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Parcel 802, 803 PROJECT: 14th Street Project PARCEL No(s): 802 & 803 FOLIO No(s): 49520000101 AGREEMENT THIS AGREEMENT (h einaft r r erred to as the "Agreement") is made and entered into on this J~ day of 2006, by and between HEMINGWAY PLACE HOMEOWNERS ASSOCI TI N, INC., a Florida not-for-profit corporation, whose mailing address is 720 Goodlette Road, Suite 305, Naples, Florida 34102 (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 the County a perpetual, non- exclusive Drainage and Utility 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 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 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. 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. 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 Easements 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. AS TO COUNTY: DATED: tj. I;. ot ATTEST: DWIGHT E. BROCK, Clerk r.J',n..u.u, ~'O.L' '-'0 ... Att.t to . ~ CSlerk - .f..... ~J, AS TO OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUN~DA BY: ~~ ~./ F K HALAS, Chairman CE HOMEOWNERS N, aflorida not-far-profit corporation re JD€L- <D . ??~~5' I ~ I Vet\ T (Print Name/Title) SIgnature) Name: :j 7Yt. Snw 7V (Print) Approved as to form and legal sufficiency: ~ VCL-,~ ~lIen 1. Chadwell Assistant County Attorney ~'0 ~ ))\~ ,~ NOT A SURVEY CYPRESS PLAT BOO OODS 4, PA STATES PLAT E 30 XttBIT ~ l ,.,~ #2 c--l ~ t- <( ....J 0.. (.f) ~o <(1"1 bt-w : (.f) C> w<( ~(.f)o.. Uo 00 ~ ....Jo-.;t (D3;~ o 0 W(.f)o 0(.f)(D -w 2:~t- 00..<( z>-....J :::>uo.. ::c t- ~ o Z t- W W ~ I- (j) CYPRESS WOODS DRIVE I t- -.;t I I ALL THAT TRACT OF LAND S1TUA 1E IN SECllON 22. TOWNSHIP 49 SOUTH, 25 EAST, COWER COUNTY FLORIDA. MORE PARllCULARIL Y DESCRIBED AS FOLLOWS: THE NORTHERLY 10 FEET OF TRACT -E- (COMMON AREA) OF HEMINGWAY PLACE AS SHOWN OF THE PLAT THEREOf RECORDED IN PLAT BOOK 39 AT PAGE 22 OF THE PUBUC RECORDS Of COWER COUNTY, FLORIDA. CONTAINING 0.03 ACRES MORE OR LESS. SUBJECT TO ANY EASEMENTS OR RESTRICll0NS OF RECORD. ..- o <(,--.... 0>- 0:::<( ~3 >-~lL. <(0:::0 s:lL.1- w ::c zlL.wG -01-- ....J 1-0:: W I-I-....J~ (j)::COO WC>OLO 30:::GC EXISTING 10' I DRAINAGE EASEMENT ------ ---------------- o <( o 0::: ~ Z <( 0::: lL. W l- I- W ....J o o o G t- Z W ~ W G ~ <(I- ZZ <(w ~Gj (.f) ,--.... ~<(~ ~w~ <(ww s:c>(.f) ~<(w o:::zO::: 0-0- t- <(........ (j)O:::z .........00 ~I- = (j) <{ Pw> ~ (j)~ I-OW UO-(.f) <{~z ~:::>o t-O-U ,--.... <( W 0::: <( Z o ~ ~ o U ......... : }U I- U <{ 0::: I- /p LAC 39 PAGE HEiv11NGWA P-L! OK r) f"" LL NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL SURVEY TITLE: SKETCH AND DESCRIPTION GENERAL NOTES PREP ARE~ 14TH STREET OUTFAlL IMPROVEYENTS DATE 10/'0/ PARCEL "2" DANIEL J REG^~, PSM COWER COUNTY STORllWATER MANAGEMENT DEPT. PROFESSIONAL SURVEYOR AND MAPPER FL. REG 6331 SHEET: PflIEP. ~ M 0#t01E: 10/03/011 I"ltO.lECT Jlk IQGNfJ) "" """ DAlE' 05039 QtEQlED IT: DAlE: HGIZl:lNTAL sc.u: 1"' - 50' \O:tICAl. 9C.U: N.A. BOARD OF COLLIER COUNTY COMMISSIONF.RS TRANSPORTATION SERVICES DIVISION ROAD MAINTENANCE DEPARTMENT 2685 SOUTH HORSESHOE DRrVE NAPLES. FLORIDA. 34104 (941) 659-5791 1 OAf[; OF 1 10/03/2005 NOT A SURVEY ,--.... <( w 0::: <( Z o ~ ::E o u '-' I- Z W ~ W C> ~ <(t- ZQ <(::E ~w (.f) ,--.... O:::<(~ ~w~ <(ww 3:C>(.f) ~<(w ~z~ o<~ t-~z (.f)oo '-' ~ l= : (.f) <( Uw> : (.f) ~ t-Ow UO-(j) <(~Z 0::::::>0 t-o...u /p LAC 39 PAGE 22 HEMINGWp, P-L OK w HEMINGWA Y PLACE o <(,--.... 0>- ~<( ~3 z >-<(lL. <(~o 3;1.1..1- w :r: zl.1..~G ....Jot-O::: w I-t-....J~ (/)::coo WC>OLO s:~c>C t- U <( I?= A EXttBIT " I I Page rLof ~ ,--.... z o I- <( W ~ U w a::: '-" EXISTING 1 0' DRAINAGE EASEMENT OR BOOK 1 007, PAGE 1732 19 20 o 20' DRAINAGE EASEMENT OR BOOK 3092, PAGE 168 "E" BLOC I- U <( 0::: t- .. .. C) .. .. NORTH PL_A T BC)OK ~~APL_ES HI(~HLANDS 3 P AC:;E 1? Y:: U o -! IT) ,--.... I- :r:<( I-....J 0:::0- 00::: Zw 1-0- Ww w:::) O:::z I-w (j)> I<( ~o .-0::: I') '-" . FRANK WHITEMAN BOULEVARD ALL THAT TRACT Of LAND S1TUA 1E IN SECllON 22, TOWNSHIP 49 SOUTH, 25 EAST, COWER COUNTY FLORIDA. MORE PARllCULARIL Y DESCRIBED AS FOLLOWS: THE SOUTHERLY 10 FEET OF THE EASTERYl. Y 160.80 FEET Of TRACT -E- (COMMON AREA) OF HEMINGWAY PLACE AS SHOWN Of THE PLA T THEREOF RECORDED IN PLAT BOOK 39 AT PAGE 22 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA. CONTAINING 0.04 ACRES MORE OR LESS. SUBJECT TO ANY EASEMENTS OR RESTRICllONS OF RECORD. 19 20 "F" BLOC I \ NOT VALID UNLESS SIGNED AND SEALED wrrH THE EMBOSSED SEAL OF A PROFESSIONAL SURVEY~ MAPPER TITlE: SKETCH AND DESCRIPTION GENERAL NOTES' PREPARED . 14TH STREET OUTFAU IMPROVEllENTS DATE 0. " Z'#. PARCEL -3- DANIEL J REGAN, P COLLIER COUNTY STOlUlWATER MANAGEMENT DEPT. PROFESSIONAL SURVEYOR AND MAPPER FL. REG 6331 PMP. In":. D.It DAlE:. 1O/03~ PRD.ECT No. -.. "'" '" 05039 atrOlID I'I'!; DAlE: lIIHZO\ITAt. sc.u: ," - 50' encAL sc.<<u: N.A. o,,~ SHEET: BOARD OF COLLIER COUNTY COMMISSIONERS TRANSPORTATION SERVICES DMSION ROAD MAINTENANCE DEPARTMENT 2680 SOUTH HORSESHOE DRrVE NAPLES. FLORIDA. 34104 (941) 609-0791 1 OF 1 10/03/2005