Parcel 105SUE3
Project: Oil Well Road #60044
Parcels: 105SUE3
Folios: 00210041406
AGREEMENT TO GRANT EASEMENT
THIS AGREEMENT~hereinafter referred to as the "Agreement") is made and
entered into on this 2.'3 day of MA'1 ' 2008, by and between THE
SCHOOL DISTRICT OF COLLIER COUNTY, lORIDA whose mailing address is 5775
Osceola Trail, Naples, Florida 34109 (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, both parties entered into an Agreement dated January 29, 2008 for
the conveyance of a parcel and easements required for construction of improvement to
Oil Well Road;
WHEREAS, the County has discovered the need for an additional 5' Slope and
Utility Easement abutting Parcels 102SUE1 and 102SUE2, (parcels the Owner agreed
to convey in the original agreement);
WHEREAS, County has requested that Owner grant to the County a Perpetual,
Non-Exclusive Slope and Utility Easement described as Parcel 102SUE3 over, under,
upon and across the lands described in Exhibit "A" (said Parcel hereinafter referred to
as the "Property"), which is attached hereto and made a part of this Agreement;
WHEREAS, Owner recognizes that the Oil Well Road expansion project will
enhance and improve traffic movements and operations for Corkscrew Elementary and
Middle Schools and for Palmetto Ridge High School; and
WHEREAS, in exchange for those traffic improvements, Owner desires to grant
an easement over the Property to the County for the stated purposes and subject to the
terms and conditions set forth in the original agreement and herein, including that no
compensation shall be due and payable for the easement over 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 grant an easement over the Property to County, in as-is condition to
County and at no cost to the County, unless otherwise stated herein. Said grant
of easement (Owner's delivery to County of a properly executed instrument) is
hereinafter referred to as the "Closing." The grant of easement is contingent
upon Owner designating the Property, as necessary, as surplus by a formal
resolution after public notice.
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 ninety (90) days from the date this Agreement is
executed by both parties; 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.
6. Any work to be conducted within the entrance areas shall not occur during normal
hours of operation for Corkscrew Elementary and Middle Schools and Palmetto
Ridge High School from the months of August to May, excluding holiday vacation
periods. Further, the County or its agents shall provide the Owner with at least 10
days advanced, written notice of any such work, which notice shall identify the
work to be done, the estimated number of days to complete the work and the
estimated start and stop time for the work during each work day in order to permit
the Owner to properly schedule and plan its school activities. Any existing
fencing, located on a school site that is removed in connection with this
Agreement, shall be relocated and installed by the County, at its sole cost and
expense, in a location approved by the Owner or its staff.
7. Any work by the County within the Oil Well Road Right-of-Way abutting and/or
affecting access to the entrance areas shall not unreasonably interfere with
access to the Owner's property and the County Shall provide continual access to
the Owner's property.
8. 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.
9. Grant of easement over 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.
10. This Agreement is governed and construed in accordance with the laws of the
State of Florida
IN WITNESS WHEREOF, The parties have executed this agreement as of the
date and year first above written.
AS TO PURCHASER:
DATED: c:-- d 3-d S-
ATTEST;, O",~r".
DWI~'fE'~K
.:t;.'." . ~V1,.
BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, ORIDA
.
