104RDUE Donation AgreementPROJECT: FOREST LAKES MSTU 162523
PARCEL No(s): 104RDUE
FOLIO No(s): 00259120003
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this 9� day of Cr 2b' Y , 2013, by and between
FAIRWAY FOREST GARDEN VILLAS, INC., a Florida non - profit corporation, whose
mailing address is 187 Forest Lakes Boulevard, Naples, Florida 34105, (hereinafter
referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is c/o 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,
ED
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: 9/16/13
CA
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY-
DATED-.. , w4 : -1
ATTEST: ?9
DWIGHT E. BRObK, Clerk
i; tz,;t *' rk
signature only.;
AS TO OWNER:
DATED: 1011513
Witness (Si nature)
Approved as to form and legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER CO �VTY, FLORIDA
BY:
OM H _NNING, Chair <
FAIRWAY FOREST GARDEN VILLAS,
INC., a Florida non - profit corporation
By:
Print: A TA+n a A ')o,)(, ry
Title:
Assistant County Attorney
v,
Last Revised: 9/16/13
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PROTECT: FOREST LAKES MSTU
A /A
SKETCH OF LEGAL DESCRIPTION
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PARCEL 104RDUE (ROAD. DRADUGE AND U77UW EASEMENT)
661c W3bw p.d. o 1,... su4.2m
PREPARED FOR: COLLIER COUM
13
N)597- F6
Prone' (239) 597-45.6 64X: (219) 597 -0676
FAX:
L6 N. 6952
JOB NUMBER REVSION SE,-.-ION TOWNSHIP RANGE SCALE DATE I DRAWN BY I FI!E NAVE SHEET
07019006.O0 1 0 14 495 25E 1" = 100' 7/21111 R.A.K. 104RDUE 1 2 (\F
LEGAL DESCRIPTION
PARCEL 104ROUE
A ROAD, DRAINAGE AND UTILITY EASEMENT OVER THE SOUTHERLY 60 FEET OF FAIRWAY FOREST GARDEN VILLAS,
A CONDOMINIUM PER CONDOMINIUM BOOK 29, PAGE 95 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 FAIRWAY FOREST GARDEN VILLAS, A CONDOMINIUM PER
CONDOMINIUM BOOK 29, PAGE 95 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE WESTERLY BOUNDARY OF SAID FAIRWAY FOREST GARDEN VILLAS, N05'02'35 "E FOR 60.00
FEET TO THE BEGINNING OF A NON — TANGENTIAL CURVE;
THENCE ALONG A 60 FOOT WIDE ACCESS AND UTILITY EASEMENT AS SHOWN ON SAID FAIRWAY FOREST GARDEN
VILLAS CONDOMINIUM PLAT, THE FOLLOWING THREE (3) DESCRIBED COURSES:
1) THENCE 401.14 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1970.00 FEET, THROUGH A
CENTRAL ANGLE OF 11'40'00 ", AND WHOSE LONG CHORD BEARS S79'07'25 "E FOR A DISTANCE OF 400.44
FEET, TO THE BEGINNING OF A NON — TANGENTIAL CURVE;
2) THENCE 301.01 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 538.57 FEET, THROUGH A
CENTRAL ANGLE OF 32'01'22 ", AND WHOSE LONG CHORD BEARS S89' 17'23 "E FOR A DISTANCE OF 297.11
FEET, TO THE BEGINNING OF A NON — TANGENTIAL CURVE;
3) THENCE 187,03 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 2030.DO FEET, THROUGH A
CENTRAL ANGLE OF 05'16'44 ", AND WHOSE LONG CHORD BEARS N77'20'55 "E FOR A DISTANCE OF 186.96
FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID. FAIRWAY FOREST GARDEN VILLAS;
THENCE ALONG THE OVERALL PERIMETER OF SAID FAIRWAY FOREST GARDEN VILLAS, THE FOLLOWING FOUR (4)
DESCRIBED COURSES:
1) THENCE S10'00'43 "E FOR 60.00 FEET TO THE BEGINNING OF A NON — TANGENTIAL CURVE;
2) THENCE 181.49 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1970.00 FEET, THROUGH A
CENTRAL ANGLE OF 05'16'43 ", AND WHOSE LONG CHORD BEARS S77'20'56 "W FOR A DISTANCE OF 181.43
FEET, TO THE BEGINNING OF A NON — TANGENTIAL CURVE;
3) THENCE 334.53 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 598.57 FEET, THROUGH A
CENTRAL ANGLE OF 32'01'18 ", AND WHOSE LONG CHORD BEARS N89'17'25 "W FOR A DISTANCE OF 330.19
FEET, TO THE BEGINNING OF A NON— TANGENTIAL CURVE;
4) THENCE 388.92 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1910.00 FEET, THROUGH A
CENTRAL ANGLE OF 11'40'00 ", AND WHOSE LONG CHORD BEARS N79'07'25 "W FOR A DISTANCE OF 388.25
FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN,
CONTAINING 53823.4 SQUARE FEET OR -1.23 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
;MICHAEL_A-WARD DATE SIGNED
P EL,rORIDA POOFiS`'jONAL LAND SURVEYOR CERTIFICATE No. LS# 5301
NOT IVALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
FLONDA;'LICENSEP SURVEYOR AND MAPPER.
t
THIS IS NOT' ,A SURVEY.
TECM - ROW
JUL 2 2 2011
PROJECT: FOREST LAKES MSTU
LEGAL DESCRIPTION
PARCEL 104RDUE (ROAD, DRAINAGE AND UTILITY EASEMENT)
PREPARED FOR: COLLIER COUNTY
CAL JOB 070190.06EC0 I REVISION I SE14 N I TO
49S IP I R25EE I N AE 7/21/11
EXHIBIT
Page of.
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v TI a �Z%. a
6610 Willow Park DrNe, Suite 200
Naples, Flmitla 31109
Phone: (239) 697 -0575 FAX: (239) 597 -0578
LB No.: 6952
DRAWN BY FILE NAME SHEET
R.A.K. 104RDUE 1 1 OF 2
I