Saturnia Lakes HOA Donation Agreement (Tract OS27) PROJECT: Saturnia Lakes Water Main Loop
PARCELS: Tract"OS27"—Saturnia Lakes Plat Three
PID: 72650010122
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between SATURNIA LAKES HOMEOWNERS ASSOCIATION, INC.,
a Florida non-profit corporation (hereinafter referred to as "Owner"), whose mailing address is
C/O KW Management & Consultants, 1310 Saturnia Grande Drive, Naples, FL 34119 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.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a perpetual, non-
exclusive easement for the purpose of constructing, operating, maintaining, and repairing utility
facilities over, under, upon and across the lands described in Exhibit "A" hereinafter referred to
as the ("Property"), which is attached hereto and made a part of this Agreement;
WHEREAS, Owner desires to convey an easement over the Property to County 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
over 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 easement over the Property via a Utility Easement to County
at no cost to the County, unless otherwise stated herein.
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.
4. To the best of Owner's actual knowledge, and without investigation, 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 actual
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 the easement.
5. Owner shall indemnify, defend, save and hold harmless the County against and from,
and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs
and expenses (including without limitation reasonable paralegal and attorney fees and
expenses whether in court, out of court, in bankruptcy or administrative proceedings or on
appeal), penalties or fines incurred by or asserted against the County by reason or arising out
1
of the breach of Owner's representation under Section 5. This provision shall survive Closing
and is not deemed satisfied by conveyance of the easement.
6. 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.
County 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 Property from the mortgagee(s). The cost of a title commitment shall be paid by
County. All other costs associated with this transaction including but not limited to transfer,
documentary and intangible taxes shall be borne and paid by County.
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 over 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.
9. If the Owner holds the Property 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 before the
Property held in such capacity is conveyed to County, 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.)
10. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
(signatures on following page)
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IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year set forth below.
DATE ACQUISITION APPROVED BY BCC: - - 10 lits , m9• 20 ,o
AS TO COUNTY: rr�,
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLOR#DA, AS THE ,,,
GOVERNING BODY OF COLLIER COUNTY
111 _ AND AS EX-OFFICIO THE GOVERNING
.! ! , s ! ��,�.� BOARD OF THE COLLIER COUNTY
4
Dep OCIerk WATER-SEW- - ' TRICT
attest as to Ch 7— an's I
signature only, Ce)litilt* 110.401)
By:
W. cDaniel,
Ch. rman
AS TO OWNER:
SATURNIA LAKES HOMEOWNERS
ASSOCIATION, INC.
a Florida not-for-profit corporation
WITNESSES
By L
itness (Sig 4ture)
Print: ��, --�- L c,J•
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Name: Agg
(Print) t
Its: ' IGcS d C►�4-
Witness (Signature)
Name: S `=
LALC
(Print)
Approved as to form and legality:
Jennifer Belpel
Assistant County Attorney v
3
EXPOC DESC. ) H1 t A
NW CORNER ,_/ ,of- 'j'• =-_.
TRACT "D" N
CNi NOTES:
0 1. THIS SKETCH IS NOT A SURVEY.
w 2. BEARINGS SHOWN HEREON ARE BASED ON THE
I 1 PLAT OF ISLANDWALK PHASE THREE, AS
RECORDED IN PLAT BOOK 33, PAGE 39, PUBLIC
°a E I RECORDS OF COLLIER COUNTY, FLORIDA,
0 - a WHEREIN THE WEST LINE OF TRACT "0" BEARS
502.1 1'37"E.
POB DESC. Q °a 3. THIS SKETCH DOES NOT MAKE ANY
o REPRESENTATION AS TO ZONING OR
0 1 ='-g DEVELOPMENT RESTRICTIONS ON THE SUBJECT
I PARCEL.
