NPB Ltd. Parcel AMemorandum
TO:
FROM:
DATE:
Re:
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb
Sr. Property Acquisition Specialist
Real Property Management Department
September 27, 2001
Pelican Bay Services - Parcel A; Sign Easement;
NPB Limited, L.L.C.
Please find attached one (1) ori_clinal recorded Donation Agreement, and one (1)
original recorded Grant of Easement for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved the
conveyance pursuant to Agenda Item 16 E (9), August 1, 2000.
Please contact me if you have any questions or comments at extension 8917.
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 A
Prepared by=
Ellen T, Chadwell, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(9¢1) 774-8400
2858849 OR: 2894 PG: 1443
RECORDED in OFFICIAL RECORDS of COLLIER COUN?¥, FL
09/18/2001 at 02:0iPX DWIGHT E. BROCK, CLERK
RRC FB) 19,50
DOC-.70
~. O0
GRANT OF EASEMENT
Retn:
RBAL PROPBRT¥
)XT 8991
IN?Bi O)FIC)
THIS EASEMENT made and entered into this,ood.^~(-~day of
'"~¢L/~k" , 20_~, by NPB LIMITED, L.L.C., a Delaware Limited Liability
Company, whose mailing address is c/o Faison & Associates, 121 West Trade
Street, Suite 2550, Charlotte, North Carolina 28202-5399, as Grantor to
COLLIER COUNTY, a political subdivision of 'the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida, 34112, its successors and
assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee"
include all the parties to this instrument and their respective heirs, legal
representatives, successors and assigns.)
WHEREAS, Grantor has agreed to grant to Grantee an 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,
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other
valuable consideration paid by the Grantee, the receipt and sufficiency of which
is hereby acknowledged, hereby conveys, grants, bargains and sells unto the
Grantee, 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 easement on the following
described lands located in Collier County, Florida to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to all easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD forever the easement hereby granted to
Grantee, subject to the following:
Grantee, by acceptance of this easement, agrees the following for itself,
its successors and assigns:
1) 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.
2) In the event Grantee shall cease to use the easement for the purpose
intended for a period of six (6) months or more, then this easement shall
automatically terminate and Grantee shall vacate said easement or relevant parts
thereof and restore all grounds to the condition found prior to any placement or
construction, and the rights herein conferred shall revert fully and belong to the
Grantor and its successors in title.
OR: 2894 PG: 1444
3) 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 easement and require Grantee to restore all grounds to
the condition as found prior to any placement or construction.
4) It is expressly agreed and understood that Owner reserves unto itself,
its successors and assigns, each and every right in, to, upon and under said area
as may not have been expressly granted hereunder or be inconsistent herewith;
Owner does not convey any land, but merely grants the rights, privileges and
easement only as specifically hereinabove set out.
5) County, its successors and assigns, agree to indemnify, defend and
hold harmless Owner against any and all liability, claims, suits, damages,
demands or expense, including reasonable attorney's fees, incurred by Owner
arising from personal injury (including death at any time resulting therefrom) or
property damage to any person, including Owner and County, their agents and
employees occurring as a direct or indirect result of, or in any manner connected
with the construction, maintenance, presence and operation of the directional
and/or identification signs, landscaping, and lighting of said improvements or
systems along or within said easement area except, however, County does not
indemnify Owner against willful or gross negligent acts of Owner.
This 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 the date and year first above written.
Witness (Signature)
Name: Al~sho._ '6.T'~d'~_
(Print or type)
ignature)
Name:
(Print or type)
NPB, LIMITED, L.L.C., a Delaware
Limited Liability Company
$ohn~. D~twiler, vice President-Real [state
ctc~aison 8, Associates
12'1 West Trade Street Suite 2550
Charlotte, NC 28202-539g
STATE OF Ixk~kh
COUNTY OF I~erJrJenbu(q
The foregoing GRANT OF EASEMENT was acknowledged before me this
day of Ne~b~ , 2000 by John B. Defiler, as Vice President-Real
Estate, of NPB, LIMITED, LL.C., a Delaware Limited Liability Company, who is
person~ll~r who has produced N/~ [type
of i~~i~] ~.jdentification.
~ : '---._ ~} ~ ~SignatureofNota~Public)
(Print Name of Notau Public)
NOTARY PUBLIC
Serial/Commission ~:
My Commission Expires:
Wi Miiler
Legal Description of part of
Parcel "A", Pelican Bay Unit One,
(P.B. 12, pages 47-52)
Collier County, Florida
OR: 2894 PG: 1445
XHIBIT
Page ! _of_
(Sign Easement #1)
All that part of Parcel "A", 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 Boul6vard (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 fight-of-way line S. 00°39'32" E. 90.00 feet to the POINT OF BEGINNING of
the-parcel herein described;
thence continue along said line S. 00o39'32" E. 50.00 feet;
thence leaving said line N. 45o39'32" W. 106.07 feet to a point on the south fight-of-way line of
said Pelican Bay Boulevard;
thence along said line N. 89°20'2.8'~ E. 50.00 feet;
thence continue along said line easterly, southeasterly and southerly 39.27 feet along the arc of a
circular curve concave to the southwest having a radius of 25.00 feet through a central angle of
90o00'00" and being subtended by a chord which bears S. 45039'32" E. 35.36 feet to a point on
the west fight-of-way line of said U.S. 41 - (Tamiami Trail North) and the POINT OF
BEGINNING of the parcel herein described.
Containing 2,678 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
S. 00o39'32" E.
WILSONMILLER, INC.
· Bm Professional Surveyor & Mapper
Florida Registration No. 5086
Not valid unless embossed with the Professional's seal.
