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Foxfire IQ Pumping Station Donation Agreement PROJECT: FOXFIRE ID PUMPING STATION CONTROL TAX IDENTIFICATION NUMBER:33885800007 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY, INC., a Florida nonprofit corporation, whose mailing address is 1030 Kings Way, Naples, Florida 34104-4988, (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, (hereinafter referred to as "County"), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non-exclusive utility easement for the purpose of access, installation, and maintenance of utility facilities and other utility appurtenances over, under, upon and across the lands described in Exhibit "A" (said utility easement hereinafter referred to as the "Easement"), which is attached hereto and made a part of this Agreement; 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 a Utility Easement to County at no cost to the County, unless otherwise stated herein. 2. County will be responsible for all repairs, maintenance, and related costs for its above-ground and in-ground infrastructure within the easement area. This provision shall survive Closing and is not deemed satisfied by the conveyance of Easement. 3. County has confirmed the ownership of the lands underlying the Easement to be granted pursuant hereto, and Owner and all its related entities make absolutely no representations or certifications with regard to same. This provision shall survive Closing and is not deemed satisfied by the conveyance of Property. � 'Ir� 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. 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. The cost of a title commitment shall be paid by County. 6. 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. 7. 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. 8. 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 as of the dates herein below. AS TO COUNT{ DATED: a/4 ?„8 is ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT,,E. BROOK, Clerk OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODYOF COLLIER ; COUNTY AND AS EX-OFEICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT elk ; • „ , BY: A •st as to ChalAy Clerk TIM NANCE, Chairman signature only. Approved as to form and legality: By: -� Je er A. Belped Assistant County A ey 2 AS TO OWNER: FOXFIRE COMMUNITY ASSOCIATION OF COLLIER CO • INC., a - if- j ( a Florida no - ofit cor oration DATED: BY: alir,7 Ed Williams, Presi• -nt .l , ATTEST Air/'d & Bil[�,ermak, Corporatio - - President 3 E EXHIBITLEL ._.il j ''''a a e_.I of 2 1 ..„, 1 ,,,t , i E.F.GAINES SURVEYING SERVICES,INC, FOXFIRE PUMP STATION UTILITY EASEMENT BEING PART OF PARCEL"B",FOXFIRE UNIT THREE(PLAT BOOK 13,PAGES 101-103) SECTION 6,TOWNSHIP 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA All that part of Parcel"B",Foxfire Unit Three according to the plat thereof as recorded in Plat Book 13,Pages 101 through 103,Public Records of Collier County,Florida being more particularly described as follows: BEGINNING at the southeast corner of Tract 10,Foxfire Unit Three according to the plat thereof as recorded in Plat Book 13,Pages 101 through 103,Public Records of Collier County,Florida said point also being a corner on the boundary of Parcel`B"of said Foxfire Unit Three; Thence along the east line of said Parcel"B"South 0°44'25"East for 35.75 feet; Thence South 89°15'35"West for 46.15 feet to the southeast line of said Tract 10; Thence along said southeast line North 51°30'00"East for 58.37 feet to the Point of Beginning of the parcel herein described; Bearings are based on the east line of said Foxfire Unit Three being South 0 044'25"East; Parcel contains 825 square feet,more or less; Subject to easements,restrictions and reservations of record; Prepared by: E.F.Gaines Surveying Services,Inc. Florida License No. LB 7165 4, r/Y f y Elizabines, PSM Date Florida License No.LS 4576 Sketch: EFG Drawing No.0518-002 E.F.Gaines Surveying Services,Inc. - 5235 Ramsey Way,Suite 10 - Fort Myers,Florida 33907 P: 239-418-0126 • F: 239-418-0127 - www.EFGaines.com rage 2_._.0F 2. . NOTES: 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR ZONING, EASEMENTS, RIGHTS-OF-WAY, OWNERSHIP, RESTRICTIONS OR SETBACKS. 2. BASIS OF BEARINGS IS AS SHOWN. DISTANCES ARE IN FEET AND DECIMALS THEREOF. 3. THIS SKETCH IS NOT A BOUNDARY SURVEY. 4. SEE ATTACHED FOR LEGAL DESCRIPTION. a ' Z�r � Z W M �5 m Iw <=§c5<i_ Za O_ O 0.ler TRACT 10 I- z w 2 in tn PROPOSED EASEMENT '► a (825 t SQUARE FEET) ` w M ao b n a V1 41 vi Cc ivii S.8915'35"W. 46.15' 3 �.� s .o, © Ic n. o FOXFIRE UNIT THREE o (PLAT BOOK 13, PAGES 101-103) p J LA- PARCEL "B" (DRAINAGE EASEMENT) THIS IS A SKETCH TO ACCOMPANY A LEGAL DESCRIPTION (SEE ATTACHED) OF A PROPOSED EASEMENT LOCATED WITHIN A PORTION OF PARCEL "B", FOXFIRE UNIT THREE (PLAT BOOK 13, PAGES 101-103), PUBLIC RECORDS OF COWER COUNTY, FLORIDA. PREPARED BY: 6et/- 1 ELIZ ETH F. GAINES PSM FL LICENS O. LS 4576 NOT VAUD #IHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL Of THE ABOVE NAMED RAMA PROFESSIONAL SURVEYOR AND MAPPER. E.F. Gaines Surveying Services, Inc. T DATE OF DRAWING: 08/04/2014 REVISIONS/DATE: Florida License No. L87165 DATE OF FIELD WORK: N/A 5235 Ramsey Way,Suite 10 SCALE: 1"=20' Fort Myers,Florida 33907 DRAWING FILE: 0518-002 Phone:239-418-0126 Fax:239-418-0127 SHEET 1 OF 1