3078 Tamiami Trail E - Harmony Shores Easement & Donation Agreement INSTR 5330671 OR 5330 PG 2371
RECORDED 11/3/2016 1:20 PM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
PROJECT: CAT ADA Grant DOC@.70$0.70 REC$27.00
PARCEL: 3078 Tamiami Trail E.
FOLIO: 61841680000
EASEMENT
THIS EASEMENT, made and entered into this 7 day of QC-/o —'---
2016, by HARMONY SHORES MHP, LLC a Florida limited liability company, whose
mailing address is 62 Mango Drive, Naples, FL 34112, as Grantor to COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335
Tamiami Trail East, Suite 101, Naples, Florida 34112, 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, unobstructed easement, license, and privilege to construct,
operate, maintain, repair and replace, both above and below the surface of the ground,
paving and facilities associated with a bus stop and shelter, 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 GRANTOR'S 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 the purpose of constructing,
operating and maintaining paving and bus stop facilities thereon. Grantor and Grantee
are used for singular or plural, as the context requires. The easement granted herein
shall constitute an easement 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:
Wig ~— - / HARMONY SHORES MHP, LLC
li• -s #1 a re) a Florida limited li bility company
Cmc_-,,{- rc,� 90j-fel—
Witness #(Print Name) By:
AdyttecifArykitii Print: y,,,.,rP c om- .44..ss
Witness #2 (Signature) Its: AAar s0.S�,•.._
116 c YLe ILL_V^ .
Witness #2 (Print Name)
0
STATE OF thrid t
COUNTY OF Co ((/ <- ✓
The foregoing Easement was acknowledged before me this 7 day of ( c;/o ,-- ,
2016 by -f 4f d ( .47r.r,i e as 11,10-,4,9�',r of Harmony Shores
MHP, LLC, 'who is [ �C ]personally known tome or who has [ ]produced
as identification.
Witness my hand and official seal his l day of (9c,kher , 2016.
(affix notarial seal)
(Signature of Notary Public)
:''', TINA M.ELLIOTT /_�r f
�‘fir Notary Public-State / r /7 — i�7 / // /0
'
'� �` Commission/IT 213491 (Print Name)
My Comm.Expires Awl.2019
Bonded NOTARY PUBLIC
Serial/Commission #: IF 2,2,3W
My commission expires:
Approved as to form and legality:
"s)CX—:\)- 5)\—
Jennifer A. BeldioS` e
Assistant County Attorney
This conveyance accepted by the
Board of County Commissioners,
Collier County, Florida, pursuant to
Agenda Dated:/c/L0 I0 Item:/6,T2414
-1,F•D‘n 20\b- 12 `-
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EXHIBIT A os
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st9% POB DESC.
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SOUTHERLY RIGHT—OF—WAY
OF US 41 TAMIAMI TRAIL
3 S38'02'24'W 1.00' �S,OO
✓ PARCEL NO. 61841680000 A9
0 OR 4508, PG 1329 0
o 0
-0 POC DESC.
° INTERSECTION OF DIVIDING LINE
06
o OF LOTS 120 AND 122
0 AND SOUTHERLY RIGHT—OF—WAY
OF US 41 TAMIAMI TRAIL
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V DESCRIPTION
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A3 A PARCEL OF TRACT OF LAND LYING SECTION 1 1, TOWNSHIP 50
w SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
A PARTICULARLY DESCRIBED AS FOLLOWS:
> COMMENCING AT THE POINT WHERE THE DIVIDING LINE BETWEEN
Q. LOTS 120 AND 122 OF NAPLES GROVE AND TRUCK COMPANY'S LEGEND
E LITTLE FARM NO. 2 AS RECORDED IN PLAT BOOK 1, PAGE 27, C = CHORD LENGTH
ii PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA INTERSECTS THE CB = CHORD BEARING
Q SOUTHERLY RIGHT—OF—WAY LINE OF US 41 TAMIAMI TRAIL THENCE DESC. = DESCRIPTION
U N.52°00'49"W. ON SAID SOUTHERLY RIGHT—OF—WAY LINE FOR 168.04 INST. = INSTRUMENT NUMBER
• FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED L = ARC LENGTH
PARCEL; OR = OFFICIAL RECORDS BOOK
THENCE S.38°02'24"W., DEPARTING SAID SOUTHERLY RIGHT—OF—WAY POB. = POINT OF BEGINNING
LINE FOR 1.00 FEET; POC. = POINT OF COMMENCEMENT
6 THENCE N.52°00'49"W., FOR 7.00 FEET; R = RADIUS
O A = DELTA ANGLE
Q THENCE N.38°02'24"E., FOR 1.00 FEET TO AN INTERSECTION WITH
8 SAID SOUTHERLY RIGHT—OF—WAY LINE; igjstOxI8l8i/,ll_
• THENCE S.52°00'49"E. ON SAID RIGHT—OF—WAY LINE FOR 7.00 FEET 1vvvn� r.19 `�' 4i�, �,
o TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; a;`a`�C €s�'NOE `kf •••••, /• �':'
5 CONTAINING 7 SQUARE FEET OR 0.00 ACRES, MORE OR LESS. 2 �'� 6763 V''
8-• BEARINGS HEREINABOVE MENTIONED ARE BASED ON SAID SOUTHERLY .t► 0 •' M1 v
Y RIGHT—OF—WAY LINE TO BEAR N.52°00'49"W. e
(9--.2
J - - fAp ' 1
TIMOTHY J. DEVHIE
• NOTES: PROFESSIONAL SURV`E'?2R"AlID 171A-PPER
1. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO FLORIDA CERTIFICATE NO. t.S_67&8
N 4. ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT NOT VALID WITHOUT THS `IG,NA;TL!RE-AND THE
N PARCEL. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
COLLIER AREA TRANSIT 6610 Willow Park Dr.,Suite 200
BUS STOP EASEMENT (ID 63) IJA41 Naples,Florida 34109
LYING IN Phone(239)597-0575
SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST Fax:(239)597-0578
LB No.:6952
COLLIER, COUNTY, FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
150038.00.01 0 11 50 25 1"=5' 06/17/16 TJD 150038.00.01 SD 1 OF 1
PROJECT: CAT ADA EASEMENT
PARCEL: 3078 Tamiami Trail East
FOLIO: 61841680000
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between HARMONY SHORES MHP, LLC, a Florida limited liability
company (hereinafter referred to as "Owner"), whose mailing address is 62 Mango Drive,
Naples, FL 34112, and COLLIER COUNTY, a political subdivision of the State of Florida,
(hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East,
Suite 101, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for the purpose of constructing, operating, maintaining repairing and
replacing paving and facilities associated with a bus stop and shelter over, under, upon and
across the lands described in Exhibit "A" hereinafter referred to as the "Property"), which is
attached hereto and made a part of this Agreement;
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;
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,
1
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 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
2
IN WITNESS WHEREOF, the parties have caused these presents to be executed as
of the date and year set forth below.
