P.S. 305.19 Donation Agreement (4463 Tamiami, LLC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office
County Attorney Office C,
4. BCC Office Board of County
Commissioners \A\c/ / 6\_\ c
5. Minutes and Records `
Clerk of Court's Office (ph (®ati't
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jay Malamphy Phone Number 8402
Contact/ Department
Agenda Date Item was February 23,2010 Agenda Item Number 16B1
Approved by the BCC
Type of Document Access Easement Number of Original
Attached Documents Attached
PO number or account
number if document is 414-263614-649030-70142.2.1
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. d-
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's /j
signature and initials are required. �'"
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. N/A
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on February 23,2010 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the O,
BCC,all changes directed by the BCC have been made,and the document is ready for t •
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
PROJECT: Basin 305—Pump Station 305.19
PARCEL: 00393840003
ADDRESS: 4463 Tamiami Trail E.
Donation Agreement approved by the BCC
Pursuant to Resolution 2010-39
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between 4463 TAMIAMI, LLC, a Florida limited liability company, by its
undersigned manager whose mailing address is 4980 Tamiami Trail N., Suite 201, Naples, FL 34103
(hereinafter referred to as "Owner") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (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 across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which
is attached hereto and made a part of this Agreement for the purpose of providing convenient access
to a pump station facility located in an existing easement on Grantor's lands;
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 Access 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 to the best of Owner's knowledge, 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 to the best of Owner's knowledge, 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
1
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.
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 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.
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.
IN WITNESS WHEREOF, the Owner has caused these presents to be executed the date and
year set forth below.
Approved by BCC pursuant to Resolution 2010-39
AS TO COUNTY: Dated: b\1`1q c
r-
BOARD OF COUNTY COMMISSIONlip-OF:
COLLIER COUNTY, FLORIDA,AS 17k GOVERNING
ATTEST: BODY OF COLL ' 2, -:- ANDA$EX-OFFICIO
CRYSTAL K.KINZEL, Clejk THE GOVERN e1:OARD OF ,ECO R
- CO T 'Ai 4i, R DISTRI T
C :�_ . ..,, .. ovitk ::::. , .,_
t DepOuty Clerk IA
By Willi, L. McDaniel_J'r'' rman` 4Jajiiai°1�'�‘„
est as tot. ai
'sign-atom only-
Sign ures Continued on Next Page)
AS TO OWNER: Dated: ✓"ee"/7
2
O�
4463 TAMIAMI, LLC
'� _ a Florida limited liability company
Witness(Signa 'e)
Name: G°Vh l —'
(Print) / By: Andrew J. Saluan
Its: Manager
L- (i3 =;2•1
L:,
Witness (Signature)
Name: ]linhnln C„:_,a
(Print) Y
Approved as to form and legality:
Je ifer Belpedio
Assistant County At ney
3
„\-r-1., ) i 4
z.
... 0 : ” *t
Being a portion of Section 13, Township 50 South, Range 25 East, Collier County, Florida being more particularly
described as follows:
Commencing at the Southeast Corner of Section 13, Township 50 South, Range 25 East, Collier County, Florida; Thence
run North 01'35'20' West, along the easterly line of said Section 13, for a distance of 149.72 feet to its intersection
with the northeasterly right of way line of U.S 41 (Tamiami Trail); Thence run North 3905'20" West, along the
northeasterly right of way line of U.S. 41 (Tamiami Trail) to the southwesterly corner of those lands described in Official
Records Book 4886 at Pages 338 of the Public Records of Collier County, Florida; Thence run North 50'54'40" East,
along the easterly line of said described lands for a distance of 356.00 feet to the Point of Beginning; Thence continue
North 50'54'40' East, along the easterly line of said described lands for a distance of 24.00 feet to its intersection with
the southwesterly boundary of the Perpetual Utility Easement recorded in Official Records Book 1104 at Page 597 of the
Public Records of Collier County, Florida; Thence run South 39'05'20' East, along the southwesterly boundary of said
described easement for a distance of 21.00 feet; Thence run South 50'54'40" West, for a distance of 24.00 feet;
Thence run North 39'05'20" West, for a distance of 21.00 feet to the Point of Beginning.
Containing 504 square feet or .011 acres more or less.
POINT OF \ \ c
-v
\GRAPHIC SCALE SCALE BEGINNING
\ \ /
0 25 50 100
-°,s;,-0 0
\\\''''o q-
,,;
( L1/41 FEET )
ON..
