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Backup Documents 08/13/2024 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 8 �v I I THE BOARD OF MCOUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print ontink 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. Carly J Sanseverino County Attorney i�s4 /'S/ LY 2. BCC Office Board of County Commissioners C(“yAi fr/ 80/13/ 4' 3. Minutes and Records Clerk of Court's Office 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 Debi Goodaker Phone Number 239-252-8922 Contact/Department Agenda Date Item was February 23,2010—Reso 2010-39 Agenda Item Number 16 B 1 Approved by the BCC 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? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 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 N/A 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 DKG 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 February 23,2010(Reso 2010-39),and DKG all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the 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 f INSTR 6583060 OR 6390 PG 273 • PROJECT: PB Sidewalk Improvements Phase 2 RECORDED 8/16/2024 2 27 PM PAGES 4 Parcel No.: 22610000203 CLERK OF THE CIRCUIT COURT AND COMPTROLLER PREPARED BY: COLLIER COUNTY FLORIDA DEBORAH GOODAKER DOC@.70$0 70 REC$35.50 1 bB 1 COLLIER COUNTY RPM a 3335 TAMIAMI TRL E,NAPLES 34112 INSTR 6602552 OR 6406 PG 1387 SIDEWALK EASEMENT RECORDED 10/18/2024 8.30 AM PAGES 4 RE-RECOR[ CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA // REC$35.50 THIS EASEMENT is made and entered into this /C1��f��,,,�� day of Jbley , 2024, by AVALON AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida /Not For Profit Corporation, whose post office address is c/o Anstett CPA P.A., 1000 Tamiami Trail N., Suite 502, Naples, FL 34102 (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, its successors and assigns (hereinafter referred to as "Grantee"). (Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this instrument and their respective heirs. legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural. as the context requires.) W ITN E S S E T H : Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement for the purpose of construction, repair, and maintenance of a sidewalk upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference, (the "Easement Area"). Subject to easements, restrictions, and reservations of record. The Easement Area is not Grantor's Homestead TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, repairing, and maintaining a sidewalk thereon. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. Corrective Recording Due T vener's Error in Exhibit "A"Legal Descnp.tion on Page 2 of 2 1 OF 2 CAO PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.: 22610000203 1 6B 1 IN WITNESS THEREOF, the Grantor has caused these presents to be executed in Grantor's name this !0 day of ,rahy/ , 2024. ffi/(42- )1,Ca,e,A.14.. Witness (Signature) Print Name: eR154 )''usoL._i- .I Address: ZSJD Lv4 1,..no ce__ C ( i4'e.)lc 1 -r- 3 'i,o ' AVALON AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Floridan . 'For si,A, 4 Profit Co ation it., . - Print Name: Its: V )C D 1'(1 -5. 