Parcel 130 Board of Count] Colalssioners
INTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
RE:
Sue Filson, Administrative Assistant
Board of County Commissioners
Cindy Erb, Real Properly Specialist I!
Real Property Management Department
December 20, 1999
Immokalee Road - Parcel #130
Attached you will find one (1) Donation Agreement for execution by Chairwoman
Pamela S. Mac'Kie 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 accepted a right-
of-way easement from Florida Panthers Naples, Inc., Agenda Item 16 B 9, dated
December 14, 1999, and the Board has authorized its present Chairwoman 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:
PROJECT: Immokalee Road
FOLIO: 130
DONATION AGREEMENT
· THIS DONATION AGREEME.~NNTl(hereinafter referred to as the "Agreement") is made
and entered into this ~ day of I.)~ ,1999, by and between Florida
Panthers Naples, Inc.,"a Florida corporation (hereinafter referred to as 'Owner"), whose
mailing address is 450 East Las Olas Boulevard, Suite #1400, Fort Lauderdale, FL 33301,
and COLLIER COUNTY, a political subdivision of the State of Flodda (hereinafter referred to
as "County"), whose mailing address is 3301 Tamiaml Trail, Naples, Flodda 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual non-
exclusive easement for road, utility, drainage, sidewalk and maintenance purposes over,
under, upon and across the lands described in Exhibit "A", which is attached hereto and
made a part of this Agreement (said easement hereinafter referred to as.the"Property");
WHEREAS, Owner recognizes the benefit to Owner and deslr, e~'to convey the Property
to the County for the stated purposes, on the terms and condl,~'ons set forth herein, sald
terms including that no compensation shall be due and payable f~r 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 an 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, Flodda.
3. The Closing ("Closing") of the transaction shall be held on or before ninety (90)
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 Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon thelr 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 the
Public Records of Collier Co. unty, Flodda. The cost of a title commltment shall be paid by
County.
6. 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 splll
or environmental law violation on any property contiguous to or In the vlclnlty 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.
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 padies and shall inure to the benefit of and be
binding upon the parties hereto and their respective 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 wflffen 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 wdtten.
DATE ACQUISITION APPROVED BY BCC:
AS TO COUNTY:
, Clerk
uty Clerk
),tte~ ~ to Ch~fm~,L1.s
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
AS TO OWNER:
WITNESSES:
Name:~
(Pdnt)
Witness (Signature)
Name:~~
(Print)
Approved as to form and
legal sufficiency:
Assistant County Attomey
Flodda Panthers Naples, Inc.,
a Flodda corporation
Name:'"~
(Print or type)
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
EXHIBIT
SKETCH OF DESCRIPTION
NOT A SURVEY
100' CANAL RIGHT OF WAY
SOUTH LIHE SEC 22
iMMOKALEE
( 1 oCT R~W)
PROJECT NO....69101
PARCEL NO ....... 130
FOLIO NO... ~.~, ~...~., ..~,., .O, ...~,, .O., ,~,. ,~. 5"
~'~" EAST LINE SEC. 22
9.OB.
/P O C S E, COR. SEC. 22.
T1NP. 48S. RGE 26E
ROAD
COMMENCING AT TIlE SOUTIIEAST CORNEl[ OF SECTION 22. TOWNSIIIP 411 SOU[II, ILANGE
26 EAST, COLLIER COUNTY, FI.ORIDA, TI IENCE NORTIIERLY ALONG TIlE EAST LINE OF
SECTION 22, A DISTANCE OF 100.00 FEET TO TIlE NOR[Ii LINE OF A 100 FOOT CANAL
RIGIIT OF WAY AND TIlE POINT OF BEGINNING; TIIENCE CONTINUING NORTIIERLY
ALONG SAID LINE, A DISTANCE OF 260.00 FEET; TIIENCE WESTERLY ALONG A LINE LYING
36O FEET NOR'Itl, AS MEASURED PERPENDICULAR TO, THE SOU[ti LIN~ OF SAID SECTION
22; A DISTANCE OF 65.00 FEET; TItENCE SOUTllERLY ALONG A LINE LYING 65 FEET WEST.
