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Folio #'s 61833920105, 70820320000 & 70820280001 PROJECT: 60094 — Kirkwood Avenue Extension Phase II PARCEL(s): 105DE/TCE, 106DE/TCE, and 107DE/TCE FOLIO(s): 61833920105, 70820320000 & 70820280001 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of \Ao\rcArl-,\L'eyr— , 2017, by and between SOUTHERN REGION DEVELOPMENT, LLC, a Florida Limited Liability Company whose mailing address is 364 Edgemere Way N, Naples, FL 34105 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Drainage Easement over, under, upon and across the lands described in Exhibit "A" and a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "B" (hereinafter collectively referred to as the "Easements"), which are attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easements 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 Easements 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. RECITALS - 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. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey the Easements 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 properly executed easement instruments) is hereinafter referred to as the "Closing." t'AO Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easements, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easements upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the Closing Documents, properly executed, witnessed, and notarized where required, in a form acceptable to County. 3. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instruments recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easements. County shall have sole discretion as to what constitutes "reasonable processing fees." 5. EFFECTIVE DATE - 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. 6. ENTIRE AGREEMENT - Conveyance of the Easements 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. 7. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. Page 2 of 3 C IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TOC U NTY: DATED: ov a2)2DI-1 ATTEST: BOARD o F ' • NTY COMMISSIONERS DWIGHT E. 'OCK, JerkCOLLIE" • • TY, FLORID, .,0 1' r BY: A ' as to Chairman's.Deput Clerk'+ PENNY TAgfOR, CHAJOAN signature only AS TO OWNER: DATED: p���/Jur, SOUTHERN REGION DEVELOPMENT, LLC, a Florida Limited Liability Co •_ Witrrss (Signature) JO 1116 ASKEY, JR, -mber Name ('rint or Ty•e ��- Witness is nature) c-c a 14...C4-cc- Name (Print or Type) Approved as to form and legality: '. W/VENIIIIL Assistan "ounty Attorney Last Revised 12/10/2014 Page 3 of 3 y p E'� PROJECT NO. 60094 EXHIBIT PROJECT PARCEL NO. 105DE Page .Of .i I PARENT TRACT FOLIO NO. 61833920105 LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE EAST 65 FEET OF THE WEST 254.4 FEET OF LOT 29, NAPLES GROVE ANDRECORDED TRUCKIN COMPANY'S LITTLE FARM NO. 2, ACCORDING TO THE PLAT THEREOF AS PLAT BOOK 1, PAGE 27A OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 11 #4% ��°� .tV f ,-`moo r a st•I,tivo•,:,og.,..411....,,A ----,:rt.,,,,-,,:,,,.:-.4.,, 1 SOUTHERN REGION < DEV COMPANY O R 3272 PAGE 2,725 ,.J.,:;;;,,'i,,,,i',• .:;!,;',:.',.1,,,,,',:,,,,,,,,,,,,. . 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BOOK 3595, PAGE 1943, AND TOGETHER WITH THE EAST 85 FEET OF THE WEST 339.4 FEET OF LOT 29, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARM NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. r L. G � y�.