1 inch - 50 tt. bu r,,,,, tkL., (\' Yr Ao\•P \ .,,,,
bP-
,0•C''' Y ro0) ^P \
\ \
bc \
— \ • 1)1 /-.5C \
\`4")°:‹D cl•" (1,1 '\ \
---•.7 Q3' 5c).6i,.. \
_.---
q.C.,c).
-N
C.) 2, --)
-7(,)
_ --F•-' -••
LINE TABLE LP Ca' Ts>.
0 s
LINE BEARING DISTANCE
Ll N50'54'40"E 24.00' .
L2 S.39'0520"E 21.00 \
_
Y,.-- -
1.3 S50'54'40W 24.00'
L412E121.00' se
POINT OF
r
I COMMENCEMENT
0 Si. CORNER SECTION 13
REVISIONS. .F'4I TOWNSHIP 50 SOUTH,
1. REVISED PER COMMENTS, R.Y., 01/04/2017tkr
RANGE 25 EAST
2. REVISED TO MODIFY EASEMENT REFERENCE 7/24/2017
1 3 2 1 8
- -
2 4 7 9
For the Exclusive Use OL
Davidson Engineering
David J. D4cotaily+/eine,:by Dm*1!iyael i. eyr.f,w
P5M1/5$34 SKETCH & DESCRIPTION
L.,4o.111v502 Hyini PSM
Hyatt PSM 474:::;r:uk.'77575'50& A Portion of,
.-,,....„—_, oh,...;,7 '• ' r tA,0
#5834 ....A
DAte 23170P 24 1 isu 1 I[woo r.-:-.1:" , . ;
i 1 1 ' d VI"0 Section 13, Township 50 S, Range 25E,
ce E--..F i i:354-1
David . yo , - M. vr, ,, i, :-.A.i.z. Collier County, Florida
Florida License No. 5534
Not valid without the signature and mAR'V"a,,,AiAvGi,:i.cz.pligo
cum'r Davidson Engineering
•1
original seal of the Florida Licensed 3825 eecx aoulevteo
Professional Surveyor and Mapper guar 725 PROJECT 1.J,,P-400 sue PROJECT: County 305.19 Pump Station
NAPLES, FLOPINA 34114 "bronze HY: t141E SCALE WV NUMBER Sf4F_ET I DiTAMINV MSCertificate of Authorization /7705. —
(239) 389-0026
WV(14: 0PAYS.COM R.Y. 72/2016 1" =-• 50' 16-674 1 1-0691
PROJECT Basin 3O5-Pump Station 3D519
PARCEL: 00393840003
ADDRESS: 4463 Tamiami Trail E.
ACCESS EASEMENT
THIS EASEMENT, made and entered intothis-\4\\ day of 31../14,-vc~
2019. by 4463 TAMIAMI LLC, a Florida limited liability company, by its undersigned
manager whose mailing address is 4980 Tamiami Trail N., Suite 201, Naples, FL 34103
as Grantor to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-
OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
0|ST0|CT, whose mailing address is 3335 Tamiami Trail East, Suite 101, Nap|ao,
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:
GranVzr, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Gmntee, the receipt and sufficiency of which is hereby
auknmwledged, hereby uonveye, gmntu, bargains and sells unto the Grantee, a
perpebua|, non'exc|unive, unobstructed easement on the following described lands
located in Collier County, Florida, to wit:
See attached Exhibit"A"which is incorporated herein by reference.
Subject to oaaemanto, oesthc1ions, 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 for the purpose of providing convenient access to a pump station facility
located in an existing easement on Grantor's lands. 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.
This Access Easement shall not be deemed to create any rights of access or entry in
favor of the general pub|iu, nor shall it be deemed a public right of way, nor shall it be
interpreted to require the measurement of minimum yards (setbacks) under the Collier
Land Development Code from the easement boundary.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date an. -. tabove written.
4463TAK4IAJN| LLC
a Florida limited liability company
Witness ' re)
Name: »�J=� m�m�~�' 4.1:40 , __
(Print) By:Ao�na|uun
Its: Manager
THIS CONVEYANCE APPROVED BY THE
``^''~~~ `~':''~`~'~' « BOARD O COUNTY
Name: Michele Gowdy COMMISSIONERS,
(Print) PURSUANT ``~ `'~~` '��^~~~—~
OF ~�
NO. :20/6—g
(NOTARY JURAT ON FOLLOWING PAGE) 2_2F-Z0/6
STATE OF
COUNTY OF
��
The foregoing Access Easement was acknowledged before me this day of
/4/ . 2019 by Andrew J. Ga|uan, as manager of 4463 Tamiami, LLC, a
Florida limited liability oompany, who is personally known to me or who has produced
as identification.
