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Donation AgreementPROJECT: ANN OLESKY PARK PARCEL: Addition to park FOLIO: 00054000001(a portion) Accepted by BCC NeJ. q . 2011, Item I(, Dv�l DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as "Agreement ") is made and entered into this '9A day of 1)nAJambPr' , 2011, by and between LAKE TRAFFORD MARINA, INC., a Florida corporation, whose post office address is 6001 Lake Trafford Road, Immokalee, Florida 34142 -2331 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "County "). WITNESSETH: WHEREAS, County desires to acquire fee ownership to that certain land of Owner, described in Exhibit "A" attached hereto (hereinafter referred to as "Lands "), for purposes of operating and maintaining a park site, and all associated access, infrastructure and improvements, as necessary; and WHEREAS, Owner's Lands contain a .13 acres +/- piece of land and lake front providing additional area to be added to the existing Ann Olesky Park for the enjoyment of the public; and WHEREAS, County has requested that Owner convey to County fee ownership to Owner's Lands by Warranty Deed; and WHEREAS, County will assume responsibility for the maintenance and operation of the Lands for the benefit of the public; and WHEREAS, Owner recognizes the benefit to the public and desires to convey fee ownership of the Lands to County for the stated park purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the conveyance of the Lands. 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 Lands described in Exhibit "A" which is attached hereto and made a part of this Agreement. Said conveyance shall be at no cost to County, except as otherwise provided below. 2. Owner shall convey the Lands described in Exhibit "A" to County via a Warranty Deed, free from all liens, encumbrances or qualifications adversely affecting County's enjoyment and intended use of said Lands. 3. Subsequent to the conveyance of the Lands as set forth above, County shall be responsible for the maintenance and operation of the Lands. 4. Prior to Closing, Owner will cooperate with County to obtain, from the holders of any liens, exceptions and /or qualifications encumbering the Lands, the execution of such instruments which will remove, release or subordinate those encumbrances which adversely affect, interfere with, or impede the intended use and enjoyment of the Lands. 5. To the best of Owner's knowledge, Owner represents that the Lands and all uses of the Lands have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, �� 1 stored, treated or transferred on the Lands except as specifically disclosed to County; that the Owner has no knowledge of any spill or environmental law violation on any land contiguous to or in the vicinity of the Lands to be conveyed to County; that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Lands, b) any existing or threatened environmental lien against the Lands, or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Lands. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Closing of the conveyance shall occur within ninety (90) 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 Lands. 7. 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. 8. County shall pay for all costs of recording the conveyance instruments and any curative instruments in the Public Records of Collier County, Florida, as well as, all other costs associated with this transaction, including but not limited to, title commitment, and survey, but shall not pay for documentary stamps. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by all 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. 10. Conveyance of the Lands 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. 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 _ day of 2011. Date acquisition approved by BCC:._�y2►71I7P r ���L_ J(oij a AS TO COUNTY: DATED: III 810.201) ATTEST:�01, � .