Donation Agreement - Folio #00261400009 PROJECT: FOREST LAKES MSTU 162523
PARCEL No(s): Golf Course Lakes/Ponds
FOLIO No(s): 00261400009
DONATION AGREEMENT
THIS DONATION AGREEMNT (hereinafter referred to as the "Agreement") is
made and entered into on this 2' day of GAA , 2017, by and between
QUAIL RUN GOLF CLUB, INC., a Florida non-profit corporation , whose mailing
address is #1 Forest Lakes Blvd., Naples, Florida 34105, (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, to install, operate , and/or maintain drainage
structures, and amenities appurtenant thereto including but not limited to lakes/ponds,
ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes,
various types of water control structures and any and all manner of facilities related to
drainage control 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,
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 THE
EASEMENT AREA DESCRIBED HEREIN SHALL REVERT TO GRANTOR, ITS
SUCCESSORS ORASSIGNS.
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 exhbits 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: 01/25/2017
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
date first above written.
ASTO COUNTY:
DATED: g / /�
ATTEST: r` BOA- ►, OF OUNTYCOM ) ,.SIONERS
DWI HT E. 'BROOK,Clerk CO/// COUNTY,F OR 00
.cBY: /
:;. deputy Clerk PENNY TAYLOR, Chairman
Atte#as to Crtain ±an
siuna ,Only
AS TO OWNER: QUAIL RUN GOLF CLUB, INC.,
DATED: 31zA a Florida non-profit corp.
Witness (Signature) vuy - By: e Vozi l<i ez.z
%chrr r» Said e Print:
Name (Print or Type)
Title: S c\.v .-
Witness (Signature)Ceixtlui- w41a,
en LAI
Name (Print or Type)
Approved as to form and legality:
114
Jennifer A. Belpe•io. S
Assistant County tor ey S'' \1
Last Revised: 01/25/2017
Exhibit "A"
Limited to all of the bodies of water within the border of the property described below, being the lakes/ponds
within the golf course property.
LEGALDESCRIPTION
FOREST LAKES ESTATES-GOLF COURSE WESTERLY TRACT OF LAND
A tract of land in Section 14,Township 49 South,Range 25 East,Collier County, Florida and being more
particularly described as follows:
From the Northwest corner of said Section 14. run S0°19'00'W,a distance of 50 feet to the southerly right of
way line of S.R. 931;thence run East along said right of way, a distance of 127527 feet to a point; thence
run South,a distance of 164.44 feet to a point on a curve;thence run westerly along the arc of a curve to the
right, a distance of 20.06 feet to a point, said curve having a radius of 1527.85 feet, a delta of 0°45'68", a
chord of 20.06 feet bearing S64°42'06'W, thence run S24°55'20"E, along a radial line,a distance of 60.0 feet
from PRC;thence run westerly along the arc of a curve to the right,a distance of 221.84 feet to the Point of
Beginning, said curve having a radius of 1587.85 feet, a delta of 8°00'18". a chord of 221.66 feet bearing
S69°04'49'W:
Thence continue westerly along the arc of the same curve, a distance of 46329 feet to a point, said curve
having a delta of 16°43'02", a chord of 461.64 feet bearing S81°26'29'W; thence run S0°12'00"E, along a
radial line. a distance of 150.00 feet to a point; thence run S75°23'SOW, a distance of 143.65 to a point;
thence run S24°56'00'W. a distance of 130.68 feet to a point. thence run S8°31'50"W, a distance of 20224
feet to a point;S3°44'50'W, a distance of 300.66 feet to a point;thence run South,a distance of 2000.00 to a
point;thence run S24°34'49'W,a distance of 235.90 feet to a point;thence run S71°20'00"E, a distance of
163.46 feet to a point; thence run S0°50'OOW abng a radial line a distance of 150.00 feet to a point on a
curve;thence run easterly along the arc of a curve to the loft, a distance of 78.82 feet to a PRC, said curve
having a radius of 416.87 feet, a delta of 10°50'00", a chord of 78.70 feet bearing N8525'00"E; thence run
along the arc of a curve to the right, a distance of 195.38 feet to a point, said curve having a radius of 889.88
feet, a delta of 12°34'47", a chord of 194.99 feet, bearing N86°17'23.5"E; thence run N2°34'47"E, along a
radial line, a distance of 16122 feet to a point;thence run S78°32'00"E,a distance of 216.74 feet to a point;
