Bus Stop #279 - Easement INSTR 5922717 OR 5815 PG 1488
RECORDED 9/14/2020 2:43 PM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
PROJECT: CAT ADA EASEMENT DOC@.70$0.70 REC $27.00
ADDRESS: No site address CONS $10 00
FOLIO No: 37280040002
BUS STOP #: 279
EASEMENT
THIS EASEMENT, made and entered into this L`' day of A iS i
2020, by 23 GOLDEN GATE AND WILLIAMS, LLC, a Florida limited liability company,
whose mailing address is 900 SW Pine Island Road, #202, Cape Coral, FL 33991, as
Grantor to COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, 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:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual,
non-exclusive, unobstructed easement, license, and privilege to construct, operate,
maintain, repair and replace, both above and below the surface of the ground, paving and
facilities associated with a bus stop and shelter, on the following described lands located
in Collier County. Florida, to wit:
See attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS PROPERTY IS NOT GRANTOR'S HOMESTEAD
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of constructing,
operating and maintaining paving and bus stop facilities thereon. Grantor and Grantee
are used for singular or plural, as the context requires. The easement granted herein
shall constitute an easement running with the land and shall burden the lands described
above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
THIS CONVEYANCE APPROVED BY THE
BOARD OF COUNTY COMMISSIONERS,
COWER COUNTY.FLORIDA,
PURSUANT TO THE PRO
OF RESOLUTION NO. )A 1O-,3
WITNESSES: 23 Golden Gate and Williams,
LLC, a lorida limited liability
cornpa
,,,,C----:>-5-------.
----Ti ss#1 (Si ature) . an C ighton, Manager
(Witness #1 ( rint Name)
��� ^J
Wit ess#2 ignature)
Sostrz, 146r7)
Witness #2 (Print Name)
STATE OF FL-
COUNTY OF 1-S_12
The foregoing Easement was acknowledged be .re me by means of K physical
presence or ❑ online notarization thi day of 4. , • , 2020 by M. Dan Creighton,
as Manager of 23 Golden Gate and Williams, LLC, a FI. ..a limited liability company, who
is personally known to me or who has produced as identification.
Witness my hand and official seal hike4., day of 4 . ,, , 2020.
a
(affix notarial seal) 4 -%•�1 P 14
Pn /reofNotafrublc)
di L. &_ I I/ J.. w!
,,�.��r,,,,, KIMBERLY A I4AUSER I (Print Name)
. /, ' Notery Public-State of Florida
*."" *� Commission# GG 300981 NOTARY PUBLIC
9' •'i %, My Commission Expires
°"'111114' May 07, 2023 Serial/Commission #: , /r
aPouremourimmismompipioninupwswoo My commission expires: M ,,la 3
Approved as to form and legality:
Jenne r A. Belpedio, 'r�
Assistant County Attorney (41 3\ 2O' D
2)
Ki EAST RIGHT OF WAY
EXHiSrr LINE OF WILSON BLVD
V L2 N: 690226.07
e Page I �f WILSON BLVD E: 457330.61
(100' WIDE) M
J J 23 GOLDEN GATE
& WILLIAMS LLC
PARCEL NO. 37280040002
0 7.5 15 30 __.
I P.O.B.
n L4
(INTENDED DISPLAY SCALE: 1"-30') N: 690201.53
E: 457326.07
LINE TABLE
LINE BEARING DISTANCE
Li , N00'36'07"W 24.50'
L2 N89'32'06"E I 4.80' '1
J I
L3 S00'27'54"E 24.50' � 1
L4 S89'32'06"W 1 4.74' Nam, I
1
i SW CORNER t� 11
OF SECTION 4 SOUTH LINE C j I
OF SECTION 4 N,
4 3
- - - N87'29S5."4V - - 9 10
1 (BEARING BASIS)
P.O.C.