3441 14 Grantor Wi 4/ Pi (S' n ure) Print Name:AD~- 7 PAGE '' Address: /A71,1 /71,401A ZDu e,r /69/4E5, .t'L .iyl/D f STATE O F F4P0 /G,.9 COUNTY OF CDLGIEoe The foregoing Sidewalk Easement was acknowledged before me by means of g physical presence or 0 online notarization this /D day of .71.44)/ , 2024, by -C. re..7a as ipee5rbt:h='"j on behalf of AVALON AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida Not For Profit Corporation, who: ($ is personally know to me; Notary Public State oiFlo da 0 has produced his/her current driver's license; Commis NH RobertaJ Conwitm 0 has produced as identification. My Commission HH 631484 Expires 10/5/2028 �,�. Notary Signature /ylt �te���r/ Print Name D,BC,t� .7* .IP6704/ Commission # //15,92V,ifi Exp/41440,9d' Approv to form and.le ty Carly anne anseverino Assistant County Attorney 2 OF 2 CAO 1681 239.597.3111 FBPR:31200 FDACS:LB8416 www.LJA.com 7400 Trail Blvd.Suite 200,Naples,Florida 34108 LEGAL DESCRIPTION SIDEWALK EASEMENT 39 ALL THAT PART OF TRACT"A",AVALON AT PELICAN BAY,AS RECORDED IN PLAT BOOK 18,PAGES 86-87, COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PELICAN BAY BOULEVARD AND HAMMOCK OAK DRIVE; THENCE WESTERLY ALONG SAID CENTERLINE OF PELICAN BAY BOULEVARD AND ALONG THE ARC OF A CURVE WHOSE RADIUS POINT BEARS S 21°49'00" W A DISTANCE OF 1540.00 FEET THROUGH A CENTRAL ANGLE OF 17°18'08"AN ARC DISTANCE OF 465.05 FEET; THENCE LEAVING SAID CENTERLINE N 04°30'52" E A DISTANCE OF 60.00 FEET TO AN INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PARCEL"A",ALSO BEING THE NORTH RIGHT-OF-WAY OF PELICAN BAY BOULEVARD AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE N 04°21'56" E A DISTANCE OF 1.00 FEET; THENCE S 85°51'16" E A DISTANCE OF 5.29 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N 02°43'22"E AND HAVING A RADIUS OF 152.43 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°22'59"AN ARC DISTANCE OF 19.64 FEET; THENCE TO THE BEGINNING OF REVERSE NON-TANGENT CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS S 03°18'53"E AND HAVING A RADIUS OF 30.05 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°49'54"AN ARC DISTANCE OF 7.78 FEET; THENCE S 78°29'00" E A DISTANCE OF 36.45 FEET TO AN INTERSECTION WITH SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY; ALSO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS S 06°58'39" W AND HAVING A RADIUS OF 1600.00 FEET; THENCE ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 02°27'47"AN ARC DISTANCE OF 68.78 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 125 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD39 Page 2 of 2 EXHIBIT "A" - Page 2 of 2 i 6B 1 I I rrrr WN�Z m I I In U0Zm 1 II N 04'30'52"E NUN Z O--p 60.00' I O�U N ornrn m m m I A G I m j W co-0 m w _p m•N•O N N �~ I- zO Do r ° p mm aInlic-71' z I > D n mr r � ,Z C I C�(7 n C)(7 m (I) I -0 AW N--C C) I zl .D I Z - oo A z 1 -< Oo b N A 0 D 1 0 O c.f) —II o -o H D 1 _ 1 rn J A D l l co J co rn.Z1 :-.1mm U(7 r /� 0 Co -A.Nr / m / -/ I I / rn J A 7 / m�c0rnx / ..IrnvlWp m 'W NA / 'c00 'y / m / z / c0 l Incncnzx / mcom Jp / A V;c001,x v / / �NO(Ji0 Cl) (1W O��**11 vl 0 / (nrnNAD / mmfFcz tll I�� / N�v-•0 / A J m J?N�ri �..,ysccccc,ccc,ii', ,,' \ A CP m D `p3tl *G' -, J��co D /o�aa. .....,c/�9 ��N4yMoC \ m ion El° Eq 0^ K�4k D p 1 ii2= :O•:q T a]ate \�� \ - - .,''q'PER••*•).*a,... ``, 1 q�cpn nucc�0. S 3 I ..' j -u A W N Holli itiiii .Z1 (n'014111/ A m00 �� �D 0 II m n C) Z A mII II p D Z � FZZ ZO OZ D o^mo D ,�_ m Zoo V) m� m o mn I m c 0y- -o. m D m$il m mmo-om H0 p0 m 7V� x (yDlynn C 8 an' mZK ZZ Z D ti i 3 _ g p Z z m m •C q@� OO u z A S sd �l H Z z 0 co,m Z r� IO OAm< � m < r i om DA "n 0 J n i`Dp $ 6pi P m or, on 0m B a c' ? v n�' c� Wz y n op om s �+ y (n z A In D t)$ �' m O to D cn m �n 0 N No D„ z mr y� }5,xt i—)' Z { m o n G ^'.. = m rn - Z z D G6 A m m r 5 O_ m O , 0 n z0 o - I > Z—Y__ l 0 m A ~0 0 II N 0 .2, ,320,00 % m p m N (T N N 0 a .. x O Z Z. y EXHIBIT "A" - Page 1 of 2 PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.: 22610000203 16 81 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between AVALON AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida