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Backup Documents 04/13/2010 Item #16B 8ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1688 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the Item.) ROUTING SLIP Complete routng lines k I through 44 as appropriate tar additional signatures, dates, and/or information needed. If the document is already complete with the " ,— �f a,P lonzumrn drzw a Gne thrnueh routine lines 41 through 44_ comnlete the checklist and Ibrward to Ian Mitchell (line 45). Route to Addressee(s) (List in routing order) Office Initials Date Contact appropriate. (Initial) Applica ble) Agenda Date Item was April 13, 2010 Agenda Item Number 1668 2. signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Purchase Agreement Number of Original One 4. resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC 5. Ian Mitchell, BCC Supervisor Board of County Commissioners �I �!� 6. Minutes and Records* ffi Clerk of Court's Office I N/A *Please scan under Northbrooke /Valewood Dr. Ext. Project No. 60106 in the BMR Real Property Folder. PRIMARY CONTACT INFORMATION (Ihe primary contact is the holder o lhe original document pending BCC approval Normally the pnmary contact is the person who created/prepmed the executive summary. Primary contact information is needed in the event one or die addressees above, including Sue Filson.. need to contact start for additional or missing information. All original dncUlments needing the BCC Chairman's signature are to be delivered m the BCC office only after the 13CC has acted to approve the I'm ) Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252 -5843 Contact appropriate. (Initial) Applica ble) Agenda Date Item was April 13, 2010 Agenda Item Number 1668 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Purchase Agreement Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1 2h 05, Revised 224.05, Revised 7 31 .09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties exec t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final nenotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required, 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware ofyour deadlines! 6. The document was approved by the BCC on 04/13/2010 (enter date) 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. C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1 2h 05, Revised 224.05, Revised 7 31 .09 • � s • MEMORANDUM Date: April 15, 2010 To: Robert Bosch Right -of -Way Coordinator Transportation Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Project: #60106 — Northbrooke /Valewood Dr. Ext. Slope Easement Agreement — Parcel #10ISE Purchase Agreement — Parcels #101FEE2 & 101FEE3 Donation Agreement — Parcel — 10 1 UE Per your request you will find enclosed one copy of each document referenced above (Agenda Item #16138), adopted by the Board of County Commissioners on April 13, 2010. If you should have any questions, please call me at 252 -8411. Thank you. Enclosures PROJECT: Project No. 60106, Valewood Drive PARCEL No(s): 101 FEE2 and 101 FEE3 FOLIO No(s): a portion of 41931040004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this 13T4 day of APQ r , 20 10 , by and between FIRST CONGREGATIONAL CHURCH OF NAPLES, INC., a/k/a 1st CONGREGATIONAL CHURCH OF NAPLES, INC. , whose mailing address is 27761 Riverwalk Way, Bonita Springs, FL 34134 , (hereinafter referred to as "Owner"), and 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 "Purchaser"). WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property "), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. 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. The purchase price (the "Purchase Price ") for the Property shall be $775.00 (U.S. Currency) payable at time of closing, subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Property, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Purchaser shall also pay to Owner $1,500.00 as reimbursement for expenses related to legal fees, engineering review, and survey expenses. 3. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. At or prior to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies. Owner shall provide such instruments, properly executed, 1688 Page 2 to Purchaser on or before the date of Closing. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents "): (a) General Warranty Deed; (b) Closing Statement; (c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W -9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and /or title company. 4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. 5. Owner agrees to relocate any existing irrigation system located on the Property including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ( "Improvements ") located on the Property, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Owner acknowledges that Purchaser has compensated Owner for the value of the Improvements and yet Purchaser is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the Property, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform E* a 61 Page 3 all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchasers acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would adversely affect the physical condition of the Property or its intended use by Purchaser. (h) The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This Page 4 1 6 B 8 provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed 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; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien - holder or other encumbrance- holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Property is acquired under threat of condemnation. 10. All ad valorem real estate taxes due on the Property during Owner's term of possession, and all maintenance charges and assessments due from Owner, for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. Real Property taxes shall be prorated based on the current year's tax and paid by Owner. If Closing occurs at a date when the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 11. 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. 12. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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. No modification, amendment or consensual cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: 04-1?-20(O ATTEST: D)6aG,HT E. BROCK, Clerk Depp4 Clerk Atu4t as to e�+a r BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA } BY:� FRED W. COYLE, Chairm' AS TO OWNER: FIRST CONGREGATIONAL CHURCH OF NAPLES, INC., a/k/a 1st CONGREGATIONAL CHURCH OF NAPLES, INC. DATED: i i i � � � � ° °`1 Witness (Signature) Name (Print or Type) itnesS (Signs ure`)/ BY: LARRY AMON, President Name (Print or Type) Approved as to form and legal sufficiency: As istan Cou ty Attorney Last revised 09 -01 -09 it 1 16 B 8 EXHIBIT Page of I SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 101 FEE 2 AND 101 FEE 3 PROPERTY OWNER: 1ST CONCREGATIONAL CHURCH OF NAPLES. INC. REFERENCE: O.R. 3921 Pc 1 AREA OF TAKE: 82 j FT. t TOTAL _ N FEE SIMPLE INTEREST SCALE: 1" = 80' 222 +00 223 +UG 226 +00 225 +00 226 +00 227 +00 9.i'S 6aC.a1 651-1-1 / 114125 P.O.C. ± +4d',j a +da 12 Sam'�� I r51 7''— j VALEWOOD ORIYc E %TENSION g BASELINE STA 9 +98.12 L L2 J IMMOKALEE ROAD PARCEL 101 FEE 21 BASELINE STA 223 +90.46 ' PROPOSED R O.W IMMOKALFE ROAD \Vli (150' R.O.W.) o P n`TAII 1 DETAIL Q o N . P.O.B. SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST PARCEL 101 S.E. PARCEL 101 +sa12 PROP03E0 SE FEE 2 LI �31.1T- -__�_ 5 895 >36' E 1950.06 PARCEL nNE uar PRCYOSED R.0. W. LL? 1 (SEE OETAII 0 1 Z76 9157,36 I L1 1.36 N 99'3]'26' W o L2 0.26 5 901911' E A 7 1_3 0.73 N 431+'21' W OL Ld 748 5 999 W d Y LS 22.96 N 1996'41" 6'41" E L6 21.69 5 00'23'19' E L3 51.13 N 99'57'06' W LH 1261 5 89121'02' W 1ST CONGREGATIONAL I? CHURCH OF NAPLES, INC. `v o: O.R. 3921, PG. 1 . I g o m Ci q LOUISE V TAYLOR TRUST N o a _ q O.R. 1459, PG. 1608 + t 3 \ GOLDEN GATE ESTATES } UNIT 97 I p P.B. 7, PG. 96 ',I y PARCEL 102 FEE _T 2 REI nm POND TRACT 22 'r TRACT 50 '. PARCFI 101 S.E. j PROPOSED 5.E