W.O,: N0103-083-000-.C~S00
REF.: 1L-293
DATE: May 05, 2000
515/00-'28160 V~. OI t-TIIJODilOO
3200 Bailey Lane, Suite 200 Naples, fforida 34105-8507 941--649-4040 ~ 941-643-5778 ~
WIl$onMHle~, lnc. -- FL L~c.#
*** OR: 2894 PG: 1446 ***
EXHIbiT ~
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WilsOnMiller
PELICAN BAY SERWCES D/STRICT
SKETCH OF DESCRIPTION
of ports of Porcsls "A" & ~K: Pelicon Bo), Unit One.
Plot Book ;2, Poges 47-52, Collier County. Florida
D^T£: I PROJECT NO.: I SHE~CT NUMBER:
05/0,9,/2000 NOIO3-Oa$-ooo-Gc$o0 I OF ~
FILE NO.:
IL -293
PROJECT: Pelican Bay Services
PARCEL A
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between NPB LIMITED, L.L.C., a Delaware Limited Liability
Company, (hereinafter referred to as "Owner"), whose mailing address is c/o Faison &
Associates, 121 West Trade Street, Suite 2550, Charlotte, North Carolina 28202-5399, 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
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 Easement to County at no cost to the
County, unless otherwise stated herein.
2. Owner conveys this non-exclusive easement subject to all covenants, conditions,
restrictions, exceptions, easements and rights-of-way as may appear as a matter of public
record or as may be evidenced by possession, use or survey.
3. County covenants and agrees that in the course of constructing, installing,
maintaining, repairing, removing and/or replacing any of the directional and/or identification
signs, landscaping, and lighting of said improvements permitted hereunder, that County will
leave the site in as good order and repair as it was originally.
4. It is expressly agreed and understood that Owner reserves unto itself, its successors
and assigns, each and every right in, to, upon and under said area as may not have been
expressly granted hereunder or be inconsistent herewith; Owner does not convey any land,
but merely grants the rights, privileges and easement only as specifically hereinabove set
out.
5. When said directional and/or identification signs, landscaping, and lighting of said
improvements or systems or any part thereof across property of Owner, its successors or
assigns, is abandoned by County, its successors or assigns, for a period of six (6) months or
more and no longer used for such purpose, the privileges herein conferred shall terminate for
those parts and all interest and rights therein shall fully revert and belong to Owner and its
successors in title.
6. 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.
7. 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.
8. 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.
9. To the best of its knowledge without investigation, 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.
10. 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.
11. 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.
12. 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.
13. County, its successors and assigns, agree to indemnify, defend and hold harmless
Owner against any and all liability, claims, suits, damages, demands or expense, including
reasonable attorney's fees, incurred by Owner arising from personal injury (including death at
any time resulting therefrom) or property damage to any person, including Owner and
County, their agents and employees occurring as a direct or indirect result of, or in any
manner connected with the construction, maintenance, presence and operation of the
directional and/or identification signs, landscaping, and lighting of said improvements or
systems along or within said easement area except, however, County does not indemnify
Owner against willful or gross negligent acts of Owner.
14. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those stated herein; 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.
15. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Owner shall
make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of
the name and address of every person having a beneficial interest in the Property before the
Property held in such capacity is conveyed to County, its successors and assigns. (If the
corporation is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
16. 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: August 1,2000
AS TO COUNTY:
ATTEST: ~r
DWIGHT E. BR,.O~, Clerk
~ ' / .~ -~De~Clerk
/~tt~it as'~' Chalr,mae,$
sJg~at, m~e oal$.
BOARD OF COUNTY COMMISSIONERS
c
BY: JAME,~~. CA~~~Cha---irman
AS TO OWNER:
WITNESSES:
·
vvkne~ ~Sig~_ature)
Name:
, (Print 0r ~YPt)
Witnes~ (Signature)
Name: ~T¢~e~r~
(Print or type)
NPB LIMITED, L.L.C., a Delaware Limited
Liability Company
John,/B. Detwiler, Vice President-Real Estate
c/0./Faison & Associates
121 West Trade Street Suite 2550
Charlotte, NC 28202-5399
Approved as to form and
legal~s4~ficiency:
ELLEN T. CHADWELL
Assistant County Attorney
EXHIBIT
Page ! Of,,,,,, 2.
W lsPnMiller
New OlracSons In Planning, Design
Legal Description of part of
Parcel "A", Pelican Bay Unit One,
(P.B. 12, pages 47-52)
Collier County, Florida
(Sign Easemem #1)
All that part of Parcel "A", 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 centerline of Pelican Bay Boul6vard (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 S. 00o39'32" E. 90.00 feet to the POINT OF BEGINNING of
the parcel herein described;
thence continue along said line S. 00o39'32" E. 50.00 feet; ,
thence leaving said line N. 45o39'32" W. 106.07 feet to a point on the south right-of-way line of
said Pelican Bay Boulevard;
thence along said line N. 89°20'28'' E. 50.00 feet;
thence continue along said line easterly, southeasterly and southerly 39.27 feet along the arc of a
circular curve concave to the southwest having a radius of 25.00 feet through a central angle of
90°00'00" and being subtended by a chord which bears S. 45039'32" E. 35.36 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 2,678 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
S. 00o39'32" E.
WILSONMILLER, INC.
Marc~ 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
llaples Fort Myers Saresota Bradonton Tampa
3200 8ailey Lane, Suite 200 Naples, Florida34105-8507 941-649-4040 ~ 941-843-5716 ~
v, nvw. wiisottmiller.~om
WIl$onMiller, lnc. -- FI Lic.~ LC-CO00170
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] PROJ[CT NO.: j SHg~" NUMBER: - i FILE NO.:
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