Calusa Bay Donation (#70062)
PROJECT: IQ Water Telemetry Remote Sites/Calusa Bay
PROJECT No.: 70062.2
FOLIO Nos.: 00238681000
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement")
is made and entered into by and between CAlUSA BAY MASTER ASSOCIATION, INC., a
Florida Non Profit Corporation, whose mailing address is 6955 Satinleaf Road North,
Naples, Florida 34109, (hereinafter referred to as "Owner"), 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, a Political Subdivision of the State of Florida,
(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 utility easement for the purpose of access, installation, and maintenance of
irrigation quality water facilities, pipelines, electrical panels, telemetry tower, 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, 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. 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.
1
PROJECT: IQ Water Telemetry Remote Sites/Calusa Bay
PROJECT No.: 70062.2
FOLIO Nos,: 00238681000
4. 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.
5. 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.
The cost of a title commitment shall be paid by County.
6. 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.
7. 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.
8. Following construction, County shall install vegetative buffering around the meter
assembly and the proposed control panel, telemetry antenna tower base, and any fencing.
Vegetation shall be designed to mask the Irrigation Quality Water infrastructure from Owner's
view to the maximum extent possible, while not impeding the future County maintenance of,
or access to, its Irrigation Quality Water facilities. This provision shall survive Closing and is
not deemed satisfied by the conveyance of Easement.
9. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
(Remainder of Page intentionally left blank)
2
PROJECT: 10 Water Telemetry Remote SiteslCalusa Bay
PROJECT No.: 70062.2
FOLIO Nos.: 00238681000
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed as of the
dates herein below.
AS TO COUNTY:
DATED: to..../ -~Oll
AS TO OWNER:
DATED: t-j~~r-/ /
ns(?()'/L,L
Witness (Signature)
Name:U/ILLIIJ-t) p, 0 YruvRJrt;
(pn:~ cfJ~ 1
~nature)
Name: J/--AJ c;& Lo La !jj
I" (Print)
Approved as to form and
legal sufficiency:
By: ~~'Q~
:n: f.)tJ \ R. (<... c.o . wo\-\ \"' <-
Assistant County Attorney
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BOARD OF COUNTY COMMfSSJ~eRS
OF COLLIER COUNTY, FlORfo~;.AS
THE GOVERNING BODYOF.:CO,,"UER
COUNTY AND AS EX-oFFIci9'JH~"
GOVERNING BOARD OF THE-:COLtIER.; ,.' ,,'
COUNTYWATER-SEWER DISTRICr:j, re ,/'
'1IIIJIIIII\\\1
BY: W.
Fred W. Coyle, Chairman
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CALUSA BAY MASTER ASSOCIATION,
INC., a Florida Non Profit Corporation
By41iZ.~df~
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Name: ~ \-1/ ,fl. (:;/"666 rrr
(Print or Wpe)
Titie:~ r ,. J"I n!---
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EXHIBIT" 1/"
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Page I of
COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SECTION 3, SOUTH 01017'14" EAST, A DISTANCE OF
1347.52 FEET TO A POINT ON THE NORTH LINE OF CALUSA BAY SOUTH AS DESCRIBED IN THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA IN O.R BOOK 2264, PAGE 200; THENCE, ALONG THE SAID NORTH
LINE SOUTH 89050'15" WEST, THE DISTANCE OF 1090.46 FEET CROSSING A 100 FOOT WIDE FLORIDA POWER &