i° I m Op 12 J9�1 � Ls 1 Y 12121', 61', - _ - - - - - � - - ��- 14 L9 - - NN 99'21 0.10.1' F 1450.00 j. 9 +00 10 -GJ 11+00 P, D, B. 12 +00 13 +00 14 +00 _ PARCEL 101 FEE 3 'AUTUMN ___�___ n a9r to• E r,19, 3o OAKS LANE (60'R.D.W.) N9991'O]"E 1950.00 VALEW06D DWVE EXTENSIDN BASELINE STA 5 +00.00 = AUTUMN OAKS LANE 13ASEUNE STA 11 .47.57 TECM - ROW R.O.W. = RIGHT —OF —WAY JUL T 2009 S.E. = PERPETUAL SLOPE EASEMENT T.C.E. =TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT NOT A SURVEY P.U.B. = POINT OF BEGINNING LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 101 FEE 2 AND 101 FEE 3 ■■■ ■ CLIENT: COLLIER COUNTY T NSPORTATION DIVISION l mommAGNOLI BY: ro■■■ ■u■■ 3/24/09 ■■■■■ ARBER & ■ ■ ■ ■ ■• •1111■ GORGE W. CKNEY, P.S.M. NO. 5606 •au■■• RUNDAGE,.�. 6/25/09 engine E en9 a, Planners. & 16119 euT9e7 r.3: 13a91aaa -9]W SCALE: i" = 8D' DATE: OCT. 21, 2008 C.a r C*=tr. C ec tr 99 0 co 300, 7W0 TWW ttW, NeM1 Naa. R 46104 (a )m, -9111 2", . C ue co9ncr 9934 Co9evut md, sww Lw: IIWp eallasa. n 43144 (a9pn -auf 7/2/09 _ DRAWN BY: JAN PROJECT NO.: 07 -0066 1 ACAD N0: 10165 —SDI FILE NO: 10165 7/15/09 al N l EXHIBIT B 8 Page a" SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA FEE SIMPLE INTEREST LEGAL DESCRIPTION OF PARCEL 101 FEE 2 A PARCEL OF LAND LYING IN TRACT 22, GOLDEN GATE ESTATES UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT STATION 223 +90.46 ON THE IMMOKALEE ROAD BASELINE AS SHOWN ON THE FDOT ROW MAPS FOR SECTION 0359 -250, DATED 6- 16 -55, SAID POINT ALSO BEING ON THE VALEWOOD DRIVE EXTENSION BASELINE AT STA. 9+98.12; THENCE SOUTH 00'02'24" WEST ALONG SAID VALEWOOD DRIVE EXTENSION BASELINE A DISTANCE OF 150.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT —OF —WAY LINE OF IMMOKALEE ROAD; THENCE NORTH 8957'36° WEST ALONG SAID SOUTHERLY RIGHT —OF —WAY LINE A DISTANCE OF 51.17 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT —OF —WAY LINE NORTH 8957'36" WEST A DISTANCE OF 2.76 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT —OF —WAY LINE SOUTH 80'49'27" EAST A DISTANCE OF 3.34 FEET,' THENCE NORTH 45'14'31" WEST A DISTANCE OF 0.75 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1 SQUARE FOOT OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FEE SIMPLE LEGAL DESCRIPTION OF PARCEL 101 FEE 3 INTEREST A PARCEL OF LAND LYING IN TRACT 22, GOLDEN GATE ESTATES UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT STATION 223 +90.46 ON THE IMMOKALEE ROAD BASELINE AS SHOWN ON THE FDOT ROW MAPS FOR SECTION 0359 -250, DATED 6- 16 -55, SAID POINT ALSO BEING ON THE VALEWOOD DRIVE EXTENSION BASELINE AT STA. 9 +98.12; [HENCE SOUTH 00'02'24" WEST ALONG SAID VALEWOOD DRIVE EXTENSION BASELINE A DISTANCE OF 468.11 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT —OF —WAY LINE OF AUTUMN OAKS LANE; THENCE SOUTH 89'31'03" WEST ALONG SAID NORTHERLY RIGHT —OF —WAY LINE A DISTANCE OF 12.61 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT —OF —WAY LINE SOUTH 89'31'03" WEST A DISTANCE OF 7.48 FEET; THENCE LEAVING SAID NORTHERLY RIGHT —OF —WAY LINE NORTH 18'36'41" EAST A DISTANCE OF 22.94 FEET, THENCE SOUTH 00'25'19" EAST A DISTANCE OF 21.68 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 81 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 101 FEE 2 AND 101 FEE 3 ••••• iiii�(NOLI CLIENT: COLLIER COUNTY TRA�t.S�ORTATION DIVISION uao• au••■ ARBER & By 324 /09 ••••••a�. ommm"IBRUNDAGE,w.. GEORGE . HACKNEY, P.S.M. NO. 5606 6/25/09 i Professional mginaan, pi... a. & land auraeyom ry_.; (saqx,a_?PCS SCALE' N.T_S DATE' OCT 21 9�>� 7/2/09 cau.. c.mcr. s " zsa. aws T.m T..a, a.w: N. n aaioe (iiajeaT -atu n. cw.er: roao c.wam a.w. aw'. zss: e.wa saaW.. n awm laagaro -auz DRAWN BY: JAN PROJECT NO.: 07 -0066 --- ACAD NO: 10165 —SDI FILE NO: 10165 7/15/09 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1688 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Hoard Oflicc. The completed routing slip and original documents are to be forwarded to the Board Office only after the Hoard has taken action on the item.) ROUTING SLIP Complete