Parcel 101SE - Slope Easement Agreement
PROJECT: Project No. 60106, Valewood Drive
PARCEL No(s): 101SE
FOLIO No(s): a portion of 41931040004
SLOPE EASEMENT AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this {]Tf{ day of kPA..rL , 20~, by and between FIRST
CONGREGATIONAL CHURCH OF NAPLES, INC., aJk/a 1st CONGREGATIONAL
CHURCH OF NAPLES, INC., a Florida not-for-profit corporation, whose mailing
address is 27761 Riverwalk Way, Bonita Springs, FL 34134 (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 Slope 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
Slope Easement to the County for the stated purposes of constructing or installing
earthen material or stabilizing features over, under and upon the fill slope.
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.
Said conveyance 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 Purchaser 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 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 Easement.
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 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. It is agreed and understood that any
construction undertaken within the Easement after Closing by County, or any
assignees or licensees of County, shall provide for existing landscaping and
improvements, including irrigation, to be returned to its pre-existing condition, to
the extent possible, at the expense of County, or such assignee or licensee.
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 PURCHASER:
DATED: I[) 4 - [! - :tolO
ATTEST;. '.' :: '~,
D tftE. aR~,:C:lerk (
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Attut "ti,'ijM, .' Clerk
419l1&turt'GlH" ." .
,'. '
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: '~W. ~
FRED W. COYLE, Chairma
AS TO OWNER:
FIRST CONGREGATIONAL CHURCH
OF NAPLES, INC., a1k1a 1st
CONGREGATIONAL CHURCH OF
NAPLES, INC., a Florida not-for-profit
corporation
DATED: II-Il?- "J.uo')
w.1 <LV' ML
itness (Signature)
1/'4 cr u/ 1/::,./"
me (Print or Type)
c~~.
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By LARRY AMON, President
-t')-11/;') CJaIf.~
Name (Print or Type)
Approved as to form and
legal s .
~
Last Revised: 8I2OIOB
SECTION 29,
I II
EXHIBIT I A
Page-L ~ d-
COLLIER COUNTY,
TOWNSHIP 48 SOUTH, RANGE 26
FLORIDA
EAST
NOT A SURVEY
LEGAL DESCRIPTION AND SKETCH
DESCRIPTION: PARCEL 101 S.E.
CLIENT: COLLIER COUNTY TRAN
PARCEL NO. 101 S.E.
PROPERTY OWNER: 1ST CONCREGATIONAL
CHURCH OF NAPLES. INC.
REFERENCE: O.R. 3921 PG. I
AREA OF TAKE: 3.506 SO. FT.
PERPETUAL NON-EXCLUSIVE
SLOPE EASEMENT
221+00
222+00
223+00
5 89"57'36- E 2640.42
651.4l
IMMOKALff ROAD
(IS0'R.O.W.)
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SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST
PARCEL 101 SoU.E.
PROPOSED S.U.Eo
s 89"57'36- E 1950.06 (2.r04 SQ. FT.:)
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P.O.B.
1ST CONGREGA nONAL
CHURCH OF NAPLES, INC.
O.R. 3921. PG. 1
TRACT 21
GOLDEN GA TE ESTA TES
UNIT 97
P.B. 7, PC. 96
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TRACT 22
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N 89'Jl'OJ"" E 1950.00
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BASEUNE 5TA 5+00.00 ...
AUTUMN OAKS LANE
8ASEUNE STA 11+47.37
R.O.W. = RIGHT-OF-WAY
S.E. = PERPETUAL SLOPE EASEMENT
T.C.E. = TEMPORARY CONSTRUCTION
P.O.C. = POINT OF COMMENCMENT
P.O.B. = POINT OF BEGINNING
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY,
EASEMENT
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Prote..tonal ena:ineen. plannen, &: land 8\1t'Veyons ras: (ZWIHll-ZZ03
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IUlBER &
6/25/09
7/2/09
7/15/09
10/10/09
GEORGE W. HACKN Y, P .S.M. NO. 5606
SCALE: 1" - 80' DATE: MAR. 24. 2009
DRAWN BY: JAN PROJECT NO.: 07 0066
ACAD NO:10165 SD4 FILE NO: 10165
BY:
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SCALE: 1" = 80'
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225+00
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P.O.C.