thence run N89°29'00"E, a.distance of 546.32 to a point;thence run N80°12'00"E, a distance of 686.10 feet
to a point; thence run N23°31'31'W,a distance of 234.22 feet to a point;thence run N49°10'00'W,a distance
640.00 feet to a point; thence run N48°00'00"W, a distance of 552.00 feet to a point; thence run
N12°30'00"W, a distance of 582.00 feet to a point; thence run N5°10'00"W, a distance of 356.00 feet to a
point; thence run N8°50'00"E, a distance of 773.55 feet to a point; thence ru N82°56'00'W, a distance of
127.29 feet to a point;thence run S16°30'00"W,a distance of 608.95 feet to a point;thence run S2°40'12'W,
a distance of 508.41 feet to a point;thence run S22°31'54"E, a distance of 821.92 feet to a point;thence run
S51°31'10"E, a distance of 483.45 feet to a point; thence run S51°15'00"E, a distance of 304.00 feet to a
point;thence run S40°50'10"E,a distance of 252.00 feet to a point; thence run S50°48'52'W, a distance of
7829 feet to a point;thence run N73°00'00"W, a distance of 220.00 feet to a point;thence run S6r19'00'W,
a distance of 209.48 feet to a point; thence run S8r40'00"W, a distance of 150.00 feet to a point;thence run
S64°20'00"W, a distance of 252.00 feet to a point; thence run N65°15'00"W, a distance of 675.00 feet to a
point; thence run N10°30'00"E, a distance of 478.00 feet to a point; thence run N0°30'00'W, a distance of
485.00 feet to a point;thence run N10°45'00'W,a distance of 351.00 feet to a point;thence run N2°40'00"E,
a distance of 694,00 feet to a point; thence run N6°00'00"E. a distance of 345.00 feet to a point;thence run
N78°25'00"E, a distance of 397.52 feet to a point; thence run N1rOO'OO"E, a distance of 152.19 feet to the
arc on a curve; thence run northerly along the arc of a curve to the left, a distance of 214.83 feet to the
intersection with another curve and the Point of Beginning, the aforementbned curve having a radius of
s� .
•
351.23 feet, a delta of 35°02'44", a chord of 211.50 feet bearing N0°31'22"W, and said tract of land
containing 38.6521 acres more or less.
• LEGAL DESCRIMION
1'ORLtia •LAKES ESTATE' - GOLF COURSE CT.UUUUI011 ST'S SITE
Il•tradt of land'in Section 14,' Township 44 South, Range
25 East, collier County, Florida and being more particularly
described as follows:
From the Northwest corner of said Section
14,
runof Say 0°of 19' 00" W,
31;
a distance of 50.0 feet to .thQ southerly y a •distanccY of ...
thence run East along said' east right of way, f
1275.27 feet to a point; thence run South, a distance o 164.44
fe arc
feet to a point on a curve; thence run westerly
of a curve to the right, a distance of 20.06 feet to a point,
said curve having a radius of 1527.115 feet, a delta of O°45'0S `1" "
chord of 20.06 feet bearing•S 64°42'06" W; thence run 24°55 2b a
E,
algng a radial lineadistance of. 60.0 feet to a- PRC, said point also
being the Point of Beginning:
Thence run. easterly along the arc of a curve to the rights a
dius .
distance of a0deltafeet
ofo69l°e55' 20",'said
acurve
chordhaving
14.60afeet:
of 100.0 feet, �° 00' 00" E, a distance
bearincf S 79° 57' 40" E' thence run S 4a southerly along the
of '4.7.24 feet: tk-) the PC of a curve; thence run 0 •
are o0 a t.:urs:: to the right, a distance oc.u,d.4C elta ci4to the PT,
said curve having a racliul -0 ---8 3:a-9-? c-et:,20° 16' 00" 4; thence•2_f,' 00" , a chord of 74 .. 1 � cot to the PC of a
run S 4° 20' 00" W, . , • . the
•
along t a a curve to
curve; thence run -• t y i � v n said curve having
right, a distanc- 0f %.98 eet . toa2p , ,1 „
a radius of 284 .31 'eet, a delta of00 W10t`1enc� run PI
a chord of 128. =7 '•e earl a 46' 00 '• o \328.09 •fnet to
. 82° 56'' 00"W, a ong a 'f line, "i
dist a ce\of 121.68 feet
' " of a
n� ° � i E,
a point; then n fik• ong\the arc
to the PC of cu e to of
of : tli.: t: c �' c)tl pointtV��
curve ,c the 1 at 'r lel t:it i)
i.tl:�,::::�:c:t.i.c�a 1 ;it eta r :uc , elt:,l�n� 3 0 '' a
having• ;t radi ': b ' ' 10,2•' - :' e 1'� ; .1 . co 20", easterly
chord of 247. `et bearing N ! stanceu of ste ly
other curve to t - lc -t,along the arc '� sa• g a radius Beginning,. .ur e feet
feet t7• the Poi, •�.• g 5 50' ., i of 161.77
of rin7.fly r°5 s .
