Parcel 106DE PROJECT: GRASIP #60196
PARCEL: 106DE
FOLIO: Portion of 30180120003
AGREEMENT
THIS AGREEMENT (hereinafter referr�d to as the "Agreement") is made and
entered into on this day of rt- r , 2020, by and between EAGLE
CREEK GOLF AND COUNTRY CLUB, INC., a Florida not-for-profit corporation, whose
mailing address is 11 Cypress View Drive, Naples, FL 34113-8014 (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 an 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
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
Easement 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 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."
Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easement, 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. 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
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. 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 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.
7. VENUE - 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: Siciaaite
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA
Circu. Court.�&Cd roller
_. y.
Deputy-Clerk " t{es'tas to�iairman S Burt L. Saunders, Chairman
Last Revisd:January 16` ..O41,106ure only.
AS TO OWNER:
DATED: If act EAGLE CREEK GOLF AND COUNTRY
CLUB, IN ., a Florida s • sr-profit
corporapi n
OP, r.__ <r BY:
Witness (Signature) j)rinted n m_
������ / Title: ‘&25,d_76,14—
A 5\ cuk
Name (Print or Type)
fitness (Signature)
Name (Print or Type)
Approved as to form and legality:
\"1 .0
Jennifer A. Belpe
Assistant County Attorney
Last Revised:January 16,2020
( - l i
P.O.B. Li
1 NI1 LINE TABLE LEGEND
LINE LENGTH BEARING
ip L1 12.86 N89'19'08"E P.O.B. = POINT OF BEGINNING
0 L2 15.00 S80'56'51"W P.O.C. = POINT OF COMMENCEMENT
u3 mom O.R. = OFFICIAL RECORDS BOOK
I0' 75' 150' CO = DRAINAGE EASEMENT
p SCALE: 1" = 150'
IN
\ , v$0 N
I / N NOTES
m 1. BEARINGS SHOWN HEREON REFER TO THE EAST RIGHT-OF-WAY LINE OF
30' 30' A BAREFOOT WILLIAMS ROAD, LOCATED IN SECTION 4, TOWNSHIP 51 SOUTH,
/ RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BEING N 09'03'29" W.
1f\o,
I EXISTING CHAIN 2. DIMENSIONS SHOWN HEREON ARE IN UNITED STATES SURVEY FEET AND
LINK FENCE DECIMALS THEREOF.
I3. PARCEL LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
1 COLLIER COUNTY, FLORIDA.
8 , > LEGAL DESCRIPTION
T G' A PORTION OF "GOLF COURSE WEST", EAGLE CREEK COUNTRY CLUB, AS
p , o r G) RECORDED IN PLAT BOOK 14, PAGES 1 THROUGH 5, OF THE PUBLIC
--1 I O m 0 RECORDS OF COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY
n r DESCRIBED AS FOLLOWS:
c- ,� - m
BEGINNING AT THE NORTHWEST CORNER OF "GOLF COURSE WEST", EAGLE
v 7�
H
I. , > c%A CREEK COUNTRY CLUB, AS RECORDED IN PLAT BOOK 14, PAGES 1 THROUGH
I N m 0 N 5, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN
CP Ato Z m NORTH 8919'08" EAST ALONG THE NORTH LINE OF SAID EAGLE CREEK
0 IZpa. `.- -1 m COUNTRY CLUB FOR 12.86 FEET; THENCE RUN SOUTH 09'22'42" EAST, FOR
773
> `O I U• A DISTANCE OF 406.73 FEET; THENCE RUN SOUTH 09'03'29" EAST, FOR A
0' ow0
7/ r-, DISTANCE OF 1011.23 FEET; THENCE RUN SOUTH 80'56'51" WEST, FOR A
DISTANCE OF 15.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF BAREFOOT
0 0
- ' `4 o G') o' WILLIAMS ROAD; THENCE RUN NORTH 09'03'29" WEST, ALONG THE EAST
RIGHT-OF-WAY LINE OF SAID BAREFOOT WILLIAMS ROAD, FOR A DISTANCE
@I� -' on OF 1419.82 FEET TO THE POINT OF BEGINNING.
I' \�w
1 /`+ CONTAINING 20,818 FEET, MORE OR LESS.
- . o
o SIGNED 3-28-2020 RECD 03-30-20
I �� N -' . - TE - ROW
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‘11.
-J' PSM #6405
IJUAN ARAQUE STATE OF FLORIDA
Iiii
, EXISTING CHAIN / EXHIBIT "A"
7N< FENCE SKETCH AND LEGAL DESCRIPTION
DRAINAGE EASEMENT
\ , EAGLE CREEK COUNTRY CLUB
II
COLLIER COUNTY, FLORIDA
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' / KV F Y DRAWN: JA
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CHECKED: JA
'
5OLUTJON3
I ..\\ SCALE: 1" = 150'
LAND SURVEYORS AND MAPPERS L.B. 7862 DATE: MARCH 28, 2020
i 1.2 www.surveyflorida.com
EAST RIGHT-OF-WAY 7422 MELDIN COURT FILE: BAREFOOT-DE
1 f LINE OF BAREFOOT NAPLES, FLORIDA 34104 SHEET 1 OF 1
IWILLIAMS ROAD PHONE: 239-595-7632