Backup Documents 11/08/2011 Item #16D 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 0 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The corr pleted routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Ian Mitchell, BCC Office Board of County Commissioners u[9'l
Supervisor •
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the pers who created/prepared the executive
summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to co tact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after e BCC has acted to approve the
item.)
Name of Primary Staff SUE ZIMMERMAN Phone Number 252-2622
Contact
Agenda Date Item was November 8,2011 Agenda Item Number 6D2
Approved by the BCC
Type of Document DONATION AGREEMENT Number of Original
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is ii'es N/A(Not
appropriate. (lInitial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.This includes signature pages from ordinances, I
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts,agreements, etc.that have been fully executed by all parties except the BCC r
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ��cJ
signature and initials are required. .
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. n
Some documents are time sensitive and require forwarding to Tallahassee within a certain f v
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on 11/8/11 (enter date)and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable. zit
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05,Revised 9.18.09
MEMORANDUM
6 2
Date: November 10, 2011
To: Sue Zimmerman
Real Estate Services
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Donation Agreement
Project: Ann Olesky Park
Folio #00054000001
Attached please find one (1) copy as referenced above (Agenda Item
#16D2), approved by the Board of County Commissioners on
Tuesday, November 8, 2011.
The Minutes & Records Department has kept the Original as part
of the Board's Official Records.
If you should have any questions, please contact me at 252-78411.
Thank you.
Attachments
l6Oa
PROJECT: ANN OLESKY PARK
PARCEL Addition to park
FOLIO: 00054000001(a portion)
Accepted by BCC No/. Sth ,2011,Item I6 b
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as "Agreement") is made
and entered into this 534h day of Iovernber , 2011, by and between LAKE
TRAFFORD MARINA, INC., a Florida corporation, whose post office address is 6001 Lake
Trafford Road, Immokalee, Florida 34142-2331 (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose post office
address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred
to as "County").
WITNESSETH:
WHEREAS, County desires to acquire fee ownership to that certain land of Owner,
described in Exhibit "A" attached hereto (hereinafter referred to as "Lands"), for
purposes of operating and maintaining a park site, and all associated access,
infrastructure and improvements, as necessary; and
WHEREAS, Owner's Lands contain a .13 acres +/- piece of land and lake front
providing additional area to be added to the existing Ann Olesky Park for the
enjoyment of the public; and
WHEREAS, County has requested that Owner convey to County fee ownership to
Owner's Lands by Warranty Deed; and
WHEREAS, County will assume responsibility for the maintenance and operation of
the Lands for the benefit of the public;and
WHEREAS, Owner recognizes the benefit to the public and desires to convey fee
ownership of the Lands to County for the stated park purposes, on the terms and
conditions set forth herein, said terms including that no compensation shall be due and
payable for the conveyance of the Lands.
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 Lands described in Exhibit "A" which is attached
hereto and made a part of this Agreement. Said conveyance shall be at no cost to
County, except as otherwise provided below.
2. Owner shall convey the Lands described in Exhibit "A" to County via a
Warranty Deed, free from all liens, encumbrances or qualifications adversely affecting
County's enjoyment and intended use of said Lands.
3. Subsequent to the conveyance of the Lands as set forth above, County shall
be responsible for the maintenance and operation of the Lands.
4. Prior to Closing, Owner will cooperate with County to obtain, from the holders
of any liens, exceptions and/or qualifications encumbering the Lands, the execution of
such instruments which will remove, release or subordinate those encumbrances which
adversely affect, interfere with, or impede the intended use and enjoyment of the
Lands.
5. To the best of Owner's knowledge, Owner represents that the Lands and all
uses of the Lands have been and presently are in compliance with all Federal, State
and Local environmental laws; that no hazardous substances have been generated,
1 4b0J
tot'
1 6 0 2 If
stored, treated or transferred on the Lands except as specifically disclosed to County;
that the Owner has no knowledge of any spill or environmental law violation on any
land contiguous to or in the vicinity of the Lands to be conveyed to County; that the
Owner has not received notice and otherwise has no knowledge of a) any spill on the
Lands, b) any existing or threatened environmental lien against the Lands, or c) any
lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill
or transfer of hazardous substances on the Lands. This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
6. Closing of the conveyance shall occur within nine
County executes this Agreement; ninety (90) days from the date
9 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 Lands.
7. 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.
