Glen Eagle Golf & CC Donation Agmt.
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PROJECT: MPS 312 Rehabilitation & Improvement
FOLIO: 31055003607
TEMPORARY CONSTRUCTION EASEMENT AND ACCESS EASEMENT
DONATION AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AND ACCESS EASEMENT
DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this d1 day of ~-f2-rY1 k.r- , 2010 by and between GLEN EAGLE GOLF &
COUNTRY CLUB, INC., a Florida nonprofit corporation (hereinafter referred to as "Owner"),
whose mailing address is 1403 Glen Eagle Boulevard, Naples, FL 34104, 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 and COLLIER COUNTY, a political
subdivision of the State of Florida, (hereinafter collectively referred to as "the County"), whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112;
WHEREAS, the County requires a Temporary Construction Easement over, under, upon,
through and across the lands described in Exhibit "A" and Exhibit "B", which are attached hereto
and made a part of this Agreement, (hereinafter referred to as the "Temporary Easement Area")
for temporary staging and construction of utility facilities; and
WHEREAS, the County requires a perpetual non-exclusive Access Easement over,
under, upon, through and across the lands described in Exhibit "A", which is attached hereto
and made a part of this Agreement, (hereinafter referred to as the "Permanent Access Area")
for purposes of accessing utility facilities lying southerly of said Permanent Access Area and
transportation facilities lying westerly of said Permanent Access Area; and
WHEREAS, Owner desires to convey the Temporary Easement Area and the Permanent
Access Area (hereinafter collectively referred to as the "Property") to the County for the stated
purposes, on the terms and conditions set forth herein;
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 are
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey the Temporary Easement Area via a Temporary Construction
Easement to County at no cost to the County, unless otherwise stated herein.
2. Owner shall convey the Permanent Access Area via an Access Easement to the County
at no cost to the County, unless otherwise stated herein.
3. In addition to the foregoing, Owner shall convey to the State of Florida Department of
Transportation, upon request, Access Easements for the same purposes as those conveyed to
the County over and upon the Permanent Access Area defined herein and also over and upon
the 80' x 189' (+/-) County Utility Easement (C.U.E.) located in the southwesterly corner of Tract
T-1 as shown on the Plat of Embassy Woods Golf and Country Club at Bretonne Park, Phase
One as recorded at Plat Book 17, Pages 47 through 49, inthe Public Records of Collier County,
Florida. Any and all costs associated with the conveyance of said Access Easements shall be
the responsibility of the County.
4. Closing shall occur within sixty (60) days from the date the County executes this
Agreement; provided however, that the County shall have the unilateral right to extend the term
of this Agreement.
5. Owner agrees to convey the Property for the purpose of accessing, staging, constructing,
operating and maintaining utility facilities and transportation facilities on lands contiguous with
the Property. Upon completion of construction, the County shall restore the surface of the
Property to the condition existing prior to the commencement of construction.
6. Owner is aware of and understands that this Agreement is subject to acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
7. 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 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
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against the Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property.
8. The County shall pay for all costs of recording the Temporary Construction
Easement and the Access Easement in the Public Records of Collier County, Florida. All other
costs associated with this transaction shall be borne and paid by the County.
9. 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 assignees whenever the context so requires or admits.
10. Conveyance of the Property by Owner is contingent upon no other provIsions,
conditions, or premises other than those so stated herein; 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.
11. 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 this
2<} day of A-v<7uJT ,2010.
I
AS TO CCWSD:
DATED: 1-,;)1-10
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BOARD OF COUNTYCOM~~~E~~:/ /::c ~"'~.-;
OF COLLIER COUNTY, F~I.a~~S;:":"i(''':' .~
THE GOVERNING,130DY ~~qO~~R'.,:',,"c.~:
COUNTY AND AS EX-OF:JgQJO T~, k~;.,;~:;"'(';' .. ,; E
GOVERNING BOARD OF tJ-f:E''9ott;f~f(.:'o' "'i.>.g
COUNTY WATER-SEWER fijS;~ICT':;~,,"~-s:'i
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BOARD OF COUNTY COMMISS1'OtNIi~)\\\\\'" ,
::LLlE~WOR~ .
