P.S. 305.19 & 309.02 Donation Agreement (Foxfire Community Association)PROJECT: Basin 305 Pump Stations
PUMP STATIONS: 309.01 & 309.02
TAX IDENTIFICATION* 61844640005
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between FOXFIRE COMMUNITY ASSOCIATION OF COLLIER
COUNTY, INC., a Florida not -for -profit corporation (hereinafter referred to as "Owner"),
whose mailing address is 1030 Kings Way, Naples, FL 34104 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 a
pump station and related facilities over, under, upon and across the lands described in
Exhibit "A" 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.
I 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 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. 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
Donation Agreement
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:
AS TO COUNTY:
iP (3 1 -
DATED: (D 13 2O)-0
ATTEST:
CRYSTAL K. KINZEL, Clerk
1�tteSt tp C " 0+ty Clerk
sivaturea
Approved as to iiorr*ii d legality:
Jennif4r k Belpedio, Askist ant County Attorney
gltlt,!!3r)frtlf�jf
BOARD OF COUNTY COMMIiE��ti�y%,,J
COLLIER COUNTY, FLORID�k"� S THE
GOVERNING BODY OF Cd IEF�Z,C UNTY
AND AS EX-OFFICIO TKO GOERNING
UJA
BOARD OF THE COER "COUNTY
WATER -SEWER DISTRICT:_ <,
- j`9111t�1��
10
BY: �,14
BURT L. SAUNDERS, Chairman
Donation Agreement 3 �,
AS TO OWNER:
✓ _..
FOXFIRE COMMUNITY ASSOCIATION OF
WI ness (Signature)
COLLIER COUNTY, INC., a Florida not -for -profit
G
ame (Print or T
corporation
Witness (Signature
A t1ry-)n
Name (Print or Type)
BY:
DR. WIL -IAM C RNETTA, its President
o�pgy Pamela Jean Cannon
a� O NOTARY PUBLIC
o STATE OF FLORIDA
Comm# GG337539
Expires 9/18/202
Donation Agreement 4 U
GRAPHIC SCALE
0 10 20 40
f
( IN FEET )
1 inch - 20 ft_
J
N
m 0
LLJ
J
m
8�•
P
8
LOT 152
J
A�tl
Page �-
FLAMINGO ESTATES
P.B. 10, PG. 34
ESTEY AVE.
(AKA FLAMINGO
DRIVE)
(55' R/W),
w S89'32'47"W 127.65 A
EX. PUMP Per OF
STATION
OR. 1359.E
-PG. 365 J
L
AWW*17V
24.00'
NG&TCLF No.2
PARCEL NO. 61844640005
O.R. 1047. PG. 1206
For the Exclusive Use Of.
Collier County Board of
County Commissioners
signed by
David J. Hyatt11..'gitally tt HyaPSMk 834David
PSM #5834 Date:?019.05.1013:1728
David J. Hyatt, PSM,
Florida license No. 5834
Not valid without the signature and
original seal of the Florida licensed
Professional Surveyor and Mapper
Certificate of Authorization f7705.
IM
�J�JEYrNG�
OC H
RCO SURVEYING � MAPPING
3825 BECK BOULEVARD
SURE 725
MAPLES, FLOR104 34114
(239) 389-0026W. AW WWTCOSURVEYS. COM
LINE TABLE
LINE
BEARING
DISTANCE
L1
N89'32'47"E
3.00'
L2
SO'27' 1 YE
20.00'
L3
N89'32'47 "E
20.00'
L4
NO' 27'13"W
20.00'
L5
N89'32'47"E
1.00'
PONE OF
C0IMENC01E�If �
I
I
I
SKETCH & DESCRIPTION
A Portion Lot 152
NG&TC Little Forms No. 2
Collier County, Florida
.W.- Collier County Board of County Commissioners
UECT /: 1 P461 sus -WELT: PS 309.01
IFTEO BY; 047E SCALE WO NUMBER SHEET / ORAN7NG NO.
CUM 412019 1' = 20' 1 17-332 I 1 OF 2 1 1-089
,I
Description
Being a portion of Lot 152 of Naples Grove and Truck Co's Little Farms
No. 2 as recorded in Plot Book 1, Page 27 of the Public Records of
Collier County, Florida. Being more particularly described as follows:
COMMENCING at the Northeast corner of Lot 152 of Naples Grove and
Truck Co's Little Farms No. 2 as recorded in Plat Book 1, Page 27 of the
Public Records of Collier County, Florida; thence run South 89'32'47" West,
along the south right of way line of Estey Avenue, for a distance of
127.65 feet to the POINT OF BEGINNING; thence run South 00'00'03" West,
for a distance of 35.06 feet; thence run North 89'56' 17" West, for a
distance of 24.00 feet; thence run North 00'00'00" East, for a distance of
34.85 feet to its intersection with the South right of way line of said
Estey Avenue; thence run North 89'32'47" East, along the South right of
way line of Estey Avenue, for a distance of 3.00 feet to the northwesterly
corner of the lands described in Official Records Book 1359 at Page 365,
of the Public Records of Collier County; thence run South 00'27'13" East,
along the West line of said described lands, for a distance of 20.00 feet;
thence run North 89'32'47" East, along the South line of said described
lands, for a distance of 20.00 feet; thence run North 00'27'13" West,
along the east line of said described lands, for a distance of 20.00 feet
to its intersection with the south right of way line of Estey Avenue; thence
run North 89'32'47" East, along the south right of way line of Estey
Avenue for a distance of 1.00 feet; to the POINT OF BEGINNING.
Containing 439.937 square feet or 0.01 acres more or less.
NOTES
1, This is not a survey.
