PB Sidewalk Improvements Phase 2 (Folio #26030040001) 1 6 8 1
PROJECT: PB Sidewalk Improvements Phase 2
Parcel No.:26030040001
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into by and between CHATEAUMERE CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit
corporation, (hereinafter referred to as "Grantor"), whose mailing address is Southwest Property
Management, 1044 Castillo Dr., STE 206, Naples, FL 34103, and COLLIER COUNTY (hereinafter referred to
as "Grantee"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112.
WITNESSETH:
WHEREAS, Grantee has requested that Grantor convey to the Grantee a perpetual, non-
exclusive easement for the purpose of constructing, and maintaining, of a sidewalk 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, Grantor desires to convey the Property to Grantee for the stated purposes, on the
terms and conditions set forth herein; and
WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Property to the
Grantee 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 Grantee; 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. Grantor shall convey the Property via a Sidewalk Easement to Grantee at no cost to the
Grantee, unless otherwise stated herein.
2. Prior to Closing, Grantor 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. Grantor shall provide such instruments, properly executed, to Grantee 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 Grantee executes this Agreement; provided; however, that
Grantee 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 Grantee's enjoyment of the Property.
4. Grantor is aware and understands that this Agreement is subject to the acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
1
168 1
5. Grantor 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 Grantee; that the Grantor 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 Grantee, that the
Grantor 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. Grantor shall indemnify, defend, save and hold harmless the Grantee against and from,
and to reimburse the Grantee 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 Grantee by reason or arising out of the breach of Grantor's
representation under Section 5. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. The Grantee 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. Grantee 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 Grantor. The cost of a title
commitment shall be paid by Grantee.
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 Grantor 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 the Grantor holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Grantor 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 Grantee, 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
O
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Donation Agreement 2
168 1
IN WITNESS WHEREOF, the has caused these presents to be executed the date and year first
above written.
DATE ACQUISITION APPROVED BY BCC: d jc 3l02OJo `"-r am A%. 16 6.
AS TO GRANTEE:
DATED: 11 t l J a i
ATTEST:
CRYSTALK. KINZEL, Clerk of the Circuit BOARD F COUNTY COMMISSIONERS
Court and Comptroller COLLIE C Y, FLORIDA
4 LI/1ktkt'.. A's: BY:
1 Depr ' CI �� PENNY LOR, Chair
Atte t as to Chairman s
si9 rod ursoOjf.
AS TO GRANTOR:
CHATEAUMERE CONDOMINIUM
ASSOCIATION INC., a Florida not-for-profit
corporation
Witn •ss(Signature)
Print Name Son j c SQQehen)tr
,,,,ItTy
,—
Witness(Sign t ) Terry Thompson, its Presi ent
/
Print Name: C (e.:00:. ` /7V iA—
Approved as to form and legality:
. CI5)-Ac.,_ g7
0..
Jenni A. Bel edio
Assistant County Attorney �\�`
\Q
0
Donation Agreement 3
168 1
1 \
1 LINE TABLE
LINE BEARING DISTANCE
1 , L1 N 12'34'45'W 183.51' N
L2 N 12'34.45.W 40.65'
1 L3 S 18'23.46"E 9.83'
L4 S 20'27.26"E 8.69'
,
G
1 G` CURVE TABLE
T1+ CURVE RADIUS DELTA ANGLE ARC LENGTH SCALE: 1"=50'
, �' C1 1140.00' 751.52" 156.48'
I P.O.B. S.E. 9a C2 227.47' 703.35. 8.18'
\ f C3 21.00' 40'18'02" 14.77'
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'I CmL CHATEAUMERE,A CONDOMINIUM fJ:NERAI NOTFSL
\ (OR.1018,PG.584-586)
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
, Master Folio#66280040002 2. BEARINGS AND COORDINATES ARE BASED ON THE FLORIDA STATE
PLANE GRID,EAST ZONE,83/90 ADJUSTMENT.
1 3. THE LEGAL DESCRIPTION FOR THE PARCEL IN THIS SKETCH AND
DESCRIPDON IS WRITTEN IN A CLOCKWISE DIRECTION.
,I 4. P.O.C.=POINT OF COMMENCEMENT.
1 P.O.B.=POINT OF BEGINNING.
1 ,,,�OEW.NgC c S.E.=SIDEWALK EASEMENT.
