108RDUE Donation Agreement PROJECT: FOREST LAKES MSTU 162523
PARCEL No(s): 108RDUE
FOLIO No(s): 00263200207
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this t.}. k, day of O( c2cf , 2013, by and between
EMERALD GREENS CONDOMINIUM ASSOCIATION, INC., a Florida non-profit
corporation, whose mailing address is c/o R&P Property Management, 265 Airport Road
South, Naples, Florida 34104, (hereinafter referred to as "Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is
do 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to
as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a non-
exclusive Easement to enter upon and to install, operate and/or maintain roadway,
bikepath and sidewalk improvements, street or roadway accent lighting, landscaping
and irrigation systems, drainage structures, and amenities appurtenant thereto including
but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems,
underground pipes, various types of water control structures and any and all manner of
public and private utility facilities over, under, upon and across the property described in
Exhibit "A" 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."
0
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 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, provided however that the parties
hereto acknowledge that the easement contemplated herein shall constitute an
easement running with the land and shall burden the lands described in Exhibit
"A". IF AT ANY TIME THE FOREST LAKES ROADWAY AND DRAINAGE
MUNICIPAL SERVICE TAXING UNIT SHALL CEASE TO EXIST OR THE
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY SHALL
CEASE TO OPERATE AS THE GOVERNING BODY OF THAT MSTU AND THE
FUNDS OF THAT MSTU SHALL BE EXHAUSTED THE EASEMENT AREA
DESCRIBED HEREIN SHALL REVERT TO GRANTOR, ITS SUCCESSORS OR
ASSIGNS.
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.
Last Revised: 9/16/13
()
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 C'I U Ty: ®
DATED: (� O 20� 21313
ATTEST: BOARD •F C o UNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLI R CO' NTY FLORIDA
_
, -:Depu r Mrk GEORGIA A. HILLER, ESQ.,
Attest as to Chairmank.F. Chairwoman
signature only.
AS TO OWNER EMERALD GREENS CONDOMINIUM
DATED: /6/5/43 ASSOCIATION, INC., a Florida non-profit corp.
i ness 4 By- �-ter®
(Signatures
Print: ,!
is Soo C Title: *,-- -
Name (Print or Type)
I / 1,1
Witness (Signature)
ARE n/ G4n/11i',d6-
Name (Print or Type)
Approved as to form and legality:
Jennifer A. Belped
Assistant County A ney CY
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF cOUNTY COMMISSIONERS,
COLLIER COUNTY FLORIDA,
OF RESOLUTION COUNTY, FLORIDA, 1 •
Last Revised: 9/16/13
9
LEGAL DESCRIPTION
PARCEL 108ROUE
A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
BEING A PORTION OF EMERALD GREENS, A CONDOMINIUM. PER OFFICIAL RECORDS BOOK '418, PAGE 1831 OF
THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING A" THE SOUTHEAST CORNER OF EMERALD GREENS, A CONDOMINIUM PER OFFICIAL RECORDS BOOK
1418 PAGE 1831 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE ALONG THE SOUTHERLY
BOUNDARY OF SAID EMERALD GREENS, S80'53'23"W FOR 75.45 FEET; •
THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID EMERALD GREENS, NO3'56'13"W FOR 56.19 FEET TO THE
BEGINNING OF A TANGENTIAL CURVE;
THENCE 213.30 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 772.00 FEET, THROUGH A CENTRAL
