P.S. 308.06 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing,lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney's Office County Attorney
Attn: Sally A. Ashkar �� I `�I
2. BCC Office Board of County
Commissioners a 4 fl ' sl 3/41 Z
3. Minutes and Records Clerk of Court's Office
ail
*NOTE TO MINUTES AND RECORDS: R 27:11( akt
Please return an electronic copy of documents to Jeremiah.Westerfield@colliercountyfl.gov
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeremiah Westerfield/Real Property— Phone Number 239-252-8917
Contact/Department Facilities Management
Agenda Date Item was Approved by Resolution 2010-39 Agenda Item Number 16B1
Approved by the BCC Adopted on 02/23/2010
Type of Document Donation Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? Stamp OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
`t) provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. 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 JW
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JW
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JW
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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 your deadlines!
8. The document was approved by the BCC on above date,and all changes made during JW ij
the meeting have been incorporated in the attached document. The County an opt
Attorney's Office has reviewed the changes,if applicable. 4 , 1i
9. Initials of attorney verifying that the attached document is the version approved by the 14i
BCC,all changes directed by the BCC have been made,and the document is ready for the t
t:
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16B 1
PROJECT- PS RESILIENCY EASEMENTS-318
PUMP STATION' 308.06
Folio No. 61833600001
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between LOAL PROPERTIES, LLC, a Florida limited liability
company, (hereinafter referred to as "Owner"), whose mailing address is 750 11th St. S. #202,
Naples, FL 34102-6719 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 "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, and repairing a
pump station and related facilities 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 a Utility 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.
�,PO
161 1
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
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 riot 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,
Ocj's
16B 1
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 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: 3/204
I,/
AS TO COUNTY:
DATED: 3/26/2,4
totoilituite
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE -c.
CRYSTAL K. KINZEL, Clerk GOVERNING BODY OF COLLIER COUNTY "
••,.' , AND AS EX-OFFICIO THE" GOVERNING .'L.
°, '•. BOARD OF THE COLLIER COUNTY --S
/AAA 1. up WATER-SEWER DISTRICT -..`'
Attest as to C ;,it , '-
signature only'
BY:
- ' ` Chn all, Chairman
GPO
16B 1
AS TO OWNER: LOAL PROPERTIES, LLC, a Florida limited liability company
i
fitness (Si nature)
CAMS A"Erm
Name (Print or Type)e)V Heath Eskalyo, Authorized Member
ei
itness7
(Signature)
6>amei'u 4. ,q//)1L
Name (Print or Type)
Approved to form and legality:
ally A. kar
ssist C unty ttorney ,
1��1.12�j
67-0)
16B 1
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t,!Q°
Martha S. Vergara
From: Sonja Stephenson <Sonja.Stephenson@colliercountyfl.gov>
Sent: Wednesday, May 8, 2024 3:28 PM
To: Martha S. Vergara
Subject: Donation Agreement for LOAL
Attachments: 308.06 PS Donation Agreement.pdf, Corrective Utility Easement.pdf
Hello Martha,
I hope all is well. Could you please add the corrective utility easement to the folder?
Thank you so much.
Sonja
Sonja Stephenson , Real Property Management Section
Property Management Specialist
Facilities Management
Office:239-252-8073
3335 Tamiami Trail East, Suite 102
Naples, Florida 34112
Son ma. Stephenson Co)colIiercountyfl.gov
Take our Facilities Management Survey!
Use a mobile device to scan the QR code below or click here.
J &I
Collier Count,
11880MLVI
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
PROJECT: PS RESILIENCY EASEMET{TS -318
PUMP STATION: 308.05Foriotlo: 61833500001
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THIS IS A CORRECTIVE UTILIW-EASEMENT MADE TO CORRECT THE LEGAL DESCRIPTION PREVIOUSLY
RECORDED UTILITY EASEMENT IN O.R. BOOK 6345, PG 1636-1638, OF COLLIER COUNTY, FLORIDA,
wHlcH HAD AN INCORRECT LEGAL DESCRIPTION ATTACHED A)EXHlBlT "A".
UTILIry EASEMENT t/,z
L'/AlL
, a Florida lim
lS UTILITY EASEMENT, made and entered into this day of
.2024, by LOAL PROPERTIES, LLC, a Florida limited liability company
liability company, whose mailing address is 10360 W ST RD 84, FORT
LAUDERDALE, FL 33324, as Grantor, to the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNry, FLORIDA, AS THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX.oFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SAIER DISTRICT, whose mailing address is 3335 Tamiami Trail
East, Suite 101 , Naples, FL 34112, its successors and assigns, as Grantee.
(Whacvrr u!6d ha6in lha blna lcrrntoa md 'Gnnlar' includr alllh. p.ni6 b thit rnatrumait and lhair r.sp.diva h.rfl.
l€g.l reprelcntrtlr8, tlEcallol! or asaign! )
WITNESSETH
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, granls, bargains and sells unto the Grantee, its
successors and assigns, a perpotual, non-exclusive easement, license, and privilege for
utility, access and maintenance purposes, on the following described lands located in
Collier County, Florida, to wit:
See attached Exhibit "A' which is incorporated herein by reference.
Subjecl to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enler upon said land, excavate, and place or remove materials including, but not limited
to, utility lines and pipes, and other equipment or improvements appurtenant thereto..or
thereunler for the purpose of conslructing, operating, maintaining, and accessing utility
facilities thereon, Grantor and Grantee are used for singular or plural, es the context
requires. The easements granted hereln shall constitute easements running with the land
and shall burden the lands described above.
e,
lN WTNESS WHEREOF, the Grantor has caused these presents lo be executed
the date and year flrst above wrinen.
