Buckeye Palms, Inc. Donation Agreement Memorandum
TO: Minutes & Records Management
FROM: C. Perry Peeples, Real Property Management
DATE: March 8, 2018
RE: PS 302.07-Buckeye Palms Condominium-UE
On February 23, 2010, the BCC approved Agenda Item 16.B.1, (Resolution 2010-39)
authorizing the County to accept donated conveyances for capital improvement projects.
Attached is the original Donation Agreement for attestation. Please attest to Commissioner
Solis' signature as Chairman on the document and return a copy of the attested Donation
Agreement at the email address below.
A recording form is attached for the Utility Easement and Temporary Construction Easement.
Please contact me if you have any questions or comments at Extension 8073 or
perrypeeples@colliergov.net.
Thank you.
PROJECT: PS 302.07 Relocation
PARCEL: Buckeye Palms Condominium
ADDRESS: 400 Valley Stream Dr.
Donation Agreement approved by the BCC
Pursuant to Resolution 2010-39
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between BUCKEYE PALMS, INC., a Florida not-for-profit corporation,
(hereinafter referred to as "Owner"), whose mailing is 400 Valley Stream Dr., Association Box,
Naples, FL 34113, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter
referred to as the "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples,
Florida 34112.
WITNESSETH
WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive
utility easement for the purpose of utilities 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; 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.
NOW, THEREFORE, in consideration of these premises, the sum of Ten ($10.00) Dollars, 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 Utility Easement to County at no cost to the County,
unless otherwise stated herein.
2. Prior to the date of closing (the "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 Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless the 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.
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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
agrees 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 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
and title insurance policy, if required, 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 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
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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 parties have caused these presents to be executed the dates
set forth below.
Approved by BCC pursuant to Resolution 2010-39
AS TO COUNTY: Dated: cc\,,Tl Za t f
BOARD OF COUNTY COMMISSIONERS OE'.
COLLIER COUNTY, FLORIDA,,AS THE GOVERNING
ATTEST: 't$¢#„ BODY OF COLL ' C•UNTY A► : EX-OFFICIO
Dwight E. Brock, Clerk .',),. THE GOVER G : dARD O, /. OLLIER :=
r' COUNTY W E': E" _ ,,i: T
v,,
/ 1 / a 3. By. �' -
,,4,ku y Clerk ANDY SOLIS, Chairman -,, ;\�.
Attest as ''io�t��:rsiiee�'+�
hai an's
fi :mature only,
AS TO OWNER: Dated:/11ficI,B awe
BUCKEYE PALMS, INC.,
a Florida not-for-profit corporation,
/ iiiit,----
Witness Signare $y �!
CIC1)-40
�� LEONARD'SOLO, President
Print Name: 7 tf
t ,L)62,,,,Leg„ /
fitness Signature J�
Print Name:J /xrcth ,k aocce-2.4ker-
Approved
as to form and legality:
te�ll
Jennifer A,,E elpedio , Assis t County Attorney Cf3j
\\4
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DESCRIPTION
A TRACT OR PARCEL OF LAND LYING IN TRACT M OF THE PLAT OF LELY GOLF ESTATES AS RECORDED IN PLAT
BOOK 8, PAGE 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT OF PARCEL BEING MORE I7
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY MOST CORNER OF THE BUCKEYE PALMS CONDOMINIUM AS RECORDED IN
OFFICIAL RECORDS BOOK 1432, PAGE 1441, SAID PUBLIC RECORDS THENCE N.51°41'38"W ALONG THE SOUTHWEST
LINE OF SAID BUCKEYE PALMS FOR 15.00 FEET;
THENCE NORTHEASTERLY DEPARTING SAID SOUTHWEST LINE FOR 5.00 FEET ALONG THE ARC OF A 0 7.5 15 30I
NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1,255.05 FEET THROUGH A CENTRAL ANGLE OF
00'13'42" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.38°11'31"E. FOR 5.00 FEET TO THE CORNER 1"=30'
OF A 5 FOOT AND 15 FOOT UTILITY EASEMENT AS RECORDED IN SAID BUCKEYE PALMS CONDOMINIUMS AND THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE N.51'41'38"W. ALONG THE NORTHEAST LINE OF SAID 5 FOOT UTILITY EASEMENT FOR 15.00 FEET;
THENCE N.37'43'47"E., DEPARTING SAID NORTHEAST LINE FOR 15.00 FEET;
THENCE S.51°41'38"E., FOR 15.00 FEET TO AN INTERSECTION WITH THE NORTHWEST SIDE OF SAID 15 FOOT
a, UTILITY EASEMENT;
3
h THENCE SOUTHWESTERLY ON THE NORTHWEST SIDE OF SAID 15 FOOT UTILITY EASEMENT FOR 15.00 FEET ALONG
THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 1,255.00 FEET THROUGH A CENTRAL
o ANGLE OF 00'41'05" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.3744'07"W. FOR 15.00 FEET TO THE
N POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN.
