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Parcel 108 Project: 65061 B-Tree Farm / Woodcrest Road Parcel: 108 Folio: 00192240008 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this / day of TLAO)€ , 2007, by and between HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a Florida not-for-profit corporation, whose mailing address is 11145 Tamiami Trail E., Naples, Florida 34113-7906 (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 simple interest in that certain portion of property more particularly 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 instrum~nts, 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 ~ubordinate 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, Declarant has caused these presents to be executed the date and year first above written. Acquisition Approved by BCC pursuant to Resolution No. 2007.50 approved on the 2ih day of February, 2007, agenda item no. 10D. AS TO COUNTY: QA'T'ED: ~'" ,3- 0 1- , A TIEST: ~~\tA~'l>L Attest' U'tl)' 'Ch41~P,uty Clerk sj~.2tuNl 0111. BY: J AS TO OWNER: DATED: 6 - 6 -- CJ '7 f/Ld~/7 I,Z;~?U- Witness (SIgnature) illicJ.() I(b T \<t (A \ () lH'YO ',) N (Print or Type) re) '?~ Name (Print or Type) Approved as to form and legal sufficiency: I/L l/~ --Ellen T. Chadwell Assistant County Attorney SKETCH AND THIS IS LEGAL DESCRIPTION NOT A SURVEY .!. s ~ -~\ Ii",' POINT OF lIEGINIlING ~ o I 150 10D 150 200 , I 0....," """ l~ .. 200' UNPLATTED L~ ~ ~",,'c\\~((. ~ ?&~.Y THE SOUTH HALF OF THE EAST HALF OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST Q '" o '" ~ U> II .. s. c;f A- I LZ UNPLATTED PARCEL 108 FEE SIMPlE INTEREST LEGAl DESCRlpnON (SUBJECT PARCEL): A PARCf:L OF LAND LYING IN SECTION 26. TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLliER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COUMENClNG AT THE EAST 1/4 CORNER Of SECTION 26, TOWNSHIP 46 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA; THENCE ALONG THE EAST UNE OF SAID SECTION 26. S.02'1S'34NE. FOR 668,96 FEET TO THE POINT Of BEGINNING or A PARCEL DESCRIBED HEREIN; THENCE CONTINUiNG ALONG SAID EASl UNE. S.02'18'34.E. FOR 668.96 FEET TO THE NORTH UNE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 26: THENCE DEPARTING SAID EAST UNE AND ALONG SAID NORTH UNE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4. S,89"59'17"W, fOR 35.00 FEET, THENCE LEAVING SAID NORlH UNE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4. N.02'18'34.W. FOR 668.96 FEET; THENCE N,89"S9'4()"E. fOR 35.00 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 2.3,415 SQUARE fEET OR 0.5 ACRES. MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EAST UNE OF SECTION Z6. TOWNSHIP 48 SOUTH. RANGE 26 EAST. AS BEING 5.02'8'34.E" IN THE FLORIDA STAlE PLANE COORDINATE S'tSlEM, EAST ZONE. 1983 NORTH AMERICAN DATUM. (1999) ADJUSTMENT. RWA. INC. lAND SUR\IEl'ORS " MAPPERS 6610 WILLOW PARK DRIVE SUITE 200 NAP ,flORIDA 34109 ER LS# 6Z78 3/Z0/07 DATE OF SURVEY D'llA INC'~~n CONSULTING CivilEnglneenng .&. '-, '.L .... Smvoyjng & Mapping DATE: CLIENT: 03/Z0/07 ""'" 1"-200' -- "", TITLE; MAS CHECKro BY: JJH Sf:c: TWP: RGE; PROJECT 26 4BS 26E NUMBER: 030191.00.01 UNPLATTED WEST LINE OF THE EAST 1/2 OF THE EAST 112 OF THE SOUTHEASTi/4 OF SECTION 26 . I \ \ LINE L1 l2 L3 l4 LINE TABLE BEARING S0218'34"E S89'S9"7"W NOZ"8'34"W N89'59' 40"E LENGTH 668.96 35.00 666.96 35.00 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. 6610 Willow Patk Drive, Suile200 Naples,Fforida34H19 Phone: (23D) 597.(J575 FAX: {~91597.()578 LEGAL DESCRIPTION AND SKETCH SHEET NUMBER: 1 OF 1 FILE NUMBER: AS04