routing lines d I through N4 as appropriate for additional signatures, dates, and /or information needed. It the document is already complete with the rrnrinv of the Chavm -'c signature draw a line through routine lines k l throueli 44, complete the clhccklist and forward to Ian Mitchell (line 45). Route to Addressee(s) (List in routing order) Office Initials Date I. appropriate. (Initial) Applica ble) Agenda Date Item was April 13, 2010 Agenda Item Number 16138 2. signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Slope Easement Agreement Number of Original One 4. resolutions, etc. signed by the County Attorney's Office and signature pages fiom Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC 5. Ian Mitchell, BCC Supervisor Board of County Commissioners 11 6. Minutes and Records* Clerk of Court's Office N/A *Please scan under Northbrooke /Valewood Dr. Ext. Project No. 60106 in the BMR Real Property Folder. PRIMARY CONTACT INFORMATION (The primary contact is the holder of die original document pending HCC approval_ Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of doe addressees above, inclining Sue Filson, need to contact staff for additional or missing information. All original documents needing die BCC Chairman's signature are to be delivered to the BCC ofth" only after the BCC has acted to approve the item) Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252 -5843 Contact appropriate. (Initial) Applica ble) Agenda Date Item was April 13, 2010 Agenda Item Number 16138 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Slope Easement Agreement Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages fiom Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 903.04. Revised 1.26.05, Revised 2.24.05, Revised 7 31 .09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages fiom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. 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. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on 04 /13/2010 (enter date) 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. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 903.04. Revised 1.26.05, Revised 2.24.05, Revised 7 31 .09 • MEMORANDUM Date: April 15, 2010 To: Robert Bosch Right -of -Way Coordinator Transportation Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Project: #60106 — Northbrooke /Valewood Dr. Ext. Slope Easement Agreement — Parcel #101 SE Purchase Agreement — Parcels #101FEE2 & IO1FEE3 Donation Agreement — Parcel —1OIUE Per your request you will find enclosed one copy of each document referenced above (Agenda Item #16138), adopted by the Board of County Commissioners on April 13, 2010. If you should have any questions, please call me at 252 -8411. Thank you. Enclosures PROJECT: Project No. 60106, Valewood Drive 168`8 PARCEL No(s): 101 SE FOLIO No(s): a portion of 41931040004 SLOPE EASEMENT AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this . 3T14 day of 4 ,P/i L L , 20 (o , by and between FIRST CONGREGATIONAL CHURCH OF NAPLES, INC., a/k/a 1st CONGREGATIONAL CHURCH OF NAPLES, INC., a Florida not - for - profit corporation, whose mailing address is 27761 Riverwalk Way, Bonita Springs, FL 34134 (hereinafter referred to as "Owner"), and 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 Slope Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Easement "), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Slope Easement to the County for the stated purposes of constructing or installing earthen material or stabilizing features over, under and upon the fill slope. 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 Easement to County, in a form acceptable to County. Said conveyance 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 Easement upon their recording in the public records of Collier County, Florida. At or prior to Closing, Owner shall provide Purchaser with a copy of any existing prior title insurance policies. 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 Easement. 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. 