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LEGEND
A.E. = ACCESS EASEMENT
N24'45'10"W 9.54' 0 C.U.E. = COUNTY UTILITY EASEMENT
{ D.E. = DRAINAGE EASEMENT
DESC. = DESCRIPTION
WEST LINE OF FPL = FLORIDA POWER & LIGHT COMPANY
8 TRACT "D LBE = LANDSCAPE BUFFER EASEMENT
OFFICIAL RECORDS BOOK
8
I PG = PAGE
g FOB = POINT OF BEGINNING
0 5 10 20 POC = POINT OF COMMENCEMENT
W bo' I I I PUE = PUBLIC UTILITY EASEMENT
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Z
O 0 EAST LINE OF J
O CC TRACT "D" �,•...D.y^
ry > 107-EAST
at N •'•.'�#
n N88'07'03"E 6.25' v
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m 4, 6758 < • ,
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0 502'11'37"E 10.00' 4b
2 0 TIMOTHY J. DEV e' OF f T,E
J { I PROFESSIONAL SU ii0R,9N0.�P11AP,ER
N 1 FLORIDA CERTIFICATE NB.ui.41C1168
5` FPL S88'07'03"W 16.24' NOT VALID WITHOUT THE SIGNATURE AND THE
Z. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
i I I SURVEYOR AND MAPPER.
10'WIDE COLLIER COUNTY UTILITY EASEMENT
LYING IN TRACT"D" 6610 Willow Park Drive.Suite 200
Naples,Florida 34109
ISLANDWALK PHASE THREE Phone:(239)597-0575
PLAT BOOK 33, PAGE 39 FAX: (239)597-0578TH
SECTION 33,TOWNSHIP 48 SOU ,RANGE 26 EAST LB No.:6952
COLLIER COUNTY, FLORIDA ENGINEERING
._.OB NU11BEP L1:.'_n', S. ;i^. TO NSH''-' '<'A"NGE" .AI E .)R4'AAN BY FILE NOME SHF'
130063.00.60 33 48S 26E 1"=20' 8/06/18 TJD 002 SD 1 of 2
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Pogo cif
DESCRIPTION
A TRACT OR PARCEL OF LAND LYING IN TRACT "D", ISLANDWALK PHASE THREE
AS RECORDED IN PLAT BOOK 33, PAGE 39 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT "D" THENCE
S.02'11'37"E. ON THE WEST LINE OF SAID TRACT "D" FOR 202.27 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE S.24'45'10"E., DEPARTING SAID WEST LINE, FOR 35.60 FEET;
THENCE S.02'15'10"E., FOR 88.15 FEET;
THENCE N.88'07'03"E., FOR 6.25 FEET TO AN INTERSECTION WITH THE EAST
LINE OF SAID TRACT "D";
0
$ THENCE S.0711'37"E., ON SAID EAST LINE FOR 10.00 FEET;
THENCE S.88'07'03"W., DEPARTING SAID EAST LINE FOR 16.24 FEET;
THENCE N.02°15'10"W., FOR 96.10 FEET;
THENCE N.24°45'10"W., FOR 9.54 FEET TO AN INTERSECTION WITH THE WEST
LINE OF SAID TRACT "D";
0
THENCE N.02-11'37"W., ON SAID WEST LINE FOR 26.07 FEET TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 1,259 SQUARE FEET OR 0.03 ACRES, MORE OR LESS.
BEARINGS MENTIONED HEREINABOVE ARE BASED ON THE PLAT OF ISLANDWALK
0
PHASE THREE, AS RECORDED IN PLAT BOOK 33, PAGE 39, PUBLIC RECORDS
E OF COLLIER COUNTY, FLORIDA, WHEREIN THE WEST LINE OF TRACT "D" BEARS
SOT 1 1'37"E.
ID
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CO
10'WIDE COLLIER COUNTY UTILITY EASEMENT 6610 Willow Park Drive.Suite 200
LYING IN TRACT"D" Naples,Florida 34109
ISLANDWALK PHASE THREE Phone:(239)597-0575
PLAT BOOK 33,PAGE 39 FAX: (239)597-0578
SECTION 33,TOWNSHIP 48 SOUTH, RANGE 26 EASTRik LB No.:6952
COLLIER COUNTY, FLORIDA ENGINEERING
."BER RE'.'`:-=[O'N SECTIC). ,NSF'u a•N _ S'CR._ B�' �E NAME e-E-c7
130063.00.60 33 485 26E _ 8/06118 _ TJD 002 SD 2 or 2