Folio #00431400004 UAE Donation Agreement Project: Sabal Bay Force Main
Folio No.: 00431400004
UTILITY AND ACCESS EASEMENT DONATION AGREEMENT
THIS UTILITY AND ACCESS EASEMENT DONATION AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into by and between COLLIER LAND
DEVELOPMENT, INC, a Florida corporation whose mailing address is 2550 Goodlette Road N.,
#100, Naples, Florida 34103 (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 "CCWSD"), whose
mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
WHEREAS, CCWSD requires a perpetual non-exclusive Utility and Access Easement
over, 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 "Easement Area") for the purposes of
constructing, maintaining, accessing, infrastructure and improvements necessary to CCWSD's
utility facilities; and
WHEREAS, Owner desires to convey a Utility and Access Easement over the Easement
Area to CCWSD for the stated purposes on the terms and conditions set forth herein.
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 and Access Easement to CCWSD
at no cost to CCWSD, 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. Owner shall provide
such instruments, pr,perly executed, to the CCWSD on or before the date of Closing.
3. CCWSD shall repair or replace at their cost any existing or future above ground/below
ground improvements such as landscaping, walls, signs, access roads, utilities, etc., to
existing conditions or better due to the repair and/or replacement of the CCWSD owned
and maintained wastewater force main. Additionally, the Owner, its successors and
assigns, may utilize the Easement Area for access, and is allowed to construct site
improvements, including, and not limited to access roads, walls, signage structures,
utilities, landscaping, within the Easement Area.
4. Closing shall occur within sixty (60) days from the date CCWSD executes this
Agreement; provided, however, that CCWSD shall have the unilateral right to extend the
term of this Agreement for a period not to exceed sixty (60) days.
5. Owner is aware and understands that the "offer" represented by this Agreement is
subject to acceptance and approval by the Board of County Commissioners of Collier
County, Florida.
6. Owner represents that to the Owner's knowledge, 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 crt;ansferred on the Easement Area except as specifically disclosed to
CCWSD; that the Owner has no 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
CCWSD; that the Owner has not received notice and otherwise has no knowledge of a)
any spill on the Easement Area, b) any existing or threatened environmental lien against
the Easement Area or c) : ny lawsuit, proceeding or investigation regarding the
generation, storage, treatrent, spill or transfer of hazardous substances on the
Easement Area. This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
7. CCWSD shall pay for all costs of recording the conveyance instruments in the Public
Records of Collier County, Florida. All other costs associated with this transaction
including but not limited to transfer, documentary and intangible taxes, and recording
costs for any curative instruments shall be borne and paid by Owner. The cost of a title
commitment shall be paid by CCWSD.
8. Owner shall indemnify, defend, say= and hold harmless the CCWSD against and from,
and to reimbun e the CCWSD with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and attorney
fees and expe ises whether in court, out of court, in bankruptcy or administrative
proceedings or on appeal), penalties or fines incurred by or asserted against the
CCWSD by reason or arising out of the breach of Owner's representation under Section
6. This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
9. 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.
10. Conveyance of the 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.
11. If the Owner holds the property underlying 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 property underlying the Easement Area before the
Easement Area held in such capacity is conveyed to CCWSD, 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.)
12. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates hereinafter stated.
Date Property acquisition approved by BCC: /Y i I (■ XP-
AS TO CCWSD:
DATED: 61 72.2014
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY7F COLLIER
COUNTY AND AS EX-OFF_ICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY W TER-S% ER ['RESTRICT
• `' m � Ta� C . B • ,�
y Clerk
y 1 Henning, Chair •
tas ' q!A.�'; t
st . Te onlyy...
AS .O`OWNER:
DATED:` 1.1Ack,a, 14 4 I`1' COLLIER LAND DEVELOPMENT, INC.,
a Florida orporation
By:
Witness (SOnature) //}}
Name: t"-67 0 lI Print Name:-4a-rtzte tt L..• UTATC�Z-
(Print or Type) `
Title: V tce Vrcesi e �T
Witness (Signature)
Name: LoNflA M. CA OVA Approved as to form and legality
(Print or Type)
•
Assistant ;s unty A torney
CA
z EXHIBIT -- Z
c> w . N
Z w �Vl, O I iN
J BANAL * �� N
U
Z F-W<0 Z DRAINAGE EASEM 3675
0 o W J°a M Q.R. 4385. PAGE ° woo g(V
w a~.. tnU w W o! Is-
Z 0 •• II 6J J t.-,
J O)V)WK VI.Z W /l>/ JQ�>4 x`71
J r7 a° fna0 W 1- 1=Z F g
wm H 0 R li _ 'Q 00 n 15 n
w O II Z F U II
Z '^ O o 0
f/I 0° Z awU V l
U U 0
W No,_ g IIOw w / J �UN� x
2�VI Q< II O Z w a° Z g m O 00`.- Q O H 0 J.