d
CONTAINING 225 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
O BEARINGS HEREINABOVE MENTIONED ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE, NORTH
M
q AMERICAN DATUM 1983 (NSRS 2011 ADJUSTMENT) WHEREIN THE SOUTHWEST LINE OF SAID BUCKEYE PALMS
s CONDOMINIUM BEARS N.51'41'38"W.
2 I
o I CURVE TABLE
SW LINE OF TRACT M CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD
BUCKEYE PALMS
. I OR 1432, PG 1441 LELY GOLF ESTATES Cl 5.00' 1255.05' 0°13'42" N38'11'31"E 5.00'
PLAT BOOK 8, PAGE 20 I
I 5' UTILITY EASEMENT C2 15.00' 1255.00' 0'41'05" S37'44'07"W 15.00'
in/-
1432, PG 1441 BUCKEYE PALMS
A CONDOMINIUM 5' UTILITY EASEMENT
a I OR 1432, PG 1441 OR 1432, PG 1441 I
Q I N3743'47'E 15.00' I
0
0
'co N51'41'38"W
15.00' S51'41'38'E 15.00'
y — —
E N51'41'38' r W 15' UTILITY EASEMENT- I
O. 15.00' C1 OR 1432, PG 1441 I _ _ _ -
__IC2 - - - - - - - - - - - - - - J SE SIDE OF 12
- - - -
POB DESC. BUCKEYE PALMS
1 OR 1432, PG 1441
N _
O _ _ _ - - - LEGEND
'g _ — _ — — AL = ARC LENGTH
a — ` _ _ __ __- _ — -- CH = CHORD LENGTH
e — — — CB = CHORD BEARING
v o DESC. = DESCRIPTION
-POC DESC. a EXHIBIT A PG = PAGE OFFICIAL RECORDS BOOK
SOUTHERLY MOST CORNER OF m A
o BUCKEYE PALMS zPa�e,....(,._ot..__�.__ POC = POINT OF COMMENCEMENT
H OR 1432, PG 1441 POB = POINT OF BEGINNING
o
8 co m C.U.E = COUNTY UTILITY EASEMENT
:'- TF R = RADIUS
o m A = DELTA ANGLE
O- m K.
o_t
a• NOTES:
• 1. THIS SKETCH IS NOT A SURVEY.
N 2. BEARINGS SHOWN HEREON ARE BASED ON STATE PLANE COORDINATES, TIMOTHY J. DEVRIES DATE
N FLORIDA EAST ZONE, NORTH AMERICAN DATUM 1983 (NSRS 2011 PROFESSIONAL SURVEYOR AND MAPPER
(i ADJUSTMENT) WHEREIN THE SOUTHWEST LINE OF SAID BUCKEYE PALMS FLORIDA CERTIFICATE NO. LS 6758
CONDOMINIUM BEARS N.51'41'38"W. NOT VALID WITHOUT THE SIGNATURE AND THE
m 3. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
o DEVELOPMENT RESTRICTIONS ON THE SUBJECT PARCEL. SURVEYOR AND MAPPER.
COLLIER COUNTY UTILITY EASEMENT 661OWillowParkDr.,4S1Ite200
LYING IN TRACT M Naples,Florrida34109
PLAT BOOK 8, PAGE 20 Phone(239)597-0575
SECTION 19,TOWNSHIP 50 SOUTH, RANGE 26 EAST Fax:(239)597-0578
LB No.:6952
COLLIER COUNTY, FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
130063.00.29 0 19 50 26 1"=30' 12/12/17 CLS 008 SD _ 1 OF 1