Parcel 102 Perseco CorporationTO:
FROM:
DATE:
RE:
Memorandum
EIlie Hoffman
Records Technician III
Minutes & Records, Management
Cindy Erb ~---~~/~
Real Property Specialist
Real Property Management Department
June 20,2000
Computerized Traffic Signal - Parcel 102 - Perseco Corporation
Please find attached one (1) original re-recorded Traffic Signal Easement and one (1)
original Donation Agreement for the above referenced project.
Please note that we never received the originally recorded Traffic Signal Easement, and
had to get a certified copy of the recorded document in order to re-record the Traffic
Signal Easement. We re-recorded the Traffic Signal Easement in order to correct the
easement interest contained in Subordination, Consent & Joinder of Easement recorded
on June 2, 2000 at OR Book 2682, Page 853 and to correct recording sequence of
documents recorded on June 2, 2000 at OR Book 2682, Page 850-861.
The Board of County Commissioner of Collier County, Florida approved the acquisition
by gift or purchase pursuant to Resolution 2000-145, Agenda Item 16 B 11, dated May
23, 2000, and approved the acquisition by condemnation pursuant to Resolution 2000-
164, Agenda Item 8 B 1, dated May 23, 2000.
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
cc: Tax Appraiser's Office w/attachment
Inventory File w/attachment
Office of the Real Property Management Department
PROJECT: City of Naples/Collier County Computerized Signal System
FOLIO: 00269120006
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between PERSECO CORPORATION, a Florida corporation,
(hereinafter referred to as "Owner"), whose mailing address is 1410 Airport Road North,
Naples, Florida 34104, and COLLIER COUNTY, a political subdivision of the State of
Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for maintenance of traffic signal pole purposes over, under, upon and
across the lands described in Exhibit "A" (said easement 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 an 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.
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 not 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,
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: ~d
AS TO COUNTY:
DATED:~¢
ATTEST:
'D.~IGH_ T;E.::i,BROCK, Clerk
· ::'~.~/.,/~--~/--~/~"z¢'~,,~,DepL~t~ Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER C~A
BY: /'" /~'~',~. ?~ /_/_Z ..~..~
Tim th~3~ cons~/.~b; c~a~'r~'~'/
W~..~f,~SSES: /')
Witness (Signature)
Name: ~4~-~ ~,.~,~.'"~
(Print)
Witness ~'gnature) -
Name: ¢~, ~ t~ ~- ~..¢--_,~
(Print)l
PERSECO CORPORTATION,
a Florida corporation
Approved as to form and
legal sufficiency:
Robert ZachAry
Assistant County Attorney
3
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROSECT: 60171
PARCEL: 102
EXHIBIT 'w"
Pai~___/.__of ~ FOLIO: 00269120006
1 LOT 79
COCONUT RIVER
f~ UNIT ~ P.O.B.
N 89°39'!,,,5,"E ~
~1 240.00' .
, ~ 10'
~o ~
oo - I--
~,- ~,- O
z ~ ~'
I
i S 8,9,°39'15",W, ,
240.00'
OUTRIGGER LANE
LEGAL DESCRIPTION
BEGIN AT THE SOUTHEAST CORNER OF LOT 79 OF THE PLAT THEREOF, COCONUT RIVER UNIT 1
AS RECORDED IN PLAT BOOK 3, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; SAID POINT OF BEGINNING LYING ON THE WEST RIGHT OF WAY LINE OF AIRPORT
ROAD; THENCE S 00°42'05" E ALONG SAID RIGHT OF WAY 20 FEET; THENCE 889"39'15" W
10 FEET; THENCEN 00°42'05" W 20 FE~T; THENCE N 89°39'15" E 10 FEET TO THE POINT OF
BEGINNING.
CONTAINING 200 SQUARE FEET MORE OR LESS.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B, = POINT OF BEGINNING
3) SEC. = SECTION PREPARED BY:
5) RGE. = RANGE ~
, . .... ........
6) R/W = RIGHT OF WAY 'C'~O~LIER COUNTY PUBLIC WORKS
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
Dla-,AWI~I BY ~l'lbL;KbU ~y SCALE DATE FILE NO.
