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Parcel 533/733 PROJECT: Collier Blvd/Project #60001 PARCEL No(s): 533/733 FOLIO No(s): Portion of 73620100566 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 7')1"1-1 day of JULY , 2006, by and between HAMMOCK WOODS, L.L.C., a Florida limited liability company, whose mailing address is 42 Barkley Circle, Suite 3, Fort Myers, Florida 33907 (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 easement for the purposes of constructing and maintaining an earthen fill slope over, under, upon and across the lands described in Exhibit "A", attached hereto and made a part of this Agreement, and a 2-year Temporary Construction Easement over, under, upon and across the lands described in Exhibit "B", attached hereto and made a part of this Agreement (said easements described in Exhibits "A" and "B" are 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 properly executed easement instruments) 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 on or before August 4, 2006; 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. Agreement Page 2 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. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Agreement AS TO COUNTY: DATED: JULY 25, 2006 A TTES1;:,:. ..' DW1GHTE;~B:80CK, Clerk ,"" '." . ..,. ,~. t~st4sto'~i~uty Clerk i r."t9~~,)~fll ,..... AS TO OWNER: DATED: ,\\O~ WITNESSES: S\) 10 Ll.Ec'k L (Signature) Si ature) jeJ\rA L. ~tHe (Printed Name) WITNESSES: S gnature) ~rlC^ L.- ~tH< (Printed Name) Approved as to form and legal sufficiency: h_L V~ Ellen T. Chadwell Assistant County Attorney k BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~f'~ Fr alas, C airm n HAMMOCK WOODS, L.L.C., a Florida limited liability company BY: (;~2u~ Ronald L. Davis Co-Manager HAMMOCK WOODS, L.L.C., a Florida limited liability company BY:~~ Robert L. D'Andrea Co-Manager Page 3 Parcel 533 ; ., 1 I . \ \... II I , , _.____....__..____.. 1 n _~_L_.__..______. __ _____u----------.-n-n..----- n___ - __.n_._ -.- .-.-.-.-.- ----.---. ---..----- . --.-- - RATTLESNAKE HAMMOCK ~OAD - 3'x4' SIGN EASEMENT O.R,BOOK 3070, P. 1475 PO B _________ ____ ...._______.______._____ --------- - - --'--;:R'Acr- -6 - --' --- - - -- ---- - -- - --- --- - - -- -- - ._u .u_ --1 __.__u____ N8T48'19"E 326.88' .sa:7:.4ll:1 g: YL:U6,.;lQ.: t--l;;~.B.E. PARCEL I &: D.E. 533 ~10' P,U.E. I I I I I \ I I 8 : ~- ,,-., - If) 0'1 I I I a:: u~ I~ :~ I~ ~ in I~ mN a:: Iz w :J -l o (,) ..., I I I I I I I I I I I I I I I I I ) I I AS DESCRIBED IN I ..., Io.R. BOOK 2909, I ! PA~~~~3~_--_--------.,Troct [K r - I I I I ::; 11' LOT 4 LOT 3 SIERRA MEADOWS PLAT BOOK 39 PAGES 1 1 -1 3 24' ACCESS EASEMENT --------- ~~ ------- r--r- I LOT 5 NOTfS: I. This;s not 0 survey. 2. 80sis of bearing is the West line of County Rood 9S1 (C.R. 9SI) bein9 N 00'SO'44" f, Florida State Plane Coordinates NAD 8J/90, fast Zone. Legal Description The North 1 1.00 feet of Lot 3, Sierra Meodows, os recorded in Plot Book 39, poges 11 through 13 of the Public Records or Collier County. Florida, being more particularly described os follows. J. Subject to easements, reservations and restriclions of record. Beginning ot the northwest corner of said Lot 3, soid point olsa lying on the southerly right-of-way line or Rolllesnake Hommock Rood; th.nce North 87'48'1 g" Eoat along said southerly right-ot-woy line, 0 distance or 326.88 feet to the .ast line or said Lot 3; th.nce South 00'50'44" West along said line, 0 distance at 1 1.02 f.et; thence leaving said line South 8748'19" West, 0 distance of 326.30 re.t to the west.rly Iin. ot said Lot 3; th.nc. North 02'11'41" West along said west.rly line, 0 distance or 1 1.00 r.et to the POINT OF BEGINNING. 4. Easements shown hereon 0'" per plot, unless otherwise noted. S. Dimensions ore in feel and decimals thereof. 6. Certificate of authorization L8 4J. 7. R/W r.pr.s.nts Right-of-Way. 8. P.O.B. reprnents Point of 8eginning. 9. P.O.C. reprlrSents Point of Commencemen 10. O.R. represents Officiol Records. II, L.B.f. represents Landscape 8uffer fosement. 