Swales & Culverts Donation AgreementPROJECT: FOREST LAKES MS-f U 162523
PARCEL No(s): Golf Course Swales and Culverts
FOLIO No(s): 00261400009
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this T_" day of 6fauA& , 2014, by and between
QUAIL RUN GOLF CLUB, INC., a Florida non-profit corporation, whose mailing
address is #1 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 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, to install, operate, and /or maintain 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 facilities related to drainage
control 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 ase true and correct and are hereby expressly
incorporated herein by reference as if set forth fu:•.�, 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 Court; 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 pubic 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 anu the terms and provisions hereof sha :' 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 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 uc ^tained herein.
8. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Last Revised: 2/24/14
LIEN
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: 3'I a- 004-
ATTEST:
DWIGHT E. BROCK,.CIerk
$i- --
pt8 utyClerk
sigs e'Q' �"
n
AS TO OWNER:
DATED: , Ii�3
'Witness (Signature)
G re o P. 1\ Lk o
Name rin or Type)
cam_
Witness (Signature)
ck, i Lo. \e_ ___
Name (Print or Type)
Approved as to form and legality-
\) cj,
Jennifer A. Belpe lio,
Assistant County Attorney op
Last Revised: 2/24/14
BOARD OF COUNTY COMMISSIONERS
COLLIER OU Y, FLORIDA
BY-,
d' om Hf_6jkl,A/G
C HAI 2 r".q ✓ J
QUAIL RUN GOLF CLUB, INC.,
a Florida non - profit corp.
By: AAZV��
Print: &Ijkki Any nit ZMA143'
Title: ?46S O F14
a�
CA
Exhibit "A"
Limited to 50 feet from the outside border of the property described below, together with each of the swale
and culvert crossings of the golf course property.
LEGAL DESCRIPTION
FOREST LAKES ESTATES - GOLF COURSE WESTERLY TRACT OF LAND
A tract of land in Section 14, Township 49 South, Range 25 East, Collier County, Florida and being more
particularly described as follows:
From the Northwest corner of said Section 14, run SO °19'00 "W, a distance of 50 feet to the southerly right of
way line of S.R. 931; thence run East along said right of way, a distance of 1275.27 feet to a point; thence
run South, a distance of 164.44 feet to a point on a curve; thence run westerly along the arc of a curve to the
right, a distance of 20.06 feet to a point, said curve having a radius of 1527.85 feet, a delta of 0 045'68 ", a
chord of 20.06 feet bearing S64 °42'06 "W, thence run S24 °55'20 "E, along a radial line, a distance of 60.0 feet
from PRC; thence run wes ±erly along the arc of a curve to the right, a distance of 221.84 feet to the Point of
Beginning, said curve having a radius of 1587.85 feet, a delta of 800018 ", a chord of 221.66 feet bearing
SW04'49 "W:
Thence continue westerly along the arc of the same curve, a distance of 463.29 feet to a point, said curve
having a delta of 16 °43'02 ", a chord of 461.64 feet bearing S81 °26'29 "W; thence run SO °12'00 "E, along a
radial line, a distance of 150.00 feet to a point; thence run S75 °23'50 "W, a distance of 143.65 to a point;
thence run S24 °56'00 "W, a distance of 130.68 feet to a point, thence run W31'50 "W, a distance of 202.24
feet to a point; S3 °44'50 "W, a distance of 300.66 feet to a point; thence run South, a distance of 2000.00 to a
point; thence run S24 °34'49 "W, a distance of 235.90 feet to a point; thence run S71 °20'00 "E, a distance of
163.46 feet to a point; thence run S0 050'00 "W along a radial line a distance of 150.00 feet to a point on a
curve; thence run easterly along the arc of a curve to the loft, a distance of 78.82 feet to a PRC, said curve
having a radius of 416.87 feet, a delta of 10 °50'00 ", a chord of 78.70 feet bearing N85 °25'00 "E; thence run
along the arc of a curve to the right, a distance of 195.38 feet to a point, said curve having a radius of 889.88
feet, a delta of 12 °34'47 ", a chord of 194.99 feet, bearing N86 °17'23.5 "E; thence run N2 034'47 "E, along a
radial line, a distance of 161.22 feet to a point; thence run S78 032'00 "E, a distance of 216.74 feet to a point;
thence run N89 °29'00 "E, a distance of 546.32 to a point; thence run N80 012'00 "E, a distance of 686.10 feet
to a point; thence run N23 °31'31 "W, a distance of 234.22 feet to a point; thence run N49 °10'00 "W, a distance
