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Parcel C PROJECT: AUTO RANCH ROAD PARCEL: "C" FOLIO No.: 00766880001 Prepared By' Jennifer A. Belpedi~ Es . C'., , qUire J, fICA of the County Alto 3'. ^ 1 .. mey OJ\) roast Tam/ami Trail Naples, Florida 34112 (239) 774.8400 AGREEMENT THIS AGREJ;MENT (hereina er re erred to as the "Agreement") is made and entered into on this ~ day of em r- , 2007, by and between CAROL LOUISE KRIST, whose mailing address IS PO Box 949 Marco Island, Florida 34146, (hereinafter referred to as "Owner") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County desires to construct water lines and pipes, water meters, fire hydrants, and other related equipment or improvements within, under and upon the following described property: See Exhibit "An attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the project to be constructed by County will benefit Owner and Owner's neighborhood by providing an improved and reliable water distribution system and fire protection capability, all meeting utility standards; and WHEREAS, all cost and expense for construction of the project will be assumed by County, and neither Owner nor other property owners in Owner's neighborhood will be billed for the cost of constructing the project; and WHEREAS, Owner has agreed to convey to County a perpetual, non-exclusive utility easement over, under, upon and across the Property (hereinafter referred to as "Utility Easement"); and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Utility Easement to 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 Utility Easement requested by County over, under, upon and across the Property. 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. 2. Owner shall convey the Utility Easement to County, at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of the properly executed Utility 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. 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. Agreement Page 2 5. Owner is aware and understands that this Agreement is subject to 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 Utility 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 Utility Easement. 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 assigns, whenever the context so requires or admits. 8. Conveyance of the Utility Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement 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. 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:~ ~Y:frw,(' ~O('. :;c. ". ,pu lerk '::?~, L d> LO ella II1NIl . s1gn&_uellll. - BOARD OF COUNTY COMMISSIONi:'FtS"'" OF COLLIER COUNTY, FLqRlPA AS THE GOVERNING BODY ofCOLUER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF tHe COLLIER COUNTY WATER-SEWER f)ISTRICT A r:rJtS't? (; pwlGHT IE:. BROCK Clem BY: , 11111"11\1'.\\'\ AS TO OWNER: WITNESSES: "-;j~L Witness (Signature) - Gh~)AJ//~~ CAROL LOUISE KRIST Name: flA)JS R()~~&t-L- Print) L '> "" \Y Witness (Signature) NameC\C..