Parcel 134 RECEIVED
Memorandum ooo
~o~r~ of' Counts C0m,~fssi0ner$
TO:
FROM:
DATE:
SUBJECT:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
JEANJOURDAN, SENIORSPECIALIST(~,~~)
REAL PROPERT~ MANAGEMENT D~NT
FEBRUARY 9, 2000
GOLDEN GATE BOULEVARD
PARCEL 134 (SCHOOL BOARD)
Attached you will find one (1) Easement Agreement for execution by Chairman Timothy
J. Constantine concerning the above transaction. Please be advised that the document
has been reviewed and approved by the County Attorney's Office.
The Board of County Commissioner of Collier County, Florida approved the acquisition
by gift or purchase pursuant to Resolution 98-107, Agenda Item 16.B.1, dated April 28,
1998, the Board has authorized its present Chairman and any subsequent Chairman,
for the life of the Project, to execute any instruments which have been approved by the
Office of the County Attorney.
Once the Agreement has been executed, please forward same to Ellie Hoffman,
Records Technician III, Minutes and Records Management, for attestation by the Clerk
to the Board.
If you have any questions regarding this matter, please contact me at 774-8991. Thank
You.
Attachment:
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: Golden Gate Boulevard
FOLIO: 36766400002
PARCEL: 134
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between THE SCHOOL BOARD OF COLLIER COUNTY FLORIDA, whose
address is 3701 Estey Aveune, Naples, FL 34104 (hereinafter referred COLLIER COUNTY, a
political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing
address is 3301 Tamiami Trail, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County two (2) perpetual, non-
exclusive easements for the purposes described on Exhibit "A" (said easements hereinafter
referred to as the "Property", which is attached hereto and made a part of this Agreement) which
may include sidewalk, drainage, utility and maintenance purposes over, under upon the Property.
WHEREAS, the County has requested that Owner convey three (3) non-exclusive Temporary
Driveway Restoration Easements described on Exhibit "B", (said Temporary Driveway Restoration
Easements collectively hereinafter referred to as "TDRE", which is attached hereto and made a part
of this Agreement) for purposes of reconstruction of the existing driveways over, under, upon and
across the Property.
WHEREAS, the County has requested that Owner convey a non-exclusive Temporary
Construction Easement for the purposes of entering upon the following lands described in Exhibit "C"
attached hereto and made a part of the agreement.
WHEREAS, the Owner desires to convey the Property, TDRE and Temporary Construction
Easement (hereinafter collectively referred to as "Properties") to the Purchaser for the stated
purposes, on the terms and conditions set forth herein;
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Properties 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 Properties requested by County.
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 Properties via an Easement, Temporary Driveway Restoration
Easement and Temporary Construction Easement to County at no cost to the County, unless
otherwise stated herein.
2. 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.
3. The Closing ("Closing") of the transaction shall be held on or before sixty (60) days
following execution of this Agreement by the County, unless extended by mutual written agreement of
the parties hereto.
4. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Properties, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Properties 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.
5. The County shall pay for all costs of recording the conveyance instrument in transaction in
the Public Records of Collier County, Florida. Any and all other costs shall be paid by Owner.
6. Owner represents that the Properties and all uses of the Properties 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 Properties except as
specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental
law violation on any Properties contiguous to or in the vicinity of the Properties to be conveyed to the
County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the
Properties, b) any existing or threatened environmental lien against the Properties or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the Properties. This provision shall survive Closing and is not deemed
satisfied by conveyance of title.
7. 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 6. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
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 Properties 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.
10. If the Owner holds the Properties 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 Properties before the Properties 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
AS TO COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
Attest as to Chalna~'$
signature onl$,
BOARD~MISSIONERS
Ti or~th~ J. Cons~ti~e, Chlaim'la'n
Witness (Si, grlature) ¢//?
Name:
~ (Print or Type') -!
