Parcel 184RDUE
PROJECT: Miscellaneous Projects No. 99999
(Immokalee Dr. Sidewalk Improvements
PARCEL No: 184RDUE
FOLIO No(s): 00129600006
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this J5TI+ day of fEet€-uA~Y ,2010, by and between JOSE A.
MONTERO, whose mailing address is P.O. Box 1823, Immokalee, Florida 34143-1823
(hereinafter referred to as "Owner"), and 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 perpetual,
non-exclusive Road Right-of-Way, Drainage and Utility Easement 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
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 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."
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
Easement upon their recording in the public records of Collier County, Florida. At
or prior to Closing, Owner shall provide County with a copy of any existing prior
title insurance policies. 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 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 Easement.
5. 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 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.
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 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. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED: 0'1.- '15'-2<9(0
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: '~~ W C,,-~~
FRED W. COYLE, Chair
AS TO OWNER:
DATED: 0'1.-0$ -lo(CI
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Witness (Signature)
ADA Fl)f7tJi('s
Name (Print or Type)
t~ f
Witness (Signature)
(<.ogF-f2T h. 30scIf
Name (Print or Type)
C'F'F l~ ~. L,-,
OSE A. MONTERO
Approved as to form and
legal sufficiency:
\)b~
Assistant County Attorney
Last Revised: 11/30/09
EXHIBIT "A"
LEGAL DESCRIPTION AND SKETCH OF PROPOSED PERPETUAL, NON-
EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
(NOT TO SCALE)
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IMMOKALEE DRIVE
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PROPOSED ROAD RIGHT.
OF.WAY, DRAINAGE AND
UTILITY EASEMENT
(NORTH 30 FT. OF JOSE A.
MONTERO PROPERTY)
JOSE A. MONTERO
PROPERTY
THE NORTH THIRTY (30) FEET OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 47
SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, THENCE EAST 52.5 FEET
ALONG THE NORTH LINE OF SAID SECTION; THENCE SOUTH PARALLEL TO THE
WEST LINE OF SAID SECTION 247.5 FEET; THENCE WEST 52.5 FEET TO THE
WEST LINE OF SAID SECTION; THENCE NORTH ALONG SAID SECTION LINE
247.5 FEET TO THE POINT OF BEGINNING.
Last Revised: 11/30109