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John N. Brugger - Parcel 126TO: FROM: DATE: RE: Memorandum Ellie Hoffman Senior Clerk Minutes & Records Management Debbie Armstrong 0(~{¥ Acquisition Specialist Transportation Right Of Way Office August29,2002 Livingston Road Project No. 62071, Parcel 126 Livingston Lakes PUD With regard to the above-referenced conveyance, please find attached one (1) original recorded Warranty Deed and (1) original Donation Agreement. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase in Resolution 99-426, Item 16(B)20, dated November 23, 2001. If you have any questions or comments, you may contact me at 213-5874. Thank you. Attachment as stated cc: Inventory File w/attachments Project Contractor's File w/attachments Transportation Right-Of- Way Office Project: Livingston Road/62071 Parcel No.: Section Thirty/126 Folio Nos.: 00198800002, 00199040007 & 00198840004 3023314 OR', 3082 PC', 2 RECORDED in O~FICIAL RECORDS oi COLLIER COUNTY, FL 07/31/2002 at 04:ZSPM DWIGHT E, BROCK, CLERK REC ~EE 19,50 WARRANTY DEED Rein: TRANSPORTATION/RIGHT O~ WAY INTEROFFICE- SOUTH HORSESHOH COPIES 4,00 THIS WARRANTY DEED is made this ~')~day of , 20(~,, by ~' JOHN N. BRUGGER, individually and as Trustee (hereinafter referred to as "Owner"), whose ~ post office address is Forsythe and Brugger, P.A., c/o John N. Brugger, 600 Fifth Avenue South, Suite 207, Naples, Florida 34102 (hereinafter referred to as "Grantor"), to COLLIER ~" COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post _~ office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as ~c_o "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.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate 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 OF THE GRANTOR. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging ,-or in anywise appertaining. Ii~ TO HAVE AND TO HOLD the same in fee simple forever. .. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of ~ =said land in fee simple; that the Grantor has good right and lawful authority to sell and convey ~ =said land; that the Grantor hereby fully warrants the title to said land and will defend the same .-~ ~ ~against the lawful claims of all persons whomsoever; and that said land is free of all "7 ~ ~encumbrances.._ except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day ~ .and year first above written. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMM~~. COLLIER COUNTY. FLORIDA, OF RESOI. UTION NO. OR 3082 PG 2 : : 251 AS TO GRANTOR: Witness (Signature) (Print) Witness (Signature) (Print) JOHN N. BRUGGER, individually and as Trustee STATE OF ~'L~~. DA_ COUNTY OF (~'~'1 .('~; i'/__~ ~ ~ foregoing Warranty Deed was acknowledged before me this y of '~ ~~ , 2~y JOHN N. BRUGGER, individually and as Trustee, who is personally known to me or has produced as identification. (affix notarial seal) (Signature of I~otary pub)jc) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#: ~10,~, My Commission Expires:~/~/~ Approved as to form and legal sufficiency: Heed i-T=Tks~n Assistant County Attorney EXHIBIT_ ~ OR: 3082 PG: 2252 I.[") N 07/29/02 16;43 FA~ 9412635757 07/28/2002 12;10 PA2~ ~3~6695771 FORSYTH BRUGGER __. ~O02 (SE~ 5HEE'~ ~ O~ ~ FOR DESCRIP~ON OF RIGHT--Of--WAY PA~C~L) , EXHIBIT *** OR: 3082 PG: 2253 ul/z~/uz 1u:l~ ~'AX ~41Z~3U757 FORSYTH BRUGGER ~ 003 07/26/2G02 12:10 TR~%.N'SP R I G~B.T/WA¥ I~oO~ SECTION ~0, TOWNSHIP ~8 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA RECORD ~OOK ~f3l. PA~E long. ALL OF ~E PUBLI~ RECOR~ OF COLLIer ~HE ~TERL~ ~ F~ET OF THE ~UTHWEST 1/~ OF THE NORTHWEST SOU~WES~' 1/~ OF THE SOUTHWEST 1/~ OF THE NORTHWEST 1/4, ~EC~ON 30, TO.SHIP ~ ~UTH. RA~E .~ E~=~ OF ~E PU~LJC RECO~O~ OF COLLIER THE wEsTERL~ 30 FEET OF THE SOU~ 1/~ OF THE =OUTHWEST ]/4 OF THE TOWNSHIP 4~ SOUTh, R~NGE 2~ EAST. mF ~E PUBLIC RECORDS OF COLLJER C~UN fY, FLORIDA. AND THE ~S~RLY JO FEET OF ~E NOR~ST 1/4 OF THE NORTHWEST 7/~ OF THE SOUTH~ST 1/4 OF THE SOUTHWESt ~/4 oF THE NORTHWEST 1/4, SECT;ON 30, TOWNSHIP '4a SOU~, RANGE 2~ EASL PUBLIC RECORDS OF CO[UER COUNTY, FLORIda. PREPARED BY: .:,:~..~ ' ".'-~~'.