P.S. 302.09 Donation Agreement PROJECT: PS 302.09 St. Peters Catholic Church
TAX ID: 55450960004&55451000002
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into by and between FRANK J. DEWANE, AS BISHOP OF THE DIOCESE OF VENICE, a
Corporation Sole, (hereinafter referred to as "Owner"), whose mailing address is 1000
Pinebrook Road, Venice, Florida 34285, 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 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 easement hereinafter referred to as the "Utility Easement"),
which is attached hereto and made a part of this Agreement;
WHEREAS, County requires a perpetual, non exclusive Access Easement for the
purpose of access, to, over, under, upon and across the lands described in Exhibit "B"
(hereinafter referred to as the "Access"), which is attached hereto and made part of this
Agreement; and
WHEREAS, Utility Easement and Access are hereinafter collectively referred to as
"Property"; and
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 a Utility Easement and Access Easement to
County at no cost to the County, unless otherwise stated herein. Upon recordation of the
Utility Easement, a portion of the easement recorded in OR Book 1216 Page 20, as shown in
Exhibit "C" shall automatically be terminated.
1
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 reserves the right to relocate the Utility Easement and any utility facilities and
utility appurtenances located within the Utility Easement, at its cost, in the event of future
development. Owner agrees to grant County a replacement Utility Easement for such
relocation.
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
2 j rr.-
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: r-a hrc1 X 55, ,2U jo #t .20/0 39
r araa ls4 -' I(P.S i
AS TO COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E B`ROCK,1,CCterk COLLIER COUNTY, FLORIDA
\OtS4 ,C . BY: / A
Attest as D-C i*.Clerk TIM NANCE, Chairman
Appro . i6 air and4egality:
• • I -fir-._.
Jennifee A. Belpedio, As iliii County Attorney
AS TO OWNER: N\,
WITNESSES:
I/l. L, �>= �„Thi FRANK J. DEWANE, as Bishop of the Diocese
Witness(Signature) of Venice, Florida, a Corporation Sole
Name: rl `; Ir7''1,r'�thD
(Print)
/ - //L—,_i/
Witness ignatu e) olodym,r Smeryk, is Attorn-y i - act
Name: i 4 71, ,lier>1 Z1(l v ,
(Print)
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EXH1BiT 416i '_.
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Stantec of
3200 Bailey Lane,Suite 200, Naples FL
Legal Description
Being a part of Block 18,
Lely Tropical Estates, Unit No. 1,
Plat Book 8, Page 50,
Collier County, Florida.
(Proposed Utility Easement)
All that part of Block 18, according to Lely Tropical Estates, Unit No. 1, Plat Book 8,
page 50, of the public records of Collier County, Florida, being more particularly
described as follows;
Commencing at the Southeast corner of said Block 18;
Thence along the east line of said Block 18, North 00°58'15"West 660.00 feet;
Thence leaving said east line South 89°32'18"West 79.99 feet to the POINT OF
BEGINNING;
Thence continue South 89°32'18"West 27.94 feet along the Utility Easement as
recorded in Official Records Book 1216, page 20, of the public records of Collier
County, Florida;
Thence leaving said easement North 00°58'15"West 336.38 feet to a point on the
Utility Easement as recorded in Official records Book 1249, page 1102, of the public
records of Collier County, Florida;
Thence along said easement South 89°59'44"East 27.94 feet to a point on the
Access Easement as recorded in Official Records Book 4329, page 760, of the
• public records of Collier County, Florida;
Thence along said easement South 00°5815" East 336.16 feet to the POINT OF
BEGINNING.
Containing 0.22 acres more or less
Subject to easements and restrictions of record.
Bearings are based on the east line of said Block 18, being North 00°58'15"West.
Certificate of authorization#LB-7866
Stantec Consulting Services, Inc.
Registered Engineers and Land Surveyors
By: Date: September 2, 2015
Lance T Miller, Professional Surveyor and Mapper#LS5627
Ref. 2C-1153, sht 3
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Stantec
3200 Bailey Lane,Suite 200,Naples FL
Legal Description
Being a part of Blocks 17 and 18,
Lely Tropical Estates, Unit No. 1,
Plat Book 8, Page 50,
Collier County, Florida.