Not For Profit Corporation, (hereinafter referred to as "Owner") whose post office address is c/o Anstett CPA P.A., 1000 Tamiami Trail N., Suite 502, Naples, FL 34102 and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County") having a mailing address of 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. W ITN E S S E T H : WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of construction and maintenance of a sidewalk 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 Sidewalk 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 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. 1 OF 4 PROJECT: PB Sidewalk Improvements Phase 2 16 8 1 Parcel No.: 22610000203 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, 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 fees, documentary stamps, 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. 2 OF 4 CAO PROJECT: PB Sidewalk Improvements Phase 2 1 b Parcel No.: 22610000203 81 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. (Signatures on next page) 3 OF 4 CAO PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.: 22610000203 16 81 IN WITNESS THEREOF, the Grantor has caused these presents to be executed the date and year set forth below.DATE ACQUISITION APPROVED BY BCC: 3!/ 8/Z�I AS TO COUNTY: DATED: gi 8 2L( ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court Collier County, a Political Subdivision of the and Comptroller State of Fl r iits44 CL Lift<L-V\ By: test as to Chairman' signature only Chairman,' Clerk Chri all, Chairman AS TO OWNER: AVALON AT PELICAN BAY CONDOMINIU► ASSOCIATION Florida Not - t Corporation Sy - Print Niggle: ♦ Its: 1 IZ S( 1G7-C—h1 60;42 jig 4.0-14A C/7,114 1.#41 ;c Witness (Signature) Witness (Si a ure) Print Name: C R15A p1 u S/LL4 ( Print Name:A�JE,E'..0 44).‘ri Address: 2- SO'J L' Afrbiloi a nc.e C:✓ Address: A*49 Z y4r,i0it't'1,-2„pie,e7 e-IDI L-5 r :FL -3 1 D /Y'I9P4e'5 F'G ✓✓,��io9 Approve s t form and legality Carly J nne Sanseverino Assistant County Attorney 4 OF 4 CA0 11‘fi;j1IFF bB�T_ 9.597.3111 FBPR:31200 F DAC5:08410 www.LJA.com 7400 Trait Blvd.Suite 200,Naple$,Florida 3410S LEGAL DESCRIPTION SIDEWALK EASEMENT 39 ALL THAT PART OF TRACT"A",AVALON AT PELICAN BAY,AS RECORDED IN PLAT BOOK 18,PAGES 86-87, COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PELICAN BAY BOULEVARD AND HAMMOCK OAK DRIVE; THENCE WESTERLY ALONG SAID CENTERLINE OF PELICAN BAY BOULEVARD AND ALONG THE ARC OF A CURVE WHOSE RADIUS POINT BEARS S 21°49'00" W A DISTANCE OF 1540.00 FEET THROUGH A CENTRAL ANGLE OF 17°18'08"AN ARC DISTANCE OF 465.05 FEET; THENCE LEAVING SAID CENTERLINE N 04°30'52" E A DISTANCE OF 60.00 FEET TO AN INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PARCEL"A",ALSO BEING THE NORTH RIGHT-OF-WAY OF PELICAN BAY BOULEVARD AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE N 04°21'56" E A DISTANCE OF 1.00 FEET; THENCE S 85°51'16" E A DISTANCE OF 5.29 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N 02°43'22"E AND HAVING A RADIUS OF 152.43 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°22'59"AN ARC DISTANCE OF 19.64 FEET; THENCE TO THE BEGINNING OF REVERSE NON-TANGENT CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS S 03°18'53"E AND HAVING A RADIUS OF 30.05 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°49'54"AN ARC DISTANCE OF 7.78 FEET; THENCE S 78°29'00" E A DISTANCE OF 36.45 FEET TO AN INTERSECTION WITH SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY; ALSO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS S 06°58'39" W AND HAVING A RADIUS OF 1600.00 FEET; THENCE ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 02°27'47"AN ARC DISTANCE OF 68.78 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 125 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD39 Page 2 of 2 EXHIBIT"A" - Page 2 of 2 Z iO T aged - 1V„1ISIHX3 ,I p I w / r Z x 'OF 0 Fit N N Lo ¢ i N if01 II o U N ap w 9 5 0."2>J8. NN �M 5 w 6 l 1 / • -________AZ ° u, w 0 N 1. w N F U a W 5 N re a ~ W n m N 8 (0 w z W Z 0 N = it �7 O O. WN ¢ Z Z W',3g eJ N til Q N 7 c.y z - H j b E Um Q U- 1. U 2 ##C 5 W 2_U �Obi w 0 w W .0 S D O Z Q (-L aka w a 38S8ZZ? x W W 4�LLI i,-.z air. ¢ oz ow ? z?