12. U.f. repr.sents Ulilily fasement. IJ. F.P.L.f. represents Florida Pow.r It Ligh! fasement. 14. D.f. r.presents Drainage Easement. IS. S.f. reprtlsents Sidell/olk Easement. PIRPETUAL. NON-EXCLUSIVE~' represents Public Utility Eosemtlnt. . . U8EIIENT Containing 3,594 square feet, more or less. N ~ D Z'!lD 100 GRAPHIC SCALE LINE U72 U73 I ZDD , F"OR :TH( F"IRM) FLA. Lie. NO. S8 - NOT VALID WITHOUT THt SIGNATURE AND THE ORIGINAL RAiSED SEAL OF A FLORIDA LICENSED SURVF:YOR AND MAPPER Revised beoring distonc., direction &: lot numb.r in description 07/06 Thil il NOT a Survey. WI.... ~~ -,-,_._.__._- ~,"'" -................ ...,........,... ......... '" ............ ............ .. --- ~3 f/I X IC-41 E., ClIIID .... lC-41 PIIlUB:l' _ NlI01:l-SOU-OOI MY! 1.40r 09, 2006 - 15:14:36 TOSBORNE!X:\SUR'\eollior blvd\CH2101Hill\ lC-4 l\Lono Crook Or - Roltloonoko Hommoek.dw9 EXHIBIT _ A P8g8...L- of..L- ~j ,l. Ii" ,j 1i1..*j,.~.,l;;JI.Ji....Ji.~~&i.../jli..,;I.M....~illl-t.. Iii I, ;1 ~ Parcel 733 1 '--" , I i :~ ! I . , ...._...........______.__......_...._...................._....J - -- --- ~ _.- -~ -- --- ----- - ----------- - --- --.. - ---- -- - - -- -- ----- -- -- - ---------------- --- - -..- RATTLESNAK~ HAMMOCK ~OAD 3'x4' SIGN EASEMENT O.R.BOOK 3070, P. 1475 1 S8'1'-.48'-l- 25' L.B.E. . &: D.E. P.U.E. ,.... ;:;... - LOT 4 ,,-., - If) 0'1 I I I 0:: I, 8..~ ., ciO:: w ~in I. I: (ON I~ 0:: W :J -! 0 IZ U I ~--- I I I ~10' I I I I I 1 I I \ I .~. l I I I I I I I I I I I I I I I I I ) I I AS DESCRIBED IN I l rO.R. BOOK 2909, I i _ _~A~~ ~~3~ __ _ ___ _ __ __ _ -, Tract iK r I I I I 5' LOT 3 SIERRA MEADOWS PLAT BOOK 39 PACES 11 - 13 ---------- -=;J r-;----- , Legal Description The South 5.00 feet of the North 16.00 feet of Lot 3, Sierra Meadows, os recorded in Plot Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described os follows. Commencing at the northwest corner of said Lot 3, said point also lying on the southerly right-of-way line of Rolllesnoke Hammock Rood; thence South 02"11'41" East along the west line of said Lot 3. 0 distance of 11.00 feet to the POINT OF BEGINNING; thence North 87'48'19" East, 0 distance of 326.30 feet to the East line of said Lot 3: thence South 00'50'44" West along said line, 0 distance of 5,01 feet; thence leaving said line South 87'48'19" West, o distance of 326.03 feet to the westerly line of said Lot 3; thence North 02'11 '41" West along said westerly line, 0 distance of 5.00 feet to the POINT OF BEGINNING; 24' ACCESS EASEMENT LOT 5 NOTES: 1. This is nof 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" E, Florida State Plane Coordinates NAD 83/90, East Zon.. J. Subject to easements. reservations ond restrictions of record. 4. E:osements shown herf10n ore per pial, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Ctrtificote of authorization LB 43. 7. R/W repr.sentIJ Right-of-Way. 8. P.D.B. represenlll Point of Beginning. 9. P.O.C. r.pr.sentIJ Point of Commencemen 10, O.R. represents Official Records. I r. L.B.E. represents Landscape Buffer E:asement. 12. U.E:. represents Utility fosement. 13. F.p.L.r. represents Florida Power 4c Light TEMPORARY EOIJllment. CONSTRUCTION c.&~ 14. D.E:. represents D~oinage fasement. ~, IS. S,f. represents Sidewalk E:asement. (DURATION: ~YEARS FROM 16. P.U.f. represents Public Utility fasement. COMMENCEMENT OF CONSTRUCTION) Containing 1.632 square feet, more or less. N ~ o ZS 50 100 GRAPHIC SCALE . P . . (FOiFTHE: FIRM) FlA. LlC. N S8J" . - .. NOT VALID WITHOUT' THE: SIGNATURE: AND THE: ORIGINAL RAISE:D StAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER I zoo LINE U76 U77 Revised bearing distance &: lot number in description 07/06 This is NOT a Survey. E., .....~. _._._._.__._- ~"" -.............,.............. ......."'................... ~ IIIl .... N8015-SOU-OOl 733 Oft X __ IIIIIX IIIl IC-41 -- Mor 09, 2006 - 15:14:36 TOSBORNEIX:\SUR\collior blvc!\CH2l.1Hllro..1C-41\l.one Cro.k Or - Rolll..nok. Hornmock.dw9 EXHIBIT 6 Page..L ofJ-