Halstatt Donation Agreement PROJECT: Western Sewer Interconnect
PARCEL: Halstatt, LLC
FOLIO: 47790038426, 00267000005 & 47790008508
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between HALSTATT, LLC, a Delaware limited liability company, as
successor by merger to The Halstatt Partnership, a Florida general partnership, (hereinafter
referred to as "Owner"), whose mailing address is 2600 Golden Gate Parkway, Naples, FL 34105
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.
WITNESSETH:
WHEREAS, CCWSD requires a perpetual non-exclusive Utility Easement over, upon, through
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 purposes of constructing, operating,
maintaining, and accessing utility facilities thereon; and
WHEREAS, Owner desires to convey the Easement Area to CCWSD 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 Easement Area
to the CCWSD 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 Easement Area requested by
CCWSD; 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 Easement Area via a Utility Easement to CCWSD at no cost to the
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, properly executed, to
CCWSD on or before the date of Closing.
3. 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 CCWSD executes this Agreement; provided; however, that
CCWSD 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 Easement Area.
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 to the best of its knowledge, without any investigation, that no
hazardous substances have been generated, stored, treated or transferred on the Easement Area
except as specifically disclosed to the CCWSD; that the Owner has no knowledge of any spill or
environmental law violation on any Easement Area contiguous to or in the vicinity of the Easement
Area to be conveyed to the 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) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Easement Area.
6. The CCWSD 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. Owner 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 Easement
Area from the mortgagee(s). The cost of a title commitment shall be paid by CCWSD.
1
PROJECT: Western Sewer Interconnect
PARCEL: Halstatt, LLC
FOLIO: 47790038426, 00267000005 &47790008508
7. 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.
8. 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.
9. 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: Resolution 2010-39
AS TO COUNTY:
DATED: 9 -"ILO-1t7I �����►;; �,s�,,,
ATTEST: BOARD OF COUNTY COMMIS?ONRS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA,AS`s'-1E'
GOVERNING BODY OF COLLIERCOUNTY
OatAtt 'if Qi�Q C AND AS EX-OFFICIO THE GOVERNING -
s tity Clerk BOARD OF THE COLLIER GOLJNIii WATER-
�! Tr��'
Atfes#as o Chair�an'� SEWER T '
���
f t®,�t c.�.,
sigwatpre only ' BY `r!raoa#,tii►�����'N
`7/04 • TIM NANCE, Chairman (o\z,,,,\cs
AS TO OWNER:
WITNESSES:
a, I.. OA HALSTATT, LLC, a Delaware limited liability
Witness i ignature) f/ company, as successor by merg= o The Halstatt
Name: , a Ku Partnershi•, a Florida general p. rt p
�I�I kkaii,�;/%
By t_ . . �(d.'J �Ar
Witness (Signature) Print Name: itgrafflirarffill
Name: Austin Howell Title: et
(Print)
Approved as to forI• and legality
Assis ,7 .why
2
EXHIBIT HM PROJECT#2012.015
4/1/2016
Page HOLE MONTES REF. DWG.#B-6958-1
ENGINEERS •PLANNERS •SURVEYORS
Page 1 of 2
950 Encore Way•Naples, Florida 34110•Phone 239.254.2000•Fax:239.254.2099
LEGAL DESCRIPTION:
PARCEL A:
A PARCEL OF LAND LOCATED IN A PORTION OF TRACT"E", GREY OAKS UNIT THREE,ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 20,AT PAGES 30 THROUGH 37 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA,AND A PORTION OF TRACT"E", GREY OAKS UNIT FOURTEEN,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 33,AT PAGES 59 THROUGH 64 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF TRACT"E", SAID GREY OAKS UNIT FOURTEEN;THENCE
RUN S.89°30'55"W.,ALONG THE SOUTH LINE OF SAID TRACT"E", FOR A DISTANCE OF 15.32 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE CONTINUE S.89°30'55"W
FOR A DISTANCE OF 4.68 FEET;THENCE RUN N.00°15'52"W., FOR A DISTANCE OF 449.29 FEET;THENCE
RUN S.89°44'08"W., FOR A DISTANCE OF 15.00 FEET;THENCE RUN N.00°15'52"W., FOR A DISTANCE OF
1661.50 FEET TO A POINT ON THE SOUTH LINE OF TRACT"E", GREY OAKS UNIT THREE,ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 20,AT PAGES 30 THROUGH 37 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;THENCE RUN N.00°09'06"W., FOR A DISTANCE OF 1616.01
FEET,TO A POINT ON THE BOUNDARY OF A UTILITY EASEMENT RECORDED AT O.R. BOOK 4263, PG.4087
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE RUN N.89°47'00"E.,ALONG THE
BOUNDARY OF SAID EASEMENT FOR A DISTANCE OF 20.00 FEET TO A POINT ON THE WEST LINE OF A
SLOPE AND UTILITY EASEMENT AS RECORDED AT O.R. BOOK 3434, PG. 2098 OF THE PUBLIC RECORDS
OF COLLIER COUNTY FLORIDA;THENCE RUN S.00°09'06"E.,ALONG THE WEST LINE OF SAID SLOPE AND
UTILITY EASEMENT FOR A DISTANCE OF 1664.63 FEET;THENCE RUN S.00°15'29"E.,ALONG THE WEST
LINE OF SAID SLOPE AND UTILITY EASEMENT, FOR A DISTANCE OF 2062.14 FEET TO THE POINT OF
BEGINNING; CONTAINING 1.5 ACRES, MORE OR LESS.