NOT TO SCALE JANUARY 19, 2000 STWR620S SHEET 1 OF 1
2646793 OR: 2684 PG: 3228
RECORDED in OPPICIAL RECORDS of COLLIBR COUNT~, PL
06/09/2000 at 10:51AM DWIGHT H. BROCK, CLERK
~0~-.70
COPIES
REAL PROPERTY
[IT 8991
I~T~R 0~I¢~
15.00
,70
3.00
PROJECT: City of Naples/Collier County Computerized Signal System
FOLIO: 00269120006 2643738 OR:
This properly has been acquired under
threat of eondernnaUon and is erarapt from
documa~ry stamp tax
2682 PG: 0850
RBCOBDID in OFFICIAL !ICORDS 0K COLLIIR COUNTI, FL
OS/021Z000 at 01:26PN DIflGr? B. B~CI[, CLJRK
RSC FIR 15,00
Beth:
IIAL L~Ol~l?!
BIT 8991
I!JT~R O/FIC~
---PUR~SOAHT TO TH~ P/RO~ZSX.O~$_ T~AFFI~ SIGNAL EASEMENT
OF RESOLUTION N~ ~ ~' ~
THIS ~SEMENT, made and entered in~ this ~n~ day ~ ~~
2~, by PERSECO CORPO~ON, a FIo~da ~rpomtion, who~ mail~g addms;
1410 N~o~ Road Noah, Naples, Florida ~104, as Gruner to COLLIER COUNt, a
p~i sunivision of the S~te of Florida, whose mailing address is 3301 Tamiami
Trail East, Naples, Florida ~112, i~ suckssore and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, 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, license, and privilege for installation and maintenance of
traffic signal pole 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 installation and maintenance of
traffic signal pole purposes 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.
PERSECO CORPORATION,
a Florida corporation
I~avl~l Eftekhar, P..~. id~nt
OR: 2682 PG: 0851
STATE OF ~:Lo~.,b~
COUNTY OF _~-'~, ~- ~
The foregoing Traffic Signal Easement was acknowledged before me this ~no(
day of __J~L__~.~, 2000, by David Eftekhar, President, on behalf of Perseco
Corporation, who is personally known to me or who has produced
~F'_~__~ZJvC_.~/_;ce~Jcas identification.
(Affix notadal seal)
~ Gind~ ~ Erb
(Pdnt Name of Notary) .
Commission #~ ~'/
My Commission Expires:
Prepared by:.
Robert N. Zachary, Esfulre
Office of the County Attorney
3301 East Tamland Trail
Naples, Florida 34112
(941) 774-8400
*** OR: 2682 PG: 0852 ***
PUBLIC WORKS ENGINEERING DEPARTMENT
aao1 F.~ST TAMIAMI TRAIL NAPLES. FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
EXHIBIT
PRO3ECT: 60171
PARCEL: 102
FOLIO: 00269120006
LOT 79
COCONUT RIVER
UNIT 1 P.O.B.
a as'a~16'~ ......
240.00'
OUTRIGGER LANE
LEGAL DESCRIPTION
BEGIN AT THE SOUTHEAST CORNER OF LOT 79 OF THE PLAT THEREOF, COCONUT RIVER UNIT 1
A~I ~ IN PLAT BOOK 3, p.a~ ~, OF THE PUBUC R~CORD~ OF COLLIER COUNTY,
FLORIDA; 8ND POINT OF BEGINNING LYlI~ ON THE WES"r RII~'T OF WAY UNE OF AJRPORT
ROAD; THI~N~E 8 0G'4~'06' B ALONG ~AID RIQHT OF WAY 20 FEET; THENCE 889"'~'t ~" W
10 FEET; 'rH~NCEN ~0'42'M' W ~0 FF.~; THENCE N ~3g't6' E 10 FEBT TO THE POINT OF
~EGINNING,
CONTAINING 200 8QUAKE FEET MOIRE OR LE88.
P.O~ - ~T OF B~I~ING
- ~ON
'T--HIP
- me~ ~ wAY ~ORQE
~LIER COUN~ PUBLIC WORK~
D;ST~8 ~ IN FE~
V~D U~e8 81~D ~D 8~D~
~8~ 8~ OF A ~10~ ~D 8UR~OR
~OT TO SCALE J~UARY