� "o DWI T -ter, te alts , k VL; Approvec as legal form and sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairma By: JENNIFEk B. WHITE, Assistant County Attorney p j'' t0 �o AS TO OWNER: DATED: ! c l q (/ ll WIT SES: I Witness (Si nature) Name:r! % S (Print orfype) VU4;f6 C` Witness (S,ii4fiature) Name: (Print or T pe) TONA NELSON ` MY COMMISSION i EE 000196 EXPIRES: October 11u 20s �� . EB TMu Nd�Y 31501 if 10/ t) O D: O 0 M w N N LO °g0 H Zw o� II WWz moo tC,4 U O ix 0- to �ix rn 5. L) O N W I - P.O.B. /% /P � 5 I .4. IMATE LANDS OF COWER COUNT�f PER OR 1050, PAGE 1716 1 1 �� L P' .O.B. i 1 °14'05" E (C ) 98.90'(C) \ SURVEY REFERENCE UNE` F- i5 LAIC TRAFFORD ROAD t P,O.C. v r M F. !� o COD) Ln SOUTHEAST CORNER OF THE N 0'47'45" W(D)(C) LL NORTHEAST QUATER OF 19.40'(D)(C) to Z SECTION 35 Z w W _ _ _ EAST LINE OF SECTION 35 Z 06 U) ir- = J p Z 3_j U 0 L) co M Z O U W = I ; i DESCRIPTION ~ I .r A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING I cv ^ I A PORTION OF HE LAND DESCRIBED IN OFFICIAL RECORDS I ui ui I I 1 BOOK 719, PAGE 1217, OF THE PUBLIC RECORDS OF 90 to i COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY d 1 DESCRIBED AS FOLLOWS. 1 v ^p I I COMMENCING AT THE SOUTHEAST CORNER OF THE I 3:1 1 NORTHEAST QUARTER OF SAID SECTION 35; HENCE RUN I NORTH 0747'45" WEST ALONG THE EAST LINE OF SAID ,n o I FRACTION OF A SECTION FOR 19.40 FEET; THENCE LEAVING I 1 SAID EAST SECTION LINE AND ALONG THE SOUTH LINE OF is o I 1 THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 280, io bn 1 I PAGE 483, OF THE PUBLIC RECORDS OF COWER COUNTY, i 00 a01 1 I SOUTH 8853'15" WEST, A DISTANCE OF 465.21 FEET; L4 N I HENCE SOUTH 74'35'45" WEST, A DISTANCE OF 112.80 FEET; THENCE SOUTH 88'59'05" WEST, A DISTANCE OF I 706.44 FEET; THENCE SOUTH 73'52'15" WEST, A DISTANCE z If OF 66.11 FEET TO HE POINT OF BEGINNING OF HE t Iz PARCEL OF LAND HEREIN DESCRIBED; I n Iw S 74'3545" W (C) THENCE LEAVING THE SOUTH LINE OF SAID LANDS, IN AND 10 THROUGH THE LANDS DESCRIBED IN OFFICIAL RECORDS S 74'51'00" W(D) uj Iw BOOK 719, PAGE 1217, OF THE PUBLIC RECORDS OF 112.80'(D)(C) °a a � COLLIER COUNTY, SOUTH 01'14'05" EAST, A DISTANCE OF o W o a �"� 98.90 FEET TO THE SHORELINE OF LAKE TRAFFORD; REFERENCE LINE, MORE ORNORTH °i i ALONG THE SHORELINE LAKE WEST, A TO "EAST 1110 I o ° xm ON THE LINE OFTHEELANDS DESCRIBED N OFFICIAL �a � O 10- RECORDS BOOK 1050, PAGE 1716, OF HE PUBLIC n w W IQ RECORDS OF COLLIER COUNTY; THENCE ALONG HE EAST wt7 O a I LINE OF SAID LANDS, NORTH 01'14'05" WEST, A DISTANCE 1 O N I OF 80.61 FEET TO A POINT ON THE SOUTH LINE OF THE I U 0 W o ; LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 280, PAGE w a i 483, THE PUBLIC RECORDS OF COLLIER COUNTY; OF I THENCE ALONG SAID SOUTH LINE, SOUTH 89'19'35" EAST, A 0 o DISTANCE a I OF 50.00 FEET; THENCE CONTINUING ALONG SAID SON �I I SOUTH LINE NORTH 73!52-15- EAST, A DISTANCE OF 15.57 1 wo Q 11 FEET TO HE POINT OF BEGINNING. O 3 1 Io � � CONTAINING 0.13 ACRES, MORE OR LESS ° 1 a z NOTES: 1 I w F 11. BEARINGS SHOWN HEREON ARE BASED ON THE EAST co `d m 1 LINE OF SECTION 35, BEING N 00'47'45" W. AS STATED 0 N IN OFFICIAL RECORD BOOK 280, PAGE 483. 12. DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET Z. v I AND DECIMALS THEREOF. Q = 13. THIS SKETCH & LEGAL DESCRIPTION IS UU VALID w a �- �o I WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF I o ✓. 3 1 A LICENSED FLORIDA SURVEYOR AND MAPPER. NO 00 N G la OR DELETIONS TO THIS SKETCH & LEGAL N °,n' . N n I DESCRIPTION ARE PERMITTED WITHOUT HE EXPRESSED �. op N r I WRITTEN CONSENT OF THE SIGNING PARTY. I 00 m to o 6 I a g N V) ul 1 O D: O 0 M w N N LO °g0 H Zw o� II WWz moo tC,4 U O ix 0- to �ix rn 5. L) O N W I - P.O.B. /% /P � 5 I .4. IMATE LANDS OF COWER COUNT�f PER OR 1050, PAGE 1716 1 1 �� L P' .O.B. i 1 °14'05" E (C ) 98.90'(C) \ SURVEY REFERENCE UNE` F- i5 L J Z O WL = v r M F. !� o COD) Ln W = LL 4w ao to Z Z Al, r 3 . 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