1 j � i 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. It is agreed and understood that any construction undertaken within the Easement after Closing by County, or any assignees or licensees of County, shall provide for existing landscaping and improvements, including irrigation, to be returned to its pre - existing condition, to the extent possible, at the expense of County, or such assignee or licensee. 7. Conveyance of the Easement 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. B. 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: 0 4 - (3 101,0 ATTEST: ZHDT E. tiR K; Clerk r 4 Llam_ Attest as to EN17" Clerk slpnatwc an AS TO OWNER: DATED: i (- I k- itneW ss (Signature) (Print or T Name (Print or Type) Approved as to form and legal s Assistant C ty Attorney Last Revised: 8/20/08 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, N�T�yY, FLORIDA BY: / `-��`- W. �- - FRED W. COYLE, Chairma FIRST CONGREGATIONAL CHURCH OF NAPLES, INC., a/k/a 1st CONGREGATIONAL CHURCH OF NAPLES, INC., a Florida not - for - profit corporation By: LARRY AMON, President IRM EXHIBlr_) '_ 1688 mmilmmo Paged ofa SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 101 S.E. PROPERTY OWNER: 1ST CONCREGATIONAL CHURCH OF NAPLES, INC. REFERENCE: O.R. 3921, Pc. 1 AREA OF TAKE. 3.5o6 so. FT. PERPETUAL NON - EXCLUSIVE SLOPE EASEMENT 221 +00 222 +00 223 +00 IMMOKALEE ROAD (150' R.O.W.) SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST h W O^ W� QO 7 TRACT 22 CURW TAR F CORW DELTA Rd us ARC MM) CH640 RFC s cl 47'x'36" 4(100 u28 JZ33 N 24159T W m 0 r 9 +00 10 +D0 11 +00 647.37 N 89'31'0, E 1516 N 89'31'03* E 1950.00_ _ _ — VALEWOOD DRIVE EXTENSION BASELINE STA 5 +00.00 e N SCALE: 1" = BO' 225+00 dAS NE STA 9 +98.12 s IMMOKALEE ROAD BASELINE STA 223 +90.46 2 I I INF TAR O ry 6.ZL.1�� O i1tlE lEBGIL 6EA91tlC p L1 53.93 N 893736' W _ a L✓v L2 134 S 80'4927' E IL LJ 25.16 S 4514'31" E 4W L4 25.16 5 4514'31" E 1� N 15 22.91 5 1836'41" W O 2 O L6 5.29 5 8991'03" W F= L7 23.63 N 189641" E a Le 0.50 N 41'54'05" E o p 1ST CONGREGATIONAL U CHURCH OF NAPLES, INC. O.R. 3921, PG. 1 GOLDEN GATE ESTATES TRACT 21 UNIT 97 _ P.B. 7, PG. 96 h W O^ W� QO 7 TRACT 22 CURW TAR F CORW DELTA Rd us ARC MM) CH640 RFC s cl 47'x'36" 4(100 u28 JZ33 N 24159T W m 0 r 9 +00 10 +D0 11 +00 647.37 N 89'31'0, E 1516 N 89'31'03* E 1950.00_ _ _ — VALEWOOD DRIVE EXTENSION BASELINE STA 5 +00.00 e N SCALE: 1" = BO' 225+00 dAS NE STA 9 +98.12 s IMMOKALEE ROAD BASELINE STA 223 +90.46 2 n W� 46 .-r O�W U(� D; n 12 +00 13 +00 AUTUMN OAKS LANE (60' R.O.W.) BASELINE STA 11 +47.37 R.O.W. = RIGHT —OF —WAY TECM - ROW S.E. = PERPETUAL SLOPE EASEMENT OCT 1 2 2009 T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT NOT A SURVEY P.O.B. = POINT OF BEGINNING LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 ITS LEGAL DESCRIPTION AND SKETCH PREPARED BYE I DFSCRIPTION- PARCFI 1n1 s F ••••• CLIENT: COLLIER COUNTY TRAN ORTATIO VISION iiiiNOLI wu• 11111 ARHER & BY: _ ••••O�j RllNDAGE,ac 6/25/09 GEORGE W. HACKNEY, P.S.M. NO. 5606 iiiiii ✓U Profenioml aa`lneen, pl --. & L d Au yon >.� p>,9ppear_�6 7/2/09 SCALE: 1' = 80' DATE: MAR, 24. 2009 w ® ww c o.�..9i iw.ywW�N� ~i9.i p ii H6u10� (aopn -iii, 7/15/09 DRAWN BY: JAN PROJECT NO.: 07 -0066 c.eutwr .r Aeue6..ueu n.. u >ww w ®w1 T. (m)1w -am 10/10/09 ACAD NO:10165 —SD4 FILE NO: 10165 I Z O ry 6.ZL.1�� W W a LOUISE V. TAYLOR TRUSTEE n ? O.R. 1459, PG. 7808 8 v z � LJ, d j PARCEL 102 FEE RETENTION Para TRACT 50 n W� 46 .-r O�W U(� D; n 12 +00 13 +00 AUTUMN OAKS LANE (60' R.O.W.) BASELINE STA 11 +47.37 R.O.W. = RIGHT —OF —WAY TECM - ROW S.E. = PERPETUAL SLOPE EASEMENT OCT 1 2 2009 T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. = POINT OF COMMENCMENT NOT A SURVEY P.O.B. = POINT OF BEGINNING LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 ITS LEGAL DESCRIPTION AND SKETCH PREPARED BYE I DFSCRIPTION- PARCFI 1n1 s F ••••• CLIENT: COLLIER COUNTY TRAN ORTATIO VISION iiiiNOLI wu• 11111 ARHER & BY: _ ••••O�j RllNDAGE,ac 6/25/09 GEORGE W. HACKNEY, P.S.M. NO. 5606 iiiiii ✓U Profenioml aa`lneen, pl --. & L d Au yon >.