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Parcel 108/708 L_ PROJECT: PARCEL No(s): FOLIO No(s): Collier Blvd. #60001 1081708 Portions of 55425016004 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this -5..t:h..- day of O~'nho~ , 2006, by and between COMMERCIAL PROPERTIES SOUTHWEST, INC., a Florida corporation, Successor by Merger to Eagle Consolidated, Inc., a Florida corporation, whose mailing address is 8825 East Tamiami Trail, Naples, Florida 34113 (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 thaI Owner convey to the County a perpetual, non- exclusive Road Right-of-Way, Drainage and Utility Easement over, under, upon and across the lands described in Exhibit "A", attached hereto and made a part of this Agreement, and a Temporary Construction Easement over, under, upon and across land described in Exhibit "B", attached hereto and made a part of this Agreement (said lands described in Exhibits "A" and "B" hereinafter collectively referred to as the "Property"); 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 Road Right-of-Way, Drainage and Utility Easement and a Temporary Construction Easement) is hereinafter referred to as the "Closing." 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions andlor 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. Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to eldend 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 Road Right-of-Way, Drainage and Utility Easement and Temporary Construction Easement recording fees, and any and all costs andlor fees associated wtth 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 beneftt of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, andlor assignees, whenever the conteld 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 exhibtts attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or ora' agreements, undertakings, promises, warranties, or covenants not contained herein. 9, This Agreement is governed and construed in accordance wtth 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, REMAiNDER OF PAGE LEFT INTENTIONALLY BLANK . Agreement AS TO COUNTY: DATED: October 5. 2006 ATTEST: ,Q.WIGl;tT,E, BROCK, Clerk . \I,.;~. ~ ,- r " , o( > ",;- " ,ep leek : A~ It CI\e ll'lllll . sJ 9f\ft1ri 011 h ',' \. v, AS TO OWNER: 'I.: , lo'!,....!'. WITNESSES: JA1/ JF= Wi ness (Sign e) Name:_()\;,IM... (OC:/ /V/' (Print) 013"- Approved as to form and Z~V~ Ellen T, Chadwell Assistant County Attomey Page 3 BOARD OF COUNTY COMMISSIONERS COLLIER C~~:~~7 BY: - Fr;: Hala~~ __ COMMERCIAL PROPERTIES SOUTHWEST, INC., a Florida corporation, Successor by Merger to Eagle Consolidated, Inc., a Florida corporation By: resident Item# 16 F ~,gen<la'\_ -/3 03te/~ - ~:~~D-J B ~ LEL Y (;!,L~TURAL PARKWAY 120' R!W LELY PHASE lWO ['5' U,E. PLAT BOO~ _ PAGES ~3'::-~~-f---- TRACT 0 , c ~ a. z " , 'w I~ ,:;;: Ib I~ OJ') '" , '" U,. ~...... ci'" > . ..JOJ') "'N '" W :::; ..J i 8 ;~ , -----------~ Porcel 108 PARCEL 108 , , I r1 , ~ , I ~ ..J~ I ....'" , I ~~ i ~ I : i ~~~. ANDUTlUTYEr_1T I I , ,: EXH'BIT-/ /I PageL ~-L 4 3M ~ o 2~ so 100 GRAPHIC SCALE I 200 LINE LJl LJ2 L3J RAOIUS 25.00' CURVE TABLE LENGTH TANGENT 28.98' 16..37 DELTA 65' 5' 5" Revised oreo to odd the word feet ccsoo LINE TABLE LENGTH 15.02 42,46 18.84 BEARING 88"08'Jl"W N 0'50'44" E SO ' O'44"W CHORD 27.39' CHORD BRG. o I' Legal Description A portion of Tract D. lely Resort Phose Two, Plot Book 18, Poges 4.3':""45 of the Public Records of Co!ljer County, Florida. Beginning ot the southeost corner of Troct O. Lely Resort Phose Two. Plot Book 1 B, Poges 43-45 of the Public Records of Collier County, rlorida, said point also lying on the westerly right-or-way line of Collier Boulevard thence South 88'08'31" West. a distance of 15.02 feet orong the South line of said Tract 0; thence North 00"50'44" East, 0 distance of 42.46 feet to 0 point on the southerly right-of-way line of Lely Cultural Parkway also bei~g the point of curve of (] nori tangent curVe to the right, of which the rodius pOint lies South 24'25'09" West, a rodiol distance of 25.00 feet and having a chord bearing of South 32"21'53- East, a chord distance of 27.39 feet: thence southeasterly along sok! southerly right-of-way line and the ore, through (] centro! ongle of .66'25'25", (] distonce of2B.9B feet to the Westerly Right-of-Way line of Collier Blvd.; thence South 00'50'44- West, a distance of 18.84 feet to the POINT OF BEGINNING. Containing 536 square feet, more or less. NOTES: 1. This is nat 0 survey. 