOw Z�U' t' cn w m O -m 'A,, `.a: -,(.>o c o cn a " " �Q d -0 .:,,b"' eW0< (I)O -. � > (I) =LLt>OZW � Q W O U O U Qu)i C.� > QQLL ira iZI=-�0 . k z U) C °F o co Q o W 0 P. 'aF. CN H w z 0 U) x Q J < : £ ii O Q- N Zm� #, v- J m� O F- o _ 0 �CzZ 10 '_ N � �o 0Z o -� W <w F- «a Ln 8 X Z W= W 01 a) 2" W W CO W W J om r m W a z Z AVM A J.H9ia.90i g v cniwoino8 VJJM8Z1V8 V1NVS 00 08t 7 - z 6 M.,00,Z£•OOS - < o __ (J I L_ _ _ 0zz i (° "� Z 2c i I w o Z Et I i v v w oc ==( w - zLL I w o 0 I o op ^yU 0z 61. n a < - Z o O 00 _ �fi o I $ co _id .`c al O 0 W R_K boo CO I Z °O Z U TMK O E"a f-M� W 1- � y Ci U JO \ 0— (.0.- QZ("i '� I QZ wW� aD0 o I CeD- 0=z H v in I I- LL o 0 u II a w� LJ�.- o O W b Z W z o V U b- 0 �V n r a,eF4 a TN 6 4 d 4 � � oa, -,<, o0 CO en U., I b')r- M a :�xz ~ 5 0—R co 111 0 Q4 3 ��� V) CCDv_ F- r a CD °' 'X Z z - Li rd= Qcz,i P i., b(I ozo u z „I CI ( ou:U� as. 1 1 whet 1✓ 1 0 Exhibit C 1 68 3 Exhibit B 10 of 19 1 of 2 1111 COASTAL Coastal and Marine Engineering ENGINEERING Environmental and Geological Services CONSULTANTS Land and Marine Survey and Mapping Website www.coastalengineering.com IMF INC. 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 364.66 FEET THEREOF. THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 ,E HY;, Digitally signed by Richard 1 Ewing ` DN:c=US,orFlorida, * _ dnQualifier=A01410C000001$4C41 „ 18C310004E891,cn=Richard �.•, STA re Of ;rs: ....is/ _; Ewing OR 1 '`Q'� "'�'�•sunEidO �o Date:2023.04.0506:36:04-04'00' 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: it421 (3nmta Crossings ells d.Bonita Springs,El 141 35 1211 North Range Ave.Sune E.Denham Springs.1_:1 Phone t239i 643-2324•lax 1239)(i 3-I 143 Phone(225i 23-7403 1-mail into aceeill corn Cr Exhibit C 68 3 z 1 11 d i ' 9 .mc, - g 8 Z-' $ cc zn w z ct zz 3 $ a wo 4 O ap g`- < �LLw o P CI y_N t it z'z0a Q o O ivcr a0� ? ,pl. ��002 I o> of t i3 pilj0ZWWz r-wp o LLi Oom wV) gvDivOaw? a Q Z� ZZ "'"'`, QL~ccZ o U ff m Z Za ;'�F.� a;4 w Z C q D O Q gg 8 m Cr O W m 3't' t ••.- 'Q o c a o N K 3 1 % A LL � O wp< YC0O a a. } � ��o wz CL W a0 =O0w � Qd pULL 0 < 03 N IS c) aLL o COOL EE .0 Z --tea : ,e iM = tI-- W LIJD z C (/) I T -CN Zm� u- Q X � �w 01.._. 4A" a ! i W 0z = O XL o O Z gc tiJ <W I"- cO u7 t W Z m E W r el za F- m i11 J ul ....10 t/) W ao W a 1-4 s MT;,a IP 0(Y wZ Q Q a O a O Z'n. zv ,,VM dO 11-19121.90t o OMVA31flO8 V IV823b8 viNVS 0008t r z M.QO,ZE.00S g S i __ 1 L— -- 7 W Z =a 4 — oCi p Z o I c0 < J. I .1- W Lu o° u. ,: W � I W Of i-..:�.N O a 1 to )I. N0 5n Z o< o .68 v Jo< c c z O rn W c'e' rn O W co Sapp Z UQ, �� N HOC a0 APE a 0HIj t1J d 04U-0,QZ QZ3 W��Q o CCD- Qzx i- rn ` f` . LLOou rn id Q I 2 1 1-• 2o ~a d }+ U D U. C O� YOU �Q w ix * eCn¢O 4 T-^ O O w ',Lei.'zc _Zg co Vi 11 ' i ,TM& v I *o� phw I if �o• w } coQ cn q I Q co co o f Oy d i- 1_. 1 c QZ� <�c I � Dc 2 }I of:?- 31 z¢ w I .0 a- u=1 aoz oLL b 21 OzoV g g OwQ 5 Q iwi _ I 4 0 Exhibit C 12 of 19 b63 EXHIBIT "C" [of the Property Exchange Agreement, Exhibit "C" of the Board Resolution] Declaration of Restrictive Covenants 0 Exhibit C 13of191683 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, "Owner") 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 "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 benefits 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 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 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 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 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. In 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 of this Declaration. Furthermore, prior to the entry into a landlord-tenant [22-ECM-02761/1818158/1j Page 1 of 2 Exhibit C 14 of 19 1 683 relationship with respect to Owner's Property or any part thereof, Owner agrees to notify in writing all proposed tenants of Owner's Property of the existence and contents of this Declaration. 5. If 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. IN WITNESS WHEREOF, Owner has executed this Declaration of Covenants as of the date first above written. Date: I(' 5 J , 2023 OWNER: PC:31-V N..trY,..,._ C:44."4 , RONEN GRAZIANI \J • LEEANNE GRAZIANI 1\ STATE OF FLORIDA COUNTY OF i •;il itY The fo e oing Declaratio of Covenants was acknowledged before me by means of physical presence this �thday of 0,C10, tom 2023, by RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife, who: are personally known to me; OR ,, produced (2ra driver's license, OR ❑ as identification. 4 if , Notary public••State of Franca ( Sigf aafure of Notary Public 1 '• Commission P-ly 165859 1 4 " -'` My comm.Expires Aug 17.2025 1 j 1,1 n i Ce V f`� c c' fci Printed Name -efrt Serial I Commission (if any): ' In ci (affix notarial seal above) My Commission Expires: 0 L/ ►`1 l (;. t Date: , 2023 THE COUNTY: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court& Comptroller COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: 0c Derek D. Perry 217 Assistant County Attorney \1�� \l [22-ECM-02761/1818158/1] Page 2 of 2 Exhibit C 15ofid683 ppCOASTAL Exhibit A Coastal and Marine Engineering ENGINEERING Environmental and Geological Services • CONSULTANTS 1 of 2 Land and Marine Survey and Mapping INC 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 COUNTY, FLORIDA. THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 Digitally signed by Richard) Ewing *.• • y we.r»x '.;*= DN:c=U5,o=Florida, ▪ * - dnQualifier=A01410000000184c ▪ 0r4*0 0, /11 4118010004E1391,cn=Richard ' * Ewing st:s e s', Date:2023.04.05 06:36:21-04'00' 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: 28421 Bonita( rosonas Blvd.Bonita Springs,El 14135 1211 North Range Are.Suite F.Denham Springs.I.A 71i72h Phone I234)(03-2 3?4•I to(22 9)643-I 1-13 Phone 12251 533-7403 E-mail into a cccItl_,:om SERVING COASTAL.COMMON(TIES SINCE 1977 ....._.............. ... Exhibit C 160= 191663 N E 2' S CS `--8 0¢ v v E K z 0 vim i 2 a ¢E z zz gaV,ga a wO g 0 ¢Z ac ¢ �-J� O _' . s u r i- $- 2 �QW a La • os o�QLLa € $o cnN _go ZNZ0¢ 5 S N M>Q Zc �3Q-38Y "0-'�` n 11 to 0� 01 ei6,V � >-ZW13 WZ UJ J C7 W = ¢ �¢ � QF-W W m- S ;- 0LL0 ca w n'.O ix-a 0 Qm z z� t i. i :i1WZE?Q6� d LDQ W00 t,;, -.A.F '73O0-0V) `3' , LL g1- �- U)E2 'Qu.'Wv>OZW % w aZ W W Q0 TOO1--tuWt- a- g o � ZW (/) 0u c O u ZHU0 N W 0O W D F.z 0L7 Q cV � m� � Q L Q < z6 10 y N 1YFe0 U Z o� -� W Qw I— o N �° W ZmF W - CO ?� 0 .- (C/) JW J �'-' LLl Zo W m - a- U``�oU ra QouOia s-ti ao -d o<o Z AVM AO 1H`0111.901. J a w 02:1VA31f1O8 b21V82id8 VINVS .0O 7 — 08l Z M..00.Z£.00S Q a sc r__ -- --' Ne rig I L O ,5 w Za I `.. Z z ai Z o I cod J O C LSD 0 g u l- CO J Z W I W rn ""'•w b o 5N O 0 " U O Z O K S - O R Lod Q Q Z O co 0 O a av,es� co ¢ z �w O p c O S Z CO W Z a.W a, Cn _O Z � VZ oF- W h-F $ ca�UZv ) UZ — 0 ° Z zo =zW �'LT. (0 -7 U 1� 1-,. - O O O 1- w M op Y�� -mom W o>`- _ ,cn a 0 �Q b e - —)2" b o vmo ..gyp 4 U Q 0 . 3 xag" 4 CC m cc gin* iA. p S i p o O M W 0 0 p 0 w iEi Q Z S Q Z 8 ��o W cn WDo & F car o o u_3 zz i m = 4U,2 04 b 21 OZOV 1 uc cl owe.— 16 C I it I z..�. m Exhibit C Exhibit B 17 of 19 168 3 1 of 2 COASTAL Coastal and Marine Engineering pi ENGINEERING Environmental and Geological Services CONSULTANTS Land and Marine Survey and Mapping Website: www.coastalengineering.com PARCEL S17FEE "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 364.66 FEET THEREOF. THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 SRO n�„u Pct`,!'� Digitally signed by Richard.1 Ewing .• eA.ss '•a DN:c=US,o=Florida, y dnQualifier=A01410000000184C41 = i• ? 18C310004E891,cn=Richard R.•, SlA`F OF z4r•• o.. Ewing 'ft(:P.!! A' •w*,o Date:2023.04.050636:04.04'00' 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: 2842 i Bonita Crn::;in s d Burma Springs.it ?.i l 5 121 I north Rank Ave.Suite I" Denham Spring,.I A 70726 phone 1239i 043-2324•I as 12391 613-1143 i'h,ne t225 523-7403 1-mail.win a.ecttl,om SERVING COAS7Ai.COMMilU117ES SINCE 1977 0 e.' Exhibit C� b6 3 18 'of 1J N OLl Z co P _ g o ,Y'F g o yid $ W Q z Z> §2 a w0 io o� � 4�5 zrnaLLQ N O p� OQV _� fS-�QO� co Q N OOWWZ p �' LL� ZD oo c' a>'WF0Q p 0 0 �Q >a W o W W �m wu) Ono_ >- _' zre zw . Z JLLmcr>k wD a Q a, Q Z :i. ._. ,;1 SQ F- _, ' Fcn W 0 03 W on 7 m- m Q ' Q-' WLL < < 0- , D '.- LLa>te 0 d F-0 ¢ OZW w Z U Q� O_ °a� > 00 QQIOO t� z �n gal N oCnLL u) ry WaON W DjI_ o t!OzNt a m ce Lt.. < n g Y. - L j -1 ~ O t— a _� a s. QZw = O t.2EEU O Z 0-0W <w I— co Zmi W n'r.. e- � W Y J W J h u 0 .= Cl) W b W Cr`-"pUN a yW LL C%o LL W H Q a 'a 3° AVM A01NJIa.901 oOiVA 1f1O8 V Y82JV8VINVSoa'ost /yz y ZM.00ZE OoSQ Y— �--- / -- - - - d a I L_ o �s I _ 0-- w z Z L I o W co m Q coa W mQ - - w ZW W 1� ..r% `O o <a 1 o o uooa o Z ca co o J o Q z - CO o rn O. m W v. p ^- W O ,_CCi0 °L0 Ill S°' Z U� '— u' rMo z aa_so F- a w Z� Q F- E. ce ai-o UZ� t a UZ� �.� I- v - pxi LL ~ ~co j 0OO =Z w zz Uce- �LLh rS tu0C Ud� C9 0 �L LL Mc,U w6,-in _ VSaO • • w'�Q O F ta'. p p ill w.ne °� co W o s tir 0e,<� To> o ow ,g,• F :,:A O p T tU co � a)MLw co co a1 F- 0U � UF &sH S QZ0< Z V Y JA LL ZZ • m^ ----- Q b - w r`z o a ------- ----- - - - Li Jj 1 (0?t m. b'• O¢ZOV &`" (j,1 r CJWUZ F._ C Ilkd mF Nm 1 SNCC1 L JF 1 rlf nD 21 ZFS hA Exhibit C 19of 19 i683 EXHIBIT "C" 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 ci � 683 Exhibit "D" Exchange Before and After [22-ECM-02761/1818159/1] a PROPERTIES BEFORE EXCHANGE h 68 4i ..71111.. . v. ' Painted Leaf Lane '" y ' - ' ,` .. y. "' -'_ Tv WA. ik .,. ..- Suf - .-......-''.: .,' ,•1 E ‘, - '.. ,...t , . ;. movir . -..-:10,40, . ...,,. vo .i..e4low. : . ., .. . ,. .,,, :t. :, IC vs '61 ` ,R4. ! 44COUNTYPROpERTy : ti� ,io,. 1111I'A Ile-, i'flit II 7 '' GRAZIANI PROP . f • '"C 1 1' - H ' '*' ' .. Wie, .'." , le I ,.. •‘• e•-..1411.,. i': 1 ; I ... i rr I N 4. PROPERTIES AFTER EXCHANGE A. •Painted Leaf Lane ' ••-• ...7• • i a , , , . ... . ,,, A.,. 1, .., ,r. , , ,,, , ,,, .. , .. 1164* 4.411C;'41 41110- ,4?-, . , l 0� .*.7'."'l"...,iyt'-.A,,„",.•,,*...._ 4.:*.. its+ ; ¢i f I < GRAZIANI •,� V ,, COUNTY ., , , 0-4..:,.,... r. l` '" *' . . PROPERTY , PROPERTY7 � ' fit ' ,: i 1 1 ist.4.+' 1 at 11 i of \ tf �a" + 4 ..v 3 'lid�� ' '�w"�yj 1' _�i I W`�E ii �5 , !.i — .- L.i.rli r i 1 s 040 INSTR 6576283 OR 6384 PG 2885 RECORDED 7/30/2024 10:22 AM PAGES 8 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$69.50 DECLARATION OF RESTRICTIVE COVENANTS 613 3 THIS DECLARATION OF COVENANTS (hereinafter "Declaration") is made this 13th day of February 2024 by RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife, whose mailing address is 2861 Santa Barbara Boulevard, Naples, FL 34116-7431 (collectively, "Owner") 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 February 13, 2024 ("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 "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 benefits 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 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 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 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 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. In 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 of this Declaration. Furthermore, prior to the entry into a landlord-tenant [22-ECM-02761/1818158/1] Page 1 of 2 O� 683 relationship with respect to Owner's Property or any part thereof, Owner agrees to notify in writing all proposed tenants of Owner's Property of the existence and contents of this Declaration. 5. If 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. IN WITNESS WHEREOF, Owner has executed this Declaration of Covenants as of the date first above written. Date: 10 15 , 2023 OWNER: Pc3rvit., ... CLC4f%)0L/NAI RONEN GRAZIANI c --Ass--5"-&---,r•--,-----t-- . %------- LEEANNE GRAZIANI STATE OF FLORIDA COUNTY OF CO u ler The fo a Ding Declaz don if Covenants was acknowledged before me by means of physical presence this 5Ihday of ant;'r 2023, by RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife, who: are personally known to me; /• OR $f produced Eera driver's license, OR ❑ as identification. ---' -2------------ 0i►AYI' -.` JENNIFERMCCAFFREY ( ,/�'uivV 4 tz rx ` Notary Public•State of Florida I Sig a ure of Notary Public 11 4.�- I Commission;HH 165E59 My Comm.Expires Aug 17,2025 ( e r\o keK C o f. r e1 Printed Name i'' • 1r, Serial/Commission , (if any): 11� (,, q (affix notarial seal above) My Commission Expires: 0/1 i i j () Da -. , 2023 THE COUNTY: ATTEST: CRYSTAL K. KINZ , lerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court& Comptrolle COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: klj Derek D. Perry Assistant County Attorney �\ [22-ECM-02761/1818158/1] Page 2 of 2 i683 relationship with respect to Owner's Property or any part thereof, Owner agrees to notify in writing all proposed tenants of Owner's Property of the existence and contents of this Declaration. 5. If 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. IN WITNESS WHEREOF, Owner has executed this Declaration of Covenants as of the date first above written. Date: 10 100 , 2023 OWNER: P„,„..