\t.s""B- C1.....1~n&,-\-o'"';rr- r (Print) r- Approved as to fonn and legal sufficiency: ~ A_ ~A.oL> Jennifer Belpedio Assistant County Attorney -'. LEGAL AND SKETCH LYING IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A" DESCRIPTION: A PARCEL OF LAND BEING THE EAST 10.00 FEET OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2719, PAGE 1710, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING IN THE WEST HALF OF THE WEST HALF OF SECTION 20, TOWNSHIP 51S, RANGE 27E, COLLIER COUNTY, FLORIDA. EASEMENT CONTAINING 1,450 SQUARE FEET, MORE OR LESS. ===== NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A LICENSED FLORIDA SURVEYOR AND MAPPER AIM Engineering & Surveying. Inc. LB 3114 5300 LEE BLVD P.O BOX 1235 LEHIGH ACRES FLORIDA 33970 (239) 332 4569 FX: (239) 332 8734 PREPARED BY: AIM ENGINEERING & SURVEYINC, INC. ~~.\I' RICHARD c MCCART!!.*"F.S':~- PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5688 0'2,-0'1-07 DATE THIS IS NOT A SURVEY SHEET 1 OF 2 PROJECT NUMBER DESCRIPTION =--i === ; === =;~ F .==. -= 06~9272 10FT EASEMENT .I_.l'~. DRAWN BY JSB ~:. 2/6/07 CLIENT SEe TWP RGE 20 515 27E COLLIER CO. WATER DISTRIBUTION [FILE: I COUNTY: 06 9272DWG COLLIER COUNTY LEGAL AND SKETCH LYING IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA N EXHIBIT "A" NORTH UNE SECTION 2 o 001 Z o B (J) w z ::J Iii w :.: lOT 47 W Z ::J ~ z ::> LOT 48 0 m ~ "- LOT 49 Q > ,..J on ::<: LOT 50 11:5;:: '" '" w I ::E '- ~ <( w ::E~ ~<(" '" '" ~O w".. lI..gl :r:'" 5~ ,..J t;)~N ~ w_ ~~::.: LOT 51 >- <!. 0 0 ..~O ~ zal <!."~ b :'i '" .. \ LOT 52 \ WEST ~ OF THE WEST ~ SECTION 20 O.R.BOOK-2719 PAGE-1710 N/F MARY ANN KRIST NON-AGRICULTURAL ACREAGE '0 o .0 -V ~ EAST 10'- AUTO RANCH ROAD 4lLR/~ lOT 53 \ '0 0 .0 -V OJ LOT 54 EAST LINE OF THE WEST ~ OF THE WEST 2 SECTION 20 lOT 55 1335.99' SOUTH UNE S SOUTHWEST CORNER OF SECTlON 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST. LEGEND 100 0 ~ N/F = NOW OR FORMERLY OR = OFFICIAL RECORD PG = PAGE R/W = RIGHT-OF-WAY 50 I 100 I 200 I 1 INCH = 100 FEET AIM Engineering & Surveying, Inc. ===:;:=:=: 5300 LEE BLVD. = = P.O, BOX 1235 =- ! -= LEHIGH ACRES ;;;;;- : -= FLORIDA 33970 Ei"" .- "'E (239) 332- 4569 .;...',. FX (239) 332-8734 LB 3114 THIS IS NOT A SURVEY PROJECT NUMBER: DESCRIPTION: 06- 9272 DRAWN BY' JSB 10FT EASEMENT -- CLIENT COLLIER CO.WATER DISTRIBUTION FILE: 06-9272.0WG DATE: SEC-TWP-RGE 2/6/07 20-51S-27E SHEET NUMBER 2 OF 2 COUNTY: COLLIER COUNTY f'/) 'V Project: Auto Ranch Road Parcel No.: Parcel "CO Folio No.: 00766880001 4072884 OR: 4282 PG: 1552 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/17/2007 at 12:13PM DWIGHT E. EROCK, CLERK REC PHB 35.50 DOC-.70 .70 COPIES 1.00 Retn: REAL ESTATE SERVICES INTEROmCE ATTN: CHUCK X8175 UTILITY EASEMENT THIS EASEMENT, made and entered into this l ~~day of 2007, by CAROL LOUISE KRIST, whose mailing address is PO Box 949 Mar Island, Florida 34146, (hereinafter referred to as "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-5EWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement for utility and access purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to, water lines and pipes, water meters, fire hydrants, and other equipment or improvements appurtenant thereto or thereunder, for the purpose of constructing, operating, and maintaining utility facilities thereon. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ~,--N/~- __ ~t~e~s (Signature)- Name: HAIJt; ~cX~ cL '- (Print or ype) 1 \ ). ~.