Autumn Woods IQ Water Main - #22597000122 (Donation Agreement) PROJECT.IQ Water POD&Easement Project
PARCEL Autumn Woods
FOLIO 2259700-0122
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between AUTUMN WOODS COMMUNITY
ASSOCIATION, INC., a Florida not for profit corporation (hereinafter referred to as
"Owner"), whose mailing address is do Property Manager, 6720 Autumn Woods Blvd,
Naples, FL 34109, 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 "District"), whose post office address is
3335 Tamiami Trail East, Suite 101, Naples, Florida 34112,
WITNESSETH:
WHEREAS, District has requested that Owner convey to the District a perpetual,
non-exclusive easement for the purpose of access, installation, and maintenance of IQ
water facilities and other utility appurtenances, over, under, upon and across the lands
described in Exhibit "A" (said Utility Easement hereinafter referred to as the "Property"),
which is attached hereto and made a part of this Agreement;
WHEREAS, District will own and operate the IQ water facilities within Exhibit "A";
and
WHEREAS, Owner desires to convey the Property to District 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 District 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 District; 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 District at no cost to
the District, 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 District 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 District executes this
Agreement; provided; however, that District 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 District'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 District; 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 District, 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 District against
and from, and to reimburse the District 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 District 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 District 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. District 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 District.
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
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 District,
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: c2 V23\Q.0 l alt 10_ -.(2.1v1 110%1
AS TO DISTRICT: DATED: 2.4\ 2-6
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K, KINZEL, Clerk of the COLLIER COUNTY, FLORIDN'AS THE
Circuit Court& Comptroller GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFICIO THE
GOVERNING 7.10ARD OF THE OLLIER
COUNTY - E :EWER D
• - / •".-"'
, •.
41/..••
BY. 417.A ..40.4
tOc116:1112Alty Clerk rArey SOLIS, hairan
ori4kk
Approved,ss.to ft and legality:
\\st.
Jennife Belpedio',Assist%ounty Attorney (;Cy..):))
AS TO OWNER: DATED:
WITN
airmi. • AUTUMN WOODS COMMUNITY
Witness#17Wre) ASSOCIATION, INC., a Florida not for
profit corp.ration
Cca e 6v-tcler •
Witness#1 (Print Name)
.4111110M1"1"—
BY:4 , A tip/ if
URT JOHN ft President
\lb
vvitn. • #2(Signature)
1\111C-1411-C 21iCt-C 1PA POLOmSKY
Witness#2(Print Name)
ofFlorida-Notary PubliC
Commissions GG 118324
My Cornm:ssion Expires
June 19. 2021
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PARCEL 1.0.: 22 597000122 t7,,,,,, 1 ',i:',S; f
OWNER:AUTUMN WOODS ,,,- , / , „a
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COMMUNITY ASSOCIATION INC ,..„
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SKETCH OF DESCRIPTION
(THIS IS NOT A BOUNDARY SURVEY)
LEGAL DESCRIPTION:
COLLIER COUNTY PUBLIC UTILITIES-UTILITY EASEMENT
A PORTION OF TRACT"C2*IN THE PLAT OF AUTUMN WOODS UNIT ONE,ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 28,PAGES 27-32 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED
AS
COMMENCE AT THE SOUTHEAST CORNER Of SAID TRACT.C2- BEING A POINT OF CURVATURE OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 994,00 FEET AND A CENTRAL ANGLE OF 01'091 n.A CHORD BEARING OF N86'0T41"W A CHORD
LENGTH OF 20.03 FEET,THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 20.03 FEET:THENCE
RUN N07'0813"E,FOR A DISTANCE OF 10.01 FEET TO A POINT OF A NON-TANGENT CURVE AND THE POINT OF BEGINNING:
THENCE RUN ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 984.00 FEET AND A CENTRAL ANGLE OF
00•1410",A CHORD BEARING OF N85•27151N A CHORD LENGTH OF 4.05 FEET:THENCE RUN WESTERLY ALONG THE ARC OF
SAID CURVE FOR A DISTANCE OF 4.05 FEET:THENCE RUN N52*4950W,FOR A DISTANCE OF 39.26:THENCE RUN N37•1112"E,
FOR A DISTANCE OF 16.85 FEET,THENCE RUN S52'48'48E,FOR A DISTANCE OF 32.48 FEET:THENCE RUN S40'501/3E,FOR A
DISTANCE OF 28.13 FEET TO A POINT OF A NON-TANGENT CURVE:THENCE RUN ALONG A NON-TANGENT CURVE TO THE ,
RIGHT HAVING A RADIUS OF 984,00 FEET AND A CENTRAL ANGLE OF 01'0009",A CHORD BEARING OF N880444W A CHORD
LENGTH OF 17.21 FEET:THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 17.22 FEET TO THE
g POINT OF BEGINNING
ea
CONTAINING 794.54 SQUARE FEET OR 0.018 ACRES,MORE OR LESS.