„... `o v/!, ), RONEN GRAZIANI • j:L1LEEANNE GRAZIANI STATE OF FLORIDA COUNTY OF COI lfr The fo e oing Declaj don of CCovenants was acknowledged before me by means of physical presence this 4Ihday of UL}•(�i�(.Y 2023, by RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife, who: are personally known to me; si OR produced E(a driver's license, OR ❑ as identification. I �� .. JENNIFER MCCAFFREY v 'y'f Notary Public•State of Fiorida i Sig a ure of Notary Public 1,41 d�':' Commission;HH•65859 .°M:: i nn i'e1v cCOff,( 4 � My Comm.Expires Aug 17.2025 (�� Printed Name '�• - :• '" n Serial/Commission • (if any): 1 l � �I (affix notarial seal above) My Commission Expires: o�� Fl I 0, Date: FF6 /3 �-�, 2024 THE COUNTY: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court& Comptroller COLLIER CO Y, FLORIDA n_ . BY::, • F By: g Deputy Clerk Ch all, Chairma si nature , AppLIed as to form and legality: rts in and for Collier County � '" 0/11/(r--. I, hetatK.Kinzel,:leder'.,fCrDerek D. Perry do heath},ne!ti`y ththe ahoy instrument is a true and co Assistant CountyAttorneya.Pyfii `e u..ginal n Ili ounty,Flori eputy Clerk By: Date:_ [22-ECM-02761/1818158/1) Page 2 of 2 1683 ppCOASTAL Exhibit A Coastal and Marine Engineering ENGINEERING Environmental and Geological Services CONSULTANTS 1 of 2 Land and Marine Survey and Mapping Website: www.coastalengineering.com INC. 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 COUNTY, FLORIDA. THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 ,•`�H ...•...;Ei Digitally signed by Richard J F••. Ewing *:� eo.sws ••,* DN:c=US,o=Florida, * = dnQualifier=A01410C00000184C _ 70•,• STATE OF ac 4118C310004E891,en-Richard J .��o A o a o?r� Ewing 1 stiRvetoR P• Date:2023.04.05 06:36:21-04'00' 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: 28421 Bonita Crossings Blvd.,Bonita Springs,FL 34135 1211 North Range Ave.,Suite E,Denham Springs,LA 70726 Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403 E-mail:info@cecifl.com SERVING COASTAL COMMUNITIES SINCE 1977 Ok Z: NFQE 1 68 3 O 0. I otwo 8 Z Tr o z Q Z CO 0 t .L- d Q CC z s ,° II CL W O 0 QZ �3e o < fXJC< Ea- 1-1. v LL Q oV 2 F LL W op : < O,O!L ZLLO g °0QOo O & CC Z� �I � L .0c t N Cn> 00 S6 , (1 wN a F oo�,o awz ou o -1 CO oU = D Z D Q JF- CLL. gi o 00 JE < >E0~H �W O W .. zO Lu Qco wu) ppu Q Z �°'!1..... 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'' (¢_> WWa �- E LL= B>0zaZ LUCC < 0 OLLF- WHw ci) zF- o aov � d _J 0u) ..o '-L U) CC 0 L1 ON LLI D fa0z O w0u)m � LQ< N Z og Q z W 2 0 • N CC c7 U O Z Lo o W Qw I— co o � W �W Z m 0 WCo W 1-1-; UcbO a CC w M W 2 i- ll o1'd �o Z 1VM JO 1HOI2I,901 Luz w cuot/�31fO8 VV - 2 8ZJV8 V1NVS 00 081. d M„00,Z£o00S Q o Y 0 7 r--- - --- cc g I L_ _ 0 Fg I Z 0Z I03 Q �o I ITi- Tr w N o I w 1 J ZO I � w o 0 5w W o v d� ,1n Or O u'coU O Z O O O V tr< V >- Q z co I mo aM•• m o Z 0� �� � W I DO Z .,- V) - Oa Z a=p ~HE- W • Z � I- I— a c EF-o QZ � o UZz cna� Et D o v 1 CC D 2 0=z u) Z cD 2 z w O I1 obO 0o7 ~ofn co Oo Y o O aM " O � � w o Ao rn< o - d F -I 6- oW ) b = a) q o � w> Q zN� MI a) t o I1 aWU> `�"xg`c =�, ZQQ o'w W I Z�Z o O o-) _ Nti� 0 0 • oo o rnoo ow< co wI � , scow �zo Q Z 0 o Q Z 8 w cDo � CC 0 w JQ C9r A '� u_ 3 zz ' m'^ Ea y < Jw5 KK i-I Cz5 g 20 I (nfn E �LL b L51 OZOV g F g I i IL 1m° I I SHEET 1 OF 1 /�1 FILE NO.. 21289 C. Exhibit B 1683 1 of 2 piCOASTAL Coastal and Marine Engineering ENGINEERING Environmental and Geological Services CONSULTANTS Land and Marine Survey and Mapping Website: www.coastalengineering.com INC. 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 364.66 FEET THEREOF. THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 ��i., Digitally signed by Richard J Ewing '•.* DN:c=US,o=Florida, - dnQualifier=A01410C00000184C41 18C310004E891,cn=Richard J F•• STATE OF 4; ;ss.., ,;•�: Ewing FOR O•�Q,` 0 suave P' Date:2023.04.05 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: 28421 Bonita Crossings Blvd.,Bonita Springs,FL 34135 12I I North Range Ave.,Suite E.Denham Springs,LA 70726 Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403 E-mail:info@cecifl.com SERVING COASTAL COMMUNITIES SINCE 1977 0 CT v Z � o s bB3 N co Zm '3 a F. 0Q 0_ Z�_ U)O .o o-; w Q a, Z H Z 8 t 0:6 0_ w O F O < Z ¢ -8Tm Q O_e_c a > JO no^T co 0 �QD_ o0 (ON rnoamo ZrnZoQ opM ZO a� ong Q �0 _12 Q O0 , t cnwON o > 02 - o�� OO O O F- oovmo WZ =U)Q J Z D O_> w I-O Op II CC CC .. 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I al a 1W > Oz 3 O aQa O O HI Coo I p0 rnoo 00< Mw I b, V FMw uEo U U H U zg QZ0 1 o XD0 I- DO i U) � �O o zz m y Z_Z m^ O1 wa N Qw� a z� rli HI HZR wo 2 (n_Cn ¢° b _ rcLL u 01 OZOO z oi� WUl ow.Z �� 0 1111 LL 1 Hm I I Fl SHEET 1 OF 1 LE NO. 21 289 CM) 1683 EXHIBIT "C" 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 C. ) 683 PROJECT: Miscellaneous No. 99999 PARCELS: 517FEE & 517CONV FOLIO: 38169800003 & 38169760004 PROPERTY EXCHANGE AGREEMENT THIS PROPERTY EXCHANGE AGREEMENT ("Agreement") is entered into this 13th day of Pobruary 2024 by and between RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife, whose mailing address is 2861 Santa Barbara Boulevard, Naples, FL 34116-7431 (collectively, "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do County Attorney's Office, Suite 800, Naples, FL 34112 ("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 Parcel; 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 EXCHANGE PROPERTIES. The County hereby agrees to convey the County Exchange Parcel to Owner, and Owner hereby agrees to convey the Graziani Exchange Parcel to the County, on the terms and conditions set forth in this Agreement. 2. COMPENSATION. 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. 3. CLOSING DATE; POSSESSION. A. Closing Date. Owner's conveyance of the Graziani Exchange Parcel to the County and the County's simultaneous conveyance of the County Exchange Parcel to Owner(the"Closing") shall occur within 60 days of the County's receipt of all properly executed Closing Documents (defined below) or approval of the application for a lot line adjustment(referred to in section 4.0 below), whichever is the later. TIME IS OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. B. No Adverse Changes; Risk of Loss. 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 Exchange 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 County 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 that, between the date that the County 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 Graziani Exchange Parcel, or other matters previously approved by the County. Between the date of [22-ECM-02761/1818156/1] Page 1 of 7 CAO + 683 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 repair and restore the Graziani Exchange Parcel at Owner's expense. C. Possession. At Closing, 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. Before closing, all access points from Owner's properties abutting the Graziani Exchange Parcel shall be removed and discontinued at Owner's sole cost and expense, including all paved driveways and parking areas located upon the Graziani Exchange Parcel. 4. CLOSING DOCUMENTS. A. Owner's Closing 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 for the Graziani Exchange Parcel, if any, (ii) provide a current title commitment, together with copies of all 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 Graziani 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 "Owner's Closing Documents"): (a) Warranty Deed for the Graziani Exchange Parcel; (b) Closing Statement; (c) Affidavit of Title pertaining to the Graziani Exchange Parcel; (f) A Satisfaction, Release, or Termination from the holder of each mortgage or other lien open of record encumbering the Graziani Exchange Parcel; (g) 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.B below); and (i) Such other documents as the County or title company deems necessary or appropriate to clear title to the Graziani Exchange Parcel. B. County's Closing Documents. At Closing, the County shall deliver the following closing documents to Owner, properly executed and in a form approved by the Collier County Attorney's Office (the "County's Closing Documents"): (a) Deed (Sec. 125.411, Florida Statutes) for the County Exchange Parcel; (b) Closing Statement; and (c) Such other 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 Adjustment. Before Closing and within 90 days of the effective date of this agreement, the Owner shall make application and receive approval for a Lot Line Adjustment, pursuant to Collier County Land Development 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 the application for a Lot Line Adjustment is not approved and neither party shall have any further claim against the other. D. Additional Closing Documents. Following the Closing, the parties shall execute any and all additional documents as may be requested by Owner, the County, or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties. 5. CLOSING COSTS AND DEDUCTIONS. [22-ECM-02761/1818156/1] Page 2 of 7 !7 i683 A. Owner's Closing Costs. At Closing, Owner shall pay (i) all recording fees to record the conveyance instruments and any affidavit, trust certification, release, lot line adjustment instruments and/or affidavits, or curative documents required to clear title to the Graziani Exchange Parcel or the County Exchange Parcel; (ii) any state documentary 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 4.0 of this Agreement; and (ix) attorney's fees and costs for Owner's attorney. B. County's Closing 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 ADVERTISEMENT AND CONTINGENCY. Owner shall pay the full cost of publishing, once a week for two consecutive weeks in a newspaper of general circulation published in the County, a notice setting forth the terms and conditions of this exchange of property in compliance with Section 125.37, Florida Statutes. If 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 initio and neither party shall have any further claim against the other. 7. INSPECTIONS. A. Inspections. 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, appraisal, environmental assessments, engineering studies, soil borings, determination of compliance of the County 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 County Exchange Parcel caused by such on-site inspections. Likewise, following the date of the parties' 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, engineering studies, soil borings, determination of compliance of the Graziani Exchange Parcel with applicable laws, and the like. Owner shall 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. Right to Terminate. Notwithstanding anything in this Agreement to the contrary, Owner's obligations under this Agreement to acquire the County Exchange Parcel are contingent upon Owner's satisfaction with the County Exchange Parcel, including, without limitation, as revealed by its investigations and inspections as set forth herein. If, prior to the Closing, Owner identifies 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 Graziani Exchange Parcel, including, without limitation, as revealed by its investigations and inspections as set forth herein. If, 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 [22-ECM-02761/1818156/1] Page 3 of 7 0 t 6B3 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 County-Owned Property. Owner recognizes 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. 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 this exchange of property will result in the County owning a 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. 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 property 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 configured 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 property 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. Immediately after the closing, a Declaration of Covenants in 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 REPRESENTATIONS AND WARRANTIES. 