Creekside IQ Water Main - #29331193049 & #29331193065 PROJECT:CREEKSIDE ID WATER MAIN
TAX ID NUMBERS: 29331193049(Tract 2)&29331193065(Tract 3)
ACCEPTED BY BCC PURSUANT TO RESOLUTION 2010.39
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between CREEKSIDE COMMERCE PARK PROPERTY OWNERS'
ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as
"Owner"), whose mailing address is 1370 Creekside Boulevard, Naples, FL 34108-1945, 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, (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 easement for the purpose of IQ water irrigation lines and pipes, service, and other
equipment or improvements, over, under, upon and across the lands described in Exhibit "A"
(said easement hereinafter referred to as the "Property"), which is attached hereto and made
a part of this Agreement;
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 to County at no cost to the
County, 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 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;
1
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 shall indemnify, defend, save and hold harmless the County against and
from, and to reimburse the County 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 County 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.
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. The Owner reserves rights to use the easement for sidewalk, landscaping and
detention area and other uses that do not violate rights otherwise granted by Owner to
County.
9. Owner shall plant no trees within eight (8) feet of the proposed improvements.
10. Maintenance of all sidewalks, landscaping and detention area, other uses shall be
the sole responsibility of Owner. Any damage to the property resulting from the IQ water
irrigation improvements, and maintenance activities, will be the responsibility of the County.
11. 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
2
representatives, successors, successor trustees, and/or assignees, whenever the context so
requires or admits.
12. 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.
13. 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.)
14. 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: o a? 2 b ti O t / '+l Cu 1 km
`?. ,o 9010 - 3°r
AS TO COUNTY:
DATED: )14/.ZO)7
ATTEST: ' BOARD OF COUNTY COMMISSIONERS,
OF COLLIER COUNTY, FLORIDA, AS
DWIGHT E. BROCK, Clerk THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
,
401111" GOVERNING BOARD OF THE COLLIER
/k is COUNTY WATER-SEWER DISTRICT .
/� a. 1 e•uty rk
&Attest as to,Chairman's ;
signature only. to``
BY: 7
PENNY T OR, Ch.ean
Approved as to form and legality:
•
Jennifer A. Belpedio, As ,nt County Attorney 32
1\\
AS TO OWNER:
DATED:
WITNESSES: CREEKSIDE COMMERCE PARK
PROPERTY OWNERS' ASSOCIATION, INC.
a Florida not-for-profit corporation
Witness#1 (Signature)
,A C • - By:
t
Witness#1 (Print Name) I all, Secretary/Treas er
c
Warless#2(S gnature)
Nt7C-, CUL
Witness#2(Print Name)
Approved as to form and legality
Assistant County orney
4 0\
4
R=25.00'
CREEKSIDE STREET N90°00'00"E 2.44' I9d & t 0 asap 0 ware SI 1 f
LOT 1II n CREEKSIDE COMMERCE PAa- - ____+__
TRACT R(PER PLAT) (BASIS OF BEARING) I1 L1=47°33'00" LAT BOOK 35, PAGE 43&44
N90'00'00 E 195.93'
—_,———— r I CB=S66°13'30"E
fi C=20.16'
POINT OF L=20.75'
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BEGINNING J
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R (INTENDED DISPLAY SCALE:1"=100') 120'WIDE I. I PLAT BOOK 35, PAGE 43& 44
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NOTES:
. 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH THIS IS NOT A SURVEY
LINE OF TRACT 2, PLAT OF CREEKSIDE COMMERCE PARK
WEST—UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC
8 RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID
'4°
NORTH LINE OF TRACT 2 BEARS NO0'00'O0"E.
0
" 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS KEVIN M. RISCASSI (FOR THE FIRM LB-642)
TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE PROFESSIONAL SURVEYOR AND MAPPER
SUBJECT PARCEL. FLORIDA CERTIFICATE NO. 6433
g 3. PARCEL CONTAINS 13,195 SQUARE FEET DATE SIGNED:
§ (0.302 ACRES) MORE OR LESS. NOT VALID WITHOUT THE SIGNATURE AND THE
4. NOT VALID WITHOUT DESCRIPTION ON SHEET 2 OF 2. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
JOHNSON ENGINEERING. I.NC.
