Pelican Bay Foundation Parcel KTO:
FROM:
DATE:
Re:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb ~
Real Property Specia~fst III
Real Property Management Department
June 18, 2001
Pelican Bay Foundation, Inc. Sign Easements
Please find attached one (1) original recorded Grant of Non-Exclusive Irrevocable
License, one (1) original recorded Grant of Non-Exclusive Easement and one (1)
original Donation Agreement for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved the
conveyance pursuant to Agenda Item 16 B (7), October 24, 2000.
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
cc: Tax Appraiser's Office w/attachment (Easement only)
Inventory File w/attachment
Office of the Real Property Management Department
PROJECT: Pelican Bay Services
PARCEL K
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between PELICAN BAY FOUNDATION, INC., a Florida Not-For-
Profit Corporation, f/k/a Pelican Bay of Naples Foundation, Inc., (hereinafter referred to as
"Owner"), whose mailing address is 6251 Pelican Bay Boulevard, Naples, Florida 34108, and
COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as
"County"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement, license and privilege for purposes of the installation of directional and/or
identification signs, landscaping, lighting, and maintenance of said improvements within said
non-exclusive easement for the lands described in Exhibit "A" (said easement hereinafter
referred to as the "Property"), which is attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
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 Property requested by
County; and
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. Owner shall convey the Property via Grant of Non-Exclusive Easement to County
at no cost to the County, unless otherwise stated herein.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their recording
in the public records of Collier County, Florida. Owner shall provide such instruments,
properly executed, to County on or before the date of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this Agreement;
provided; however, that County shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which either remove,
release or subordinate any and all such liens, encumbrances or qualifications affecting
County's enjoyment of the Property.
4. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws; that no
hazardous substances have been generated, stored, treated or transferred on the Property
except as specifically disclosed to the County; that the Owner has no knowledge of any spill
or environmental law violation on any property contiguous to or in the vicinity of the Property
to be conveyed to the County, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened environmental lien
against the Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the County against and
from, and to reimburse the County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and attorney
fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings
or on appeal), penalties or fines incurred by or asserted against the County by reason or
arising out of the breach of Owner's representation under Section 5. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
7. The County shall pay for all costs of recording the conveyance instrument, and
recording costs for any curative instruments, in the Public Records of Collier County, Florida.
County shall be responsible for paying any costs and/or fees associated with the securing
and recording a Subordination, Consent and Joinder of Easement of the mortgage(s)
recorded against the Property from the mortgagee(s). All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes shall be
borne and paid by Owner. The cost of a title commitment shall be paid by County.
8. 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.
9. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the 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.
"~q~llt~ k,,/WIli~l Ilk,ii,JO LIIEC:; FILJJ,,J~:~IL,,,y Ill I. IIg It,.JIIII I.il C;I F,/Cill. ll~lOIIIJ.,f! IIIIIILgLJ
corporation,-f'rust~ny form of representative capacity whatsoever for others, Owner shall
make a written public-~sctg~re, according to Chapter 286, Florida Statutes, under oath, of
the name and address of eve~having a beneficial interest in the Property before the
Propert~apacity is con~ County, its successors and assigns. (If the
corporat~e Federal Sec~'it4e.~xchange Commissi~registered
pursuant to Chapter 517, Florida Statutes, whose stock ~ sale to the ge'neml /~,hlic, it is
..... y ...... ~,, ,,,.,,,, ,, ,~ ~,,~,,,~,,.,, ,o ,.,, ,..,, ,c~,,~, ,._~,,.,,, ,,.,, ,~,o ,.,,o,~,,~o.; ~ ~
11. This Agreement is governed and construed in accordance with the laws Of the State
of Florida
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
DATE ACQUISITION APPROVED BY BCC: /<5- ~- ¢- 0 0
AS TO COUNTY:
DATED: G-IZ-~/
ATTEST:
Clerk
~'~:, ,,~
";?!~,:;~ '~-" ~ .,.~: ;' ;, Deputy Clerk
' ,;
WITNESSES:
Witness~Si~nature) .
Name:
(Printer type)
~~natu~
~ame:
R~ples Fk 34~-3322
BOARD OF COUNTY/.~
~_ ~MMISSIONERS
i' CHAIRMAN
PELICAN BAY FOUNDATION, INC., a Florida
Not-For-Profit Corporation f/k/a Pelican Bay of
Naples Foundaton, Inc.
