109RDUE Donation AgreementPROJECT: FOREST LAKES MSTU 162523
PARCEL No(s): 109RDUE
FOLIO No(s): 00263200401
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this day of 1 ICU-6 , 2014, by and between
THE FAIRWAYS AT EMERALD GREENS CONDOMINIUM ASSOCIATION, INC., a
Florida non - profit corporation, whose mailing address is PO Box 110339, Naples,
Florida 34108, (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,
LE;
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. A DOCUMENT EVIDENCING THAT REVERSION SHALL BE
RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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: 2/6/14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COU9 TY :��I' /
DATED: `t
ATTEST: `
DWIGHT E. BROOK, Clerk
Y:f
f
uty Clerk
Attest as o hairman's
AS TO �Ronly.
DATED: .a.4 aZ�l.a �yTl
/,4_4 g AZYul
itnes (S}�nature), `_, t
Name (Print or Type)
4e&ss (Signature)
c lc��i \1nr•..
Name (Print or Type)
Approved as to form and legality:
Jenni er A. Belp dio,
Assistant County Attorney
Last Revised: 2/6/14
BOARD OF COUNTY COMMISSIONERS
COLLIEJRU , FLORIDA
BY-
.
OM HENNING, C irman
THE FAIRWAYS AT EMERALD GREENS,
CONDOMINIUM ASSOCIATION, INC.,
a Florida non - profit corporation
7
LEGAL DESCRIPTION
.PARCEL 109RDUE
A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
BEING A PORTION OF FAIRWAYS AT EMERALD GREENS, A CONDOMINIUM PER OFFICIAL RECORDS BOOK 1644 PG.
1368 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF FAIRWAYS AT EMERALD GREENS, A CONDOMINIUM PER OFFICIAL
RECORDS ,8OOK 1644 PAGE 1368 OF THE PUBLIC RECORDS Of COLLIER COUNTY, FLORIDA; THENCE ALONG
THE EASTERLY BOUNDARY OF PHASE 10 OF SAID FAIRWAYS AT EMERALD GREENS, THE FOLLOWING TWO (2)
DESCRIBED COURSES:
1) THENCE SOO'46'49 "E FOR 829.40 FEET, TO A POINT OF CURVATURE:
2) THENCE 185.42 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 341.78 FEET: THROUGH A
CENTRAL ANGLE OF 31'05'05 ", AND WHOSE. LONG CHORD BEARS S2334'46"W FOR A DISTANCE OF 183.16
FEET, TO THE SOUTHEAST CORNER OF SAID PHASE 1.0, FAIRWAYS AT EMERALD GREENS;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID FAIRWAYS AT EMERALD GREENS, N52'31'56"W FOR 62.79
FEET TO THE BEGINNING OF A NON - TANGENTIAL CURVE;
THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID FAIRWAYS AT EMERALD GREENS, 125.18 FEET ALONG A
CURVE TO THE LEFT, HAVING A RADIUS OF 247.88 FEET, THROUGH A CENTRAL ANGLE OF 2856'06 ", AND
WHOSE LONG CHORD BEARS N24'51'31 "E FOR A DISTANCE OF 123.65 FEET; °
THENCE NO2'18'07 "E FOR 209.86 FEET, TO A POINT ON THE PERIMETER BOUNDARY OF PARCEL "C ',
BELVEDERE AT QUAIL RUN, A CONDOMINIUM PER OFFICIAL RECORDS BOOK 4118 PAGE 2533 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE PERIMETER BOUNDARY OF SAID PARCEL "C', THE FOLLOWING FIVE (5) DESCRIBED
COURSES:
1) THENCE SOC'46'49 "E FOR 143.22 FEET;
2) THENCE N89'13'11 "E FOR 30.00 FEET:
3) THENCE N0946'49 "W FOR 740.:52 FEET;
4) THENCE S89'13'12 "W FOR 30.00 FEET;
5) THENCE SOO'46'49 "E FOR 324.40 FEET TO THE BEGINNING OF A NON- TANGENTIAL CURVE;
THENCE LEAVING SAID PARCEL °'C ", 210.05 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 820.66
FEET, THROUGH A CENTRAL ANGLE OF 14-39'54-, AND WHOSE LONG CHORD BEARS NO2- 38'09 "W FOR A.
