Parcels108 & 109 Poinciana AptsINTEROFFICE MEMORANDUM
TO:
FROM:
DATE:
RE:
Sue Filson, Administrative Assistant
Board of County Commissioners
Cindy r ,~/~1 Property Specialist II
Real Property Management Department
August 14, 2000
Computerized Traffic Signal - Parcels 108 & 109 - Poinciana Apartments, Inc.
Attached you will find one (1) Donation 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 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, and 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:
PROJECT:
PARCELS:
FOLIO:
Computerized Signal System
108 & 109
6799336OOO7
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between POINCIANA APARTMENTS, INC., a Florida not-for-profit
corporation, (hereinafter referred to as "Owner"), whose mailing address is c/o Robert Hall &
Associates, 1100 5TM Avenue South, Suite 201, Naples, Florida 34102, 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.
WlTNESSETH:
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 a Traffic Signal 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
3.
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 County. 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.
t0. 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: May 23. 2000
AS TO COUNTY:
DATE D :~~f,~.*~-/~~
ATTEST:
-DWtGHT E.-,BROCK, Clerk
~ttest as to Chatmma'$
$$gsature, only;
2
BOARD OF COUNTY COMMISSIONERS
COLLIER COU~RI DA
T~tf~y J. Cor~'ntine,tC'hairman
AS TO OWNER:
(,~f'atu r~))
(P~ame).
(Print Name)
POINCIANA APARTMENTS, INC., a
Florida not-f~,~Dennis McGIoin, President
Approved as to form and
legal sufficiency:
~/Ellen T. Chadwell
Assistant County Attorney
3
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROOECT (a d/ 7/
PARCEL5
EXHIBIT ......
FOLIO
P&ge_ I _~f
LEGAL DESCRIPTION
THE NORTH 20 FEET OF THE EAST 10 FEET AND THE NORTH 10 FEET OF THE SOUTH 130 FEET
OF THE EAST 10 FEET OF LOT 3, BLOCK "A" OF THE PLAT THEREOF POINClANA VILLAGE UNIT 1, AS
RECORDED IN PLAT BOOK 8, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION P~ED BY:
....... .........
~d~ORGE R. RICHMOND P.L.S. 2406
6) RJW = RIGHT OF WAY COLLIER 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
DI~AWN BY ~HE,~.KI=D BY SCALE DATE FILE NO.
NOTTO SCALE JANUARY 18, 2000 STWR563 SHEET 1 OF 1
TO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb ¢~~'
Real Propertly Speci(Jlist II
Real Property Mana,{lement Department
August 24, 2000
Computerized Traffic Signal - Parcel 108 & 109 - Poinciana Apartments
Please find attached one (1) original recorded Traffic Signal Easement for the above
referenced project.
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 Off.ice w/attachment
Inventory File w/attachment
Office of the Real Property Management Department
PROJECT: Computerized Signal System
PARCELS: 108 & 109
FOLIO: 67993360007
Prepared by:~ All
Ellen T, Chaaw~ , Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
2676477 OR: 2710 PG: 2832
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
08/I5/2000 at 01:237M DWIGHT E, BROCK, CLERK
REC
Retn:
REAL PROPERTY
EX? 8991
INTER OFFICE
COPIES
' RI$-coNV£YANCI!"'ACC£P?£I) BY THq
BOARD OF tourfry COMMISSIOHERS,
CO).LIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. j~,)-/V~
TRAFFIC SIGNAL EASEMENT
THIS EASEMENT, made and entered into this ~___ day of x~. ,
2000 by POINCIANA APARTMENTS, INC., a Florida not-f~'profit~corporation,
(hereinafter referred to as "Owner"), whose mailing address is c/o Robert Hall &
Associates, 1100 5~H Avenue South, Suite 201, Naples, Florida 34102, 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.
i5.00
3.00
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WlTNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration given 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 installation and
maintenance of traffic signal pole purposes as part of a Computerized Signal System
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 IS NOT HOMESTEAD PROPERTY.
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.
(Print Name)
POINCIANA APARTMENTS, INC., a
Florida not-for-profit corporation
" ennis McGioin,?~~ent
This property has been acquired under
threat of condemnation and is exempt from
documentary stamp tax
OR: 2710 PG: 2833
STATE OF /"~.~,
COUNTY OF' ,~.~ ~
~.The forego. Lgg Traffic Signal Easement was acknowledged before me this
day of ~/.~t_A'C, 2000, by Dennis McGIoin, President, on behalf of
POINCIANA APARTMENTS, INC., a Florida n~t-for-profit corporation, who is personally
known to me or who has produced/~/~',~/5~,3~-/.~.~TD as identification,
(Affix notarial seal)
(Print Name of Notary).
Commission # A/~'~'
My Commission Expires:/(__.)/~.,~r~'3..~.~
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROOECT (t 6./'7
PARCEl5/..0.<9-.~
EXHIBIT FOLIO [,,'77 ],~,~G_ ~o'7
P~....J.__of~
LEGAL DESCRIPTION
THE NORTH 20 FEET OF THE EAST 10 FEET AND THE NORTH 10 FEET OF THE SOUTH 130 FEET
OF THE EAST 10 FEET OF LOT 3, BLOCK "A" OF THE PLAT THEREOF POINCIANA VILLAGE UNIT 1, AS
RECORDED IN PLAT BOOK 8, PAGE §1, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION PRE/,~ED BY:
Z) ALl_ DISTANCES ^RE IN F~ET AND DEGIM^I_8 THEREOF 3301 E. TAMIAMI TRAIL
8) NOT VALID UNLE$~ ~I~NED AND SEALED WITH THE NAPLES, FLORIDA 3~11 ~
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DFU~WN BY " [;H~I[.;KEI~ BY SCALE DATE FILE
NOT TO SCALE JANUARY 18. 2000 STWR563 SHEET 1 OF 1: