Timber Lake CondominiumsMemorandum
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb ~.~
Sr. Acquisition Specialist
Real Property Management Department
December 6, 2001
Timber Lake Condominiums Drainage Easement
Please find attached one (1) ori_clinal recorded Drainage Easement, and one (1)
ori_~inal Donation Agreement for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved the
conveyance pursuant to Agenda Item 8 E 1, dated January 23, 2001, (Resolution 2001-
27).
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
CC:
Shane Cox, Stormwater w/attachments
Harry Alkire, Stormwater w/attachments
Tax Appraisers w/Easement only
Inventory File w/attachments
Office of the Real Property Management Department
PROJECT: Timber Lake
Office of the County Atto~mey
33<)i East Tam,ami Trail
Naples, Florida 34112
(941) 774-8400
THIS DRAINAGE
2892017 OR: 2932 PG: 0551.
~CO~il) in O~H~IAL R~OD~ of COLLIER ¢O0#T~,
11/28/2001 at 12:~sea DeI~ B. 8aOC[, CLBRK
into this ~1''~ day of
Retn:
RBAL PROFBRTY
~I? 89S1
I#TSR OFFICE
DRAINAGE EASEMENT
EASEMENT, made and entered
RIO FSi 15.00
DO~-.70 .70
~o~,,v~"~-,~z.- , 2001, by TIMBER LAKE CLUB CONDOMINIUM ASSOCIATION,
INC., a Florida non-profit corporation, whose mailing address is c/o Greenwood
Management Services, Inc., 5533 Greenwood Circle, Naples, FL 34112, as Grantor,
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 East Tamiami Trail, 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.)
WlTNESSETH'
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 to enter upon and to install and maintain drainage
and utility facilities on the following described lands located in Collier County, Florida, to
wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, place, excavate, and remove materials for the purpose of
constructing, operating, and maintaining drainage and utility facilities thereon. Grantor
and Grantee are used for singular or plural, as the context requires. The easement
granted herein shall constitute easements running with the land and shall burden the
lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
F-i W IT J /(Signatu re)
(Prin~ Name) /~
SECONID W lIN ES~o/(Signatu re)
(Print Name)
TIMBER LAKE CLUB CONDOMINIUM
ASSOCIATION, INC., a Florida non-profit
corporation
/Jo~nne- i-I'~ghbs', Vi~ Pres,dent
THIS CONVEYANCE APPROVED BY THE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. ~ o__.__o I - ?..W ,
OR: 2932 0552
STATE OF ~'~."~
COUNTY OF
The foregoing Drainage Easement was acknowledged before me this
day of Ku~,,-,~-- , 2001, by Joanne Hughes, Vice President on behalf of
Timber Lake Club Condominium Association, Inc., a Florida non-profit corporation, who
is pe~n to me or who has produced as
identification.
(Affix notarial seal)
(,~i~.t' re ~f Notary)
(Print Name of Notary)
Commission # ~'~'~'~,~"~ ~"~'
My Commission Expires:
~-~ Assistant Countff Attorne~ Ellen T. Ch&d~e11
*** OR: 2932 PG: 0553
TRANSPORTATION ENGINEERING DEPARTMENT
3301 EAst TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY EXHIBIT
RADIO ROAD
S 0~42'16"W i 62.80' P.O.C.N.E. COR.
~.~' SECA, TWP. 50 S,
ROE. 23 E
S 89°2n'38"~ P.OB.