• 1: iaaga R U °Wm m� �" w wzz 0 etj,; zfzmLL w z� Zw �(T3� ~ gs;E co mzw d' wE(-'�i .. m� . N f OU WmN W YAt m F.Q W O La d W W ZI� w + Z�_. U CO Z w l Z41 V) �¢ =iiIi • Lu U d J ttiiiiii a. a ll i l ig # aU� )O � b' OJ'•\ T O O: _\ rV . j c O: j o .. p%... P,,/ Z2 2 y� ...... '. 1-,-NaI� ��� `V N �\� �OBI z_33ww / c, / V 7NtON j / U / Cn m 0N,f)( // ci n . / O0 M 0 U D U K :Min...1- / maOoo �r' On `� UZNNN / V // / 0 0 / / H -1 / // / O,,,Ni bmn / /im m o)h / Ua.-nm / / / 11-- / Z / JN• U In m co r. (2) Z.,"/aa-nm S / U 1...- / Q Now_ o Q / H Doano I Q 0 a N 0 0 aintoOco m / ZO Q I a CC 0= W I _r‘i C.)UUUUU D_ I w O I h }I m / Q CD a CO Z Dg¢ w -IJw o n U a wZi ^ a_ I.- vNt I mo.-vr) am ri o 1 + a I www I 0 ino 1n-o .00 09 I Z N U7 ry J .ZS,Of.40 N QOmN , w 07ZNU1 I w J J_1, I PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.: 22610000203 GRANTOR'S NON-FOREIGN, TAXPAYER j PAYE R IDENTIFICATION & "GAP" AFFIDAVIT The Undersigned, Q�� It" ` * 2)Q?A (Name), f-- 3rD i (Title), ("Affiant") of AVALON AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida Not For Profit Corporation ("Grantor"), after being duly sworn, deposes and says: 1. Grantor is the fee simple owner and the only owner of the property located in Collier County and described in Exhibit "A" attached hereto ("Property"). 2. Grantor's Legal Name is: AVALON AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida Not For Profit Corporation. 3. Section 1445 of the Internal Revenue Code ("IRC") requires a transferee of a U.S. real property interest to withhold tax if the transferor is a foreign person. For U.S. tax purpose (including IRC §1445), the owner of a disregarded entity having legal title to a U.S. real property interest under local law will be the transferor of the property and not the disregarded entity. To inform Collier County, as transferee, that withholding of tax is not required upon disposition the Property, Affiant affirms that the following is true: a. Grantor is not a non-resident alien (if individual) or a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined by the Internal Revenue Code and Income Tax Regulations.) for purposes of U.S. income taxation. b. Grantor's address is: C/O Anstett CPA P.A., 1000 Tamiami Trail N., Suite 502, Naples, FL 34102. c. Grantor is not a disregarded entity as defined in Treas. Req §1.1445- 2(b)(2)(iii). (NOTE: A disregarded entity for these purposes means an entity that is disregarded as an entity separate from its owner under Treas. Reg. §301.7701-3, a qualified REIT subsidiary as defined in IRC §856(i), or a qualified subchapter S subsidiary under IRC §1361(b)(3)(B). 4. For purposes of reporting this Transaction to the Internal Revenue Service on Form 1099- S, the Property is Grantor's (check one) _Principal Residence X Other real estate 5. Grantor is in sole constructive or actual possession of the Property, and there is no other person or entity that has any possessory right in the Property except as disclosed in the public records of Collier County, Florida. 6. Grantor has full authority to grant a sidewalk easement upon the Property. 