~,'"'OF 2 Project: Livingston Road/62071 Parcel No.: Section Thirty/126 Folio Nos.: 00198800002, 00199040007 & 00198840004 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between JOHN N. BRUGGER, individually and as Trustee (hereinafter referred to as "Owner"), whose post office address is Forsythe and Brugger, P.A., c/o John N. Brugger, 600 Fifth Avenue South, Suite 207, Naples, Florida 34102, 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 fee-simple interest in the lands described in Exhibit "A" (said interest 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 WHEREAS, County agrees to construct a single, southbound turn lane and a single, northbound turn lane into the Livingston Lakes Planned Unit Development in accordance with the construction plans of Livingston Road, Project No. 62071; 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 a Warranty Deed 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. County shall construct a single, southbound turn lane and a single, northbound turn lane into the Livingston Lakes Planned Unit Development. The construction of the turn lanes shall be completed in conjunction with the scheduled construction of the Livingston Road improvements under Project No. 62071. The County's construction of the southbound left turn lane, as stated herein, and subsequent median access to the Livingston Lakes PUD shall not be construed as a vesting of rights for median access. County reserves the right to close or modify the southbound left turn lane and any and all median openings at its sole discretion based on capacity and/or safety issues. 4. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within thirty (30) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement an additional thirty (30) days 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. 5. 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. 6. To the best of his knowledge, 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, to the best of his knowledge, 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. 7. 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. 8. The County shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. The Owner shall be responsible for recording costs for any curative instruments. 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 Owner shall provide an Attorney's Opinion of Title and shall be responsible for the cost of providing a title policy. The County shall provide a market valuation or appraisal report ("Report") to the Owner within thirty (30) days of the recordation of the conveyance, in order to substantiate the value of the property to be insured. Owner shall have thirty (30) days from receipt of the Report to issue the title policy. 9. 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. 10. 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. 11. 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.) 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the Owner has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: s t!-; g,,. ,, ::i~W~'eHT E. 8ROCK,',Clerk :.:....~7.'~...,; ,:,..4:,"~,~put, Clerk "',,'"'~:;. :':'~~ mil, ---- ' :;,',A~ ~WNER: WITNESSES: Witness (Signature) Witness (Signature) (Print) BOARD OF COUNTY COMMISSIONERS BY: ~man JOHN N. BRUGGER, individually and as Trustee By: Approved as to form and legal sufficiency: H~idi F-.'7~s~'-hto n Assistant County Attorney EXHIBIT 07/29/02 16:43 F.A.Z 9412636757 FORSYTH BRUGGER O02 0o2 COLLI~ COUNT~, FLOriDA 26 EAST EXHIBIT ol/a~/oz l~:4a P'AX 9412636757 FORSYTH BRUGGER ~003 07/26/2002 t2:1~ FAX 23~65~5771 TRA~SP RIGIIT/WA~ OO3 PARCEL NO: Il6 SECTION GO, TOWNSHIP 4g SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DE~CRIPTION OF RIGHT--OF--WA Y PARCEL A ~0' FOOT ~1~ ROAD RIGHT--OF--WAY PARCEL O~R. UNDER AND ACROSS WES~REY 30.00 FEET OF ~OS~ LANDS AS D~SCRIBED IN OFFICAL RE~ORD ~OOK 2~31. PAGE ~. ALL OF ~E PU~LI~ RECORDS ~F COLLIER COUNTY. F~.ORIDA ANO BEIN~ MORE pARTICULARLY ~ES~RJBED THE ~STERLY 30 FE~T OF THE ~OUTHWEST 1/4 OF THE NORTHWEST 1/~ OF THE SOUTHWESt' 1/~ OF ~E SOUTHWEST 1/~ OF THE NorTHWeST 1/4. SEC~ON 30. TO,SHIP ~8 S~UTH. RA~E .2~ EA~ OF ~E PUbLiC RECORO~ OF COLLIER COUNTY. FLORIDA. THE WESTERLY 3~ FEET OF THE ~OU~ ~/2 OF THE ~OUTHWEST ~/4 OF TH~ NO~ST 1/~ OF THE =OU~T 1/~ oF ~ NORTHWEST ~/4. ~ECTION 30. C~UN ~Y. FLORIDA. THE WES~RLY 30 FEET OF ~E NOR~W~ST ~/~ oF THE NOR~WE~T 7/4 OF THE SOUTH~ST 1/4 OF THE SOUTHWEST 7/~ OF THE NOR~WEST ~O~SHfP '4~ SOU~. RANGE 26 EA~ PUBLIC RECOROS OF COLUER COUNTY. FLORIDA.