Donation Agreement Project: Regent Park Villas Wastewater Mains Relocation
Folio: 69145500008
UTILITY AND ACCESS EASEMENT DONATION AGREEMENT
THIS UTILITY AND ACCESS EASEMENT DONATION AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this _ day of
�cc �n , 2013 by and between REGENT PARK VILLAS II ASSOICATfON, INC., a
Florida non profit corporation (hereinafter referred to as "Owner"), whose mailing address is
2338 Immokalee Road, Suite 422, Naples, Florida 34110 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 (hereinafter referred to as "CCWSD"), whose mailing
address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD requires a perpetual non-exclusive Utility and Access Easement
over, 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 "Easement") for purposes of
constructing, operating and maintaining access, infrastructure and improvements necessary to
CCWSD's utility facilities; and
WHEREAS, Owner desires to convey a Utility and Access Easement over the Easement
area to CCWSD for the stated purposes, on the terms and conditions set forth herein;
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement to the CCWSD for the stated purposes, on the terms and conditions set forth herein,
said terms including that no compensation shall be due o nd payable for the Easement
requested by CCWSD; 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 are
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey the Easement via a Utility and Access Easement to CCWSD at no
cost to CCWSD, unless otherwise stated herein.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Easement, 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. Owner shall provide such instruments, properly
executed, to CCWSD 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 CCWSD executes this Agreement; provided;
however, that CCWSD 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 CCWSD's
enjoyment of the Easement.
4. Owner agrees to convey the Easement for the purpose of constructing, operating and
maintaining utility facilities on lands within the Easement. CCWSD shall restore the surface of
any lands disturbed within the Easement after construction has been completed.
5. 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.
6. Owner represents that the Easement and all uses of the Easement 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 Easement
except as specifically disclosed to CCWSD; that the Owner has no knowledge of any spill or
environmental law violation on any property contiguous to or in the vicinity of the Easement to
be conveyed to CCWSD; that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Easement b) any existing or threatened environmental lien
against the Easement or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Easement. This provision
shall survive closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from,
and to reimburse the CCWSD with respect to, any and all damages, claims, liabilities, laws,
costs and expenses (including without limitation reasonable pai alegal 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 CCWSD by reason or arising out
of the breach of Owner's representation under Section 6. This provision shall survive Closing
and is not deemed satisfied by conveyance of title.
8. CCWSD shall pay for all costs of recording the Utility and Access Easement in the Public
Records of Collier County, Florida. The owner shall pay for all other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes.
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 Easement 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.
I WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of D-cm r , 2013.
AS TO CCWSD:
DATED: k21`b-V3
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
�, r r GOV = ING BOARD OFT E COLLIER
COU AT; R-SEWER '!STRICT
By
Attest a t " Qlerk G-. •is er, Esq., Chairwoman
Signature Mk.
AS TO OWNER:
DATED: ikb✓er /di cl3
ietztea-
.0 REGENT PARK VILLAS II ASSOCIATION, INC.,
ness (Signature) a Florida non profit corporation
Name: ZoL,ryi Z ortP..P) )
(Print or Type)
B � 1
•Witne Sig ur 'oberta J. ►=Iton, Preside
Name: I/. • .0 4#ai .d
(Print or T ) I
pprovcd as to form and legality
• ImIA AA AA
Assistant ounty •rney
G�'
, c 1
GRAPHIC SCALE NOTES
0 50 100 200 1. This is not a survey.
2. Bearings shown hereon are based on the South line of Lot 5,
Block 5, Regent Park Replat, according to the P/at thereof, being
( IN FEET ) S89°06'09 E
3. No easement search or abstracting was done by the surveyor and
1 inch = 100 ft note should be taken that this property is subject to any facts
that may be revealed under a full and accurate title search.
4. Unless otherwise indicated, all existing easements shown hereon are
based on plat.
5. No other persons or entities other than those listed as exclusive
SURFACE LEGEND — — users may rely on this sketch and description.
r 7 6. All dimensions are in feet and decimals thereof, unless otherwise
EXISTING EASEMENT L _ _ J noted.