1 OF 4 CCAIr PROJECT: PB Sidewalk Improvements Phase 2 16 6 81 Parcel No.: 22610000203 7. There are no existing contracts for sale or mortgage commitments other than those being closed affecting the Property. 8. Grantor knows of no defects in the Property's title and, except for real estate taxes for the current year and those items identified on Exhibit "B" attached hereto, there are no liens, encumbrances, mortgages, claims or demands on or against the Property. 9. There are no unrecorded labor, mechanics', materialmen's liens or "Notices of Commencement" against the Property; no material has been furnished to or labor performed upon the Property within the past ninety (90) days which has not been paid for in full; no notices to owner have been delivered to or received by the Grantor. 10. There are no bills, liens or assessments for sanitary sewers, paving or other public utilities, or improvements made by any governmental instrumentality, which are now unpaid, against the Property. Further, Grantor acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or occupancy by Grantee, whichever first occurs. If any bills, liens or assessments are found which relate to the period of Grantor's possession, Grantor will pay same upon demand. Grantor shall obtain any release documents needed which relate to bills, liens or assessments not paid at the time of closing. 11. No notice has been received of any public hearing regarding future or pending zoning changes or assessments for improvements by any governmental instrumentality. 12. Grantor knows of no violations of local or state laws or private covenants, restrictions or conditions which pertain to the Property. 13. There are no judgments, orders or decrees which have been entered in any state or federal court against the Property or Grantor, and there are no civil or administrative actions pending against Grantor or which involve the Property in any way, including no action for dissolution of marriage or bankruptcy. 14. The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local laws, regulations and ordinances, including environmental laws, and 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; and that 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/or acceptance and is not deemed satisfied by conveyance of title. 15. Grantor shall indemnify, defend and hold Collier County harmless against and from any and all damages, claims, liabilities, actions, expenses, penalties, fines and costs (including attorney's fees and expenses) incurred by or asserted against Collier County by reason of or 2 OF 4 Cqc, PROJECT: PB Sidewalk Improvements Phase 2 6 B 1 Parcel No.: 22610000203 arising out of the breach of Grantor's representations under Paragraph 14 above, irrespective of whether the undersigned affiants were negligent in the making of these representations. This provision shall survive closing. 16. There are no unrecorded deeds,judgments, liens, mortgages, easements or rights of way for users, claims, boundary line or other disputes, or demands of any nature asserted against or affecting the Property. 17. There are no matters pending against Grantor that could give rise to a lien that would attach to the Property, or cause a loss of title, or impair title between the effective date of the title insurance commitment (or title search showing ownership and encumbrances) and the time of recording of the instruments evidencing the County's easement or other interests in the Property; and that Grantor has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of this Affidavit forward. 18. Grantor agrees to fully cooperate with Collier County when necessary to correct an error discovered after closing and, in doing so, to execute, without delay, any corrective instrument(s) needed in order to effectuate the intent of the parties to this transaction. This provision shall survive closing. 