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Parcel 251FEE/251TCE/251DE Project: Parcel: Folio: Oil Well Road #60044 251 FEE/251TCE/251DE Portion of 00227240009 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 19th day of December , 20-.illL, by and between BARRON COLLIER INVESTMENTS, LTD., a Florida limited partnership, whose mailing address is 2600 Golden Gate Parkway, Naples, Florida 34105 (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 County, at no cost, a fee simple interest in the lands described in Exhibit "A", attached hereto and made a part of this Agreement, together with that certain Temporary Construction Easement over, under, upon and across lands described in Exhibit "8", attached hereto and made a part of this Agreement, and that certain Drainage Easement over, under, upon and across lands described in Exhibit "C", attached hereto and made a part of this Agreement (said fee and easement properties hereinafter collectively referred to as the "Property"); and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed Warranty Deed, Drainage Easement and Temporary Construction Easement) is hereinafter referred to as the "Closing." 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 5. 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 Easements. 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 BARRON COLLIER CO FILE NUMBER 1(10<: 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, Declarant has caused these presents to be executed the date and year first above written. AS TO PURCHASER: DATED: ~2/l~#)tl " ATTE$J: . . :._' ~ DWIGHT 6: BROCK: .~ ~~> BOARD OF COUNTY COMMISSIONERS COLLIER C NTY LORIDA AS TO SELLER: BARRON COLLIER INVESTMENTS, LTD., a Florida limited partnership DOUGLAS E BAIRD By: Br~~~ Nat::f~~ Witness (Signature) SUSAN L. MATURO Nam.e (Print or Type) ( I [("J.eer'- LA. /j Itan ~. Witness (Signature) CAROLYN A. SHAW BARRON COLLIER INVESTMENTS, LTD., a Florida limited partnership NJe (Print or Type) !JJ .41l4tJt !fUi; JM) Witness (Signature) SUSAN L. MATURO Name (Print or Type) ....- , , B ',,- .~ //"1 /// y: --"';~<VJurn ( NV;;://7'/// Barron Collier III, General Partner Appr~ved as to form & legal sufficiency ()MX.~~ty~~ BARRON COLLIER CO FILE NUMBER II 2.0<)" r LEGAL DESCRIPTION AND SKETCH Fee Simple Interest Parcel No. 251 FEE (This is not a Field Survey) FEE SIMPLE INTEREST DESCRIPTION The South 60.00 feet of the North 110.00 feet of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range, 29 East, Collier County, Florida, being more particularly described os follows; Commence at the northwest corner of said Section 22, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right-of-Way); thence leaving said center line S 00'31'06" E along the west line of said Section 22 for 50.00 feet to on intersection with the existing south right-of-way line afsaid Oil Well Rood and the Point of Beginning; thence leaving said south line and continuing alang said west line S 00'31'06" E for 60.00 feet; thence leaving said west line N 89'19'33" E for 2644.83 feet to on intersection with the east line of the Northwest Quarter of said Section 22; thence along said east line N 00'51'02" W for 60.00 feet to on intersection with the said existing south right-of-way line of Oil Well Road, said point of intersection bearing S 00'51'02" E and 50.00 feet from the north One Quarter (1/4) corner of said Section 22; thence leaving said east line and aiong said south right-of-way line S 89"19'33" W for 2644.48 feet to the Point of Beginning. Containing 3.643 acres, more or less. Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89'19"33" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 29 East, Collier County, Florida. EXHIBIT It ~ / at~ LEQAL DESCRIPTION AND 8l<ETCH PREPARED BI' MoKJM&cAeeo. PA STATE OF FLOAlOA CERllFICATE Of' AUTHClRJzA'IlON No. l.B ll68Il. CUENT: COLLIER CO./ CH2MHILL SHEET 1 OF 2 ~^- ~ ,,..... ... JEFFREY M. snLL -1'AClFESsloNAL SlJRVEYoR AND MAPPER STATE OF FlORlOA REGlSTRAnoN LICENSE No. l.S ll388 PRO,JECT: OIL WElL ROAD DATE: WAIL 14, 2007 15241 ARC WAY FORT MYERs, FlORlOA. 330, 2 PHONE: (2311) 276-ll876 F'O><; (238) 271>-7029 FLORiDA CEFmRClATE OF AImtORJzATlON No. L.S _ INTERNET SITE: HTTP~tWWW.MCKJMCREEO.OOM , ; . ,~., ~ " . . , , " . ), .' ) , ,1 BARRON '?lJ L1ER CO BER -tt0.&.)-'---- LEGAL DESCRIP1l0N AND SKETCH Fee Simple Interest Parcel No. 251 FEE (This is not a Field Survey) NORTH 1/4 CORNER SECTION 2.2-48-29 P.1. STATION 62.3+67.55 NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 2.2.-48-29 ............ (EXISTING CENTER LINE , OF OIL WELL ROAD) 8241 ARC WAY . ~....-vn.I&CREED FORTMYERS,Fl.OAlOA.33l>'2 ~ y...- ~VJ. PHONE: (2311) 275-6876 Fo><; (238) 276-70211 FLORIDA OER'l1F1ClloTE OF AVTHORlZATlON No. LB tlC586 1M'ERNEr BITE: HrTP11WWW.MCl<JMCREED.OOM " P.O.C. NW CORNER OF SECTlDN 2.2-48-2.9 P.I. STATION 597+2.3.36 '-f S 00'51'02" E ~ 50.00' \l 1 N I - ro LO ro IT: o ....... o a: -I -I W 5 -I o w Z :J >- ~ I u.. o ~ :r: . 0 m- - n:: i:o :::: ... <0 ..;. N 0 ... Z to j:: N VJ X W 1 ~i <:C 3=11<> I 1 00 ~I~ I to I- N :r: o ~I 1 ~I 0, a.. 01 0:: a.. ~j7J ...::.. ~ ~ ....>... UJ z :::J UJ Vl < CD UJ >- . ~ '" '" cr: '" i1l .- m CD ~, , I I :;: IW 1<> I~ I") '" ,-- 1'-- O'l Ol 00 100 VJ IZ I 1 z ~j7J I I ~ r . \ r, L--..: S 00'31'06" E 50.00' P.O.B. ., N 00'51'02" W \ 00'51'02" W 60.00' EAST LINE OF THE NORTHWEST QUARTER SECTION 22-48-2.9 ..l ~ . , '20 0 120 ~ - , SCALE 11t _ 120' O.R. BOOK 2493 PAGE 2779 251 FEE EXHIBITL 3.643:t p.;;Z d~ A~~%IMPlE INTEREST P.O.B. = POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R = RADIUS 11 = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY S 00'31'06" E 60.00' SECTION 22 SECTION 21 S 00'31'06" E SHEET 2 OF 2 CLIENT: COLUER CO./CH2MHILL PROJECT: OIL WELL ROAD DATE: APRIL 14. 2007 LLlER CO FILE NUMiilf'R "--Wd)'---'- LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement Parcel No. 251 TCE (This is not a Field Survey) TEMPORARY CONSTRUCTION EASEMENT DURATION ~ ~ YEARS. DESCRIPTION A parcel of land lying in Section 22, Township 48 South, Range 29 East, Collier County, Florida, being more particularly described os follows: Commence at the northwest corner of said Section 22, said corner lying on the existing center line of Oil Well Road (C,R. 858, 100' Right-of-Way); thence leaving said center line S 00'31'06" E along the west line of said Section 22 for 50.00 feet to an intersection with the existing south right-of-way line of said Oil Well Road; thence leaving said south line and continuing along said west line S 