lta of� ° a ' d containing
--- c G7° 59 d5 E, and- said frac �
bearing J N � ` 1.
2.9967 acres more , . /
(11-Z"j. '"
RECORDER'S MESIO: Legibility
of writing, Typing or Printing
• . unsatisfactory in this document
when received.
Last Revised, 5/6/16
•
•J ECURDERS MEMO: ttgiirili+y OR BOOK PAGE
of writing,. Typing or Printing
uneatiifnatory iu tike document
when roceived.
LEGAL DESCRIPTION - '
FOREST LAZES ESTATES - GOLF COURSE EASTERLY TRACT OF LAND
tract of la•
nd in •Section 14, Township 49 South, Range 25
..,
::t, Collier Co::nty, Florida being 'described in two (2) parcels
particularly described as follows:
�:�is Ji::.:1Cj LIO::J .+�
a dis-
. _::o,:: the North Quarter corner of said Section 14, run South, and
. ta::ce. of 50.0
;eet to the southerly right of way of .S.2. 531
t.•a •Poi::'t of Beginning of Parcel 1. .
„ E, said right of way: a distance of
• T1:encu run N 69° 59' 4Qalong Q4 18" E, a distance
•
1253.S1 feet to a point; thence run S 0° curve;.
cu
a
of 480.07 fact to a point, said point being the P.C. ofu
•
' thence run Westerly along the arc of a curve to the right,
distance of 15-.21 feet to a point, said feet to a p
curvea chord
having g n radius of 1057.93 feet, a delta ° 52' 40",thence run N 0° 4a' o
01.1(.21 feut bearing N 89° 37' 58" 'W.; Dint; 2"cnco
_' alone, 1 :": i::l line, a distance of 80.22t0 a' 'point;
thence
•
run N G5° 15' 00" W, a distance of 527.97 feet point; thencerun S S5? 00' 00" .W, a distance of 414.08 feet to a
run N 760 00' 00" W, a distance of 237.00 a'di�tance of 135.89
feet to a point; thenen r tf: ' 41" W,
is
a distance of 335.00
felt to a point; there v A) �a , 1,7;. a .distance of 400.05
,a_t to a point; the. �V,.!,,. • a distance of 493.78
fact to a point; t • •� 8 n N 82° 00' . *
run North, a dis .f 154.93 feet to
theeC to a ;Dint; �• run East along
southerly ri It S. R. 531; t nc
•
_ :8 Let t. the Point of
•:i.a _,:i'ai:i: of ir. d '" neo = :42 :.^.re:: ;,:ore o.-` '
and ai parcel ' c• tain 'a* 12.3
l;r.�7i;:n z,�,
lc:;...
..n 14, run Svurh, a
fro the North Qu '} c r ` o 0 t •1f. �, 1 n S. R,
t. . o -1J
c:iota:c�� of 50 r of gray, a
•, • ' , a , ,. a
d31; nce:thence then. o a - 0° 04' 18" E,
• feet to a paint r
distance of 12 ,(�y}p Ei=gi „yam,., of Parcel 2-
distance Of 540 Yom", net to the Point S..JJ
, ,/ ' Din::;
r:r .4 ' 18" E, a dis •1s = Q• 9.57 feet to a p
Thence rut. Sarre V../ 63 feet to a point;
�." W, a distance o' point;
t ence run S 55° nc• 1 .48 feet to a
° 32 a dist point,
thence run N 72 0 5.00 feet to a
thence run S 53° 30' ' r" 4y'_ 564.00 feet to a point;
thence run S S3° 45' 0 T, 4. `1C of 753.00 feet to a point;
thence run S 4 35' 00" R, a. point;
thence run S. 9° 50' 00" E, a distance of 376.00 feet to to a point;
5. 13° 10' 00" WI a distance of• 330.00 feet to.a point;
thence run166.82 feet
S 81° 30' �^" W, a distance of
tence ru ° point;
thence run N X90 21' 00" W, a distance of 220.00 feet to a � 4
run 1' 39° 05' 00" W, a distance of 269.00 feet to a point; i
tlhence" 167.00 feet to a point;
thence run N 54° -'•0` 00' W, a distance o.. feet to a point;
e run N 18° 4,J' 0 0" W, a distance of 559.00feet
to a point;
there _ iof 175.00 .
