Marquesa Plaza Donation Agreement
PROJECT: #60016
PARCEL No(s):
FOLIO No(s): Portion of 00287480003
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this 21rd day of March , 2006, by and between
MARQUESA PLAZA, llC, a Florida limited liability company, formerly known as LAS
PALMAS, LLC, whose mailing address is 11983 Tamiami Trail North, Suite 100, Naples, FL
34110 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a fee simple
interest in that certain portion of property more particularly described in Exhibit "A", attached
hereto and made a part of this Agreement, and also a perpetual, non-exclusive Sidewalk,
Drainage and Utility Easement over, under, upon and across the lands described in Exhibit
"B", attached hereto and made a part of this Agreement (said fee and easement interests
hereinafter collectively referred to as the "Property"); 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 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 Property 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 both a properly executed Warranty Deed and Sidewalk, Drainage and
Utility Easement) is hereinafter referred to as the "Closing."
3. 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.
4. 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.
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. County shall pay all fees to record any curative instruments required to clear title, all
Easement recording fees, and any and all costs and/or fees associated with securing
and recording a Release or Subordination of any mortgage, lien or other encumbrance
recorded against the Property.
Agreement
Page 2
7. 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.
8. Conveyance of the Property 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.
9. 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 date and year first above written.
W.ITN. E..... SS.. ES:. =~S;;;
=---:==:-L~<C;:V-
~~
ftlr.....; PA-Ji- t.C~ -TZr
(Print Full Name)
ic~ (JlitlLt tJ ~iccr1l/)
(Signature)
~lr<.j . Hnn<- {. I( cn"S
(Print Full Name)
MARQUESA PLAZA, LLC, a
Florida limited liability company,
formerly known as
Las l6;C
By:
Steven Hovland
Managing Member
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ;), ~~ day of
-YYLal/.,~k. , 2006 by STEVEN HOVLAND, as Managing Member of Marquesa
Plaza, LLC, a Florida limited liability company, formerly known as Las Palmas, LLC, who:
~
is personally known to me
OR
has produced
as proof of identity.
(affix notarial seal)
-~I1-u- (2 k*-L t: .-t.-C~::J
(Signature of Notary Public)
L () '::. " . r-t11f1< L. or f r. h '\
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission # (if an~ DD 431;, 10:'
My Commission Expires: c.. U'--u I. ;;lOC/]
NOTARY PUBUC-STATE OF FLORIDA
~. Lori-Anne L. Irons
. __ "." I"."
" ;/~~~~~~~E Dgl:3~6o~
Bonded Thru Atlantic Bonding Co., Inc.
Agreement
AS TO COUNTY:
DATED: March 23, 2006
Approved as to form and
legal sufficiency:
~fa 11~~
Ellen T. Chadwell
Assistant County Attorney
Page 3
BOARD OF COUNTY COMMISSIONERS
COLLIER COU~~DA
BY: ~/- .~./
Frank Halas, C airman
Item # J (06\9
P.,genda \ \ .. ~ oa
Date ~ (1\V-' I
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P.O.C.
