Parcel 149UE
PROJECT:Airport Road/Estey Avenue
PARCEL No(s): 149 UE
FOLIO No(s): portion of 70770040003
AGREEMENT
THIS AGREEMENT (he~ to as the "Agreement") is made and entered
into on this 14 day of , 20 lO , by and between SHAARA Y
PROPERTIES llC., a Delaware limited liability company, whose mailing address is
C/O GREYHAWKE CAPITAL ADVISORS, 500 West Putnam Avenue, Greenwich,
Connecticut 06830, Attention: Denise Tilman, First Floor, (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 an easement
over, under, upon and across the lands described in Exhibit "A" (said easement 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 compensation for legal fees which Owner will incur in the amount
of $1 ,000.00 shall be due and payable for the Easement 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 Subordination Agreement annexed hereto as
Exhibit "B".
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. The 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
representative, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
~
.
, Agreement
Page 2
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 have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
DATED: If). :If.. {U;>JO
;" - ~;:-; :~.;
An-It, ... CIte , , -I
. tlM~ .... ...-
.:
, ~~ . ".,: ~~ .., -'. '
(Signature)
Name: f'v1-1\'fL1L L. f Llt<<.1ItMlfJ
-~~
. S' ()
Witness ( Ignature
Name:J2eM& e- 111:;l!.J..J~
(Print)
Approved as to form and
legal sufficiency:
~-fj-o~
Assistsnleounty Attorney
BOARD OF COUNTY COMMISSIONERS
:~LLlER ~ ~RIDA
Fred W. Coyle, Chairm~
P RTIES LLC.
d 'ability company
BY:
(Signat~re)
~ f ~ (V}AN~
(Title)
(<0 r)~ f J. CoJ t'rJ
(Print Name)
~
N
W+E
S
o
I
5
I
10
I
SCAlE: 1"
15
I
= 10'
or--
r<)
"*1:0
!:it-
.U
C/)~N
Om
.O::m
<3:.: Q........
~t-!-
.0::0
<3:.: 0 0
&0
,-... - W
1...1 <C!-
<3:.: a:: <{
o WCl
a::: Q.. N
t')
I- Wo
CltC)
a::: ~ CD
o.
(LO
0::8
<3:.:
POINT OF
BEGINNING
.. ....... A..._._... "_.on _-<_'__h._ "--~~---~-'._-'--'''''-'~'-'''''''''' .,_.. ___ ~.....___.___...#._. ___'___~_"_'~' ...._..__~.... ..u._.. ... ......_
e,~HI~ ~-
20
J
P ART OF
LOTS 1, 2 AND 3 OF ROCK
CREEK PINES NO. 1
(A.K.A)
7-11 PROPER1Y PER O.R.
2313 PG. 189
L2
" ,'"
,," "
' /,\
':'-"/1
' ,
, ,
,,,1..,'
::;:~,
':',<<\
' , ,
, ,
," ,/' '''A
,,' " ..
,. ..'' ..''
!: '~~:~:.~:::~\'
" /" ". .'
,..' ,.,' ,.,'- ",.
, -,,',/ ,/ ,,,' '\
><">:>:>'~1i'\
,.I' "'" ,..' ,I' ,~'., "
:'~~.:':::.~:::::;::~::.-.:::~.:>~
" " " ," / " "....."...~
, ",' ,,' / ,'" " " " " ," ..~'..........
,I' ,I' " .,' ,,' ,I' ," ," " .,' " " ,'~
'/,',/ ADDITIONAL' ."",'" ,,,','-, ,,/ ,/'~ ;0-.....
, ,. "" "" v"",-,.....
. ,,,' ,,"'RIGHT OF WAY,' ,I" /,' ,,' ,,' ,,.,, ,.,' ..,' ,r' "" ,,' " ~
,I' ,,' " ,. ""/' /' " ,. " " " " ,.' / ,:' /'," " " " "
,,' ,,,' ,,.,., ,1"'" / ""' ,,.,, ,,,' ..,' ,.,1" "I''' I'" ""'/' "ii' /',1'" ,,.,,, ,,' .,....::
" .. " " " ". " " " ". " II' /" " / ' " " '0,.