Fred W. Coyle, Chairman
ATTEST:
DWIGHT E. BROCK, Clerk
Witness (Signature)
NameWe-h-rt- CoSdiiZ/0iJ
(Print or Type)
~A/~~4,
~nature)
Nam~~r~e) tt61
GLEN EAGLE GOLF & COUNTRY CLUB,
INC., a Florida nonprofit corporation
Approved as to form & legal sufficiency
9f?J-j~
Assistant County Attorney
Approved as to form and
legal sufficiency:
Jennifer B. White
Assistant County Attorney
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DESCRIPTION OF ACCESS EASEMENT &
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT ..L
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DESCRIPTION of an Access Easement and Temporary Construction Easement over a
portion of an U.R.O,S Easement (Upland Recreational Open Space Easement) and also over
a portion of Tract T-1, Golf Course, Lake, Drainage and Maintenance Easement as depicted
on the plat of Embassy Woods Golf and Country Club at Bretonne Park, Phase One filed in
the Public Records of Collier County in Plat Book 17, Pages 47 through 49, situated in Section
5, Township 50 South, Range 26 East, Collier County Florida and being more particularly
described as follows:
COMMENCING at the southwest corner of Section 5, Township 50 South, Range 26 East,
thence, extending along the west line of Section 5, North 00 degrees 40 minutes 53 seconds
West and a distance of 215.00 feet to the POINT OF BEGINNING and running;
From said POINT OF BEGINNING and continuing along the west line of Section 5, North 00
degrees 40 minutes 53 seconds West, the distance of 105.00 feet to a point; thence, leaving
the said west line of Section 5 and extending over and through an existing 10 foot wide Utility
Easement and over that portion of Tract T-1, Golf Course, Lake, Maintenance Easement and over
the U.R.O.S. Easement, the next three courses and distances 1) North 68 degrees 53
minutes 02 seconds East, the distance of 34.43 feet to a point, an angle; thence, 2) North 20
degrees 37 minutes 09 seconds East, the distance of 31.32 feet to a point, another angle;
thence, 3) North 63 degrees 04 minutes 44 seconds East, the distance of 21.81 feet to a point
on the east line of previously mentioned U.R.O.S Easement, thence, along the same, South
02 degrees 58 minutes 02 seconds East, the distance of 41.81 feet to a point; thence, leaving
the said line and again extending over the U,R.O.S. Easement, South 53 degrees 30 minutes
25 seconds West, the distance of 6,85 feet to a point, an angle; thence, continuing over the
said U.R.O.S. Easement and out and again over the said easement, South 15 degrees 32
minutes 03 seconds East, the distance of 114.85 feet to a point on the north line of a Utility
Easement, shown on the referenced plat of Embassy Woods Golf and Country Club..., said
easement being recorded in the Public Records of Collier County in Official Record Book
1426, page,s 1720 through 1723; thence, extending along the said north line of the Utility
Easement, South 89 degrees 56 minutes 13 seconds West, the distance of 88.76 feet to the
first mentioned POINT AND PLACE OF BEGINNING.
CONTAINING: 9,284 square feet of land, more or less.
Bearings are based on the west line of Section 5, Township 50 South, 26 East, as shown on
the Record Plat of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, and
filed in the Public Records of Collier County in Plat Book 17, pages 47 through 49.
SEE SKETCH
SHEET 2 OF 2
COLLIER COUNTY
Engineering and Environmental Service Department
2800 North Horseshoe Drive, Naples Florida 34104
Phone: 239-252-6885 Fax: 239-252-6476
(j 17//<1
Date:
Project No:
File No:
05/06/2010
MPS 312
SCALE:
NO SCALE ~0w
~-o
c., \'"
~If{]~~u ~ (Q)!F ~
SKETCH OF ACCESS EASEMENT &
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A .._
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5' HIGH CHAIN
I LINK FENCE
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FLORIDA DEPARTMENT
OF TRANSPORTATION
(O.R. BOOK 2430, PAGE 930)
I WOOD
POWER
POLE
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10' U.E.
I
BOTTOM
OF BANK
POND
(- TOP OF ","K
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)
/
WOOD
POWER
POLE
P.D,B,
- II
00
o
J 5' HIGH CHAIN ~I
LINK FENCE
o 0-0-----0
---
TRACTT.1
GOLF COURSE, LAKE
DRAINAGE, AND
MAINTENANCE EASEMENT
EMBASSY WOODS GOLF AND
COUNTRY CLUB
PLAT BOOK 17, PAGES 47-49
-
-
-----
1b~~~[N]~:
PLAT
NORTH
U.E. - UTilITY EASEMENT
U.R.O.S. - UPLAND RECREATIONAL OPEN SPACE
P.O.B - POINT OF BEGINNING
P.O.C. - POINT OF COMMENCEMENT
O.R. - OFFICIAL RECORD.
OHW - OVERHEAD WIRES
UTILITY EASEMENT
O.R. BOOK 1426, PAGE 1720-1723
GRAPHIC SCALE
-'l...=
40'
ACCESS, DRAINAGE AND ~
MAINTENANCE EASEMENT
(OR Book 2043, Page 0934)
n
o 30
~.JIl
( IN FEET
1 inch = 30
n
n
5' WIDE CONCRETE
SIDEWALK
COUNTY UTILITY EASEMENT (CUE)
WITHIN
80' WIDE DRAINAGE EASEMENT
EMBASSY WOODS GOLF AND
COUNTRY CLUB
PLAT BOOK 17, PAGES 47-49
TRACT'W
LAGO VILLAGGIO
PLAT BOOK 38, PAGES 11 -14
I
COLLIER COUNTY
(O.R. BOOK 3063, PG. 2808)
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P,D.C.
SECTION
CORNER
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45
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60
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ft.
TIt t;ln(ld
S Iii, P.S.M.
& MAPPER LS 5194
RVEYOR
_ _ L.. NORTHERLY RIGHT-OF.WAY LINE
DAVIS BOULEVARD (S.R. - 84)
COLLIER COUNTY
Engineering and Environmental Service Department
2800 North Horseshoe Drive, Naples Florida 34104
Phone: 239-252-6885 Fax 239-252-6476
Date:
Project No:
File No:
FOUND CONCRETE MONUMENT
STATE PLANE COORDINATES (NAD 83 [1999])
N=656885.2B
E=415209.49
05/06/2010
MPS 312
SCALE:
1" = 30'
~'t> \.0
",0
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Exhibit "B"
Southerly of the drip line of the landscape buffer and northerly of the top of bank of the
canal on the southerly side of Tract T-l as shown on the plat of Embassy Woods Golf
and Country Club at Brettone Park, Phase One (Folio No.: 31055003607).
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