Parcel 729
PROJECT: Collier Blvd. Project #60001
PARCEL No(s): 729
FOLIO No(s): 61850007182
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this fI/ day of ~~ J , 2007, by and between, NAPLES
HERITAGE COMMUNITY DEVELO MENT DISTRICT, a special district created
pursuant to Chapter 190, Florida Statutes, whosemailingaddressisc/oMr.Cal
Teague, District Manager, 5726 Corporation Circle, Ft. Myers, Florida 33905,
(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 Temporary
Construction 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, for purposes of pavement markings in the area; 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. 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.
6. 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.
7. 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.
8. 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.
Acquisition Approved by BCC pursuant to Resolution No. 2005-431approved on the
1311i day of December, 2005, agenda item no. 10E.
AS TO PURCHA~ER:
DATED: I.J-I'"/-() 1
ATTE$T: ,
DWIGHT E..BROCK, Cl.erk
A
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Ifon.tlll"t ~ t' , " '
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, '.,'
BOARD OF COUNTY COMMISSIONERS
:~LlIE~~
JAM COLETTA, Chairman
.,,' I
AS TO OWNER:
DATED:
7(~
Witness (Signat e)
!CCfl/rlfr/1 A. G";al,vlf"it
Name (Print or Type)
NAPLES HERITAGE COMMUNITY
DEVELOPMENT DISTRICT, a special
District created pur~t to Chapter 190,
Florida)3jatutl?S1 {i .
/./ ~ \'. t</1I~,
BY: /'
(Signature)
7aZR. v. Ur?ZPK.'l:J/
(Print NamelTitle)
/; itness (Signatur )
~c.?l&-At...r> . G.. ~#\~
Name (Print or Type)
Approved as to form and
legal sufficiency:
kv~
Ellen T. Chadwell
Assistant County Attorney
Last Revised: 2/1107
Parcel 729
TRACT GC6
3M
NAPLES HERITAGE GOLF &
COUNTRY CLUB
PHASE ONE
PLAT BOOK 26
PAGES 73-80
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GRAPHIC SCALE
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NAPLES
HERITAGE DRIVE
(60' R/W, C.U.E.,
O.E.)
TRACT R
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Legal Description
A portion Tract R, Naples Heritage Drive, Naples Heritage
Gorf & Country Club, Phase One, as recorded in Plot Book
26, Pages 73-80 of the Public Records of Collier County
Florida, being more particularly described os follows.
Beginning at the southeasterly corner of said Tract R, said
paint also lying on the south right-of-way line of Naples
Heritage Drive, and the beginning of a curve to the left, of
which the radius point lies South 50018' 19" West, 0 radial
distance of 50.00 feet and having 0 chord bearing of North
59049'25" West, a chord distance of 34.41 feet; thence
northwesterly along said south right-at-way line and the
arc, through a central angle of 40'15'29", a distance of
35.13 feet; thence leaving said line North 00'50'44" East. 0
distance of 26.65 feet; thence North 89009' 16" West, 0 distance
af 99.89 feet: thence Narth 00'50'44" East. a distance of 24.00
feet; thence South 89008'58" East, 0 distance of 10.00 feet;
thence South 00050'44" West, a distance of 8.00 feet; thence
South 89'08'58" East, 0 distance of 104.89 feet; thence North
00"50'44" East, 0 distance of 8.00 feet; thence Sauth 89008'58"
East, 0 distance of 15.00 feet to 0 point on the easterly line
said Tract R; thence South 00"50'44" West along said easterly
line. a distance of 67.49 feet to the POINT OF BEGINNING.
Containing 3,259 square feet ar 0.0748 acres, more or less.
CURVE
C20
CHORO BRG.
N59'49'25"W
CURVE TABLE
LENGTH TANGENT
35.13' 18.32
DELTA
40'15'29"
CHORO
34.41'
Rev
Rev
Rev
Rev
Revised per CH2MHILL
Revised per CH2MHILL
Revised per CH2MHILL
Revised per CH2MHILL
01/07
12/06
11/06
04/06
I
NOTES:
1. This;s not a survey.
2. Basis of bearing is the West line of
County Rood 951 (C,R. 951) being S
00'50'44" W, Florida State Plane Coordinates
NAO 83/90, East Zone.
3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon are per plat,
unless otherwise noted.
5. Dimensions are in feet and decimals
thereof.
6. Certificate of authorization LB 43.
7. R/W represents Right-of-Way.
8, P.O.B. represents Point of Beginning.
9. P.D.C. represents Point of Commencement.
10. O.R. represents Official Records.
11. L.B.E. represents Landscape Buffer
Easement.
12. U,E. represents UtjJity Easement.
13. F,P.L.E, represents Florida Power & Light
Easement.
14. D.E. represents Drainage Easement.
15. S.E. represents Sidewalk Easement.
16, P.U.E. represents Public Utility Easement.
17. C.U.E. represents County Utility Easement
DAVID J. H'(, T, .M, (F"OR THE FIRM)
FLA. LlC. N . 5834
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LlCENSf:D
SURVEYOR AND MAPPER
This is NOT a Survey,
WiI.Miller -"'='~"\=-M
"....... ~.~.~ '~ArcnIQ. T/'lInIplrtIIbnc-A".
............Inc.
.u:u...,....ItXJ.................:J<<JUt!w."'- ~.,..",..lfH4N.1M-a, _..........._
I'llO.IICr NO; IHEEI' ~ INDEX NO; _
N6015-S0U-OOl 729 OF X lC-41
Apr 06, 2006 - 08:17:20 TOS80RNElx:\SUR\collier blvd\CH2MHill\ lC-41\Club Estoles Drive-DOYis.dwg
1--/;l-- 0 '1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures. dates, and/or information needed. If the document is already complete with the
ex 'on of the Chairman's si nature, draw a line throu h rautin lines #1 thrall #4, com lete the checklist. and forward to Sue Filson line#5 .
Office Initials
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is fie ded in the event one oftne addressees above, including Sue Filson, need to contact staff for additional or missing
~nformation. All original documents nee fin the BeC Chairman's signature are to be delivered to the BeC office only after the BCC has acted to approve the
Item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,
2, All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3, The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
4, "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si ature and initials are re uired.
5, In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
6, The document was approved by the Bee on - (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne 's om e has reviewed the chan es, if a lieable,
in t1;e BMR Real Property Folder. Thank you
,imIIi~~"naI9.03.04, Revised 1.26.05, Revised 2.24.05 (/tW.1 ~UJ
PtJ. &.IA.kAL :kai-J S-mirk-- ~1v.
l.
2.
3,
4,
5, Sue Filson, Executive Manager
Board of County Commissioners
6, Minutes and Records
Clerk of Court's Office
Phone Number
Agenda Item Number
N umber of Original
Documents Attached
I: Formsl County Forms! BCC Fomlsl Origin
~Jl~'
f
N/A(Not
A licable)