Vineyards TCE & Util Esmt Donation AgmtPROJECT: Lift Station 108.00 Improvements
PROJECT No.: 70046
FOLIO No.: 80672960006 and 80673560007
TEMPORARY CONSTRUCTION EASEMENT & UTILITY EASEMENT DONATION
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into by and between VINEYARDS DEVELOPMENT CORPORATION, a Florida corporation,
whose mailing address is 75 Vineyards Boulevard #500, Naples, Florida 34119, joined by
THE VINEYARDS COMMUNITY ASSOCIATION, INC., a Florida non profit corporation,
whose mailing address is 75 Vineyards Boulevard, Third Floor, Naples, Florida 34119
(hereinafter collectively 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, (hereinafter referred to as "County "), whose mailing
address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, County has requested that Owner convey to County a Temporary
Construction Easement over, under, upon and across the lands described in Exhibit "A ",
which is attached hereto and made a part of this Agreement, (hereinafter referred to as the
"Temporary Easement Area "), for temporary staging and construction of utility facilities; and
WHEREAS, County has requested that Owner convey a perpetual non - exclusive Utility
Easement over, upon and across the lands described in Exhibit "B ", which is attached hereto
and made a part of this Agreement (hereinafter referred to as the "Permanent Easement
Area ") to County for the stated purpose of constructing, maintaining and operating utility
facilities thereon, on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Temporary Easement Area and the Permanent Easement Area to 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 Temporary Easement Area and the
Permanent Easement Area 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 Temporary Easement Area and the Permanent Easement
Area via a Temporary Construction Easement and a Utility Easement to County at no cost to
County, unless otherwise stated herein.
2. At the completion of construction, County shall install landscaping around the
structures constructed within and upon the Permanent Easement Area, and other utility
easement areas immediately adjacent thereto, to the reasonable satisfaction of Vineyards
Development Corporation. Following installation, Owner shall be responsible for maintenance
of the landscaping, and County shall be responsible for all repairs, maintenance, and related
costs for its above - ground and in- ground infrastructure within the utility easement area. This
provision shall survive Closing and is not deemed satisfied by the conveyance of the
Temporary Construction Easement and the Utility Easement.
3. County has confirmed the ownership of the lands underlying the Easements to be
granted pursuant hereto, and Owner and all its related entities make absolutely no
representations with regard to same. County further agrees, subject to the limitations set forth
in Section 768.28, Florida Statutes, to indemnify and hold harmless Owner and all its related
entities from any claims whatsoever arising from the execution of the Easements. This
provision shall survive Closing and is not deemed satisfied by the conveyance of Easements.
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. 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 Temporary Easement Area and the Permanent Easement Area
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. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
[Signatures follow]
IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the
dates stated herein below.
AS TO COUNTY:
DATED: L l 2
ATTEST:
DWIGHT E. BROCK, Clerk
•,- .r
- p- Clerk
AS TO OWNit'R."
DATED: I�--
WITNESSES:
Name: UIQDAra- R),(.M
(Print)
Approved as to form and
legal sufficiency:
By.
Jennifer B. White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDk,.AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX -OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
<,
Fred W. Coyle, Chairman
VINEYARDS DEVELOPMENT CORPORATION,
a Florida Profit Corporation
By:
Name: "V, G�2� (3a, e
(Print or type)
Title: �
DATED: 4/1 l
WITNESSES:
/7�-
Witness (Signature)
Name: _! a �0� C N O c ef-')
Name: Lim +/. f=t11L)Et \
(Print)
Approved as to form and
legal sufficiency:
By:
Je ifer B. White
Assistant County Attorney
VINEYARDS COMMUNITY ASSOCIATION, INC.,
a Florida Non Profit Corporation
By 19 S21a -
Name: Y " 11 L�\ eA S aA,
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EXHiEuT A
LEGAL DESCRIPTION: (TEMPORARY CONSTRUCTION EASEMENT)
A PORTION OF TRACT "P -3 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS '
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF TRACT "P -3 ", THE VINEYARDS UNIT ONE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA, THENCE
RUN N08 °01'34 "W, ALONG THE EAST LINE OF SAID TRACT "P -3" FOR A DISTANCE OF 28.04 FEET
TO THE POINT OF BEGINNING; THENCE SBO °56'59 "W, FOR A DISTANCE OF 60.01 FEET; THENCE
NOB °01'34 "W, FOR A DISTANCE OF 60.01 FEET; THENCE N80 °56'59 "E, FOR A DISTANCE OF 60.01
FEET TO A POINT ON THE AFOREMENTIONED EAST LINE OF TRACT "P -3 "; THENCE S08 °01'34 "E,
ALONG SAID LINE FOR DISTANCE OF 60.01 FEET TO THE POINT OF BEGINNING.
CONTAINING 3,601 SQUARE FEET OR 0.083 ACRES, MORE OR LESS,
NOTES;
1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT % -1", AS HAVING A
PLATTED BEARING OF N87° 07'57" W.