Address: 6N2a5~, ePse. I ~ao rni~'Jt~ L~ ~ ' I¢-/~ ¢d~;;~~'l~o0~~v6~a';~
Approved as to form and
legal2~ufficiency:
JEIlen T. Chadwel[ -
Assistant County Attorney
EXHIBIT
Pago..
WilsonMiller
New Directions In Planning, Design & Engineering
Legal Description of part of
Parcel "K", Pelican Bay Unit One,
(P.B. 12, pages 47-52)
Collier County, Florida
(Sign Easement #2)
All that part of Parcel "K", Pelican Bay Unit One, according to the plat thereof as recorded in Plat Book 12, pages
47-52, Public Records of Collier County, Florida being'more partic.ularly described as follows;
Commencing at the intersection of the centerline of Pelican Bay Boulevard (Pelican Bay Unit One, according to the
plat thereof as recorded in Plat Book 12, pages 47-52, Public Records of Collier County, Florida) and the west right-
of-way line of U.S. 41 - (Tamiami Trail North);
thence along said right-of-way line N. 00°39'32" W. 115.00 feet to a point on the north right-of-way line of Pelican
Bay Boulevard and a point of cusp;
thence leaving said line southwesterly 32.18 feet along the arc of a circular curve concave to the northwest having a
radius of 50.00 feet through a central angle of 36°52'12" and being subtended by a chord which bears S. 17°46'34"
W. 31.62 feet to the POINT OF BEGINNING of the easement herein described;
thence continue along said line southwesterly 46.36 feet along the arc of a circular curve concave to the northwest
having a radius of 50.00 feet through a central angle of 53°07'48" and being subtended by a chord which bears S.
62046'34" W. 44.72 feet;
thence continue along said line S. 89°20'28"W. 50.00 feet;
thence leaving said line N. 44°20'28" E. 127.28 feet to a point on the west line ora 10 foot wide drainage easement
as recorded in Official Record Book 1633 Pages 20-21, Public Records of Collier County, Florida;
thence along said line S. 00°39'32" E. 70.00 feet to the POINT OF BEGINNING of the easement herein described.
Containing 3,809 square feet more or less.
Subject to easements and restrictions of record.
Bearings are based on the west right-of-way line of U.S. 41 (Tamiami Trail North) being
N. 00039'32" W.
WILSONMILLER, INC.
Marcus L. Berman, Professional Surveyor & Mapper
Florida Registration No. 5086
Not valid unless embossed with the Professional's seal.
W.O.: N0103-083-000-GCS00
REF.: 1L-293
DATE: May 05, 2000
REVISED: September 19, 2000
9/1912000-78165 Vet: 02!-TRODRIGO
NO 103 -0834)00-..0
I~aples Fort Myers Sarasota Bradentofl Tampa
3200 Bailey Lane, Suite 200 Nap/es, F/on*da 34105-8507 941-649-4040 ~ 941-643-5716
www. wilsonmiller, corn
EXHIBIT
S. O0 '$9 32'£. '~
,00 '99
, O0 '06
6£. O0 $
,00 '99
,00'911
~,, ~£, 6£. O0 'N
t/II:fON -II~l::ti II,¥Wt'VYi - l~ '~'['1
/-6 NOIIOJS 50 $NI7 J£V3
1"= 60'
Wils nMiller
PELICAN BAY SERVICES D/STRICT
SKETCH OF DESCRIPTION
of ports of Porcels ~A" & "K", Pelicon Boy Un/I One,
Plot Book 12, Poges 47-52, Collier County, FIoWdo
05/09/2000 NOIOJ-OS$-OOO-GC$O0 t oF r 1L-29,}
prepared by:
Ellen T. Chadwell, Esqutre
Office of the County Attorney
3301 East Tamiami Tra(1
Naples, Florida 341XZ
(941) 774-8400
2810564 OR: 2841 PG: 0790
RBCOitl)BD in OFFICIAL RBCORDS of COLLIBIt COUIYY, IL
06/12/2001 at 01:38?!( MfIGH? l. BROCK, CLRRK
9,00
Ret:n:
RIAL PROPIRTT
IZ~ 8991
IN?lB OIFIC!
