Parcel 170AE PROJECT: 50169 - Lake Kelly Outfall
PARCEL: 88888 - 170AE
FOLIO: 00394520005
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this day of Oc-1-z7\ -e R , 2021, by and between ADAM E.
SAMMONS, a single man, and FRANCES E. COFFEE (f/k/a Frances E. Sammons), a
married woman, as joint tenants with full rights of survivorship, whose mailing address is
3255 Barrett Avenue, Naples, Florida 34112 (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 a perpetual,
non-exclusive Access Easement without responsibility for maintenance 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. RESPONSIBILTY FOR MAINTENANCE — County shall have no obligation or
responsibility to construct any improvements within the Easement Area.
Additionally, County shall have the right, but have no obligation or responsibility to
maintain any improvements that are constructed within the Easement area.
3. 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.
4. 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.
5. 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 costs
and/or 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 costs and/or
processing fees."
6. 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.
7. 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.
8. VENUE - This Agreement is governed and construed in accordance with the laws
of the State of Florida.
Signatures appear on the following page
OyJ
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: ►o fa,A
ATTEST: ,;, BOARD OF COUNTY COMMISSIONERS
CRYSTAL K KI-NZE.L, Clerk of the COLLIER 0 TY, FLORIDA
Circuit Court &Comptroller
BY: Q/11.441
Deputy Clerk ueSt 0 PENNY TAYLOR, Chairman
signatu. only.
AS TO OWNER:
DATED: IoJzz J2 I
Witne Sign ) ADAM E. S ONS
6.7/M10 Lip
Nam (P int or Type)
s g ure)
1\katirSLA iNA
Name (Print or Type)
Witness4Signature) FRANCES FFEE
N Pftc.E
Name (Print o Typ=
Witness ( •nature)
Na ►e (Print or Type) Approved
as to form and legality:
Jennifer A. Belpedio C
Assistant County Attorney \ Oa,,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA
Circuit Court & Comptroller
B . BY:
De. t Clerk PENNY TA ,s R, Chairman
AS TO OWNER:
DATED:
Witness (Signature) M E. SAMMONS
Name (Print or Type)
Witness (Si. ature)
Nam- (Print or Type)
3
Witness (Si ature) FRANCES E. COFFEE1441-41
Vc rcam-Cord
e nt or Type)
! j46611046
Witness (Signature)
Pne' Bô1di'-
Name (Print or Type) Approved as to form and legality:
Jennifer A. Belpedio C \a-\A
Assistant County Attorney `\5 Oa,
\� 1 J
SKETCH AND DESCRIPTION OF A PROPOSED ACCESS EASEMENT EXHIBIT"A"
PAGE 1 OF
A PORTION OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1189 PAGE 1902,ALL IN
SECTION 13 TOWNSHIP SO SOUTH,RANGE 25 EAST,RECORDED IN THE PUBLIC RECORDS OF
COLLIER COUNTY,FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINING AT A POINT ON THE NORTH RIGHT-OF-WAY OF BARRETT AVENUE.SAID POINT BEING THE '
SOUTHEAST CORNER OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1189 PAGE 1902 RECORDED
IN THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA AND BEING THE POINT OF BEGINNING;THENCE PLAT
ALONG THE NORTH RIGHT-OF-WAY OF BARRETT AVENUE SOUTH 89°48'28"WEST 20.00 FEET;THENCE NORTH
LEAVING SAID RIGHT-OF-WAY NORTH 00°19'12"WEST40.00 FEET AND PARALELLTO EAST PROPERTY GRAPHIC SCALE
LINE OF SAID PARCEL;THENCE NORTH 89'48'28"EAST 20.00 FEET TO SAID EAST PROPERTY LINE; 0 10 90 80
THENCE SOUTH 00°19'12°EAST 40.00 FEET ALONG SAID EAST PROPERTY LINE TO THE POINT OF
BEGINNING.
( IN FEET )
CONTAINING 800.00 SQUARE FEET 1 Inch = 40 ft.
8 1/2 X 14 Not to Scale
SOUTH TAMIAMI HEIGHTS
W d PLAT BOOK 3 PAGE 44
Li a
O.R.5837 I 1 2 27 26
PG.1715 a`W
o
ENCHANTING ACRES
x a MOBILE HOME PARK
LL1 to
O.R.1189 .4 m 0--h O.R.BOOK 1561 PAGE 1886
O.R.5054 O.R.2748 PG.1902 O.R.5468 a 414 a
PG.3182 PG.3422 20.00 w a ° a
PG.2982 N U1
N 89'48'28"E w a w'i^
W Na W O
PROPOSED 20'X 40'
ACCESS EASEMENT Tm. ',L. I z co co z 42 I
'I a cc
-8 8t" W P.O.B. �Il o0
81
0
21•
•
�W TE - ROW
POWEOOOR
•
S 89°48'28"W POLE SEP
3 0 r{ {
20.00 SANITARY SEP 2.021
O.R. BARRETT MANHOLE I I
•
PG.1706 (60'RIGHT-OF-WAY) �20'X 20'UTILITY EASEMENT
O.R.1452 PG.202
I
O.R.5444 O.R.2669 O.R.5506
PG.2082 PG.2735 PG.2305
THIS IS NOT A SURVEY
PREPARED BY:
-' /' .
r
^ �. r
THOMAS J.ANDERSON, . .M. .
FLORIDA SURVEYOR 8 MAPPER LS 5804
GENERAL NOTES: COLLIER COUNTY SURVEYOR
1.DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. COLLIER COUNTY
2.BEARINGS ARE ASSUMED AND BASED ON THE NORTH
RIGHT-OF-WAY OF BARRETT AVENUE BEING SOUTH 89'48'28" Growth Management Department
WEST. Road ABSTRACT NOT REVIEWED. Maintenance Division
4.LEGEND 2885 South Horseshoe Drive,Naples Florida 34104
P.O.B.c POINT OF BEGINNING Phone:239-252-8192
Date: SCALE Project No: File No:
09-28-2021 1"=40' BARRETT AVENUE 21018