640.00 feet to a point; thence run N48 °00'00 "W, a distance of 552.00 feet to a point; thence run
N12 030'00 "W, a distance of 582.00 feet to a point; thence run N5 °10'00 "W, a distance of 356.00 feet to a
point; thence run N8 °50'00 "E, a distance of 773.55 feet to a point; thence run N82 °56'00 "W, a distance of
127.29 feet to a point; thence run S16 030'00 "W, a distance of 608.95 feet to a point; thence run S2 °40'12 "W,
a distance of 508.41 feet to a point; thence run S22 °31'54 "E, a distance of 821.92 feet to a point; thence run
S51 031'10 "E, a distance of 483.45 feet to a point; thence run S51 015'00 "E, a distance of 304.00 feet to a
point; thence run S40 °50'10 "E, a distance of 252.00 feet to a point; thence run S50 °48'52 "W, a distance of
78.29 feet to a point; thence run N73 °00'00 "W, a distance of 220.00 feet to a point; thence run S67 °19'00 "W,
a distance of 209.48 feet to a point; thence run S87 040'00 "W, a distance of 150.00 feet to a point; thence run
S64 °20'00 "W, a distance of 252.00 feet to a point; thence run N65 015'00 "W, a distance of 675.00 feet to a
point; thence run N10 030'00 "E, a distance of 478.00 feet to a point; thence run NO °30'00 "W, a distance of
485.00 feet to a point; thence run N10 °45'00 "W, a distance of 351.00 feet to a point; thence run N2 °40'00 "E,
a distance of 694.00 feet to a point; thence run N6 000'00 "E, a distance of 345.00 feet to a point; thence run
N78 025'00 "E, a distance of 397.52 feet to a point; thence run N17 °00'00 "E, a distance of 152.19 feet to the
arc on a curve; thence run northerly along the arc of a curve to the left, a distance of 214.83 feet to the
intersection with another curve and the Point of Beginning, the aforementioned curve having a radius of
Last Revised: 2/24/14
as
351.23 feet, a delta of 35 °02'44 ", a chord of 211.50 feet bearing N0031'22 "W, and said tract of land
containing 38.6521 acres more or less.
LIX.GAL pLSCRZl'T O'N
GOT,L' C0JR,1,E" CLUltiIOUSt� 49 Soutl, Range
A, tract or land • in Section 141' Townahin ore pari:licularly
25 idst,,Qolli.er County, lorida and being
described as follows:
From -tile Northwest corno of said Section 14, run S 0° 19' 00" w,
a distance oa 50.0 goat to.the southerly right of Lvay of S.R. 5313
;:l:enc•a run East along said east right of way, a 'distances of
1275.2.7 feet: to a point; thence run South, a clisalone the arc
fee:: to a point on a curve; thence run westerly g.
of c► curve: to tltc right, a distance of 2.0.OG fact to 1 poitlL-,
t' i�r05
cu v1ing a radiu of 15270.fo c V 269 E,
said 20OG 06auhezuS2
along a radial lino a,di$tance of.ti0.0 feet to a PRC, said p
oint also
being the Point oi: �eganning: a
T11e11t run. easterly along the arc of a curve to the right,
distance o£ 122.04 feet to the PT, -said curve having a radius
of
distance feet, a delta of 690 55' 20 ", a chord of 114.60 focE
b�a;:anct S 79° 57' 40" E' thence run S 45° 00' 00" };, a di long the
thence run : outhorly along
o% 4 7 .?4 ;`�.�� l: tt� th�a 1 C of a curve; . 4 t; f t�c:t t:o thu PT,
0U :l t.'L11 :V:: t:A Uhil. t;;i,t)ht, c"1 Cl�:it:atlCe Q.0 7G hC 'I
o-£.8•f3;5i't:ot, a clult:L tttenco
:,aiC! r111'Vt: }1•tvi ulq a �-aclitt:� E.`t 20.0 16' 00" }' ;
2f:' 00" , .t oil' of 74.3, , •feet to the PC of a
run S " ° 28' 00" w, 4-AJ kj;4Ato —C 3�`
r3 along tier aid?} a curve to the
curve; thence run s' h X r ,� poS1 , Said curve having
�' X28.98 feet . -o a
right, a d.is..ance off, ` 04
a radius of 2847.31 ,kee::, �a delta of 2° '
s S 5 ° 4 G' 00' ti1e;►cn_ run > 1
a chord of 128.+,97 �e� �bearixig �` to
S2° 5u' 00 "t :r, along• a �i �. Line, � =r �stanc2 of\, 328.09 '68 feet
00" r dist�alce tof 121.68
thence xun ' 7„7. ° ' ` arc of a
a point; 1 f ,�°' ,.��°. ,once tha
_ to t:itc PC of
a cu rve�h n y to point of
r;ui :vts t:c1 l:ht. t•t:t cli. t. c cltt:vo
t 1't.lt ot:l 11_ Ltd v¢, rtt. rc,rncnt:ii 20„ ,
•, t;l clt,io ��
11. iv, :l r•tcli.titr ; •`3, Lie °, 1 ; 1 once run ca; terly
chord of 247.5 ' -�ct bcar�ng N � �1 left, ;a stance of 1G1.84
r,10 -,Jo the arc '"' `other curve to t 1 radius
f: t pp . tat£ Beginning; saiA, urge .h :tg a
,. ut o• the G1 5° 50t 2'', ai°ti og 161.77 .,eat
Of 1587.85 f-cc4 _c lta oL d containing
bac:xinU N G70 59 and said trac e-§
2.9957 acres more -"�.r
.may• _._.......__._.�...... �M �.. ,..•;
RECORDER'S MEMO: Legibility
of writing, Typing or Printing
uwati6fuctory in thie documeut
when received.