19. Grantor understands that this certification may be disclosed to the Internal Revenue Service by Collier County and that any false statements made here could be punished by fine, imprisonment, or both. Grantor further authorizes the submission of this affidavit if and when required. 20. Under penalties of perjury, I, the undersigned affiant, state that I have examined this affidavit and to the best of my knowledge and belief it is true, correct and complete as of the date of execution hereof; that I am authorized to execute this affidavit as or on behalf of Grantor and to bind Grantor thereby; that I will immediately notify Collier County of any change to the representations contained herein and that, in the absence of such notification, Collier County may rely on the representations contained herein on the day of closing;that Grantor intends for Collier County, its agents and attorneys, the title company issuing the title policy (if title insurance is to be issued), its underwriter and its employees, any escrow/settlement agent and other parties and their attorneys participating in this transaction, to rely on these representations, and Grantor will indemnify said parties for all damages, loss, liability, claims, cost and expenses, including attorney fees, which arise out of or result from their reliance upon these representations, irrespective of whether I was negligent in making these representations or executing this Affidavit. 3 OF 4 Cq-- PROJECT: PB Sidewalk Improvements Phase 2 1 t g 1 Parcel No.: 22610000203 (� AVALON AT PELICAN BAY CONDOMINIUM ASS* •N, INC., a Florid.Ao or , Profit . i• Print Name: b :. . • Its: die.ES q.40/14.04Paaw, Witness (Signature) Witness (Si au re) Print Name: eg156 Print Name: /We447D ,r 40494 rrad Address: Z59 L.' ,/a.vc,c_ abr Address: /07.1,1 ,4141109, C71- e f1c5 i FL. 3 Li I 02 410/1«s/ 341/09 STATE OF P.41,.t'/.640 COUNTY OF eGil2.lf.0 The foregoing Sidewalk Easement was acknowledged before me by means of physical presencejpr 0 online notarization this /O day of --�K�i , 2024, by ` (z-t1C C /(L'IZ as Ty Ec ( on behalf of AVALON AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida Not For Profit Corporation, who: is personally know to me; 0 has produced his/her current driver's license; 0 has produced /aas identification. Notary Public State o/Florida /,i iY�IW Roberta J Dalton Notary Signature /v/J (tfl My Commission HH 537484 Expires 10i5r2028 Print Name *0Q�,�► dlit Ta Commission # /0j 74"69 Exp:/4lf/i?d#, Approved as t rm and legality Car eanne Sanseverino Assistant County Attorney 4 OF 4 S Z 10 T a2ed - „V„iI9IHX3 oxXOv iaf ��iE N.. N N uj.. -- ou� SMQ Z Z _ JO9mJNrrO N < p .DVr aN � 1 6Bc0 5 / \ / \p F pII w w N 4 W V F U O W 5 rc J O Q e I- N N O U W zw ?o N = u O N !J 0 y Wfn Q Z 2 ..K y^Da CO ap Q Z U h. ' `�N Co ii U ¢ d0 V „g$ > 0 z �� WU W w i§ig } D O i s Gi N - mMa w"m zo $ ass U �wam � m¢ � � ?zz o a 4 � W w 2 a. w ', Qw z ,zw wo0 6� o7wW LL s; ~Q oaamo OdtUmF Q n.paa, aYa3 �Zoln & "'I' mc.oU Q w N Zm " aO gU w /n� pw --Q- z " LL <Q ap ooZZ � Qa 00o o aIns s II IIN w i3 Wa G{ �N WwL Z ' JUmIIL.., a 41 vl map0041 anv N n a pwawd dN l dKI ban 1 v � �� := o 10 Ot we % a�/j� d� z LU e:'o'// aao. `az H 'e O rn N r \ 'y' ql# REG�S O'� EN QmNOI� lllllllt'"' J-Na'I� \ W i-N-EN / // D h N / z33ww / 1 / / �_ - I / 68NID° U O—V70 I O O j0_ ////( / o / r p i(1 0 / ri / F� io bin a• / OnaOmao r` UZ VIU)VI / / / / T I I l ll/ // Oriiio / h lI / / S OO nm / Ua�rm / / / / // UJ w- c/N. / Um /UNlnmn / Q� /aaO�� / / H/ j oio -7Q / Z / Ooao c•i° } /a o oM m / U