P.S. 305.19 - Donation Agreement (Lakewood Country Club of Naples) PROJECT: Basin 305 Duplex PS
FOLIO #: 00393280003
PUMP STATION: 305.15
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between LAKEWOOD COUNTRY CLUB OF NAPLES, INC., a Florida
not-for-profit corporation (hereinafter referred to as "Owner"), whose mailing address is 4235
Lakewood Blvd., Naples, FL 34112 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 for the purpose of constructing, operating, maintaining, and repairing a
pump station and related facilities 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 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 a utility easement to County. Any cost
associated with this transfer will be at the expense of the County.
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
1
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.
6. 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 County. The cost of a title commitment shall be paid by County.
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 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.
9. 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.)
10. This Agreement is governed and construed in accordance with the laws of the State
of Florida
2
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year set forth below.
DATE ACQUISITION APPROVED BY BCC: :)--j3 -te11013Ili - g{)- ()� U0 W-3q
AS TO COUNTY:
DATED:
':.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ery54,6r OW',7;- Clerk COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
�- 7, kv‘AtkoskAND AS EX-OFFICIO THE GOVERNING
10 111 BOARD OF THE COLLIER CO)NTY
, 4 "": rS ,Deputy Clerk WATER-SE I STRICT ,, ,• 480
By(41)10
10 040
Wil�:m L. Mci eI, Jr., C'7irman
AS TO OWNER:
LAKEWOOD COUNTRY CLUB OF NAPLES,
INC.
a Florida non-profit corporation
WITNESSES yA4UV /(6/4-e
rt-jziAl./
ess (Signa r re*
Print: 1V /�7� r 1. C7JO
I
I
Name: • LAD.. i�. KIJ f1Pf
(Print)
Its: PEZI(;L-/---- —
Witness (Signature)
Name:
(Print) 1
Approved as to form and legality:
Jennifer Belpedi 'stant County Attorney �)
3 �-�
I
NOTES
1. This is not a survey.
t'• ]r`�� 2. No easement search or abstracting was done by the
r surveyor and note should be taken that this property is
subject to any facts that may be revealed under a full
Q� and accurate title search.
3. Bearings shown hereon are based on the Northwesterly
Right—of—Way line of Lakewood Blvd, Lakewood Unit No. 1
Plat located in State Plane coordinate system Florida East
Zone, NAD 83, 2011 adjustment, being N41'46'36"E, as
UNPLATTED shown hereon. Rotated from Plot bearing system counter
GOLF COURSE clockwise 00'01'91".
4. Unless otherwise indicated, all existing easements shown
hereon are based on plat.
5. Not other persons or entities other than those listed as
exclusive users may rely on this sketch & description.
24.00' 6. All dimensions are in feet and decimals thereof, unless
N41.48'36 E otherwise noted.
7. Subject to easements, reservations, and restrictions of
record.
1W
8. `7O
.. 4 LOT 1, BLOCK 1"
2 N LAKEWOOD, UNIT 1
PROPERTY LINE S41'46'36"W 112.88' C1
R-0-W LINE .441.46�36'1Y -POINT OF
24.00' NT OF COMMENCEMENT
BEGINNING (SOUTHERLY MOST CORNER, LOT 1
BLOCK 1"LAKEWODD, UNIT 1)
A
O
O
O
LAKEWOOD BLVD.
80' RIGHT—OF—WAY
n
i
`
CURVE TABLE
CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD
C1 920.00' 69.23' 04'18'41" S39'37'16"W 69.21' GRAPHIC SCALE
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Revisions:
1. 5-9-2019 revised parcel per county comments.
( IN FEET )
For the Exclusive Use Of: 1 inch = 20 ft.
CollierCommissioners CountyBoard ofI.
CountyJ�lAYTWri SKETCH & DESCRIPTION
Digitally signed by David
David J. Hyatt J.Hyatt PSM#5834 A Portion of Section 13,
PSM #5834 125026 04'00 9" T 50 S, R 25 E,
Hyatt, L�lIy
David J. PSM, a , Z Collier County, Florida
Florida License No. 5834 '"� f C)
Not valid without the signature and """`°EYING..""°""
9 MARCO SURVEYING Jc MAPPING CLIENT: Collier County Board of County Commissioners
original seal of the Florida Licensed .3825 BECK BOULEVARD PROJECT
Professional Surveyor and Mapper SUITE 725 1�:[P461 SUB PROJECT: PS 305.15
Certificatessioof y, FloAuthorri
andtion )7705. NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER _ SHEET/ DRAWING NO.
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Description:
P*ge Z of. Z._......_..
Being a portion of Section 13, Township 50 South, Range
25 East, Collier County, Florida being more particularly
described as follows;
COMMENCING at the southerly most corner of Lot 1, Block
"I" of Lakewood Unit No. 1 as recorded in Plat Book 12 at
Pages 7 through 9 of the Public Records of Collier County,
Florida; thence run southwesterly along the westerly right of
way line of Lakewood Boulevard as shown on the Plat of
said Lakewood Unit No. 1 and the arc of a curve to the
right with a radius of 920.00 feet, having a chord bearing
of South 39°37'16" West and a chord distance of 69.21
feet, having a central angle of 04°18'41 " and an arc length
of 69.23 feet; thence run South 41°46'36" West, for a
distance of 112.88 feet to the POINT OF BEGINNING; thence
continue South 41°46'36" West, along said westerly right of
way line, for a distance of 24.00 feet; thence run North
48°13'43" West, for a distance of 24.00 feet; thence run
North 41°46'36" East, for a distance of 24.00 feet; thence
run South 48°13'43" East, for a distance of 24.00 feet to
the POINT OF BEGINNING.
Containing 576 square feet or 0.01 acres more or less.
Revisions:
1. 5-9-2019 revised parcel per county comments.
I NIEYING SKETCH & DESCRIPTION
7-0A Portion of Section 13,
o cLZ A' i '
T 50 S, R 25 E,
GT Collier County, Florida
C LINITEO LIG6ILITY C
MARCO SURVEYING & MAPPING CLIENT: Collier County Board of County Commissioners
3825 BECK BOULEVARD
SUITE 725 PROJECT#:L P461 SUB PROJECT: PS 305.15
NAPLES. FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET# DRAWING NO.
WWW2MARCOSURVEYS.COM CMM 10/2017 1" = 20' 17-323 2 of 2 1-086}