GRANT OF NON-EXCLUSIVE IRREVOCABLE LICENSE
~2q .4/,
THIS INDENTURE made and executed this -day of K~'Te-v~ [b'lL., 2000, by
and between PELICAN BAY FOUNDATION, INC., a Florida Not-For-Profit Corporation, f/k/a
Pelican Bay of Naples Foundation, Inc., with an address of 6251 Pelican Bay Boulevard, Naples,
Florida 34108, hereinafter called GRANTOR; and COLLIER COUNTY, a political subdivision
of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida
34112, its successors and assigns, as GRANTEE.
(Wherever used herein, the terms "GRANTOR" and "GRANTEE" include all parties to
this instrument and their respective heirs, legal representatives, successors and assigns.)
WHEREAS, GRANTOR owns an easement interest in the property described on the
attached Exhibit "A", by virtue of an Assignment of Easement by Westinghouse Communities of
Naples, Inc., recorded at Official Record Book 1912, Page 2395, et seq., on February 9, 1994;
WHEREAS, GRANTOR has the right to use the property described in Exhibit "A" for
signage, lighting, landscaping and maintenance purposes by virtue of its easement interest;
WHEREAS, GRANTOR has agreed to grant to GRANTEE a non-exclusive irrevocable
license for purposes of the installation and maintenance of directional and/or identification signs,
landscaping, lighting and maintenance of said improvements on and over the property described
on the attached Exhibit "A" made a part hereof;
WHEREAS, GRANTOR hereby represents to GRANTEE that it has the authority to
grant this irrevocable license and the parties acknowledge that each is relying on the authority,
apparent or otherwise, of GRANTOR to grant this license and its representations regarding the
same;
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR
hereby grants to GRANTEE a non-exclusive irrevocable license for purposes of the installation
of directional and/or identification signs, landscaping, lighting and maintenance of said
improvements within said non-exclusive license on the property described on Exhibit "A"
attached hereto and made a part hereof.
TO HAVE AND TO HOLD forever the non-exclusive license hereby granted to
GRANTEE, subject to the following:
GRANTOR, by execution of this Grant of Non-Exclusive Irrevocable License, and
GRANTEE by its acceptance of the same, agrees for itself, its successors and assigns:
GRANTEE shall have the right to determine the size, color, content, shape and
placement of any signs as well as the number of signs desired to be installed by
GRANTEE. Once installed, signs, landscaping and associated lighting shall be
maintained by GRANTEE in a neat, attractive and clean condition. All materials
and improvements owned by GRANTEE and installed or placed on the property
will remain the personal property of GRANTEE and shall not be deemed fixtures
or appurtenances to the land.
In the event GRANTEE shall cease to use or maintain the property described in
Exhibit "A" as intended for a period in excess of two (2) years then this non-
exclusive license shall automatically terminate and GRANTEE shall vacate said
THIS CONVEYANCE ACCEPTED BY THE
BOAI~ OF' COUNTY COMMISSIONERS,
COLLIER COUNTY, FLOR,IDA,
PUI~UANT TO AGENOA,
OR: 2841 PG: 0791
non-exclusive license or relevant parts thereof and at GRANTEE'S expense shall
restore all grounds to the condition prior to any placement or construction.
In the event GRANTEE shall violate any of the terms and conditions contained
herein and has, after receiving written notice of such default, failed within a
reasonable time to cure said default, GRANTOR may, upon written notice to
GRANTEE, terminate this non-exclusive license and require GRANTEE to
restore all grounds to the condition as found prior to any placement or
construction. In the event this license agreement is terminated pursuant to these
provisions, GRANTEE shall be entitled to remove all materials and
improvements owned by GRANTEE and installed or placed on the property by
GRANTEE.
GRANTEE acknowledges and agrees that GRANTOR reserve the right of access
to the subject property for the purpose of erecting and maintaining seasonal
displays (such as Clu'istmas trees and lighting), temporary signs or other
improvements or structures which do not unreasonably interfere or obstruct any
signs erected by the GRANTEE pursuant to this non-exclusive license.
o
Nothing contained herein shall be construed to impose any duties and obligations
upon GRANTEE which GRANTOR may have as a result of the above-referenced
assignment of easement from Westinghouse. Nor shall this license agreement be
construed as creating any privity between Westinghouse and GRANTEE or any
rights of persons not parties to this license. It is the express intention of the
parties hereto that no claims of third-party beneficiaries be created by virtue of
this license agreement.
o
It is the express intent of the parties that this license be irrevocable by GRANTOR
except under the conditions described in Paragraph 2 and 3 above. GRANTEE
may terminate this license at any time, in which event GRANTEE remains
responsible for restoration of the property as set forth above.
