The URL can be used to link to this page

PB Sidewalk Improvements Phase 2 (Folio #25555000608) 168 I PROJECT: PB Sidewalk Improvements Phase 2 Parcel No.:25555000608 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between CARLTON PLACE OF PELICAN BAY CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as "Grantor"), whose mailing address is 5435 Jaeger Rd #4, Naples, FL 34109-5802, and COLLIER COUNTY (hereinafter referred to as "Grantee"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112. WITNESSETH: WHEREAS, Grantee has requested that Grantor convey to the Grantee a perpetual, non- exclusive easement for the purpose of constructing, and maintaining, of a sidewalk 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, Grantor desires to convey the Property to Grantee for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Property to the Grantee 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 Grantee; 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. Grantor shall convey the Property via a Sidewalk Easement to Grantee at no cost to the Grantee, unless otherwise stated herein. 2. Prior to Closing, Grantor 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. Grantor shall provide such instruments, properly executed, to Grantee 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 Grantee executes this Agreement; provided; however, that Grantee 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 Grantee's enjoyment of the Property. 4. Grantor is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 2 1 0 168 1 5. Grantor 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 Grantee; that the Grantor 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 Grantee, that the Grantor 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. Grantor shall indemnify, defend, save and hold harmless the Grantee against and from, and to reimburse the Grantee 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 Grantee by reason or arising out of the breach of Grantor's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The Grantee 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. Grantee 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 Grantor. The cost of a title commitment shall be paid by Grantee. 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 Grantor 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 Grantor holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Grantor 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 Grantee, 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 O Donation Agreement 2 • 1 6 B 1 IN WITNESS WHEREOF, the has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: a-3+1- 1'0 # 10 I ZO to-39 AS TO GRANTEE: DATED t 1)202-S ATTEST: * ,,, CRYSTAL K. KINZEL, Crerk of:the Circuit BOARD 7F COUNTY COMMISSIONERS Court and Comptroller , .. COLLI • CO TY, FLORIDA BY Atte as to Chairman SDepu y ler ' PENNY YLOR, Cha signature only. AS TO RANTOR: \ ,2:),I(...._Jul riz CARLTON PLACE OF PELICAN BAY Witness(Signature) CONDOMINIUM ASSOCIATION, INC., i� C� 67o acotrGiff a Florida not-for-profit corporation Print Name/N aa Witness(Si ur Larry Gutows y, it President Print Name: �t'=(Z.s ARC,: Approved as to form and legality: r"\-') OP 9".\ JenTitu � C r A. BelpedioAT.--- e `�\ Assistant County Attorney 2 0 Donation Agreement 3 16B 1 EXHI9t � � 'I 1 1 I 1 \ 1 N 1 PEBBLE CREEK CONDOMINIUM (O.R.1924,PGS.69-169) [,f 1 1 I SCALE: 1"=50' I 1 1 1 I I I 1 1 GENERAL NOTES- 1 P.O.C. S.E. 160 & 16b 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. I NORTHWEST CORNER OF CARLTON PLACE 2. BEARINGS AND COORDINATES ARE BASED ON THE FLORIDA STATE 1 InLINE TABLE S.E. 16b PLANE GRID,EAST ZONE,83 90 ADJUSTMENT. I UNE BEARING DISTANCE 3. THE LEGAL DESCRIPTION FOR THE PARCEL IN THIS SKETCH AND 1 vt. L7 S 20'30'57"E 8.82'L2 N 10'32'58"W 29.00' DESCRIPTION IS WRITTEN IN A CLOCKWISE DIRECTION. 4. P.O.C.=POINT OF COMMENCEMENT. I N p' CURVE TABLE S.E. 16b P.O.B.