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 fulfill Owner's obligations under this Agreement and the Owner's 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 execution 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 Graziani 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. (e) No maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Graziani Exchange Parcel shall remain in effect as to the Graziani Exchange Parcel following the Closing. [22-ECM-02761/1818156/1] Page 4 of 7 ��ja 168 3 (f) There are no governmental proceedings or investigations of any kind, formal or informal, civil or criminal, pending or threatened, that may affect the Graziani Exchange Parcel or adversely affect Owner's ability to perform Owner's obligations under this Agreement. (g) 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 Parcel; 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 Owner's conveyance of the Graziani Exchange Parcel to the County and no real estate sales commission is due. 10. COUNTY'S REPRESENTATIONS AND WARRANTIES. The County makes the following representations and warranties on the date of the County's execution of this Agreement, and shall be deemed 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) 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 Owner's prior written consent, which may be granted or withheld in Owner's sole discretion. (e) No maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the County Exchange Parcel shall remain in effect following the Closing. (f) 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. (g) The County 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 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 knowledge of any existing or threatened environmental lien against the County Exchange Parcel. [22-ECM-02761/1818156/1] Page 5 of 7 Off, i683 (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. If 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 thereof from 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, including 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 Agreement, or in any of the Closing Documents, if untrue; or(ii)Owner's failure to perform any of Owner's obligations under this Agreement, irrespective of whether the 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 mailing. 13. GENERAL PROVISIONS. A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, executors, personal representatives, successors, and assigns. B. Assignment. 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 Agreement. This Agreement constitutes the entire agreement of the parties as pertains to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. D. Amendments. All amendments to this Agreement must be in writing and signed by both parties. E. Time Periods. If any deadline or expiration of any time period provided for hereunder falls on a Saturday, Sunday 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 Closing, including, without limitation, representations, warranties, and indemnity obligations, shall survive the Closing. G. Severability. If 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 effect. 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. I. Governing 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 solely in the courts in Collier County, Florida, and the parties hereby agree to said venue. [22-ECM-02761/1818156/1] Page 6 of 7 t683 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below, effective as of the later of such dates. Date: ,. ' , 2023 OWNER: LejarN9..")\...) a".2- )\Ckj\A' R NEN GRAZIANI LEEANNE GRAZIANI Date: Feb.. 13t1r , 2024 THE COUNTY: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court&Comptroller COLLIER COUNTY, FLORIDA y. � -I• By: At t as tatfliititErlfk Ch s rm all. Chai � M signature only, Appr d as to form and legality: Derek D. Perry y -, , Assistant County Attorney \\,,1 \\ s \ \\ t\ [22-ECM-02761/1818156/1] Page 7 of 7 C) i683 IP21(\31G\?N-TEE-RINGExhibit A Coastal and Marine Engineering Environmental and Geological Services CONSULTANTS 1 of 2 Land and Marine Survey and Mapping Website: www.coastalengineering.com INC. 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 COUNTY, FLORIDA. THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 ��,Pa°'..:.,..., Digitally signed by Richard J ; � EN4 Ewing *; eo.szss •'..*= DN:c=US,o=Florida, - * ❑ dnQualifier=A01410C00000184C Aac 4118C310004E891,cn=Richard J or',i. 4 STATE OF :ps,, Ewing h0tA °'.,. Date:2023.04.05 06:36:21-04'00' sijuave 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: 28421 Bonita Crossings Blvd.,Bonita Springs,FL 34135 1211 North Range Ave.,Suite E.Denham Springs,LA 70726 Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403 E-mail:info@cecifl.com SERVING COASTAL COMMUNITIES SINCE 1977 CAO sr 683 �� Om .W �w�q o zJ .:,; a' Zap V Oo 2 71 a oF ¢ _ aWO Z ZZ , oa D % O aO _a"=a 2u_ Jv <ornv 0 17aa p oo 6 b 00 (Z)? _IIc aZO Lr>00 sa = � cna0p OcNa N N 6 > O= oZvmo OOWwz Z cn p II v_ D Z < > >H O W o O coCCzWfl C�OC�pu)Op J Z ZZ 4.:. .9°.'.44:, Z JIlO=a>Q a z a Q Ea Z �in .a>`e wZC~Q� oU am ZO of o ; OW--z�c� cn W X 0 W m '`'4= E.: U 0 0 i z H 7'L3. !-' mC0 Fo '" �woa�cno _" w a >Oz aQ Ct W oo c�CCop=OQ e 1 cn U > ULJi_ E2au_ZF_JO ` m o U) Z L.L. U) w N w 00 w D c f I— W Z C) CO s - QN zcL. ow p � w gg 0 _I Cr) I oo � �w Nw Hz 1-°t CC co Lo x Z = w ;C' W m `L mww� W M o W CO i ao,oQ ,_LL aoina <o AVM dO 1HOI ,90L Z o"1 GbIVA 1no8`d2IV8b`d8 VINVS o 00.0s I. z M,00.Z£o00S QQ -o U co I L_ co 15-5 CO z z o I co co a a coI w .i cc NW J Z U w LL o p � 111 :I' , 0ry I 1n Z OQ Ob p '"N U O < z - b O O) p rn H Z O W Ili rn O c W c, co co o00o z aC— coo Oa Z a=o M o Z Z M O� F O ilH v I I-- �oo m I \ O�0 (ten ID > p =zw Z O LL O w p 0 N. C7w ch O0 wcn¢o Ln cnV W 6) — - ma o w �� b 0 'wu 4 U �� � w co °' < `gfg a ' w wJ= a � _0> _LLn �1 ; w o W 0 H � c> w �_ a a & a Z U µ+ p a Z 8 wg F w� ZZ LL LT, a H ` w2wy LJ I- cn?n NOLL = <Ozd 2.b U OzO? No0 al UwUmFIlki LY mm I SHEET 1 of 1 F,LE NO.'. 21.289 /• 0 Exhibit B a 683 1 of 2 pi COASTAL Coastal and Marine Engineering ENGINEERING Environmental and Geological Services CONSULTANTS Land and Marine Survey and Mapping Website: www.coastalengineering.com INC. 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 364.66 FEET THEREOF. THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 ••I!Fk•'''' Digitally signed b Richard J Ewin DN:c=US,o=Florida, 3t: Na. d nQua l ifier=A01410C00000184C41 18C310004E891,cn=Richard J STATE OF g Fms., Ewing,� P;• ; Date:2023.04.05 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: 28421 Bonita Crossings Blvd.,Bonita Springs,FL 34135 1211 North Range Ave.,Suite E.Denham Springs,LA 70726 Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403 E-mail:info( cecifl.com SERVING COASTAL COMMUNITIES SINCE 1977 0 Tr e6B3 O t z� N 0 0 Z _1 e w cv O Q0 Q Z0V '� w0 F1— zeaa > i jJ O a 5o Q 1 L 6NomO �CO 0 O 0 0') Q OOq ? WWZNCV oW V2 ,Z2 : O Li • �zZZWn0 '`?;o; ma000. ¢ ZQ>OwiO1ZW;J��i>OFoOHcI z ze o o } =II —1 FLO a-0 W rIL:: 0 Om�J ZWco CC z n CC O L. cn g aQ o0Lz Ct W Q UajO=UQ �QQ OJLL U > O w m d W Z I-J CD LLmCO N O (n Z $a-. `, O0 W D0 I— Le, "srcmo Z o o g N CO Wa w t Z W _jW O I— o o w<Z i O oQzw II EU U Z att Z m = W CO H Z� WF J ill J w-' W & w U � o0 �a O fl w Lu z T..) w 1- 1)z z AVM dO 1HOI .901 (72 o w cmivA3inoe VHV V9 VINVS , Z oo os� M OO Z£o00S / Q o 0 - --- j I L_ o -g — W z a z of z z o rn w coW coQ _,o v W .1- W <no � � w -J zW I W -a) I. LL� o 0 u) o v a LIJ L0 Z oa O �U O J r Q < 00 O ,- o o) W v cn 0 0 Z o 0 0 00 o g co U rY C— �_ O a Z a w o U W Z Q H H a V I-o CC D O o CC D Q O= I .1- I ` I— m O0o 0 cn 12 Lcf, g. O LL CAD > 00 L J cc0 d w M O O U Y,1n0 WED 0U)¢O Q F O r U 4 , - w M` g Q) fe ZzwN �� co ❑ n ZO �O> O mE Dt4w a $w I \\I Z❑z 3_ !ZQ OO rF� 0 cn 0 g ❑� c'o _ -' &COw p) F0D s� � I-U o QZU wQZ0 o ❑H H J Q � Li- 3 zz 07, �.La-6 Jw H (_� O ~Z= F zo = < OZ €' o�LL. dO W Z N Qz g 'D 1 t Ia Nm ISHEET 1 OF 1 FILE NO.. 21.289 .40 0 � 683 EXHIBIT "C" [of the Property Exchange Agreement, Exhibit "C" of the Board Resolution] Declaration of Restrictive Covenants 0 6B3 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, "Owner") 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 "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 benefits 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 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 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 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 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. In 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 of this Declaration. Furthermore, prior to the entry into a landlord-tenant [22-ECM-02761/1818158/1] Page 1 of2 683 relationship with respect to Owner's Property or any part thereof, Owner agrees to notify in writing all proposed tenants of Owner's Property of the existence and contents of this Declaration. 5. If 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. IN WITNESS WHEREOF, Owner has executed this Declaration of Covenants as of the date first above written. Date: ,L iIc5 , 2023 OWNER: RONEN GRAZIANI `1 LEEANNE GRAZIANI STATE OF FLORIDA COUNTY OF Le tI Ier The fo,eoing Declaratio of Covenants was acknowledged before me by means of physical presence this I'day of OGI•L t' 2023, by RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife, who: are personally known to me; V OR produced [tea driver's license, OR ❑ as identification. u�; JENNIFER MCCAFFREY fiat v 1 Notary Public•State of Florida I Sig a ure of Notary Public i Commission;HH 165859 .oFA;.:` My Comm.Expires Aug 17,2025 J?[\f iC e v McCoffi " f Printed Name y "►' '�H nn Serial/Commission • (if any): v) l (affix notarial seal above) My Commission Expires: 0 v 1 I'"1 I (): . Date: , 2023 THE COUNTY: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: n17 Derek D. Perry V Assistant County Attorney \t3; \ [22-ECM-02761/1818158/1] Page 2 of 2 683 COAST Exhibit A Coastal and Marine Engineering ENGINEALER{N G Environmental and Geological Services CONSULTANTS 1 of 2 Land and Marine Survey and Mapping INC. 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 COUNTY, FLORIDA. THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 4Nq.7 F/;;'•, Digitally signed by Richard ENSF'yC Ewing sees *= DN:c=US,o=Florida, * = dnQualifier=A01410C00000184C �N; srwre or •a; 4118C310004E891,cn=Richard J 'so'•f. on o! a°° Ewing -'.,t 1tWei P``, Date:2023.04.05 06:36:21-04'00' 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: 24421 Bonita Crossings Blvd_,Bonita Springs,FL 34135 1211 North Range Ave.,Suite E.Denham Springs.L.A 70726 Phone(239)643-2324•Fax(239)643-I 143 Phone(225)523-7403 F.-mail: info!a.cecitl.com SERVING COASTAL COMMUNITIES SINCE 1977 Z N . v 16B3 o Up] w gwo o Z _J , ,c p 0 v 0 a 2 Z❑ O S Q w IH- Z 5 ,o 12m d wo o z0 Z Ir�p CI- wow 15Z o cc J - O O f -Q G 7 w J� ,l ¢mo �Qa o � Q ° I�Pry Z�QWd 0 0 00 Z� qi oo QcJ0O2 No O co < 00 'a, o ETQ0 :\.1 o > O2 00-g�o OOwwZ W J 0I- WZ2u)Q o 0p - < >�FFWOW m w0 DQDcny.II Q Z < ZZ ,•+o ,,,,,,.4 Z_11i20CC>Q o U � m Z C.O c ```. a=:ti L. :itZ�~J 2 CC Z z CA wcc 0 wD o o§ ,Ow�ZcO g � F- ao ;; ;:^"'` ago>oZ° N w C' >- w w aQ /�� \W\ ao v000W 0< — ¢co 0 >N OLL Q'EL L.L ZO1-J0 c d Z � C o 0LL N 3" O N W pO W c 1 �g � � z co o < N Z m �w � Q ' _ d '— O Q z w = 0 wN� N fz - O 0 Z o 0 W Qw F- CO LO d° X Zm2 W � W � � ~ � w �° WTic, w O '-noU �a ct w w c, oQ w. Zt z. WM dO IHJIH,901 w w abt/AD-nog VHV8 JV8 VINVS 00 oe1- M„OO,Z£o00S Q -o L 0 i g — —— - WzZa c Z c Oi Qi Z z❑ - co W co co cc IL-- W J zQ 8 co 0 W LLI -CC `0 Z 0 OC) b " O O O b o V a V } z LL 0 a) 0 m �v� m 1- z 02 co JO 7o m <0 co w W Ha � O � o � z av- CO _ Oa Z =o I-f- E w Z I- I- a rX U�o QZv Lo QZz Wa> ctDO V fz D- OFz F- f` f- O o 0 co cd Z 2zw O 420 Ic0 2; U if.(C, m oo Yoo LO U)CC U W Z" `- a Cn 0 rn a 0 W , `n o0 zw" <o 0 q C.) o - v C hi .co hiMI 0_ co WUQ cO �� ZQ0'c m ��W ii n , , OZ aQK • o 0) ZZ � O � � o O) OO ova chw �� Mw zo Q Z 0 w o Q Z 8 w rzDO co � Do o ~ ~ w LL 3 zz mm QWJ a zK F-1 f-wD N° I^ _ cnzco . NOLL I oZZO g -1 w �I OZO N il k-oI UwU? , Fp rz mm I I PIF 1 '` FILE NO.: 21.289 < C.: Exhibit B t 603 1 of COASTAL Coastal and Marine Engineering ENGINEERING Environmental and Geological Services CONSULTANTS Land and Marine Survey and Mapping Website: www.coastalengineering.com INC. 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 364.66 FEET THEREOF. THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 GNp0.�'J'I, Digitally signed byRichard J Ewing `OENSF,yC; 9 Y 9 DN:c=US,o=Florida, . d nQua l ifier=A01410C00000184C41 r`• * 'a E 18C310004E891,cn=Richard J ��Sf ESTATE OF P Ewing suuvei,P`, Date:2023.04.05 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: 28421 Bonita Crossings Blvd..Bonita Springs,Fl.34135 1211 North Range Ave..Suite E.Denham Springs,LA 70726 Phone(230)643-2324•Fax(239)643-1143 Phone(225)523-7403 E-mail:intb:iicecill.com SERVING COASTAL COMMUNITIES SINCE 1977 0 C.) i 66 3 z N o U w m 0 Z CO V. 0 3 ❑❑ Z FU-OZ a 8�0, a ¢_ � F Z Z e 0.. W O _ O zZ - < aJa I- O �7- .o D�`w o D Q v'o`aa o ❑ u',QU_0- o ❑ coN `o+o Iim ZrnZOQ - o b IN tY Z � - "ate QUO 2 oN o co < OO 3ggo a c-� N . o. 0 0 W W Z II CD COH oo-`�o W ZSCW Q CDm W � D �-pD o U Qm z OE) r'e`.. `4:t\ WzCC><DZ g co w CC 0W `:a -i20a CI)— z z W 02 77, 8 } aO W Wa Z Ct =O - W v ° az o° coi <U > UW aatLZF-::❑ y a m N o nza W Z W 0 U) aP. � N 0Q7 Z mce Q ti" o g W _ oI W- �� < , Q z w = 0 wN� CCEU UZ ° W Q w F- co Loco 0 Z m = L1J Z in LLI I-- _1W _1w J CO W b W r m U `-° b0 Ha CD IL Qo �Q „ CI- o a (1 O VM�O_WON z o I w GNdn31noe V VEkIVe VINVS - o .00.08 4 Z c? M OOZ£o00S Q o 0 -- __ <cc g m z z 1 o co of z Z❑ ' W v w Jcc 5 W � W J Zo I z„, I� LL3 bWncc ❑ I b c0 o ZQ o<o UQ 00 0 m o0 W lLI ?co W co H z O p 0 0 O m Z U P. U O a Z w a I- HF- w z ! Q I- Ia U�o UZv gyp' l 0 UZZ coa,- \ LT i I— 6 I 1 ~ it m oo co Zo 2 z w cq zF- (0 0. oif; w po ',"'C U W rn 1° (n Q 0 ,Q O ,- d F Q�V� b cp �WZ :*-1„o • Z�E -i D7 In 0 (� O NI 4 W8,< rvm. I LedW�> rag Km- Oj W'^� I � ow � IW ¢QQ 4 � 0o I o0 o) O � o`w4 CO W CD a- co W U6O Q Z0 I C. QZ8 &5 fyDU w U) � � O z o h- ~ LL ZZ LU<Lit QWJ 4, U 1- u' �g OZO ou in 1- .\j b °WOK y a§ � mF rm 1 FILE SHEET o i of i zi zes i6B3 EXHIBIT "C" 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 Martha S. Vergara From: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, January 19, 2024 11:34 AM To: Minutes and Records Cc: GoldsboroRobin; SweetMichelle; Derek Perry Subject: ad request (electronic only) : Graziani Property Exchange 90000-517CONV Attachments: [1821670] Graziani Exchange Resolution.pdf; Ad copy - Graziani exchange - DDP approved.docx Follow Up Flag: Follow up Flag Status: Completed Legal Notices Team: Please post the attached ad copy to notices.collierclerk.com on Monday, January 29th, to remain posted through February 13, 2024. The proposed Resolution is also attached for your files. This is a request for electronic posting only, and there is no concurrent NDN publication request. Please let me know if you need any further information. Thank you, 'Wanda Rodriguez, .MCP, CPN Office of the County .attorney (239) 252-8400 ACP program CPEURYINNG OLLIER COUNN Certified Nbk Manager SINCE From: Derek Perry <Derek.Perry@ col Iiercountyfl.gov> Sent: Sunday, January 7, 2024 12:53 PM To: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Graziani Property Exchange 90000-517CONV Wanda: Thank you for your work on this; please accept all of your changes and proceed. Please see the attached resolution. Derek D. Perry Assistant County Attorney (239) 252-8066 From: Wanda Rodriguez <Wanda.Rod riguez@colliercountyfl.gov> Sent: Friday, January 5, 2024 3:23 PM To: Derek Perry <Derek.Perry@colliercountyfl.gov> Subject: RE: Graziani Property Exchange 90000-517CONV Derek See my proposed edits, attached. Please send me a copy of the resolution so I can provide that to the Clerk as well. 'Wanda Rodriguez, ..ACP, CPN Office of the County .Attorney (239) 252-8400 IRVING ACP _WPubficM—ger PROM CCU COLLIER COUNTY SINCE �rYY From: Derek Perry <Derek.Perry@colliercountyfl.gov> Sent: Friday, January 5, 2024 2:55 PM To: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Graziani Property Exchange 90000-517CONV Wanda: Please see the attached, as discussed. Can this get run once a week for at least 2 weeks before the Feb 13 meeting through the Clerk's website? Thank you, Derek D. Perry Assistant County Attorney (239) 252-8066 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. NOTICE OF PUBLIC HEARING REGARDING AN EXCHANGE OF COUNTY -OWNED PROPERTY Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on February 13, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXCHANGE OF 1.51 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 RELATED LOT LINE ADJUSTMENT. and, in accordance with Florida Statutes section 125.37, notice is hereby given that the Board of County Commissioners of Collier County, Florida, shall consider the following terms and conditions regarding the exchange of property: THE EXCHANGE OF COUNTY -OWNED LAND, BEING A 1.51 ACRE PORTION OF THE NORTH 180 FEET OF TRACT 109, GOLDEN GATE ESTATES, UNIT NO. 30, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR LAND OWNED BY RONEN AND LEEANN GRAZIANI, BEING A 1.69 ACRE PORTION OF THE SOUTH 150 FEET OF TRACT 109, GOLDEN GATE ESTATES, UNIT NO. 30, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN THE AFOREMENTIONED PLAT. THE EXCHANGE WILL BENEFIT THE PUBLIC FOR PUBLIC USES INCLUDING RIGHT OF WAY, A POND SITE, AN EMERGENCY MANAGEMENT SERVICES STATION OR PARK & RIDE FACILITY. MONETARY COMPENSATION OF $28,000 SHALL BE PAID BY RONEN AND LEEANN GRAZIANI FOR THE EXCHANGE. A copy of the proposed resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. Additional information (including legal descriptions) regarding this exchange of property may be obtained by contacting Robin Goldsboro, Right of Way Acquisition, Transportation Engineering Division at (239) 252-5880 or robin. goldsborogcolliercoun , fl..ov. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercouniyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig(a,colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk Posted to notices.collierclerk.com on [O1/29/20241. RESOLUTION NO.2023 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXCHANGE OF 1.51 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 RELATED LOT LINE ADJUSTMENT. WHEREAS, Collier County (the "County") owns a 1.51-acre portion of land on the south side of Painted Leaf Lane 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 fully described in Exhibit `B" attached hereto and incorporated herein by reference); and WHEREAS, the assemblage of the Graziani Exchange Parcel with adjoining property owned by Collier County will provide the County with property 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, which is not needed for County purposes, and such property is in the best interest of the 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 property 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 County, as required by Florida Statutes section 125.37 and Resolution No. 2021-243. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [22-ECM-02761/1818159/1] Page 1 of 2 1. All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The exchange of 1.51 acres of land on south side of Painted Leaf Lane, owned by Collier County, described in Exhibit "A", in return for 1.69 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 13th day of February 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS, Crystal K. Kinzel, Clerk COLLIER COUNTY, FLORIDA LI-A By: Deputy Clerk Chris Hall, Chairman Approved as to form and legality: O Derek D. Perry ��\`L Assistant County Attorney Attachments: Exhibit "A" — County Exchange Parcel Exhibit `B" — Graziani Exchange Parcel Exhibit "C" — Property Exchange Agreement Exhibit "D" — Exchange Before and After [22-ECM-02761/1818159/1] Page 2 of 2 Exhibit "A" County Exchange Parcel [22-ECM-02761/1818159/1 ] � �0 COASTAL Exhibit A ENGINEERING 1 of 2 CONSULTANTS _1 INC. PARCEL 517CONV Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www,coastalengineering.com 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 COUNTY, FLORIDA. THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 yaAD..E.N,s q."t",,' Digitally signed by Richard J m •, Ewing *• Na. 5295 '•.,�.� DN: c=US, o=Florida, 5A * iJur= dnQualifier=A01410C00000184C ��•• ; aN 4118C310004E891, cn=Richard ) gym• STATE OF ' "so co Ror11; Ewing 4 Qljmory••oq PNO Date: 2023,04.05 06:36:21-04'00' 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: 28421 Bonita Crossings Blvd., Bonita Springs, FL 34135 70726 Phone(239)643-2324 • Faa(239)643-1143 121 I North Range Ave., Suite E. Denham Springs, LA Phone(225)523-7403 E-mail: info@cecifl.com SERVING COASTAL COMMUNITIES SINCE 9977 O�� v CD Ic-I ? m W m W QQO0 Q O O 0 W Q U O U %O O_ O Z U K M1 F O Q Z a'cv cc VO Q �O p m o " p� Q a o 00 (Va' Za q�;gN QU) N O MQ 00 'oza�j� � FnQp N CD' U2 oovmo 0yOWWZ II � J Z FMMM7 a w W m p Q 00 LL0 �Q ��I-H W �LLI Om W� V,�UpU�w Q Z Z CO .,,,� Mir, gZ fn L� 1~ o U �Q Z (9Ze`..........y'•.: Z QQ11. pp Z(n;-:i. 6 PM WZ��QpO Cn W� O Wp i : ;_: OW Z(n _ m ;I 14 U p <n z a N w [pm I"' JQ "Oijai„«'; d•' p Qzi5wLL � z z e LL g� �p qpir aW0>OZO �Nw aZ � Lu a0 v001-WWH 0 0 Q fa U i OU LL d' OmLLZ 1=- J a m o C/� Z LL N w p 0 LU c OZ C) ur) g Rf J LL Q Q N Z m W O a w 3 w J 0 = O CV �EEcWi UZ �o<� �oX ~ M ZmLLI _ LJ w W LUU' U) = � w 50 W U`-noU Fa w= Q o p Q w� � o � tZ 6 O Z I AVM �O 1HOW 901, _ _ _ _ _ W w 0 0 a — jvAJinoa V2:IV9�1`d8 ViNds oo'os6 Z 0 - M16001ZE000s Q o 0 I -- z a I co Z (9 z I I � ZQ v W 0 0 I I w~l w � Z0 LL L L w w t o `� � ai `� _ z o a O U O O I OMIT w MIT z LC O 00 Z 0 0 Go L6 rn �0 0) W w 000 I o� Z aC� (� OO a Z dLu CIMM W I Z a U 0 U—v o I U-- CD a. �D 0 qqm o' 1 �_ o0p 0 > 0 0�� Z zo =zw Uo:3 0MIT O � O W 0 0 of ce) oo rm U)i<0 j co W 0) Q 0 F wN 00 zWOK (DWO n'^E GO I 0 Mir 0) Q CID �a ELM wo< zoo' ou- I w m o0w °U. w QzZ O Oo a% N�a w I zz OLD Q� sU� 0 Zw� D0 Con 0� a FMMMMM p 31 zz Om a�¢ " �< iu �WJ iK w� z 09 =1 a =(� G 0LL O OZOU g uo of Uw U? w 0 ��1 g o \\UII 0 0 I $m SHEET 7 OF 1 FILE HO.: 21.2B9 Od� Exhibit "B" Graziani Exchange Parcel [22-ECM-02761 /1818159l1 ] Exhibit B COASTAL ENGINEERING CONSULTANTS INC. 1 of 2 PARCEL 517FEE Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www.coastalengineering.com "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 364.66 FEET THEREOF. THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO, LB 2464 P•��'E'N•sfh'%�,c ;, Digitally signed by Richard J Ewing F ' DN: c=US, o=Florida, *: Ro.ssss *- dnQualifier=A01410C00000184C41 ri, 18C310004E891, cn=Richard J STATE AOFP..�'g: Ewing / •. C OR 1 • _.....,.•g v ,. Date: 2023.04.05 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 :EC FILE NO. 21.289 DATE OF SIGNATURE: 28421 Bonita Crossings Blvd., Bonita Springs, FL 34135 70726 Phone(239)643-2324 •Fax(239)643-1143 12l 1 North Range Ave., Suite E. Denham Springs, LA Phone(225)523-7403 E-mail: info cecifl.com SERVING COASTNL CONIMUNITIES S/IUCE 1977 69ZLZ :ON 311A- AO 133HS ZN Nm o m I 0 'n ^ 20mc7 A mH a 6rC-mD I� flf y �mr10 o z G) ID oC� o I oCD < �z> o 0z >m oom ocq I I oo_' ° o o 3rD m I o D moo o Nm° I 3 3wm0 m0A >>° I xom m D°m - 0�0 co I eA °yz w >mm °mz o $ 3 3 w a G] rn Gl O° cn N D O > ODcn !" NCO m n�� T O 00 CDmpo 0x-i O o ? v'T°z b� �j < r p -` O v A ;u C _ o? (n °�O G% cco O O m D —I I 0 —I vm zZD con �Z 0-1 ��� D rri Dm Z �O cn 7" Z �Co I Ut �00 OO Z A O o °-oh0 c°'o o� cn00 TZ D a 0 o o° o 0 �o coco 0 o vcoo 4 cAo m l I O z m r I I 00 �l m � m Pk I I co m- zco Zz m ----------- --J L------- ° �S00°32'00"W — — — — — � D z o _ — — — — — — — — — — — — — — — 1so.00' — SANTA BARBARA BOULEVARD — N Om 106' RIGHT OF WAY p° O z o m M Do0y m m Tl o a7 vy C7�6C7 �m m °'-m G� mom_ m m? W W m S � WrI z o w rn -i m D m o Z o n � O= ZGD m m —I cn °a� m D� �DZO C/)� mm� cr Sol Cn 00 m o " m Dn=Or�� rp � n DZD Cn o p m �mm�0oc� m 0 _ zm mz0<DD� m C)W;u Cf) :- ?o , D � W m n n (n C� �� Vll 00 m D W cn Z m 0 `€i= �. 'I' c Q OcD*�Zm 9;;° 'cnZ 03> n o C< C: C cn m co m j moo mml ;a -iim�-0 cZ cz o Dcn2 m pw000 ,n rpp II Zmm00 "�pZO 2: <o N O>cn, 2 N 00 Dw O 0 cn � � N O o DOZ(DZ aM�o9 N(n �p - oT�Dcn >rm Dc P ArZ7 D -1 A ZD O y 0m d' z-zi z m D m oa8 a 0cn D0 70 ��.n E. rZ O A W W O U Exhibit "C" Property Exchange Agreement [22-ECM-02761 /1818159/1 ] O G�" PROJECT: Miscellaneous No. 99999 PARCELS: 517FEE & 517CONV FOLIO: 38169800003 & 38169760004 PROPERTY EXCHANGE AGREEMENT THIS PROPERTY EXCHANGE AGREEMENT ("Agreement") is entered into this day of 2023 by and between RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife, whose mailing address is 2861 Santa Barbara Boulevard, Naples, FL 34116-7431 (collectively, "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attorneys Office, Suite 800, Naples, FL 34112 ("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 Parcel; 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 EXCHANGE PROPERTIES. The County hereby agrees to convey the County Exchange Parcel to Owner, and Owner hereby agrees to convey the Graziani Exchange Parcel to the County, on the terms and conditions set forth in this Agreement. 2. COMPENSATION. 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. 3. CLOSING DATE: POSSESSION. A. Closing Date. Owner's conveyance of the Graziani Exchange Parcel to the County and the County's simultaneous conveyance of the County Exchange Parcel to Owner (the "Closing") shall occur within 60 days of the County's receipt of all properly executed Closing Documents (defined below) or approval of the application for a lot line adjustment (referred to in section 4.0 below), whichever is the later. TIME IS OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. B. No Adverse Changes; Risk of Loss. 