This non-exclusive irrevocable license shall be binding upon and shall insure to the
benefit of the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name
the day and year first above written.
SIGNED, SEALED AND DELIVERED
Witness / '-- ~ /
Address oOc.~c) /~t2 r/( =~/~0t'e ~
Address FRI~DI=~IflK R_ HA~DT
1290 Gmn~ I~1~ 0~
Naples FL 341~-3322
PELICA!~ BAY FOUNDATION, INC.
OR: 2841 PG: 0792
STATE OF FLORIDA )
)SS.
COUNTY OF COLLIER )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the ~tate
and County aforesaid to take acknowledgements, personally appeared [/,.qt_l~ K. I<.~o t0tA'7' of
PELICAN BAY FOUNDATION, INC., well known to me to be the GRANTOR in the foregoing
Grant of Non-Exclusive License, and that he/she acknowledged executing the same in the
presence of two subscribing wimesses freely and voluntarily under authority duly vested in
him/her.
WITNESS my hand and official seal in the Count and State last aforesaid this '7--OI412~ day
of ~c~'r/~-wc._ ,2000.
My Cbmmission expires:
II~&'~"'~ MY COMMISSION # CC 057316
ll~J~l[~ EXPIRES: July 26, 2004
323569 1
- Asststant,-C~untv . .to e.v ~
£11er~ T, ChaOwell
Bay Services ID: 941 S~7 4S02 PAGE
WilsOnMiller
N~v OIr~.tion~ In ?lam~i~g, Oesiitn & £nglnwqng
2841 PG: 0793
EXHIBIT
Page. ,~ of
Legal Description of part of
Parcel Otlc, Pelican Bay Unit Thirteen,
(P.B. 16, pages
Collier County, Florida
(Sign Easement)
All that part of Parcel "One", Pelican Bay Unit Thirteen, according to the plat thereof as recorded
in Plat Book 16, pages 80-86, Public Records of Collier County, Florida being more particularly
described as follows;
Commencing at the Intersection of the centerline of Pelican Bay Boulevard (Pelican Bay (.Init
Thirteen, according to the plat thereof as recorded in Plat Book 16, pages 80-86, Public Recards
of Collier County, Florida) and the west right-of-way line of U.S. 41 - (Tamiami Trail North):
thence ahmg said right-of-way line S. 00°37'39'' E. 110.00 feet to the POINT OF BEGINNING
of the parcel herein described;
thence continue along said line S, 00°37'39'' E, 50,00 feet;
thence leaving said line N. 45°37'39" W. 141.42 feet to a point on the south right-of-way line of
said Pelican Bay Boulevard;
thence along said line N. 89°22'21" E. 50.00 feet;
thence cominue along said line easterly, southeasterly and southerly 78.54 feet along the arc of a
circular curve concave to the southwest having a radius of 50.00 feet through a central angle of
90°00'00'' and being subtended by a chord which bears S. 45°37'39" E. 70.71 feet to a point on
the west right-of-way line or'said U.S. 41 - (Tamiami Trail North) and the POINT Ol~'
BEGINNIN(; of the parcel herein described.
Containing 4,464 square feet more or less.
Subject to casements and restrictions of record.
Bearings are based on thc west right-of-way line of U.S. 41 (Tamiami Trail North) being
S. 00°37'39'' F..
WII.SONMIi ,t,ER, INC.
//Y/ Z,(L~,.~.7.. ~_.. /...,a~ ~. ......
Marc%s !,. Bennan, Pn,~re.ssional Surveyor & Mapl:x:r
Florida Registration No, 5086
Not valid unless embossed with the Professional's seal.
