P.S. 305.17 - Donation Agreement (3655 Boca Ciega Drive) PROJECT: BASIN 305 Pump Stations
PUMP STATION: 305.17
ADDRESS: 3655 Boca Ciega Drive
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 an Easement to County. Any cost associated
with this transaction 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
environmental law violation on any property contiguous to or in the vicinity of the Property to
1
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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
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IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year set forth below.
24)ke —Y1
DATE ACQUISITION APPROVED BY BCC: 2 23 10 RP"
I
AS TO COUNTY:
DATED: Q 12_u, 1°1
ATTEST: BOARD OF COUNTY COMMISSIONERS. ,
CRYSTAL KINZEL, Clerk COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY':
% JA4/1 AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY
"'iNttest isiCkilmian,s Deputy Clerk WATER-SE/7 I STRICT -%, ,
By:6J)
Wilh,m L. McDaniel, Jr., Ch.irman
AS TO OWNER:
LAKEWOOD COUNTRY CLUB OF NAPLES,
INC.,
a Florida not-for-profit corporation
WITNESSES
By: 1/6 /I / ��L-
W ness Signature) //
Print: .1.� (,i, /&747 VV - h'�
Name: I_a R/ n pp
(Print) ��f /zrT
Its:
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Witness(Signature)
Name: -),A. �uA
(Print)
Approved as to form and legality:
Jennifer - pedio, Assis- County Attorney 03 \C\
3
i.
GRAPHIC SCALE
0 10 20 40
XHIB t.
P6 -, L ci .. s7
( IN FEET )
1 inch = 20 ft.
CURVE TABLE
CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD
7Cl 1153.87' 8.36' 0'24'54" N42'31'06"W 8.36'
\
Jai C2 1153.87' 30.00' 1'29'23" N4328'14"W 30.00'
I
UNPLATTED
NOTES GOLF COURSE BLOCK A "
LAKEWOOD UNIT 1
1. This is not a survey.
PB-12, PGS 7-9
2. No easement search or
abstracting was done by the S43'38'22"E
surveyor and note should be
taken that this property is 30.00'
subject to any facts that may
be revealed under a full and
accurate title search. ;ki
3. Bearings shown hereon are N A Q�• O
based on the Northwesterly ^ (+S
boundary line of Block A, w
Lakewook Unit 1 Plot located etNil
N N N
in State Plane coordinates CO
system Florida East Zone, NAD 2 -•/NT OF COMMENCEMENT
83.
4. Unless otherwise indicated, all — — — _ — _
existing easements shown C2 C1
hereon are based on plat.
5. Not other persons or entities POINT OF BEGINNING
other than those listed as
exclusive users may rely on
this sketch & description.
6. All dimensions are in feet and
decimals thereof, unless
otherwise noted.
7. Subject to easements, BOCA CIEGA DRIVE
reservations, and restrictions of
record. 60' RIGHT—OF—WAY Y -------- —
For the Exclusive Use Of:
Collier County Board of
County Commissioners ``„Net II No SKETCH & DESCRIPTION
David J. Hyatt .H
Digitally SMsiged by#5834 David ��+ \�1�`lf`J� 1�� A Portion of Section
Y J.Hyatt PSM H5834 /
PSM #5834 Date:2018.03.3009:58:01 p -„ , 'T ,� 13,
04'00' Li----_----1--, l-o T 50 S, R 25 E,
David J. Hyatt, PSM, Collier Collier Count Florida
Florida License No. 5834 / j.C Y�
Not valid without the signature and '”"`�""''''''
M4RC0 SURVEYING MAPPING CLIENT Collier Court/ Board of CountyCommissioners
original seal of the Florida Licensed tl
Professional Surveyor and Mapper3825 BECK BOULEVARD PROJECT/:l P461 SUB PROJECT. PS 305.17
y SUITE 725
Certificate of Authorization #7705. NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET/ DRAWING NO.
2awwwCOSURVY5 coM CMM 09/2017 1" = 20' 17-324 1 of 2 1-085J
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Description:
Being a portion of Section 13, Township 50 South, Range 25 East,
Collier County, Florida being more particularly described as follows:
Commencing at the northwesterly corner of Block "A" Lakewood
Unit No. 1 as recorded in Plat Book 12, Pages 7 through 9 of
the Public Records of Collier County, Florida thence northwesterly
along the northeasterly right of way line of Boca Ciega Drive as
shown on the plat of said Lakewood Unit No. 1 and the arc of a
curve to the left with a radius of 1153.87 feet, having a chord
bearing of North 42°31 '06" West and a chord distance of 8.36
feet, having a central angle of 00°24'54" and an arc length of
8.36 feet to the POINT OF BEGINNING; thence continue
northwesterly along said right of way line and the arc of a curve
to the left with a radius of 1153.87 feet, having a chord bearing
of North 43°28'14" West and a chord distance of 30.00 feet,
having a central angle of 01°29'23" and an arc length of 30.00
feet; thence run North 46°21 '38" East, for a distance of 25.01
feet; thence run South 43°38'22" East, for a distance of 30.00
feet; thence run South 46°21 '38" West, for a distance of 25. 10
feet to the POINT OF BEGINNING.
Containing 749.63 square feet or 0.017 Acres more or less
�NiEYING� SKETCH & DESCRIPTION
A Portion of Section 13,
_°o T 50 S, R 25 E,
==
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M4RCO SURVEYING & MAPPING CUENT: Collier County Board of County Commissioners
3825 BECK BOULEVARD PROJECT
SUITE 725 +f'l P461 SUB PROJECT: PS .305.17
NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET f DRAWING NO.
WWW.M RCOSURV COM CMM 09/2017 1' = 20' 17-324 2 of 2 1-08.5,1