Unit 3 Drainage & Maint. Easmt.TO:
FROM:
DATE:
MEMORANDUM
Ellie Hoffman, Senior Clerk
Clerk of Courts/Minutes & Records Management
Emie W. Kerskie, Senior Property Acquisition Specialist
TECM/Right of Way
March 11, 2002
Fountains 3 Condominium, Fountains 5 Condominium
Drainage & Maintenance Easement
Please find attached two (2) original recorded Easements for the above referenced
project and two (2) original Agreements.
The Board of County Commissioners of Collier County, Florida
recordation and acceptance of same on March 27, 2001, Item 16(B)(2).
Please contact me if you have any questions or comments at 213-5846.
Thank you.
attachments as stated
cc: Inventory File w/attachment
approved the
2771376 OR: 2798 PG: 3471 lll 15.00
R~AL PROPERTY RECORDED in the OPPICIAL RECORDS of COLLIER COUNTY, FL DOC-.70 .70
EXT 8991 03/30/2001 at 02:51PM DWIGHT E. BROCK, CL~RK COPIES 3.00
INTER
PROJECT: FOUNTAINS/RIVIERA GOLF ESTATES
PARCEL: FOUNTAINS UNIT 3
16fl2
THIS EASEMENT, made and entered into this S/ day of c/~ ,..~o~:::~,
2000, by THE FOUNTAINS UNIT III, INC., a Florida Corporation not-for-profit, a/k/a
.-F,H_E, FO?,NT~A.I.N.S UN ,T, NO 31. NC whose address is 32S C.;,u;;u;;;u~::e ~o::'--::=---.:~?'~:.~ ~._;~..~,,
,.a~,~.~., r- .;-;----2, as Grantor to COLLIER COUNTY, a political subdivisio.',.,..,,-~, '
State of Florida, whose mailing address is 3301 Tamiami Trail
East,
Naples,
Florida
34112, its successors 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.)
WlTNESSETH:
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 access and maintenance 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 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 the purpose of accessing,
constructing, operating and maintaining the existing adjacent drainage and utility
facilities. 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.
IN THE PRESENCE OF:
(Print Name)
SECOND WITNESS (Signature)
(Print Name)
THE FOUNTAINS UNIT III, INC., a Florida
Corporation not-for-profit, a/k/a THE
FOUNTAINS UNIT NO.~3, INC.
Pru~q~ent or Vice President
OR: 2798 PG: 3472
STATE OF FLORIDA
COUNTY OF COLLIER
16 2
The foregoing Easement was acknowledged before p!e this "2-~ ¢ day of
.-3-,J%.¥'- ,2000, by ¢,-,..fl~-~¢ C, ~d~.%l/ ¢~ ~ '1 (Na--r~e--~itle), on behalfof
Th~~~ Inc., a F!o~on not-for-profit, a/Ida The Fountains Unit
No. 3, Inc., andk~ho is personally known to m%'!or has produced
[type of Identification] as identification.
(Affix notarial seal) '"~" L~O g-,~-~,- _
Ernest W, Kerskie
Ezl:d~ ~ 21, 2002
BONDED THRU
~TLA~C ~ONDI~G ~ '
(Sig~ture of Notag
(Print Name of Notary)
Commission # C(~ -/
My Commission Expires:
Prepared by: ~ ~
Robert N. Zachary, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** OR: 2798 PG: 3473 ***
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
EXHIBIT,,, A
Page ! .... o[I
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO .........................
PARCEL NO ......
FOLIO NO ..............................
16B2
THE FOUNTAINS UNIT 3
THE WEST 45 FEET OF THE EAST 75 FEET OF THE SOUTH 270 FEET OF TRACT
"K" OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES
TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104-108 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
L~IEORGE R. RICHMOND
PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 1
PROJECT:
PARCEL:
Fountains/Riviera Golf Estates
Fountains Unit 3
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between, THE FOUNTAINS UNIT III, INC., a Florida Corporation
not-for-profit, a/k/a THE FOUNTAINS UNIT NO. 3, INC. (hereinafter referred to as "Owner"),_
whose mailing address is-325 C ,h -= ..- ': ~ :?. -= ~ :-.- -: Dou':eva.~-d, ~'-~p~e~, FL 34~ ~,- and COLLIER-
COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Count"
whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County an Access and
Maintenance Easement for the right to enter upon said land, excavate, and place or remove _~:~
materials for the purpose of accessing, constructing, operating and maintaining the existing
adjacent drainage and utility facilities. The Access and Maintenance Easement shall be
over, under, upon and across the lands described in Exhibit A (said Access and
Maintenance 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. 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.
3. The Closing ("Closing") of the transaction shall be held on or before ninety (90)
days following execution of this Agreement by the County, unless extended by mutual written
agreement of the parties hereto.
4. 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.
5. The County shall pay for all costs of recording the conveyance instrument in
transaction in the Public Records of Collier County, Florida. Any and all other costs shall be
paid by Owner.
6. 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
16 2 ,
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.
7. 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 6. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
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. 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:
..-'"'ii,'DAiED: d~ 7Z~/
ATTEST: :'-':'. i: i
DWIGHT E. BRECK Clerk
~':~_,7--~:E";~//~/~'~')~,G6/, Deputy Clerk
Attest as to Chalrm~'$
s~g~ature
BOARD OF COUNTY COM~SSIONERS
BY:Jame~~rm--~n
AS TO OWNERS:
FirSt V~/itfiess (Signature)
(Print or Type)
§e~;~)nd'Wi~ne-ss (~ign~ature)
Name: ~;~.~.~.~.Z ~
(Print or Type)
The Fountains Unit III, Inc., a Florida
Corporation not-for-profit, a/k/a The
Fountains Unit No.~c.
, N-a-m~Fitle
Name:
(Print or type)
Approved as to form and
legal sufficiency:
Ro6ert2~h~ry
Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112.
(941) 774-8192 1
EXHIBIT,
Page, / , of~..
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO .........................
PARCEL NO ......
FOLIO NO ..............................
THE FOUNTAINS UNIT 3
THE WEST 45 FEET OF THE EAST 75 FEET OF THE SOUTH 270 FEET OF TRACT
"K" OF THE PLAT THEREOF, RIVIERA COLONY GOLF ESTATES
TRACT MAP AS RECORDED IN PLAT BOOK 10, PAGES 104-108 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 1