August Woods Condominium Donation Agreement Memorandum
TO: Minutes & Records Management
FROM: Sonja Stephenson, Real Property Management
DATE: June 21, 2022
RE: Augusta Woods
This item is being accepted by the BCC under Resolution 2010-39 which was approved on
February 23, 2010, Agenda Item 16B1.
Please attest to Commissioner McDaniel's signature as Chair on the Donation Agreement.
Once attested, please forward a copy of the Donation Agreement, by email, for my files.
Please contact me if you have any questions or comments at Extension 8073.
Thank you.
PROJECT: MPS 302
Augusta Woods Condominium
Utility Easement & Temporary Construction Easement
DONATION AGREEMENT
HIS DONATION AGREEMENT (hereinafter referred to as the "Agreement') is made and entered into by
ana between AUGUSTA WOODS CONDOMINIUM ASSOCIATION. INC., a Florida not-for-profit
corporation. (hereinafter referred to as "Grantor"). whose mailing address is C/O Anchor Associates. 2340
Stanford Court. Naples, FL 34112, 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 utility purposes, over. under. upon and across the lands described in Exhibit"A". which is attached
hereto and made a part of this Agreement;
WHEREAS. Grantee has requested that Grantor convey to the Grantee a Temporary Construction
Easement over. under. upon and across the lands described in Exhibit "B". which is attached hereto and made a
part of this Agreement. for temporary construction of utilities facilities and storage.
WHEREAS. Grantor desires to convey the Easement and Temporary Construction Easement (hereinafter
collectively referred to as "Property") to Grantee for the stated purposes. on the terms and conditions set forth
herein: and
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
tor me stated purposes. on the terms and conditions set torth herein. said terms including that no compensation
snail 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 Utility Easement and Temporary Construction Easement to
Grantee at no cost to the Grantee. unless otherwise stated herein
2. Prior to Giosing. Grantor shall obtain trom 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 ninety (90) 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
The Grantee shall oay 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
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
-espective heirs. executors. personal representatives. successors. successor trustees. and/or assignees.
,vnenever me context so requires or admits
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
8 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
oeneficial 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
•egistered 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.)
9. This Agreement is governed and construed in accordance with the laws of the State of Florida
IN WITNESS WHEREOF, the has caused these presents to be executed the date and year first above
written
DATE ACQUISITION APPROVED BY BCC on 2-23-2010. Item 16B1. Resolution 2010-39
AS TO GRANTEE.
DATED k ZZ
ATTE TC ( ,
CR'+t TAC K'.K02EL. Clerk of the Circuit BOARD OF COU '• • TONERS
Ceii&Y' nsirComptroller''� COLLIER COUN ORIDA
$k°
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BY: . . _
.A-p 0 lerk Willia L. McDaniel Jr.. Chairman
4e,staS'to
SianatUre only.
Donation Agreement o
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AS TO GRANTOR:
AUGUSTA WOODS CONDOMINIUM
ASSOCIATION, INC., a Florida not-for-profit
core n
ness( ignature) Mitchell M. erger, its President
Print Name: VeV k n {v J
1, Q. D. t C ',
Witness Sig ature)
Print Name: /Jq,ics,J p, �`'TC' ) Gt.'1 C'
1
App e s tgfor and I gality:
o„q l'f SO 44J r
A sistant County A orney A
Donation Agreement 3 �\ \ O
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COASTAL Coastal and Marine Engineering
ENGINEERING Environmental and Geological Services
CONSULTANTS Land and Marine Survey and Mapping
Website: www.coastalengineering.com
INC.
COLLIER COUNTY FORCE MAIN PROJECT E ��iI r
PROPOSED COUNTY UTILITY EASEMENT Pant-----.-of
LEGAL DESCRIPTION
.3, 15 (FIFTEEN) FOOT WIDE STRIP OF LAND LYING IN THAT PART OF AUGUSTA WOODS, A
CONDOMINIUM RECORDED IN O.R. BOOK 939, PAGE 1082 OF THE PUBLIC RECORDS OF COLLIER
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNIING AT THE NORTHEAST CORNER OF SAID AUGUSTA WOODS CONDOMINIUM, RUN
N89°24'30"W ALONG THE NORTHERLY LINE OF SAID CONDOMINIUM AND THE SOUTH RIGHT-OF-
WAY LINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) FOR A DISTANCE OF 61.32 FEET;
THENCE LEAVING SAID LINE SOO°35'30"W FOR A DISTANCE OF 17.50 FEET TO THE POINT OF
BEGINNING;
THENCE S89°24'30"E FOR A DISTANCE OF 21.19 FEET;
THENCE 544°20'36"E FOR A DISTANCE OF 56.92 FEET;
THENCE SOO°31'26"W FOR A DISTANCE OF 21.26 FEET;
THENCE N44°20'36"W FOR A DISTANCE OF 86.96 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBES APPROXIMATELY 1,079 SQUARE FEET OR 0.02 ACRES OF LAND.
28421 Bonita Crossings Blvd.,Bonita Springs,FL 34135 1211 North Range Ave.,Suite E,Denham Springs,LA 70726
Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403
E-mail:info@cecifl.com
SERVING COASTAL COMMUNITIES SINCE 1977
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COASTAL Coastal and Marine Engineering
ENGINEERING Environmental and Geological Services
pp, CONSULTANTS Land and Marine Survey and Mapping
Website: www.coastalengineering.com
INC.
COLLIER COUNTY FORCE MAIN PROJECT EX marr
PROPOSED TEMPORARY CONSTRUCTION EASEMENT PaRie--l-.....fxt_.�.,.,,,,,_,
LEGAL DESCRIPTION
a PARCEL OF LAND LYING IN THAT PART OF AUGUSTA WOODS, A CONDOMINIUM RECORDED IN
J.R. BOOK 939, PAGE 1082 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNIING AT THE NORTHEAST CORNER OF SAID AUGUSTA WOODS CONDOMINIUM, RUN
N89°24'30"W ALONG THE NORTHERLY LINE OF SAID CONDOMINIUM AND THE SOUTH RIGHT-OF-
LINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) FOR A DISTANCE OF 61.32 FEET;
THENCE LEAVING SAID LINE S00°35'30"W FOR A DISTANCE OF 17.50 FEET TO THE POINT OF
BEGINNING:
THENCE S44°20'36"E FOR A DISTANCE OF 12.71 FEET;
THENCE N89°24'30"W, A DISTANCE OF 134.24 FEET;
THENCE SOO°03'38"E, A DISTANCE OF 72.99 FEET;
THENCE S50°12'08"W, A DISTANCE OF 62.42 FEET;
THENCE N00°03'38"W, A DISTANCE OF 122.44 FEET;
THENCE 589°24'30"E, A DISTANCE OF 173.37 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBES APPROXIMATELY 6,074 SQUARE FEET OR 0.14 ACRES OF LAND.
28421 Bonita Crossings Blvd.,Bonita Springs,FL 34135 1211 North Range Ave.,Suite E,Denham Springs,LA 70726
Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403
E-mail:info(ce cecifl.com
SERVING COASTAL COMMUNITIES SINCE 1977
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