AND TOGETHER WITH
PARCEL B:
A PARCEL OF LAND LOCATED IN A PORTION OF TRACT"E", GREY OAKS UNIT THREE,ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 20,AT PAGES 30 THROUGH 37 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF LIVINGSTON RD (A 120' RIGHT-
OF-WAY)WITH THE SOUTH LINE OF TRACT"R", GREY OAKS UNIT EIGHTEEN ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 47,AT PAGES 1 THROUGH 4 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA,THE SAME BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY
HAVING A RADIUS BEARING S.89°50'54"W, 50.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY
ALONG THE ARC OF SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 73°44'08", SUBTENDED
BY A CHORD OF 59.99 FEET,AT A BEARING OF N.37°01'10"W FOR A DISTANCE OF 64.34 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED AND TO A POINT ON THE WEST LINE
OF A SLOPE AND UTILITY EASEMENT AS RECORDED AT O.R. BOOK 3434, PG.2098 OF THE PUBLIC
RECORDS OF COLLIER COUNTY FLORIDA, THENCE RUN THE FOLLOWING THREE COURSES ALONG THE
WEST LINE OF SAID SLOPE AND UTILITY EASEMENT; 1)THENCE RUN S.00°09'06"E., FOR A DISTANCE OF
28.95 FEET; 2) N.89°51'41"E, FOR A DISTANCE OF 21.00 FEET; 3) S.00°09'06"E., FOR A DISTANCE OF 257.33
FEET TO A POINT ON THE NORTH LINE OF A UTILITY EASEMENT RECORDED AT O.R. BOOK 4263, PG.4087
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°47'00"W.,ALONG SAID
NORTH LINE FOR A DISTANCE OF 20.00 FEET;THENCE RUN N.00°09'06"W., FOR A DISTANCE OF 251.14
FEET;
THENCE RUN S.89°50'54"W., FOR A DISTANCE OF 35.00 FEET;THENCE RUN N.00°09'06"W., FOR A
DISTANCE OF 34.34 FEET TO A POINT ON THE BOUNDARY OF TRACT"R", GREY OAKS UNIT EIGHTEEN,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 47, PAGES 1 THROUGH 4 OF THE
H:\2012\2012015\WP\SU\SKETCHES\PBSL B-6958-1.docx
Naples•Fort Myers
CA
�/ HM PROJECT#2012.015 IHMI EXHI 'T 4/1/2016
Page Of HOLE MONTES REF. DWG.#B-6958-1
ENGINEERS •PLANNERS -SURVEYORS
Page 2 of 2
950 Encore Way•Naples, Florida 34110•Phone 239.254.2000•Fax:239.254.2099
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,AND TO A POINT ON A CIRCULAR CURVE, CONCAVE
SOUTHERLY; WHOSE RADIUS POINT BEARS S.11°49'57"E., THEREFROM;THENCE RUN EASTERLY,ALONG
THE BOUNDARY OF SAID TRACT"R"AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 253.00 FEET,THROUGH A CENTRAL ANGLE OF 02°50'03", SUBTENDED BY A CHORD OF 12.51
FEET AT A BEARING OF N.79°35'05"E., FOR A DISTANCE OF 12.52 FEET TO A POINT OF COMPOUND CURVE
CONCAVE SOUTHWESTERLY;THENCE RUN SOUTHEASTERLY,ALONG THE BOUNDARY OF SAID TRACT
"R"AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET,THROUGH A
CENTRAL ANGLE OF 25°06'35", SUBTENDED BY A CHORD OF 21.74 FEET,AT A BEARING OF S.86°26'32"E.,
FOR A DISTANCE OF 21.91 FEET TO THE POINT OF BEGINNING; CONTAINING 6386.8 SQUARE FEET, MORE
OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE FLORIDA STATE PLANE EAST ZONE N.A.D. 83, 1999
ADJUSTMENT AND THE SOUTH LINE OF TRACT"E", GREY OAKS UNIT FOURTEEN,ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 33,AT PAGES 59 THROUGH 64 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA AS BEING N.89°30'55"E.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB#1772
I.
BY +g _Ti #6278
JOH STA OF FLORIDA
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EXHIBIT
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