� p>,9ppear_�6 7/2/09 SCALE: 1' = 80' DATE: MAR, 24. 2009 w ® ww c o.�..9i iw.ywW�N� ~i9.i p ii H6u10� (aopn -iii, 7/15/09 DRAWN BY: JAN PROJECT NO.: 07 -0066 c.eutwr .r Aeue6..ueu n.. u >ww w ®w1 T. (m)1w -am 10/10/09 ACAD NO:10165 —SD4 FILE NO: 10165 I it EXHIBIT SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 101 S.E. A PERPETUAL SLOPE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF TRACT 22, GOLDEN CATE ESTATES UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMLNCING AT STATION 223 +90.46 ON THE IMMOKALEE ROAD BASELINE AS SHOWN ON THE FDOT ROW MAPS FOR SECTION 0359 -250, DATED 6- 16 -55, SAID POINT ALSO BEING ON THE VALEWOOD DRIVE EXTENSION BASELINE AT STA. 9 +98.12; THENCE SOUTH 00'02'24" WEST ALONG SAID VALEWOOD DRIVE EXTENSION BASELINE A DISTANCE OF 150.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT —OF —WAY LINE OF IMMOKALEE ROAD; THENCE NORTH 89'57'36" WEST ALONG SAID SOUTHERLY RIGHT —OF —WAY LINE A DISTANCE OF 53.93 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT —OF —WAY LINE SOUTH 80'49'27° EAST A DISTANCE OF 3.34 FEET THENCE SOUTH 45'14'31" FAST A DISTANCE OF 25.16 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 45'14'31° EAST A DISTANCE OF 25.16 FEET; THENCE SOUTH 00'25'19" EAST A DISTANCE OF 260.63 FEET; THENCE SOUTH 18'36'41° WEST A DISTANCE OF 22.94 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT —OF —WAY LINE OF AUTUMN OAKS LANE; THENCE SOUTH 8931'03° WEST ALONG SAID NORTHERLY RIGHT —OF —WAY LINE A DISTANCE OF 5.29 FEET; THENCE LEAVING SAID NORTHERLY RIGHT —OF —WAY LINE NORTH 18'36'41" EAST A DISTANCE OF 23.83 FEET; THENCE NORTH 00'25'19" WEST A DISTANCE OF 247.69 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET, THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 47'40'36" AN ARC DISTANCE OF 33.28 FEET, THENCE NORTH 41'54'05" EAST A DISTANCE OF 0.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,473 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 101 S.E. ..... CLIENT: COLLIER COUNTY TRANS ORTATION DIVISION iiii GNOLI - -- f BY: uu• .0uu uu• ARBER & •....■ u.u■ 6/25/09 GEORGE W. HACK , P.S.M. N0. 5606 uuu RgmeeG ,o c. Prof000iov01 7/2/09 en. 0, plevven. k land e; r0 ...: (230)50 -xms SCALE: N.T.S. DATE: MAR. 24. 2009 2N. cwu.. corny: swa zm, 4400 t.w.mr 3; U Sp 0qe,., n 135 (260)64/ -3111 mpe c..o mho coo"uo 0N— awr. wa; n any (232)54 -2M, 7/15/09 DRAWN JAN PROJECT NO.: 07-0066 C. c..um.a .r 2.u..r�wun0 n... ;a ae6a ..e ®650 rte: (a60Nm -24se d n 5`4 1D /70/09 ACAD NO: 10765 —SD4 FILE N0: 10165 O:1 15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1688 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office "I he completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the a..n.,o „f *o r,hai.rna„'� elonanne draw a line thmuph rnutinp lines #1 fhrouph #4_ cmmnlete the checklist. and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date I. appropriate. (Initial) Applicable) Agenda Date Item was April 13, 2010 Agenda Item Number 1668 2. signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Donation Agreement Number of Original One 4. resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC 5. Ian Mitchell, BCC Supervisor Board of County Commissioners 6. Minutes and Records* Clerk of Court's Office N/A *Please scan under Northbrooke /Valewood Dr. Ext. Project No. 60106 in the BMR Real Property Folder. PRIMARY CONTACT INFORMATION (The primary contact is the holder of tie original document pending BCC approval. Normally the primary comact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of tie addressees above, including sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC oil-ice only after the BCC has acted to approve the item ) Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252 -5843 Contact appropriate. (Initial) Applicable) Agenda Date Item was April 13, 2010 Agenda Item Number 1668 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Donation Agreement Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I_ Fortes/ County Forms/ BCC Forms / Original Documents Routing Slip W WS On igroad 9 03 04, Revised 1.26.05. Revised 2.24.05, Revised 7 31.