Hibiscus Donation AgreementCOLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
TO:
~~-3, 2004
Sue Filson, Executive Manager - BCC
FROM:
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
Hibiscus Golf Course Drainage Easement, folio 5515004004
Attached please find the Donation Agreement for a Perpetual, Non-Exclusive Easement
for installation of a culvert pipe at Hibiscus Golf Course.
This property is part of the acquisition approved by the BCC pursuant to a Gift and
Purchase Resolution No. 2003-238, dated July 29th, 2003. The Agenda Item Number was 16B-
12, for properties located within the Lely Area Stormwater Improvement Project.
Please sign this Agreement on behalf of the Purchaser (BCC) and forward to the Board
Minutes and Records for attestation by the Clerk.
Thank you!
PROJECT: Hibiscus Golf Course
FOLIO: 5515004004
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred t,o as the "Agreement") is made
and entered into this .__~¢'~ 'day of ~,~_¢L r~___, 200~, by and between Wells Fargo
Bank Minnesota, Nat'ional Association, a National Banking Association, formerly
known as Norwest Bank Minnesota, National Association, as Trustee under that
certain Pooling and Servicing Agreement, dated as of November 11, 1998, by and
among Credit Suisse First Boston Mortgage Securities Corp. (Depositor) and Norwest
Bank Minnesota, National Association, among others (for Depositor's Commercial
Mortgage Pass-Through Certificates, Series1998-FL2), (hereinafter referred to as
"Owner"), whose mailing address is c/o Lennar Partners, Inc. (CSFB-98FL-2),Suite 700,
1601 Washington Avenue, Miami, FL 331~q 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 County a Perpetual, Non-
Exclusive Easement for the purpose of installing a new culvert pipe 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; and
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 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 (said transaction hereinafter referred to as the
"Closing") 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
subordinate such encumbrances to 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. 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 securing and
recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded
against the Property from the mortgagee(s). The cost of a title commitment shall be paid by
County.
6. 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.
7. 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.
8. This Agreement is governed and construed in accordance with the laws of the State
of Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
L~r~ dayof rFCb,~vLtx-~. ,200~i.
AS TO COUNTY:
DATED:
ATTEST:
Dwight E:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
AS TO OWNER:
Wells Fargo Bank Minnesota, National
Association, a National Banking Association,
formerly known as Norwest Bank Minnesota,
National Association, as Trustee under than
certain Pooling and Servicing Agreement, dated
as of November 11, 1998, by and among Credit
Suisse First Boston Mortgage Securities Corp.
(Depositor) and Norwest Bank Minnesota,
National Association, among others (for
Depositor's Commercial Pass-Through
Certificates, Series 1998- FL2)
WITNESSES:
_~atu re~"
(Print Full Name)
BY: LENNAR PARTNERS, INC., its
Attorney-if-fact
By: Vice President
Name: ~R'J'~ ' L_ ~ I-I
(Print or Type)
(Signature)
(Print Full Name)
Approved as to form and
legal sufficiency:
~~ J~ ....
H~idi Ash'ton'
Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
2685 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34112
(239) 659-5773
Page. / of_
LEGAL DESCRIPTION (NOT A SURVEY)
A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, AND BEING A PORTION OF THE PLAT THEREOF, LELY GOLF ESTATES TRACT MAP AS RECORDED
IN PLAT BOOK 10, PAGE 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHWEST CORNER OF LOT 14, BLOCK 6, LELY GOLF ESTATES UNIT TWO, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S 08°23'30'' W 120.00' TO THE
POINT OF A NON-TANGENTIAL CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A
RADIUS OF 566.58 FEET, A CENTRAL ANGLE OF 19°16'14'', AN ARC LENGTH OF 188.91', AND A
CHORD WHICH BEARS N78°31'23'' E TO ITS POINT OF TANGENCY; THENCE N 79°17'16'' E 100.82
FEET; THENCE S 02°19'44'' E 596.86 FEET; THENCE S 78°24'12'' W 204.67 FEET; THENCE
N 71°13'07'' W 59.32 FEET; THENCE N78°24'12'' E 250.61 FEET; THENCE N 02°19'44" W 556.51
FEET; THENCE S 79°17'16'' W 89.24 FEET TO THE POINT OF A TANGENTIAL CURVE TO THE RIGttT
}lAVING A RADIUS OF 576.58 FEET, A CENTRAL ANGLE OF 19°16'14",AN ARC LENGTH OF 192.25'
FEET AND A CHORD WHICH BEARS N 78°31"23" W TO ITS POINT OF TANGENCY; THENCE N81°36'30'' W
10.00 FEET; THENCE N 08°23'30" E 130.00 FEET; THENCE S 81036'30.. E 10.00 FEET TO THE POINT
OF BEGINNING.
CONTAINNING 16,752 SQUARE FEET OR 0.385 ACRES MORE OR LESS.
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
TRANSPORTATION ENGINEERING DEPARTMENT.
2685 SOUTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
SHEET 1 OF 2
TRANSPORTATION ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION EXHIBIT
II
NOT A SURVEY
. ---~ 8~ P.O.B.N.W. COR LOT 14
BLOCK 6,
CURVE !
RADIUS 566.58'
C.A. 19°16'14,.
LENGTH 188.9 I'
CHORD N88o50,2Y,E C'-I
CURVE 2
RADIUS 576.58'
LENGTH 192.25'
CHORD S88o50,23. W
<
TRACT "A"
PLAT BOOK 10
i
10'7
- ~o'DT,~,,W 204.63'
~ENEFIAL NOTES ~v s18°~6 ~
1) P.O.G. = POINT OF GOMMENCEMENT
2) P.O.B. ~ POINT OF BEGINNING
:3) ~EG. = 8EGTION
4) TWP. = TOWN~HIP
§) RGE. -- RANGE
t5) ~ = FLIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLE~ SI~NED AND SEALED WITH THE
EMRO$SED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY CHECKED BY SCALE DATE FILE NO.
NOT TO SCALE SHEET 2 OF 2