AS TO COUNTY:
DATE ACQUISITION APPROVED BY BCC: i 0/2-Cit ('
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLI:' COUNTY, LORIDA
`f t. i alb` BY: - /
i Chairman's
,Deputy I ONNA FIALA , Chairman
Attest as to Cha __. ..Ni.
signature only.
AS TO OWNER:
DATED: /,p 9 /C.
WITNESSES:
....- ii?'--- A 71Z7 .
Witness (Sign ) HARMONY SHORES MHP, LLC
A Florida limited liability company
Name: "
arke, VQ•94-er(Print) i
-/)21/ f, C,.,l[ title/&-G By. - ---
Witness (Signature)
f Print: AVA....,,4p CfR2"-c,at"
Name: lchl 1 x_ Ril Cis
(Print) Its: /OK:1.J A. s C-) _.
Approved as to form and
legality:
. C_Tk..----- -))?c---2-'\' a, - -P
Jennifer A. Belpedioy CJ' s
Assistant County Attorney C6\`
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PARCEL NO 81841 6a0000
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DESCRIPTION
A PARCEL OF TRACT OF LAND LYING SECTION 1 TOWNSHIP 50
r., SOUTH, RANGE 25 EAST, COLDER COUNTY, FLORIDA, BEING MORE
el PARTICULARLY DESCRIBED AS FOLLOWS:
t'
t COMMENCING AT THE POINT WHERE THE DIVIDING LINE BETWEEN , _
0, LOTS 120 AND 122 OF NAPLES GROVE AND TRUCK COMPANY'S 1 LEGEND ;
LITTLE FARM NO. 2 AS RECORDED IN PLAT BOOK 1, PAGE 27, C = CHORD LENGTH
= CHORD BEARING PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA INTERSECTS THE CB
'• SOUTHERLY RIGHT-OF-WAY LINE OF US 41 TAMIAMI TRAIL THENCE DESC. = DESCRIPTION
= INSTRUMENT NUMBER N.5200.49"W. ON SAID SOUTHERLY RIGHT-OF-WAY LINE FOR 168,04 INST.
L = ARC LENGTH
-= FEET TO O
PARCETHE POINT OF BEGINNING OF THE HEREIN DESCRIBED
R = OFFICIAL RECORDS BOOK
i L;
PG = PAGE
THENCE S.380224'W., DEPARTING SAID SOUTHERLY RIGHT-OF-WAY pog. = POINT OF BEGINNING
S. LINE FOR I DO FFET;
E • • POC. = POINT OF COMMENCEMENT
3 THENCE IN.5200'49-W., FOR 7.00 FEET: R = RADIUS
A A = DELTA ANGLE
4 THENCE N.38'02'24"E„ FOR 1.00 FEET TO AN INTERSECTION wITH —
Fc SAID SOUTHERLY RIGHT---01-WAY LINE;
THENCE S c200'49"E. ON SAID RIGHT-OF-WAY
LINE FOR 7.00 FEET
-
..: TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 7 SQUARE FEET OR 0.00 ACRES. MORE OR LESS.
,-,
BEARINGS HEREINABOVE MENTIONED ARE BASED ON SAID SOUTHERLY
‹--,
,•-•:, RIGHT-OF-WAY LINE TO BEAR N.5200'49'W.
C
TIMOTHY J. DEVRIES DATE
NOTES: PROFESSIONAL SURVEYOR AND MAPPER
THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS 10 FLORIDA CERTIFICATE NO. LS 6758
,.. -ZONING OR DEVn OPmENT RESTRICTIONS ON THE SUBJECT NOT VALID WITHOUT THE SIGNATURE AND THE
PARCEL. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER, THIS IS NOT A SURVEY.
COLLIER AREA TRANSIT
6610 Willow Park Dr.,Suite 200
BUS STOP EASEMENT(ID 63) . .a16"ki Naples,Florida 34109
LYING IN
PFh°72(23:55
59977-0057785
SECTION 11,TOWNSHIP 50 SOUTH, RANGE 25 EAST ax
LB No.:6952
COLLIER,COUNTY,FLORIDA ENGINEERING
3012 NUMBER REVISION SECTION lOWNSHIP RANCE SCALE DATE DRAWN BY FILE NAME SHEET
150038.00.01 0 11 _ 50 25 1'=5' 06/17/16 TJD 150038.00.01 SD 1 DE 1