Grey Oaks Donation Agreement PROJECT: Western Sewer Interconnect
PARCEL: Grey Oaks POA Inc.
FOLIO: 47790008524
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between GREY OAKS PROPERTY OWNERS ASSOCIATION, INC., a Florida
Non-profit corporation (hereinafter referred to as"Owner"), whose mailing address is 2600 Golden
Gate Parkway, Naples, Florida 34105 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.
WITNESSETH:
WHEREAS, CCWSD requires a perpetual non-exclusive Utility 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 Area")for purposes of constructing, operating,
maintaining, and accessing utility facilities thereon; and
WHEREAS, Owner desires to convey the Easement Area to CCWSD 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 Easement Area
to the CCWSD 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 Easement Area 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 is hereby mutually
acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey the Easement Area via a Utility Easement to CCWSD at no cost to the
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 Area, the execution of such instruments which will remove,
release or subordinate such encumbrances from the Easement Area 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 County's enjoyment of the Easement Area.
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 to the best of its knowledge, without any investigation, that no
hazardous substances have been generated, stored, treated or transferred on the Easement Area
except as specifically disclosed to the CCWSD; that the Owner has no knowledge of any spill or
environmental law violation on any Easement Area contiguous to or in the vicinity of the Easement
Area to be conveyed to the CCWSD, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Easement Area, b) any existing or threatened environmental lien
against the Easement Area or c) any lawsuit, proceeding or investigation regarding the generation,
storage,treatment, spill or transfer of hazardous substances on the Easement Area.
6. 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. Owner 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 Easement
Area from the mortgagee(s). The cost of a title commitment shall be paid by CCWSD.
1
O
PROJECT: Western Sewer Interconnect
PARCEL: Grey Oaks POA, Inc.
FOLIO: 47790008524
7. 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.
8. Conveyance of the Easement Area 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.
9. 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: Resolution 2010-39
AS TO COUNTY:
DATED,,1.o— W O ls DaJS Ti?/e',rr•"t •
ATTEST: BOARD OF COUNTY COMMISSIONERS 604,SIEff
DWIGHT E.'BROCK, Clerk COUNTY, FLORIDA,AS THE GOVERNINt` QQ`
OF COLLIER COUNTY AND AS EX-OFFICIO:'THE`
C GOVER0466439ARD OF THE COLLIEk#Q.0t1N`(Y
D. Clerk WATER-SyE TF3�@ om.
A' t as to C - a �/ c •
ai BY:
nature only,..y�' TIM NANCE, Chairman lal A! i?),•• •* •
•AS TO OWNER: \
WITNESSES: (
..
��. � ,
_� .��.I�. � ��` GREY OAKS PROP' 'TY OWNERS ASSOCIATION,
Witn ss(,�nature) INC., a Florida no • ofit corporaa "
Name' e,"0_,% ! _ t 7 •S
(P int) By
Witpess(Si nature , ��, Print Name: ✓ 5 1
Name: � /�/ �N Title: ,'mot∎d4--T
(Print)
Approved as to form and legality
Assistants unty Ate
2
EXHIBIT 4 IHMI HM PROJECT#2012.015
t_ 9/17/2015
�"ap.__L__.of -.��. HOLE MONTES REF. DWG.#B-6961
ENGINEERS PLANNERS •SURVEYORS Page 1 of 1
950 Encore Way•Naples, Florida 34110•Phone 239.254.2000•Fax: 239.254.2099
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF TRACT"E", GREY OAKS UNIT THREE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 20, AT PAGES 30 THROUGH
37 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER, SAID TRACT"E"; THENCE RUN N.88°56'03"W.,
ALONG THE NORTH LINE OF SAID TRACT"E", FOR A DISTANCE OF 15.00 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THE SAME BEING A POINT ON THE
WEST RIGHT-OF-WAY LINE OF LIVINGSTON ROAD, HAVING A 120.00 FOOT WIDE RIGHT-OF-
WAY; THENCE RUN S.00°14'01"E., ALONG SAID WEST RIGHT-OF-WAY LINE, FOR A DISTANCE OF
100.03 FEET TO A POINT ON THE NORTH LINE OF THAT PORPERTY AS DECRIBED IN OFFICIAL
RECORDS BOOK 2064 AT PAGE 1152; THENCE RUN N.88°56'03"W., ALONG THE NORTH LINE OF
SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2064, AT PAGE 1152, FOR A
DISTANCE OF 35.01 FEET; THENCE LEAVING SAID NORTH LINE OF SAID PROPERTY DESCRIBED
IN OFFICIAL RECORDS BOOK 2064, AT PAGE 1152, RUN N.00°14'01"W., FORA DISTANCE OF
100.03 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT"E"; THENCE RUN S.88°56'03"E.,
ALONG THE NORTH LINE OF SAID TRACT"E", FOR A DISTANCE OF 35.01 FEET TO THE POINT OF
BEGINNING; CONTAINING 3500 SQ. FT OR 0.080 ACRE, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO FLORIDA STATE PLANE EAST ZONE N.A.D. 83, 1999
ADJUSTMENT AND THE NORTH LINE, TRACT"E", GREY OAKS UNIT THREE, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 20, AT PAGES 30 THROUGH 37 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA AS BEING N.88°56'03"W.
