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Parcel 102 Perseco CorporationTO: FROM: DATE: RE: Memorandum EIlie Hoffman Records Technician III Minutes & Records, Management Cindy Erb ~---~~/~ Real Property Specialist Real Property Management Department June 20,2000 Computerized Traffic Signal - Parcel 102 - Perseco Corporation Please find attached one (1) original re-recorded Traffic Signal Easement and one (1) original Donation Agreement for the above referenced project. Please note that we never received the originally recorded Traffic Signal Easement, and had to get a certified copy of the recorded document in order to re-record the Traffic Signal Easement. We re-recorded the Traffic Signal Easement in order to correct the easement interest contained in Subordination, Consent & Joinder of Easement recorded on June 2, 2000 at OR Book 2682, Page 853 and to correct recording sequence of documents recorded on June 2, 2000 at OR Book 2682, Page 850-861. The Board of County Commissioner of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 2000-145, Agenda Item 16 B 11, dated May 23, 2000, and approved the acquisition by condemnation pursuant to Resolution 2000- 164, Agenda Item 8 B 1, dated May 23, 2000. Please contact me if you have any questions or comments at 8991. Thank you. attachments as stated cc: Tax Appraiser's Office w/attachment Inventory File w/attachment Office of the Real Property Management Department PROJECT: City of Naples/Collier County Computerized Signal System FOLIO: 00269120006 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between PERSECO CORPORATION, a Florida corporation, (hereinafter referred to as "Owner"), whose mailing address is 1410 Airport Road North, Naples, Florida 34104, and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for maintenance of traffic signal pole purposes over, under, upon and across the lands described in Exhibit "A" (said easement 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 at no cost to the County, unless otherwise stated herein. 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 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. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County 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 County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. 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 Owner. The cost of a title commitment shall be paid by County. 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 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. 10. 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.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: ~d AS TO COUNTY: DATED:~¢ ATTEST: 'D.~IGH_ T;E.::i,BROCK, Clerk · ::'~.~/.,/~--~/--~/~"z¢'~,,~,DepL~t~ Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C~A BY: /'" /~'~',~. ?~ /_/_Z ..~..~ Tim th~3~ cons~/.~b; c~a~'r~'~'/ W~..~f,~SSES: /') Witness (Signature) Name: ~4~-~ ~,.~,~.'"~ (Print) Witness ~'gnature) - Name: ¢~, ~ t~ ~- ~..¢--_,~ (Print)l PERSECO CORPORTATION, a Florida corporation Approved as to form and legal sufficiency: Robert ZachAry Assistant County Attorney 3 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROSECT: 60171 PARCEL: 102 EXHIBIT 'w" Pai~___/.