ANGLE OF 15'49'49", AND WHOSE LONG CHORD BEARS NO3'58'41"E FOR A DISTANCE OF 212.62 FEET, TO THE
BEGINNING OF A NON-TANGENTIAL CURVE;
THENCE 217.40 FEET ALONG A CURVE TO THE LEFT, HAVING A RAD US OF 505.75 FEET, THROUGH A CENTRAL
ANGLE OF 24'37'46", AND WHOSE LONG CHORD BEARS WO0'25"7"W FOR A DISTANCE OF 215 73 FEET, TO
THE BEGINNING OF A NON-TANGENTIAL CURVE;
THENCE 176.90 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 665.00 FEE-, THROUGH A CENTRAL
ANGLE OF 15'14'31". AND WHOSE LONG CHORD BEARS NO5'06'55"W FOR A DISTANCE OF 176.38 FEET, TO
THE BEGINNING OF A NON-TANGENTIAL CURVE;
THENCE 187.64 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1894.23 FEET, THROUGH A
CENTRAL ANGLE OF 05'40'32", AND WHOSE LONG CHORD BEARS N05'20'37"E FOR A DISTANCE OF 187.56
FEET, TO THE BEGINNING OF A NON-TANGENTIAL CURVE;
THENCE 88.51 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 403.00 FEET, THROUGH A CENTRAL
ANGLE OF 1740'39", AND WHOSE LONG CHORD BEARS NO1'50'33"E FOR A DISTANCE OF 88.33 FEET;
THENCE N04'29'46"W FOR 167.72 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE;
THENCE 100.13 FEET ALONG A CURVE TO THE RIGHT, HA.V',NG A RADIUS OF 227.88 FEET, THROUGH A CENTRAL
ANGLE OF 2510'29", AND WHOSE LONG CHORD BEARS NO4'50'07"W FOR A DSTANCE OF 99.32 FEET. -0 THE
BEGINNING CF A NON-TANGENTIAL CURVE;
THENCE 178.61 FEET ALONG A CURVE TO THE RICH', HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL
ANGLE OF 93'01'52", AND WHOSE LONG CHORD BEARS N54'16'04"E FOR A DISTANCE OF 159.62 FEET, TO THE
BEGINNING CF A NON-TANGENTIAL CURVE:
THENCE 81.74 FEET ALONG A CURVE TO THE RIGHT. HAVING A RADIUS OF 1357.04 FEE". THROUGH A CENTRAL
ANGLE OF 04'25'50", AND WHOSE LONG CHORD BEARS S77'00'05"E FOR A DISTANCE OF 8'.72 FEET, TO THE
BEGINNING OF A NON-TANGENTIAL CURVE;
THENCE 154.09 FEET ALONG A CURVE TO THE LEE, HAVING A RADIUS OF 475.02 FEET, THROUGH A CENTRAL
ANGLE OF 18'35'07", AND WHOSE LONG CHORD BEARS N86'C3''1"E FOR A DISTANCE OF 153.41 =Ec, "0 T-4E
BEGINNING OF A NON-TANGENTIAL. CURVE,
THENCE 324.66 FEET ALONG A CURVE -0 THE RIG-T, HAVING A RADIUS 0` 989.95 FEE-, -FROLIC- A CENTRAL
ANGLE OF 18'47'27", AND WHOSE LONG CHORD BEARS N89'34''9"E FOR A DISTANCE 0' 323.21 'CE, 7C 'HE
BEGINNING 0' A NON-TANGENTIAL CURVE;
THENCE 158.85 =SET ALONG A CURVE TO THE LEE-, HA'V:!NG A RADIUS OF 521.00 FEET, THROUGH A CENTRAL
ANGLE OF 18'34'10", AND WHOSE LONG CHORD BEARS N89'40'57"E FOR A DISTANCE OF 168.12 FEET, TO THE
BEGINNING OF A NON-TANGENTIAL CURVE:
THENCE 93.11 FEET ALONG A CURVE TO THE RIGHT, -AVIV, A RAD:.:S OF 1318.64 FEET, THROUGH A C._^.TRAL
ANGLE OF 04'02'44", AND WHOSE LONG CHORD BEARS N80'47'06"E FOR A DSIANCE OF 93.09 "ET, -C A
POINT ON 'HE EASTERLY BOUNDARY OF SAID EMERALD GREENS;
THENCE ALONG THE EASTERLY BOUNDARY OF' SAID ENIERA_D GREENS, THE ECLLOWING FIVE (5) DESCRIBED
COURSES:
1) THENCE S26'52'07"E FOR 62.43 FEET TO (HE BEGINNING OF A NON-TANGENTIAL CURVE;
2) THENCE 48.76 FEE1 ALONG A CURVE 10 -HE R'CH', HAVNG A RADIUS OF 51/.51 FEE I, FHROLGH A
CENTRAL ANGLE OF 05'23'55", AND WHOSE LONG CHORD BEARS 580'53'38"W FOR A DISTANCE OF 48.74 EECT,
TO THE BEGINNING OF A NON-TANGENTIAL CURVE;
3) THENCE 48.77 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS CF 513.53 FEET. THROUGH A
CENTRAL ANGLE OF 05'26'30", AND WHOSE LONG CHORD BEARS S86'2C'06"W FOR A DISTANCE OF 48.75 FEET:
4) THENCE S89'03'13"W FOR 811.38 FEET;
5) THENCE SDO'46'49'E FOR 1212.67 FEET, TO HE POINT OF BEGINNING OF THE PARCE_ DESCRIBED HEREIN.
CONTAJNING 129,955 SQUARE FEET OR 2.98 ACRES MORE OR LESS. SJBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
EXHIBIT A
•
•
/ .. Page__L_of a
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MICHAEL.A. V,a2D: DATE SIGNED
FLORIDA•PROF ESSIbra_-5GD SURVEYOR CERTIFCATE No. LS fi 5301
NOT VALiO_'WIT,'OUT 'THE-SEINATURE AND THE ORIGINAL RAISED SEAL O- A
FLORIDA LICENSED__SL!Rk\'OR AND MAPPER. TECM - ROW
•THIS IS NOT -SUR;Ty OCT 2 U 2011
Dnoear rl,Arl.0.P.S'VIXN1e1e,90.03_»Fweai lame MSRIWr:Sow.:+"a 4\0,0r90b00_:Oeo,Yf.ewa
PROJECT: FOREST LAKES MSTU DW
LEGAL DESCRIPTION i�'ULTI 1'•c�
PARCEL 108RDUE (ROAD, DRAINAGE AND UTILITY EASEMENT) ee\c wows Park Drive.Suite 20o
PREPARED FOR: COJ.T.TF,R COUNTY N9 Po F'a'°9
Phone:(299)s07`67.13575 FNC 12357 59?-057e
LB No.:
JOB NUMBER REVISION S=C'!DN TOWNSHIP RANGE SCALE _,RTE iRAWN BY FILE NAME NAM= ''SHEET A
070190.06.00 14 ` ABS 25E N/A 1C/ 1/1 R.A.K. IC8RDUE ' cF 2
' I
• I
N
W 4 E
S
° 100 200 OODSHIRE
GRAPHIC SCALE PHASE II O.R.
''200 1180, PG. 834
EMERALD GREENS,
QUAIL RUN A CONDOMINIUM
L=81.74' L=154.09' O.R. 1418, PG.
GOLF CLUB R=1057.04' R=475.02' 1831-1946 L=93.11'
O.R. 1086 e=4'25'50" d=18'35'07" R=1318.64'
PG. 1013 CB=S7T00'05"E CB=N86 03'1 1"E a=4'02'44"
C=81.72' C=153.41' CB=N80'47'06"E
L=324.66' C=93.09'
61 R=989.95' L=168.85' S26'52'07"E
�.<1.6.1opg2 A=18'47'27" R=52100' 62.43' 7
r----
®9w�k��04"E CBaN89'34'19"E �,o d�=�,1,�8 3410" i
"`'�v69'4D'S7`E
L=100.13' � d/2 /
R=227.88' / 589'03'131N 811.38'
L=48.77'
A=25'10'29" / R=513.53'
CB=N04'S0'07"W
A=5'26'30-
C=99.32' /
/ C8=586 20'061Y REF O
CORNER OF
C
0=48.75'
I EMERALD
L=48.76' GREENS
N04'29'46"W R=517.51'
167.72' / e=5'23'55`RLY BOUNDARY
L=88.51' / OOFFTEEMMERALD GREENS CB=S80'53'38"W
R=400.00' C=48.74'
A=1240'39" 60' ROADWAY EASEMENT O.R.
C8=NO1'S0'33"E , BOOK 517 PG 865-869
C=88.33' 108RDUE A.K.A. (WOODSHIRE LANE)
L=187.64' r 129.955 SF
R=1894.23'
A=5-40'32- o
C8=NO5'2o'37'E q QUAIL RUN GOLF CLUB
C=187.56' / MAINTENANCE FACILITY
A
1
L=176.90' m
R=665.00'
A=15-14'31" N NAPLES BATH &
CB=NO5'06'551v a, TENNIS CLUB
C=176.38'
L=21 7.40'
R=505.75'
e=24'37'46"
C6=N00 25' 3
C=
211f5.7 '
J3
L=213.30'
R=772.00' / POB
A=15'49'49- SOUTHEAST CORNER OF
CB=NO3'58'41"E EMERALD GREENS, A EXHIBIT
C=212.62' 4 CONDOMINIUM PER O.R. 1418
NO3'55'131W PG. 1831 Page c9- of
56.19'
-
580'53'23"W
75.45' LEGEND
FAIRWAYS AT P0B = POINT OF BEGINNING
EMERALD GREENS, O.R. = OFFICIAL RECORDS BOOK
A CONDOMINIUM PER PG. = PAGE
SF = SQUARE FEET
O.R. 1644, PG. L = LANE
\ 1368-1495 R a == DELTA RADIUS
\ CB = CHORD BEARING
C = CHORD
oeen"•II."7, •y PY sA2 (QTOr9ootcN foiw■La. gan/(0Wr fl..And 4.np1....Vp"oo\O'0,920600_,olWISC.y
PROJECT: FOREST LAKES MSTU D%ATA1
SKETCH OF LEGAL DESCRIPTION CONSULTEzNQ Cnil PARCEL 108RDUE (ROAD, DRAINAGE AND UTILITY EASEMENT)
A. T T1 t
6610 wm„Park 1)::::.:::sue.200
PREPARED FOR: COLLIER COUNTY apes.F(od ,09
Phone;(239)592-0515 (239)597-0577
A No.:
JOB NUMBER RCOSION SEC?:01C TOWNSHIP BARGE ' SCALE DATE DRAWN By FIDE NAME SHEET
070190.06.00 0 14 49S 25E 1" = 200' _ 10/11/11 R.A.K. 1O3RDUE 2 0, 2
0