W.¢').:
RI;F.:
DATE:
NO 103-083-000-GCS00
11.-296
May 16, 20()()
.'[:.'t YJ l~'liltly l iltltL St//tt: Jq~l ~'lll/tei, t hgltIt .'/q lll', tE,th' 941 .~].19.4(M0 ~ ]/,'Il lS.'l.'J h / /d j ' tlJ
XHIBIT
Services ID: ~qi S~? qS~2 PAGE
WilspnMiller
N~w Directions In P~nnlng. fles~n & EngitT~flng
OR: 2841 PG: 0795
Legal Description of part of Parcel "B"
Pelican Bay, Replat of Parcct "B" of
Pelican Bay Unit Five
(P.B. 14, page 30)
Collier County, Florida
(Sign Easement #l)
All that pan of Parcel "B", Pelican Bay, Replat of Parcel "B" of Pelican Bay Unit Five,
according to the plat thereof as recorded in Plat Book 14, page 30, Public Records of Collier
County, Florida being more particularly descried as follows;
Commencing at the intersection of the centerline of Gulf Park Drive (Pelican Bay Unit Five,'
according to the plat thereof as recorded in Plat Book 13, pages 68-70, Public Records of Collier
County, Florida) and the west right-of-way line of U.S. 41 - (Tamiami Trail North);
thence along said right-of-way line N. 00°38'55'' W. 110.00 feet to a point of cusp ~d the
POINT OF BEGINNING of the parcel herein described;
thence along the north right-of-way line of Gulf Park Drive southerly, southwesterly and
westerly, 78.54 feet along the arc ora circular curve concave to the northwest having a radius of
50.00 fbet through a central angle of 90°00'O0'' and being subtended by a chord which bears
S. 44°:21 '05" W. 70.71 feet to a point on thc north line of Gulf Park Drive;
thence continue along said line S. 89°21 '05" W. 50.00 feet;
thence leaving said line N. 4,4°21 '05" E. 141.42 feet to a point on the west right-of-way line of
said U.S. 41 - (Tamiami Trail North.);
thence along said line S. 00°38'55" E. 50.00 feet to the POINT OF BEGINNING of the parcel
herein described.
Containing 4,464 square feet more or less.
Subject to easements and restrictions of record.
Bearings are based on thc wcst Hght-of-way line of U,S. 4I CTamiami 'Frail North) being
N. 00°38'55" W.
WII.,SONMILLER, INC.
Marc~s L: Berman, ProFessiOnal SLU'veyor & M~pper
Florida Registration No. 5086
Not valid unless embossed with the Professional's seal.
W.O.: NOi 03-083-000-GCSOO
REF,: 1 L-297
DATE: May 16, 2000
OR: 2841 PG: 0796
EXHIBIT._.
Page,
Wils Miller
OR: 2811
0797
Legal Description of part of
Parcel "B", Pclican Bay Unit Four,
(P.B. 13, pages 30-32)
Collier County, Florida
(Sign Easement #2)
All that part of Parcel "B", Pelican Bay Unit Four, according to thc plat thereof as recorded in
Plat Book 13, pages 30-32, Public Records of Collier County, Florida being more particularly
described as follows;
Commencing at the Intersection of the centerline of Gulf Park Drive (Pelican Bay Unit Four,
according to the plat thereof as recorded in Plat Book 13, pages 30-32, Public Records o£ Collier
County, Fiorida) and the west right-or:way line of U.S. 41 - (Tamiami Trail North);
thence along said right-of-way line S. 00°38'55" E. 110.00 feet to the POINT OF BEGINNING
of the parcel herein described;
thence continue along said line S. 00°38'55" E. 50,00 feet;
thence leaving said line N. 45°38'55" W. 141.42 feet to a point on the south right, of-way line of
said Gulf Park Drive;
thence along said line N. 89°21 '05" E. 50.00 feet;
thence continue along said line easterly, southeasterly and southerly 78.54 feet along the arc of a
circular curve concave to the southwest having a radius of 50.00 feet through a central angle of
90°00'00'' and being subtended by a claord which bears S. 45°38'55" E. 70.71 feet to a point on
the west right-of-way line of said U,S. 41 - (Tamiami Trail North) and the POINT OF
BEGINNING of the parcel herein described.
Containing 4,464 square feet more or less.
Subject to casements and restrictions of record.
Bearings are based on the west right-of-way line of U.S, 41 (Tarniami Trail North) being
S. 00°38'55'' E.
WlLSONMILLER, INC,
Marcd.s L. Bemoan, Prufe~ional Surveyor & Mapper
Florida Registration No. 5086
Not valid unless embossed with thc Profe~ional's scal.