2. Basis of bearing is the West line af County Road 951 (C.R. 951) ~ing N 00'50'44" E, Flarida Stote Plane Coordinates NAD 8J/90. East Zone. J. Subject to easements. reservo/l'ons and restrictions of record. 4. Easement~ shown hereon ore per plot. unless otherWIse noted. 5. Dimensions are in feet and decimals thereof. 6. Cerfificaftl af authorization LB 43. 7. R/W represents Rlght-of-Woy. 8. P.O.S. represents Palnt of 8eginnlng. 9. P.O.C. represents Point of Commencemem 10. O.R. represents Official Records. 11. LB.e. represents Landscape Buffer easement. 12. U.e. repruents Utility Easemenf. '3. F.P.LE. represents Florida Power de Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewolk Eastiment. 16. P.U.E. rttorttsents Public Utility Easement. , .M. (FOR THE FIRM) FlA. LlC. N . 5834 . NOT VALID WrrHOUT THE SfCNA TURf: AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. E" WI/.Mlner ............-... ~..................,...~.......~~ -," _Mr___....___.____....---.-...... __ - 108 ", X .... laX 16 IC-41. - 07/06 Uar 09, 2006 - 08:21,53 TOSBORNElX:\SUR\e"mer blvd\CH2t.4MtlI\IC_<41\GRANO LELY-LELY CULTURAL PARKWAY.dw(I '" w ::J ..1 i 8 ,~ , TEMPO~ . CONSTRUCTION EASEMENT (DURA110N: 3 YEARS FROM COMMENCEMENT OF CFNSTRUCTlON) , i EXHIBIT ! 6 : PageL 1.L I. , , ." ',' LELY CULTURAL PARKWAY 120' R!W PARCEL LELY PHASE lWO [15' U,E, 708 PLAT B091S....JL _ C6 PAGES 4-3-45 _ ___ to TR-';'~T-; f 8' POC 15' 1-5.02" SB8'08'31"W poe , " I r1 , , c "' 3 a. z " 1 'w I~ ,:i\ i; OJ') '" , '" U;. ~" ci'" > - ..1 OJ') CD", 4 N 1;.- o 2~ liO 100 GRAPHIC SCALE I "" LINE U4 US U6 CURVE RADIUS C6 25.00' CURVE TABLE LENGTH TANGENT 8.29' 4.18 DELTA 18'59'23" Porcel 708 r1 ..1~ I ""'" , i ~~ i ~ LINE TABLE LENGTH 8;01 44,85 42.46 BEARING 8 '08'31."W NOO'SO'44" SOO'SO'44-"W CI-IORD 8.25' CHORD BRG. S7S'04'16QE . CH2MHlLL 3/06 SKETCH & DESCRIPTION OF PARCEL 708 A PORTION OF SECTION 27, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY FLORIDA 1 -'-' _1m ....u. _... GeBOO THO lC-'('l N6015-S0U-OOl Legal. Description . A portion of Tract D, Lely Resort Phase Two, as recorded in Plat ;Book ..1,B, Pages 43 through 45 of the Public Records 01 ColJier County, Florida,' b.eing m~re particularly described os follows. , " Commencing at the Southeast corner of said Tract D, soid point also lying on the w,esterly right-of-way fine of Carrier Boulevard; Thence South 88'08'31" West, a distance of 15,02 feet olong the South Ihie of said Tract 0 ,to the POINT ,OF BEGJNNING; thence South 88'08'31" West along said line, a distance of 8,01 feet; thence leaving said line North 00'50'44" ~ast,' 0 diston'ce' of _ 44.85 feet to - ,0 point on the southerly right-of-way line of lely _ Cultural Parkway, also being the poif'lt of curve of 0 non. tangent curve to the right, of w!1ich the radius point lies South 05'25'54" West; a radiol distance of 25.00 _ feet and having 0 chord bearing ,of South 75'04'16" Eost,!o chord' distance of 8.25 feet: thence eos:terly along said southerly right-of-way line arid the ore, through a central angle of 18'59'23", 0 distance of 8.'29 feet; thence leaving said line South 00.50'44" West, 6 distance of 42;46 feet to 'the POINT OF' BEGINNING. I Containing 351 square feet, more or less, , " NOTES: 1. This is not a survey. ~. Basis.of georlng is the West Ilne or County Road 951 (C.R. 951) being N OO'50'44~ E, Florida State Plone Coordinates NAD 83/90, East Zone. I I 3. Subject to easements, reservations ond restrictions of racord. 4. [asement~ shOwn hereon ore per P~Qt, unless atharw/se noted, 5. Dimensions ore in fe~d and, decimals thereof. 6. Certificat~ of authorization La 43, 7. R/W represents -Right-of-Way, i 8. P.O.B. represents Point of Beginningl 9. P.O.C. represents Point of Commengemem 10. O.R. represents Official ReCords, , 11. L.B.E. represents Landscape Buffer i Easement. . i2. V.E. represents Utility Easemenf. 13, F.P.L.E. represents Florldo POwer ct Light Easement. , . 14. D.E. represents Drainage Easement, i 15. S.E, represents Sidewalk casement. I 16. P.U,E. represents Public Utility Easement ! . ",~""'" -, '~;:~-<. . J. ~:..\lJ""I'"'' ,'~~ '19 ",.1) . .~, "'/ ,I .sl ~~" ": :;) . ;Jro 0--,.., F, I - I.. .~. , It; . DAVID J, ^'T. , .sf'1' (rot; ''''1: ,fIRM) , Ff.A. LIe. o. 58:Jtj ~ ~ '" 'tV ~~~J .-'. Nor VALID WITHOOT ..THE" S!GN~fJ:!RE/ AND i THE ORIGINAL RA/SE:D /SfrAl 3~ff l~?i'L9.RIDA L1CE:NSE:D SURVEYOR AND MAPPE~;...~ i This is NOT a Survey. ! Wi/.Mlller -=-==-. .........ap...,.EoaIvWt.__.......~.~~ -'"' -..........,...Itrl.~_.....,.-.__.....~.____ HEr __... 708 0#' X IC-41 """ Mar 09. :20011 - 08:41:52 TOS80RNEIX:\SUR\eollier blvd\CH2MHlIl\lC-41\GRAND lELY-LELY CULTURAL PAAKWAY.dw,"