105RDUE Donation Agreement PROJECT: FOREST LAKES MSTU 162523
PARCEL No(s): 105RDUE
FOLIO No(s): 00259240006
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this _2,0 day of l dTc'be{ , 2013, by and between
FOREST LAKES GOLF & TENNIS CLUB, BUILDING NO. 2, INC., a Florida non-profit
corporation, whose mailing address is 187 Forest Lakes Blvd., Naples, Florida 34105,
(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."
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.
8. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Last Revised: 9/23/13
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: ►.G X51
ATTEST: BOARD • (SOU Y COMMISSIONERS
WIGHT E. BROCK, Clerk COLLI: R hb , FLORIDA
<
BY:
At est as to Chairman's Clerk GE I''GIA A. HILLER, ESQ.,
signature only. Chairwoman
AS TO OWNER: FOREST LAKES GOLF & TENNIS CLUB,
BUILDING NO. 2, INC.,
DATED:( -2, (P/ a Florida non-profit corp.
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itn'ss Sign- ure) Print: m ta n/
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Witness (Signature)
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Name (Print or Type)
Approved as to form and legality:
Jenne r A. Belpedi:
Assistant County Att• sey
Last Revised: 9/23/13
• •
LEGAL DESCRIPTION
PARCEL 105ROUE
A ROAD, DRAINAGE AND UTILITY EASEMENT OVER THE SOUTHERLY 60 FEET OF FOREST LAKES GOLF & TENNIS
CLUB BUILDING NUMBER 2 PER CONDOMINIUM BOOK 19, PAGE 115 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. LYING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHWEST CORNER OF FOREST LAKES GOLF & TENNIS CLUB BUILDING NO. 2, AS SHOWN
IN CONDOMINIUM BOOK 19, PAGE 115 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID FOREST LAKES GOLF & TENNIS CLUB N10'00'43"W FOR
60.00 FEET TO THE BEGINNING OF A NON—TANGENTIAL CURVE;
THENCE 327.90 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 2030.00 FEET, THROUGH A
CENTRAL ANGLE OF 09'15'18", AND WHOSE LONG CHORD BEARS N84'36'56"E FOR A DISTANCE OF 327.55
FEET;
THENCE N89'14'35"E FOR 81.36 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF SAID FOREST LAKES GOLF
& TENNIS CLUB BUILDING NO. 2;
THENCE ALONG THE OVERALL PERIMETER OF SAID FOREST LAKES GOLF & TENNIS CLUB, THE FOLLOWING THREE
(3) DESCRIBED COURSES:
1) THENCE SOO'45'25"E FOR 60.00 FEET;
2) THENCE S89'14'35"W FOR 81.36 FEET TO THE BEGINNING OF A TANGENTIAL CURVE;
3) THENCE 318.21 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1970.17 FEET, THROUGH A
CENTRAL ANGLE OF O9'15'15", AND WHOSE LONG CHORD BEARS S84'36'56"W FOR A DISTANCE OF 317.86
FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 24265.3 SQUARE FEET OR 0.56 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
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• FLORIDA;I ROFFSSIOW LAND SURVEYOR CERTIFICATE No. LS# 5301
NOT'VALID WITIAOUT:,:7HUSIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLORIDAO.ICE$IS€D.''SUR5EYOR AND MAPPER.
• THIS'4 NOT Al SURWY.
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TECM - ROW
JUL 2 2 2011
EXHIBIT A
Page ( of r�
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PROJECT: FOREST LAKES IISTU 1:ItAL/Am.
Monolog
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LEGAL DESCRIPTION AL,S JL 1 S Cora Eoexacoring
PARCEL 106RDUE (ROAD. DRAINAGE AND UTILITY EASEMENT) 8810 Wibw Park Drive.Sub.200
PREPARED FOR: COLLIER COUNTY N.970 Florida 7AX:(23
Phone:(239)5970575 FAX:(23 9)597-0578
_ L8 No.:8952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME -SHEET
070190.06.00 I 0 _ 14 I TO 49S 25E N/A 1 7/21/11 I R.A.K. I 105RDUE 11 OF 2
4 o
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N
W E
S
0 50 100
GRAPHIC SCALE
1'=100'
FOREST LAKES GOLF & TENNIS
CLUB BUILDING NO. 2
CONDOMINIUM FOREST LAKES
C.B. 19, PG. 115 GOLF AND TENNIS
FAIRWAY FOREST DECLARATION OF CONDOMINIUM O.R. CLUB
GARDEN VILLAS, A 952 PG. 1952 RECREATIONAL
CONDOMINIUM, C.B. FACILITIES, C.B. 15,
29, PG. 95-98 L=327.90' PG. 44
DECLARATION OF R=2030.00'
CONDOMINIUM, O.R. 6=915'18" N8914'35"E
1267 PG, 4 0. CB 84•36'56"E 81.36'
C3327.55'
? 105RDUE o R FOREST
4.
_o o 24265.3 SF ° BLAKES
LVD
o
°o S89'14'35"W rn
L=318 '21 81.36'
R=1970.17'
6-9'1515" SOUTHERLY BOUNDARY
GB=584'36'56"W OF FOREST LAKES GOLF
POB C=317.86' &TENNIS, BUILDING 2
S.W. CORNER OF
FOREST LAKES GOLF TURTLE LAKE GOLF COLONY
& TENNIS CLUB
BUILDING 2 CONDOMINIUM APTS, BLDG. 11
C.B. 14, PG. 42-53
TURTLE LAKE GOLF DECLARATION OF CONDOMINIUM
COLONY CONDOMINIUM O.R. 835 PG. 479
TURTLE LAKE GOLF APTS, BLDG. 10
COLONY C.B. 7, PG. 2
CONDOMINIUM DECLARATION OF
APTS, BLDG. 1 CONDOMINIUM, O.R. 566
DECLARATION OF PG. 365
CONDOMINIUM, O.R.
583 PG. 652
LEGEND
P08 = POINT OF BEGINNING
O.R. = OFFICIAL RECORDS BOOK
PG. = PAGE
P.B. = PLAT BOOK
C.B. = CONDOMINIUM PLAT BOOK
NO. = NUMBER
SF = SQUARE FEET
BLVD = BOULEVARD
L = LANE EXHIBIT
R = RADIUS
= DELTA
CB= CHORD
D BEARING Page__ of a
C1 = SEE CURVE TABLE
4.9 22,2011 9:01 AV 5:\2007\070190.05.00 rem,2,0,.Y51U\0001 Sk.lcn/Ad 0,.cdynon,\Rry 00\0701000600_10580UE,d,.7
PROJECT: FOREST LAKES MSTU DI
SKETCH OF LEGAL DESCRIPTION CO /� vilE6g°°
CONSULTING Civilying&Mapping
PARCEL 105RDUE (ROAD, DRAINAGE AND UTILITY EASEMENT) 6610 Willow Perk Drive,Solis
PREPARED FOR: COLLIER COUNTY Naples,Monde x.109
Phone:(239)597-0575 FAX:(239)5970.578
LB No.:6952
JOB NUMBER REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
070150.06.00 0 14 495 _ 25E l I" = 100' I 7/21/11 R.A.K. I 105RDUE l 2 OF 2
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