DISTANCE OF 209.48 FEET:
THENCE N0356'13 "W FOR 143.18 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF SAID FAIRWAYS AT
EMERALD GREENS:
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID FAIRWAYS AT EMERALD GREENS, N80'53'23 "E FOR 75.45
FEET, TO THE POINT OF BEGINNING OF TAE PARCEL HEREIN DESCRIBED.
CONTAINING 42,053 SQUARE FEET OR 0.97 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTONS
OF RECORD.
MI RD
CHAEL =.A. WA` - `-, y DATE SIGNED
FI;ORIDA PP:IFESSIOfiA b;MC SURVEYOR CERTIFICATE No. LSD' 5301
NOT VALID W liiiOUT-- TI1EyCNATURE AND THE ORIGINAL RAISED SEAL OF A
F �C%� _ ROW
LICEN�D� La2V»� C4 AND MAPPER.
THIS IS NOT A SLlRVE'x-' OCT 2 O 2051
". .1I 2:45 - T12007\0v190.OE00 ! ,t — 1t5N1000t _5 — 0.r<rp_Ve 00\0701
PROJECT: FOREST LAKES YSTU
LEGAL DESCRIPTION
PARCEL 10BRDUE (ROAD, DRAINAGE AND UTMM EA,SEWFM)
PREPARED FOR: COLLIER COUNTY
JOB NUMBER REVISION SECTION I TOWNSHIP RANGE SCALE
76190.06.00 0_ _ l4 495 25E N/A
Page
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6910 WAw Pv 0r . SW 200
NaPL- FIMm 94108
Ph— (290)507-0575 FAX. (299)587 _o578
LB NO.: 6952
DATE DRAWN BY I FILE NAME SHEE"
7" 1/11 R.A.K. 109RDUE - 1 CF
0
N
W+ E
S
0 s0 120
GRAPHIC SCALE
I'-100'
EMERALD GREENS,
A CONDOMINIUM
O.R. 1418, PG.
1831 -1946 75.45'
N80`
NORTHERLY
BOUNDARY OF
FAIRWAYS AT
EMERALD GREENS
FAIRWAYS AT
EMERALD GREENS,
A CONDOMINIUM PER
O.R. 1644, PG.
1368 -1495
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109RDUE
30.00'
42,053 SF
BELVEDERE AT QUAIL
RUN, A CONDOMINIUM
PARCEL "C"
NAPLES BATH &
TENNIS CLUB
FAIRWAYS AT
EMERALD GREENS, o
A CONDOMINIUM PER
O.R. 1644, PG.
1368 -1495 oai
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EMERALD GREENS O
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LEGEND
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N52'31'56'W
POB = POINT OF BEGINNING
O.R. = OFFICIAL RECORDS BOOK
FOREST LAKES 62.79'
PG. = PAGE
HOMES sounlEasT
SF = SQUARE FEET
P.B. 12, PG. 41-46 10, FAIRWAYS AT
L =LANE
EMERALD GREENS
R = RADIUS
L = DELTA
CS = CHORD BEARING
C = CHORD
actienr it. "It 2W sY i \2o0]�OAISao6.pp la,ert Iai� WU \Wo, 9. And o•w+brk`..Vw oo1oM]AOUS0,1tWgp(ta➢
PROJECT: FOREST LAICSS
T�i�IA�`�
SXR71M OF LEGAL DESC
PARCEL 109RDUE (ROAD, rr�y EASE[rn
CONSL7LT TNt� duet Bg6eslg
i 1 1 L 1 � a 1,�
PREPARED FOR- COLISEH
LLLL:;::
6610 Wllb Pn Dries. Sups 2o0
Non*%. Honda 311 o9
ph— (239) 597 -0.575 FAX' (239) 597-0578
JOB NUMBER REVISION
070190.06.00 0
ANGE
SCALE DATE DRAV.'N BY
L5 No.: 6952
FILE NAME
25E
1' = 100' 10/11/11
R.A .K.
109RDUE
2 OF 2
EXHIBIT A
Page_s9,of,
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