8. County shall pay for all costs of recording the conveyance instruments and
any curative instruments in the Public Records of Collier County, Florida, as well as, all
other costs associated with this transaction, including but not limited to, title
commitment, and survey, but shall not pay for documentary stamps.
9. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by all 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 Lands by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this 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. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
g`) day of Wye/1117r 2011.
Date acquisition approved by BCC: NOV1lmIyr z)apt) I(ota
AS TO COUNTY:
DATED: 1I 1 810101 )
ATTEST:
v ir11 ., BOARD OF COUNTY COMMISSIONERS
DWIt 4.• OF COLLIER COUNTY, FLORIDA
jtert. 4$0,4041 ik 9 BY
atur `..,►1 FRED W. COYLE, Chairma
Approved csr,to legal form and sufficiency:
By: JENNIF B. WHITE, Assistant County Attorney
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AS TO OWNER:
DATED: 119l/94
WITH■ SSES:
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Witness (Sit ature) /
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LAKE ame: fr li(�•/Atil(S Florida
Rcor oRq MARINA, INC., a
(Print or ype) /_ . /,.
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ess (Si(Sid nature) /y/ EDWA' R. : ESKY, Its P -sident
Name: `r4/�� (/650/
(Print or Type) 4 ;1 ME R
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LAKE TRAFFORD ROAD 1 P.O.C. °. ar
SOUTHEAST CORNER OF THE 0 • Y
N 0'47'45" W(D)(C) NORTHEAST QUATER OF C) ''�'
19.40'(D)(C) SECTION 35 ___ _--—
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1 i DESCRIPTION
v°I A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 46
SOUTH, RANGE 28 EAST, COLUER COUNTY, FLORIDA, BEING I-
A PORTION OF THE LAND DESCRIBED IN OFFICIAL RECORDS Q
I ai vi� BOOK 719, PAGE 1217, OF THE PUBLIC RECORDS OF ul
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tO to I COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY co
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1 3 I NORTHEAST QUARTER OF SAID SECTION 35; THENCE RUN E 1 p 1
NORTH 00'47'45" WEST ALONG THE EAST UNE OF SAID 1
In ID i FRACTION OF A SECTION FOR 19.40 FEET: THENCE LEAVING U ? Z O
i� SAID EAST SECTION UNE AND ALONG THE SOUTH LINE OF tq LL
Lo o THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 280. W 0 Z
I io ib I PAGE 483, OF THE PUBLIC RECORDS OF COLDER COUNTY, O U
I SOUTH 88'53'15" WEST, A DISTANCE OF 465.21 FEET; t<7 2
N THENCE SOUTH 74'35'45" WEST, A DISTANCE OF 112.80 co
FEET; THENCE SOUTH 88'59'05" WEST, A DISTANCE OF LU -1 d 0
706.44 FEET: THENCE SOUTH 73'52'15" WEST, A DISTANCE o6 J cn cc
OF 66.11 FEET TO THE POINT OF BEGINNING OF THE _ _1 Z W
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I �. THENCE LEAVING THE SOUTH LINE OF SAID LANDS, IN AND C S 74'35'45" W(C) ° THROUGH THE LANDS DESCRIBED IN OFFICIAL RECORDS co
I S 74'51'00" W(D) w w BOOK 719, PAGE 1217, OF THE PUBUC RECORDS OF
1 112.80'(D)(C) °00 1co� COWER COUNTY, SOUTH 01'14'05" EAST, A DISTANCE OF O
o a 10 98.90 FEET TO THE SHORELINE OF LAKE TRAFFORD; U
✓� W THENCE ALONG A SURVEY REFERENCE LINE, MORE OR LESS W
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� zo ° W n IT, 77'26'45" WEST, A DISTANCE OF 70.26 FEET TO A POINT
" o O ON THE EAST LINE OF THE LANDS DESCRIBED IN OFFICIAL
a a RECORDS BOOK 1050, PAGE 1716, OF THE PUBLIC -
11) ca• I,.IY < RECORDS OF COLLIER COUNTY; THENCE ALONG THE EAST
1 0 c l'.. °a UNE OF' SAID LANDS, NORTH 01'14'05" WEST, A DISTANCE
c OF 80.61 FEET TO A POINT ON THE SOUTH UNE OF THE f3
