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Parcel 106, 107 and 108 PROJECT: 60044 PARCEL Nos.: 106, 107 and 108 FOLIO Nos.: 00209961102, 00210650004, 00210660201 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ()c~ day ofD(~c F/'-((~ t- r<-- , 2006, by and between THE BRYAN W. PAUL FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, whose mailing address is PO Box 2357, Labelle, Florida 33975 (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 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 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 Warranty Deed) 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 Agreememt shall be null and void, and of no further force or effect, unless Closing shall occur within ninety (90) 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 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. 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 agreHments, 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: \-ID-aoOl-_ A TTEST::t j DWIGHT E.-SROCK, Clerk , ' ~; ~~~~rk 11on.turf Oftl- BOARD OF COUNTY COMMISSIONERS COLLIER COU~RIDA BY: ~ ~/ FRANK HALAS, Chairman AS TO OWNER: WITNESSES: If (L'Cf<~L Witness ignature) THE BRYAN W. PAUL ~~~~~~ITED PARTNERSHIP, a Flori~l partnership By:e~ (Signature) Name: 'DyLVjAtJ l'\.,l R:t.oJ- (Print) Title: 6th.,",.] Pa.tff1.oL- (Print Title) Name:/ /;;//11/ f)UL/IJ . (/ (Print) Approved as to form and legal SUffiCie7Y: t--- bLck Heidi F. Ashton Assistant County Attorney r~ " "" LEGAL DESCRIPTION AND SKETCH Road Right-of-Way Taking, Parcel No.1 06 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 13, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the southeast corner of said Section 13; thence S 88'50'05" W along the south line of the Southeast Quarter (SE 1/4) of said Section 13, said south line also being the existing center line of Oil Well Road (C.R. 858), for 2.10 feet; thence leaving said south line N 01'09'55" W for 50.00 feet to an intersection with the existing north right-ot-way line of said Oil Well Road and to the southeast corner of Orange Blossom Ranch Phase 1 A subdivision as shown in Plat Book 45, pages 58-61, of the Public Records of Collier County, Florida; thence S 88'50'05" W along said north right-of-way line, and along the south line of said subdivision, for 1856.23 feet to the southwest corner of said subdivision and the Point of Beginning; thence leaving said south line and continuing along said north right-of-way line S 88'50'05" W for 821.81 feet; thence continue along said north right-of-way line S 89'35'33" W for 1051.57 feet to the southwest corner of lands described in Official Records Book 3098, Page 3331, of the said Public Records of Collier County; thence leaving said north right-ot-way line N 00'29'15" W along the west line of said lands for 75.00 feet; thence leaving said west line N 89'35'33" E for 1051.18 feet; thence N 88'50'05" E for 867.95 feet to an intersection with the westerly boundary of said Orange Blossom Ranch Phase 1 A subdivision; thence S 00'04'58" W along said westerly boundary for 30.01 feet; thence continue along said westerly boundary S 44'27'31" W for 64.34 feet to the Point of Beginning. Containing 3.288 Acres, more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being S 88'50'05" W for the south line ot the Southeast Quarter (SE 1/4) of Section 13, Township 48 South, Range 27 East, Collier County, Florida. LEGAL DESCRIPTION AND SKETCH PREPARED BY McKlM&CREED, PA STATE OF FLORIDA CERTlF'CATE OF AlJTHORIZATlON No. LB 6566. SHEET 1 OF 2 CLIENT: COLLIER CO. / CH2MHILL DATE: SEPTEMBER 6, 2006 ,~~~:~-~-,.. ':~'"- ; ~ ~-" _.