__of ~ FOLIO: 00269120006 1 LOT 79 COCONUT RIVER f~ UNIT ~ P.O.B. N 89°39'!,,,5,"E ~ ~1 240.00' . , ~ 10' ~o ~ oo - I-- ~,- ~,- O z ~ ~' I i S 8,9,°39'15",W, , 240.00' OUTRIGGER LANE LEGAL DESCRIPTION BEGIN AT THE SOUTHEAST CORNER OF LOT 79 OF THE PLAT THEREOF, COCONUT RIVER UNIT 1 AS RECORDED IN PLAT BOOK 3, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; SAID POINT OF BEGINNING LYING ON THE WEST RIGHT OF WAY LINE OF AIRPORT ROAD; THENCE S 00°42'05" E ALONG SAID RIGHT OF WAY 20 FEET; THENCE 889"39'15" W 10 FEET; THENCEN 00°42'05" W 20 FE~T; THENCE N 89°39'15" E 10 FEET TO THE POINT OF BEGINNING. CONTAINING 200 SQUARE FEET MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B, = POINT OF BEGINNING 3) SEC. = SECTION PREPARED BY: 5) RGE. = RANGE ~ , . .... ........ 6) R/W = RIGHT OF WAY 'C'~O~LIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR Dla-,AWI~I BY ~l'lbL;KbU ~y SCALE DATE FILE NO. NOT TO SCALE JANUARY 19, 2000 STWR620S SHEET 1 OF 1 2646793 OR: 2684 PG: 3228 RECORDED in OPPICIAL RECORDS of COLLIBR COUNT~, PL 06/09/2000 at 10:51AM DWIGHT H. BROCK, CLERK ~0~-.70 COPIES REAL PROPERTY [IT 8991 I~T~R 0~I¢~ 15.00 ,70 3.00 PROJECT: City of Naples/Collier County Computerized Signal System FOLIO: 00269120006 2643738 OR: This properly has been acquired under threat of eondernnaUon and is erarapt from documa~ry stamp tax 2682 PG: 0850 RBCOBDID in OFFICIAL !ICORDS 0K COLLIIR COUNTI, FL OS/021Z000 at 01:26PN DIflGr? B. B~CI[, CLJRK RSC FIR 15,00 Beth: IIAL L~Ol~l?! BIT 8991 I!JT~R O/FIC~ ---PUR~SOAHT TO TH~ P/RO~ZSX.O~$_ T~AFFI~ SIGNAL EASEMENT OF RESOLUTION N~ ~ ~' ~ THIS ~SEMENT, made and entered in~ this ~n~ day ~ ~~ 2~, by PERSECO CORPO~ON, a FIo~da ~rpomtion, who~ mail~g addms; 1410 N~o~ Road Noah, Naples, Florida ~104, as Gruner to COLLIER COUNt, a p~i sunivision of the S~te of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida ~112, i~ suckssore and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive, license, and privilege for installation and maintenance of traffic signal pole purposes on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and take materials for installation and maintenance of traffic signal pole purposes thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. PERSECO CORPORATION, a Florida corporation I~avl~l Eftekhar, P..~. id~nt OR: 2682 PG: 0851 STATE OF ~:Lo~.,b~ COUNTY OF _~-'~, ~- ~ The foregoing Traffic Signal Easement was acknowledged before me this ~no( day of __J~L__~.~, 2000, by David Eftekhar, President, on behalf of Perseco Corporation, who is personally known to me or who has produced ~F'_~__~ZJvC_.~/_;ce~Jcas identification. (Affix notadal seal) ~ Gind~ ~ Erb (Pdnt Name of Notary) . Commission #~ ~'/ My Commission Expires: Prepared by:. Robert N. Zachary, Esfulre Office of the County Attorney 3301 East Tamland Trail Naples, Florida 34112 (941) 774-8400 *** OR: 2682 PG: 0852 *** PUBLIC WORKS ENGINEERING DEPARTMENT aao1 F.~ST TAMIAMI TRAIL NAPLES. FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT PRO3ECT: 60171 PARCEL: 102 FOLIO: 00269120006 LOT 79 COCONUT RIVER UNIT 1 P.O.B. a as'a~16'~ ...... 240.00' OUTRIGGER LANE LEGAL DESCRIPTION BEGIN AT THE SOUTHEAST CORNER OF LOT 79 OF THE PLAT THEREOF, COCONUT RIVER UNIT 1 A~I ~ IN PLAT BOOK 3, p.a~ ~, OF THE PUBUC R~CORD~ OF COLLIER COUNTY, FLORIDA; 8ND POINT OF BEGINNING LYlI~ ON THE WES"r RII~'T OF WAY UNE OF AJRPORT ROAD; THI~N~E 8 0G'4~'06' B ALONG ~AID RIQHT OF WAY 20 FEET; THENCE 889"'~'t ~" W 10 FEET; 'rH~NCEN ~0'42'M' W ~0 FF.~; THENCE N ~3g't6' E 10 FEBT TO THE POINT OF ~EGINNING, CONTAINING 200 8QUAKE FEET MOIRE OR LE88. P.O~ - ~T OF B~I~ING - ~ON 'T--HIP - me~ ~ wAY ~ORQE ~LIER COUN~ PUBLIC WORK~ D;ST~8 ~ IN FE~ V~D U~e8 81~D ~D 8~D~ ~8~ 8~ OF A ~10~ ~D 8UR~OR ~OT TO SCALE J~UARY