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Marquesa Plaza Donation Agreement PROJECT: #60016 PARCEL No(s): FOLIO No(s): Portion of 00287480003 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 21rd day of March , 2006, by and between MARQUESA PLAZA, llC, a Florida limited liability company, formerly known as LAS PALMAS, LLC, whose mailing address is 11983 Tamiami Trail North, Suite 100, Naples, FL 34110 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a fee simple interest in that certain portion of property more particularly described in Exhibit "A", attached hereto and made a part of this Agreement, and also a perpetual, non-exclusive Sidewalk, Drainage and Utility Easement over, under, upon and across the lands described in Exhibit "B", attached hereto and made a part of this Agreement (said fee and easement interests hereinafter collectively referred to as the "Property"); 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. 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 . All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of both a properly executed Warranty Deed and Sidewalk, Drainage and Utility Easement) is hereinafter referred to as the "Closing." 3. 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. 4. 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. 5. 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. 6. County shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property. Agreement Page 2 7. 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. 8. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this 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. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. W.ITN. E..... SS.. ES:. =~S;;; =---:==:-L~<C;:V- ~~ ftlr.....; PA-Ji- t.C~ -TZr (Print Full Name) ic~ (JlitlLt tJ ~iccr1l/) (Signature) ~lr<.j . Hnn<- {. I( cn"S (Print Full Name) MARQUESA PLAZA, LLC, a Florida limited liability company, formerly known as Las l6;C By: Steven Hovland Managing Member STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ;), ~~ day of -YYLal/.,~k. , 2006 by STEVEN HOVLAND, as Managing Member of Marquesa Plaza, LLC, a Florida limited liability company, formerly known as Las Palmas, LLC, who: ~ is personally known to me OR has produced as proof of identity. (affix notarial seal) -~I1-u- (2 k*-L t: .-t.-C~::J (Signature of Notary Public) L () '::. " . r-t11f1< L. or f r. h '\ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # (if an~ DD 431;, 10:' My Commission Expires: c.. U'--u I. ;;lOC/] NOTARY PUBUC-STATE OF FLORIDA ~. Lori-Anne L. Irons . __ "." I"." " ;/~~~~~~~E Dgl:3~6o~ Bonded Thru Atlantic Bonding Co., Inc. Agreement AS TO COUNTY: DATED: March 23, 2006 Approved as to form and legal sufficiency: ~fa 11~~ Ellen T. Chadwell Assistant County Attorney Page 3 BOARD OF COUNTY COMMISSIONERS COLLIER COU~~DA BY: ~/- .