Folio 68390002420
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL~j~
TO ACCOMPANY ALL ORIGINAL DOCUlVIENTS SENT TO
THE BOARD OF COUNTY COMl\1ISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has talcen action on the item.)
ROUTING SLIP
Complete routing lines #1 tbrough #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
ex tion of the {"'!,,,,",,,,n's si , draw a line tbrou routin lines #1 tbrou #4. co lete the checklist. and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in mutin order)
1.
~ .
JL
2.
3.
4.
Sue Filson, Executive Manager
Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who =tedlprepared the executive
summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to c.oncact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
6. Minutes add Records
Clerk of Court's Office
114 . fS! d-d-
1(PC-1
ont!-
Yes
(Initial)
NI A (Noe
A licable)
'-'"
Phone Number
Agenda Ieem Number
Number of Original
Documents Attached
..
1: Forms! eounty Forms! Bce Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
)/
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI An in the Not Applicable column, whichever is
a ro nate.
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.
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
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Cha.i:npan's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BeC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Conn Attorne'5 Office bas reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
" " r 1:.'.
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MEMORANDUM
Date:
October 25, 2006
To:
Marlene McLaughlin, Property Acquisition Specialist
Real Estate Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Donation Agreement
Attached please find a copy of a Donation Agreement (Agenda Item #16Cl),
as referenced above and approved by the Board of County Commissioners on
Tuesday, October 24, 2006.
The Minutes and Records Department has retained the original document for
the public record.
If you should have any questions, please call me at
774-8411
Thank you.
Attachment (1)
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PROJECT: Preserve at the Shores at Berkshire Lakes
FOLIO: 68390002420
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between THE PRESERVE AT THE SHORES AT BERKSHIRE
lAKES CONDOMINIUM ASSOCIATION, INC., a Florida Non Profit Corporation,
(hereinafter referred to as "Owner"), whose mailing address is 7845 Berkshire Pines Drive,
Naples, Florida 34104, 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 "CCWSD"), whose mailing address is 3301 Tamiami
Trail East, Naples, Florida 34112.
WITNESSETH:
WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual,
non-exclusive access easement 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 for the purpose of operating and maintaining utility facilities
adjacent thereto; and
WHEREAS, Owner desires to convey the Property to CCWSD 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 CCWSD 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
CCWSD; 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 Utility Easement to CCWSD at no cost to
the CCWSD, 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. Closing shall occur within sixty (60) days from the date CCWSD executes this
Agreement; provided; however, that CCWSD 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 CCWSD enjoyment of the Property.
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 CCWSD; 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
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be conveyed to CCWSD, 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. CCWSD 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.
All other costs associated with this transaction including but not limited to transfer,
documentary and intangible taxes shall be borne and paid by CCWSD. The cost of the title
commitment shall be paid by CCWSD.
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 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.
9. CCWSD shall cure Collier County Code Enforcement Case Number 2004030401 by
the implementation of a staff approved preserve management and restoration plan. The cost
of the ecological services for the exchange of the proposed 653.05 square foot access
easement area (more or less) will be borne by CCWSD. The Preserve at the Shores at
Berkshire Lakes Condominium Association, Inc. ("Association") reserves the right to conduct
the planting of the required shrubs and grasses as per an approved preserve management
and restoration plan. If the Association does not so elect within sixty (60) days of the
CCWSD's request to do so, CCWSD or its agents or contractors may enter upon the
Association land for implementation of the restoration plan. Future maintenance of the
preserve area remains the Association's responsibility.
10. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
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IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: ~~""I C/U:Jt>J.
AS TO CCWSD:
DATED: o,:.:p"~....,, ~
. 1. .
Attest as to ~ I. ,
".tIn 01'"
puty Clerk
I
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY w~~ DISTRICT
BY: ~ -e-~
Frank Halas, Chairman ",..,..."....,...,.
..."....