�'' r y `, 7k 1 of SOUTHERN REGION DEV CO O.R.3272,PAGE 2731 j a; 3 '6:;,:,3,,,;',:::;;,..,:,: hT PROPOSED 15' DRAINAGE EASEMENT : �/ sf 3i ° is �r '....,,,':,...,":".,,,'•,::;:.:,...H. „ ems w •.................. r• `ra • s�� � - W E �; SKETCH NOT TO SCALE Collier County Growth Management Division-Transportation Engineering Department 06!14/17 2:41 PM 011:1 PROJECT NO. 60094 EXI4r91T PROJECT PARCEL NO. 107DE ...0.0012.."'. PARENT TRACT FOLIO NO. 70820280001 Page LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) PERPETUAL, NON—EXCLUSIVE DRAINAGE EASEMENT THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY: o LOTS 22, 23, 24, 27, 28 AND 29, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED IN O.R. BOOK 3595, PAGE 1943, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ‘ Tw4m a.r 7,, i/ c ':4,,,;,, y qw,fWww:, // � �/,C��a� ! F; ////i i �!! -"'''','"fii!'i ,,, s s � '. mss'' ;ii, a� 4 SOUTHERN REGION DEV COT O.R.1659,PAGE 1401 x f fie ' 4 i, :'%,7 • a fir. .. •':'''' A *. ' '''' , PROPOSED 15' • DRAINAGE EASEMENTp� / i1M AAAIAr NNrir IAI�• '� a.F 10", ' . . 1,;4,-E SKETCH NOT TO SCALE Collier County Growth Management Division-Transportation Engineering Department 06/14/17 2:43 PM CA Qr PROJECT JECT NO.PARCEL 60094 E�CHiBI _'T PRONO . 105TCE PARENT TRACT FOLIO NO.61833920105 Page �s of _� LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) TEMPORARY CONSTRUCTION EASEMENT DURATION: ONE YEAR THE NORTHERLY FIFTEEN FEET OF THE SOUTHERLY THIRTY FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE EAST 65 FEET OF THE WEST 254.4 FEET OF LOT 29, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARM NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 4t4 i3/2N^bY 96w k 'At 4 c X32 '' 9< �'�� 11.11031,•;;,t1'' . ' $ 1 3/ " SOUTHERN REGION DEV COMPANY .. O.R.3272,PAGE 2725 . E; Iyt y :F 4- 1 /F / � pY Sg 3€Ff /�/ '" I J PCONSTRUCTION EASEMENT .....\....„,,.....44.......,..,...:„..;44,!.., \ a /tzirn,,,,,„,,'05':wq,p:t,,‘--;A!,,,,,iii„,itt-,.....,,,„,,:::...:„....,.... ,........ 17 "---- ,,. r � v W�E SKETCH NOT TO SCALE Collier County Growth Management Division-Transportation Engineering Department 06/13/17 1:29 PM �.+Af• PROJECT NO. 60094 EXHIBIT-""1- PROJECT XHIBI 1PROJECT PARCEL NO. 106TCE �Of PARENT TRACT FOLIO NO. 7082032000 Page""""' LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) TEMPORARY CONSTRUCTION EASEMENT DURATION: ONE YEAR THE NORTHERLY FIFTEEN FEET OF THE SOUTHERLY THIRTY FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 25 AND 26, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED IN O.R. BOOK 3595, PAGE 1943, AND TOGETHER WITH THE EAST 85 FEET OF THE WEST 339.4 FEET OF LOT 29, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARM NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ,44,01 i fr SOUTHERN REGION DEV CO ,c O.R.3272,PAGE 2731 k N/ 1101 PROPOSED 15'TEMPORARY CONSTRUCTION EASEMENT f ,i _ N1� tiller �111��31M1rt f1YV�M ,n /. ... iy ,;� / N 5 S SKETCH NOT TO SCALE Collier County Growth Management Division-Transpo Cation Engineering Depa ment 06/13/17 1:35 PM PROJECT NO. 60094 EXHIBIT-- PROJECT PARCEL NO. 107TCE PARENT TRACT FOLIO NO. 70820280001 Page 3 of .& LEGAL DESCRIPTION & SKETCH • (NOTA SURVEY) TEMPORARY CONSTRUCTION EASEMENT DURATION: ONE YEAR THE NORTHERLY FIFTEEN FEET OF THE SOUTHERLY THIRTY FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 22, 23, 24, 27, 28 AND 29, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED IN O.R. BOOK 3595, PAGE 1943, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. aim t ' ii \�M� P5ii : n iotjk ; ori iligia it,�✓, �� i ffiY N SOUTHERN REGION DEV CO 1659,PAGE 1401 q a PROPOSED 15'TEMPORARY CONSTRUCTION EASEMENT N rl�w warfir, ,w �++. xer�r SKETCHent NOT TO SCALE Collier County Growth Management Division-Transportation Engineering Departm06/13/17 1:39 PM