,,:.,... "~,/',,/>,,:/,<,,, ',/',/' '"":'""/,",,":,,'-,,,,',.,",,,' ,.' "-,",," '"'-',,,
:5:Cl
.........<C
0::0
)-0::
_.If-
n::oc
WO
1-0..
(()o::
<C-
w<C
UNE
L1
L2
L3
L4
L5
L6
L7
L7
NOR111ERL Y R/W
ESTEY AVENUE
ESTEY A VEN U E
55' WIDE PER AIRPORT
PROJECT # 66032 DATED
OCT. 1992
LEGAL OESCRIPll0N
A PARca OF LAND LYING IN SECll0N '. TOWNSHIP 50 SOUTH. RANGE 25 EAST, COWER COUNTY, FLORIDA.
BEING LtORE P ARllCIJLARL Y DESCRlBEI> AS F'OU.O\\S:
BEOINNJNC AT THE SOUTHWEST CORNER OF LOTS " 2. AND .., f1S SHOWN ON THE PlAT or ROCK CROOC PINES
NO. i, A PlAT RECORDED IN PLAT BOOK 2 PAGE 85, or THE PlJBUC RECORDS OF COLlIER COVNlY. FLORIDA;
'!liENeE N.Oo"3O'SS"W.. ALONG THE EASTERLY RIGHT OF WAY UNE Of' AIRPORT ROAD F'OR 47.61 FEn:
'llrolCE N.B9"29'OS"E. FOR 2.50 FEET;
'lllENCE s.onO'08"E. FOR 24.68 FEET;
THENCE s.3B'Il'OO"E, FOR ,....55 FEET;
'!HENCE: s. 7S'S,'l52"E. FOR 25.1 J FEET:
'!HENCE S.OO'35'SO"E. FOR 5.00 FEET, TO A POINT ON THE NORIliERLY RIGHT OF' WAY UNE OF ESTEY AVENUE
THENCE 5.B9'23'50"W., ALONG SAID NORTHERLY RIGHT OF WAY lINE FOR 39.0~ FEET, TO THE POINT OF'
BEGINNING OF TH PARCEl. HERIN DESCRIBED
CONTAINING 597 SQUARE FEET, MORe OR LESS,
SUBJECT TO EASEMENTS AND RESTRlCllONS OF' RECORD.
BEARINGS ARE BASED ON PLATTED BEARINcs, ACCORDING TO THE PLAT OF ROCK CREEK PlNES NO.1 IN PLAT
BOOK 2 PAGE 85, or '!HE PUaLfc RECORDS OF COLUER COUNTY. FLORIDA. BY:
SKETCH &: DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COWER COUN'TY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
ESTEY AVENUE
SKETCH & DESCRIPTION OF: ADDITIONAL RIGHT OF WAY
PART OF LOTS 1. 2 AND 3
COLLIER COUNTY, FLORIDA
JOB NUMBER
080015.00.00
LENGTH
47.61
2.50
24.68
14.55
25.13
5.00
39.04
l. HelDRA, PROfESSlOlW. S\JRVEYCR NO ).WIPER
flOReA REGlS'IRAl1ON almFlCAlE NO. SIllll
SlaNiNa o,..m
NOT VAUP WITHOUT 1liE SlONAllJllE 01: 0fl1CINAI. IlAISS) OlllOSSED SfAL or
A Ft.ORItl.\ IlEClSIDED PROFESSlONAL. SIlIMYOR AND IAAPPER.
n\XT^~~.
ftSF1Pi ~~~
8el0Wlllow PIIll\ 0rM. S\Ifla 200
Naplos, I'IaIldll :M10l1
Pltone: (239) 597~575 FAX: l239) 5117-0078
LB No~ 6iS2
FlLE NAME SHEET
0004 1 OF 1