Saturnia Lakes Island Walk HOA Donation Agreement (Tract D) PROJECT: Saturnia Lakes Water Main Loop
PARCELS: Tract"D"— Island Walk Phase Three
PID: 52250014221
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between ISLAND WALK HOMEOWNERS ASSOCIATION, INC., a
Florida not-for-profit corporation (hereinafter referred to as "Owner"), whose mailing address is
6155 Towncenter Circle, Suite 101,Naples, FL 34119 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.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for the purpose of constructing, operating, maintaining, and repairing utility
facilities over, under, upon and across the easement area described in Exhibit "A" hereinafter
referred to as the ("Easement"), which is attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey the Easement 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 Easement
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 Easement 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 easement area 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 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. Such liens, exceptions, and/or
qualifications shall be limited to the title commitment provided by the County. Any such
removals, releases, or subordinations shall be at the County's expense. 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 up to (J days 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.
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. To the best of Owner's actual knowledge, and without investigation, Owner
represents that the easement area and all uses of the easement area 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 easement area except
1
as specifically disclosed to the County; that the Owner has no actual knowledge of any spill or
environmental law violation on any property contiguous to or in the vicinity of the easement
area to be conveyed to the County, that the Owner has not received notice and otherwise has
no actual 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. This provision shall survive Closing and is not deemed satisfied by
conveyance of the Easement.
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 Owner's misrepresentations under Section 5. This provision shall survive Closing and is not
deemed satisfied by conveyance of the Easement.
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 easement area from the mortgagee(s). 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 Easement 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 easement area 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 easement
area before the easement area 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.
(signatures on following page)
2
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year set forth below.
DATE ACQUISITION APPROVED BY BCC: 2_.3-.713Za'O -39 16 B!
AS TO COUNTY:
DATED: 7�
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E: BROCK, Clerk COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLIJER COUNTY
AND AS EX-OFFICIO THE GOVERNING
bA' ,( e` C. BOARD OF THE COLLIER COUNTY , •
r o. ty Clerk WATER-SEW• I TRICT
Attest as to
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AS TO OWNER:
ISLAND WALK HOMEOWNERS
ASSOCIATION, INC.
a Florida not-for-profit corporation
WITNESSES
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Witness (Signature) ��� /J• ad-herae- --
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Name:) (.�� J
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itness (Signature)
Name: Le_c
(Print)
Approved as to form and legality:
4,
Je 'nifer Belpedi•
Assistant County Attorney \aC2
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N I NOTES:
o ! 1. THIS SKETCH IS NOT A SURVEY.
i,, I 2. BEARINGS SHOWN HEREON ARE BASED ON THE
I— I I PLAT OF ISLANDWALK PHASE THREE, AS
:'n I c RECORDED IN PLAT BOOK 33, PAGE 39, PUBLIC
E I RECORDS OF COLLIER COUNTY, FLORIDA,
o II - c WHEREIN THE WEST LINE OF TRACT "D" BEARS
coH <„ 502'11'37"E.
POB DESC. I Q a 3. THIS SKETCH DOES NOT MAKE ANY
o 0 REPRESENTATION AS TO ZONING OR
2 DEVELOPMENT RESTRICTIONS ON THE SUBJECT
O 1 n I PARCEL.
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d A.E. = ACCESS EASEMENT
N24'45'10"W 9.54' I I u) C.U.E. = COUNTY UTILITY EASEMENT
ID.E. = DRAINAGE EASEMENT
DESC. = DESCRIPTION
ISh
v, WEST UNE OF I FPL = FLORIDA POWER & LIGHT COMPANY
g TRACT "D" I LBE = LANDSCAPE BUFFER EASEMENT
8I OR = OFFICIAL RECORDS BOOK
g I PG = PAGE
POB = POINT OF BEGINNING
Io 5 10 20 POC = POINT OF COMMENCEMENT
W I 10' I I 1 PUE = PUBLIC UTILITY EASEMENT
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5' FPL S88'07'03'W 16.24' NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
3 I I SURVEYOR AND MAPPER.
10'WIDE COLLIER COUNTY UTILITY EASEMENT
LYING IN TRACT"D" 6610 Willow Park Drive,Suite 200
Naples,Florida 34109
ISLANDWALK PHASE THREE Phone:(239)597-0575
PLAT BOOK 33, PAGE 39 FAX: (239)597-0578
SECTION 33,TOWNSHIP 48 SOUTH,RANGE 26 EASTliJi.lki LB No.:6952
COLLIER COUNTY, FLORIDA ENGINEERING
JOB NUMBER REVISION SECT ION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
130063.00.60 1 33 485 _ 26E 1"=20' 8/06J18 TJD _ . 002 SD 1 01 2
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DESCRIPTION
I
A TRACT OR PARCEL OF LAND LYING IN TRACT "0", ISLANDWALK PHASE THREE
AS RECORDED IN PLAT BOOK 33, PAGE 39 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT "D" THENCE
S.02°11'37"E. ON THE WEST LINE OF SAID TRACT "D" FOR 202.27 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE S.24'45'10"E., DEPARTING SAID WEST LINE, FOR 35.60 FEET;
a THENCE S.02'15'10"E., FOR 88.15 FEET;
2
N THENCE N.88'07'03"E., FOR 6.25 FEET TO AN INTERSECTION WITH THE EAST
LINE OF SAID TRACT "D";
2
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THENCE S.02'11'37"E., ON SAID EAST LINE FOR 10.00 FEET;
°;
E THENCE S.88'07'03"W., DEPARTING SAID EAST LINE FOR 16.24 FEET;
THENCE N.02°15'10"W., FOR 96.10 FEET;
THENCE N.24'45'10"W., FOR 9.54 FEET TO AN INTERSECTION WITH THE WEST
0
LINE OF SAID TRACT "D";
g THENCE N.02'11'37"W., ON SAID WEST LINE FOR 26.07 FEET TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN;
8 CONTAINING 1,259 SQUARE FEET OR 0.03 ACRES, MORE OR LESS.
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BEARINGS MENTIONED HEREINABOVE ARE BASED ON THE PLAT OF ISLANDWALK
3 PHASE THREE, AS RECORDED IN PLAT BOOK 33, PAGE 39, PUBLIC RECORDS
E OF COLLIER COUNTY, FLORIDA, WHEREIN THE WEST LINE OF TRACT "D" BEARS
SO2'11'37"E.
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10'WIDE COLLIER COUNTY UTILITY EASEMENT
LYING IN TRACT"D"
ii1A16610 Willow Park Drive,Suite 200
Naples,Florida 34109
ISLANDWALK PHASE THREE Phone:(239)597-0575
PLAT BOOK 33, PAGE 39 FAX: (239)597-0578J�.
SECTION 33,TOWNSHIP 48 SOUTH, RANGE 26 EAST LB No.:6952
COLLIER COUNTY, FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE V SCALE DATE DRAWN BY FILE NAME SHEET
130063.00.60 33 485 26E 8/06/18 TJD 002 SD 2 OF 2