REF.:
DATE:
NO ! 03-083-000-GC S00
1 L-297
May 16, 2000
,'f2t~J ~'tilt:v I i~t/c, Suite, 2~J H~p/~, t Iotitl~ 341(~3 ~I~0/ 94 I'~9,4040 ~ ~ I-~3-~/18 f ~
Prepared by~
Ellen T. ChadweTM, Eseutre
Office of thc 'o~m~y Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
2810563 OR: 2841 PG: 0786
RiCOIDSD in OFFICIAL ilBCORD8 of COLLIBR COUNTY, FL
o6/12t2o01 at 01:38P1( DVlGHT I. BROCK,
FIB 19.50
DOC-.70 .70
COPIBS i.00
Retn:
RBAL PR01'BRTY
BIT 8091
IN?BR OIIICI
GRANT OF NON-EXCLUSIVE EASEMENT
THIS YNDENTUR~ made and executed this ~¢~ ~_~ day of%k-'PTL~4~-'-lg~., 2000, by
and between PELICAN BAY FOUNDATION, 1NC., a Florida Not-For-Profit Corporation, with
an address of 6251 Pelican Bay Boulevard, Naples, Florida 34108, hereinafter called
GRANTOR; and COLLIER COUNTY, a political subdivision of the State of Florida, having a
mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns,
as GRANTEE.
(Wherever used herein, the terms "GRANTOR" and "GRANTEE" include all parties to
this instrument and their respective heirs, legal representatives, successors and assigns.)
WHEREAS, GRANTOR has agreed to grant to GRANTEE a non-exclusive easement for
purposes of the installation and maintenance of directional and/or identification signs,
landscaping, lighting and maintenance of said improvements on and over the property described
on the attached Exhibit "A" made a part hereof;
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR
hereby grants to GRANTEE a non-exclusive easement for purposes of the installation of
directional and/or identification signs, landscaping, lighting and maintenance of said
improvements within said non-exclusive easement on the property described on Exhibit "A"
attached hereto and made a part hereof.
TO HAVE AND TO HOLD forever the non-exclusive easement hereby granted to
GRANTEE, subject to the following:
GRANTEE by acceptance of this non-exclusive easement agrees for itself, its successors
and assigns:
o
GRANTEE shall have the right to determine the size, color, content, shape and
placement of any signs as well as the number of signs desired to be installed by
GRANTEE. Once installed, signs, landscaping and associated lighting shall be
maintained by GRANTEE in a neat, attractive and clean condition. All materials
and improvements owned by GRANTEE and installed or placed on the property
will remain the personal property of GRANTEE and shall not be deemed fixtures
or appurtenances to the land.
In the event GRANTEE shall cease to use or maintain the non-exclusive easement
for the purposes intended for a period in excess of two (2) years then this non-
exclusive easement shall automatically terminate and GRANTEE shall vacate
said non-exclusive easement or relevant parts thereof and at GRANTEE'S
expense shall restore all grounds to the condition prior to any placement or
construction.
In the event GRANTEE shall violate any of the terms and conditions contained
herein and has, after receiving written notice of such default, failed within a
reasonable time to cure said default, GRANTOR may, upon written notice to
GRANTEE, terminate this non-exclusive easement and require GRANTEE to
restore all grounds to the condition as found prior to any placement or
construction.
GRANTEE acknowledges and agrees that GRANTOR reserve the right of access
to the subject property for the purpose of erecting and maintaining seasonal
displays (such as Christmas trees and lighting), temporary signs or other
THIS CONVEYANCE ACCEP'I~D IJ¥ THE
BOARD OF COUNTY C(MNMZSSIO~,
COLLIER COUNTY, FLORZDA,
DATED: ~/o/~/~o TTE# NO./& B '7
OR: 2841 PG: 0787
improvements or structures which do not unreasonably interfere or obstruct any
signs erected by the GRANTEE pursuant to this non-exclusive easement.
o
Nothing contained herein shall be construed as creating any rights to persons not a
party to this Grant of Non-Exclusive Easement. This Grant of Easement is given
for the benefit of GRANTEE only and not for the benefit of third parties.
This non-exclusive easement shall be binding upon and shall insure to the benefit of the
parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in
its name the day and year first above written.
SIGNED, SEALED AND DELIVERED
Witness ~"
Address ~'-~-<' /~ rvc_ ,~or~_
Address FREDfiRICK R_ MARDT
1290 Grand Isle
Naples FL 341~-3322
STATE OF FLORIDA )
)SS.
