Parcel 101UE - Donation Agreement
PROJECT: Project No. 60106, Valewood Drive
PARCEL No(s): 101UE
FOLIO No(s): A portion of 41931040004
DONATION AGREEMENT
THIS AGR~EQ!NT (hereinafter referred to as the "Agreement") is made and entered
into on this day of II [If/U/-- ,2010, by and between FIRST
CONGREGATIO AL CHURCH OF NAPLES, INC., a/k1a 1ST CONGREGATIONAL
CHURCH OF NAPLES, INC., a Florida not-for-profit corporation, whose mailing address is
27761 Riverwalk Way, Bonita Springs, FL 34134 (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 perpetual, non-
exclusive Utility Easement with Temporary Construction Easement rights over, under, upon
and across the lands described in Exhibit "A", attached hereto and made a part of this
Agreement, which shall include the right to construct a gravity wall and related roadway,
sidewalk, drainage and utility facilities within the public right-of-way immediately adjacent
thereto (hereinafter referred to as the "Easement"); and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement 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. "Utility facilities" includes public as well as private utilities, such as electric, telephone
and cable television, but only if such facilities have Grantee's consent and proper
authorization, and Grantee shall be entitled to assign any or all of its rights to any
utility company constructing, installing or maintaining such facilities. The Easement
shall also include the right to remove and use any and all excavated material.
3. Owner shall convey the Easement 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 a properly executed easement instrument) is hereinafter referred
to as the "Closing."
4. 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 Easement upon their
recording in the public records of Collier County, Florida. At or prior to Closing,
Owner shall provide County with a copy of any existing prior title insurance policies.
Owner shall provide such instruments, properly executed, to County on or before the
date of Closing.
5. 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 Easement.
6. County shall pay all fees to record any curative instruments required to clear title, and
all Easement instrument recording fees. In addition, County may elect to pay
reasonable processing fees required by mortgagees in connection with the execution
and delivery of a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement.
7. County shall pay to Owner at Closing an amount of $2,000.00 by way of a contribution
towards attorneys' and experts' fees and costs.
8. The Temporary Construction Easement rights shall commence upon the issuance of
Grantee's official Notice to Proceed to its roadway contractor for the construction of
Valewood Road Project No. 60106, and shall automatically terminate 1,095 days
therefrom.
9. It is agreed and understood that any construction undertaken within the Easement or
within the public right-of-way immediately adjacent thereto after Closing by County, or
any assignees or licensees of County, shall provide for existing landscaping and
improvements, including irrigation, to be returned to its pre-existing condition, to the
extent reasonably possible, at the expense of County, or such assignee or licensee,
but without any obligation or responsibility for maintenance thereof.
10. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the
context so requires or admits.
11. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written
or oral agreements, undertakings, promises, warranties, or covenants not contained
herein.
12. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: 04-1$'-LU(0
, , 01.'
BOARD OF COUNTY COMMISSIONERS
:~.'LIE~~O~
FRED w. COYLE, Chairma
AS TO OWNER:
DATED:.:s-/t?/O
FIRST CONGREGATIONAL CHURCH
OF NAPLES, INC., a/kal 1st
CONGREGATIONAL CHURCH OF
NAPLES, INC., a Florida not-for-profit
corporatio
Witness ( Igna re)
~ ]7u1C{ Va! IG.v-
Name (Print or Type)
ct: WuJL? h /
Witness (Signature)
Les WLcl-ev
Name (Print or Type)
Approved as to form and
I~pt~
;
Assistant County Attorney
Last Revised: 11/30/09
N
W+E
S
TRACT 21
EXHIBIT "A"
PAGE 1 OF 2
LEGAL DESCRIPTION AND SKETCH
PARCEL NO. 101UE
(PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT WITH
TEMPORARY CONSTRUCTION EASEMENT RIGHTS)
IMMOKALEE ROAD
_~..'....'._'....... .............._...,.A.......L..~.,."."La...LL.,J.(.
r..................... f................ . .\,...,
PARCEL 101UE
i
i
i
i
.j
,:u_"'o" " "
.
1ST CONGREGATIONAL
CHURCH OF NAPLES, INC.
O.R. BOOK 3921, PG. 1
GOLDEN GATE ESTATES
UNIT NO. 97
P.B. 7, PG. 96
TRACT 22
" ., NIW',",",'" " " J"'l"""'4llim m ", ,,,,,,,,,,,,,,,, " )t
AUTUMN OAKS LANE
_."'." .'~~ ....~.._.H"..__.w.M..'.._ ..,...'" ""."",,****.m"
(60' RIGHT-OF-WAY)
" "
" ,j,
i i
"''l'N0;'1''iI@1;'
., , ". ., '.,~ ,,,...~.
i
i
IJJ
>
0::
o
o
o
~
IJJ
-.J
:;
i
i
>*'.1"
,
EXHIBIT "A"
PAGE 2 OF 2
LEGAL DESCRIPTION
PARCEL101UE
(PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT WITH
TEMPORARY CONSTRUCTION EASEMENT RIGHTS)
PORTION OF TRACT 22, GOLDEN GATES ESTATES, UNIT NO. 97
The north 6.00 feet of the following described property
Tract 22, Golden Gate Estates Unit No. 97, as recorded in Plat Book 7, Page 96, Public
Records of Collier County, Florida, LESS AND EXCEPT the following three Parcels of
Land:
1) A Parcel of Land described in OR Book 2581, Pages 349 et seq. of the Public
Records of Collier County, Florida, being the north 50.00 feet of Tract 22, Golden Gate
Estates Unit No. 97;
2) A Parcel of Land described in OR Book 3342, Pages 1280 et seq. of the Public
Records of Collier County, Florida, being more fully described as follows:
Commencing at the southeasterly corner of Tract 22, Golden Gate Estates Unit No. 97;
thence North 00"19'10" East, along the easterly boundary of said Tract, a distance of
30.00 feet to the northerly right-of-way line of Autumn Oaks Lane, a 60 foot right-of-way,
(24th Avenue NW. per record plat) and the POINT OF BEGINNING; thence North
89"40'50" West along said northerly right-of-way, a distance of 45.00 feet; thence
leaving said northerly right-of-way, North 00"19'10" East and parallel with the easterly
boundary of said Tract 22, a distance of 282.28 feet; thence North 44"25'20" West, a
distance of 51.14 feet, to the southerly right-of-way of Immokalee Road (County Road
846); thence South 89"09'50" East along said southerly right-of-way of Immokalee
Road, a distance of 81.00 feet, to the easterly boundary of said Tract 22; thence South
00"19'10" West, along said easterly boundary, a distance of 317.88 feet, to the POINT
OF BEGINNING; and
3) A Parcel of Land described as follows:
Commencing at Station 223+90.46 on the Immokalee Road Baseline as shown on the
FOOT ROW Maps for Section 0359-250, dated 6-16-55, said Point also being on the
Valewood Drive Extension Baseline at Sta. 9+98.12; thence South 00"02'24" West
along said Valewood Drive Extension Baseline a distance of 150.00 feet to an
intersection with the southerly right-of-way line of Immokalee Road; thence North
89"57'36" West along said southerly right-of-way line a distance of 51.17 feet to the
POINT OF BEGINNING of the Parcel herein described; thence continuing along said
southerly right-of-way line North 89"57'36" West a distance of 2.76 feet; thence leaving
said southerly right-of-way line South 80"49'27" East a distance of 3.34 feet; thence
North 45"14'31" West a distance of 0.75 feet to the POINT OF BEGINNING of the
Parcel described herein.