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ATTEST:
to; "j ~ r, r
AS TO OWNER:
WITNESSES:
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Witness (Signatur
Name: [;,e;JC5; T G,flf~
Print or Type)
The Preserve at the Shores at
Berkshire Lakes Condominium
Association, Inc., a Florida Non
Profit Corporation
Name: :;;:J~IIII-13A>u.AJ,A.)O- P
(Print or Type)
/
By:/'
Harvey Ro nthal, President
7845 Berkshire Pines Drive
Naples, Florida 34104
Approved as to form and
legal sufficiency:
ILL h.1( L ../~~
Allen T. Chadwell
Assistant County Attorney
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EXHIBIT A
Page f of I
LOT 39
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SCALE: 1"=10'
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P.O.B.
20'
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(1010
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TRACT P1
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N89'52'59" E 30.00'
COUNTY UTILITY EASEMENT
TRACT P1
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/ ~
// TRACT A ~~
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DELTA
20'21'14"
CHORD BRG.
S 19'46'31" E
LEGAL. DESCRIP11ON:
A PORTION OF TRACT P-1 AS SHOWN ON THE PLAT OF THE PRESERVES
AT THE SHORES AT BERKSHIRE LAKES AS RECORDED IN PLAT BOOK 30,
PAGES 96 THROUGH 98 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING' AT THE SOUTHWEST CORNER OF TRACT P-l OF THE
PRESERVES AT THE SHORES AT BERKSHIRE LAKES, AS RECORDED IN
PLAT BOOK .30, PAGES 96 THROUGH 98 OF THE PUBLIC RECORDS OF
COLLIER COUNTY; THENCE N.89'52'59"E., A DISTANCE OF 30.00 FEET TO
THE EASTERLY LINE OF THE COUNTY UTILITY EASEMENT SHOWN ON SAID
PLAT; THENCE N.OO'OT01"W., ALONG SAID EASTERLY LINE A DISTANCE OF
16.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
N.00'OT01"W., ALONG SAID LINE, A DISTANCE OF 1.3.60 FEET; THENCE
S.89'S2'S9"W. ALONG THE NORTHERLY LINE OF SAID COUNTY UTILITY
EASEMENT, A DISTANCE OF 7.04 FEET; THENCE N.50'50'07" E., A
DISTANCE OF 48.32 FEET TO ITS INTERSECTION WITH THE
SOUTHWESTERLY LINE OF TRACT A AS SHOWN ON SAID PLAT OF THE
PRESERVE AT THE SHORES AT BERKSHIRE LAKES, SAID POINT BEING THE
POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH
THE RADIUS POINT LIES S.80'24'06"W., A RADIAL DISTANCE OF 45.00
FEET AND HAVING A CHORD BEARING OF S.19'46'31"E., 15.90 FEET;
THENCE SOUTHERLY ALONG THE ARC, AND ALONG THE WESTERLY LINE
OF' TRACT A, THROUGH A CENTRAL ANGLE OF 20'21'14", A DISTANCE OF
15.99 FEET; THENCE S.50'SO'07"W., A DISTANCE OF 46.14 FEET TO THE
POINT OF BEGINNING.
CONTAINING 6S3.0S SQUARE FEET OR 0.0150 ACRES, MORE OR LESS.
LINE
Ll
BEARING
S89'S2'59"W
NOTES:
1. BASIS OF BEARING IS SOUTH LOT LINE OF
TRACT P-l OF THE RESERVES AT THE
SHORES AT BERKSHIRE LAKES, PHASE ONE
BEING N89'52'59" E.
2. THIS PROPERTY IS SUBJECT TO ANY FACTS
THAT MAY BE REVEALED WITH A FULL AND
ACCURATE TITLE SEARCH.
3. ALL DIMENSIONS ARE IN FEET AND
DECIMALS THEREOF, UNLESS OTHERWISE
NOTED.
LEGEND
P.O.B. POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
FOR THE EXCLUSIVE USE OF:
COLLIER COUNTY WASTE WATER MANAGEMENT
, P.S. . (FOR THE FIRM)
FLA. L1C. NO. 5834
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
This is NOT a Survey.
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