2. No easement search or abstracting was
done by the surveyor and note should be
taken that this property is subject to
any facts that may be revealed under a
full and accurate title search.
3. Unless otherwise indicated, all existing
easements shown hereon are based on
Plot.
4. Not other persons or entities other than
those listed as exclusive users may rely
on this sketch & description.
5. All dimensions are in feet and decimals
thereof, unless otherwise noted.
6. Subject to easements, reservations, and
restrictions of record.
yJ�vEYING�3 SKETCH & DESCRIPTION
A Portion of Lot 752
U H NG&TC Little Forms No. 2
�
Collier County, Florida
'�
MARCO SURVEYING dt MAPPING CLIENT Collier County Board of County Commissioners
3825 BECK BOULEVARD SUITE 725 PRasue PRaEc fcr / p461 r. PS 309.01
NAPLES, FLORIDA J4114 DRAFTED BY: DATE I SCALE Mao NUMBER I SHEET f DRAWING N0.
www2OSURVM COM CUM 14120191 N\A I 17-332 12 OF 2 1 1-08.9
GRAPHIC SCALE
0 10 20 40
( IN FEET )
1 inch = 20 ft
Wo
EX. EASEMENT
OR. 1359 P0. 363
POW OF 11.50'
N89'32'10 E 101.00' (M)— 89*32100E i
POW OF W) u0,� .pp
O
b
For the Exclusive Use Of:
Collier County Board of
County Commissioners
David J. H att Digitally signed by David
Y 1. Hyatt PSM 05834
PSM #5834 -04W 019.05.1013:39:18
David J. Hyatt, PSM,
Florida License No. 5834
Not valid without the signature and
original seal of the Florida licensed
Professional Surveyor and Mopper
Certificate of Authorization 17705.
6
N
N CO;
g N89-3210
20.00'
Page 3 of '--"
—�_
FLAMINGO ESTATES
P.B. 10. PG. 34
i
i
ESTEY AVE.
FLAMINGO DRIVE
(55' R,/W)
11.50'
9*32'10'E
O-
�S
NN
0
2
S89'32' 10'W 43.00'
LOT 147
NG&TCLF No.2
PARCEL NO. 61844640005
O.R. 1047. PG. 1206
'�J�JEYING�3
v 9ro
OC H
ANRCO SURVEYING & MAPPING
3825 BECK BOULEVARD
SUITE 725
NAPLES, FLORIDA 34114
(239) 369-0026
www.MARCOSURVEYS.COM
r —T
EX WOOff
O.R 1971, PG. 1,M
O
O
b
9
SKETCH & DESCRIPTION
A Portion of Lot 147
NG&TC Little Farms No. 2
Collier County, Florida
.NT I Collier County Board of County Commissioners
?,IECT f P461 1 SUB PRO✓ECT PS 309.02
V7ED BY.., DITE SCALE WO NUMBER SHEET / D;i NWNG NO.
CMM 0412019 1' = 20' 1 17-333 I 1 of 2 1-092
Description "'r l
of �_.�...
Being a portion of Lot 147 of Naples Grove and Truck Co's Little
Farms No. 2 as recorded in Plat Book 1 at Page 27 of the Public
Records of Collier County, Florida. Being more particularly described as
follows:
COMMENCING at the northwest corner of Lot 147 of Naples Grove and
Truck Co's Little Farms No. 2 as recorded in Plat Book 1 at Page
27 of the Public Records of Collier County, Florida; thence run North
89'32'10" East, along the northerly line of said Lot 147, for a
distance of 101.00 feet to the POINT OF BEGINNING. Thence continue
North 89'32'10" East, along said northerly line, for a distance of
11.50 feet to the Northwesterly corner of those lands described in
Official Records Book 1359 at Pages 363 through 366 of the Public
Records of Collier County, Florida; thence run South 00'27'50" East,
along the westerly line of said described lands, for a distance of
20.00 feet; thence run North 89'32'10" East, along the southerly line
of said described lands, for a distance of 20.00 feet; thence run
North 00'27'50" West, along the easterly line of said described lands,
for a distance of 20.00 feet to its intersection with the North line of
said Lot 147; thence run North 89'32' 10" East, along the northerly
line of said Lot 147, for a distance of 11.50 feet; thence run South
00'05'30" West, for a distance of 31.50 feet; thence run South
89'32'10" West, for a distance of 43.00 feet; thence run North
00'05'30" East, for a distance of 31.50 feet to the POINT OF
BEGINNING.
Containing 955 square feet or 0.22 acres more or less.
NOTES
1. This is not a survey.
2. No easement search or abstracting was
done by the surveyor and note should be
taken that this property is subject to
any facts that may be revealed under a
full and accurate title search.
J. Unless otherwise indicated, all existing
easements shown hereon are based on
plat.
4. Not other persons or entities other than
those listed as exclusive users may rely
on this sketch & description.
5. All dimensions are in feet and decimals
thereof, unless otherwise noted.
6. Subject to easements, reservations, and
restrictions of record.
yJ��EYrNG�3 SKETCH & DESCRIPTION
-� A Portion of Lot 147
H NG&TC Little Farms No. 2
£ Collier County, Florida
:tIT�� :21i2t.^ 'LhtWv
MARCO SURVEYING et MAPPING CuEw Collier County Board of County Commissioners
3825 BECK BOULEVARD SURE 725 Raaa 1� P461 1 SUB PROJECT. PS 309.02
NARLES, FLORIDA 34114 DRAFTED BY: LUTE SCAL£ MU NUMBER SHEET J ORAM7NC N0.
www2Au COSURv�MCOM CMM 0412019 N/A 17-333 2 of 2 1-092 ,