2122 JOHNSON STREET UTILITY EASEMENT#2
P.O. BOX SKETCH TO ACCOMPANY DESCRIPTION
FORT MYERS. FLORIDA 33 33902-1550
PHONE: (239) 334-0046
ENGINEERINGE.B.FAX:#6429)83L4-3661
B. }642 DATE PROJECT N0. FILE NO. SCAIE ���5��NEEEEEE777
May 30,2017120149700-067( 27-48-25 I As Shown 1 of 2
.-- 'AVr(
4-
DESCRIPTION
A PARCEL OF LAND BEING PART OF TRACT 2 OF CREEKSIDE COMMERCE PARK WEST - UNIT
TWO RECORDED IN PLAT BOOK 35, PAGES 43 AND 44 IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. LYING WITHIN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 2 ALSO BEING ON THE
SOUTH LINE OF TRACT R (CREEKSIDE PARKWAY) AS SHOWN IN SAID CREEKSIDE
COMMERCE PARK WEST - UNIT TWO THENCE RUN N90'00'00"E ALONG SAID LINE
FOR 195.93 FEET TO THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING CONTINUE ALONG SAID LINE THE FOLLOWING TWO
(2) COURSES: N90'00'00"E FOR 2.44 FEET TO A POINT OF CURVATURE; THENCE
ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 25.00 FEET, (DELTA
47'33'00") (CHORD BEARING S66'13'30"E) (CHORD DISTANCE 20.16 FEET) FOR
20.75 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE ALSO BEING THE
WEST LINE OF A 5.00 FOOT WIDE FLORIDA POWER & LIGHT (FPL) EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 668, PAGE 383 IN SAID PUBLIC RECORDS;
THENCE RUN SO5'34'16"E ALONG SAID WEST LINE FOR 645.81 FEET TO AN
INTERSECTION WITH A NON-TANGENT CURVE AND THE NORTHERLY LINE OF SAID
TRACT R (CREEKSIDE BOULEVARD); THENCE ALONG THE NORTHERLY LINE OF SAID
TRACT R ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 25.00 FEET,
(DELTA 53'07'36") (CHORD BEARING S57'52'16"W) (CHORD DISTANCE 22.36 FEET)
FOR 23.18 FEET TO AN INTERSECTION WITH A NON-TANGENT LINE; THENCE
DEPARTING THE NORTHERLY LINE OF SAID TRACT R RUN N05'34'16"W FOR 665.92
FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 13,195 SQUARE FEET OR 0.302 ACRES MORE OR LESS.
BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT 2, PLAT OF
CREEKSIDE COMMERCE PARK WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC
RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID EAST LINE OF TRACT 2 BEARS
N90'00'00"E.
.tl
0
NOT VALID WITHOUT SHEET 1 OF 2.
JOHNSON ENGINEERING, INC.
JOHNSON 2122 JOHNSON STREET UTILITY EASEMENT#2
MYERS, FLORIDA5
50
FORT 33902-1550 DESCRIPTION
PHONE: (239) 334-0046
ENGINEERINGE.B. #6429 h3LB- #642 DATE 24, 2017 9700-0871 27N 48-2S SCALE
Shown �S'E 2 of 2
MiiiiMEIMMIri I
11 CREEKSIDE BOULEVARD o
II S8949'8 E 20.p�ER PLAT) !.. _———
___
I -------- �/� \ 1
II / \I/ 0
II P-
11
I I-
111I 1 rll
II I m
H 5'fPL ESMT J
a
II (OR668-PG383)
co F._ /
73
CD / 0 25 50 100 0
�, I a
"`" / (INTENDED DISPLAY SCALE 1"=100') 0
Icp o I TRACT 3
c, Co 1 CREEKSIDE COMMERCE PARK WEST- UNIT TWO co
o Cr \ PLAT BOOK 35, PAGE 43& 44
Il Z N
I 20'WIDE LAKE EASEMENT 20'LODE.
-1--', / (PER PLAT) (PER PIAT)
85'DR- ESMT. 1100'FPL ESM 1 I f
(85'DR-PE19T6)I (0830-PG2T)
I1 I
I
1 S05°33'55"E 20.68'
I I
S80049,47
"E 509.32
II \ N80°49'4 T,
1--_._---—11 \N .
w 530.26'
E �j— f
„
/
- ''-U/EIEC UG/LEC U/OC- ��
II �U \
c��
_1 oa
N
k \ I m
POINT OF BEGINNING I o
PERPETUAL NON-£XCLUSNE y
EASEMENT(OR2213-PG1216) �� I y
15 POINT OF COMMENCEMENT \ 1z
SOUTHEAST CORNER OF TRACT 3 \ I
CREEKSIDE COMMERCE PARK WEST - UNIT TWO
E PLAT BOOK 35, PAGE 43& 44 1
1i
L.,., PELICAN MARSH GOLF COURSE, PHASE THREE 0
PLAT BOOK 25, PAGES 14-16 Fn
9 I
-21
e NOTES:
1. BEARINGS SHOWN HEREON ARE BASED ON THE EAST UNE
OF TRACT 3, PLAT OF CREEKSIDE COMMERCE PARK THIS IS NOT A SURVEY
WEST—UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC
8 RECORD OF COLLIER COUNTY, FLORIDA, WHEREIN SAID
EAST UNE OF TRACT 3 BEARS NO5'33'55"W.