(Proposed County Access Easement)
All that part of Blocks 17 and 18, according to Lely Tropical Estates, Unit No. 1, Plat
Book 8, page 50, of the public records of Collier County, Florida, being more
particularly described as follows;
Commencing at the Southeast corner of said Block 18;
Thence along the south line of said Block 18, South 89°32'18" West 62.00 feet to the
POINT OF BEGINNING;
Thence continue along said line South 89°32'18" West 12.81 feet;
Thence leaving said line 22.02 feet along the arc of a non-tangential circular curve
concave northwest having a radius of 41.57 feet through a central angle of
30°21'11" and being subtended by a chord which bears North 22°53'17" East
21.77 feet;
Thence North 00°58'14" West 6.22 feet;
Thence 39.05 feet along the arc of a circular curve concave southwest having a
radius of 25.00 feet through a central angle of 89°2927" and being subtended by a
chord which bears North 45°42'58" West 35.20 feet;
Thence South 89°32'19" West 260.37 feet;
Thence 53.74 feet along the arc of a circular curve concave southeast having a
radius of 40.00 feet through a central angle of 76°58'36" and being subtended by a
chord which bears South 51°03'01" West 49.79 feet;
Thence South 89°32'18" West 24.39 feet;
Thence 91.49 feet along the arc of a non-tangential circular curve concave
southeast having a radius of 64.00 feet through a central angle of 81°54'13" and
being subtended by a chord which bears North 48°35'12" East 83.89 feet;
Thence North 89°32'19" East 259.72 feet;
Thence 39.49 feet along the arc of a circular curve concave northwest having a
radius of 25.00 feet through a central angle of 90°30'33" and being subtended by a
chord which bears North 44°17'03" East 35.51 feet;
Thence North 00°58'14" West 132.01 feet;
Thence 32.95 feet along the arc of a circular curve concave southwest having a
radius of 25.00 feet through a central angle of 75°31'21" and being subtended by a
chord which bears North 38°43'55" West 30.62 feet to a point of reverse curvature;
Thence 51.41 feet along the arc of a circular curve concave northeast having a
radius of 39.00 feet through a central angle of 75°31'21" and being subtended by a
chord which bears North 38°43'54" West 47.77 feet;
Thence North 00°58'14" West 291.14 feet;
Thence North 00°27'41" West 18.04 feet;
Thence 7.20 feet along the arc of a circular curve concave east having a radius of
34.00 feet through a central angle of 12°08'17" and being subtended by a chord
which bears North 05°36'27" East 7.19 feet;
Thence North 11°40'36" East 7.63 feet;
1
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Stantec
3200 Bailey Lane,Suite 200,Naples FL
Thence 22.66 feet along the arc of a circular curve concave west having a radius of
140.00 feet through a central angle of 09°16'32" and being subtended by a chord
which bears North 07°0220" East 22,64 feet to a point on the Utility Easement as
recorded in Official records Book 1216, page 20, of the public records of Collier
County, Florida;
Thence along said easement North 89°32'18" West 24.03 feet;
Thence leaving said easement 27.75 feet along the arc of a circular curve concave
west having a radius of 164.00 feet through a central angle of 09°41'41" and being
subtended by a chord which bears South 06°49'45" West 27.72 feet;
Thence South 11°40'36" West 7.63 feet;
Thence 2.12 feet along the arc of a circular curve concave east having a radius of
10.00 feet through a central angle of 12°08'17" and being subtended by a chord
which bears South 05°36'27" West 2.11 feet;
Thence South 00°27'41" East 17.94 feet;
Thence South 00°58'14" East 291.04 feet;
Thence 19.77 feet along the arc of a circular curve concave northeast having a
radius of 15.00 feet through a central angle of 75°31'21" and being subtended by a
chord which bears South 38°43'55" East 18.37 feet to a point of reverse curvature;
Thence 18.66 feet along the arc of a circular curve concave southwest having a
radius of 49.00 feet through a central angle of 21°49'00" and being subtended by a
chord which bears South 65°35'05" East 18.55 feet to a point on the Access
Easement as recorded in Official Records Book 4329, page 760, of the public
records of Collier County Florida;
Thence along said easement South 00°58'15" East 271.75 feet to the POINT OF
BEGINNING.
Containing 0.45 acres more or less,
Subject to easements and restrictions of record.
Bearings are based on the south line of said Block 18, being South 89°32'18" West.
Certificate of authorization #LB-7866
Stantec Consulting Services, Inc.
Registered Engineers and Land Surveyors
By: Date: September 2, 2015
Lance T Miller, Professional Surveyor and Mapper#LS5627
Ref. 2C-1153, sht 1
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Sta ntec Page 1 of _ -2-
3200 Bailey Lane,Suite 200,Naples FL
Legal Description
Being a part of Blocks 12 and 18,
Lely Tropical Estates, Unit No. 1,
Plat Book 8, Page 50,
Collier County, Florida.
(Portion of Utility Easement recorded in
Official Records Book 1216, page 20, to be vacated)
All that part of Blocks 12 and 18, according to Lely Tropical Estates, Unit No, 1, Plat
Book 8, page 50, of the public records of Collier County, Florida, being more
particularly described as follows;
Commencing at the Southeast corner of said Block 18;
Thence along the east line of said Block 18, South 00°58'15" West 640.00 feet;
Thence leaving said east line South 89°32'18" West 107.93 feet to a point on the Utility
Easement as recorded in Official Records Book 1216, page 20, of the public records of
Collier County, Florida and the POINT OF BEGINNING;
Thence along said Utility Easement in the following Four(4) described courses:
1. South 89°32'18" West 101.45 feet;
2. North 35°12'08" West 46.38 feet;
3. North 01°03'36" West 185.26 feet;
4. North 14°53'05" West 134.98 feet to a point on the boundary of said Block 18;
Thence along said boundary North 00°27'42" West 3.59 feet to a point on the Utility
Easement as recorded in official Records Book 1249, page 1102, of the public
records of Collier County, Florida;
Thence along said easement South 89°59'44" East 19.77 feet to a point on said
utility Easement as recorded in Official Records Book 1216, page 20;
Thence along said Utility Easement in the following Four(4) described courses:
1. South 14°53'05" East 134.81 feet;
2. South 01°03'36" East 181.54 feet;
3. South 35°12'08" East 29.76 feet;
4. North 89°32'18" East 90.80 feet;
Thence leaving said easement South 00°58'15" East 20.00 feet to the POINT OF
BEGINNING.
Containing 0.21 acres more or less
Subject to easements and restrictions of record.
Bearings are based on the east line of said Block 18, being North 00°58'15" West.
Certificate of authorization #LB-7866
Stantec Consulting Services, Inc.
Registered Engineers and Land Surveyors
By: Date: September 2, 2015
Lance T Miller, Professional Surveyor and Mapper#LS5627
Ref. 2C-1153, sht 2
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