SE CORNER
'OF SECTION 4
E
a
N
- DESCRIPTION
A PARCEL OF LAND LEGEND:
LYING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, P.O.C. = POINT OF COMMENCEMENT
COLLIER COUNTY, FLORIDA P.O.B. = POINT OF BEGINNING
,;, N: = NORTHING (FEET)
g A PARCEL OF LAND FOR EASEMENT PURPOSES LYING IN SECTION 3, E: = EASTING (FEET)
TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING
• MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 49
g SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE,
N17'09'27"E, A DISTANCE OF 1,425.12 FEET; TO AN INTERSECTION WITH NOT A SURVEY
'▪ THE EAST RIGHT OF WAY LINE OF WILSON BOULEVARD, AND THE POINT
2 OF BEGINNING; THENCE N00'36'07"W, ALONG SAID EAST LINE, A DISTANCE I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
OF 24.50 FEET; THENCE N89'32'06"E, DEPARTING SAID EAST LINE, A AND BELIEF, THAT THE LEGAL DESCRIPTION AND
F, DISTANCE OF 4.80 FEET, THENCE SOO'27'54"E, A DISTANCE OF 24.50 ATTACHED SKETCH WERE PREPARED tN ACCORDANCE
iFEET; THENCE S89'32'06"W, A DISTANCE OF 4.74 FEET TO THE POINT OF WITH THE APPLICABLE PROVISIONS OF CHAPTER
BEGINNING. 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
✓ TO CHAPTER 472, FLORIDA STATUTES:
a
f NOTES:
1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE USED V- -• i
e AS ONE. KEVIN M. RISCASSI (FOR THE FIRM L.B. 642)
O 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN FEET PROFESSIONAL-SURVEYOR AND MAPPER
1 AND ARE PROJECTED ONTO THE FLORIDA STATE PLANE COORDINATE FLORIDA CERTIFICATE NO. 6433
I SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83),
2011 ADJUSTMENT. h,1.R
DATE SIGNED: - 9, !l' '� 'S,,ryryn
• 3. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OFFrL
SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
N FLORIDA, BEING NO1'49'22"W. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
61 4. PARCEL CONTAINS 38.13 SQUARE FEET, MORE OR LESS. AND MAPPER.
JOHNSON ENGINEERING. INC.
laniaggE 2122 JOHNSON STREET
P.O. BOX 1550 STOP ID:279
FORT MYERS, FLORIDAFLORI 33902-1550 SKETCH AND DESCRIPTION
PHONE: (239) 334-0046
ENGINEERING E.B. #6429k3LB. #642 DATE C. 2019 20 7�"-016 Fla-°49.27 �1`-- 30' SHEET
OF 1
PROJECT: CAT ADA EASEMENT
ADDRESS: No site address
FOLIO No: 37280040002
BUS STOP #: 279
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between 23 GOLDEN GATE AND WILLIAMS, LLC, a Florida limited
liability company, (hereinafter referred to as "Owner"), whose mailing address is 900 SW Pine
Island Road, #202, Cape Coral, FL 33991, and COLLIER COUNTY, a political subdivision of
the State of Florida, (hereinafter referred to as "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 easement for the purpose of constructing, operating, maintaining repairing and
replacing paving and facilities associated with a bus stop and shelter over, under, upon and
across the lands described in Exhibit "A" hereinafter referred to as the "Property"), which is
attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Property to County 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 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;
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 an Easement to County at no cost to the County,
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. 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
0
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.
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 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 the 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 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.
0
10. If the 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 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 Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: G (L (occ O
AS TO COUNTY: j'�
DATED: p/b-dv
ATTEST: , BOARD 0 COUNTY COMMISSIONERS
Crystal K.4<inzel, Clerk - , COLLI OUNTY FLO A
Bkliy:
`� "' Burt L. Saunders, Chairman
signature ont11;
AS TO OWNER: _
23 Golden ate and Williams, LLC,
WITNESSES: a Florida Ii ited liability company
By• r
s ignature) . an ighton, Manager
Name: aw ,s,stio49.
rint)
Witne s (Signature)
Name: S051)1') N fiv
(Print)
Approved as to form and legality:
Jener A. Belpedio p \3
Assistant County Atto ey
3
N
EAST RIGHT OF WAY
EXIIIB ...L......
