Smith Donation AgreementPROJECT: Reclaimed Water Telemetry Remote Sites /Lot 44, Block A, Lakewood Unit 5,
4638 Chippendale Drive, Naples, FL 34112 -5251
FOLIO No.: 53951760006
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement ")
is made and entered into by and between JERRY C. SMITH AND WILDA D. SMITH,
husband and wife, whose mailing address is 4638 Chippendale Drive, Naples, Florida
34112 -5251, (hereinafter referred to as "Owner "), 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 utility easement for the purpose of access, installation, and maintenance of
reclaimed water facilities, pipelines, electrical panels, telemetry towers, and other utility
appurtenances over, under, upon and across the lands described in Exhibit "A" (said utility
easement hereinafter referred to as the "Property "), which is attached hereto and made a part
of this Agreement;
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. County will be responsible for all repairs, maintenance, and related costs for its
above - ground and in- ground infrastructure within the easement area. This provision shall
survive Closing and is not deemed satisfied by the conveyance of Easement.
3. 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.
PROJECT: Reclaimed Water Telemetry Remote Sites /Lot 44, Block A, Lakewood Unit 5,
4638 Chippendale Drive, Naples, FL 34112 -5251
FOLIO No.: 53951760006
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. 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.
The cost of a title commitment shall be paid by County.
7. 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.
8. 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.
9. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
(This space intentionally left blank)
2
PROJECT: Reclaimed Water Telemetry Remote Sites /Lot 44, Block A, Lakewood Unit 5,
4638 Chippendale Drive, Naples, FL 34112 -5251
FOLIO No.: 53951760006
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed as of the
dates herein below.
AS TO COUNTY:
DATED: Zs ZD /Z
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER:
DATED: i " 1 i3 _ Z0 Q-
SES:
Name:
Name:
(Print)
BOARD OF COUNTY COMMISSIONPRS
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
By:
FRED W. COYLE , Chairma
Apixtwed as to form & legal Sufficiency
AssiiFant County Attorney
3
PROJECT: Reclaimed Water Telemetry Remote Sites /Lot 44, Block A, Lakewood Unit 5,
4638 Chippendale Drive, Naples, FL 34112 -5251
FOLIO No.: 53951760006
DATED:
By: �✓� �G .uL`
WILDA D. SMITH
UME"i
V\Wess (Signatilin
Name:�'`�
(Print)
Approved as to form and
legal sufficiency:
By: " - -3
6-El-aJ
JennT r B. White
Assistant County Attorney
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EXHIBIT
Page_? of =
October 26, 2011
DESCRIPTION
PARCEL IN
LOT 44, BLOCK "A"
LAKEWOOD UNIT NO. 5
PLAT BOOK 12, PAGE 66
SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A tract or parcel of land lying in Lot 44, Block "A ", Lakewood Unit No. 5 as recorded in Plat Book
12, page 66, public records of Collier County, Florida, which tract or parcel is more particularly .
described as follows:
Commencing at the Northwest Corner of said Lot 44 thence North 89 °41'05" East
on the north line of said Lot 44 for 100.83 feet to the Point of Beginning.
From said Point of Beginning continue North 89 °41'05" East on said north line for
16.52 feet; thence South 04 °51'24" West departing said north line for 16.48 feet;
thence North 85 °08'36" West for 16.45 feet; thence North 04 °51'24" East for
14.99 feet to the Point of Beginning.
Parcel contains 259 square feet (0.006 acres), more or less.
Bearings hereinabove mentioned are based on State Plane Coordinates, Florida Zone East,
North American Datum of 83 (NSRS 2007) wherein the the north line of Lot 44, Block "A ",
Lakewood Unit No. 5 as recorded in Plat Book 12, page 66, public records of Collier County,
Florida, bears North 89° 41' 05" East.
(Not Valid Without Sheet 1 of 2)
Sheet 2 of 2
ORIGINAL DOCUMENTS CHECKLIST & ROU.TINGSLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #Q 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 #I through #4, complete the checklist and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
i.
appropriate.
(Initial)
&C-) �3
2.
�23 �Z0/ OLtJ ?i ��
Agenda Item Number
3.
?pj
4.
--
�C�r�7t/T
Number of Original
5. Ian >, a ell, BCC Office
Supervisor
Board of County Commissioners
Documents Attached
/21e� 1 Z
6. Minutes and Records
Clerk of Court's Office
_Ry\
I26 /t2
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Phone Number
N/A (Not
Contact
appropriate.
(Initial)
&C-) �3
Agenda Date Item was
�23 �Z0/ OLtJ ?i ��
Agenda Item Number
Approved by the BCC
?pj
Type of Document
--
�C�r�7t/T
Number of Original
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS'Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
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. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
5(*'
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2
All handwritten strike - through and revisions have been initialed by the County - Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
o
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. ,
4. •'
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
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!
6.
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
-
County Attorney's Office has reviewed the changes, if applicable.
is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS'Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
MEMORANDUM
Date: January 27, 2012
To: Hans Russell, Sr. Property Acquisition Specialist
Facilities Management Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Donation Agreement /4638 Chippendale Drive
Folio #53951760006
Attached is the original document to the agreement referenced above (Item
#16B1) approved by the Board of County Commissioners on Tuesday, February
23, 2010.
The original is being kept in Minutes and Records Department as part of
the Board's Official Record.
If you have any questions, please contact me at 252 -8411.
Thank you.