Parcel 168DE PROJECT: 51101 LASIP/Naples Manor Ditch
PARCEL No(s): 168DE
FOLIO No(s): 62150280006 and 62150320005
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this d4' day of 1 1. , 2012- , by and between
INTERAMERICAN BANK FSB, a corporation existing under the laws of the United
States of America, and authorized to do business in Florida, whose mailing address is
9190 SW 24th Street, Miami, FL 33165 (hereinafter referred to as "Qwner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, do 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 an
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
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. Owner shall obtain from the holders of any liens, exceptions and/or qualifications
encumbering the Easement, 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. Prior to Closing and as
soon after the execution of this Agreement as is possible, Owner shall provide
County with a copy of any existing title insurance policy and the Closing
Documents, properly executed, witnessed, and notarized where required, in a
form acceptable to County.
4. Both Owner and County agree that time is of the essence. Therefore, Closing
shall occur within ninety (90) days of the date of execution of this Agreement or
within thirty (30) days of County's receipt of all Closing Documents, whichever is
the later. This agreement shall remain in full force and effect until Closing shall
occur, until and unless it is terminated for other cause.
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.
County shall have sole discretion as to what constitutes "reasonable processing
fees."
6. This Agreement and the terms and provisions hereof shall be ffective as of the
date this Agreement is executed by both parties and shall inur to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, nd/or assignees,
whenever the context so requires or admits.
7. Conveyance of the Easement by Owner is contingent upon n other provisions,
conditions, or premises other than those so stated above; and this written
Agreement, including all exhibits attached hereto, shall co stitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, pro ises, warranties,
or covenants not contained herein.
8. This Agreement is governed and construed in accordance wit 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: 6 4
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
l i ►tee
i 5 ' /``—� BY: .
MO 'i1 " ' pep y • erk FRED W. COYLE, Chairma
J11941''
AS TO OWNER:
INTERAMERICAN BANK FSB,
a corporation existing under the laws of
the United States of America
DATED: 9/ 1 !
By: ('
'►I ne - Sig ,ature)
/4( rtio u.=/Arc- c so
Name (Print or Type)
Witness (Signature)
.4.)02.o 2A--5 .
Name (Print or Type)
Approved as to form and
legal sufficiency:
L__./. #.�. .L
Assistant County Attorney
Last Revised: 04/20/12
EXHIBIT A
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w __ _____ E LOTS 7&8 .,
�. PARCEL NO. Page.---.1 �'� "�"
+ 62150200002 //,./
S
0 20 40
romiRiri. Z 7
GRAPHIC SCALE rl
1°.40' LOT 9
\ \,,,,,,
62APRCEL NO. B L0 C < 0\ E
NAPLES MANOR ANNEX
P.B. 1 PG. 110
' ill z
\ r'�
9
LOT 10
'� r? PARCEL NO.
WESTERLY �*� o' \ 62150320005
LOT LINE *`
'IL 4�i if
1` 168DE v∎ \ ,O
\
N �o. <„, v vAL Jo� 13 c, r, N\ `�
\``(,
\o `D
oTp -9 v LOT 11
PARCEL NO.
LS TrAL 62150360007
a` ,
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LEGEND �°
R/W = RIGHT-OF-WAY `N °
O.R. = OFFICIAL RECORDS BOOK
PG. = PAGE `ti Sl ,,''\ \
P.B. = PLAT BOOK \\"</
A.K.A. = ALSO KNOWN AS Q
NO. = NUMBER I \�
S.R. = STATE ROAD \ .rr
V A = DRAINAGE EASEMENT (DE)
LEGAL DESCRIPTION
PARCEL 168DE
A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
THE WESTERLY 5.00 FEET OF LOT 10 AND THE WESTERLY 5.00 FEET OF THE SOUTHERLY 42.00 FEET OF LOT 9,
TOGETHER WITH THE WESTERLY 9.00 FEET OF THE NORTHERLY 63.00 FEET OF LOT 9, BLOCK ONE, AS SHOWN ON THE
PLAT OF NAPLES MANOR ANNEX, RECORDED IN PLAT BOOK 1, PAGE 110, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
CONTAINING 1302.0 SQUARE FEET MORE OR LESS nal « ROW
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. - 201#
r i
iiii0f---7
MICHAEL A. WARD PROFESSIONAL SURVEYOR A D MAPPER LS# 5301 DATES SI ED
NOT VAL..D WITHOUT THE ORIGINAL SIGNATURE& RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED
l ROI(SSIONAL SURVEYOR AND MAPPER.
THIS IS NOT A SURVEY.
January 26,2011 11:41 AM W02009\090120.02.00 Noplq Honor Ditch And US-41 DINh Design(LASIP)\0001 Sketch And L.gal W.cripuon Pnporotan\Sk.Nh And D44criptionk\152 To 179\166DE.drg
PROJECT: LASIP - NAPLES MANOR DITCH DI/` !11
SKETCH AND LEGAL DESCRIPTION ,CaNsU rI z Civil Sigincering
PARCEL 188DE (DRAINAGE EASEMENT) 6610 WAow Park Dr Na Suite 200
Naples,Florida 34109
PREPARED FOR: COLLIER COUNTY Phone:(239)597-0575 FAX:(239)597-0578
LB No.:6952
JOB NUMBER REVISION f SECTION TOWNSHIP I RANGE SCALE 1/24E 1 1 1 DRAWN BY 1 FILE E i ' SHEET 1 99022.0.02.00 0 29 50S 26E l 1 -