1 v ° LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 280, PAGE v
483, OF THE PUBLIC RECORDS OF COLDER COUNTY; 2 g
I 11? THENCE ALONG SAID SOUTH UNE, SOUTH 89'19'35" EAST, A
o a DISTANCE OF 50.00 FEET; THENCE CONTINUING ALONG SAID N
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wo O 11 FEET TO THE POINT OF BEGINNING. g N .o w a l':'
3 I CONTAINING 0.13 ACRES, MORE OR LESS w —j a W a i NOTES: N N m N m C�4
= 11. BEARINGS SHOWN HEREON ARE BASED ON THE EAST
M 6 03 , LINE OF SECTION 35, BEING N 00'47'45" W, AS STATED o' a ° o IN OFFICIAL RECORD BOOK 280, PAGE 483. • '0 M.... w I 2. DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET a a a o w - I AND DECIMALS THEREOF.c, 13. THIS SKETCH & LEGAL DESCRIPTION IS NOT VALID -4 31 u "" •O w a 5 3 �a I WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF o `o m
ci NP 8 3 3 A LICENSED FLORIDA SURVEYOR AND MAPPER. NO Z Z co `o j
0 co 0, o v ADDITIONS OR DELETIONS TO THIS SKETCH & LEGAL G.i x
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Page____of 1
• { • Memorandum 6D
r
TO: Minutes & Records Management
FROM: Sue Zimmerman
Property Acquisition Specialist
Real Property Management
DATE: November 21, 2011
RE: ANN OLESKY PARK
Project No. 649010
Please find the original recorded Warranty Deed for the above-referenced project, which was
accepted by the Board of County Commissioners on November 8, 2011 under Agenda Item
16D2.
PLEASE NOTE: Your office retained the original Donation Agreement for the above
Warranty Deed and have already scanned and saved it in our Real Property File on
November 10, 2011, under BMR Records in a folder titled "Ann Olesky Park". Please add
this Warranty Deed to the same folder.
Please contact me if you have any questions or comments at Extension 2622.
Thank you.
60
PROJECT: 111/156343/649010 INSTR 4626443 OR 4736 PG 811 I
PARCEL: Ann Olesky Park-Donation RECORDED 11/15/2011 8:5 AM PAGES 2
FOLIO NO.: 00054000001(a portion) DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
?NTS CONVEYANCE Ammo DOC @.70$0.70 REC$18.50
BOARD Of COINfTY COMM!
COLLIER COUNTY FLORIDA'TO DATPURSUANT _ Z NO..1121121 WARRANTY DEED
THIS WARRANTY DEED is made this I q day of Oc l o bey , 2011, by LAKE
TRAFFORD MARINA, INC., a Florida corporation, whose post office address is 6001 Lake
Trafford Road, Immokalee, Florida 34142-2331 (hereinafter referred to as "Grantor"), to
COLLIER COUNTY, a political subdivision of the State of Florida, whose post office
address is 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112 (hereinafter referred
to 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.)
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, for park use, to wit:
See Attached Exhibit"A"which is incorporated herein by reference.
Subject to: easements, restrictions, and reservations of record.
This property is not Homestead Property.
TOGETHER with all the tenements, hereditaments and appurtenances thereto,
belonging or in anywise appertaining.
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 encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the
day and year first above written.
WIT, SSES:
Witness (S':,9ature) LAKE TRAFFORD MARINA a
Name: crrr y ait,1/iAi 45 Florida corp: J •.•i /►
(P 'nto y �'
%/�
Witness (Si,��el �D /�h DW � •D R. OLESKY, ° President
Name: eta /
STATE OF FLORIDA J
COUNTY OF COLLIER
The foregoing Warranty Deed was acknowledged before me this / T day of
®C1012 r , 2011, by EDWARD R. OLESKY, as President, on behalf of LAKE TRAFFORD
. MARINA, INC., a Florida corporation, who is p y known jazae or who has
produced as identification.
•
WITNESS my hand and official se s 19 day of , 2011.