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 Exchange 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 County 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 that, between the date that the County 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 Graziani Exchange Parcel, or other matters previously approved by the County. Between the date of [22-ECM-02761/1818156/1] Page 1 of 7 �;AO 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 repair and restore the Graziani Exchange Parcel at Owner's expense. C. Possession, At Closing, 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. Before closing, all access points from Owner's properties abutting the Graziani Exchange Parcel shall be removed and discontinued at Owner's sole cost and expense, including all paved driveways and parking areas located upon the Graziani Exchange Parcel, 4. CLOSING DOCUMENTS. A. Owner's Closing 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 for the Graziani Exchange Parcel, if any, (ii) provide a current title commitment, together with copies of all 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 Graziani 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 "Owner's Closing Documents"): (a) Warranty Deed for the Graziani Exchange Parcel; (b) Closing Statement; (c) Affidavit of Title pertaining to the Graziani Exchange Parcel; (f) A Satisfaction, Release, or Termination from the holder of each mortgage or other lien open of record encumbering the Graziani Exchange Parcel; (g) 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.B below); and (i) Such other documents as the County or title company deems necessary or appropriate to clear title to the Graziani Exchange Parcel. B. County's Closing Documents. At Closing, the County shall deliver the following closing documents to Owner, properly executed and in a form approved by the Collier County Attorneys Office (the "County's Closing Documents"): (a) Deed (Sec. 125.411, Florida Statutes) for the County Exchange Parcel; (b) Closing Statement; and (c) Such other 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 Adjustment. Before Closing and within 90 days of the effective date of this agreement, the Owner shall make application and receive approval for a Lot Line Adjustment, pursuant to Collier County Land Development 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 the application for a Lot Line Adjustment is not approved and neither party shall have any further claim against the other. D. Additional Closing Documents. Following the Closing, the parties shall execute any and all additional documents as may be requested by Owner, the County, or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties. 5. CLOSING COSTS AND DEDUCTIONS. [22-ECM 02761/1818156/1j Page 2 of 7 A. Owner's Closinq Costs. At Closing, Owner shall pay (i) all recording fees to record the conveyance instruments and any affidavit, trust certification, release, lot line adjustment instruments and/or affidavits, or curative documents required to clear title to the Graziani Exchange Parcel or the County Exchange Parcel; (ii) any state documentary 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 4.0 of this Agreement; and (ix) attorney's fees and costs for Owner's attorney. B. County's Closing 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 ADVERTISEMENT AND CONTINGENCY. Owner shall pay the full cost of publishing, once a week for two consecutive weeks in a newspaper of general circulation published in the County, a notice setting forth the terms and conditions of this exchange of property in compliance with Section 125.37, Florida Statutes. If 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 initio and neither party shall have any further claim against the other. 7. INSPECTIONS. A. Inspections. 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, appraisal, environmental assessments, engineering studies, soil borings, determination of compliance of the County 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 County Exchange Parcel caused by such on -site inspections. Likewise, following the date of the parties' 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, engineering studies, soil borings, determination of compliance of the Graziani Exchange Parcel with applicable laws, and the like. Owner shall 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. Right to Terminate. Notwithstanding anything in this Agreement to the contrary, Owner's obligations under this Agreement to acquire the County Exchange Parcel are contingent upon Owner's satisfaction with the County Exchange Parcel, including, without limitation, as revealed by its investigations and inspections as set forth herein. If, prior to the Closing, Owner identifies 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 Graziani Exchange Parcel, including, without limitation, as revealed by its investigations and inspections as set forth herein. If, 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 [22-ECM-02761/1818156/1] Page 3 of 7 � O 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 CONDITION A. Future use of County -Owned Property. Owner recognizes 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. 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 this exchange of property will result in the County owning a 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. 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 property 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 configured 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 property 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. Immediately after the closing, a Declaration of Covenants in 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 REPRESENTATIONS AND WARRANTIES. 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 fulfill Owner's obligations under this Agreement and the Owner's 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 execution 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 Graziani 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. (e) No maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Graziani Exchange Parcel shall remain in effect as to the Graziani Exchange Parcel following the Closing. [22-ECM-02761/1818156/1] Page 4 of 7 ®�j',) (f) There are no governmental proceedings or investigations of any kind, formal or informal, civil or criminal, pending or threatened, that may affect the Graziani Exchange Parcel or adversely affect Owner's ability to perform Owner's obligations under this Agreement. (g) 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 Parcel; 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 Owner's conveyance of the Graziani Exchange Parcel to the County and no real estate sales commission is due. 10. COUNTY'S REPRESENTATIONS AND WARRANTIES. The County makes the following representations and warranties on the date of the County's execution of this Agreement, and shall be deemed 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) 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 Owner's prior written consent, which may be granted or withheld in Owner's sole discretion. (e) No maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the County Exchange Parcel shall remain in effect following the Closing. (f) 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. (g) The County 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 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 knowledge of any existing or threatened environmental lien against the County Exchange Parcel. [22-ECM-02761/1818156/1] Page 5 of 7 fib, (h) The County has not utilized a real estate broker or agent in connection with the Countys conveyance of the County Exchange Parcel to Owner and no real estate sales commission is due. 11. DEFAULT; REMEDIES. If 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 thereof from 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, including 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 Agreement, or in any of the Closing Documents, if untrue; or (ii) Owner's failure to perform any of Owner's obligations under this Agreement, irrespective of whether the 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 mailing. 13. GENERAL PROVISIONS. A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, executors, personal representatives, successors, and assigns. B. Assignment. 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 Agreement. This Agreement constitutes the entire agreement of the parties as pertains to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. D. Amendments. All amendments to this Agreement must be in writing and signed by both parties. E. Time Periods. If any deadline or expiration of any time period provided for hereunder falls on a Saturday, Sunday 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 Closing, including, without limitation, representations, warranties, and indemnity obligations, shall survive the Closing. G. Severability. If 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 effect. 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. I. Governing 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 solely in the courts in Collier County, Florida, and the parties hereby agree to said venue. [22-ECM-02761/1818156/1] Page 6 of 7 p d V IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below, effective as of the later of such dates. Date: , 2023 Date: 2023 ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court & Comptroller By: ,Deputy Clerk Approved as to form and legality: Derek D. Perry 51 tij Assistant County Attorney �0 OWNER: RONEN GRAZIANI LEEANNE GRAZIANI THE COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro, Chairman [22-ECM-02761 /1818156/1 ] Page 7 of 7 ��O COASTAL Exhibit A ENGINEERING 1 Of 2 CONSULTANTS INC. PARCEL 517CONV Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: vvww.coastalengineering.com 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 COUNTY, FLORIDA. THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 ` ��\��,aa°. E�: ��Fr�.''c , Digitally signed by Richard J i . �� "SF•H Ewing *.: "o. sass '•.:* DN: c=US, o=Florida, _ * :rc= dnQualifier=A01410C000001S4C = T•4 'a = 411 SC310004E891, cn=Richard J �• STATE OF °N�'o' �� o n � oP.��`. Ewing ��'�.;�<'g��'E.joRP�` Date: 2023.04.0506:36:21-04'00' 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 N0. 21.289 DATE OF SIGNATURE: 28421 Bonita Crossings Blvd., Bonita Springs, FL 34135 70726 Phone (239) 643-2324 •Fax (239) 643-1143 121 I North Range Ave., Suite E, Denham Springs, LA Phone(225)523-7403 E-mail: info n cecifl.com SERVING COASTAL COMMUNITIES SINCE 1977 cA0 N U ps 'w COW y V z J -� o; Y 0' z W z HO o r a a Q z o a f d 0 z z = 11 &� a m0 F O az -� <O a -� ass o LL w a d � �¢ moeam zLOaLLo- o p 00 ZN �0goo <N( °: LO o ``'a 00 a'^° � MQp N N O% U S 6 0- w a 0 0 W W z CD�-I LL D z Q d� W H p� > I- O W 0m Of �< U) N J Z Z w , o.«,,,� a>w,9`' Z J L� I=— o Q �a z =_. g=�a��J�z o U am O z W o WZOW �aoo. 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THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO, LB 2464 NFF oxP•pD EJ•Ns�"'%yc ;' Digitally signed by Richard J Ewing No. 5395 •• DN: c=US, o=Florida, ,k;• •*� * = dnQualifier=A01410C00000184C41 p'. 18C310004E891, cn=Richard J m•• STATE OF ss•. P,:'igc Ewing ^o R Pe ,c' Date: 2023.04,05 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: 28421 Bonita Crossings Blvd., Bonita Springs, FL 34135 70726 Phone(239)643-2324 •Fax(239)643-1143 1211 North Range Ave., Suite E, Denham Springs, LA Phone(225)523-7403 E-mail: into n cecifl.com SERVING COASTAL COMMUNITIES SINCE 1977 a 0 W Z N U pp M v m p Zj .W two pQ � p Uj p -o o -o o W Z z H Z 0 Q ZZ O �a. Lij �� a I—O pLL W w �QHQ �LL<V, p�QQO_ o op (nN rno I`mo ZO)ZLLQ o p rNiQ O� � �R �Lr) J N N o> U Z 02 :: O O Cl) a Z W I U) C7H oO� WZ=(nQ Z D LL W F- p of af > H Ow .. Ow(n �Qj�}� Q Z Z z *;';ms;,:q: Z J _o Q o o U Qm z Z�;at o•.e wz� QZ cn wO Q w�=' a§ .0W�ZU) m m Jm'%..;, c. QUUp�pCn o a< 19 W 0_ Z O CI) QD =OW OAF—W W OZ \ 0j W 3 w LLI N �oWo G7�� QU)z M Z�w O�o �z 2 O U Z s Of �Q< LLI = I" CV) zw Z co 111 Y Jw J W J C7 W 00 W F m UL"oU Fa W' CV)O w = Q O LLr)� F� �O�O t7O Z AVM =10 1H918 1906 _ _ _ _ W w — (RJVA3ino8db ga:IVG` INds 00ost --------------- Z MIA00,Z£o0rw, Q o ----- -- ------I---------- --- c~i°m F— L_ _ CD � 3 I I W ZZ �0i z ZOD � WLLJ o LL H LU J Z W W tiLLU) o p 3x I t o o Lip a� o Z 0 a O O rv< rHY. Q ZUu rO w0 w00 L6 a)W mM Zo Ow = o �p W 000 Z n Z I � �oM Q o m3LL QZ� p QZZ ww o I ��g p=z I —Ft LL00 con cD Oyu �o =ZW I _ Z �o - Woo �� <� �w wU)0 W M _a 0 0 u F <X U� U) O OWZ mo 0 d � � ZULL c8 O zwa _ cl 00 Wo< rvrvcc WUWZ5Y W qc I - 0 <OK 0uw ao Inow <aU > o ¢J� O CD c) rn o 0cl 0) CD owa �chLU I I terI—°ow 020 zz U U > �jo � �j0 W < I w �I zz m m^ �¢ N < QW� q ZM Cl f I �z� _ -o = ac�z oW UI Oz0z N 00 �JJ of UwU? ap m" mo SHEET 1 OF 1 N FILE NO, 21.289 OT� EXHIBIT "C" Hof the P�oq e Exchange Agreement, Exhibit "C" of the Board Resolution) Declaration of Restrictive Covenants 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, "Owner") RECITALS: A. Collier County, a political subdivision of the State of Florida (hereinafter, have entered into a written property exchange agreement dated "the County") and Owner ("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 "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 benefits 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 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 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 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 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. In 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 of this Declaration. Furthermore, prior to the entry into a landlord -tenant [22-ECM-02761/1818158/1] Page 1 of 2 relationship with respect to Owner's Property or any part thereof, Owner agrees to notify in writing all proposed tenants of Owner's Property of the existence and contents of this Declaration. 