Parcel 503
PROJECT: Rattlesnake Hammock Rd. #60169
PARCEL: 503
SLOPE EASEMENT AGREEMENT
THIS SLOPE EASEMENT A(3,AJEMENT (~einafter referred to aSJhe "Agreement")
is made and entered into on this r1·t._ day of ~ , 2 Ot"--L , by and between
HUNTINGTON WOODS HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida
corporation (hereinafter referred to as "Owner"), whose mailing address is 6064 Huntington
Woods Drive, Naples, Florida 34112-2981, and COLLIER COUNTY, a political subdivision of
the State of Florida (hereinafter referred to as "County"), whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112.
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"
(said easement hereinafter referred to as the "Property"), which is attached hereto and made
a part of this Agreement; and
WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting in a slope
transition from the edge of the new sidewalk to the owner's property instead of the
construction of a retaining wall and guard rail, 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; and
WHEREAS, it is acknowledged by the parties that a portion of the Huntington Woods
sign is in the existing County Right-of-Way, and Owner acknowledges that it may be required
to remove said sign in the interest of public health, safety and welfare upon notice from
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. 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. Owner is aware and understands that this Agreement is subject to the acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
6. 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; provided, however, that any
compensation, costs and/or fees required to secure and record releases or
satisfactions, shall be the responsibility of the Owner.
7. 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.
8. 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.
9. This Agreement is governed and construed in accordance with the laws of the State of
Florida
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
DATED: J;;-!J-J.-/ð {
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ATT'iST~·~. ~'.'"
DWI~H-r:. E~'B~'~K,;~lerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: -Uw. ~
' , airman
AS TO OWNER:
WITNESSES:
/
LLCLrl ()
Huntington Woods Homeowners
Association of Naples, Inc., a
Florida corporation
By:Ji,.JuiJ,~ ~
Geraldine Harvatt, President
Witness (Signature) .
Name: ~~.~ rn I
(Print)
N/
tness (Signature)
Name: 6....J~ T~-..oC) &.. ') \.0 \e pC
(Print)
Item # \ le B i.
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Approved as to form and
legal jffiCiency;
£~.~
I/'Éllen T. Chadwell
Assistant County Attorney
~
2
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 503
PROPERTY OWNER: EDWARD A. LlEBHABER
REFERENCE: O,R. 1333. PG. 1858
STRAP NO.: 502616138.0265B16
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LEGAL DESCRIPTION (ANP'.I SKE'T~H'SHtET
DESCRIPTION: PARCEL 5 <
CLIENT: COLLIER COUNTY
1 OF 2
BY:
GE .. GE W.; HACK.~ JR~.M. NO. 5606
',', I, .', i...') t, .
SCALE: 1'::: 80' : DATE:' NOV. 9 200~
ORA WN BY:' J.;AN.·· PROJECT NO.: 8315
ACAD NO: 8672-5031 FILE NO: 8672
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 503
ALL THA T PART OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA LYING NORTHERL Y OF RA TTLESNAKE
HAMMOCK ROAD (CR. 864) (100' RIGHT OF WA Y) AND BEING MORE
PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE SOUTHWEST CORNER OF SAID SECTION 16;
THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH LINE OF SAID
SECTION 16 AND ALONG THE SURVEY BASELINE OF RA TTLESNAKE
HAMMOCK ROAD (C.R. 864 - 100' R.O. w.) A DISTANCE OF 659.27 FEET,'
THENCE LEA VING SAID SOUTHERL Y LINE AND LEA VING SAID BASELINE
NORTH 0·46'14" EAST A DISTANCE OF 50.00 FEET TO THE NORTHERL Y
RIGHT OF WA Y LINE OF SAID RA TTLESNAKE HAMMOCK ROAD AND THE
SOUTHEAST CORNER OF HUNTINGTON WOODS CONDOMINIUM;
THENCE NORTH 0'07'39" EAST ALONG THE EAST LINE OF SAID
HUNTINGTON WOODS CONDOMINIUM A DISTANCE OF 17.50 FEET;
THENCE LEAVING SAID EAST LINE NORTH 89'13'46" WEST ALONG A LINE
17.50 FEET NORTHERL Y OF AND PARALLEL WITH SAID RIGHT OF WA Y
LINE A DISTANCE OF 17.00 FEET TO THE POIN T OF BEGINNING OF THE
PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 89'13'46" WEST
A DISTANCE OF 128.51 FEET;
THENCE LEA VING SAID PARALLEL LINE NORTH 00'46'14" EAST A
DISTANCE OF 2.00 FEET;
THENCE NORTH 89'25'58" EAST A DISTANCE OF 128.47 FEET;
THENCE SOUTH 00'03'46" EAST A DISTANCE OF 5.00 FEET TO AN
INTERSECTION WITH SAID PARALLEL LINE AND THE POINT OF BEGINNING
OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 450 SQUARE FEET OF LAND MORE OR LESS;
EXHIBIT .1L
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THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
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LEGAL DESCRIPTIO~')'ANÖs~E 8r{,'SHEET 2 OF 2
DESCRIPTION: PARCEl-'. ~'~.~'.
CLIENT: COLLIER CO,U,'! ' TR,
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coœ.. Coaat;r- _to -. ,- __ TnII, If-' If'-, n. ..101 lNl)1rr-11U
Lee c.....t;r- hlto 101. 1.. -.,. ~ Pw\ ~ n. lltol Nl)117-IUl
CenU!..to of ¿__ If... loll _ .... D _ :1'.... Nl_-_1
BY:;''' ¡
, q,PR,E ,.. HA ') EY;. ,~·:S.M. NO. 5606
SCALE: . . N:T,S,,: DATE: NOV. 9. 200~
DRAWN BY:, JA~' 'PROJECT NO.: 8315
ACAD NO: 8672-SD31 FILE NO: 8672
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