NORTHWEST CORNER OF
SECTION 18, TOWNSHIP 49
SOUTH, RANGE 26 EAST
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SKETCH AND DESC/PTlON
**NOTA SURVEY**
SURVEYORS GENERALNOTES
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R=150.00'
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PINE RIDGE ROAD
LEGAL DESCRIPTION
COMMENCINGAT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST. COLLIER COUNTY, FLORIDA-
THENCE ALONG THE W!:ST LINE OF SECTION 18 S 00'15'53' E FOR 1320.27 FEET;
THENCE LEA VlNG SAID W!:ST LINE N 89"44'07" E FOR 30.00 FEET TO A POINT
ALONG THE EXISTING EASTERN RIGHT-OF-WAY LINE OF LIVINGSTON ROAD;
THENCE ALONG RIGHT -OF-WA Y LINE N 00"15'53' W FOR 602.79 FEET;
THENCE CONTlNUE N 00"15'53' W FOR 142.55 FEET;
THENCE N 89"44'07" E FOR 13.73 FEET;
THENCE N 89"44'44" E FOR 6.27 FEET TO THE POINT OF BEGINNING;
THENCE N 00"15'46' W FOR 474.91 FEET;
THENCE LEAVING SAID EXISTING EASTERN RlGHT-OF-WA Y LINE OF LIVINGSTON
ROAD N44"36'21' E 21.41 FEET TO A POINT ON THE EXISTING SOUTHERN
RIGHT -OF-WA Y LINE OF PINE RIDGE ROAD;
THENCE ALONG SAID EXISTING SOUTHERN RIGHT -OF-WAY LINE N 88"35'25" E FOR
147.96 FEET TO A POINT OF CURVA TURE;
THENCE LEA VlNG SAID EXISTING SOUTHERN RIGHT -OF-WA Y LINE SOUTHWESTERL Y
235.51 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST HA VING
A RADIUS OF 150.00 FEET. THROUGH A CENTRAL ANGLE OF 89"57'25" AND BEING
SUBTENDED BY A CHORD BEARING S 44"36'43' W FOR 212.05 FEET TO A POINT OF
TANGENCY;
THENCE S 00"27'53" E FOR 340.28 FEET;
THENCE S 89"44'44' W FOR 14.46 FEET TO THE POINT OF BEGINNING;
CONTAlN/NG 11388.1 SQUARE FEET MORE OR LESS.
BEARING ARE BASED ON THE WEST LINE OF SECTION 18 SOUTH 00'15'53' EAST.
EXHIBIT /I
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LINE TABLE
LINE BEARING
L.1 N 89'44'07" E
L-2 N 0'15'53' W
L-3 N 89'44'07" E
L-4 N 89'44'44" E S 89'44'44" W
L.5 N 44'36'21' E
L-8 S 89'44'44" W
DIST.
30.00' D.
602.79' D.
13.73' D.
6.27' D.
21.41' D.
14.46' D.
100 0
/-...-........
GRAPHIC SCALE
1 inch =
50 100
r I
(In Feet)
100'
PARAGON LAND SERVICES
28360 OLD US 41, suite 3
Bonita Springs, FL 34135
PH. 239-992-7111
FAX. 239-992-7001
L.B. #7470
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LEGEND
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P.O.C.
NORTHWEST CORNER OF
SECnON 18, TOWNSHIP 49
SOUTH,RANGE 26 EAST
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PINE RIDGE ROAD
LEGAL DESCRIPTION
COMMENCING AT THE NORTHWEST CORNER OF SECnON 18, TOWNSHIP49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA-
THENCE ALONG THE WEST LINE OF SECnON 18 S 00'15'53" E FOR 1320.27 FEET;
THENCE LEAVING SAID WEST LINE N 89"44'07" E FOR 30.00 FEET TO A POINT
ALONG THE EX/SnNG EASTERN RIGHT-DF-WA Y LINE OF LNlNGSTON ROAD;
THENCE ALONG RIGHT-DF-WA Y LINE N 00"15'53' W FOR 602.79 FEET TO THE POINT
OF BEGINNING;
THENCE CONnNUE N 00"15'53' W FOR 142.55 FEET;
THENCE N 89"44'07" E FOR 13.73 FEET;
THENCE S 05"14'08" W FOR 143.21 FEET TO THE POINT OF BEGINING.
CONTAINING 978.4 SQUARE FEET MORE OR LESS.
BEARING ARE BASED ON THE WEST LINE OF SECnON 18 SOUTH 00'15'53' EAST.
EXHIBIT JJ
P~/d/
LINE TABLE
LINE BEARING
L-1 N89'44'07"E
L-2 N 0'15'53" W
L-3 N89'44'07"E
DIST.
30.00'0.
602.79' D.
13.73'0.
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SKETCH AND DESC/PT/ON
**NOTA SURVEY**
100
h
o
-...,
GRAPHIC SCALE
1 inch =
SURVEYORS GENERALNOTF.S
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PARAGON LAND SERVICES
28360 OLD US 41, suite 3
Bonita Springs, FL 34135
PH. 239-992-7111
FAX. 239-992-7004
L.B. #7470
50 100
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(In Feet)
100'
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l1:MNSIIP-tJ1 SOf/l1f, RAMie 26EAST
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