-, .."../ii:jrl((r. " /-;;5\<\~~ :...,.-:: ~.~~(..: ' ;:! ':",:, 1', .#.. t' . .;it:':::' ~;~.,~, .1/1 ~. ':;,"';)/ NIL? A. .4~ JEFFREY M:' STILL - PROFESSIONAl SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 PROJECT: OIL WELL ROAD ~ 1vH<IM:e"CREED * ~;" I 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275-8875 Fax: (239) 275-7029 FLORIDA CERTIFICATE OF AlJTHORIZATlON No. LB 6566 INTERNET SITE: HITP:/NMW.MCKIMCREED.COM ::.- " ..:"iii ;;:;;i':: N 01'09'55" W 50.00' SOUTHEAST CORNER OF ORANGE BLOSSOM RANCH PHASE 1 A SUBDIVISION --- P.O.C, \ SE CORNER OF SECTION 13-48-27 P.1. STATION 118+41.99 S 88'50'05" W 2.10' S 88'50'05" W 1856.23' S 44"27'31" W 64.34' P.O.B. SOUTHWEST CORNER OF ORANGE BLOSSOM RANCH PHASE 1 A SUBDIVISION ORANGE BLOSSOM RANCH PHASE 1A PLAT BOOK 45, PAGES 58-61 RIGHT-OF-WAY LINE ---- f- o <( g: HAWTHORN ROAD TRACT "c" ~ I S01'09'55"E ~ in 99+83.69 ..- CO 0 50.00' a ..- L() C'J Co CO co (f) ~I . . 1"-. ~I . . wi LEGAL DESCRIPTION AND SKETCH Road Right-of-Way Taking, Parcel No.1 06 (This is not a Field Survey) 3: SOUTH LINE OF THE ----- SOUTHEAST QUARTER OF SECTION 13-48-27 (EXISTING CENTER LINE OF Oil WEll ROAD) ~ . Ln. bl ~, co, :1 , , I L() o w o z ~ :J co w co (f) <( (f) m >- w > a:: :::> (f) ----!~ " 200 0 200 SCALE 1" = 200' 75'OO'l , , SOUTH QUARTER CORNER OF SECTION 13-48-27 ~ P.I. STATION 91+61.57 ............ CO L() CO 0: o -- w z :J >- ~ I LL o I f- :r:: (:) Ct: I , I ro' ..- , ~I ..- , , O.R. BOOK 309S PAGE 3331 , o a: -1 -1 ~ W ~ S L() o -1 - o I , w' ~I 1"'), Ln' ~I co, z' I , /~ , , I SOUTH LINE OF THE 3: ___ SOUTHWEST QUARTER I"') OF SECTION 13-48-27 1"')::;: (EXISTING CENTER LINE Ln OF Oil WEll ROAD) ~ ir) (J) 1'0 co in ~ (f) O'l co (f) P.O.8. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS 11 = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS 3.288:t ACRES SOO'24'27"E 81+09.69 50.00' N 00'29'15" W / O.F~. BOOK 1433 PAGE 509 N 00"29'15" W 75.00' SHEET 2 OF 2 ~ l\H<IM:e~CREED * CLIENT: COLLIER CO. / CH2MHILL 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275-8875 Fax: (239) 275-7029 FLORIDA CERTIFICATE OF AUTHORIZATION No. LB 6566 INTERNET SITE: HTTP://WWW.MCKlMCREED.COM PROJECT: OIL WELL ROAD DATE: SEPTEMBER 6, 2006 , . . , , . .!" LEGAL DESCF~IPTION AND SKETCH Road Right-of-Way Taking, Parcel No.1 07 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 24, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 24; thence N 89'35'33" E along the north line of the Northwest Quarter (NW 1/4) of said Section 24, said north line also being the existing center line of Oil Well Road (C.R. 858), for 1928.36 feet; thence leaving said north line S 00"24'27" E for 50.00 feet to an intersection with the existing south right-of-way line of said Oil Well Road and the Point of Beginning, said point also being the northwest corner of land$ described in Official Records Book 3098, Page 3336, of the Public Records of Collier County, Florida; thence N 89"35'33" E along said south right-of-way line for 720.00 feet to the northeast corner of said lands; thence leaving said south right-of-way line S 00'29'16" E along the east line of said lands for 25.00 feet; thence leaving said east line S 89"35'33" W for 720.03 feet to an intersection with the west line of said lands; thence N 00"24'27" W along said west line for 25.00 feet to the Point of Beginning. Containing 18,001 square feet (0.413 acres), more or less. Basis of bearings based on the Florida State Plane Coordinate System, East Zone, NAD 83/99 being N 89"35'33" E for the north line of the Northwest Quarter (NW 1/4) of Section 24, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIP1l0N AND SKETCH PREPARED BY McKIM&CREED, PA STATE OF FLORIDA CERTlFICATE OF AUTHORIZATlON No. LB 6566. CLiEr>JT: COLLIER CO. / CH2MHILL ~ ~&CREED ~ 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275-8875 Fax: (239) 275-7029 FLORIDA CERTlFICATE OF AUTHORIZAllON No. LB 6566 INTERNET SITE: HTIP:/NvWW.MCKIMCREED.COM ~~=\:,~~"":'\. -~. \ ,J.'H1d'$v . '. /,:~,~\;Z.,;~: ~.,~ :' ::~> ~;;' (:=~ ,,~p ~~-~ ':--,~' -, . t:'--:> ~ A~ 4'~ JEFFREY M. LL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATlON LICENSE No. LS 6389 PRO,IECT: OIL WELL ROAD DATE: SEPTEMBER 6, 2006 t}) :~. ';" . .~ NORTH QUARTER CORNER ~ OF SECTION 24-48-27 P.1. STATION 91+61.57 I S 00"29'16" E 25.00' O.R. BOOK 3098 PAGE 3339 S 00'29'16" E SOO'24'27"E I 91+31.90 I 50.00' ............ CO w LO z CO :J >- , <( a: :;:: I 0 lL. 0 '-' ~ , :J: 0 '-' 1E a: ..J I ..J W I S 0 f.0 ..J 0 0 - 0 0 0 ("oJ N ,...... ,...... LEGAL. DESCRIPTION AND SKETCH Road Right-at-Way Taking, Parcel NO.1 07 (This is not a Field Survey) ---1 ~ ( 80 0 80 - SCALE 1" = 80' NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 24-48-27-____ (EXISTING CENTER LINE OF Oil WEll ROAD) w ;..., 10 In t'I OJ 0Cl Z w 3: O.R. BOOK 3098 n f.0 PAGE 3336 n I~ Lo ~ I~ m !Xl co Z (f) w Z :J w (f) <( a:J >- ~ 0::: :::> (f) r--- 25.00' I 18,001 :t SQUARE FEET P.O.B. - :" _ ~ I \ N O~~~~r W I0w ~ ~ r: I SOO'24'27"E t'I ~ 84+11.91 ~ ~ I 50.00' ~ RIGHT-OF-WAY LINE N 00'24'27" W ORANGETREE ASSOCIATES (ROBERTO BOll T, TRUSTEE) P.O.C. NW CORNER OF SECTION 24-48-27 P.1. STATION 64+83.59___ P .O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS A = ANGLE l = lENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS SHEET 2 OF 2 :Q :M=KIM&CREED ~ 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275-8875 Fax: (239) 275-7029 FLORIDA CERllFICATE OF AUTHORIZA1l0N No. lB 8586 INTERNET SITE: HTIP:/NNJW.MCKIMCREED.COM CLIENT: COLLIER CO./CH2MHILl PROJECT: Oil WELL ROAD DATE: SEPTEMBER 6, 2006 .,.. . r. " LEGAL DESCHIPTION AND SKETCH Road Right-at-Way Taking, Parcel NO.1 08 (This is not a Field Survey) DESCRIPTION A parcel of land lying in Section 24, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the northwest corner of said Section 24; thence N 89.35'33" E along the north line of the Northwest Quarter (NW 1/4) of said Section 24, said north line also being the existing center line of Oil Well Road (C.R. 858). for 1928.36 feet; thence leaving said north line S 00.24'27" E for 50.00 feet to an intersection with the existing south right-of-way line of said Oil Well Road; thence N 89.35'33" E along said south right-of-way line for 720.00 feet to the northwest corner of lands described in Official Records Book 3098, Page 3339, of the Public Records of Collier County, Florida, and the Point of Beginning; thence continue along said south right-of-way line N 89.35'33" E for 30.00 feet; thence continue along said south right-of-way line N 88'50'05" E for 609.37 feet to the northwest corner of Orange Blossom Ranch Phase 1 B subdivision as shown in Plat Book 45, Pages 67-71, of the said Public Records of Collier County; thence leaving said south right-of-way line S 01'09'55" E along the westerly boundary of said subdivision for 25.00 feet; thence leaving said westerly boundary S 88.50'05" W for 609.53 feet; thence S 89035'33" W for 30.13 feet to an intersection with the west line of aforesaid lands; thence N 00'29'16" W along said west line for 25.00 feet to the Point of Beginning. Containing 15,988 square feet (0.367 acres), more or less. Basis of bearings based on the Florida State f::>lane Coordinate System, East Zone, NAD 83/~39 being N 89.35'33" E for the north line of the Northwest Quarter (NW 1/4) of Section 24, Township 48 South, Range 27 East, Collier County, Florida. SHEET 1 OF 2 LEGAL DESCRIPTION AND SKETCH I'REPARED BY McKlM&CREED, PA STATE OF FLORIDA CERTIFICATE OF: AUTI-IORIZATlON No. LB 6566. CLlEI\lT: COLLIER co. I CH2MHILL ----.. ~.., '''~' ......, .,,:''.;.R'0Y Nf. ,,\ \ --;-:-. </~ 't.,,~,. I r:;" ~T4 /lW /' _ I, f ,t;) . . v:,.ll J (/.) " 0 -:/. I, :1 ~'. "'.