2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS KEVIN M. RISCASSI (FOR THE FIRM LB-642)
TO ZONING OR DEVELOPMENT RESTRICTIONS ON THE PROFESSIONAL SURVEYOR AND MAPPER
SUBJECT PARCEL. FLORIDA CERTIFICATE NO. 6433
g 3. PARCEL CONTAINS 18,234 SQUARE FEET DATE SIGNED:
N (0.418 ACRES) MORE OR LESS. NOT VALID WITHOUT THE SIGNATURE AND THE
4. NOT VALID WITHOUT DESCRIPTION ON SHEET 2 OF 2. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
JOHNSON ENGINEERING, INC.
UTILITY EASEMENT#1
J��HT � 2122 JOHNSON STREET
P.O. BOX 1550 SKETCH TO ACCOMPANY DESCRIPTION
NFORT MYERS, FLORIDA 33902-1550 •
PHONE: (239) 334-0046
ENGINEERING 429BFAX:#5 & L .#642 °Io,30.2017120149700.0571 27- -25 (ash"." ISH of 2
1
4
DESCRIPTION
A PARCEL OF LAND BEING PART OF TRACT 3 OF CREEKSIDE COMMERCE PARK WEST — UNIT
TWO RECORDED IN PLAT BOOK 35, PAGES 43 AND 44 IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA. LYING WITHIN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 3 ALSO BEING THE ON
WEST RIGHT—OF—WAY LINE OF GOODLETTE—FRANK ROAD (COUNTY ROAD 851)
THENCE RUN N05'33'55"W ALONG THE EAST LINE OF SAID TRACT 3 AND THE
WEST LINE OF SAID RIGHT—OF—WAY FOR 196.7 FEET TO THE POINT OF BEGINNING
ALSO BEING THE NORTHEAST CORNER OF SAID EASEMENT.
FROM SAID POINT OF BEGINNING DEPARTING THE EAST LINE OF SAID TRACT 3 AND
THE WEST LINE OF SAID RIGHT—OF—WAY RUN N80'49'47"W FOR 530.26 FEET;
THENCE RUN NO4'38'05"W FOR 400.63 FEET TO AN INTERSECTION WITH THE
NORTH LINE OF SAID TRACT 3 ALSO BEING THE SOUTH LINE OF TRACT R
e (CREEKSIDE BOULEVARD) AS SHOWN IN SAID CREEKSIDE COMMERCE PARK WEST —
UNIT TWO; THENCE RUN S89'49'08"E ALONG THE SAID LINE FOR 20.07 FEET;
THENCE DEPARTING SAID LINE RUN SO4'38'05"E FOR 383.27 FEET; THENCE RUN
S80'49'47"E FOR 509.32 FEET TO THE EAST LINE OF SAID TRACT 3 AND THE
WEST LINE OF SAID GOODLETTE—FRANK ROAD RIGHT—OF—WAY; THENCE RUN
505'33'55"E ALONG SAID LINE FOR 20.68 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 18,234 SQUARE FEET OR 0.418 ACRES MORE OR LESS.
BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF TRACT 3, PLAT OF CREEKSIDE
COMMERCE PARK WEST—UNIT TWO, PLAT BOOK 35, PAGE 43 & 44, PUBLIC RECORD OF
COLLIER COUNTY, FLORIDA, WHEREIN SAID EAST LINE OF TRACT 3 BEARS NO5'33'55"W.
E
41
NI
8
2
8
NOT VALID WITHOUT SHEET 1 OF 2.
JOHNSON ENGINEERING, INC.
2122 JOHNSON STREET UTILITY EASEMENT#1
P.O. BOX 1550 DESCRIPTION
FORT MYERS, FLORIDA 33902-1550
PHONE: (239) 334-0046
ENGIN EERINGE.B.:#6429 dc3L.B. #642 DATE 29.20„ 2019700-087 FILE"4B-25 SCALESnowy SHEET
of 2