Parcel 261DEPROJECT: LAS IP 51101 (Naples Manor North Canal)
PARCEL No(s): 261 DE
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and
entered into on this 44 day of 2012- , by and ABBINGTON
VILLAGE CONDOMINIUM ASSOCIATI N, INC. a Florida not - for - profit corporation,
whose mailing address is c/o Guardian Property Management, 6704 Lone Oak
Boulevard, Naples, Florida, 34109 (hereinafter referred to as "Association ") and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "County ").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Perpetual,
Non - exclusive Drainage Access and Maintenance 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 monetary compensation 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 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. Owner shall
provide such instruments, properly executed, to County on or before the date of
Closing.
INSTR 4665203 OR 4771 PG 1025
RECORDED 3/6/2012 11:30 AM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $44.00
4. Both Owner and County agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days from the date of execution of this Agreement by
the County; 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 or release any and all such liens, encumbrances
or qualifications affecting County's enjoyment of the Easement. Such right to
extend may be exercised by the County Manager or his designee for an additional
term not exceeding ninety (90) days without further Board action. All additional
extensions must be Board approved. At Closing, Owner shall deliver the Closing
Documents to County in a form acceptable to County.
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. County shall, as part of its Canal Improvement project, relocate onto Owner's
property, south and west of Building G and North and East of the Easement, the
large Royal Palm presently located within the proposed Easement area.
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 assignees,
whenever the context so requires or admits.
8. 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.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Last Revised: 03/30/11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED-, Z - z 8
ATl'EST.,
bWIGHT F. BRQCK, Clerk
tl
ySClerk
AS TO ASSOCIATION:
WITNESSES:
(Sign ture)
WCHELLE L. SWEE4°
(Print full name)
gnature)
6cr-4 GKe. -COx
(Print full name)
Approved as to form and
legahg ficiency: \
Wri ht
sta t County Attorney
Last Revised: 03/30/11
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: luck W
FRED W. COYLE, Chairma
ABBINGTON VILLAGE CONDOMINIUM
ASSOCIATION, INC., a Florida
not - for - profit corporation
By:
(Sifft-1
e
( Pript f II name)
(Corporate Title)
LEGAL DESCRIPTION
(DE01: DRAINAGE EASEMENT)
A PARCEL OF LAND LYING IN SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA;
THENCE ALONG THE WEST LINE OF SAID SECTION 20, NO2'46'34 "E FOR A DISTANCE OF 112.34 FEET, TO A
POINT ON THE NORTHERLY BOUNDARY OF A DRAINAGE EASEMENT, AS SHOWN ON THE PLAT OF LELY GOLF
ESTATES ST. ANDREWS WEST, RECORDED IN PLAT BOOK 10, PAGE 93 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, S39'06'20 "E FOR A DISTANCE OF
15.01 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, THE FOLLOWING TWO (2) DESCRIBED
COURSES:
1) THENCE S39'06'20 "E FOR A DISTANCE OF 33.34 FEET;
2) THENCE S89'30'52 "E FOR A DISTANCE OF 25.95 FEET;
THENCE LEAVING THE NORTHERLY BOUNDARY OF SAID DRAINAGE EASEMENT, N39'06'20 "W FOR A DISTANCE OF
72.17 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF A 10.00 FOOT WIDE UTS EASEMENT, PER
ABBINGTON VILLAGE, A CONDOMINIUM, RECORDED IN CONDOMINIUM BOOK 35, PAGE 15 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EASTERLY BOUNDARY OF SAID UTS EASEMENT, S02'47' 10 "W FOR A DISTANCE OF 29.95
FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 1055.1 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
MICHAIErW WARS. DATE SIGNED
FLORIDA PROFESS NA1„ LAND, SURVEYOR CERTIFICATE No. LS# 5301
NOT VALID WiTtib,bT 1� SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLOROA LI,C�ERtE1 SLIOYP/ 0R AND MAPPER.
THIS L$ NOI A �UHY
I
January 19, 2012 10:28 AM W: \2009 \090220.01.00 Naples Manor North Canal Design (IASIP) \0002 Sketch MO Legal Description Preparation \Sketch ME Descriptions Rev01 \09022001000E01— Rev0l.dwg
INC.
PROJECT: LASIP — NAPLES MANOR NORTH CANAL DXXTAv"g .on
LEGAL DESCRIPTION CONSULTING Civil Fmginecing
AL 1& T T L a Surveying & Mapping
PARCEL DE01 (DRAINAGE EASEMENT) 6610 Willow Park Drive, Suite 200
Naples, Florida 34109
PREPARED FOR: COLLIER COUNTY Phone: (239) 597 -0575 FAX: (239) 597 -0578
_B No.: 6952
jOH NUMBER REVISION I SECTION I TOWNSHIP RANGE SCALL DAIS DRAWN BY FILE NAME SHEET
990220.01.00 1 20 50S 26E N A 1 19 12 R.A.K. DE01 —ReV01 1 OF 2
X
i
W T— E '
S m m
0 20 40 N
cD O
GRAPHIC SCALE
1 = 40'
CP Cn i
O O I
C/) C/)
A PORTION OF TRACT J,
O.R. 1108 PG. 140
N N ABBINGTON VILLAGE
m m CONDOMINIUM BOOK 35, PG. 15
DRAINAGE 29,95'
EASEMENT PER S02- 47'1O"W
P.B. 10 PG. 93
S39'06'20 "E
15.01' y
POB s� k DE01
1055.1 SF
:t I •�R?os
<11 - - -
N S89'30'52 "E
25.95'
d o
M m
O.R. 35
x_
PG. 10' UTS EASEMENT
3204 4 PER C.B. 35 PG. 15
iN
PARCEL NO. z 1 iA
55150680008
0
C4
C4
SECTION 19 TWP. 50S RGE. 26E SECTION 20 TWP. 50S RGE. 26E
SECTION 30 TWP. 50S RGE. 26E SECTION 29 TWP. 50S RGE. 26E
O.R. 3508 PG.
3204
PARCEL NO.
55150680008
O.R. 2318 PG.
2263
PARCEL NO.
00439400006
LEGEND
POC =
POINT OF COMMENCEMENT
POB =
POINT OF BEGINNING
O.R. =
OFFICIAL RECORDS BOOK
PG. =
PAGE
P.B. =
PLAT BOOK
C.B. =
CONDOMINIUM PLAT BOOK
NO. =
NUMBER
SF = SQUARE FEET
®
= DRAINAGE EASEMENT (DE)
POC
S.W. CORNER OF
SECTION 20
January 19, 2012 10:28 AM W: \2009 \090220.01.00 Naples Manor North Canal Design (LASIP) \0002 Sketch And Legal Description Pmpamt;on \Sketch And Descriptions R@W1 \0902200100DE01— R@W1.dw9
LPSKETCH CT: LASIP — NAPLES MANOR NORTH CANAL ��XTA IN�V uatizafion
OF LEGAL DESCRIPTION CONSULTING Civil Firgineering
Z\ T T L 1 Surveying & Mapping
L DE01 (DRAINAGE EASEMENT) 6610 Willow Park Drive, Suite 200
Naples, Florida 34109
ARED FOR: COLLIER COUNTY Phone: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
NUMBER RE VISION SECi10N TOWNSHIP RANCE SCALD DATL DRAWN BY FILE NAME 0.01.00 1 20 50S 26E 1 " = 40' 1 19 12 R.A.K. DE01 —Rev01 2 01 2
•