\.:Jv.;,t'~" '..:;..~., .(. I, ." I> ; , I .'.l?: j:~ ~~ ,> ~;;\ v:J - t:~5 -'.. ~-.. ~ , ~~\.C~:f: T "~i:::/ ';J ~ ',' ~) L i '" . '" 'll. ._ . c'? l "'I ".' " _:- \ \ \ u tN' V C ~{\.. \ -4. \- '\. .... .~..... <,-- ~ ~- A- -~ JEFFREY M. MILL - PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION LICENSE No. LS 6389 PROJECT: OIL WELL ROAD DATE: SEPTEMBER 6, 2006 6241 ARC WAY FORT MYERS. FLORIDA, 33912 PHONE: (239) 275-8875 Fax: (239) 275-7029 FLORIDA CERTIFICATE OF AUTI-IORIZATlON No. L8 6566 INTERNET SITE: HTTP:/tWWW.MCKIMCREED.COM ...' .', . . NORTHWEST CORNER OF ORANGE BLOSSOM RANCH PHASE 1 B SUBDIVISION S01'09'55"E 97+ 70.60 50.00' ..- CO LO CO ([ o ............ NORTH LINE OF THE ____ NORTHEAST QUARTER OF SECTION 24-48-27 (EXISTING CENTER LINE OF OIL WELL ROAD) N 89'35'33" E 30.00' NORTH QUARTER CORNEf~ ~ OF SECTION 24-48-27 P.I. STATION 91+61.57 SOO'24'27"E 91+31.90 50.00' , o ([ --' --' W S --' o NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 24-48-27 (EXISTING CENTER LINE OF OIL WELL ROAD) -~ P.Q,C. NW CORNER OF SECTION 24-48-27 P.1. STATION 64+83.59____ 0::: '0 . l- I- 0 0 <: <: 0:: ~ I- ORANGE BLOSSOM RANCH PHASE 1B I::>LAT BOOK 45, PAGES 67-71 TRACT "L-1 a" \Ls I I 01.09'55" E 25.00' w z :J >- <: 3: I !.L- a ~ I '" 0:: WESTERLY LINE OF ORANGE BLOSSOM RANCH PHASE 1 B SUBDIVISION I LEGAL DESCRIPTION AND SKETCH Road Right-at-Way Taking, Parcel NO.1 08 (This is not a Field Survey) r- b 1'0 (J) --3: $ " 0 0 to 80 0 80 r""""""1 SCALE ," = 80' w ~ I~ o 1"0 I~ O.R. BOOK 3098 PAGE 3339 w Ln o o ~ 0Cl 0Cl Z Ln o '0 LO i:o co z w z :J w C/) <: rn >- ~ 0:: :::l C/) 1 I 25.00' 15,988:!: SQUARE FEET I 1 S 89.35'33" W ~ 30.13' S 00'29'16" E 00.29'16" W 25.00' O.R. BOOK 3098 PAGE 3336 :" _~---- RIGHT-OF-WAY LINE l")co l")l") ~ cri I SOO'24'27"E en g; 84+11.91 ~ .- I 50.00' P.O,B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS tJ. = ANGLE L = LENGTH Ch = CHORD CB = CHORD BEARING O.R. = OFFICIAL RECORDS SHEET 2 OF 2 6241 ARC WAY FORT MYERS, FLORIDA, 33912 PHONE: (239) 275-8875 Fax: (239) 275-7029 FLORIDA CERllFICATE OF AVTHORIZATlON No. LB 6568 INTERNET SITE: HTTP:/MIWVv'.MCKlMCREED.COM CLIENT: COLLIER CO. / CH2MHILL ~ ~&CREED * PROJECT: OIL WELL ROAD DATE: SEPTEMBER 6, 2006 MEMORANDUM DA TE: J anuary~, 2007 TO: Ms. Sue Filson, Executive Manager FROM: Margaret J. Kreynus, Senior Acquisition Specialist RE: Purchase Agreement Oil Well Road, #60044, Parcel Nos, 106, 107 and 108 The Bryan W. Paul Family Limited Partnership Attached is a copy of the Donation Agreement ready for execution by Chairman Frank Halas. This represents a settlement for the County. Resolution No. 2006-107, adopted by the Board of County Commissioners on April 25, 2006 (agenda item no. lOA), authorized the acquisition of easements and/or fee simple parcels required for the construction of the four and six lane improvements to Oil Well Road, and further authorized its Chairman to execute various Agreements on behalf of the Board. Please ask Chairman Halas to execute the attached Donation Agreement on behalf of the Board of County Commissioners and forward to the Clerk of Minutes and Records for attestation. Thank you.