LIGHT COMPANY EASEMENT AND A 15 FOOT WIDE COUNTY RIGHT-OF-WAY EASEMENT FILED IN THE PUBLIC
RECORDS OF COlliER COUNTY IN OR BOOK 957, PAGE 1384 TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF GOODLETTE - FRANK ROAD PER PLAT BOOK 13, PAGE 58; THENCE, ALONG THE SAME AND ALONG THE
WESTERLY LINE OF THE AFORESAID 100' WIDE FLORIDA POWER & LIGHT COMPANY EASEMENT AND THE 15
FOOT WIDE COUNTY RIGHT-OF-WAY EASEMENT, SOUTH 07006'13" WEST, THE DISTANCE OF 652.96 FEET;
THENCE, LEAVING THE SAID LINE OF GOODLETTE - FRANK ROAD AND CROSSING THE 15 FOOT WIDE COUNTY
RIGHT-OF-WAY EASEMENT, SOUTH 82053'47. EAST, THE DISTANCE OF 15.00 FEET TO A POINT ON THE
EASTERLY LINE THEREOF TO THE POINT OF BEGINNING AND RUNNING;
THENCE; FROM THE SAID POINT OF BEGINNING AND EXTENDING OVER THE LANDS OF CALUSA BAY SOUTH
AND THE 100 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT (AFOREMENTIONED), THE
FOLLOWING (11) ELEVEN COURSES AND DISTANCES;
(1) SOUTH 82053'47" EAST, THE DISTANCE OF 30.50 FEET; THENCE
(2) SOUTH 84001'12"EAST, THE DISTANCE OF 16.04 FEET; THENCE
(3) NORTH 89025'19"EAST, THE DISTANCE OF 10.00 FEET; THENCE
(4) SOUTH 00034'41 "EAST, THE DISTANCE OF 10.00 FEET; THENCE
(5) SOUTH 89025'19"WEST, THE DISTANCE OF 10.00 FEET; THENCE
(6) NORTH 00034'41 "WEST, THE DISTANCE OF 4.97 FEET; THENCE
(7) NORTH 84001'12"WEST, THE DISTANCE OF 16.72 FEET; THENCE
(8) SOUTH 07006'13"WEST, THE DISTANCE OF 57.61 FEET TO A POINT ON A CURVE ON THE NORTHERLY LINE OF
AN INGRESS-EGRESS UTILITY & DRAINAGE EASEMENT FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY IN
O.R. BOOK 2315, PAGE 0620; THENCE
(9) ALONG THE SAME AND THE ARC OF A CIRCLE CURVING TO THE LEFT, CONCAVE TO THE SOUTH, HAVING A
RADIUS OF 122.00 FEET, AN ARC LENGTH OF 13.04 FEET, HAVING A CHORD BEARING NORTH 79050'06. WEST
AND A CHORD DISTANCE OF 13.03 FEET TO A POINT OF TANGENT; THENCE
(10) STILL ALONG THE SAME, NORTH 82053'47" WEST, THE DISTANCE OF 17.49 FEET TO A POINT ON THE
EASTERLY LINE OF THE PREVIOUSLY MENTIONED 15 FOOT WIDE COUNTY RIGHT-OF-WAY EASEMENT; THENCE;
(11) ALONG THE SAME, NORTH 07006'13" EAST, THE DISTANCE OF 61.92 FEET TO THE POINT AND PLACE OF
BEGINNING.
CONTAINING 2073.5 SQUARE FEET OF LAND, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE EAST LINE OF SECTION 3.
COLLIER COUNTY
Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North Horseshoe Drive, Naples Florida 34104
Phone: 239-252-6885 Fax 239-252-6476
Date:
03/28/2011
Project No:
2011005
File No: SCALE:
CALUSA SAY 1" = 20'
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EASEMENT
OR - OFFICIAl. RECORD
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COUNlY UTIUlY EASEMENT
CAL.USA BAY SOUTH
A CONDOMINIUM O.R. BOOK 2264, PG. 200
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NORTI-fEAST
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SECTION 3-49S-25E
589050' 15"W
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LEMURIS
A CONI)OMINIUM
OR BOOK 4094. PAGE 3138
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LATliUDE: 26014'16.470B2"N
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MASTER ASSOCIATION. INC.
OR BOOK Z660, PAGE 2Il42.
FP&L UTILITY POLE
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EASEMENT
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COLLIER COUNTY
Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North Horseshoe Drive, Naples Florida 34104
Phone: 239-252-6885 Fax 239-252-6476
Date:
Project No:
2011005
File No:
SCALE:
1 n = 20'
03/28/2011
CALUSA BAY
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