N �Q° 3�' 00" :':., a distance r feetto d point;
;:;:nese r,::. 594.55
i..'a::i is ....... N _l.L° 10' Dti" Y., a di St2.n•7�? A� feet to a point;
run N 32° 00' 00" W, a distance of 223.09-f `t pointn on
thence8,,, 13' 00" W, a distance of 44.08 feet a
....ecce run N � of a curve to the
a^curve; thence run nor't'herly along they arcf curve havingoa
left, distance •of 16.04 feet totheP1T, said, a chord of gG.04
`a`ius�of Y932.21 feet, a delta of 000 28' " E, f distance o:
• _e•e;;.;,earing N 4° 37' 30" E; thence run°N 00" 00 a a dist of
. 154.32 to a point; thence run S 36 32' aist
feet thence ;:un easterly along.t:-.0
la{.%u :hent to the 2C of a curve; 44.73 feet to a arcpoint,
of a curve to the right, a distance ofa delta of o° 20'
:;:.id curve ,having a radius of 1910.00 feet,
84° 51' 45" E; thence
,;0" a chord of 44.72.feet bearing
I
run S 5° 48' 30" W, along a radial lino a diatancu of 27.63
feet to a point; . thence run S 20° 35' 00" E, a distance of 329.15
feet to a point;. thence run S 23° 17.' 07" E, a dijitance of
196.59
feet to a point; thence run• S 28° 16' 06" W, a distance of 170.77
feet to a point; thence run S 0°.. 55' 00" W, a distance of 441.00
feet tea point; thence run 'S 4° 10' 00" E, a distance of 388.00
feet to a point; thence run N 70° 10' 00" E, a distance of. 317.00 •
feet to a point; thence run N 12° 15' 00" E, a distance of 444.00
2uot to a point; thence run N 13°. 50' 00" E, a distance of 267.00
feet to .t point:; thence run.N. 4° 20' 00" E,..a distance of 308.53
'feut to .t po.i.nt:; thence run N 86° 01' 27" .E, a distance of 416.47
::eut• to a point; thence run. N 64° 19' 10" E, a di'sta nce. of 197.19
feet to'a point; thence run N 81° 20' 00". E, a distance of 361.22
feat to a point; thence run S 12° 30' 00" E, a distance of 95.0090
feet to a point; thence ren.N 72° 00' 00" E, a distance of 95
feet to a point; thence run.N 2° 03' 42" E, a distance of 15.20
feet to a point on a curve; thence run easterly-along the arc of
a curve to•the left, a distance of 41.63 feet to the PT, said
us, of
PT being the Point of Beginning, and said curve having
1117.98 feet, a delta of 2° 08' 00";, a chord of 41.62 feet bearing
S 89° 00' 18" 'c., and said parcel 2 •containing 26.1497 acres
mon) o:: less. '
Also that .pitrcel of land described as:
Commencing at the North e. n • Section 14, Township 49 .
- South, Range 25 East, (YY - • •rocceding North
89°59'40" East alo .--• . .. . er • 4u: , • • way. of. Pine Ridge
Road a distance a• S 333L81 feet to a• •• •• thence South
• 0°04'18" East a i = ce of 749.54 feet • point of be-
ginniacJ; thence Sou - .d Westerly along a urve to the
right 1305.68 f et o 4. • int, . %.-ve be ng •escribed by
the following cur o data: de equa s• 89°5 '05 ' and a
radius of 513 57 r t ,, ',., N.' • ° : ' ' .E a distance
_ of 482.63 fee a •o'nti a N• • 1 0 •".!' We t a distnace
of 512.50 fe t to. t e p•iif b g • n! . -
! �w
. -k,,,,.,____ ' '-l'' 1 _0/
j `�-� IiECORDEfl S MEMO: Legibility t or Printing
of writing. Tin thas d n,eut
in
when received.
i
Last Revised: 5/6/16