(j' Witness (Signature) r Name~..bJ:". (kt-t~n -.L~ I J "'. (Print or Type) TO a/~ l~n~p, ~I- CAROL LOUISE RIST 1 TlfIS CONVEYANCE ACCEPTED IY THE ~:~Er c:V COMMISSIOIIERS. PURSUANT . FLORIDA. DATtD: ~1ID:TtM NO. }t.c. 5' OR: 4282 PG: 1553 STATE OF FLORIDA COUNTY OF COLLIER \ T~e foregoing Utility Easement was acknowledged before me this ~day of ..J v ~t.t , 2007 Py CARQL LOUISE KRIST, who is personally known to me or who has p~oducedJ:'la ~\"k~ t..a~ as identification. WITNESS my hand and official seal this l ~ ~ay of , 2007. (affix notarial seal) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: !rii....,y~' CHARLES E CARRINGTON. JR. ;': ;'! MY COMMISSION # 00634411 \, " . EXPIRES January 29. 2011 (407i'398~~153 FlorJdaNotaryService.com Approved as to Form and Legal sufficiency: Jennifer Belpedio Assistant County Attorney 2 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A LICENSED FLORIDA SURVEYOR AND MAPPER AIM Engineering & Surveying, Inc. LB 3114 5300 LEE BLVD. P.O. BOX 1235 LEHIGH ACRES FLORIDA 33970 (239) 332 4569 FX (239) 332 8734 .. -= --= _1- ~ I: -=== ~:~ =-- ===. ~ .!._i'l. LEGAL AND SKETCH LYING IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE COLLIER COUNTY, FLORIDA EXHIBIT "A" 27 EAST, OR: 4282 PG: 1554 DESCRIPTION: A PARCEL OF LAND BEING THE EAST 10.00 FEET OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2719, PAGE 1710, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING IN THE WEST HALF OF THE WEST HALF OF SECTION 20, TOWNSHIP 51 S, RANGE 27E, COLLIER COUNTY, FLORIDA. EASEMENT CONTAINING 1.450 SQUARE FEET, MORE OR LESS. PREPARED BY: AIM ENGINEERING & SURVEYIt-JG, INC. ~~. hl'l RICHARD C. McCARTH) P.s.I~. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5688 0"2.-01-07 DATE THIS IS NOT A SURVEY SHEET 1 OF 2 PROJECT NUMBER DESCRIPTION: 06-9272 DRAWN BY. JSB 10FT EASEMENT CLIENT COLLIER CO. WATER DISTRIBUTION I FILE: I COUNTY: I 06 9272.DWG COlliER COUNTY DATE. 2/6/07 SEC TWP RGE 20 51S 27E LEGAL AND SKETCH LYING IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA N EXHIBIT "A" NORTH UNE SECTION 2 o N Z o ~ 1Il W z ::J LOT 47 W Z ::J ~ z ::> lOT 48 0 m ~ a. LOT 49 Cl > ,..J >0 ~ lOT 50 1i:5~ '" '" W ~ I::E ...... ~ ~<LiJ ::E~ '" ~ ~(i5 w>:Q. u..gl 5~ ,..J r.:>lI!.N ~ w~ ~~~ lOT 51 ;>< " 0 0 a..!::O e<: "ZaJ ,,~ b :5 0: Q. \ LOT 52 \ WEST ~ OF THE WEST ~ SECTION 20 ~ O.R.BOOK-2719 PAGE-1710 N/F MARY ANN KRIST NON-AGRICULTURAL ACREAGE b o lI'i """ ~ EAST 10'- AUTO RANCH ROAD 4LR/~ lOT 53 \ b 0 lI'i """ CXl lOT 54 EAST LINE OF THE WEST ~ OF THE WEST ~ SECTION 20 lOT 55 , SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 51 SOlflH, RANGE 27 EAST. lEGEND N/F = NOW OR FORMERLY OR = OFFICIAL RECORD PG = PAGE R/W ~ RIGHT-OF-WAY 100 0 ~-~ -- 50 I * * * C> :::a .- "-> co "-> "'<:II G'"3 I-" <..n <..n <..n * * * 100 I 200 I 1 INCH = 100 FEET AIM Engineering & Surveying, Inc. = _ 5300 lEE BLVD. == = P,O. BOX 1235 ==- i -== lEHIGH ACRES =- 5 ~ FLORIDA 33970 57" ..a. "5 (239) 332- 4569 ..._.'J. FX (239) 332-8734 LB 3114 THIS IS NOT A SURVEY 10FT EASEMENT SHEET NUMBER 2 OF 2 PROJECT NUMBER: DESCRIPTION: 06-9272 DRAWN BY, CLIENT JS8 OA TE: SEC- TWP-RGE 2/6/07 20-51S-27E COLLIER CO,WATER DISTRIBUTION FILE: 06-9272.DWG COUNTY: COLLIER COUNTY