296.6'7' ~ 360.00'
N 0039'22'. E 299.92'
60~ DRAYAGE EASEMENT ~
TIMBER L~ AT SUMMERWOOD
A CONDOMINIUM ~ ~
60.~'
LEGAL DESCRI~ION
COMe, CE AT 'I1~ ROR~AST CO~ER OF SECTION 1, IOW~SII~ 50 SOUTH, RARGE ~ EAST, COLLIER
COHNT~, ~RIDA; THENCE ~ 89°2T28" W A~NG T~ NORTH LINE OF SECTION 1,819.51'; T~NCB
S ~42'16" W 50.00' TO THE SOBTH ~IG~T O~ WAY L~ OF RADIO ROAD {C.R. 858); THENCE S 89~23'28" E
A~NG SA~ SOH~ RIGHT OF WAY L~E 162.8ff; ~NCE S ~43'53" W 622.87'; THENCE S 89~2038" E
296.6T TO T~ POINT OF BEG~N~G; TI~CE CONTUSE S 89~2038" E 360.00'~ THENCE S ~°43'5T' W
67~.50'; TItENCE N 89°143T' W 60.~'; TItE~CE N O0°4TST' E 61~39'; T~NCE ~ 89~2038" W 299.~2';
I~CE S 00~ 39'22" E ~.~' TO ~ PO~T OF BEGI~N~G. CO~TA~G 58,4fl4 SQ. FF. OR 1.341 ~CR~
MO~ OR
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION PREPARED BY:
s) RGE. = ~NGE . t._.
~GEORGE R RIGHMOND P L S 2406
6) ~ = RIGHT OF WAY GOLLIER GOUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FE~ AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 341 12
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SGALE JULY 30, 2001 TIMLK SHEET 1 OF 1
PROJECT: Timber Lake
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between TIMBER LAKE CLUB CONDOMINIUM ASSOCIATION,
INC., a Florida non-profit corporation, (hereinafter referred to as "Owner"), whose mailing
address is c/o Greenwood Management Services, Inc., 5533 Greenwood Circle, Naples, FL
34112, and the COLLIER COUNTY, a political subdivision of the State of Florida,
(hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for the purpose of drainage and maintenance over, under, upon and
across 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 fodh 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 an 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 & 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.
10. 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.)
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: //~'"~,,~/
AS TO COUNTY:
'- f , Depu~ Clerk
Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~ man
BY: JA~D. 'C'ARTER, PH.D'~Chair
AS TO OWNER:
WITNESSES:
Name: l- e~ /a
(Print) ~
Witness (Signature)
Name: z~)o z~ o ~
(Print)
TIMBER LAKE CLUB CONDOMINIUM
ASSOCIATION, INC., a Florida non-profit
Corporation
/~oanne H'~h'es,~'ic~ - P resident
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
n
TRANSPORTATION ENGINEERING DEPARTMENT
3301 EAsT TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY EXHIBIT
RADIO ROAD
N 1t9°2;~'211'' W
~L..__S. 819.51'
~39~2y2'II"L' P.O.C.N.E. CaR.
$ 0°42'16"W 162.80'
50.00' ' SEC. 1, TWP. 50
RGE. 25 E
296.6"/' J 360.00'
./~L _ _
E89.L20~" w
299.92'
N 0039'22" E I
60.00'
60' DRAINAGE EASEMENT
TIMBER LAKE AT SUMMERWOOD
A CONDOMINIUM
60.00'
N 89
LEGAL DESCRIPTION
COMMENCE AT TIlE NORTHEAST CORNER OF SECTION 1, TOWN$IlIP 50 SOUTIi, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; THENCE N 89023'28.. W ALONG TtlE NORTH LINE OF SECTION 1,819.51'; THF-JqcE
$ 00°42'16" W .50.00' TO THE SOHTH RIGHT OF WAY LINE OF RADIO ROAD (C.R. 858); THENCE S 89°23'28" E
ALONG SAID SOUTIt RIGIlT OF WAY LINE 162.80'; THENCE S 00°43'5~1" W 622.87'; TIfENCE $ 89°2038.. E
296.6'/' TO THE POINT OF BEGINNING; THENCE CONTINUE $ 89°20'~8" E 360.00'; THENCE S 00043'5'/.. W
6'/~.50'; TIIENCE lq 89°141~?'' W 60.00'; IIIENCE N 00°4~'~?" E 613.39'; THENCE N 89020'38.' W 29~.~2~;
TItERCE BI 00° 3922" E 60.00~ TO Title POINT OF BEGINNING. CONTAINING 58,41)4 SQ. FT. OR 1.341 ACRES
MORE OR LESS.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING PREPARED BY:
4) TWP. = TOWNSHIP .. .~....
5) RGE. = RANGE GEORGE R. RICHMOND P.L.S. 2406
6) ~ = RIGHT OF WAY COLLIER COUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE JULY 30, 2001 TIMLK SHEET 1 OF 1