AS MEASURED PERPENDICULAR TO, TIlE EAST LINE OF SAID SECTION 22 TO A POINT
IIEREINAFTER EEFERED TO AS POINT "A",TIIENCE RETURNING TO AFORESAID POINT OF
BEGINNING AND RUN WESTERLY A DIS"I'ANCE OF I{0.0 FEET ALONG SAID NORTII CANAl.
EIGI rr OF WAY LINE; TI II.'.NCF. NOI[TI IIHU.Y Al,ON({ A I.INI.: I.YIN(i l{l! I;EI~T WI!ST. AS
I',,I[:.ASTJI~,EI) I'I£RI'I'.'NI)ICUI,AIt. TO, TI Il:, EAST I,INE OF SAIl) SIK'I'ION 22, A I)IS'I'ANCI': OF
5u (it) I:EE-]'; TI II'.'NCE NOI!,'I'I II.;AS'rl,.'I{LY A I)IS'I'ANCI{ OF 23,4 FI'.'F.T MORE OR I.ESS TO
AFORESAID POINT "A" AND TI IE I'OINT O1"' TI'.'RMINA'I'ION.
CONTAINING 17,"/S5 SQUARE FEET OR 0.408 ACRES MORE Oft LESS.
GENERAL NOTES
1) P,O.C. = POINT OF COMMENCEMENT
2) P.OB. = POINT OF BEGINNING
3) SEC. - SECTION
4) TWP. · TOWNSHIP
5) RGE. - RANGE
6) RAN - RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
NOTTOSCALE j FEBRUARY1,1000
PROFESSIONAL LAND SUfI~.YOR.FL. REG. # 2,K~
PUBLIC WORKS ENGINEERING DEPT.
COLLIER COUN~ G~RNMENT COMP[EX
3~1 EAST TAMIAMI TRAIL
NAPLES. FLORIDA 34112
' I~OBR SHE~ 1 OF
. :, ;, ~,,
TO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb ~t.~)
Real Property Speci~ist II
Real Property Management Department
January 5, 2000
Immokalee Rd - Broken Back
Please find attached one (1) original recorded Easement for the above-referenced project.
The Board of County Commissioners of Collier County, Florida approved the acquisition by
donation on December 14, 1999, Item 16(B)(9).
Please contact me if you have any questions or comments at x8991.
Thank you.
attachments as stated
cc: Tax Appraiser's Office w/attachment
Inventory File w/attachment
PROJECT: Immokalee Road
PARCEL: 130
FOLIO: 00188040005
2574651 OR: 2625 PG: 3364
RECORDED in O~PICIA~, RECORDS of COLLIER COUNTY, pi,
12/29/1999 at 01:55PM DWIGHT E, BROCK, CLERK
REC PEE 15,00
DOC-.?O ,70
COPIES 3,00
Retn:
REAL PROPERTY
EX? 8991
INTER OPPICE
EASEMENT
/
THIS EASEMENT, made and entered into this _9 day of jg'~l/' ,
19_~._., by Florida Panthers Naples, Inc., a Florida corporation, whose mailing address
is 450 East Las Olas Boulevard, Suite #1400, Fort Lauderdale, FL 33301, as Grantor
to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns,
as Grantee ....
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective legal representatives, successors and assigns.)
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, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive easement, license, and privilege for road right-of-way,
sidewalk, drainage, utility 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.
Subject to easements, restrictions, and reservations of record.
THIS PROPERTY IS NOT HOMESTEAD.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of constructing,
operating and maintaining road right of way, sidewalk, drainage, and utility facilities
thereon. Grantor and Grantee are used for singular or plural, as the context requires.
The easement granted herein shall constitute easements running with the land and
shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
FIIS,~T WITNESS (S[ignature)
(Pri~ Na rr3,.e)
SECOND WITNESS (Signature)
(Print Name)
Florida Panthers Naples, Inc.,
a Florida corporation
rresid~n~c~presid ent
THZS CONVEYANCE ACCEPTED BY THE
DATED: !~]~/~ ~TEM NO.