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SURVEYORS NOTES 1
113
4,
1. THERE MAY SE EASEMENTS ANO RESTRICTIONS OF RECORDS AND/OR PRIVATE AGREEMENTS
NOT FURNISHED TO THIS SURVEYOR THAT MAY AFFECT PROPERTY RIGHTS AND/OR LAND USE
g RIGHTS OF THE LANDS SHOWN HEREON.
W
a. 2. NO UNDERGROUND INSTALLATIONS.FOUNDATION FOOTINGS OR IMPROVEMENTS HAVE BEEN
LOCATED EXCEPT AS NOTED
3, NOT YAW)WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
, 2 SURVEYOR AND MAPPER LAWRENCE E.JENKINS
1:3 PROFESSIONAL
2 4 THIS SURVEY NWS PERFORMED IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR SURVEYOR AND MAPPER
a, SURVEYS AS SET FORTH BY THE FLORIDA COMO OF PROFESSIONAL SURVEYORS AND FLORIDA REGISTRATION*6364
? MAPPERS.CHAPTER SJ-47 FLORIDA ADMINISTRATIVE CODE. TETRA TECH-LB*26
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Project No: 200-08486-16009
... ‘.........
Ter. TECHCOLLIER COUNTY PUBLIC UTILITIES
TETRA Date: 11-01-2017
IQ METER REPLACEMENT Designed By: BMM/LEJ
J ....,.,.....„.
Drawing No.
201 EAST PINE STREET,SUITE 100e
ORLANDO,FL 32401 UTILITY EASEMENT V-101
PHONE:407,839.3665 FAX.407439,3110
OF 3 i
a. .1
g5
LEGEND .
+BM BENCHMARK
(g)ND NAIL&DISK
QTP TRAVERSE POINT
i F FOUND IRON(TYPE)
Q S SET IRON(TYPE)
■ F FOUND MONUMENT(TYPE)
0 S SET MONUMENT(TYPE) ABBREVIATIONS
SECTION CORNER ANT ANTENNA UNE
pTCO CLEANOUT BM BENCHMARK (M) MEASURED
BFP BACKFLOW PREVENTER MB MAL8OX
41, DECIDUOUS TREE (C) CALCULATED MH MANHOLE
tl ELECTRIC TRANSFORMER CO CLEANOUT MW MONITORING WELL
CONC CONCRETE ND NAIL&DISK
. EVERGREEN TREE CLF CHAIN LINK FENCE NL NAIL
FIRE HYDRANT CMP•
CONCRETE MONUMENT OE OVERHEAD UTILITY LINES
CMP CORRUGATED METAL PIPE OR OFFICIAL RECORDS
I FLAG(AS SHOWN) CPP CORRUGATED PLASTIC PIPE OUC ORLANDO UTILITIES
V GUY ANCHOR (0) AS DESCRIBED COMMISSION
DB DEED P POST
3 LIGHT POLE DIP DUCTILE ON PIPE (P) PER FLAT
1 �'€'•, MAIL BOX DH DRILL!COLE PB PLAT BOOK
EB ELECTRIC RISER PG PAGE
PALM TREE ELEC ELECTRIC PGS PAGES
co 0 EM ELECTRIC METER PK PK NAIL
{ tP POST• ET ELECTRIC TRANSFORMER RCP REINFORCED CONC PIPE
• SATELLITE DISH' EP EDGE OF PAVEMENT RR RAILROAD
wAESMT EASEMENT RW RECLAIMED WATER
1 SPIGOT F FOUND S SET
at SPRINKLER HEAD FOC FIRE DEPT CONNECTION SC SECTION CORNER
V -a- TRAFFIC SIGN FF FINISHED FLOOR SH SPRINKLER HEAD
FH FIRE HYDRANT SPIE WATER SPIGOT
UTILITY MARKER(AS SHOWN) FO FIBER OPTIC SS SANITARY SEWER
G GAS SD STORM DRAIN
Q UTILITY MANHOLE(AS SHOWN)
O UTILITY METER(AS SHOWN)
GM GAS METER SV SANITARY SEWER VALVE
GV GAS VALVE TB TELEPHONE RISER
O UTILITY RISER(AS SHOWN) INV INVERT TEL TELEPHONE
IP IRON PIPE TRAVERSE POINT
($I UTILITY VALVE(AS SHOWN) IR IRON ROD TSC TRAFFIC SIGNAL CONTROL
