Parcel 622, 822PROJECT: Immokalee Road Sidewalk/69101
PARCEL: 622,822 / School Board
FOLIO: 00194800006
RECEIVED
MAR 2 9 2001
ILEAL PROPERTY F,4i~'.
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between THE DISTRICT SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA, (hereinafter referred to as "Owner"), whose mailing address is 3710
Estey Avenue, Naples, Florida 34104, and COLLIER COUNTY, a political subdivision of the
State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 East
Tamiami Trail, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for the purpose of construction, installation and maintenance of a
sidewalk, fill slope and drainage facility (the "Easement") over, under, upon and across the
lands described in Exhibit "A" (hereinafter referred to as the "Easement Area"), which is
attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Easement 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
Easement to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no consideration shall be due and payable for the Easement
requested by County except as explicitly set forth in the Easement; 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 grant the Easement to the County via a Sidewalk, Slope and Drainage
Easement, a copy of which is attached hereto and made a part hereof as Exhibit "B", for no
consideration other than as explicitly set forth in said document
2. Prior to acceptance of the Easement by the County, Owner shall obtain from the
holders of any liens, exceptions and/or qualifications encumbering the Easement Area, the
execution of such instruments which will remove, release or subordinate such encumbrances
from the Easement Area 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
acceptance by the County.
3. This Agreement shall be null and void, and of no further force or effect, unless
acceptance 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 use of the Easement Area.
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. 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.
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 Easement 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 Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC:
AS TO COUNTY:
"'~ ';G~'~;~;' ...'",Deputy Clerk
si ~at~ ~]~..
BOARD OF COUNTY COMMISSIONERS
B Y:j AM E"~~m a n
WITNESSES:
First Witnes.~/:e)
Name: /-~/../P~E~ /'~./9L~
./~ (Pri~/~or Type) '
Second_~itn~ss (S/~.q)n atu re)
Namel/.Z~rgr~' ~-- (~-r~-] ;; ~,~ _
(Print or type)
DISTRICT SCHOOL BOARD OF COLLIER
COUNTY FLORIDA
By: ~2~ ! i,
AN-NE GOODNIGHT, CHAIR
ATTEST:
Dr. Dan W. White, Superintendent of Schools and
Ex-Officio Secretary
Approved as to form and
legal sufficiency:
Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(g41) 774-8102
EXHIBIT /~.
Page [ of !
SKETCH OF DESCRIPTION
NOT A SURVEY PROJECT NO ................ 09101
PARCEL NOS ......... 622 & 822
FOLIO NO ........... 001 g4800005
NORTHEAST CORNER
SEC. 28, TWp. 48,RGE. 2§E,
COLLIER COUNTY, FLORIDA.
....... ~4~o~5~ ....................
IMMOKALEE ROAD C.R. 846 (100' R\W)
LU
PARCEL 622
15' N BE° 1§' 32" W _~_ 591.54, _~t0, 10' 75[~
352 .SO;"'"'--i' b'"g'~ '.15'~'- .......... 901 .?g' '"'~ 6b"'
-" -367.-~" --' j __ _-1 ggT.Tg'
~"~--~15' -- 551'*4'7 lo'~-- ml.~ -- ----~
PARCEL 822
DESCRIPTION PARCEL 622;
THE SOUTH 15 FEET OF THE NORTH 180 FEET OF THE WEST 367.58 FEET OF THE EAST 1980.89
FEET; AND THE SOUTH 15 FEET OF THE NORTH 165 FEET OF THE WEST 591,54 FEET OF THE EAST
1628.33 FEET; AND THE SOUTH 15 FEET OF THE NORTH 176 FEET OF THE WEST 991.79 FEET OF
THE EAST 1051.79 FEET; AND THE SOUTH 15 FEET OF THE NORTH 165 FEET OF THE EAST 75 FEET
OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RAN(3E 26 EAST, COLLIER
COUNTY, FLORIDA. CONTAINING 30,388 SQUARE FEET OR 0.898 ACRES MORE OR LESS.
DESCRIPTION PARCEL 822-' (SLOPE & DRAINAGE EASEl',lENT)
THE SOUTH 16 FEET OF THE NORTH 196 FEET OF THE WEST 382.56 FEET OF THE EAST 1980.89
FEET; AND THE SOUTH 15 FEET OF THE NORTH 180 FEET OF THE WEST 551.54 FEET OF THE EAST
1513.33 FEET; AND THE SOUTH 16 FEET OF THE NORTH lg0 FEET OF THE WEST 1021.79 FEET OF
THE EAST 1066.7g FEET; AND THE SOUTH 15 FEET OF THE NORTH 180 FEET OF THE EAST 60 FEET
OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, CONTAINING 30,388 SQUARE FEET OR 0.898 ACRES MORE OR LESS.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4,) TWP. = TOWNSHIP
§) RGE. = RANGE
§) R/W -- RIGHT OF WAY
?) ALL DISTANCES ARE IN FEET AND DECIMAL8 THEREOF
8) NOT VALID UNLEES SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
PREPARED
GEORGE R. RICHMOND. ; '
PRO~EESIONAL LAND
PUBLIC
WORK8
COLLIER COUN~ GOVERNMENT COMPLEX
3301 ~ST T~IAMI T~IL ' '
NAPLES, FLORIDA ~112
IMR122SW [.' SHEET 1 OF 1
EXHTBIT "B"
PAGE 1 OF 2
pROJECT: Immokalee Road Sidewalk / 69101
PARCEL: 622 & 822 / School Board
FOLIO: 00194800006
SIDEWALK, SLOPE AND DRAINAGE EASEMENT
THIS EASEMENT, made and entered into this .~ day of f,&~,~;~ ,2001,
by the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, whose mailing
address is 3710 Estey Avenue, Naples, FL 34104, as Grantor, and COLLIER COUNTY, a
political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami
Trail, Naples, Florida 34112, its successors and assigns, as Grantee.
(Wherever used herein, the terms "Grantor" and "Grantee" include all 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 easement for the purpose of construction, installation and maintenance of a
sidewalk, fill slope and drainage facility upon, under and across 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.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to
enter upon said land, place, excavate, and remove materials for the purpose of
constructing and maintaining a sidewalk, fill slope and drainage facility 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.
WITNESSES:
First Witness'..Signature
Print Name
___Second Witrj. qss Signature
Print Name
The District School Board of Collier County, Florida
By: air
PAGE 2 OF 2
ATTE~
Dr. Dan W. White, Superintendent of Schools and
Ex-Officio Secretary
STATE OF FLORIDA
COUNTY OF
The foregoing Easement was acknowledged before me on this )~ day of ~ ,
2001, by Ann Goodnight, as Chair, of The District School Board of Collier County, Florida, on
behalf of The District School Board of Collier County, Florida. She is e~nal_!¥ known to m~e or
who has produced as identification.
(Affix Notarial Seal)
(Signature o f Notary t~jt.bJkc)
SHARON
(Print Name of Notary-Public)
NOTARY pUBLIC
Serial/Commission No. ff-
My Commission Expires:.