7. Subject to easements, reservations, and restrictions of record.
PROPOSED EASEMENT ///,
N J II
/ / / 1
I
REGENT PARK _4,
VILLAS II
REGENT PARK I \ O.R. 4748, PG. 470-472 i I �
VILLAS / I 1\
' 1 I
O.R. 4786, \ 1. �I�
PG. 1737-1739 ��\ I I
,5,
S
10' U.E. l
S88'26'09"E 238.12' I PER PLAT
LINE TABLE °x i®�s����,������
LINE BEARING DISTANCE k 1 I J k VI: W., f' .� — L3
L i N1'33'51"E 10.00' I BEGINNING
UTILITY I I
L2 N1 33'51 E 10.00' = EASEMENT 2E REGENT PARK
O.R. BOOK 4893
L3 so21'11 E 10.01' 5' I PG. 1148-1162
I VILLAS III
oo
7f1' uE `�' I O.R. 4748,
PER PLAT= PG. 481-483
`u J
POINT OF COMMENCEMENT 7
S.W. CORNER OF LOT 5, M
BLOCK 5, REGENT PARK, 1 ;o
COLLIER COUNTY, FLORIDA a
2
LOT 6
TRACT 'D" (DRAINAGE RETENTION)
589'06'09 E 198.1 - S89'06'59-"E' 1 0'
SOUTHWEST;CORNER OF ____1 —
REGENT PA,RK'`VPLLAS II.
For the,60fus1Ve gise< Of , ,
Johnson t'hg311eering t �NEYING SKETCH & DESCRIPTION
" 65 ` ' r` `� ''' UTILITY EASEMENT,
D y m .' c°1 v REGENT PARK VILLAS II,
David J t
Florida 1,1,e d 1No. 58 s•t`e µ H
Noti rVidcwlthout the re and r� Z
COLLIER COUNTY, FLORIDA
original fsedl-of.the A . Licensed ` 1
A LIMITED LIABILITY COMPANY
Professionv)i Su1v &^ t d Mapper MARCO SURVEYING & MAPPING CLIENT:I Johnson Engineering
Certificate of A44harization #7705. 3825 BECK BOULEVARD
SUITE 725 PROJECT# l P-034 SUB PROJECT: Re g ent Park Sketch & Descriptions
p
tions
NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET# DRAWING NO.
(239) 389-0026
\ WWW.MARCOSURVEYS.COM RY 10/2013 1" = 100' 13-239 1 OF 2 1-023"
Description Utility Easement
Being a portion of Lot 5, Block 5, Regent Park Replat, as recorded in Plat Book 14, at Pages 57
and 58, of the Public Records of Collier County, Florida, also being a portion of those lands
described in the Amended Declaration of Condominium for Regent Park Villas II, as recorded in Official
Records Book 4748, at Pages 470-472, of the Public Records of Collier County, Florida, being more
particularly described as follows:
COMMENCING at the southwesterly corner of Lot 5, Block 5, of Regent Park Replat, as recorded in
Plat Book 14, at Pages 57 and 58, of the Public Records of Collier County, Florida; thence run South
89°06'09" East, along the southerly line of said Lot 5, for a distance of 198.14 feet to the
southwesterly corner of those lands described in the Amended Declaration of Condominium for
Regent Park Villas II as recorded in Official Records Book 4748, at Pages 470-472, of the Public
Records of Collier County, Florida; thence run South 89°06'09" East, along the southerly line of those
lands described in the Amended Declaration of Condominium for Regent Park Villas ll as recorded in
Official Records Book 4748, at Pages 470-472, of the Public Records of Collier County, Florida, for a
distance of 144. 10 feet; thence run North 00'53'51" East, for a distance of 258.75 feet to the the
southwesterly corner of those lands described as Easement 2E in Official Records Book 4893 at
Pages 1148 through 1162 of the Public Records of Collier County, Florida; thence run North
01°33'51" East, along the westerly line of said described lands, a distance of 10.00 feet to the
northwesterly corner of said described lands and the POINT OF BEGINNING.
From the POINT OF BEGINNING run North 01°33'51" East, for a distance of 10.00 feet; thence run
South 88°26'09" East, for a distance of 238.12 feet to its intersection with the westerly line of the
10 foot utility easement as shown on the Plat of Regent Park Replat, as recorded in Plat Book 14,
at Pages 57 and 58, of the Public Records of Collier County, Florida; thence run South 00°21'11"
East, along the westerly line of said 10 foot utility easement, for a distance of 10.01 feet; thence
run North 88°26'09" West, for a distance of 238.46 feet to the POINT OF BEGINNING.
Containing 2,382.90 square feet or 0.055 acres more or less.
Subject to easements, reservations and restrictions of record.
1- vEYING SKETCH & DESCRIPTION
�#, ' PI 1
o �_ �, ��'� -o UTILITY EASEMENT,
� � ` V REGENT PARK VILLAS
ll,
a t z COLLIER COUNTY, FLORIDA
c)
A LIMITED LIABILITY COMPANY
MARCO SURVEYING Be MAPPING CLIENT:I Johnson Engineering
3825 BECK BOULEVARD
SUITE 725 PROJECT/• P-034 SUB PROJECT. Regent Park Sketch & Descriptions
NAPLES, FLORIDA 34114 DRAFTED BY: DATE SCALE WO NUMBER SHEET DRAWING N0.
` w.Wv2�cOSUR�COM RY 10/2013 1" = 100' 13-239 12 OF 2 I 1-023I