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I =x' ; ATE OF :E,PREPARED FOR THE BENEFIT OF: PELICAN BAY SERVICES DIVISION
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rer' PELICAN BAY SERVICES DIVISION design`
title: EIO:TCR AND DESCRIPTION OP drown:
\ SIDEWALK EASEMENTS 9.&Bb JAN
PART OP CRATEAUMERE.A CONDOMINIUM checked:
(O.R.1016,POS.S64-508) R1/R
COLLIER COUNTY,FLORIDA mod N:
SANCTUARY AT PELICAN HAY, ',/ bk: Pg: dote 12785-SD9
view:
\ ACONDOMINIUM ����,� OoIN;APRI 27,2021 pIIMITS
roject
P.O.C. S.E. 9G GNOLI scale:
\ (O.R.848,PG.502) f7 t"=50' Project#:
SOUTHWEST CORNER B�ARBER & a070022
,\ OF CHATEAUMERE a o caES 0022,CRD heel 9:
,` URUNDAGE, e r 4
c.wo .,Profesilenal..4.Sam u.n',saans,planner.,surveyor!,
a aax a.., landscape architects
LEGAL DESCRIPTION ATTACHEDWOO ieaw.MO „1.<al„,eea, ril g:
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Fags 3 of
■■■■■► 7400 Trail Blvd., Suite 200
■IMF■■■■ GNOLI Naples, FL 34 108
■■■■■h
PH:■i�'�■ (239) 597-3111
■■■■■P ARBER (X .w-ww./ e.BINC.ccNIA
11111111111.11141
:::::::DRUNDAGE) INC.
LEGAL DESCRIPTION SIDEWALK EASEMENT 9a
ALL THAT PART OF CHATEAUMERE,A CONDOMINIUM,AS RECORDED IN OFFICIAL
RECORDS BOOK 1016,PAGES 584-586,COLLIER COUNTY,FLORIDA,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID CHATEAUMERE, SAID CORNER
ALSO BEING THE NORTHWEST CORNER OF SANCTUARY AT PELICAN BAY,A
CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 946,PAGE 502,COLLIER
COUNTY,FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD;
THENCE ALONG THE WEST BOUNDARY OF SAID CHATEAUMERE AND SAID EAST RIGHT-
OF-WAY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS N 69°33'23"
E AND HAVING A RADIUS OF 1140.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°51'52"AN
ARC DISTANCE OF 156.48 FEET;
THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N
12°34'45" W A DISTANCE OF 183.51 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN BEING DESCRIBED;
THENCE CONTINUING ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N
12°34'45" W A DISTANCE OF 40.65 FEET;
THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 18°23'46" E A
DISTANCE OF 9.83 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
EASTERLY WHOSE RADIUS POINT BEARS N 72°12'37"E AND HAVING A RADIUS OF 227.47
FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°03'35"AN
ARC DISTANCE OF 8.18 FEET;
THENCE S 20°27'26"E A DISTANCE OF 8.69 FEET;TO THE BEGINNING OF A CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 21.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°18'02"AN
ARC DISTANCE OF 14.77 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND
SAID EAST RIGHT-OF-WAY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED.
CONTAINING A TOTAL AREA OF APPROXIMATELY 72 SQUARE FEET.
REFERENCE ABB DRAWING#12735-SD8
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Pa 4 oL
.....r 7400 Trod Blvd., Suite 200
""" G10LI Naples, FL 34108
111111111111firl
■UINII Q, PH: (239) 597-311 1
•IUIIP ARBER CX, www.ABBIN(.cOm
MELIPBRUNDAGE, iNC.
LEGAL DESCRIPTION SIDEWALK EASEMENT 9b
ALL THAT PART OF CHATEAUMERE,A CONDOMINIUM,AS RECORDED IN OFFICIAL
RECORDS BOOK 1016,PAGES 584-586,COLLIER COUNTY,FLORIDA,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID CHATEAUMERE, SAID CORNER ALSO
BEING A SOUTHWEST CORNER OF PARCEL"M",PELICAN BAY UNIT TWO,AS RECORDED
IN PLAT BOOK 12,PAGES 74-79,COLLIER COUNTY,FLORIDA AND THE EAST RIGHT-OF-
WAY OF PELICAN BAY BOULEVARD;
THENCE ALONG THE NORTH BOUNDARY OF SAID CHATEAUMERE AND THE SOUTH
BOUNDARY OF SAID PARCEL"M" S 74°48'56"E A DISTANCE OF 2.77 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY WHOSE RADIUS POINT
BEARS N 78°38'20" W AND HAVING A RADIUS OF 76.00 FEET;
THENCE LEAVING SAID BOUNDARIES ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 07°06'55"AN ARC DISTANCE OF 9.44 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 93.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°35'39"AN
ARC DISTANCE OF 7.46 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 93.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°30'03"AN
ARC DISTANCE OF 17.04 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 93.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°27'14"AN
ARC DISTANCE OF 15.35 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 101.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°24'37"AN
ARC DISTANCE OF 43.03 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE
EASTERLY AND HAVING A RADIUS OF 93.00 FEET;
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°11'57"AN
ARC DISTANCE OF 23.05 FEET;
THENCE N 86°14'14"W A DISTANCE OF 1.00 FEET TO AN INTERSECTION WITH THE WEST
BOUNDARY OF SAID CHATEAUMERE, SAID EAST RIGHT-OF-WAY AND THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S
85°51'44"E AND HAVING A RADIUS OF 1140.00 FEET;
THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°46'49"AN ARC DISTANCE OF
115.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING A TOTAL AREA OF APPROXIMATELY 341 SQUARE FEET.
REFERENCE ABB DRAWING#12735-SD8
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