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P.S. 305.19 & 309.02 Donation Agreement (Foxfire Community Association)PROJECT: Basin 305 Pump Stations PUMP STATIONS: 309.01 & 309.02 TAX IDENTIFICATION* 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 not -for -profit corporation (hereinafter referred to as "Owner"), whose mailing address is 1030 Kings Way, Naples, FL 34104 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 a pump station and related 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 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 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. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. I 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 County executes this Agreement; provided; however, that County 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 Property. 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 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 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 title. 6. 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 of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. 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). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. 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. 9. Conveyance of 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 Donation Agreement understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties. or covenants not contained herein. 10. 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.) 11. 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: AS TO COUNTY: iP (3 1 - DATED: (D 13 2O)-0 ATTEST: CRYSTAL K. KINZEL, Clerk 1�tteSt tp C " 0+ty Clerk sivaturea Approved as to iiorr*ii d legality: Jennif4r k Belpedio, Askist ant County Attorney gltlt,!!3r)frtlf�jf BOARD OF COUNTY COMMIiE��ti�y%,,J COLLIER COUNTY, FLORID�k"� S THE GOVERNING BODY OF Cd IEF�Z,C UNTY AND AS EX-OFFICIO TKO GOERNING UJA BOARD OF THE COER "COUNTY WATER -SEWER DISTRICT:_ <, - j`9111t�1�� 10 BY: �,14 BURT L. SAUNDERS, Chairman Donation Agreement 3 �, AS TO OWNER: ✓ _.. FOXFIRE COMMUNITY ASSOCIATION OF WI ness (Signature) COLLIER COUNTY, INC., a Florida not -for -profit G ame (Print or T corporation Witness (Signature A t1ry-)n Name (Print or Type) BY: DR. WIL -IAM C RNETTA, its President o�pgy Pamela Jean Cannon a� O NOTARY PUBLIC o STATE OF FLORIDA Comm# GG337539 Expires 9/18/202 Donation Agreement 4 U GRAPHIC SCALE 0 10 20 40 f ( IN FEET ) 1 inch - 20 ft_ J N m 0 LLJ J m 8�• P 8 LOT 152 J A�tl Page �- FLAMINGO ESTATES P.B. 10, PG. 34 ESTEY AVE. (AKA FLAMINGO DRIVE) (55' R/W), w S89'32'47"W 127.65 A EX. PUMP Per OF STATION OR. 1359.E -PG. 365 J L AWW*17V 24.00' NG&TCLF No.2 PARCEL NO. 61844640005 O.R. 1047. PG. 1206 For the Exclusive Use Of. Collier County Board of County Commissioners signed by David J. Hyatt11..'gitally tt HyaPSMk 834David PSM #5834 Date:?019.05.1013:1728 David J. Hyatt, PSM, Florida license No. 5834 Not valid without the signature and original seal of the Florida licensed Professional Surveyor and Mapper Certificate of Authorization f7705. IM �J�JEYrNG� OC H RCO SURVEYING � MAPPING 3825 BECK BOULEVARD SURE 725 MAPLES, FLOR104 34114 (239) 389-0026W. AW WWTCOSURVEYS. COM LINE TABLE LINE BEARING DISTANCE L1 N89'32'47"E 3.00' L2 SO'27' 1 YE 20.00' L3 N89'32'47 "E 20.00' L4 NO' 27'13"W 20.00' L5 N89'32'47"E 1.00' PONE OF C0IMENC01E�If � I I I SKETCH & DESCRIPTION A Portion Lot 152 NG&TC Little Forms No. 2 Collier County, Florida .W.- Collier County Board of County Commissioners UECT /: 1 P461 sus -WELT: PS 309.01 IFTEO BY; 047E SCALE WO NUMBER SHEET / ORAN7NG NO. CUM 412019 1' = 20' 1 17-332 I 1 OF 2 1 1-089 ,I Description Being a portion of Lot 152 of Naples Grove and Truck Co's Little Farms No. 2 as recorded in Plot Book 1, Page 27 of the Public Records of Collier County, Florida. Being more particularly described as follows: COMMENCING at the Northeast corner of Lot 152 of Naples Grove and Truck Co's Little Farms No. 2 as recorded in Plat Book 1, Page 27 of the Public Records of Collier County, Florida; thence run South 89'32'47" West, along the south right of way line of Estey Avenue, for a distance of 127.65 feet to the POINT OF BEGINNING; thence run South 00'00'03" West, for a distance of 35.06 feet; thence run North 89'56' 17" West, for a distance of 24.00 feet; thence run North 00'00'00" East, for a distance of 34.85 feet to its intersection with the South right of way line of said Estey Avenue; thence run North 89'32'47" East, along the South right of way line of Estey Avenue, for a distance of 3.00 feet to the northwesterly corner of the lands described in Official Records Book 1359 at Page 365, of the Public Records of Collier County; thence run South 00'27'13" East, along the West line of said described lands, for a distance of 20.00 feet; thence run North 89'32'47" East, along the South line of said described lands, for a distance of 20.00 feet; thence run North 00'27'13" West, along the east line of said described lands, for a distance of 20.00 feet to its intersection with the south right of way line of Estey Avenue; thence run North 89'32'47" East, along the south right of way line of Estey Avenue for a distance of 1.00 feet; to the POINT OF BEGINNING. Containing 439.937 square feet or 0.01 acres more or less. NOTES 1, This is not a survey. 