Folio #71750001058 & 00395680106 Donation AgreementProject: Sabal Bay Force Main
Folio No: 71750001058 & 00395680106
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 6o day of
Nowe"" 2013 by and between MINTO SABAL BAY, LLC, a Florida limited liability
company, whose mailing address is 4400 W. Sample Road, Suite 200, Coconut Creek, Florida
33073, (hereinafter referred to as "Owner "), 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, its successors and assigns, whose mailing address is 3335 Tamiami Trail
East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "CCWSD ");
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, maintaining, accessing, 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; 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 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
CCWSD on or before the date of Closing.
3. CCWSD shall repair or replace at their cost any existing or future above ground /below
ground improvements such as landscaping, walls, signs, access roads, utilities, etc., to existing
conditions or better due to the repair and /or replacement of the CCWSD owned and maintained
wastewater force main. Additionally, the Owner, its successors and assigns, may utilize the
Easement Area for access, and is allowed to construct site improvements, including, and not
limited to access roads, walls, signage structures, utilities, landscaping, within the Easement
Area.
4. 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.
5. Owner agrees to convey the Easement for the purpose of accessing, staging,
constructing, operating and maintaining utility facilities on lands contiguous to the Easement.
CCWSD shall restore the surface of any lands disturbed within the Easement after construction
has been completed.
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 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.
N
8. 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 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 CCWSD 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.
9. The CCWSD 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. CCWSD
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 CCWSD.
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 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 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.
12. 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.)
13. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN ITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of 2013.
AS TO CCWSD:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
D t Clerk
Attest �;� n's
signature one
`t�3dl:leStltldl /rt
BOARD OF COUNTY COMMI,9*
OF COLLIER COUNTY, FLOiTi, AS
THE GOVERNING BODY O[-Ql kk``
COUNTY AND AS EX -OFFIQdTFIE - _
GOVERNING BOARD OF T t3LLt1E8; :_.
COUNTY WATER -SEWE ijtl�T
Bv Al
M
AS TO OWNER:
DATED:
MINTO SABAL BAY, LLC, a Florida limited
liability company
Witness (Signature)
Name: w. By:
(Print or Type)
Name: W,G c., R+K
Title: v, cf— S I Drc N i
Witness (Signature)
Name: ViDtL T_
(Print or Type)
Approved as to form and legality
AAA, KkU
Assis t Co'unt# Attorney
CAC
i'
lil =N
LEGAL DESCRIPTION
Being a part of Tract "U ", Sabal Bay Commercial Plat -Phase Two,
Plat Book 41, pages 10 -11, and part of Section 19,
Township 50 South, Range 26 East and
Section 24, Township 50 South, Range 25 East
Collier County, Florida
(Proposed Collier Utility Easement (C.U.E.)
EXHIBIT
All that part of Tract "U ", according to the plat of Sabal Bay Commercial Plat -Phase Two,
Plat Book 41, pages 10 -11, of the public records of Collier County, Florida, and that part of Section 19,
Township 50 South, Range 26 East and Section 24, Township 50 South, Range 25 East
Collier County, Florida being more particularly described as follows;
Beginning at the Southwest Corner of Tract "R ", according to the Plat of Sabal Bay Commercial
Plat - Phase One as recorded in Plat Book 38, Pages 81 through 84, Public Records of Collier
County, Florida.
Thence along the southerly line of said Tract "R ", 14.02 feet along the arc of a circular curve concave northwest
having a radius of 810.00 feet through central angle of 00 °59'29" and being subtended by a chord which bears North
63 °49'15" East 14.02 feet to a point on the existing Collier County Utility Easement as recorded in Official Records
Book 4948, page 1693, of the public records of Collier County, Florida;
Thence along said easement in the following five (5) described courses:
1. South 61 °06'26" East 44.30 feet;
2. South 31 °47'17" East 56.86 feet;
3. 259.93 feet along the arc of a circular curve concave north having a radius of 162.50 feet through a central
angle of 91 °38'52" and being subtended by a chord which bears South 77 °36'43" East 233.09 feet;
4. 95.86 feet along the arc of a non - tangential circular curve concave south having a radius of 111.29 feet
through a central angle of 49 °21'02" and being subtended by a chord which bears North 81 °11'22" East
92.92 feet;
5. South 74 °11'12" East 542.06 feet;
Thence leaving said easement South 39 °02'44" East 23.69 feet;
Thence North 74 °10'44" West 565.50 feet;
Thence 73.43 feet along the arc of a circular curve concave south having a radius of 88.00 feet through a central
angle of 47 °48'35" and being subtended by a chord which bears South 81 °54'59" West 71.32 feet;
Thence South 58 °00'41" West 44.39 feet;
Thence 134.21 feet along the arc of a circular curve concave north having a radius of 120.00 feet through a central
angle of 64 °04'55" and being subtended by a chord which bears North 89 °56'51" West 127.33 feet;
Thence North 57 °54'23" West 60.58 feet;
Thence 30.14 feet along the arc of a circular curve concave southwest having a radius of 105.00 feet through a
central angle of 16 °26'39" and being subtended by a chord which bears North 66 °07'42" West 30.03 feet;
Thence North 74 °21'02" West 168.59 feet;
Thence North 19 °51'40" West 19.20 feet to a point on the boundary of said Tract "U ",;
Thence along said boundary 97.34 feet along the arc of a non - tangential circular curve concave north having a radius
of 810.00 feet through a central angle of 06 °53'07" and being subtended by a chord which bears North 67 °45'33"
East 97.28 feet to the POINT OF BEGINNING.
Containing 0.54 acres or 23,306 square feet, more or less.
Subject to easements and restrictions of record.
Bearings are based on the easterly line of said Tract "H ", being North 50°55'33" East.
Certificate of authorization #LB -7866
Stantec Consulting Services Inc.
Registered Engineers and Land Surveyors
By. Date: August 29, 2013
Lance T Miller, Professional Surveyor and Mapper #LS5627
Not valid unless embossed with the Professional's seal.
Ref. 213-122C
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PAGE 81 84 TRACT
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