5. If 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. IN WITNESS WHEREOF, Owner has executed this Declaration of Covenants as of the date first above written. Date: , 2023 STATE OF FLORIDA COUNTY OF The foregoing Declaration presence this day of husband and wife, who: are personally known to me; OR OWNER: RONEN GRAZIANI LEEANNE GRAZIANI of Covenants was acknowledged before me by means of physical 20231 by RONEN GRAZIANI AND LEEANNE GRAZIANI, produced ❑ a driver's license, OR ❑ (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 as identification. Signature of Notary Public Printed Name Serial /Commission # (if any): My Commission Expires: THE COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro, Chairman [22-ECM-02761/1818158/1] Page 2 of 2 O COASTAL Exhibit A ENGINEERING 1 of 2 CONSULTANTS P�l INC. PARCEL 517CONV Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www.coastalengineering.com 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 COUNTY, FLORIDA. THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 •P:' •".: Fiy''�,, Digitally signed by Richard J �ce Ns�!yC; Ewin 9 No. 5295 .* DN: c=US, o=Florida, * �= dnQualifier=A01410C00000184C srATE of c`� 4118C310004E891, cn=RichardJ .�: a a or. Ewing :,�oP Date: 2023.04.0506:36:21-04'00' 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: 28421 Bonita Crossings Blvd., Bonita Springs, FL 34135 70726 Phone(239)643-2324 . Fax(239)643-1143 1211 North Range Ave., Suite E, Denham Springs, LA Phone (225) 523-7403 E-mail: info�cecifl.com SERVING COASTAL COMMUNITIES SINCE 1977 OaJ Nil U N v 3 0 O z m w w w p Q �O o'O W ZO H Z A ^ Q z z - o a w0 F O Q z H 0 a° o o LL W J� a, ila�,o HQa. O ZQ m 0 k ZrnaL-a 0 O O oN zQ' m 11 MO i QLO UQ ti N N 0W OO oC),mo Oz2CY WQ �J z� a�W[l-O0� 0 LL �Q >�E-�W0w Om Wcn ��vOU}� J Z q Zz io uaew.4y' zJwO2>Q o o U �Q Z O�s=W'Y a,wz�HJ=Z QQm O WD o: e ,Ow�ZU) co ma Jm :,.`'+ c,lj \ �UU0�0� o < < w gQ a �o ,°E,, �wo¢� n0 w CO = W > O W W OZ LLJ 0 U 0 o C!� Z< V i L)LL IrdLLLZZHJO 5 W o L O U)� 3 oFj N r LLI O O LU C f p OWZ Q �` Q N Z mw J O � J Li N �— 20 N cwi U Z N oa X W W ~ M w M z w LU W W M Y U1 L7 J W J w O LLJ 00 W Flll UL-o0U �a < M O w = Q w a O LO a 0 Z -----AVM HO 1HON 901, ow MOM Z ci M1,001ZE000S Q o 0 — — — — — — — — — — — — — — — — — — — — — — — — — ~i0 L_ I — W za Z �z I z0 w `* 00w U w 1- .� W J z w I LLw� w 0)w o 0 50 O ��U Z OQ O I 7 O V W o Q Q Z O 00 Ln lrllllO O < ri tD O O � W O �O0 LO I 000 Z av� U �Oa Z dwo M w c I CD rllll Z M O 0 I—tzllllll w �f-0. Ugo U—o U-- U LL QzU 0 1D QZa Ww O o z � Z w00 00 Ora cq c� = z w Uo� <q 0� ( �o �jo0 P r w M Q O Y 00 � c � W zy> W Jam¢ o 0 F m in o �Wz �<o v o =0 00 0 w CM_v ZW2 Q 00 o V� a `� w,< Iq= �oNEE > OLLmm I I MW, a Lb ZOZ <<� O > 0 00o I Op mO0 ow< �Mw I I �00 �Mw 020 zz 0U O Fmm w w c7� 0 zz m< ;awe o zX Z� Ns O OZOO UN u� �I WU? <& 0 mm < I mm SHEET 1 OF i N FILE NO: 21.289 11 Exhibit B COASTAL ENGINEERING CONSULTANTS INC. 1 of 2 PARCEL517FEE Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www,coastalengineering.com "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 EXCEPTTHE WEST364.66 FEETTHEREOF. THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO, LB 2464 • .Fly'''. \ �•E Ns.�/yc ;' Digitally signed by Richard J Ewing DN: c=US, o=Florida, No. 5295 ..* S * , dnQualifier-A01410C00000184C41 we 18C310004E891, cn=Richard J STATE OFP. Ewing SON ��•. �O`�� P; Date: 2023,04.05 06:36:04-04'00' RICHARD J. EWING, V.P. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUTTHE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 21.289 DATE OF SIGNATURE: 28421 Bonita Crossings Blvd., Bonita Springs, FL 34135 70726 Phone (239) 643-2324 •Fax (239) 643-1143 1211 North Range Ave., Suite E, Denham Springs, LA Phone(225)523-7403 E-mail: info n cecifl.com SERVING COASTAf_ COMMUNITIES SINCE 1977 �� X W �r Z� � N � Z m 3 � 3 v � z �_ Vj0 gv4 w Q2' Hz gr� a F O Qz � o.�� Q ��� JQO ��ac.e � HQd � OD CnN rno¢mo ZQmzOQ O O N2' Z� �ory NCO O O M Q O q� moo ory d' (nJ N N o> U� mZa�°' OOwaZ W II �� C7� oo��o wz=�Q � z� a wl-o 00 � LL.� �Q >���w�ui Om w� �Q�(n�.� W �Q wW SScn�OQw� o O U Q m Z Z� ;3;1W« .'•.6': wZ�—Q�Z d mm Jm'�:1� � �..�< o�U���Cn az � �W Qp =O��ww� N QvQi U i OUIJi �d��zH�o � m a o Cn � 11 L7 � 3 a � N � o� � L7 � � �� �z Z m� � Q � �= o Jew �� QZw 20 ��a �L�QL]U UZ �� Z m= ~ M M Z� W ~ Y � �� J W J N � W � W r m UL-noU v�iw �'MoQ' wx Q ~ � O � � ~a0, O _ _ _ _ _ I�VM �O 1H`JR1 �901 _ _ _ Z � o w — — — — — — — — _ — — — J C7 42�b'n3�f108 d2�b'8bb'8 b'1NdS ,00�oat ° a Z .� M��OO�Z£o00S Q � o ----- ----- --� —-------- �o �— --- aF I �-- " �3 I I — w Za —� � Z �Z I I °' � z Z o � O J O I I "� w � � I I � tip-- w J �� w o� � o p 5 � I t o o i�� o z oa O o of J �Q � Y Q ZLL 00 � I mo � W�� � O w w p� �O� � I O� Z Uv� � Oa Z wd � o� � a=� ��? w I Z Q f-�a � U�o UZU � I W UZZ �3� a ��o O I ��a o=� � F� ~ ~ � O O O m � � � O = z w � � UsJ I z�� a ?o ��o O U I � o�U W O)� �(n¢O (h a � � u F � fO �n to O I � ¢v.- � O zwz >oo � w>a I � � wwa _ a W � m I ��� �w�' (n waz ry _ Ua I WUr> X�- Z a.. _ �O> OLL,n� I I �wN a �W OOW I I _ «� a > � rJ� � I I o � rn �o � O o I � 0 0 0 u�` MLL1 �� � zz v�� I I o U�� �s QZ� � o QZ� w ��o � i cn ��o 0 w 31 "~ �' m zz �a a Qw� A zir w� '_ -o I-� =1 �Z� � oLL u U OZOU .N c�i i� of UwUZ v az � �� �Q I m " LL I m o ISHEET 1 OF i N FILE NO: 27 289 �� J a "'o EXHIBIT "C" 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 Exhibit "D" Exchange Before and After [22-ECM-02761 /1818159/1 ] � �O 1 r ,fie rOF d a OF 6+ s to .� : •' COUNTY PROPERTY GRAZIANI PROPERTY two I 7i, f l. i I' I Y PROPERTIES4j- Fla 41 ' rf t .-> t:Mllpow - W moo rid �ver it OF `2. , r 7.�APO IF Or It OF GRAZIANI-; COUNTY yaj� PROPERTY, ��~� W PROP.ERTY.� ' ' OFFf pie+�-a,' ,v' FF >'�.-i >~ - Fill ll LLL OF t it � r • � 40 OFF P�w . all Of ti / --- fO\ 1 .�.•-iP. •:.x m^S.o ... .i' T _ .. r �� —_:Via• 'r j 1 t— Martha S. Vergara From: Derek Perry <Derek.Perry@colIiercountyfl.gov> Sent: Friday, January 19, 2024 12:07 PM To: Minutes and Records Subject: FW: ad request (electronic only) : Graziani Property Exchange 90000-517CONV Attachments: Graziani - Proposed Resolution.pdf Derek D. Perry Assistant County Attorney (239) 252-8066 From: Derek Perry Sent: Friday, January 19, 2024 12:06 PM To: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov>; Minutes and Records <MinutesandRecords@collierclerk.com> Cc: Robin Goldsboro <Robin.Goldsboro@colliercountyfl.gov>; Michelle Sweet <Michelle.Sweet@colliercountyfl.gov> Subject: RE: ad request (electronic only) : Graziani Property Exchange 90000-517CONV All: Please note that the resolution was insubstantially updated with 2024 dates and the chairman Chris Hall's name, attached. Derek D. Perry Assistant County Attorney (239) 252-8066 From: Wanda Rodriguez <Wanda.Rodriguez@ col liercountyfl.gov> Sent: Friday, January 19, 2024 11:34 AM To: Minutes and Records <MinutesandRecords(@collierclerk.com> Cc: Robin Goldsboro <Robin.Goldsboro@colliercountyfl.gov>; Michelle Sweet <Michelle.Sweet@colliercountyfl.gov>; Derek Perry <Derek.Perry@colliercountyfl.gov> Subject: ad request (electronic only) : Graziani Property Exchange 90000-517CONV Legal Notices Team: Please post the attached ad copy to notices.collierclerk.com on Monday, January 29th, to remain posted through February 13, 2024. The proposed Resolution is also attached for your files. This is a request for electronic posting only, and there is no concurrent NDN publication request. Please let me know if you need any further information. Thank you, Wanda Rodriguez, .ACP, CPN Office of the County .Attorney (239) 252-8400 F L O A I D A PROURYIRVING AC P Pro COLLIERCOUNTY Certified Public Manager SINCE ■Lj From: Derek Perry <Derek.Perry@col liercountyfl.gov> Sent: Sunday, January 7, 2024 12:53 PM To: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Graziani Property Exchange 90000-517CONV Wanda: Thank you for your work on this; please accept all of your changes and proceed. Please see the attached resolution. Derek D. Perry Assistant County Attorney (239) 252-8066 From: Wanda Rodriguez <Wanda.Rodriguez@col liercountyfl.gov> Sent: Friday, January 5, 2024 3:23 PM To: Derek Perry <Derek.Perry@colliercountyfl.gov> Subject: RE: Graziani Property Exchange 90000-517CONV Derek See my proposed edits, attached. Please send me a copy of the resolution so I can provide that to the Clerk as well. `Wanda Rodriguez, .ACP, CPN Office of the County .attorney (239) 252-8400 C° & ` ° PROUD IRVING ACP pro COLLIER COUNTY Certified Public Manager SINCE From: Derek Perry <Derek.Perry@colliercountyfl.gov> Sent: Friday, January 5, 2024 2:55 PM To: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Graziani Property Exchange 90000-517CONV Wanda: Please see the attached, as discussed. Can this get run once a week for at least 2 weeks before the Feb 13 meeting through the Clerk's website? Thank you, Derek D. Perry Assistant County Attorney (239) 252-8066 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. RESOLUTION NO. 2024 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXCHANGE OF 1.51 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 RELATED LOT LINE ADJUSTMENT. WHEREAS, Collier County (the "County") owns a 1.51-acre portion of land on the south side of Painted Leaf Lane 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 fully described in Exhibit "B" attached hereto and incorporated herein by reference); and WHEREAS, the assemblage of the Graziani Exchange Parcel with adjoining property owned by Collier County will provide the County with property 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, which is not needed for County purposes, and such property is in the best interest of the 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 property 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 County, as required by Florida Statutes section 125.37 and Resolution No. 2021-243. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [22-ECM-02761/1818159/1] Page 1 of 2 �0 l . All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The exchange of 1.51 acres of land on south side of Painted Leaf Lane, owned by Collier County, described in Exhibit "A", in return for 1.69 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 13th day of February 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS, Crystal K. Kinzel, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legality: Derek D. Perry Assistant County Attorney Attachments: Exhibit "A" —County Exchange Parcel Exhibit "B" — Graziani Exchange Parcel Exhibit "C" — Property Exchange Agreement Exhibit "D" — Exchange Before and After By: Chris Hall, Chairman [22-ECM-02761/1818159/1] Page 2 of 2 G �� Exhibit "A" County Exchange Parcel [22-ECM-02761 /1818159/1 ] � e aT COASTAL Exhibit A ENGINEERING CONSULTANTS 1 of 2 INC. PARCEL 517CONV Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www,coastalengineering.com 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 COUNTY, FLORIDA. THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO, LB 2464 eiy'%�'%, Digitally signed by Richard J ,�csNsF�;, Ewin 9 No, 5195 ••:�.� DIN: c=US, o=Florida, + E_ dnQualifier=A01410C00000184C srnre of : e`c 4118C310004E891, cn=Richard J w < o a � g"•Pa°.`' Ewing Date: 2023.04.05 06:36:21-04'00' 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: 28�421 Bonita Crossings Blvd.. Bonita Springs, FL 34135 70726 Phone (239) 613-232�4 •Fax (239) 643-ll43 121 1 North Range Ave.. Suite E. Denham Springs, LA Phone ('_25) 523-7403 E-mail: inio�ri-cecill.com SERVING CUASTAI_ COMMUNITIES SINCE 9977 O�� �_ � N � o .O1 0 o Um w �w� p Z J � d p Q � cn0 a or` w zQ z � � Q � Z O Z Z T9 V�� Q � O� U Oy�¢ '- v � �"' Q d � o �Q moe�o oLnQLLd O O ivd' ZN >.�`coN QN�OQ � O p �7Q O� '''"�' ti �`n J� N N o> U2 oov`mo oroZw�z u �� z� aww�QQ O � w Q >> F- � LLI � OOOO W � jQ��_r� m O U Qm Z Zln ;_ �� �°o§'W Z��Q�Ur Cn W d' � wm =;3C.'' "•y-.a��UOZ�(n g a a w � J �.: i�.. (n J C'J Q W W u aQ � W Qp vOpl-wUH a o (� Z� U � UUti tau ZOHJ� m �' 3 � < Z Q� O� W O� Q� � � Q Z W = � ��a .0 N � � U U Z W Z m= uJ `�' T Z� � � J w J N J W � LLI � � U�oU �w �Mo� w= doLO� �o z `� m /OHM �O lH`J12f �906 _ p w a�dn��noa d�da�da diNdS ,00�osG - - - - - - - - - - - - - - - - � a Z .� MI�OO�Z£o00S Q � o -------- � �-- _ � �g _ w z a p � � Z � z °� rn QZQ z o � dam' W J � m w 1- ., W J z � LLLL� o � 3� � � o ��� p Z oa o � bap V uorn `t F Z Oa eO uj � o mrn a o�i `D � O w W � � �Oo � I p� Z aC� In _Oa Z n.=o ��? w � Z� I-� a � U�o UQz� o � UQz� Way �� O o � �� Q p= Z ~ o� ~ � w o 0 O�� � i� Z � � =zw � Uo� CSl O LL .-. � � O W p O c'P � W o.� 00 YpU �dU w � � z �(nQ0 J ma o � � F N � o zwz <o 0 � � U �� � � w;d e � � Q^ � zw� v ��o ��� LL � WUQ � c`c Z�w Xm_ �O> OLL�� QOK I o� o�w a aQrc �w p rJ� p 0 � I � O p W O O o i o �Ma I � °�� F-Ma Uoz UHF � � o� U�� rc5 Q Z v � o Q Z v w ��o � i cn ��o 0 >- � w �� �� m� zz �¢ = y< awe a za w IJ = p?� a o0 u � OZOU N c�i� �I UwUz F� o �� � °m m mo SHEET 1 OF 1 N FILE ND.: 21.289 l , JS� �� 1 �� :_ Exhibit "B" Graziani Exchange Parcel [22-ECM-02761 /1818159/1 ] � _� 12 Exhibit B COASTAL PPENGINEERING CONSULTANTS r _! INC. 1 of 2 PARCEL 517FEE Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www.coastalengineering.com "GRAZIANI" DEED TO COLLIER COUNTY LEGAL DESCRIPTION THE SOUTH 150 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT N0. 