LOAL PROPERTIES, LLC, a Florida limited
liability company
fus
Name (Print or Type)
(s BY Y /xE/ _.--
P.r,rtt/^- Fleath Eskalyo, Autlbiized Member
Name (Print or Type)
STATE OF
COUNW OF
The foregoing Utility Ease
or ! online notarization
ment was acknowled
this ! (St-day
ged oy ,"an. olA$-nysicat presence
)rrenatu
re me
of 2024 by Heath Eskalyo,
Authorized Member. on behalf of LOAL PROPERTI , LLC. a Florida limited liability company.
Such person(s) Notary Public must check applicable box:
,Xrr" Personally known to me.
I produced her cunenl driver license.
(Notary Seal)
h
as to form and legality:
as identification
Notary Public
Printed Name of Notary:
Commission Number:
My Commission Expires fur- A24-t-
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Sall
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CommiSrion
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,r\er\202r@r\,0-,r-202, lt tu'aE.nf . I- 202rn, Dh@t ,r:Lo E Wt V @n F
LINE BEARING DISTANCE
L1 N 8936'26' E 20.00'a N OO39'21' W 20.00'
L3 N 8956'26' E 9.OO'
L4 s oo39'21' E 22.OO'
L5 N 8936'26' E 29.00'
L6 N OO59'21' W 2.O0'
EXH IBIT
N
I
3:
A
to'
1 - '10'
TERRACE AVENUE
(60' R|GHT-OF-WAY)
30.00'
N89'36'26"E
leesrs or ereRrr'tc;
L3 S. RIGHT_OF-IYAY UNE
20'x20' ITIUTY
EAST}'EI'II
(o.R. 1377, Pe. 2277)
5 f,
POB
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UNUIY ESMI
(o.R. t,n, PG. 22n)
PARCEL NO_ 61833600001
(0R 4J,+4, PG 614)
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L5
PARCEL N0. 61$3€0001
(o.R. 4808, PG. 8)
*NOT A SURVEY*
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10/2023 SKETCH & DESCRIPTION
PUMP STATION 30806 EASEMENT
950 Encor. Woy
Nopl.r, FL 54llo
Phon.: (259) 254-2000
Florldo C.rllflcoL of
Authorl2otlon No. r 772
xmG tr.
H-2a79
,I
$iEr 0f 9rrl
2
motEI tio.
2()21-OOt
sEc-TIlre
2-50S-25E
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l'!,,2t!J,a,6l\tFt-rD It ali\Enr .D xr.@rd, rolufrt ,*0 ! tud Dr ,a'',/t!9-
EXHIBIT AF!F-A:AE
I.TCAL DESCRIPTION
A PARCEL OF LAND LOCAIED IN A PORTION OF LOT 28, NAPLES GROVES AND TRUCK COMPANY NO. 2, ACCORDING TO IHE
PLAT 'THEREOF AS RECORDED IN PLAT BOOK 1, P AGE 27 OF IHE PUBUC RECORDS OF COLUER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT IHE SOUIHWEST CORNER OF A 20'x2O' UTILITY EASEMENT AS DESCRIBED lN OFFICIAL RECORD BOOK 1377,
P ACE 227A, COLLIER COUNTY PUBUC RECORDS, COLUER COUNTY, FLORIDA;
THENCE ALONG THE SOUTHERLY LINE OF SAID TMLMY EASEMENT, RUN N89'56,26,E FOR A DISTANCE OF 2O.OO FEET TO A
POINT ON THE EAST UNE OF S{D UTIUTY EASEMENT; THENCE ALONG THE EAST UNE OF SAID UTIUTY EASEMENT RUN
NO039'211t FOR A DTSIANCE OF 20.00 FEEr TO A Po|NT ON THE SOUTHERLY RIGHT-OF-WAY OF TERRACE AVENUE (60',
RIGHT-oF-WAY); IHENCE ALONG THE SoUTHERLY RIGHT-OF-WAY OF SAID TERRACE AVENUE RUN N89'36'26'E FoR A
DISTANCE OF 9.00 FEEI; THENCE LEqVNG SAID RIGHT-OF-WAY RUN S0O39'21'E FOR A DISIANCE OF 22.00 FEEI;
THENCE RUN S89'36'26'W FOR A DISTANCE 0F 29.00 FEE[; THENCE RUN N00'59'21'W FOR A DISTANCE OF 2.00 FEEr, TO
THE POINT OF BEGINNING.
CONTAINING 238.00 SQUARE FEE[, MORE OR LESS.
BEARINGS REFER TO THE SOUTHERLY RIGHT-OF-WAY UNE OF TERMCE AVENUE, AS BEING N89'56,26.E.
HOLE MONTES, INC.
CERTIFICATE OF AUIHORIZATION NUMBER LB 1772
Digitally signed
.by John Hilton
Date:2023.10.06
13:04:06-04'00'
j' 6278 - i--f$<STATE OF
LORtDA.....
S4lysyo{
BY 1S6278
JOHN J. HILTON STATE OF FLORIDA
mlft B/:
KA:;ErT-
2
OATE
101202tF!Et-
2
9Y) Encor. Woy
Nopl.., FL s,al l0
on.: (259) 254-2000
Florldo C.rllflcoL of
+lIlF' .n
HOLET/lOifTEI Authorlu ollon No. | 772
SKETCH & DESCRIPTION
PUMP STATION 50806 EASEMENT
IRr;llG tS.
H-2179
PnofcT to.
202r.oo'l
SEC-TXIHGE
2-50S-25E
ttr Mlf
nt !0 ILmLr
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