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. 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. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the 13CC office within 24 hours of BCC approval. 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 our deadlines! 6. The document was approved by the BCC on 04/13/2010 (enter date) and all changes made during the meeting have been incorporated in the attached document. The g County Attorney's Office has reviewed the changes, if applicable. I_ Fortes/ County Forms/ BCC Forms / Original Documents Routing Slip W WS On igroad 9 03 04, Revised 1.26.05. Revised 2.24.05, Revised 7 31.09 MEMORANDUM Date: April 15, 2010 To: Robert Bosch Right -of -Way Coordinator Transportation Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Project: #60106 — Northbrooke/Valewood Dr. Ext. Slope Easement Agreement — Parcel #IOISE Purchase Agreement — Parcels #101FEE2 & 101FEE3 Donation Agreement — Parcel — IOIUE Per your request you will find enclosed one copy of each document referenced above (Agenda Item #16B8), adopted by the Board of County Commissioners on April 13, 2010. If you should have any questions, please call me at 252 -8411. Thank you. Enclosures PROJECT: Project No. 60106, Valewood Drive 1 6 B 8 PARCEL No(s): 101UE FOLIO No(s): A portion of 41931040004 DONATION AGREEMENT THIS AGREEMENT (hereinafter eferred to as the "Agreement ") is made and entered into on this day of J f z!� 2010, by and between FIRST CONGREGATIONAL CHURCH OF NAPLES, INC., a /k/a IT CONGREGATIONAL CHURCH OF NAPLES, INC., a Florida not - for - profit corporation, whose mailing address is 27761 Riverwalk Way, Bonita Springs, FL 34134 (hereinafter referred to as "Owner "), and 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 Utility Easement with Temporary Construction Easement rights over, under, upon and across the lands described in Exhibit "A ", attached hereto and made a part of this Agreement, which shall include the right to construct a gravity wall and related roadway, sidewalk, drainage and utility facilities within the public right -of -way immediately adjacent thereto (hereinafter referred to as the "Easement "); and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement 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. "Utility facilities' includes public as well as private utilities, such as electric, telephone and cable television, but only if such facilities have Grantee's consent and proper authorization, and Grantee shall be entitled to assign any or all of its rights to any utility company constructing, installing or maintaining such facilities. The Easement shall also include the right to remove and use any and all excavated material. 3. Owner shall convey the Easement 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." 4. 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 Easement upon their recording in the public records of Collier County, Florida. At or prior to Closing, Owner shall provide County with a copy of any existing prior title insurance policies. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 5. 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 Easement. 6. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument 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 Easement. E w 7. County shall pay to Owner at Closing an amount of $2,000.00 by way of a contribution towards attorneys' and experts' fees and costs. 8. The Temporary Construction Easement rights shall commence upon the issuance of Grantee's official Notice to Proceed to its roadway contractor for the construction of Valewood Road Project No. 60106, and shall automatically terminate 1,095 days therefrom. 