i '•Q— UTILITY POLE(AS SHOWN) IRRV IRRIGATION VALVE TSP TRAFFIC SIGNAL POLE
JBL JURISDICTIONAL BOUNDARY TV CABLE TELEVISION
Q WELL UE UNDERGROUND UTILITY
LINES
W WATER
WM WATER METER
WV WATER VALVE
ai XC X CUT
a I
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!S Prolecc!No.- 200.48486-16009
iCOLLIER COUNTY PUBLIC UTILITIES 11.41.2017
B CCN IQ METER REPLACEMENT
Designed By: BMM i LEJ
_ _ _, _ _. wWw.r can Drawing No.
201 EAST PINE STREET.SUITE 1000 V-101
ORLANDO,FL 32001 UTILITY EASEMENT
Ill.
PHpl►E 407 43$3*5 FA%467.839 3790 SHEET 2 OF 3
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EASEMENT
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1 AUTUMN WOODS UNIT ONE
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PB 26 PGS 27-32
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I 1 PARCEL 1.D.:22597000122
1. EAST UNE
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I i OWNER: I TRACT cr AUTUMN WOODS -..- ....... ........
COMMUNITY ASSOCIATION INC,I , '...
I I I AUTUMN WOODS UNIT FOUR'
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I PS 32,PGS 75-83
< i '45/1 I TRACT'Y''
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1 -1 I I PARCEL 1.0 22597008616
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• i OWNER AUTUMN WOODS
COMMUNITY ASSOCIATION INC
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t- 1 ‘ s... POINT OF BEGINNING 100- 7. .. ....., ,
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-:- - - - -
1 -"Rt°AiGHP°wER&LIG>%.........__.
oa 30po27
EASEMENT C2 /L. C3 ..... 10,00.(rnTOAK BLVD
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NORTH RIGHT OF WAY LINE
Cl'"""' -.--.--..........*„.............
1 .4,."-- RED ...
I I EASEMENT
xi 1 ._/ RED OAK Elvu—ti POINT OF COMMENCEMENT
I ........1VARIABLE F601-ITOf-WAY) i I SE CORNER TRACT-Cr,
-.... AUTUMN WOODS UNIT ONE PB 26,PGS 27-32
8 e, ta ---------I—
I AUTUMN WOODS UNIT ONE —
1 I i: P228.PGS 27-32 i
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I TRACT"R' I , LINE TABLE
31 1 f
i 1 CURVE TABLE LINES DIRECTION LENGTH 1
.t.
E., L1 Nr Oe'1TE 10.01'
I CHORD
a. I CURVE RADIUS DELTA LENGTH CHORD - — ---
BEARING U Nsr 4W 50'W 39.2'6'
R;1 I
I il I Cl 944.00' 01'09'ir 20.03' N86'or 4L3 1'W L. 20.03' N37'11.irE 16.65
I '
I —02 964,00' 00'14'10' 405' NO*2T 35'W 4.05' L4 sar 48"4/tE 32,48'
X I
a.
1 03 964,00* 01'0O05 17,22' N8$ 04'44'W 17.21' L5 S40'BY WE 25.13'
Project No.: 200-08486-16009
,..
TETRA TECH COLLIER COUNTY PUBLIC UTILITIES Date 11-01-2017
..,;-
. IQ METER REPLACEMENT Designed By: 8414M/LEJ
movirracir.4 cam Drawing No.
_ .._ _
201 EAST PINE STREET,SUITE 1000
ORLANDO,FL 32801
PHONE 407.1130,3954 FAX 407,1139 3700 UTILITY EASEMENT V-101
SHEET 3 OF 3