Last Revised: 2/24/14
CA
'11ECORUER'S MEMO: Legibility OR BOOK PAGE
of writing,, Typing or Printing
unsatieraetory in illin document
when roeelred.
LEGAL DESCRIPTION
?vRT'ST LA ES ESTATES - GOLF COURSE. EASTERLY TRACT OF LAND
t:aC4
OE land in Section 14, TOWn:;hip 49 South, Rang= 25
CulliOr cminty, 11Ga:id:, being 'described in two (2) parcels
;.: JC: '.tip . woro particularly d:acribed as follows:
:Or:l ; :Q NO;:t" Quarto:: corner of said Section 14, r_un Soutll, a dis-
ta t1
::Cc`• O; �.0 ; a
et to ,:he southerly right of Way Or .S -2- 531 and
of noginn -ng of Parcel: 1. .
Tlhcnce run N 390 59' 40" a:, along said right- of way; a distance of
12G3.S1 foot: to a point; thence run S 0° 04' la" E, a distance
Of 420.07 feet to a point, said point being the 2.C. of a curve;.
zhcncc run x4o- sto:ly along t;.c arc of a curve to the right, a
dj! :;, Z'.;ice of 15.21 to a point, said curve
h:vi �J :,.tt:iuc of 1057.93 fccL; c, delta p,f 01 52' 40 a chord 1.
1;.'.l f:.:t bc:ara.;lg ti fig" 3 -/' 58 W; thence run .I 0° 48' 22"
alo- .l : ill liriC, Cil ,tanCC 0;'. 80.22 feet to a point'; ti1C11Ct]
run N 650 15'00" W, a distance of 527.97 feet to a. point; thence
run S Su° 00' 00".W, a distance of 414 -08 feet to a point; th e n c e
run X 760 00' 00" W, a distance of 237.00
.".oat to a point; thence r 41" S9, a'distance of 135.09
felt to a point; there i n W;. a distance Of 335.00
t a distance of :00.05
foot o a point; therS'II9° 0 �r
feet to a point- t zl tin N 82° QO't a distance of 493.78
fret- to a point; run North, a dis f 154.93 feet to
the sO;:t: ho'-ly ri lit S. R.. 531; t 11c run East along
iA .: `gllt�oi Wi �rgd lice of �1.• 4-V-88 fc t t the "Point or
I:cv]i::nin,1,
and aid' parcel c ta; ni:1 12.3 4i3 c: o:: :note o: Im
�.= aid I
Fro the No:-th Qu< �tt r c t :1 14, run South, a
dista::cr o` 50 t -ly r g t d` :'� y of S. R.
�� i r h-Q Of way, a
531; ti :ence ; u ;�`& ng 0° 04' 18" �:., a
d�atarce of 12 3 foot to a point then e 'g J�p distance Of 51"Wift act zo t:lc Point B giy o� Parcel 2.
