Foxfire Donation AgreementPROJECT: Reclaimed Water Telemetry /Foxfire New 9
FOLIO No.: 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 non profit corporation, whose mailing address is 1030
Kings Way, Naples, Florida 34104 -4988 (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 (hereinafter referred to as
"County "), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida
34112 -5356.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive utility easement for the purpose of access, installation, operation and maintenance
of reclaimed water facilities, pipelines; electrical panels, telemetry tower, ground water
monitoring well, 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. County will be responsible for all repairs, maintenance, and related costs for its
above - ground and in- ground infrastructure within the easement area. This provision shall
survive Closing and is not deemed satisfied by the conveyance of Easement.
3. County has confirmed the ownership of the lands underlying the Easement to be
granted pursuant hereto, and Owner and all its related entities make absolutely no
representations or certifications with regard to same. This provision shall survive Closing and
is not deemed satisfied by the conveyance of 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. 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 this 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]
K
IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the
dates stated herein below.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMWt' STONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FL_OR DA, AS r
THE GOVERNING BODY OFCOLLIER U
COUNTY AND AS EX- OFF4CIO THE
GOVERNING BOARD OF COLLIER
COUNTY WATER -SEWER STRICT
f. � • C Op ����
C BY:
ty Clerk Fred W. Coyle, Chairman
AS TO OWNER:
FOXFIRE COMMUNITY ASSOCIATION
OF COLLIER COUNTY, INC.,
a Florida non profit corporation
DATED: 7
BY: z
Christine Bush, President
ATTEST:
John L. totter, Corporation Secretary
Approved as to form and
legal sufficiency:
s
Jenn er . White
Assistant County Attorney
EXH1�IT A
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EXH1�IT A
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November 28, 2011
DESCRIPTION
PARCEL IN LOTS 152 AND 153
NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO. 2
PLAT BOOK 1, PAGE 27A
SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A tract or parcel of land lying in Lots 152 and 153, Naples Groves and Truck Co's Little Farms
No. 2, as recorded in Plat Book 1, page 27A, public records of Collier County, Florida, which
tract or parcel is more particularly described as follows:
Beginning at the southwest corner of Outlot "A" of the plat of Foxfire Unit One,
as recorded in Plat Book 13, page 84, public records of Collier County, Florida,
thence South 00 °49'19" East on the west line of said Foxfire Unit One for 40.00
feet to an intersection with the north right -of -way line of Davis Boulevard (150
feet wide); thence South 89 °41'28" West on said north right -of -way line for
501.18 feet; thence North 00 °18'32" West, departing said north right -of -way
line, for 40.00 feet; thence North 89 °41'28" East for 11.98 feet; thence
North 00 °18'32" West for 13.67 feet; thence North 89 °41'28" East for 55.64 feet;
thence South 00 °18'32" East for 13.67 feet; thence North 89 °41'28" East for
433.20 feet to the Point of Beginning.
Parcel contains 20,801 square feet (0.48 acres), more or less.
Bearings hereinabove mentioned are based on State Plane Coordinates, Florida Zone East,
North American Datum of 83 (NSRS 2007) wherein the north right -of -way line of Davis
Boulevard bears South 89 °41'28" West.
(Not Valid Without Sheet 1 of 2)
Sheet 2 of 2
*1