(affix Notary's seal)
Approv— __ .. .:,.di sufficiency NOTARY PUBLIC
Serial/Commission #:(if any)
+ Count Attorney My Commission Expires:
F2. 2 C3..-J� ►'r • h TONA NB80N
F:\Public Service\Ann Olesky Park\Warranty Deed ', ;+1 MY( tdISSI0N1EEOppt98 ,
•;•: EXPIRFJ;:October 11,2014 ow •
Balled Thu Nohry Pubic Underwr*e s
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19.40'(D)(C) SECTION 35 ___ ____ Q' ' p..Li
EAST UNE OF SECTION 35
I I 1 1 =
I 1 i DESCRIPTION '_
I o I A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 46
SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING I-
I N I j A PORTION OF THE LAND DESCRIBED IN OFFICIAL RECORDS
I tti ,ri I 1 I BOOK 719, PAGE 1217, OF THE PUBLIC RECORDS OF
I COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY co
a s I � DESCRIBED AS FOLLOWS. W
1 v of I j COMMENCING AT THE SOUTHEAST CORNER OF THE 0
ZOZ Q
I 3 3 I NORTHEAST QUARTER OF SAID SECTION 35; THENCE RUN t Q p
NORTH 00'47'45" WEST ALONG THE EAST LINE OF SAID 2
in o I i i FRACTION OF A SECTION FOR 19.40 FEET; THENCE LEAVING 2 ? =OJ ro I SAID EAST SECTION LINE AND ALONG THE SOUTH LINE OF co rj tL
,`) o I I THE LANDS DESCRIBED IN OFFICIA_ RECORDS BOOK 280, 18 0 Z O>.
1 So h)I PAGE 483, OF THE PUBLIC RECORDS OF COLLIER COUNTY, _1 0 Vr �I-
°0 00I i SOUTH 88'53'15" WEST, A DISTANCE OF 465.21 FEET; < Z
1n ul I I THENCE SOUTH 74'35'45" WEST, A DISTANCE OF 112.80 C7
Z
I I FEET; THENCE SOUTH 88'59'05" WEST, A DISTANCE OF W -�LLI
I 706.44 FEET; THENCE SOUTH 73'52'15" WEST, A DISTANCE Co J co D'
I \ I z 1W OF 66.11 FEET TO THE POINT OF BEGINNING OF THE _ —I Z L1!
1 t a 3 PARCEL OF LAND HEREIN DESCRIBED; W 0 O
/I z n iw THENCE LEAVING THE SOUTH UNE OF SAID LANDS, IN AND 6 V O"U
S 74'35'45" W(C)J Q N to THROUGH THE LANDS DESCRIBED IN OFFICIAL RECORDS co
1 S 74'51'00" W(D) w i� BOOK 719, PAGE 1217, OF THE PUBUC RECORDS OF z
112.8O'(D)(C) °0¢ \o COLLIER COUNTY, SOUTH 01'14'05" EAST, A DISTANCE OF O_
o a IW 98.90 FEET TO THE SHORELINE OF LAKE TRAFFORD; I-
KJ� t1,-L-I THENCE ALONG A SURVEY REFERENCE LINE, MORE OR LESS 0
w
Nr v 1E ' I� ALONG THE SHORELINE OF LAKE TRAFFORD, NORTH c)
I z o w
I X 7726'45" WEST, A DISTANCE OF 70.26 FEET TO A POINT
I o Y cc ;2, ON THE EAST LINE OF THE LANDS DESCRIBED IN OFFICIAL
~ 5 0 1d RECORDS BOOK 1050, PAGE 1716, OF THE PUBLIC
L-1,6,6 NI-
Po w w 1a RECORDS OF COWER COUNTY; THENCE ALONG THE EAST
= LL o O a I LINE OF SAID LANDS, NORTH 01'14'05" WEST, A DISTANCE
1 0 or u 1 OF 80.61 FEET TO A POINT ON THE SOUTH UNE OF THE .S
1 vw �r ° I LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 280, PAGE o
CC¢ rw-� Z I 483, OF THE PUBLIC RECORDS OF COWER COUNTY; ',Ti
wa < g � THENCE ALONG SAID SOUTH LINE, SOUTH 89'19'35" EAST, A U Lc
0 0 0 I DISTANCE OF 50.00 FEET; THENCE CONTINUING ALONG SAID c- N
I c)N �. 4 I SOUTH UNE NORTH 73'52'15" EAST, A DISTANCE OF 15.57 co N '
1 w 0 11 FEET TO THE POINT OF BEGINNING. co o v
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03 CO NI:Z a Z `„ 1 NOTES: M M�'M °° o
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w UNE OF SECTION 35, BEING N 00'47'45" W, AS STATED m m °
z rn o N � IN OFFICIAL RECORD BOOK 280, PAGE 483. a • 2 rn
. w 1 2. DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET . co c g o
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0 w v 1 AND DECIMALS THEREOF. w r� I
`� 13, THIS SKETCH & LEGAL DESCRIPTION IS NOT VALID
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p = ADDITIONS OR DELETIONS TO THIS SKETCH & LEGAL ,.
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