00'31'06" E for 60.00 feet to an intersection with the proposed south right-of-way line of said Oil Well Road and the Point of Beginning; thence continue along said west line S 00'31'06" E for 645.00 feet; thence leaving said west line N 8919'33" E for 53.50 feet; thence N 00'31'06" W for 645.00 feet to an intersection with the aforesaid proposed south right-of-way line of Oil Well Road; thence along said proposed south right-of-way line S 89'19'33" W for 53.50 feet to the Point of Beginning. Containing 34,508 square feet (0.792 acre), more or less. Bearings are based on the Florida State Plane Coordinote System, East Zone, NAD 83/99 being N 89"19"33" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 29 East, Collier County, Florido. EXHIBIT ;3 Pa~ / r:I~ lEGAL OEScRIPllON AND SKETcH PREPARED BY ~o, PA STATE OF FLORIQA aERT1ACATE OF AUTHORlZAllON No. L.B_. SHEET 1 OF 2 CLIEi'IT: COLUER co. I CH2MHILL 14t-./h~ JEFFREY M. sn1. ~ PROFESsiONAL SURVEYoR AND MAPPeR STATE OF FLORIDA REGlSlRAnON LICENSE No. LS 8389 !' ') PROJECT: aiL WElL ROAD DATE: APT1L 14, 2007 'I ',' . . M=I<lM&CREED I.... 8241 ARC WAY FORT MYERS, FLORIDA, 331112 PHONE: (239) 276-1187" Fex: (239) 275-7029 FLORIDA CERTlACAlE OF AllTHORlZATION No. LB B5ee INTERNET SITE: HTlJ>JMIWW.MCl<lMOREED.OOM '" ., " o , LEGAL DESCRIPTION AND SKETCH Temporary Construction Easement Parcel No. 251 TCE (This is not a Field Survey) P.O.C. NW CORNER OF SECTION 22-48-29 P.1. STATION 597+23.36 \ 01 P q N 88'57'40" E EXISTING RIGHT-OF-WAY LINE ... p q PROPO~EO RIGHT-OF-:jVAY LINE N 88'57'40" E r / P.O,S. I -{~ o o LO 'OJ- '" 100 o 100 ~ I SCALE " _ 100' w P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.I. = POINT OF INTERSECTION '" o ~ 1") o o UJ WEST LINE OF THE _ NORTHWEST QUARTER OF SECTION 22-48-29 ,~ N ~ z z o 0 1= 1= ~ ~ Vl Vl O.R. BOOK 2589 PAGE 1084 Oil WEll RD. (C.R. 858) S 00'31'06" E SURVEY BASE LINE 01 N 89'19'33" E 0 50.00' q S 00'31'06" E - 60.00' PROPOSEO RIGHT-OF-WAY LINE \ I - - N-89'9'33" E - - - ~ S 8919'33" W 53.50' I '" 't.. ...... ~ I~ I~ I , I 13; I~ I~ IZ 1 I 1 ~~ o r; o o Vl NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 22-48-29 (EXISTlNG CENTER LINE OF OIL WELL ROAD) en p q TEMPORARY CONSTRUCTION EASEMENT NO. 251 TeE (34,508:t SQUARE FEEl) TEMPORARY CONSTRUCTION EASEMENi DURATION '- :3 YEARS, O.R. BOOK 2493 PAGE 2779 EXHIBIT g p.~ d~ N 89'19'33" E 53.50' SHEET 2 OF 2 6241 AP.c WAY .. ... rvn. I&CREED FORTMYERs, FLORIDA, 33912 J.vrAl1.VJ. PHONE: (23ll) 276-8875 Fo>c: (23Q) 27&-7029 FlORIDA CERT1FIDATE OF AlITHORlZAllON No. t.S_ INTERNET SITE: HTn>~.www.MC1<IMCREED.COM lto. CUENT: COLLIER CO, I CH2MHILL PROJEGr: OIL WELL ROAD DAlE, AP11L 14, 2007 ~ , LEGAL DESCRIPTION AND SKETCH Drainage Easement Parcel No. 251 DE (POND 12) (This is not a Field Survey) DESCRIPTION A parcel af land lying in Section 22, Township 48 South, Range 29 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 22; thence N 89'19'33" E along the north line of the Northwest Quarter (NW 1/4) of said Section 22, said north line also being the existing center line of Oil Weil Road (C.R. 858, 100' Right-of-Way), for 1145.00 feet; thence leaving said north line S 00'40'27" E for 110.00 feet to an intersection with the proposed south right-of-way line of Oil Well Road (C.R. 