30 AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA LESS AND EXCEPTTHE WEST364.66 FEET THEREOF. THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO, LB 2464 •E H F�%'/�o Digitally signed by Richard J Ewing DN: c=US, o=Florida, Na. 5295 6040*� * _ dnQualifier=A01410C00000184C41 18C310004E891, cn=Richard J STATE OF P♦ Ewing �° F** P��`�` Date: 2023.04.05 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: 23421 Bonita Crossings Blvd.. Bonita Springs, FL 3413i 70726 Phone (239) 64�-232-t a Pnx (?39) 64�-I 143 1? 1 1 North Range Arc.. Suite L-. Denham Springs, LA Phone(225)523-7403 L-mail: infoRocecifl.com SERVING COASTAL_ COAL/MUNI /7ES S!/VCE 1977 69Z {Z :ON 3113 IIIII{n\j)\\0\ { 133H5 NZ Q� IC?O on w zozo 0A 3 nOZO I� q Ty cnzc M r-� o cm-+ oy rlmD n y U zz f y Cf) I{ 0C� cn I 0c%� z( �-�c> 0 1 1 cgC) nmo m CACDI I rn CO � oym 0O (0 OC I aCD 3 o I o p moz moo I m^ Z WOD 1 °m .y^o <Qx ^Xm Kim o>=co 9^ DAm o <_A - I 33'wn 000 O^ cn jCnA O d � D wo O D (n .�^ � CO m nn� op W mpo O�� o m-llz 0 c� a cc 4 —I I A i � mo �zD I o0 oC;CJ OZ> n I c n A�� o ow, _ D z I m mw� 'per m m�� a MWn t o� I c"» �00 �� m 0 Z m O to {fl Ao m O O' 00 a Der o`O I po Z D o �CAP) o m � o U) m 1 o� m m vim m P, m< m o zco I �" m�Z _ �A 0 —� mo D — — — -------- � L— N— — — — — — — — — — — — — ° D S00032'00"W 0 ? 180.00' >o SANTA BARBARA BOULEVARD_ _ — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — mm 106' RIGHT OF WAY z Z oM DoopD mm m m C: m' m C�m �N mr m c TN mK W m =W z Ow —I mD m o� z n n� v O= Z G D m —i m Cl) mom DDzO mm—� p3o Cm o�m o w m m Or-IZmm;7 m0 �O (n c)p = D 0 O n O D D Immm --Imm A00 O> m Z7 zOcn�DDm�DD0 G) Cl) A 00 D o7 mN �cnZ M0 _bra'^ ,cIII Z O �Ln U) C:m>0 �03 z mco lm W m c G) cn m O O o mXC) ]im�-0 >z o„ p D (n 2 Z� o M o o .-I G� r pp II zmm00 ,0Z°. =O GO N N �D�(n� tig� lien„ ;aZ -,ZD7 N O O Z Z A> a D C o O D o mmc if0D y rO m T o ? Z z OZ ° a o a pZ � p`m o� +' Dp of.A �. �z o0 Wn 7 A O Exhibit "C" Property Exchange Agreement [22-ECM-02761 /1818159/1 ] Exhibit C PROJECT: Miscellaneous No. 99999 1 Of 19 PARCELS: 517FEE & 517CONV FOLIO: 38169800003 & 38169760004 PROPERTY EXCHANGE AGREEMENT THIS PROPERTY EXCHANGE AGREEMENT ("Agreement") is entered into this 13t'K day of 1�Pbruary 202� by and between RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife, whose mailing address is 2861 Santa Barbara Boulevard, Naples, FL 34116-7431 (collectively, "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attorneys Office, Suite 800, Naples, FL 34112 ("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 Parcel; 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 EXCHANGE PROPERTIES. The County hereby agrees to convey the County Exchange Parcel to Owner, and Owner hereby agrees to convey the Graziani Exchange Parcel to the County, on the terms and conditions set forth in this Agreement. 2. COMPENSATION. 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. 3. CLOSING DATE; POSSESSION. A. Closing Date. Owner's conveyance of the Graziani Exchange Parcel to the County and the County's simultaneous conveyance of the County Exchange Parcel to Owner (the "Closing") shall occur within 60 days of the County's receipt of all properly executed Closing Documents (defined below) or approval of the application for a lot line adjustment (referred to in section 4.0 below), whichever is the later. TIME IS OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. B. No Adverse Changes; Risk of Loss. 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 Exchange 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 County 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 that, between the date that the County 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 Graziani Exchange Parcel, or other matters previously approved by the County. Between the date of [22-ECM-02761/1818156/1] Page 1 of 7 -�. Exhibit C 2 of 19 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 repair and restore the Graziani Exchange Parcel at Owner's expense. C. Possession. At Closing, 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. Before closing, all access points from Owner's properties abutting the Graziani Exchange Parcel shall be removed and discontinued at Owner's sole cost and expense, including all paved driveways and parking areas located upon the Graziani Exchange Parcel. 4. CLOSING DOCUMENTS. A. Owner's Closing 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 for the Graziani Exchange Parcel, if any, (ii) provide a current title commitment, together with copies of all 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 Graziani 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 "Owner's Closing Documents"): (a) Warranty Deed for the Graziani Exchange Parcel; (b) Closing Statement; (c) Affidavit of Title pertaining to the Graziani Exchange Parcel; (f) A Satisfaction, Release, or Termination from the holder of each mortgage or other lien open of record encumbering the Graziani Exchange Parcel; {g) 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 8.6 below); and (i) Such other documents as the County or title company deems necessary or appropriate to clear title to the Graziani Exchange Parcel. B. County's Closing Documents. At Closing, the County shall deliver the following closing documents to Owner, properly executed and in a form approved by the Collier County Attorneys Office (the "County's Closing Documents"): (a) Deed (Sec. 125.411, Florida Statutes) for the County Exchange Parcel; (b) Closing Statement; and {c) Such other 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 application and receive approval for a Lot Line Adjustment, pursuant to Collier County Land Development 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 the application for a Lot Line Adjustment is not approved and neither party shall have any further claim against the other. D. Additional Closing Documents. Following the Closing, the parties shall execute any and all additional documents as may be requested by Owner, the County, or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties. 5. CLOSING COSTS AND DEDUCTIONS. [22-ECM-02761 /1818156/1 ] Page 2 of 7 9� Exhibit C A. Owner's Closing Costs, At Closing, Owner shall pay (i) all recording fees to record the conveyance instruments and any affidavit, trust certification, release, lot line adjustment instruments and/or affidavits, or curative documents required to clear title to the Graziani Exchange Parcel or the County Exchange Parcel; (ii) any state documentary 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 4.0 of this Agreement; and (ix) attorney's fees and costs for Owner's attorney. B. County's Closing 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 ADVERTISEMENT AND CONTINGENCY. Owner shall pay the full cost of publishing, once a week for two consecutive weeks in a newspaper of general circulation published in the County, a notice setting forth the terms and conditions of this exchange of property in compliance with Section 125,37, Florida Statutes. If 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 initio and neither party shall have any further claim against the other. 7. INSPECTIONS. A. Inspections. Following the date of the parties' execution of this Agreement, Owner shall have the right, c, 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, appraisal, environmental assessments, engineering studies, soil borings, determination of compliance of the County 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 County Exchange Parcel caused by such on -site inspections. Likewise, following the date of the parties' 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, engineering studies, soil borings, determination of compliance of the Graziani Exchange Parcel with applicable laws, and the like. Owner shall 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. Right to Terminate. Notwithstanding anything in this Agreement to the contrary, Owner's obligations under this Agreement to acquire the County Exchange Parcel are contingent upon Owner's satisfaction with the County Exchange Parcel, including, without limitation, as revealed by its investigations and inspections as set forth herein. If, prior to the Closing, Owner identifies 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 Graziani Exchange Parcel, including, without limitation, as revealed by its investigations and inspections as set forth herein. If, 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 [22-ECM-02761/1818156/1] Page 3 of 7 O .2 O Exhibit C 4 of 19 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 County -Owned Property. Owner recognizes 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. 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 this exchange of property will result in the County owning a 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. 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 property 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 configured 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 property 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. Immediately after the closing, a Declaration of Covenants in 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 REPRESENTATIONS AND WARRANTIES. 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 fulfill Owner's obligations under this Agreement and the Owner's 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 execution 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 Graziani 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 Is prior written consent, which may be granted or withheld in the County's sole discretion. (e) No maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Graziani Exchange Parcel shall remain in effect as to the Graziani Exchange Parcel following the Closing, [22-ECM-02761/181815611 ] Page 4 of 7 O� J Exhibit C 5 of 19 (f} There are no governmental proceedings or investigations of any kind, formal or informal, civil or criminal, pending or threatened, that may affect the Graziani Exchange Parcel or adversely affect Owner's ability to perform Owner's obligations under this Agreement. (g) 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 Parcel; 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 Owner's conveyance of the Graziani Exchange Parcel to the County and no real estate sales commission is due. 10. COUNTY'S REPRESENTATIONS AND WARRANTIES, The County makes the following representations and warranties on the date of the County's execution of this Agreement, and shall be deemed 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) 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 Owner's prior written consent, which may be granted or withheld in Owner's sole discretion. (e) No maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the County Exchange Parcel shall remain in effect following the Closing. (f) 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. (g) The County 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 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 knowledge of any existing or threatened environmental lien against the County Exchange Parcel. [22-ECM-0276111818156l1] Page 5 of 7 �b,� Exhibit C 6 of 19 (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. I I. DEFAULT; REMEDIES. If 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 thereof from 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, including 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 Agreement, or in any of the Closing Documents, if untrue; or (ii) Owner's failure to perform any of Owner's obligations under this Agreement, irrespective of whether the 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 mailing. 13. GENERAL PROVISIONS. A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, executors, personal representatives, successors, and assigns. B. Assignment. 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 Agreement. This Agreement constitutes the entire agreement of the parties as pertains to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. D. Amendments. All amendments to this Agreement must be in writing and signed by both parties. E. Time Periods. If any deadline or expiration of any time period provided for hereunder falls on a Saturday, Sunday 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 Closing, including, without limitation, representations, warranties, and indemnity obligations, shall survive the Closing. G. Severability. If 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 effect. 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. I. Governing 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 solely in the courts in Collier County, Florida, and the parties hereby agree to said venue. [22-ECM-02761/1818156/1] Page 6 of 7 v Exhibit C 7 of 19 IN WITNESS WHEREOF, the parties have executed this Agreement on the uaic5 niuicaiea Deiow, effective as of the later of such dates. Date: LJ�` 2023 Date: Fe17., 13tE'r, 202� ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court & Comptroller By: ,Deputy Clerk Approved as to form and legality; r� s `'-�]i Derek D. Perry � ,'��;_.