2. THERE MAY BE EASEMENTS AND RESTRICTIONS OF RECORDS AND /OR PRIVATE
AGREEMENTS NOT FURNISHED TO THIS SURVEYOR THAT MAY AFFECT PROPERTY RIGHTS
AND /OR LAND USE RIGHTS OF THE LANDS SHOWN HEREON.
3, NO UNDERGROUND INSTALLATIONS, FOUNDATION FOOTINGS OR IMPROVEMENTS HAVE
BEEN LOCATED EXCEPT AS NOTED,
4, THIS SKETCH OF DESCRIPTION WAS PERFORMED IN ACCORDANCE WITH THE MINIMUM
TECHNICAL STANDARDS FOR SURVEYS AS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS, CHAPTER 5J -17, FLORIDA ADMINISTRATIVE
CODE.
NTETRA TECH
10600 CHEVROLET WAY, SUITE 300
ESTERO, FL 33226
PHONE. (239) 390.1467
COWER COUNTY, FL
SKETCH OF DESCRIPTIONS
OF THE
TEMPORARY CONSTRUCTION EASEMENT
THE VINEYARDS UNIT ONE
COLLIER COUNTY. FL
iEAWRENCE E. JENKINS
PROFESSIONAL SURVEYOR
AND MAPPER FLORIDA
REGISTRATION fM5 64
TETRA TECH - LB 926
Project No.: 200.0846612002
Date: 12121111
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(P8 14, PG 67)
LINE TABLE
LINE#
DIRECTION
LENGTH
L1
N8' 01' 34 "W
28.04'
L2
S80' 5B' 59 "W
60.01'
L3
N8' 01' 34 'W
60.01'
L4
N80R 68'59'E
60.01'
L5
SB'01'34'£
60.01'
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N COLLIER COUNTY, FL TETRA TECH SKETCH OF DESOMPTIONS Date: 12/21111
OF THE D,Wgn 1 Sr- CIS
www.tetretechmm TEMPORARY CONSTRUCTION EASEMENT
10" CHEVROLET WAY, SUITE 3 SHEET
00
ESTERO. FL 83828 THE VINEYARDS UNIT ONE 2 OF 2
PHONE (239) 399 -107 COLLIER COUNTY, FL
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OF THE D,Wgn 1 Sr- CIS
www.tetretechmm TEMPORARY CONSTRUCTION EASEMENT
10" CHEVROLET WAY, SUITE 3 SHEET
00
ESTERO. FL 83828 THE VINEYARDS UNIT ONE 2 OF 2
PHONE (239) 399 -107 COLLIER COUNTY, FL
LEGAL DESCRIPTION: (LIFT STATION EASEMENT)
A PORTION OF TRACT "P -3 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT "P -3 ", THE VINEYARDS UNIT ONE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA, THENCE
RUN N87 °07'57 "W, ALONG THE SOUTH LINE OF SAID TRACT "P -3" FOR A DISTANCE OF 61.10
FEET; THENCE N08 °01'34 "W, FOR A DISTANCE OF 15.42 FEET; THENCE N80 °56'59 "E, FOR A
DISTANCE OF 60.01 FEET TO A POINT ON THE EAST LINE OF SAID TRACT "P -3 "; THENCE
S08 °01'34 "E, ALONG SAID LINE FORA DISTANCE OF 28.04 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,304 SQUARE FEET OR 0.030 ACRES, MORE OR LESS.
NOTES:
1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT "L -1 ", AS HAVING A
PLATTED BEARING OF N87° 07' 57" W.
2. THERE MAY BE EASEMENTS AND RESTRICTIONS OF RECORDS AND /OR PRIVATE
AGREEMENTS NOT FURNISHED TO THIS SURVEYOR THAT MAY AFFECT PROPERTY RIGHTS
AND /OR LAND USE RIGHTS OF THE LANDS SHOWN HEREON,
3. NO UNDERGROUND INSTALLATIONS, FOUNDATION FOOTINGS OR IMPROVEMENTS HAVE
BEEN LOCATED EXCEPT AS NOTED.
4. THIS SKETCH OF DESCRIPTION WAS PERFORMED IN ACCORDANCE WITH THE MINIMUM
TECHNICAL STANDARDS FOR SURVEYS AS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS, CHAPTER 5J -17, FLORIDA ADMINISTRATIVE
CODE.
TWrRA TECH
19800 CHEVROLET WAY, SUITE 3e9
ESTAO. FL 33928
PRONE: (238) 390.1A87
COLLIER COUNTY, R
SKETCH OF OESCRIPTIONS
OF THE
LIFT STATION EASEMENT
THE VINEYARDS UNIT ONE
COLLIER COUNTY, FL
LAWRENCE E. JEtvKINS
:OFESSIONAL SURVEYOR
AND MAPPER FLORIDA
REGISTRATION #5364
TETRA TECH - LB #26
Project No.: 2W- 08486.12002
Dale: 12121111
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PARCEL:
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OWNER:
THE VINEYARDS DEVELOPMENT CORP
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THE VINEYARDS UNIT ONE '
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LINE TABLE
LINE #
DIRECTION
-9487'07"57-W
LENGTH
L1
61.10'
L2
NB' 01'34"W
15AT
L3
NOD' S6' 59"E
50.01'
L4
I SB' 01' 34 "E 1
28.04'
QTETRA TECH
10W CHEVROLET kVAY. SUITE 300
ESTERO. FL 339228
P1K)NE. (2341390 -1487
TRACT L -1 �1t
DRAINAGE EASEMENT (LAKE) !