9. It is agreed and understood that any construction undertaken within the Easement or within the public right -of -way immediately adjacent thereto after Closing by County, or any assignees or licensees of County, shall provide for existing landscaping and improvements, including irrigation, to be returned to its pre- existing condition, to the extent reasonably possible, at the expense of County, or such assignee or licensee, but without any obligation or responsibility for maintenance thereof. 10. 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. 11. Conveyance of the Easement 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. 12. 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 COUNTY: DATED: O4-13`2o(D ATTEST: 4ZTE.BRq <, Clerk st as tap�ltp+�aWr4 +1Bnbtu+:t . on AS TO OWNER: DATED: Witness ( igna re) Name (Print or Type) Witness ( Signature)) Les c,,) c c-e e Name (Print or Type) Last Revised: 11/30/09 BOARD OF COUNTY COMMISSIONERS COLLIE C UNTY, FLORIDA BY: LIJ , FRED W. COYLE, Chairman FIRST CONGREGATIONAL CHURCH OF NAPLES, INC., a /ka/ 1st CONGREGATIONAL CHURCH OF NAPLES, INC., a Florida not - for - profit LT-r✓.- President Approved as to form and legs ene Assistant County Attorney EXHIBIT "A" PAGE 1 OF 2 LEGAL DESCRIPTION AND SKETCH PARCEL NO. 101 U (PERPETUAL, NON - EXCLUSIVE UTILITY EASEMENT WITH TEMPORARY CONSTRUCTION EASEMENT RIGHTS) _.. .... ._._ �.- .e..- ........- • ............. a...... PARCEL 101UE 1ST CONGREGATIONAL CHURCH OF NAPLES, INC. w O.R. BOOK 3921, PG. 1 o ' GOLDEN GATE ESTATES O UNIT NO. 97 0 TRACT 21 P.B. 7, PG. 96 Q TRACT 22 i • EXHIBIT "A" PAGE 2OF2 LEGAL DESCRIPTION PARCEL101UE (PERPETUAL, NON - EXCLUSIVE UTILITY EASEMENT WITH TEMPORARY CONSTRUCTION EASEMENT RIGHTS) PORTION OF TRACT 22, GOLDEN GATES ESTATES, UNIT NO. 97 The north 6.00 feet of the following described property Tract 22, Golden Gate Estates Unit No. 97, as recorded in Plat Book 7, Page 96, Public Records of Collier County, Florida, LESS AND EXCEPT the following three Parcels of Land: 1) A Parcel of Land described in OR Book 2581, Pages 349 et seq. of the Public Records of Collier County, Florida, being the north 50.00 feet of Tract 22, Golden Gate Estates Unit No. 97; 2) A Parcel of Land described in OR Book 3342, Pages 1280 et seq. of the Public Records of Collier County, Florida, being more fully described as follows: Commencing at the southeasterly corner of Tract 22, Golden Gate Estates Unit No. 97; thence North 00 019'10" East, along the easterly boundary of said Tract, a distance of 30.00 feet to the northerly right -of -way line of Autumn Oaks Lane, a 60 foot right -of -way, (24th Avenue N.W. per record plat) and the POINT OF BEGINNING; thence North 89 040'50" West along said northerly right -of -way, a distance of 45.00 feet; thence leaving said northerly right -of -way, North 00 019'10" East and parallel with the easterly boundary of said Tract 22, a distance of 282.28 feet; thence North 44 °25'20" West, a distance of 51.14 feet, to the southerly right -of -way of Immokalee Road (County Road 846); thence South 89 °09'50" East along said southerly right -of -way of Immokalee Road, a distance of 81.00 feet, to the easterly boundary of said Tract 22; thence South 00 019'10" West, along said easterly boundary, a distance of 317.88 feet, to the POINT OF BEGINNING; and 3) A Parcel of Land described as follows: Commencing at Station 223 +90.46 on the Immokalee Road Baseline as shown on the FDOT ROW Maps for Section 0359 -250, dated 6- 16 -55, said Point also being on the Valewood Drive Extension Baseline at Sta. 9 +98.12; thence South 00 °02'24" West along said Valewood Drive Extension Baseline a distance of 150.00 feet to an intersection with the southerly right -of -way line of Immokalee Road; thence North 89 057'36" West along said southerly right -of -way line a distance of 51.17 feet to the POINT OF BEGINNING of the Parcel herein described; thence continuing along said southerly right -of -way line North 89 057'36" West a distance of 2.76 feet; thence leaving said southerly right -of -way line South 80 049'27" East a distance of 3.34 feet; thence North 45 °14'31" West a distance of 0.75 feet to the POINT OF BEGINNING of the Parcel described herein.