� Assistant County Attorney 4 i OWNER: C:�vi t . ONEN GRAZIANI ` LEEANNE GRAZIANI THE COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chris Hall, Chairman [22-ECM-02761 /1818156/1 ] Page 7 of 7 Exhibit C COASTAL Exhibit A ENGINEERING 1 of 2 CONSULTANTS INC. PARCEL 517CONV 8 of 19 Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www,coastalengineering.com 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 COUNTY, FLORIDA. THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO, LB 2464 00 IN./ r w0pc e.NsEirf IS, , Digitally signed by Richard J r:' F':. Ewing = �:LI I No. ''•t DN:c=US, o=Florida. jo * L: dnQualifier=A01410000000184C '$= 4118C310004E891, cn=Richard J Ewing Date: 2023.04.0506:36:21-04'00' 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: ''-8a31 Bonita Crossing. filvJ . Bolula Springs. I'I ?-tl �� ?+tP_h Phone (_'3`Ji G.J?-_; '-t • I a� t? +`Ji c>a i-I I !S I -Wool mlitu�ccill Cum CAo Exhibit C 00 11) of N Cut o '— CU m S o C)Z m W W 0 v Z FC6 0 w a Fr -`�� d WO z z 9 a O Q O � a b w j <� r-an. 00 DQ rno�i 6 ZmZw Z ffJJ r�?o QN O O O (V RZ!Y n I� .. N� J N O <�a 00 Q=0m� T. cnap aV 0wCl OOw W Z II �? Z j p. > W H p oo� 0m wN >j¢��0w QJ Z�4"1 ZZ ...�..!+}A Z JLLOx�Q O U � a Z C7 � i g'• + Q � cn u�� WD; "^:ih .pw�Zcn� ma Jm ',,:��UO�pv3. a z Q o cn oI0pl-Ww a aW ¢p vz�U 0a0tit (/) ZU > i Of O Q f U. oN w pp UJ D az ~ w z 0 (Q O� <oj zco LLQ ...,� JU)LIJ Ospa 10 i< s ,p O Q z w 2 0 N N U UZ ° m K X W = 1— M En W W W m Y Cho Jw J aim !n r w �J w co LL) r m C)P Fa C) ui = it c� o Q w r ao�a ao Z AVPA d0 iHO18 .9M o w Q a8dn31nos dadeaee ViNds 900,091, Z M4100AXos g o -- a L I D Z w 2 a I ( W Z Z O w w O LL r i w w ° U 4 J 5� t o o �Hs `-on _ zz o a 0 o v oa r z 00 o I a o m �m W 00 Lfh� Oco 2�=� (COn OOa Z aws `-'Mw coW Ithhh� Z TMO O r� {—L� w �F..a 2 C) Qz� I Qz U) �LLI Z)0 o I �:—< 0 T Z m Do0 co > 0 ~ cn Z (D S z w o o Uo� cq o LLJ� o 0 I��w oo YOB GNU w o1�fn SO 0 Q r � l'0 w m ti O � :?wzF ^E E, U 00 ac W�Q DLahe @ a`p e I I FAN I ;off! o o =<� pMo i I oco 6Oi OloL'? w I m � o v�� I I U�� �5 XZ)o I con � o �Z0 c � limitI r ~= <uj x. UlZ_h a uoyu bqj 6zoz �I owo. M I I _N_El I U 1 D 1 "=4 COASTAL ENGINEERING CONSULTANTS INC. Exhibit B 1 of 2 PARCEL517FEE Exhibit C 10 of 19 Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www.coastalengineering.com "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 S8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA LESS AND EXCEPTTHE WEST 364.66 FEET THEREOF. THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 2464 •E'Nsfy/N�, Digitally signed 6y Richard J Ewing F `� = DN: c=US, o=Florida, No. 9195 dnQuali(ier=A01410C00000184C41 rtrt�= 18C310004E891, cn=PichardJ 9TAFE OF a� d; Ewing °" _..._1.0''0 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: 284� I Bouna 1'russmg.c Rhd _ liunrta �prnit.. 1 ! �ll.+� 7t1726 Phone 1239) 64;-Z.'d • lay I';'�1(+�:-I td.'. I' I I North kmt�c :1�'c . Suni E. Dcnhant Springs. 1.�\ 1 -uunl ml����ccrilluuu a a Exhibit C X W Qm�.� o0 Z� w€g pO< �z v� W Qz z Iz-r^ a w0 O Q� a d < jLLw tj H < a F co o �Q �LL4�g � 3��d$ZmzZ^ o O a) tv7' G p �a 00 cl N N p>UOOm 0 II �o J 0 a a�� >Z1:(n Z Wrow a:- p0 �< wQ�WOW co UJ Oz ww zg�LLo �TFM a cn �� O wDI t, ;yIt OW Zoo co< Jm t;tca t g� a ga ''Qwo>oz0 s az L}LI ap VOmpt-=WWEmw - << O� OU< O (n z( U > 0LL �du. ZPo is 3 Almb 9 N LU 0 W LU a OchZ oU) Zmm Q gg J � � Q It Qzw = O �v U Z a Z m = W V) i LU Y J u C/) w60 w U't'oU <a wi Q ~ aoW)d �o z z� AvM z1O 1HOW ML _ _ W w M, oo,zesoos _ I I z 0_ I I CO � ;0 w w ` W 00 LL I w b y p O 7¢ I I O 'r tl) O w t _ Z O< o I ago J < v z Oo m aJj oo aoo w T 0, o w W _ppp �mw it N I 000 Z Uti^ fn �Oa Z dLu< F Ma W I z� Q H�ix �� a QZU"U I 0- 4ZZa w> v z i w w z LL~o� F O u iD =iw udw cn Y0o (nv W b I ¢ o n F ��O n to o =< O ate^ 0 cn d c wiry�r co uj 3'n AA q -off WOW h 00o i I o mCD o?g co w ( a v�� I I co M LU o UQ�D <Do i cn �a'j0 I F-co > zz 8X as a ow�WJ ZS Ll zZ) o b p�pz0� CI UWU? �crc I \((UUIIII � Is�E* t cr t E oar Exhibit C 12 of 19 EXHIBIT "C" [of the Property Exchange Agreement, Exhibit "C" of the Board Resolution] Declaration of Rest�ictive Covenants Exhibit C 13 of 19 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF COVENANTS (hereinafter "Declaration") is made 2023 by RONEN GRAZIANI AND LEEANNE GRAZIANI, husband mailing address is 2861 Santa Barbara Boulevard, Naples, FL 34116-7431 (collectively, RECITALS: A. Collier County, a political subdivision of the State of Florida (hereinafter, have entered into a written property exchange agreement dated this _day of and wife, whose "Owner") "the County") and Owner ("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 "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 benefits 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 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 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 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 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. In 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 of this Declaration. Furthermore, prior to the entry into a landlord -tenant [22-ECM-02761/1818158/1 ] Page 1 of 2 Exhibit C 14 of 19 relationship with respect to Owner's Property or any part thereof, Owner agrees to notify in writing all proposed tenants of Owner's Property of the existence and contents of this Declaration. 5. If 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. IN WITNESS WHEREOF, Owner has executed this Declaration of Covenants as of the date first above written. c Date: ) 2023 OWNER: QNA RONEN GRAZIANI k`-- LEEANNE GRAZIANI STATE OF FLORIDA COUNTY OF �j I I The foregoing Declaratio of Covenants was acknowledged before me by means of physical presence this ` I\day of i�CtULAL%'C� 2023, by RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife, who: are personally known to me; OR V produced 9a driver's license, OR ❑ _ as identification. •Y •I . �'�' JENNIFERMCCA-FREY ®i Notary Public State or Florida Commission ; HH 465859 My Comm. Expires Aug t 7, 2025 (affix notarial sea! 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 Sigha ire of Notary Public Ic. M Cf Printed Name t Serial / Commission (if any): � My Commission Expires: �' r THE COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Rick LoCastro, Chairman [22-ECM-02761/1818158/1] Page 2 of 2 COASTAL Exhibit A ENGfNEERING 1 of 2 :CONSULTANTS --- INC. PARCEL 517CONV Exhibit C 15of19 Coastal and Marine Engineering Environmental and Geological Services Land and Marine Survey and Mapping Website: www.coastalengineering.com 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 COUNTY, FLORIDA. THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION N0. LB 2464 `,�,`��Jw4..E.N Ey.� � Ulgitally signed by Richard J ����� °p',�c%; Ewing ?,r( a°• "�� '•.t= DN: c=US, o=Florida, ' + ° dnQualifier=AOl410C00000184C =Q`•• srsTe or .�' 4118C310004E891, cn=Richard 1 =;;��� roe �o�*; f Ewing l a�':�;d�iclti-,.�` Date: 2023A4.05 06:36:21-04'00' 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 N0. 21.289 DATE OF SIGNATURE: '_3=131 I3unita ('rus:ings lilt'd , [3oni(a Spring,, FI 311 i� 707�6 I'Inatc I_'?r)) 6 13-232-1 . I as 1719) (i-43-I I-13 1? I I Nortlt Rnngc t�1'i ,Suite f:. Drnitam Sprine. L.i\ Phone 13251 >?�-7�1U+ li-nmil. info-riicccill.�um SE.i?V;NG COASTAL COh9MUN117ES SING(= 1977 Ob Exhibit C Zm w mwy� C)SvY d Zo �f 9 _ z zz a.U�11a` Q �Oi a V LL JO 9LLo�o pa "o lv ZrnZO< u a s zN _.Do NUr C:) O iN [Y G 1: 3 8 Q `n - O C:)M Q 00 •CY cn Q❑ w N o US oaomn' 00 W W 2 U` �- ?• z2tnQ � z� a?wE pw -� 00 w� ��<�uWiOr? C)U �Q z U� � a`6`WZ�~Qpz d 03 F cn m Q Q ,1w,.,., pU) Q �j W LL F. aQ d Hp QW 0< (f)0 ZO0~QO 0W ¢OwLL�U C) CO z U)i U > ULL azzj0P ' u. U) 0' r '3 W e - CD W o ae N O W OcnZ co Q N Zm� Q x Q z W 2 O oY N AEU UZ o� X W <W (0 um �° z10 W W r Y �U W J W J Wm W �o U °eU ra' M o p wr Cl l ° Q r d CDa 0o Z z mo AVM :1OlH`JIH 90t MdVA31no8 "vmio S — — — — — — — — — — — — — ve VIN` S — ,00 oeG z 0 M„OO,Z£o00S ¢ o ----- --- ----� r--- --------- --- � trim I U' rs z o- I I m z I ID i Z o W 1 Q J O v v 111JJ h o ,ILL W °U w O O p 4) (n p j)fz ° .t o I 0)C u0Q z Oo �I a �O �00 o 00 0 9W W Oc 0 z =Oz a o a _aHZo�W Qz� � I Uzi Wd ��o o I �� ❑ z ~ LL 0 > ~ 0 00 u Z E° = z w O 3o �.w I C) co 0o WpO O Y U o>r W �� y�(n a0 J�Q o t Un o N W O U � � CO °' >„ m�= U) Uzi act a IL ( ware ��� aLLAE QOL CD O � Ooo I I o� rno0 os� Mw I 1 �� F �a o° a U— I I~' S5 U Q Z U Y <�O W w a 31 ZZ u^ m`^ 0 �-I � b QU' zLj g Od KI �wu ra Qi �� mw I Z I NZ om sex* , cF t Exhibit C Exhibit B 17 of 19 1 of 2 COASTAL Coastal and Marine Engineering ENGINEERING Environmental and Geological Services Land and Marine Survey and Mapping CONSULTANTS Website: www,coastalengineering.com iNC. 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 364.66 FEET THEREOF. THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND. COASTAL ENGINEERING CONSULTANTS, INC. FLORIDA BUSINESS AUTHORIZATION NO, LB 2464 ,'o@P� � E';,•S kiy.,, Digitally signed by Richard J Ewing p' c=US, o=Florida, #00 Nu-Si95 '.*' o * _ dnQualifier=A01410C0000018gC4) g . ale 18C310004E891, cn=Richard J f61ATE Of Ya Ev+ing "'�.`,'Fo�'••�•�,;a,�° Date: 2023.04.0506:36.'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: 2Rq? I ilUllla Crosin,�a RIB J . B,mi(a Springs, Fl. 3-113� I_ I i Minh Range ;\vc , tiuilc 1'. Drnham Spriug;. L,\ 70TG I'honc ('-3r1i 64?-',3d • Ia� i2391 (iq+-i 14; i'hnne L'-?71 �3-7-4U3 I' -mail: inib ri tecilL,:om SF_RVIiJG COASTAL COMMUNITIES StNCF 1977 Exhibit C z x W a z5 €$ z po vfo a ¢� Z ~z J t I od wom o "w p�Q¢a a 0p vpiN ab m3 zrnz�Q N N o> U= �°55, C7 OOwt�i Z II J O H S o v m o z= U Q O r LL Z Q > H~ p o CD .. J Z z W y",o ;,. Z�LL O�>Q 8 Z t g a IxQ< z C7-fm`. S �g� �Z ofn W� _O zCQ1441�' WOwsZV) a0 Q mull = i= coLJ 0In 3 $ K >� W FLZ> vN� i LL> O z W ca~UJ d a � I¢0aozP> 0LL i �oZWN W Op W w F z p C/J J(n H O I— a r a QZW MT V WRU U Z o� W6= W M zW ZmF. Y '� W J W J m Q'ED co)C3 w= o Q LL dowted o ?° AVM JO IHOIN AI — — — w � CIHVA3inoe v Nvauv8 b1N` S Z— ,00'08l z M OO,ZEa00S a _c~im —- --- ds _ w z a- z 0z I LL w L4 z8 Ir w r`�y o p Six I or. o imam o Q oa 0o uooi I CD 0 oy W Q m o� p W O LC {—oa co a W I oo Z UCm �Cf)0 z a o Iz o UHa �s� LLOou Cl) td z I fO > �&� yywpoo ou w C" a ENao u to W, M) CD��� O O 3u? p�88 I W °ok CD tea: a5 co WUr= c�a 2W= S, oow" iaz p F i �Mw I I �m rnM� g�� o z F" F D U t= D �UZu C) �Z� :3o I cn ��g ~ �I z z m 0 of �W= io Z qz & c4wt�)z <z bI =N i sZ R7C 1 R 1 F F ]I Exhibit C 19 of 19 EXHIBIT "C" The No1-th 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 Exhibit "D" Exchange B efore and After [22-ECM-02761 /1818159/1 ] __ i a loop % ;t �* 1. a As COUNTY PROPERTY ' mez lj Ilk Im GRAZIANI PROPERTY NILlee _ S• - t - - i, >No all %•.-�%i `' -+ ems,. `wf lot r . g, r } ell le Y .31 le AM u71 ra 'i. . ►. ,� ... rW _ GRAZIANI L�"` COUNTY me,'�` ~ PROPERTY.._PROPERTY Olt f� Ile 17 VL �. k } - '�� +` i F wr44 Are w K CLI C Coo Uk .o o r V ti �OLLrER ('nrrvTv.�'�4�F• Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 Phone: (239) 252-2646 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Marty Rustin, who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, Graziani Property Exchange was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 01/29/2024 until 02/14/2024. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. (Affiant Sign ture) % �t;Affiant Printed Name) �; 'Swam to and subscribed before me this 02/14/2024 Crystal K.--Kinzel-Clerk,.of the Circuit Court & �?=Compf�ol* - Deputy Clerk Signature -- (Deputy Clerk Printed Name) ate NOTICE OF PUBLIC HEARING REGARDING AN EXCHANGE OF COUNTY -OWNED PROPERTY Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on February 13, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXCHANGE OF 1.51 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 RELATED LOT LINE ADJUSTMENT. and, in accordance with Florida Statutes section 125.37, notice is hereby given that the Board of County Commissioners of Collier County, Florida, shall consider the following terms and conditions regarding the exchange of property: THE EXCHANGE OF COUNTY -OWNED LAND, BEING A 1.51 ACRE PORTION OF THE NORTH 180 FEET OF TRACT 109, GOLDEN GATE ESTATES, UNIT NO. 30, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR LAND OWNED BY RONEN AND LEEANN GRAZIANI, BEING A 1.69 ACRE PORTION OF THE SOUTH 150 FEET OF TRACT 109, GOLDEN GATE ESTATES, UNIT NO. 30, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN THE AFOREMENTIONED PLAT. THE EXCHANGE WILL BENEFIT THE PUBLIC FOR PUBLIC USES INCLUDING RIGHT OF WAY, A POND SITE, AN EMERGENCY MANAGEMENT SERVICES STATION OR PARK & RIDE FACILITY. MONETARY COMPENSATION OF $28,000 SHALL BE PAID BY RONEN AND LEEANN GRAZIANI FOR THE EXCHANGE. A copy of the proposed resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. Additional information (including legal descriptions) regarding this exchange of property may be obtained by contacting Robin Goldsboro, Right of Way Acquisition, Transportation Engineering Division at (239) 252-5880 or robin.goldsboro(i ,colliercountyfl.gov. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willigna,colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk Posted to notices.collierclerk.com on [01/29/20241.