2. No easement search or abstracting was done by the surveyor and note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search. 3. Unless otherwise indicated, all existing easements shown hereon are based on Plot. 4. Not other persons or entities other than those listed as exclusive users may rely on this sketch & description. 5. All dimensions are in feet and decimals thereof, unless otherwise noted. 6. Subject to easements, reservations, and restrictions of record. yJ�vEYING�3 SKETCH & DESCRIPTION A Portion of Lot 752 U H NG&TC Little Forms No. 2 � Collier County, Florida '� MARCO SURVEYING dt MAPPING CLIENT Collier County Board of County Commissioners 3825 BECK BOULEVARD SUITE 725 PRasue PRaEc fcr / p461 r. PS 309.01 NAPLES, FLORIDA J4114 DRAFTED BY: DATE I SCALE Mao NUMBER I SHEET f DRAWING N0. www2OSURVM COM CUM 14120191 N\A I 17-332 12 OF 2 1 1-08.9 GRAPHIC SCALE 0 10 20 40 ( IN FEET ) 1 inch = 20 ft Wo EX. EASEMENT OR. 1359 P0. 363 POW OF 11.50' N89'32'10 E 101.00' (M)— 89*32100E i POW OF W) u0,� .pp O b For the Exclusive Use Of: Collier County Board of County Commissioners David J. H att Digitally signed by David Y 1. Hyatt PSM 05834 PSM #5834 -04W 019.05.1013:39:18 David J. Hyatt, PSM, Florida License No. 5834 Not valid without the signature and original seal of the Florida licensed Professional Surveyor and Mopper Certificate of Authorization 17705. 6 N N CO; g N89-3210 20.00' Page 3 of '--" —�_ FLAMINGO ESTATES P.B. 10. PG. 34 i i ESTEY AVE. FLAMINGO DRIVE (55' R,/W) 11.50' 9*32'10'E O- �S NN 0 2 S89'32' 10'W 43.00' LOT 147 NG&TCLF No.2 PARCEL NO. 61844640005 O.R. 1047. PG. 1206 '�J�JEYING�3 v 9ro OC H ANRCO SURVEYING & MAPPING 3825 BECK BOULEVARD SUITE 725 NAPLES, FLORIDA 34114 (239) 369-0026 www.MARCOSURVEYS.COM r —T EX WOOff O.R 1971, PG. 1,M O O b 9 SKETCH & DESCRIPTION A Portion of Lot 147 NG&TC Little Farms No. 2 Collier County, Florida .NT I Collier County Board of County Commissioners ?,IECT f P461 1 SUB PRO✓ECT PS 309.02 V7ED BY.., DITE SCALE WO NUMBER SHEET / D;i NWNG NO. CMM 0412019 1' = 20' 1 17-333 I 1 of 2 1-092 Description "'r l of �_.�... Being a portion of Lot 147 of Naples Grove and Truck Co's Little Farms No. 2 as recorded in Plat Book 1 at Page 27 of the Public Records of Collier County, Florida. Being more particularly described as follows: COMMENCING at the northwest corner of Lot 147 of Naples Grove and Truck Co's Little Farms No. 2 as recorded in Plat Book 1 at Page 27 of the Public Records of Collier County, Florida; thence run North 89'32'10" East, along the northerly line of said Lot 147, for a distance of 101.00 feet to the POINT OF BEGINNING. Thence continue North 89'32'10" East, along said northerly line, for a distance of 11.50 feet to the Northwesterly corner of those lands described in Official Records Book 1359 at Pages 363 through 366 of the Public Records of Collier County, Florida; thence run South 00'27'50" East, along the westerly line of said described lands, for a distance of 20.00 feet; thence run North 89'32'10" East, along the southerly line of said described lands, for a distance of 20.00 feet; thence run North 00'27'50" West, along the easterly line of said described lands, for a distance of 20.00 feet to its intersection with the North line of said Lot 147; thence run North 89'32' 10" East, along the northerly line of said Lot 147, for a distance of 11.50 feet; thence run South 00'05'30" West, for a distance of 31.50 feet; thence run South 89'32'10" West, for a distance of 43.00 feet; thence run North 00'05'30" East, for a distance of 31.50 feet to the POINT OF BEGINNING. Containing 955 square feet or 0.22 acres more or less. NOTES 1. This is not a survey. 2. No easement search or abstracting was done by the surveyor and note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search. J. Unless otherwise indicated, all existing easements shown hereon are based on plat. 4. Not other persons or entities other than those listed as exclusive users may rely on this sketch & description. 5. All dimensions are in feet and decimals thereof, unless otherwise noted. 6. Subject to easements, reservations, and restrictions of record. yJ��EYrNG�3 SKETCH & DESCRIPTION -� A Portion of Lot 147 H NG&TC Little Farms No. 2 £ Collier County, Florida :tIT�� :21i2t.^ 'LhtWv MARCO SURVEYING et MAPPING CuEw Collier County Board of County Commissioners 3825 BECK BOULEVARD SURE 725 Raaa 1� P461 1 SUB PROJECT. PS 309.02 NARLES, FLORIDA 34114 DRAFTED BY: LUTE SCAL£ MU NUMBER SHEET J ORAM7NC N0. www2Au COSURv�MCOM CMM 0412019 N/A 17-333 2 of 2 1-092 ,