V 1..1..1 Q J q N
I--ww' w� �zaw0 N u� m N IX Y�0. m
Z I 6-1 W �UQ�J �{ ^ N oO 1— W Na N
O M 4.100004141 ` a LI o
0r)LI' 0m3vlm I— :�i O -1 o 3 -
0vgz�aQ�l'ow° Q ww . ° Z v ��
mba ZV)<00 1 w,_ I G7 M 0) O) �' ZZ ..
wO°m��rUZ Z r7 0 O 0
w c-D Z w
wFQ a<00000zm < U') Mc0o * �m
a H IA In tl 0.Q a x b O IA O * J w
1-w O0OO II II II°< W cow l°n M lin rte) * U °
tii 0ZZOVI-5 5 I- z ZN ✓' Z M
Z w Z K w w I I II U m 3 II a w
<W Woff°m000Ww Z - N M a 11
C e m m w o a000 as li 0ln J J J J
w c7
z
Li
g O
m V
,,,� I
N
d
L
N
�11 I
s en^ LL
m
•
—S L 1 d3•
R.o o
710 D
U �O gq
L''I
w co CV -
Q cn
u^ m Q 0._5;1 2- 1
yy
n Q m U N .
Li_� O w CO 8� _N
Q `7 CO I
r--i Cr) c) i
Q I = O I- N >
O
Q O ml
O
U)
W 0_ k S
o
o
I■I N J -- N
CN
a_
J Cl- <:( N z
Q�' nom' -' m
1�4 LL p
W s
o
=w 0 - -
_ o
va U w ` ,0
oo O
N
wa°D d cr
P P .
0 I a
J i 4 O
K a i
LO U W Cr r) .-
Z-U > 3
CC W a ^t
0 o 00 '0
m
o0n $ o o °
N
�m0 1 a NM tO in
mce m w a a
OI~jl CO~ K
.-QQ N
d W N a < - m
J J J
= J
4 In
= a
r+ CO U)
'3'V ,6S „H„ 10V211 .O J Vd I 1 w < 1•ZF 30Vd '9t, NO08 1Vld I Y x T,
3381-11. 3SVHd I wi 1 o- s o m °o N
IVld 1V1083111^100 AVB 1V9VS I – w w r i W o o N
f,. 'oval � i <i = •-•t o C., °
€13)
EXHIBIT_
��-. - - tie Stantec
Legal Description of part of Section 19,
Township 50 South, Range 26 East, Collier County, Florida
(15' Wide C.U.E. (Collier Utility Easement))
Beginning at the Easterlymost Corner of Tract"H" according to the plat of Sabal Bay
Commercial Plat- Phase One, as recorded in Plat Book 38, Pages 81-84, Public Records of
Collier County, Florida and also being a point of the southwesterly Right of Way of State Road
No. 90 (US 41).
Thence along said Right of Way South 39°03'59" East 567.81 feet;
Thence leaving said Right of Way South 50°56'01"West 15.01 feet;
Thence along a line 15 feet south and parallel with said Right of Way, North 39°03'59"
West 567.81 feet to a point on the Easterly line of Said Tract"H";
Thence along said line North 50°55'33" East 15.00 feet to the POINT OF BEGINNING.
Containing 8,519 square feet, more or less.
Subject to easements and restrictions of record.
Bearings are based on the said Right of Way of US 41 being South 39°03'59" East, Florida
State Plane- East Zone 83-90 Adjustment.
Stantec Consulting Services Inc
Registered Engineers and Land Surveyors
Certificate of Authorization #LB-7866
By: 1/24/14
Lance T Miller, Professional Surveyor and Mapper#LS5627 Date
Not Valid unless embossed with the Professional's Seal
REF: 2D-122CUE sheet 1 of 2
i��