Cirrus Pointe Partner Agreement
PROJECT: 511341
FOLIO NO.: 61840560008
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this II day of H14L-ckt , 2008, by and between CIRRUS
POINTE PARTNERS, LLC, whose mailing address is 15544 Monterosso Lane Unit
102, Naples, Florida 34110 (hereinafter referred to as "Owner"), to COLLIER COUNTY,
a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami
Trail East, Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual,
non-exclusive access, drainage, and maintenance easement for the purpose of
constructing, operating, and maintaining drainage structures and facilities, including but
not limited to canals, ditches, swales, earthen berms, rip-rap and retaining wall
systems, underground pipes, and various types of water control structures within the
easement area. This easement includes the right to remove and use any and all
excavated material and to construct and maintain a stabilized roadbed facility capable
of providing access for vehicles and equipment thereon and adjacent thereto, over,
under, upon and across the lands described in Exhibit "A" (said easement hereinafter
referred to as the "Property"), which is attached hereto and made a part of this
Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Property to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Property requested by County.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to County, in a form acceptable to County and at
no cost to the County, unless otherwise stated herein. Said conveyance (Owner's
delivery to County of a properly executed easement instrument) is hereinafter
referred to as the "Closing."
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida. Owner shall
provide such instruments, properly executed, to County on or before the date of
Closing.
4. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within ninety (90) days from the date County executes this
Agreement; provided; however, that County shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting County's enjoyment of the Property.
5. County shall pay all fees to record any curative instruments required to clear title,
all Easement recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement.
6. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
7. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
8. This Agreement is governed and construed in accordance with the laws of the
State of Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED: (\')"....~. II 'JN1<;1
\~
c' '. c,t-
ATTI;:ST:,
DW1GKT E. BR
- --,,'"
.
BY:
Att. n't..~r' uty Clerk
s 1 \III.t.... 0111. -, .
Tom Henning . Chairman
AS TO OWNER:
CIRRUS POINTE PARTNERS, LLC
a Florida limited liability corporation
DATED: /~-/q-D7
~\.,~~ '^,. ~"lv- ~"v.~
Witness (Signature)
By:
ignatu e)
----r -r-----
Name: 0AA-/w '-.J. rIElA')
(Print or Type)
Title: )vIA AfJf{;&re..
(Print Title) 1"('0""<1.1'''1 I'YLtrYl..........
Approved as to form and
legal sufficiency:
~~ .L.-/ ~-~
eidi F. Ashton
Assistant County Attorney
,
I
[
I
,
I
I
I
I
I
I
I
I
I
~--------------------~---------
I '
I
I
~I
~:
~:
~[
~I
'::C: I
i:C\1
I
I
I
I
I
I------~------------------------
~l'
l,~
I.',
"
"
u:
,',
r
"
"
-,
~
"
"
f
~
"
:~
,
n::
'"
;~
L.'.
,:
<'
~
c
,.,
0'
',1'
EXHIBIT ~
Page I of
L,j
""'~
-
""b5
~~
(;:lCC
Vi Vi'
~c:,
::::5'"
~~
C/);(
l;5~
i2
,
O' 50' 100'
SCALE: I' = 100'
LOT 10J
NAPLES GROVE AND TRUCK CO's. umE FARMS #2
50.0'
""-<
c:i
~
~
, ~
l:)
~
~ &S
~
~
~
~
50.0'
,
l:)
~
,~
C')
50;00'
THOMASSON DRIVE
LEGAL DESCRIPTION
DESCRIPTION OF A DRAINAGE EASEMENT:
THE EAST 50.00 FEU OF THE FOLLOWING DESCRIBED PARCEL:
LOT 103 NAPLES GROVE AND TRUCK CO's. LITTLE FARMS #2 ACCORDING TO THE PLA T THEREOF RECORDf(} IN
PLA T BOOK NO.1, A T PAGE 27A, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 16500 SQ FEET, MORE OR LESS.
, NOTES:
t: THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF RECORD.
2. DIMENSiONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
Q. GRADY MINOR AND ASSOCIATES, P.A.
CERTIFlCA TE OF AUTHORIZA TlON NUMBER L.B. 5151
SIG!f/r;{j'",;J~,:,:..C:O ;0 '7
{j,~/' "-->!:;~;C'",,, ,
,
1:
~
/' , .
.~, * THIS IS NOT A SURVEY *
","-.-:-.
'.....~.
,.
, P.S.M. #6408
STA T[ OF FLORIDA
;-
"
.~
"
,'i'
Q. CRADY MINOR AND ASSOCIATES, PA.
CIVIL ENGINEERS. LAND SURVEYORS' PLANNERS
3800 VIA DEL REY
BONITA SPRINGS, FLORIDA 34134
JOB CODE: CCU27 SHEET: 1 OF 1 DRAWN BY' RKP
SKETCH AND LEGAL DESCRIPTION
DRAINAGE EASEMENT
SCCr.10N 14, 7'OJI'NSH.1P 50 :SO[/'!'H, RANCC .85 CAS'!'
COU.1CR CO[/N'!'Y, FLOR.1j)A
PHONE.' (239) 947-1144 FAX.' (239) 947-0375 DATE F ' ,
CERTIFICATE OF AUTHORIZATION NUMBER LB 5151 : 'EBRUARY, 2007 DRA WING: B-3320