~./ Frank Halas, C airman Item # J (06\9 P.,genda \ \ .. ~ oa Date ~ (1\V-' I L\ P.O.C. NORTHWEST CORNER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST v~ r i -f- N 89'35'25' E 147.96' D. t Cl d 0:: r:i;:::: ~ f.:;a '" ~!.::: ~ .... "CJ) ~ ~ c:i 15 s ~ ~ ~ ~ ::, ~' LIJ f6 F-.: .l'< 10 CI) LIJ f6 ~I J /, /P.O'Su \ \f ~// ~c:i t:lfg t?~ "'... ~ LEGEND 2:.=_ A ~"'" i~ ~t:DUD'YIIaJ1'T~ "'" 1ffl1HrDF.r or: f tSt1IffUE SKETCH AND DESC/PTlON **NOTA SURVEY** SURVEYORS GENERALNOTES f.MJT/IlICDIIf1NOtIT,,*__RlfE.QlIIiIW:MlS&:JSl!ill.Ql!'A~~~AClMWI!ilIl Z-J&WMilS'..tSlIiII!iiIII TOUlEMJlB)MOtEAeNlEB1IEJIAS$IIMDQRRRPlAT. C-1 (P.) 6=89057'25" L=235.51, R=150.00' CH=212.05' CHB=S 44036'43" W l-.adt,.IJIs.sw:.t.sm.,d,......~~.I_..etJftd ~".."..,...............,IIIII,..."IfITKI?...,,........ r.... ~_blt"',.Fl1tiJI8t.Mf"~UnrI~,....IiIMdlatH24l7; .f.b:i*SiIWIr..~61~f7-#FbidI........a:dI. ~Z3: - AI7l:HEli. 8. 71KMFSON -Su>e}rTIIJdAltfpr JIll M7 .SlIn,,_ @ PINE RIDGE ROAD LEGAL DESCRIPTION COMMENCINGAT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA- THENCE ALONG THE W!:ST LINE OF SECTION 18 S 00'15'53' E FOR 1320.27 FEET; THENCE LEA VlNG SAID W!:ST LINE N 89"44'07" E FOR 30.00 FEET TO A POINT ALONG THE EXISTING EASTERN RIGHT-OF-WAY LINE OF LIVINGSTON ROAD; THENCE ALONG RIGHT -OF-WA Y LINE N 00"15'53' W FOR 602.79 FEET; THENCE CONTlNUE N 00"15'53' W FOR 142.55 FEET; THENCE N 89"44'07" E FOR 13.73 FEET; THENCE N 89"44'44" E FOR 6.27 FEET TO THE POINT OF BEGINNING; THENCE N 00"15'46' W FOR 474.91 FEET; THENCE LEAVING SAID EXISTING EASTERN RlGHT-OF-WA Y LINE OF LIVINGSTON ROAD N44"36'21' E 21.41 FEET TO A POINT ON THE EXISTING SOUTHERN RIGHT -OF-WA Y LINE OF PINE RIDGE ROAD; THENCE ALONG SAID EXISTING SOUTHERN RIGHT -OF-WAY LINE N 88"35'25" E FOR 147.96 FEET TO A POINT OF CURVA TURE; THENCE LEA VlNG SAID EXISTING SOUTHERN RIGHT -OF-WA Y LINE SOUTHWESTERL Y 235.51 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST HA VING A RADIUS OF 150.00 FEET. THROUGH A CENTRAL ANGLE OF 89"57'25" AND BEING SUBTENDED BY A CHORD BEARING S 44"36'43' W FOR 212.05 FEET TO A POINT OF TANGENCY; THENCE S 00"27'53" E FOR 340.28 FEET; THENCE S 89"44'44' W FOR 14.46 FEET TO THE POINT OF BEGINNING; CONTAlN/NG 11388.1 SQUARE FEET MORE OR LESS. BEARING ARE BASED ON THE WEST LINE OF SECTION 18 SOUTH 00'15'53' EAST. EXHIBIT /I p~ I d/ LINE TABLE LINE BEARING L.1 N 89'44'07" E L-2 N 0'15'53' W L-3 N 89'44'07" E L-4 N 89'44'44" E S 89'44'44" W L.5 N 44'36'21' E L-8 S 89'44'44" W DIST. 30.00' D. 602.79' D. 13.73' D. 6.27' D. 21.41' D. 14.46' D. 100 0 /-...