BY:
DATED: S-/~~-O~
WITNESSES, ~
~);J,
Witness (Signatu e~
b/fW~ JlJ.ft/ST,4~
Name (Print or Type)
~(lq~wYi~
Witness (Signatu )
ill] )() Y 4h N AiQl ~N 0*
Name (Print or Type)
THE SCHOOL DISTRICT OF
COLLIER COUNTY, FLORIDA
By: ~~~~ ~
DA ABBOTT, Chairperson
Approved as to form and
Leg I sufficienc :
~ II 1((
Richard W. Withers
School Board Attorney
LEGAL DESCRIPTION AND SKETCH
Slope and Utility Easement Parcel No. 102 SUE3
(This is not a Field Survey)
DESCRIPTION
EXHIBIT'
I~
"e".;'
A parcel of land lying in Section 14, Township 48 South, Range 27 East, Collier
County. Florida, being more particularly described as follows:
Commence at the southwest corner of said Section 14; thence N 87"48'27" E
olong the south line of the Southwest Quarter (SW 1/4) of said Section 14, said
south line also being the existing center line of Oil Well Rood (C.R. 858), for
2040.07 feet; thence leaving said south line N 02"11'33" W for 50.00 feet to an
intersection with the existing north right-of-way line of soid Oil Well Road and to
the southwest corner of lands described in Official Records Book 1789, Page 962,
of the Public Records of Collier County. Florida; thence continue N 02.11'33" W,
along the west line of said lands, for 1.83 feet to an intersection with the
proposed north right-of-way line of Oil Well Road; thence N 86'48'27" E along
said proposed right-at-way line for 65.01 feet; thence leaving said proposed
right-of-way line N 02"11'33" W for 25.03 feet to the Point of Beginning: thence
continue N 02011'33" W for 5.00 feet; thence N 87"48'27" E for 614.93 feet;
thence S 02"11'33" E for 5.00 feet; thence S 87"48'27" W for 614.93 feet to the
Point of Beginning. Containing 3.075 squore feet, more or less.
Bearings are based on the Florida Stote Plane Coordinate System, East Zone,
NAD 83/99 bein9 N 87'48'27" E for the south line of the Southwest Quorter (SW
1/4) of Section 14, Township 48 South, Range 27 East, Collier County. Florida.
cv-1 / I 50' ----
-IT-. i 00
II l' ~
I I w- I \ a:
SLOPE AND I I I
UTILITY EASEMENT iil !'W Q
NO.1 02 SUE3 .---------r I g 'S
wo
(3,075:!: SQUARE FEEl) I I I Ii 'r;; a:
0: :0,' I~ ~ ::l
II- lOW
II I~ z>
LINE TABLE ~ >
02'11'33" W, 1.83' I I ...J PROPOSED
~ :: ~ 86'48'27" E, 6501' II II ~ ~RIGHT~~~-WAY
3 - N 02'11'33" W, 25.03' ,I----
4 - N 02'11'33" W. 5.00' I I ~ I
5 - N 87'48'27" E, 614.93' P.O.B'~I SOUTH LINE OF THE
6 - S 02'11 '33" E, 5.00' 1\1 --- SOUTHWEST QUARTER
f:'"\ i 1....,..,- OF SECTION 14-48-27
7 - S 87'48'27" W, 614.93' \V----f I T'
'WEST LINE O.R. BOOK 1789, PAGE 962 ~t --~\
N 02'11"'" W cd II'~_
WATERWAYS r-..,...
HOMEOWNERS ~ 6
ASSOCIATION, INC. v v
N0211'.3.3"W ~ ~
50.00'
.:t~~
PROPOSED
RIGHT-OF-WAY
LINE
P'""""'lI
-
-
NOT TO SCALE
DISTRICT SCHOOL BOARD
OF COLLIER COUNTY
P,O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
O.R. = OFFICIAL RECORDS
P.O.C.
SW CORNER OF
z SECTION 14-48-27
~ SHEET 1 OF1
LEGAl... DESCRIPTION AND SKETCfol PREPAREO BY McKIM&CREED, PA
STATE OF FLORIDA CEFmFlCATE OF ALm-fOAIZA1lON No. La aI568..
Ct..lENT: COLUER CO./CH2MHILL
PROJECT: OIL WELL ROAD
JEFFREY M. S11LL - PROFESSIONAL SURVEYOR AND MAPPER
STATE OF FLORIDA REOISTRATlON LICENSE No. LS 638Q
DATE: FEBRUARY 20, 2008
.. M=I<IM&CREED
10970 SOUTI-l Cl...EVEl..A.NDAVE., SUITE 401
FORT MYERS, FLORIDA, 33907
PHONE (239) 275-8B75 FIIX: (239) 27&-702:9
FLORIDA CERTlROATE OF AlJT1-IORlZATlON No. LB 6566
INTERNET SITE: I-m'P-./NMIW.MCKlMCREED.OOM
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