COUNTY OF COLLIER )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared g'~t.[ '~.. [C.~ ~o A.,~"f of
PELICAN BAY FOUNDATION, INC., well known to me to be the GRANTOR in the foregoing
Grant of Non-Exclusive Easement, and that he/she acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in
him/her.
of
WITNES,.S my hand and official seal in the Count and State last aforesaid this ~3 +rf_ day
~ ~P'~~--~., 2000.
323562
My C'rr'mmission
expires: ][ ~. .... I:~tB~RI~iHN~)T [
!1~'~'?~ MY COMa,SS,ON # CC 9s73m Il
11~&4 ~PIRES: Ju~ 2S, ~ II
I Il
./'~""-'~nt County Atto ey
Ellen T.. Chadwell
2
EXHIBIT,
Page.
WilsdnMiller
New Directions In Planning, Design & Engineering
2841
0788
Legal Description of part of
Parcel "K", Pelican Bay Unit One,
(P.B. 12, pages 47-52)
Collier County, Florida
(Sign Easement//2)
All that part of Parcel "K", Pelican Bay Unit One, according to the plat thereof as recorded in Plat Book 12, pages
47-52, Public Records of Collier County, Florida being more particularly described as follows;
Commencing at the intersection of the centertine of Pelican Bay Boulevard (Pelican Bay Unit One, according to the
plat thereof as recorded in Plat Book 12, pages 47-52, Public Records of Collier County, Florida) and the west right-
of-way line of U.S. 41 - (Tamiami Trail North);
thence along said right-of-way line N. 00039'32'' W. 115.00 feet to a point on the north right-of-way line of Pelican
Bay Boulevard and a point of cusp;
thence leaving said line southwesterly 32.18 feet along the arc of a circular curve concave to the northwest having a
radius of 50.00 feet through a central angle of 36°52'12" and being subtended by a chord which bears S. 17046'34"
W. 31.62 feet to the POINT OF BEGINNING of the easement herein described;
thence continue along said line southwesterly 46.36 feet along the arc of a circular curve concave to the northwest
having a radius of 50.00 feet through a central angle of 53007'48'' and being subtended by a chord which bears S.
62°46'34" W. 44.72 feet;
thence continue along said line S. 89°20'28"W. 50.00 feet;
thence leaving said line N. 44020'28" E. 127.28 feet to a point on the west line ora 10 foot wide drainage easement
as recorded in Official Record Book 1633 Pages 20-21, Public Records of Collier County, Florida;
thence along said line S. 00039'32'' E. 70.00 feet to the POINT OF BEGINNING of the easement herein described.
Containing 3,809 square feet more or less.
Subject to easements and restrictions of record.
Bearings are based on the west right-of-way line of U.S. 41 (Tamiami Trail North) being
N. 00°39'32" W.
WILSONMILLER, INC.
Marcus L. Berman, Professional Surveyor & Mapper
Florida Registration No. 5086
Not valid unless embossed with the Professional's seal.
W.O.: N0103-083-000-GCS00
REF.: lL-293
DATE: May 05, 2000
REVISED: September 19, 2000
9/} 9/2000-78165 Vcr: 02! -TROD RI GO
N010343834300-4)
Naples Fort Myers Sarasota Bradenton Tampa
3200 Bailey Lane, Suite 200 Nap/es. F/or/da 34105-8507 941-649-4040 ~ 941-643-5716
www. wilsonmi ller. corn
*** OR: 2841 PG: 0789 ***
EXHIB~~
HJHON 7/VEl ///V~'IF/~'i
/-6 NO/J33£ 30 3NI7 JSV3
%
1"= 60'
.......lC.. PELICANi BAY SERVICESI DISTRICT
Wils el iller -' . o~
of ports of Porcels "A" ~ "K~ Pelicon 8oy Unit One,
~,. ~,. ~,. ~ · L~~, · rr~,~, Plot Book ;2. Poges 4~-52, Collier Count~ Florido
~"~, ~C, DATE: I PROJECT NO.: I SHEET NUMeER: FILE NO.:
~~.~.~~'~ ~'~ ~'~"' --.~ 05/09/2000 NOIOJ-OSJ-OOO-GCS~ ~ oF I I L-29J