VALEWOOD DRIVE EXTENSION
BASEUNE STA 9+98.12 =
IMMOKALEE ROAD
BASEUNE STA 223+90.46
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LOUISE V. TA \'LOR TRUSTEE I
O.R. 1459, PG. 1808 \
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PARCEL 102 FEE
ROENTlOH POND
TRACT 50
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AUTUMN OAKS LANE
(80' R.O. W.)
TEeM - ROW
OCT I 2 2009
SHEET
OF 2
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EXHIBIT .' f\
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SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 101 SE
A PERPETUAL SLOPE EASEMENT OVER, UNDER AND ACROSS ALL THA T
PART OF TRACT 22, GOLDEN GATE ESTATES UNIT NO. 97, AS RECORDED
IN PLA T BOOK 7, PAGE 96, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, BEING MORE PART/CULARL Y DESCRIBED AS FOLLOWS,
COMMENCING AT STAT/ON 223+90.46 ON THE IMMOKALEE ROAD
BASELINE AS SHOWN ON THE FOOT ROW MAPS FOR SECTION 0359-250.
DATED 6-16-55, SAID POINT ALSO BEING ON THE VALEWOOD DRIVE
EXTENSION BASELINE AT STA. 9+9812:
THENCE SOUTH 00'02'24"' WEST ALONG SAID VALEWOOD DRIVE
EXTENSION BASELINE A DISTANCE OF 150.00 FEET TO AN INTERSECTION
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD;
THENCE NORTH 89'57'36"' WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE A DISTANCE OF 53.93 FEET;
THENCE LEA VING SAID SOUTHERLY RIGHT-OF - WA Y LINE SOUTH
80'49'27" EAST A DISTANCE OF 3.34 FEET;
THENCE SOUTH 45'14'31"' EAST A DISTANCE OF 25.16 FEET TO THE
POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED;
THENCE CONTINUE SOUTH 45'14'31"' EAST A DISTANCE OF 25.16 FEET;
THENCE SOUTH 00'25'19"' EAST A DISTANCE OF 260.63 FEET,
THENCE SOUTH 18'36'41" WEST A DISTANCE OF 22.94 FEET TO AN
INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF AUTUMN
OAKS LANE;
THENCE SOUTH 89'31'03" WEST ALONG SAID NORTHERLY RIGHT.OF-WAY
LINE A DISTANCE OF 5.29 FEET;
THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 18'36'41"'
EAST A DISTANCE OF 23.83 FEET;
THENCE NORTH 00'25'19" WEST A DISTANCE OF 247,69 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 40.00 FEET;
THENCE NORTHERL Y AND NORTHWESTERL Y ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 47'40'36" AN ARC DISTANCE OF
3328 FEET;
THENCE NORTH 41'54'05"' EAST A DISTANCE OF 0.50 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1,473 SQUARE FEET OF LAND, MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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Protessional engineel'll, planners, &: land surveyors ru, (Z3~)G!l1I-l!203
COWa' C"1lD.ty: Suit.. 200. 1400 TIl.II!IJ.Il.IIl1 1'...11. NorUli "'apl.., n lUl08 (238)5lf7-:UII
Lee C<IIU.tr: "Ill) C<X>Ollut Boad, Suit. I03~ Bonita Sprizlp, n :li13& (23D}li1l7-31Jl
C..rUtlut. of .uUlonuUon N..., lB 3l!ICk and KB _" run (238)4116-272$
LEGAL DESCRIPTION AND SKETCH SHEE'\ 2 Or' 2
DESCRIPTION: PARCEL 101 S.E.
CLIENT: COLLIER COUNTY TRAN)pORT A TION DIVISION
./.. ~ /-/ /
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
6/25/09
7/2/09
7/15/09
10/10/09
BY:
GEORGE W. HACK~. P.S.M. NO. 5606
SCALE: N T.S. DATE: MAR. 24. 2009
DRAWN BY: JAN PROJECT NO.: 07-0066
ACAD NO: 10165-SD4 FILE NO: 10165