CC o ce 0 LU'L, I QU_ a f 1 UUUU /O a0 co wQ6 col, J' UQ° W nWC.) as N Z - aQ - 0 I-oma 0 hVON6 U U-V1M ce O I / U U W W WI fi I ^Ni O Z Om J 3 00 ,of'0.40 NI boron CO VI In I LAI J J J J I I I I 23 9.59 7.3111 FBPR:31200 FOACS:LBW t: www.LJA.com 7400 Trail Blvd.Sulte 200,Naples,Florida 3410B LEGAL DESCRIPTION SIDEWALK EASEMENT 39 ALL THAT PART OF TRACT"A",AVALON AT PELICAN BAY,AS RECORDED IN PLAT BOOK 18,PAGES 86-87, COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PELICAN BAY BOULEVARD AND HAMMOCK OAK DRIVE; THENCE WESTERLY ALONG SAID CENTERLINE OF PELICAN BAY BOULEVARD AND ALONG THE ARC OF A CURVE WHOSE RADIUS POINT BEARS S 21°49'00" W A DISTANCE OF 1540.00 FEET THROUGH A CENTRAL ANGLE OF 17°18'08"AN ARC DISTANCE OF 465.05 FEET; THENCE LEAVING SAID CENTERLINE N 04°30'52"E A DISTANCE OF 60.00 FEET TO AN INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PARCEL"A",ALSO BEING THE NORTH RIGHT-OF-WAY OF PELICAN BAY BOULEVARD AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE N 04°21'56" E A DISTANCE OF 1.00 FEET; THENCE S 85°51'16" E A DISTANCE OF 5.29 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N 02°43'22" E AND HAVING A RADIUS OF 152.43 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°22'59"AN ARC DISTANCE OF 19.64 FEET; THENCE TO THE BEGINNING OF REVERSE NON-TANGENT CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS S 03°18'53"E AND HAVING A RADIUS OF 30.05 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°49'54"AN ARC DISTANCE OF 7.78 FEET; THENCE S 78°29'00" E A DISTANCE OF 36.45 FEET TO AN INTERSECTION WITH SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY; ALSO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS S 06°58'39" W AND HAVING A RADIUS OF 1600.00 FEET; THENCE ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 02°27'47"AN ARC DISTANCE OF 68.78 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 125 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD39 Page 2 of 2 89t EXHIBIT"A" - Page 2 of 2 PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.:22610000203 16 U 1 PUBLIC DISCLOSURE ACT— DISCLOSURE AFFIDAVIT BEFORE ME, the undersigned authority in said County and State, personally appeared K....0 -A- , who being first duly sworn, deposes and says that: 1. He/She is the of AVALON AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, authorized to do business under the laws of Florida. 2. The Company holds title to real property described in Exhibit "A" attached hereto and by this reference made a part hereof(the "Property"). 3. He/She hereby certifies that the names and addresses listed on Exhibit "B" attached hereto, and by this reference made a part hereof, are the names and addresses of every person having a beneficial interest in the Property, however small or minimal. 4. He/She files this Affidavit for the purpose of complying with the provisions of 286.23 of the Florida Statutes. AVALON AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida Not For P -Corporation By: Print Name: - < . Kcb Its: Po Address: C/O Anstett COA, P.A. 1000 Tamiami Trl Suite 502 Naples, FL 34102 Witness (Signature) Wi ness (S' nai re) Print Name: EI 'Sf1 MU U 4,L( Print Name: "040 ,4',W J ���r)// Address: Z SOO 1-14r.117;avIC.e. Cc?' Address: /4 7 /E,d.¢y 6 f' A t r-Si �1 3111016 /1119,t gs .e't .,4'1/9 1 OF 2 CqC PROJECT: PB Sidewalk Improvements Phase 2 1 6 61 Parcel No.:22610000203 STATE OF /''Zoe/AA COUNTY OF deea4A The foregoing Sidewalk Easement was acknowledged before me by means of t physical sence or online notarization this /It day of J t.4J / , 2024, by ' 1��. .j'r� D •+'was }9/) l >e7v' T on behalf of AVALON AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida Not For Profit Corporation, who: M is personally know to me; O has produced his/her current driver's license; 0 has produced as identification. Notary Public State of Florida 1 Roberta J Dalton 1 My Commission NH 537484 1 j Expires 10/5/2028 l Notary Signatur � i Print Name 2)� ,�-.