LINE OF WILSON BLVD
•
'age_l_. '1 L2
_ N: 690226.07
WILSON BLVD E: 457330.61
ow. WIDE)
J
23 GOLDEN GATE
& WILLIAMS LLC
0 7.5 15 30 n PARCEL NO. 37280040002
(INTENDED DISPLAY .1'SCALE: -30') r'0.B' -
N: 690201.53 L4
E: 457326.07
LINE TABLE
LINE BEARING DISTANCE
L1 NO0'36'07"W 24.50' `
L2 N89'32'06"E 4.80' 1
Z I
L3 S00'27'54"E 24.50' -'.
1
L4 589'32'06"W 4.74' ,S
I
1
SW CORNER 1
OF SECTION 4 SOUTH LINE 1
/ I
OF SECTION 4 N
- - - - - N87'29'S5"W - - 4 3
I (BEARING BASIS) 9 10
P.O.C.
SE CORNER
'OF SECTION 4
E
0
it;
b
DESCRIPTION
A PARCEL OF LAND LEGEND:
LYING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, P.O.C. = POINT OF COMMENCEMENT
COLLIER COUNTY, FLORIDA P.O.B. = POINT OF BEGINNING
g A PARCEL OF LAND FOR EASEMENT PURPOSES LYING IN SECTION 3, E: = NORTHING (FEET)
TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING = FASTING (FEET)
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
g. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 49
N SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE,
N17'09'27"E, A DISTANCE OF 1,425.12 FEET; TO AN INTERSECTION WITH
' THE EAST RIGHT OF WAY LINE OF WILSON BOULEVARD, AND THE POINT NOT A SURVEY
2 OF BEGINNING; THENCE N00'36'07"W, ALONG SAID EAST LINE, A DISTANCE
OF 24.50 FEET; THENCE N89'32'O6"E, DEPARTING SAID EAST LINE, A I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
A
ch
gi DISTANCE OF 4.80 FEET, THENCE SO0'27'54"E, A DISTANCE OF 24.50 ATTACHED
C QELIES THAH ERE T THE LEGAL DEED SCRIPTION ACCORD
AND
1 FEET; THENCE S89'32'06"W, A DISTANCE OF 4.74 FEET TO THE POINT OF WITH THE APPLICABLE PROVISIONS OF CHAPTER
BEGINNING. 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
a TO CHAPTER 472, FLORIDA STATUTES:
NOTES: \r n
1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE USED F^- _
e AS ONE. _
0 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN FEET KEVIN M. RISCASSI (FOR THE FIRM LB. 642) .�
AND ARE PROJECTED ONTO THE FLORIDA STATE PLANE COORDINATE PROFESSIONALIDAETI SURVEYOR 6433AND MAPPER
01 SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83), FLORIDA CERTIFICATE NO.
(":3"
2011 ADJUSTMENT.
N 3. BEARINGS SHOWN HEREON ARE BASED ON THE EAST UNE OF DATE SIGNED: .,,�4° _
I SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY,
N FLORIDA, BEING N01'49'22"W. NOT VALID WITHOUT THE SIGNATUF.E AND ORIGINAL
0 4. PARCEL CONTAINS 38.13 SQUARE FEET, MORE OR LESS. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
MINE921 JOHNSON ENGINEERING, INC.
SIRE
2122 JOHNSON STREETP.O. BOX 550
SKETCH AND DESCRIPTION
FORT MYERS FLORIDA STOP ID:279
PHONE: (239) 334-0046
ENGINEERING E.B. #6424&3 LB. #642 D DEC. 2019 12017E000N0016 IFl04-49-27 J 1 30' JSFIEET OF