THE VINEYARDS UNIT ONE
(PS 14, PG 67)
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COLLIER COUNTY, FL
SKETCH OF DESCRIPTIONS
OF THE
LIFT STATION EASEMENT
THE VINEYARDS UNIT ONE
COLLIER COUNTY, FL
No.: 200.99488 -52002
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EXHIENT B
LEGAL DESCRIPTION: (LIFT STATION EASEMENT)
A PORTION OF TRACT "L -1 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF TRACT "L -1", THE VINEYARDS UNIT ONE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA; SAID POINT
BEING THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS
OF 760.00 FEET AND A CENTRAL ANGLE OF 02 °15'42 ", A CHORD BEARING OF S09 °09'25 "E A
CHORD LENGTH OF 30.00 FEET, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND
THE EAST LINE OF SAID TRACT "L -1" FOR A DISTANCE OF 30.00 FEET; THENCE S79 °42'44 "W, FOR
A DISTANCE OF 30.00 FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE
RIGHT HAVING A RADIUS OF 790.00 FEET AND A CENTRAL ANGLE OF 02 °31'38 ", A CHORD
BEARING OF N09 °01'27 "W A CHORD LENGTH OF 34.84 FEET, THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE FOR A DISTANCE OF 34.84 FEET; THENCE S81 °58'26 "W, FOR A DISTANCE
OF 30.01 FEET; THENCE N08 °01'34 "W, FOR A DISTANCE OF 7.89 FEET TO A POINT ON THE
NORTH LINE OF THE AFOREMENTIONED TRACT "L -1'; THENCE S87 °07'57 "E, ALONG SAID LINE
FOR A DISTANCE OF 61.10 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,155 SQUARE FEET OR 0.027 ACRES, MORE OR LESS.
NOTES:
1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT "L -1 ", AS HAVING A
PLATTED BEARING OF N87" 07'57" W.
2. THERE MAY BE EASEMENTS AND RESTRICTIONS OF RECORDS AND /OR PRIVATE
AGREEMENTS NOT FURNISHED TO THIS SURVEYOR THAT MAY AFFECT PROPERTY RIGHTS
AND /OR LAND USE RIGHTS OF THE LANDS SHOWN HEREON.
3. NO UNDERGROUND INSTALLATIONS, FOUNDATION FOOTINGS OR IMPROVEMENTS HAVE
BEEN LOCATED EXCEPT AS NOTED,
4. THIS SKETCH OF DESCRIPTION WAS PERFORMED IN ACCORDANCE WITH THE MINIMUM
TECHNICAL STANDARDS FOR SURVEYS AS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS, CHAPTER 5J -17, FLORIDA ADMINISTRATIVE
CODE.
n TETRA TECH
10500 CHEvAGLET WAY, SUITE 300
E5TER0 FL33928
NE
PHO (2391390-1487
COWER COUNTY. FL
SKETCH OF DESCRIPTIONS
OF THE
LIFT STATION EASEMENT
THE VINEYARDS UNIT ONE
COLLIER COUNTY, FL
LAWRENCE E. JENKINS
PROFESS IONAL SURVEYOR
AND MAPPER FLORIDA
REGISTRATION 9A354
TETRA TECH - LB 926
"Ott No.: 200- M4W12002
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TRACT P -3
THE VINEYARDS UNIT ONE
(PB 14, PG 87) fj
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PROPOSED TEMPORARY �}
CONSTRUCTION
EASEMENT } 111
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PROPOSED LIFT i
STATION EASEMENT 4
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NORTH LINE OF
TRACT'L -1"
LINE TABLE
LINE #
DIRECTION
I LENGTH
Li
379" 42' 44"W
30.00'
L2
581' 88' 26"W
30.01'
L3
N8' 01'34"W
7.89'
L4
S87" 07'57 "E
81.10'
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FaF[:IMINAI y
.OF
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EASEMENT
PARCEL:
80872980008
OWNER:
THE VINEYARDS DEVELOPMENT CORP
TRACT L -1
DRAINAGE EASEMENT (LAKE)
THE VINEYARDS UNIT ONE
(PS 14, PG 87)
CURVE TABLE
CURVE 0
RADIUS
DELTA
LENGTH
CHORD BEARING
I CHORD
Cl
780.00'
2' 75' 42°
30.00-
39" 0=25"E30.01
C3
790.00'
2" 31' 38'
34.84'
N9° 0
n TETRA TECH
IM(XI CHEVROLET WAY, SUITE 390
ESTERO, FL 33928
PHONE: (238) 390.11137
COWER COUNTY, FL
SKETCH OF DESCRIPTIONS
OF THE
LIFT STATION EASEMENT
THE VINEYARDS UNIT ONE
COLLIER COUNTY, FL
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Project N9.: 20"BW -12002
Date: 12!21111
Doolgrod By: CIS
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