�A tiT.�.6�.d T � Commission # N/4�.0Vy8¢ Exp:/d/*' S$ Approved f and legality cOcially A shkar, Assistant County Attorney CTS 2 OF 2 CAO PROJECT: PB Sidewalk Improvements Phase 2 16 B 1 Parcel No.: 22610000203 EXHIBIT "B" AVALON AT PELICAN BAY CONDOMINIUM ASSOCIATION, INC. Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: CAO 1 68 1 239.597.3111 FBPk:31200 FDACS:LB841 t; www.LJA.com 7400 Trail Blvd.Suite 200,Naples, Florida 3410 LEGAL DESCRIPTION SIDEWALK EASEMENT 39 ALL THAT PART OF TRACT"A",AVALON AT PELICAN BAY,AS RECORDED IN PLAT BOOK 18,PAGES 86-87, COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PELICAN BAY BOULEVARD AND HAMMOCK OAK DRIVE; THENCE WESTERLY ALONG SAID CENTERLINE OF PELICAN BAY BOULEVARD AND ALONG THE ARC OF A CURVE WHOSE RADIUS POINT BEARS S 21°49'00" W A DISTANCE OF 1540.00 FEET THROUGH A CENTRAL ANGLE OF 17°18'08"AN ARC DISTANCE OF 465.05 FEET; THENCE LEAVING SAID CENTERLINE N 04°30'52" E A DISTANCE OF 60.00 FEET TO AN INTERSECTION WITH THE SOUTH BOUNDARY OF SAID PARCEL"A",ALSO BEING THE NORTH RIGHT-OF-WAY OF PELICAN BAY BOULEVARD AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE N 04°21'56" E A DISTANCE OF 1.00 FEET; THENCE S 85°51'16" E A DISTANCE OF 5.29 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N 02°43'22" E AND HAVING A RADIUS OF 152.43 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°22'59"AN ARC DISTANCE OF 19.64 FEET; THENCE TO THE BEGINNING OF REVERSE NON-TANGENT CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS S 03°18'53"E AND HAVING A RADIUS OF 30.05 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°49'54"AN ARC DISTANCE OF 7.78 FEET; THENCE S 78°29'00" E A DISTANCE OF 36.45 FEET TO AN INTERSECTION WITH SAID SOUTH BOUNDARY AND SAID NORTH RIGHT-OF-WAY; ALSO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS S 06°58'39" W AND HAVING A RADIUS OF 1600.00 FEET; THENCE ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 02°27'47"AN ARC DISTANCE OF 68.78 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 125 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD39 Page 2 of 2 EXHIBIT"A" - Page 2 of 2 l oB 1 i 1 1 1 1 rr rr GN—Z I m I I mu zm Vmo� I Co co A N 04'30'S2" nicAmE 60.00' I Cf.-•Oi I N - ' I mmm I 7, ,. w I io v U w i rr, C 4n r r 0 IY �Z m I o m �wN�I m M0 1 / ' > m —I z m 0 / / > rn901(n> O N A• O H 1 / .0 V-G OO(/) D = / 0)V-+AD / H W• )O 0)XI rn 0 /� / (1) CO�AOQ - -N m Z I �_ / / / / / / / / / / / 1 a 0 rn I / / // V co cn P 0 m G•40 o / / z ' _ �` / OD0300V00 A(T(O CI / / �(n00,0 fir/^1 b / NG—O n I (1)0)NAA `J Vji '\ m m F C)y \ N J-O �� N N m / �``s5`03d *2 „„ `\ -.I p O 40 OD D //` 0 G cZ /J`��a )> cn C¢q 9C''cn S. \�H\,�Mock \\\ m < :p m .£ / ;< .O O g :2, — \-, 1 ,' ,•`‘ iiii Q# L) A G N mN PO m m m m 11.41i 11,% 00 › m D m f O II mn C)r Z'�— z __ m (n 11 II 50 m0 O 9 y D nn A mvv �� �N w o a Z L t00 zo oz moq CO Z Ic a,� N my M m D x a� m / zm>fs { O iN m moo 0 (ano Oa' �o (n � y�m'� Z a � -(O Z mm c °cam'"o m D $�'¢ r mmo -p NO m Zm x zycl n .R7 (n yy�"if.11 mom rm*z 2Z m 2j o <'aLn f) < C tf, Yfl mZZ Z my oOp S S ODzy m < .F)Trill ,0,, ~Zn Z0 OON Z m� a".<y 5 co rn �m > �a D =mZ m $ loxf fm' m (-1 O 0 y < ; i D ? O� >,,,, e O CO Z N A p J) D8 �� m O 0 (rm Npp OZ mr ;Or; a �n1 -< nz_ 2 z I D m o CS) (n r' o m m 1 ) / g ?,x, Z--�� a a - o\ 5 1-) o II N .=5� mm V -' t»O A;F Win' ,g.4 O D N g zN aN e. ao..>i z o a O N fM V / EXHIBIT"A" - Page 1 of 2