-........ GRAPHIC SCALE 1 inch = 50 100 r I (In Feet) 100' PARAGON LAND SERVICES 28360 OLD US 41, suite 3 Bonita Springs, FL 34135 PH. 239-992-7111 FAX. 239-992-7001 L.B. #7470 CIEa(8}~ liB. T. lIIUHW8Y:A.R.C. REW/J4lE:AI'A COIIfE11(W:__ '--- CSllTFElJ lV: PHOEltf/)( ASSOCI4lESOF SOI/ll{ ROi/I/M, SKETCHANJ 0ESCRPl10N: A PAHTOF llfE 1iW. iN SEC77aV ~ lDffHSI#P~soum _.MEA$]" JlRtfYAaeW.Mt'iQ'ASf'fAZ.f:RWEiCSSENTSJIfE1fHND/ElJIaF11CW1 ~. ~ . " LEGEND ~ 8:'.=. J -=-:=--..... o ""__ P.O.C. NORTHWEST CORNER OF SECnON 18, TOWNSHIP 49 SOUTH,RANGE 26 EAST t Q d Q:: ~~ ~j.;::, CJ) Q) ~ 15 ~ [;l ~I /; ./ ./ ./ ./ ./ / " :;::", ~. ':-' ~5i ~lll ~~ :--~ lC,~ ~... fI)""" I P.O.B. ~ +~ F ,. 'i ~ii '-ti ,... ICT~ 1IDnD6D<<I "" -- "",i~ CIa DDtIIT't'II1Vn'SMt: ., ~QI:'" <<f a!ItlIItllE 1"",,..;IItIINtSlllbtafStlwJ'~IJd._"""~k."'lI1IflXlfad ..-...,1i...,..,...........,.~IDlI,.IMf.".,...""___ r.... ....._"."',.,...a.dt1l~UtId~,.....k;JM:b1nzao; JharSllttltltt1lIl1lllC1ltpltrIfB.f7-6Fl:1tl*........aliI01Ia ~ iJ!fr. - lIlI:H!lL B. lhtlW"Sl:W -.5lm>J<Y......""""'" Ail M7 .-01_ --f- PINE RIDGE ROAD LEGAL DESCRIPTION COMMENCING AT THE NORTHWEST CORNER OF SECnON 18, TOWNSHIP49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA- THENCE ALONG THE WEST LINE OF SECnON 18 S 00'15'53" E FOR 1320.27 FEET; THENCE LEAVING SAID WEST LINE N 89"44'07" E FOR 30.00 FEET TO A POINT ALONG THE EX/SnNG EASTERN RIGHT-DF-WA Y LINE OF LNlNGSTON ROAD; THENCE ALONG RIGHT-DF-WA Y LINE N 00"15'53' W FOR 602.79 FEET TO THE POINT OF BEGINNING; THENCE CONnNUE N 00"15'53' W FOR 142.55 FEET; THENCE N 89"44'07" E FOR 13.73 FEET; THENCE S 05"14'08" W FOR 143.21 FEET TO THE POINT OF BEGINING. CONTAINING 978.4 SQUARE FEET MORE OR LESS. BEARING ARE BASED ON THE WEST LINE OF SECnON 18 SOUTH 00'15'53' EAST. EXHIBIT JJ P~/d/ LINE TABLE LINE BEARING L-1 N89'44'07"E L-2 N 0'15'53" W L-3 N89'44'07"E DIST. 30.00'0. 602.79' D. 13.73'0. o SKETCH AND DESC/PT/ON **NOTA SURVEY** 100 h o -..., GRAPHIC SCALE 1 inch = SURVEYORS GENERALNOTF.S tM'l1'II/IfUJJfITNOIIT11ESJItiIffTUfE'OII1Ml:AMlSI5I1.tSftOFAJlGM)f~~A'D1MPfiSl ZMSiWMilf~mUE1DllD.-:JItE'-NEBf1BIAfSUIIBJQltPBlJUr. Ef9 PARAGON LAND SERVICES 28360 OLD US 41, suite 3 Bonita Springs, FL 34135 PH. 239-992-7111 FAX. 239-992-7004 L.B. #7470 50 100 I I (In Feet) 100' CHEr:KED8~ Il1l T. UUItH8Y:A.lZC- REliJlMlE: Ni4 COA6'lE71(W:~ CER7lFED ro:~ ~lESOI'S()(/l1(R.~ SKETCHAIIJ 0EXRfP1l0N: APAHTOI'11E N.w. fII SECllar ~ l1:MNSIIP-tJ1 SOf/l1f, RAMie 26EAST .st:RH:YAa4tW.~IUU-IIlI'/USBE1IffS1l'E1r:HAMJ/JtQIQIifpfJaI(A