l �Q oint
t,�..ce continue � :' 18" E, a dis ¢�.- 9.57 feet to a p ;
0 a P03-11t;
ter. S 55° ' ,r0� :J, a distuacQ f Q feet to p
�. G7.° 32 t 2° a distanc d fceL to a point;
thence run S
thence run �
790 30' �" 5.00 feet to a point-,
run S 33° �i5' 0 �7�, (IC4 - 5G4.00 feet to a r,
tc::: ^ce run S 4° 35` 00" '�J,
-da st..- .�tc'of• 753.00 to a point;
ti:c: ca ::un S. 9° 5C.? 00" E, a distance o_° 376.00
peek to a point;
thence 'run S'13° 10' 00" W, a distance of. 330.00 feet'to a pain ;
::::ence run S 81° 38' 48" W, a distance of 166.82 feet to a point;
° " T a distance of 1.20.00 feet- to a point;
anc.: run � .9 1 00 .J,
tl:u::� e
un ' 39° OS' 00" '.'J, a distance of 269.00 feet to a point;
::arrco run .. 5r: ° 201 00" .1, a distar.CC of 167.00 feet to a po; r.t;
n c o run N 13° r: u' Ou" :•J, a distance of 559.00 feet to a point; feet to a no;nz;
'0° 35' 00" ,'., a distance of 175.00
::
l.�° 1v' ., a d'stc -7e of 594.55 .r.Cet t0 c1 ?)Olnt;
r�::
t:ence ra. 380 00' 00" W a distance of 223.09 foot to a point;
0011 W, W a distanca OZ 4 :.08 ;a^C% to a Point On ':
a ^:,L':Vv; tilenco run northerly along the arc of a curve to the
loft, a Distance of 16.04 foe, to the PT, ' aiCi curve ilovinij a
r �l�.. r.UJ of 2� ;•2.31 ::eet:, a delta oi' 0° 19' 00 ", a chord Of
16.04 -
t° ' '0" E; thence run N 4° 28' 00" E, a distance o::
37
_5,.3 L, a distance of
�� 2 Beet to a point; thence run S 35° 32' 00" •.
_jr., 7,6j �?�;� to Lha xC G_ a curve; thence ::u . easterly aloi:5 %•e
arc of a curve to the right, a distanco of 44.73 feet to a point,
..i curve avirg a rad -Jas of 1910.00 feet, a delta of 1° 20'
33 ", c::urd o;°. 44.7 Poet bearing S 84° 31, 45" E; thence
G
run S 5° 4:3' 30" W, along a radial lino it t1ist:arico of 27.63
feet: to a poitlt; . thence run S 20° 35' 00" E, a di:.t.tncc of 329.15
rent to a point; thence run S 230 17' 07" E, a distance of 196.59
foci: to a point; thence run•S 280 16' 06" W, a distance of 170.77
fact to a point; 'thence run S 0 °.55' 00" W, a distance of 441.00
fact to a point; thence run S 40 10' 00" E, a distance of 366.00
fact to a point; thetzce run N 70° 10' 00" E, a distance of 317.00
feet to a point; thence run N 12° 15' 00" E. a distance of 444.00
i'.o.:L- to it tioini ;• thence run N 130.501 00" E, a distance of 2G7.00
1700,t• to It point:; thence, run N 4° 20' 00" n,' .a distance of 306.53
'Vuot i:o .t l,o:iazt:; t:honcc run N 860 Ol' 27" ., a elist:,t•ncc of 416.47
::cot: to it point:; thence run N 640 19' 10" 1:, a di;;t:utce. of 197.19
;act t0 ':t point; thence -run N 810 20' 00" L•', a distance of 361.22
feet to a point; thence run S 12° 30' 00" E, a distance of 95.00
feet to a point; thence run N 720 00' 00" E, a distance of. 609-90
feet to a point; thence run N 20 03' 42" E, a distance of 15.20
feet to a point on a curve; thence run easterly-along the arc of
a curve to•the left, a distance of 41.63 feet to the PT, said
PT being the Poifit of Beginning, and said curve having a radius. of
1117.99 foot, a delta of 20 08' 00 "•, a chord of 41.62 feet bearing
S 89° 00' 1.8" E, and said parcel 2•containing 26.1497 acres
morn U:, less.
Also that parcel of land described as:
Commencing at the North
South, Range 25 Eastv-Iff
89 059140" East along•
Road a distance o lj
00 04' 18" East a di4t4Kc
ginni:ig; thcncq/Sout
ricfht 805.65 f�o t 3 txt-
:81
feet to a•
of 749.54 feet
�.-zujd Westerly
tYta Collow.ing /cukoi(7ntl
rata:
radiun or 513 57 t
of 482.G3 Feet a of 512.50 feat t �i
in t;
de
ection 14, Township 49
rocceding North
'-c; way. of Pine Ridge
,thence South
point of be-
alo, g a \curve to the
e be ng c- Cscribcd by
89 05 ' 051' and a
4g� t � E a distance
041 §� Wait a distance
,A
J , ' tibCORDLR,S MEMO:
of writing;. Typing o
utmntiefmtory in tbie
when receive l-
Legibility
Printing
documeut
Last Revised: 2/24/14
G