Witness my hand and official seal his 14?p4y of— 2019.
(affix notarial seal)
(Signature of Notary
Pu
Michele Gowdy
MICHELE GOWDY
(Print Name)
NOTARY PUBLIC
Bonded Tin Notary Pubic Urderorliers Serial/Commission#:__
My commission expires.
Approved as to form and legality:
--
Assistant County Attorn,-
This conveyance accepted by the
Board of CoCommissioners,
Collier County, -V�oK� /
Agenda Da�u:2/23/ 4tom: "a
7v:A I pf /
I FGA1 DFSCRIPTION
Being a portion of Section 13. Township 50 South, Range 25 East, Collier County, f7orido being more particularly
described as follows:
Commencing at the Southeast Corner of Section 13, Township 50 South, Range 25 East, Collier County, Florida; Thence
run North 01'35'20'. West, along the easterly line of said Section 13, for a distance of 149.72 feet to its intersection
with the northeasterly right of way line of U.S 41 (Tamiami Troll); Thence run North 39'05'20 West, along the
northeosterly right of way line of U.S. 41 (Tomiomi Trail) to the southwesterly corner of those lands described in Official
Records Book 4855 at Pages 335 of the Public Records of Collier County, Florida; Thence run North 50'54'40" East,
along the easterly line of said described lands for a distance of 356.00 feet to the Point of &winning; Thence continue
North 50'54'40" East, along the easterly line of said described lands for a distance of 24.00 feet to its intersection with
the southwesterly boundary of the Perpetual Utility Easement recorded in Official Records Book 1104 at Page 597 of the
Public Records of Collier County, Florida, Thence run South 39'05'20" East, along the southwesterly boundary of said
described easement for o distance of 21.00 feet; Thence run South 50'54'40 West, for a distance of 24.00 feet;
Thence run North 39'05'20 West. for a distance of 21.00 feet to the Point of Beginning.
Containing 504 square feet or .011 acres more or less
POINT OF \ \ C
GRAPHIC SCALE BEGINNING
0 25 50 100 1p`-bs o
(o) V\ cl Acz
pA
MIMI l• N/‘
oCr b 9 kck ,6
, O• ir ' , •,-,
( IN FEET ) b. \* 0°0Ov ‹. -' -
,.
i inch . 50 ft. ,s' 311" ' ciil 41 \ (;),
t‘v nC, 14
.tt
,
1 0 0) \
i-- k
.4,
0 45 \
') /4, \
LP ..,-\ ‘..\‘) \
(-03" `1,1
.--x •
\
L.,
1).-,
„...), .p
--7
LINE TABLE
0 (5)
s
LINE BEARING DISTANCE
U ,\
1.1 N50'54'407' 24.00' .\P
1-2 S.3905.20-E 21.00'
L.3 55054'40"W 24.00'
- oi
L4 N3905.20W 21.00' NI-
- POINT OF
COMMENCEMENT
0 $.E. CORNER SECTION 13
REVISIONS: t'v
-: TWNSHIP 50 SOUTH,
1. REVISED PER COMMENTS, R.Y., 01/04/2017 t'lRANGE 25 EAST
2. REVISED TO MODIFY EASEMENT REFERENCE 7/24/2017
73 2 18
24 79
For the Exclusive,Use Of:
Davidson Engineering
David J. (... ,NsItY I NO
0•55/... SKETCH & DESCRIPTION
Dk cn.Devva 1 14,88 PM
,_
Hyatt PSM :=.,==---.... "7 , :, , - A Portion of,
,,....d,..,....—., 0
#5834 ---, LJ,,,,4-.:- /il . ,....- „.,t-o Section 13, Township 50 S. Range 25E,
DI.ZOI/07 741158 1/44,a(r
Ce 77'1 1 \ -N
David J. Hyatt, PSM, 4(. - .',. '!:,*:4e Collier County, Florida
Florida License No. 55.34 f,.."-
Not valid without the signature andum'a Tij,Wit;:,`G'",t1:0)"pwo cverr, voyidoon Engineering
original seal of the Florida Licensed8EcK muvAff° _
-192 peo.iccr tIP-400 sue'cura?: County 305.19 PumpStation
Professional Surveyor and Mapper surrE 725
PARES, FLORCIA 341t4 IsrArrra BVoArE SCALE 10 M. SHEET/ oRAwig MCI.
Certificate: of Authorization /7705.
(2J9) 309-0026 '
*VW WRCOSURVEYS.Coai
R.Y. 12/2O161 = 50' 16-674
. 1 1-060.1