HOLE MONIES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
E___
BY P.S.M. #6278
JOHN J. HILTON STATE OF FLORIDA
H:\2012\2012015\WP\SU\SKETCHES\PESL B-6961.docx
Naples•Fort Myers
EXHIPITA.
Page of_:f,_.,,
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EXHIBIT-4- HM PROJECT#2012.015
Page _ Li 9/17/2015
---�^ HOLE MONTES REF. DWG.#B-6959
ENGINEERS •PLANNERS -SURVEYORS Page 1 of 1
950 Encore Way•Naples, Florida 34110•Phone 239.254.2000•Fax:239.254.2099
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF TRACT"E", GREY OAKS UNIT THREE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 20, AT PAGES 30 THROUGH
37 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT MOST NORTHERLY CORNER, TRACT"R", GREY OAKS UNIT EIGHTEEN,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 47, PAGES 1 THROUGH 4 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.14°50'41"W., ALONG
THE BOUNDARY OF SAID TRACT"R", FOR A DISTANCE OF 53.70 FEET; THENCE RUN
S.00°09'06"E., ALONG THE BOUNDARY OF SAID TRACT"R", FOR A DISTANCE OF 99.91 FEET TO
A POINT ON THE SOUTH LINE OF THAT PROPERTY AS DESCRIBED IN OFFICIAL RECORDS
BOOK 2064, PAGE 1152 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THE SAME
BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE
S.00°09'06"E., ALONG THE BOUNDARY OF SAID TRACT"R", FOR A DISTANCE OF 190.62 FEET, TO
THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE
RUN SOUTHWESTERLY, ALONG THE BOUNDARY OF SAID TRACT"R"AND ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE
OF 83°34'27", SUBTENDED BY A CHORD OF 66.64 FEET AT A BEARING OF S.41°38'07"W., FOR A
DISTANCE OF 72.94 FEET, TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE
RUN WESTERLY, ALONG THE BOUNDARY OF SAID TRACT"R"AND ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 353.00 FEET, THROUGH A CENTRAL ANGLE OF
01°54'52", SUBTENDED BY A CHORD OF 11.79 FEET AT A BEARING OF S.82°27'54"W., FOR A
DISTANCE OF 11.80 FEET TO THE END OF SAID CURVE; THENCE LEAVING THE BOUNDARY OF
SAID TRACT"R", RUN N.00°09'06"W., FOR A DISTANCE OF 55.74 FEET; THENCE RUN
N.89°50'54"E., FOR A DISTANCE OF 35.00 FEET; THENCE RUN N.00°09'06"W., FOR A DISTANCE
OF 186.53 FEET; THENCE RUN S.88°56'03"E., FORA DISTANCE OF 21.11 FEET, TO THE POINT OF
BEGINNING; CONTAINING 6460.33 SQ. FT, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO FLORIDA STATE PLANE EAST ZONE N.A.D. 83, 1999
ADJUSTMENT AND TO THE EAST LINE, TRACT"R", GREY OAKS UNIT EIGHTEEN, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 47, PAGES 1 THROUGH 4 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA AS BEING S.00°09'06"E.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB#1772
D t (7*-- :N
i•
BY . '- P.S.M. #6278
JOHN J. HILTON STATE OF FLORIDA
H:\2012\2012015\WP\SU\SKETCHES\PCSL B-6959.docx
Naples•Fort Myers
EXHIBIT
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