OR: 2625 PG: 3365
STATE OF 1~/-0 ~.,0 ~
COUNTY OF (~6~/./... i ~R.
The foregoing Easement was acknowledged before me this ~ day of
.'f]oU. ,1999, by (name) ~".cmme5 19,-0o i..~,¢.,,~ T~' , (title)
VICe. {3(~¢5,baal T of Florida Panth~r~ Naples, Inc., a Florida corporation, who
is personally known to me or who has produced %40~.. as
identification.
(Affix notarial seal)
I 'cOF~ .. -
(~3ign~ture of Notary/:~
~r~p,e.l..e~ t~..~¢~L. 6
(Print Name of Notary)
Commission #
My Commission Expires:
t"~-,:~,?~r~d by:
· . ~'. ~ :~?~t N. Zachary, Esqulr®
~,:~ ~ic~ of the County Attorney
~i.~i~01 East Tarniami Trail
[~i~p=es, Florida 34112
('."i~41) 774-84O0
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
. SKETCH OF DESCRIPTION
: EXHIBIT
,,/¢,/ NOT A SURVEY
PROJECT NO ..... 69101
PARCEL NO ....... 130
~ 65 O'
/
i 2
O
~ EAST LINE SEC. 22
80.0'
100' CANAL RIGHT OF WAY j8
~ .P.O.C.S.E. COR, SEC. 22,
SOUTH L..~NE_ S..~, 22 ~ ~/
TWP.
48S,
RGE
26E
IMMOKALEE ROAD
(lOO' R\W)
COMMENCING AT THE SOUTItEAST CORNER OF SECTION 22, 'l._ ,VNSHIP 48 SOUTIt, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, Tt IENCE NORTIIERLY ALONG THE EAST LINE OF
SECTION 22, A DISTANCE OF 100.00 FEET TO TIlE NORTIt LINE OF A 100 FOOT CANAL
RIGHT OF WAY AND THE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY
ALONG SAID LINE, A DISTANCE OF 260.00 FEET; THENCE WESTERLY ALONG A LINE LYING
360 FEET NORTH, AS MEASURED PERPENDICULAR TO, THE SOUTH LINE OF SAID SECTION
22; A DISTANCE OF 65.00 FEET; THENCE SOUTItERLY ALONG A L:.lx'.E LYING 65 FEET WEST,
AS MEASURED PERPENDICULAR TO, THE EAST LINE OF SAID SECTION 22 TO A POINT
HEREINAFTER REFERED TO AS POINT "A",TItENCE RETURNING TO AFORESAID POINT OF
BEGINNING AND RUN WESTERI.Y A DISTANCE OF 80.0 FEET ALONG SAIl) NORTtl CANAl_,
ltlGI IT OF WAY LINF.; TI IF. NCF. NORTI II':RI,Y AI,()N(i A I.INI! I.YING 811 FI,],.'T WI!ST,AS
MEASUREI) PI!RPliNI)ICUI.AR T(), '11 IE EAST i,INF. OF SAIl) SI!CTION 22. A DISTANCL.; OF
50.(}0 FEET; Ti IENCE NORTI ILrASTL;RLY A DISTANCF. OF 23.4 FI!ET MORE OR LESS TO
AFORESAID POINT "A" AND 'DIE POINT OF TFJ~,MINATION
CONTAINING 17,785 SQUARE FEET OR 0.408 ACRES MORE OR LESS.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT ~.,.,~ ~~~~D ./~. (./?..~
2) P.O.B. = POINT OF BEGINNING PREPARED .... ATE...~
3) SEC. = SECTION '~ GEORGE R. RICIIMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND St_JRVEYOI~-FL REG # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) RAN = RIGHT OF WAY
COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY CHECKED BY SCALE DAlE FILE NO
NOT TO SCALE FEBRUARY 1, 1999 iRBBR SHEET 1 OF 1