858) and the Point of Beginning (said proposed right-of-way iine being parallel to and 110.00 feet south of, as measured at right angies from, the said existing center line of Oil Well Road); thence continue S 00'40'27" E, leaving said proposed south right-of-way line, for 1103.00 feet; thence N 89'19'33" E for 584.00 feet; thence N 00'40'27" W for 1103.00 feet to an intersection with the said proposed south right-of-way line of Oil Well Road; thence along said proposed iine S 89'19'33" W for 50.00 feet; thence leaving said proposed line S 00'40'27" E for 399,00 feet; thence S 89'19'33" W for 484.00 feet; thence N 00'40'27" W for 399.00 feet to an intersection with the aforesaid proposed south right-of-way line of Oil Weil Road; thence S 89'19'33" W along said proposed line for 50.00 feet to the Point of Beginning. Containing 10.354 acres, more or less, Bearings are based on the Florida State Plane Coordinate System, East Zone, NAD 83/99, being N 89'19'33" E for the north line of the Northwest Quarter (NW 1/4) of Section 22, Township 48 South, Range 29 East, Collier County, Florida. EXHIBIT C ~/ d~ LEGAL. OESCRIPTION ANO SKErCH PREPAREO BY MOI<lM&CREEO, PA STATE OF FLORIOA CERTIFICATE OF AU1HoRlZATION No. LB 65BS. SHEET 1 OF 2 CLIENT: COLLIER CO. / CH2MHILL ,. 4Yrt-, A. ->f~ JEFFREY M. STILL - PROFESSIONAL SURVEYOR ANO MAPPER STAiE OF FLORIDA REGlSTRA110N LICENSE No. LS 6389 PROJEOT: OIL WELL ROAD : ,-,,', '. '. '~'\ 1\ ' -. ~ . '\. _ "1'1 "1' II" ,) ; . (' ", \ . . , ; ~'J:. ! l., I '.. i:{::/:~;:::\I\ .' < 11, 0_ . " . '.':.';/~)~j. ; :.~ " .' '. " . " '" . . < ~to _' . . t '.,' 1\': \~'..(. . ~,' . t, . . OATE: APRIL 14, 2007 ~ 1vH<IM:&CREED ~ 6241 ARC WAY FORT MYERS, FLORIOA, 33912 PHONE: (239) 275-6675 Fax: (239) 275-7029 FLORIDA CEAllFlCATE OF AUTHORIZATION No. La 8566 INTERNET SITE: HTlP:/MiWW.MCKIMCREED,COM , '.'~'L" SCALE 1" = 150' SURVEY BASE LINE . N 89'19'33" E N 89'19'33" E 584.00' '0 o 'I N 89'19'33" E I LO LO 1145.00 I -----1-____ ---------I---~ISTTNG RIGHT:::OF-WAYLINE I. '0 I I 0 <D N 89'19'33" E CD ----------- ---- PROPOSED RIGHT-OF-WAY LINE LEGAL DESCRIPTION AND SKETCH Drainage Easement Parcel No, 251 DE (Pond 12) (This is not a Field Survey) P.O.C. NW CORNER OF SECTION 22-48-29 P.J.STATION 597+23.36 NORTH LINE OF THE NORTHWEST QUARTER OF SECTlON 22-48-29 (EXISTING CENTER LINE OF OIL WELL ROAD) 150 0 h - I OIL WELL RD. (C.R. 858) S 89'19'33" W 50.00 I! SOO'40'27"E SOO'40'27"E !I 110.00' 110.00' I en en It') t')1 1 1:= .wl I r-. ~ I~ bl '<l- . 1 18 81 0 Vl ~I z L --- -1 ~ --- ~I S 89'19'33" W 484.00' EXHIBIT C I p.;;2. d~ I 1 @1~ 1 (POND 12) ~I 10.354+ N ~I ACRES 0 ~I O.R. BOOK 2493 PAGE 2779 P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS l:. = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS B.O.S. = BEGINNING OF SURVEY 1 1 1 L ------ - O,R. BOOK 2493 PAGE 2779 - N 89'19'33" E 584.00' 150 I 3: I 't0o !'io en . I ~o mLO CO I. Vl 0 I~ t') en ~ '<l-en I~ Nr-. r-. ~N 1 0 OW lIJ(!) <l: I riD.. c:i 1 13: I~ N I~ 0 Iz I 1 1 -V SHEET 2 OF 2 . 1vR<IM:&CREED CLIENT: COLLIER CO. I CH2MHILL 6241 ARC WAY FORT MYERS. FLORIOA. 33912 PHONE: (239) 275-6675 Fax: (239) 275-7029 FLORIDA CERTIFlOATE OF ALTrHORrZATlON No. L8 8568 INTERNET SFTE: HTlP:IIWWW.MCKlMCREEO.COM PROJECT: OIL WELL ROAD DATE: APRIL 14, 2007