Witness_~igna!ure),,~
Name: ,j_~O
(Print or Type)
THE SCHOOL BOARD OF COLLIER
BY: Barbara J./~h~rch
ITS: Chairman
Superintendent of Schools and
Ex-Officio Secretary
(Print Name)
STATE OF ~"10 ~ ~ ~/~.
COUNTY OF ~O ~'1 ~ ,e. ~
The foregoing Donation Agreement was acknowledged before me this ~GT~.day of ~% ,
,?,~oc~, by Barbara Churc,has Chairman of THE SCHOOL BOARD OF COLLIER COUNTY, FLORIDA,
on behalf of The School Board of Collier County, Flordia who is personally known to me or who has.
produced as identification.
(affix notarial seal)
('Signature of Notary Public)
K LEAL
( Print name of Notary Public)
NOTARY PUBLIC
Serial/Commission # ' if any ~-~-.5'~,~,
My Commission Expires:
Approved as to form and
legal .sufficiency:,
H&]'-d J F.-A~htor{
Assistant County Attorney
PROJECT NO. 63{' 1
PROJECT PARCEL NO. i34
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
SDUE - The South 25 feet of the Nodh 75 feet of the West 250 feet,
together with the South 15 feet of North 65 feet of the East 80 feet, of
Tract 113, and the South 15 feet of the Nodh 65 feet of Tract 128,
Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of
the Public Records of Collier County, Florida.
DUE - The South 10 feet of the North 75 feet of the East 20 feet of Tract
128, Golden Gate Estates Unit Nb. 4, as recorded in Plat Book 4, Page
79 of the Public Records of Collier County, Florida.
{PLATTED 50 FT. R/W EASEMENT) / GOLDEN GATE BLVD.
10 x 20 FOOT DRAINAGE, UTILITY
ANO MAINTENANCE EASEMENT
15 FOOT SIDEWALK, DRAINAGE, UTILITY (DUE)
AND MAINTENANCE EASEMENT (SDUE)
25 FOOT SIDEWALK, DRAINAGE, UTILITY
AND MAIHTENANCE EASEMENT (SDUE)
WEST PROPERTY LINE
EAST PROPERTY LINE
~,J'JTH PROPERTY LINE
SCALE: 1 Inch = 100 leel
County Real P~'operty Managemen[ Department 06/'26,~1~ 3:19 PM
PROJECT:
PARCEL:
FOLIO:
Golden Gate Boulevard
134 AT
36766400002 --"
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
The East 60 feet of .the South 30 feet of the North 105 feet of Tract 113, Golden Gate
Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of
Collier County, Florida.
PROJECT:
PARCEL:
FOLIO:
Golden Gate Boulevard
134 't~ -~'
36766400002 "'"
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
The East 30 feet of the West 225 feet of the South 15 feet of the North 90 feet of Tract
113, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the
Public Records of Collier County, Florida.
EX BIT
PROJECT:
PARCEL:
FOLIO:
Golden Gate Boulevard
134
367664O0O02 -~'
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
The West 30 feet of the East 95 feet of the South 20 feet of the North 65 feet of Tract
128, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the
Public Records of Collier County, Florida.
PROJECT NO. 63041
PROJECT PARCEL NO. '"/34
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE WEST 40 FEET OF THE SOUTH 200 FEET OF THE NORTH 275
FEET OF TRACT 113, GOLDEN GATE ESTATES UNIT NO. 4,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4,
PAGE 79, OF THE OFFICIAL RECORDS OF COLLIER COUNTY,
FLORIDA . ,.
NORTH PROPERTY LINE
WEgT i INF OF TRACT !13
(EXISTING 50 FT. R/W EASEMENT) (GOLDEN GATE BLVD.)
~ 25 FOOT SIDEWALK, DRAINAGE. EXISTING RNV LINE
UTILITY AND MAINT, EASEMENT
~-- -I 40' X 200' TEMPORARY CONSTRUCTION
EASEMENT
330 FEET
N
EAST l INI::: OF TRAI3.T 113
SOUTH LINE OFTRACT 113 t
SCALE: 1 inch = ~100 feet
Collier County Real Property Management Department 09/30/99 '