=POINT OF BEGINNING. 1 m CURVE RADIUS DELTA ANGLE ARC LENGTH "I`e11 "rr S.E.=SIDEWALK EASEMENT. C1 41.00' 26'44'47" 19.14' ``�06 W'• ,, C/j- 1 mo C2 68.00' 1'12'37° 1.44' .:45: PS IF 1C',•.5,y�4 1 „,.,- P.O.B. S.E. 16b :•*iO� i No.5606 - a,a; :m STATE OF I a PREPARED FOR THE BENEFIT OF: PELICAN BAY SERVICES DIVISION V 1i L2 .0,";.0 I Q gwy4e•aara,y.w. 1 C2 CARLTON PLACE,A CONDOMINIUM ^Fy'•[Op�OPr' r (O.R.1600,PG.1824) ''"FO SURVEY OR',I, George W.HWuyR 1 z P.O.B. S.E. 16a Master Folio#66679000158 "l'11111""' GEORGE W.F DvmM MI5 GI C 1 a LINE TABLE S.E. 16o I C I' LINE BEARING DISTANCE r "' NOT A SURVEY L1 N 10'32'S8"W 28.93' yyy • Ror: PELICAN BAY SERVICES DIVISION 'deelgn: 1 v CURVE TABLE S.E. 16a o I title: SKETCH AND DESCRIPTION OF drawn: 1 I CURVE RADIUS DELTA ANGLE ARC LENGTH OF ALE EASEMENTS lee le leb OMI �' I Cl 68.00' 1'S6'S2" 2.35' PART OF CARLTON PLACE.A CONDOMINIUM checked: C2 41.00' 3758'48' 27.18' (0.R 1E00,PG.1E24) MTH COLLIER COUNTY,FLORIDA ocad d: : p7: 121EE-8014 11 11 /Mi CNOW a i:A \ IA: 27,2021 p�Ir le: project . p 1"=50' 11 Sl�ARBER de a20-0022 1 11 n ' iJl�U AGE u oast S.SON a o20 0022.CRD heat#: Pro one, n®neen.Pknnera.• seyon k lentlaoe'a enhilec4 l 1 1 3 LEGAL DESCRIPTION ATTACHED 00 TNI a... 'eat Hap. 0L'IN et..Ie0'HOr "' °=I>'ele°e-..ee f°e IE ` e,e e ee d mid 1.ae ..12735. I 6 8 1 EXHIBIT rrrrrr 7400 Trail Blvd., Suite 200 iii� GNOLI S Naples, FL 34108 aiiiii PH: (239) 597-31 1 1 .r■■■P ARBER & www.ABBNC.mil ■rrr1IL ✓rrrrrr RUNDACE, INC. ■rrrrrP LEGAL DESCRIPTION SIDEWALK EASEMENT 16a ALL THAT PART OF CARLTON PLACE,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1600,PAGE 1824,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID CARLTON PLACE, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF PEBBLE CREEK CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1924,PAGES 69-169,COLLIER COUNTY,FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID CARLTON PLACE AND SAID EAST RIGHT-OF-WAY S 10°32'26"E A DISTANCE OF 167.31 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS POINT BEARS N 63°52'51" E AND HAVING A RADIUS OF 68.00 FEET AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF O1°58'52"AN ARC DISTANCE OF 2.35 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 41.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°58'48"AN ARC DISTANCE OF 27.18 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 10°32'58"W A DISTANCE OF 28.93 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 50 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD14 Page 2 of 3 • 168 1 ExHIBIT A IS��A '"'� ©f 7400 Trail Blvd., Suite 200 SWF GNOLI Naples, FL 34108 as..U1. PH: (239) 597-311 1 iUII UP ARBER �c ::II fl UNDAGE, INC. LEGAL DESCRIPTION SIDEWALK EASEMENT 16b ALL THAT PART OF CARLTON PLACE,A CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1600,PAGE 1824,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID CARLTON PLACE, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF PEBBLE CREEK CONDOMINIUM,AS RECORDED IN OFFICIAL RECORDS BOOK 1924,PAGES 69-169,COLLIER COUNTY,FLORIDA AND THE EAST RIGHT-OF-WAY OF PELICAN BAY BOULEVARD; THENCE ALONG THE WEST BOUNDARY OF SAID CARLTON PLACE AND SAID EAST RIGHT-OF-WAY S 10°32'06" E A DISTANCE OF 101.81 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY S 20°30'57"E A DISTANCE OF 8.82 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 41.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°44'47"AN ARC DISTANCE OF 19.14 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 68.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°12'37"AN ARC DISTANCE OF 1.44 FEET TO AN INTERSECTION WITH SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY; THENCE ALONG SAID WEST BOUNDARY AND SAID EAST RIGHT-OF-WAY N 10°32'58" W A DISTANCE OF 29.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING A TOTAL AREA OF APPROXIMATELY 39 SQUARE FEET. REFERENCE ABB DRAWING#12735-SD14 Page 3 of 3