Regal Acres Donation Agreement
PROJECT: Regal AcreslWest Wind Water Distribution Loop
FOLIOS 69060901944 & 69060901960
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a
Florida non-profit corporation (hereinafter referred to as "Owner"), whose mailing address is
11145 Tamiami Trail East, Naples, FL 34113, 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;
WHEREAS, County requires a Temporary Construction Easement over, under, upon,
through and across the lands described in Exhibit "A" attached hereto and made a part of this
Agreement, (hereinafter referred to as the "Temporary Easement Area") for temporary staging
and construction of utility facilities; and
WHEREAS, County requires a perpetual non-exclusive Utility Easement over, under,
upon, through and across the lands described in Exhibit "B" attached hereto and made a part of
this Agreement, (hereinafter referred to as the "Permanent Easement Area") for purposes of
constructing, operating, maintaining and accessing utility facilities within said Permanent
Easement Area; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Temporary Easement Area and the Permanent Easement Area (hereinafter collectively referred
to as the "Property") to 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;
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 are
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey the Temporary Easement Area via a Temporary Construction
Easement to County at no cost to County, unless otherwise stated herein
2. Owner shall convey the Permanent Easement Area via a Utility Easement to County at no
cost to the County, unless otherwise stated herein.
3. Closing shall occur within sixty (60) days from the date the County executes this
Agreement; provided however, that the County shall have the unilateral right to extend the term
of this Agreement.
4. Owner agrees to convey the Property for the purpose of accessing, staging, constructing,
operating and maintaining utility facilities upon the Property. Upon completion of construction,
the County shall restore the surface of the Temporary Easement Area to the condition existing
prior to the commencement of construction.
5. Owner is aware of and understands that this Agreement is subject to acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
6. 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 County; that 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
County; that 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.
7. County shall pay for all costs of recording the Temporary Construction Easement and the
Utility Easement in the Public Records of Collier County, Florida. All other costs associated
with this transaction shall be borne and 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 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 herein; 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
10. 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.
AS TO COUNTY:
DATED :J. /~ /2/)/1
ATJ;Iil:Jt ~:i;~i '.
QW1G~l'rE.~OCK, Clerk
cfJd'2~'t?~
~.~~. e~it',J4~;@p~I~.
. i9AAtlirt OIl. ~.
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
By:
'.1 r. ,i (,
fl_~_~) (p<..~~
FR~D W. COYLE , ~hali- an
AS TO OWNER
DATED: 1-- =) -\ \
.
HABITAT FOR HUMANITY OF COLLIER
COLLIER COUNTY, INC.,
a Florida non-profit corporation
ss (Signa ur )
Name~\0 'I fA. l.Mntt
(Print or Type)
:f::~~
Name ~~ "3-~?D,v
(Print or Type)
BY~~~
Nick K loheras, Vice President
Approved as to form and
legal sufficiency:
1':.-()lJ~
i::J Jennifer B. White
Assistant County Attorney
EXHIBIT A
Page I of 2-
[Q)~~~~~~u~(Q)[M
30 FOOT WIDE TEMPORARY COUNTY UTILITY EASEMENT
FOR CONSTRUCTION
COMMENCING A TTHE SOUTHWEST CORNER OF "REGAL ACRES' IN PLAT BOOK 49, PAGES 87
THROUGH 90 IN THE PUBLIC RECORDS OF COLLIER COUNTY SAID POINT BEING ON THE WEST
LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTH
AND RANGE 26 EAST AND RUNNING ALONG THIS LINE AND THE REAR LINE OF LOT 90 OF
'REGAL ACRES', NORTH 00033'00'EAST, A DISTANCE OF 52.72 FEET TO THE POINT OF
BEGINNING OF A 30 FOOT WIDE TEMPORARY COUNTY UTILITY EASEMENT FOR
CONSTRUCTION; THENCE
FROM SAID POINT OF BEGINNING AND ALONG THE SAID LINE NORTH 00033'00" EAST, A
DISTANCE OF 30.00 FEET; THENCE LEAVING THE SAID LINE AND EXTENDING OVER LOT 90,
SOUTH 89053'53' EAST, A DISTANCE OF 63.80 FEET; THENCE CONTINUING OVER LOT 90,
NORTH 46014'59' EAST, A DISTANCE OF 108.51 FEET TO A POINT ON A CURVE ON THE
SOUTHWESTERLY LINE OF MAJESTIC CIRCLE (TRACT R-1) (60 FEET WIDE); THENCE ALONG A
NON-TANGENTIAL CURVE TO THE LEFT, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
85.00 FEET, AN ARC LENGTH OF 30.16 FEET, HAVING A CHORD BEARING SOUTH 44043'11' EAST
AND A CHORD DISTANCE OF 30.00 FEET TO A POINT ON THE FRONT LINE OF LOT 91, 'REGAL
ACRES" THENCE LEAVING THE SAID LINE OF MAJESTIC CIRCLE AND EXTENDING OVER LOT 91,
SOUTH 46014'59' WEST, A DISTANCE OF 121.10 FEET TO A POINT; THENCE CONTINUING OVER
LOT 91 AND OVER LOT 90, NORTH 89053'53' WEST, THE DISTANCE OF 76.11 FEET TO THE POINT
AND PLACE OF BEGINNING.
CONTAINING, 5515.5 SQUARE FEET OF LAND.
BEARING ARE BASED ON THE PLAT OF 'REGAL ACRES' IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, IN PLAT BOOK 49, PAGES 87-90
,
" : 'i,
"
,
:1 i
.
[110 I J I 'il/,i,
I'
.
,',
I ....
.;" .
COLLIER COUNTY 30' WIDE TEMPORARY C.U.E.
Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North Horseshoe Drive, Naples Florida 34104
Phone: 239-252-6885 Fax 239-252-6476
Date: Project No: File: SCALE:
12-16-2010 201069
REGAL LEGAL
NONE
~1HJ~~1 ~ <QJ!F ~
REVISED JAN. 18, 2011, CORRECT PROPERTY LINE BEARING
4A
~o
~~I
x~
wA"
~
~
=
[}=
@"
=
[Qb
g
@'iJ
IillJ]
(Q)
~
~
~---
~~-
~~
~~
g~-
g'"'
~
~
[}=
db
g
[}=
IillJ]
~
w
0\
00
f-
o
...J
W
.....I
\J OJ
^' ::;
~ ti
H c
\J ... ~
, w'
a.::;
\J It ~
t: <-,
V) ~::!
w uf
...., c
"< {
:E
I
I
/ I
/ /
/ !U
/- ;..,
, ~
::l ;.,
~8\Dia
~ ."""!lh~
N~~ 1111
,!\ B fli5
'\"
\
\
\
oj
o
~'" 0;
o:i
...i
~ ~
c
....
\
\
\
i
c
....
\-
\-
'"
u."'~-lll
0- ,
win ~
~~~~
~~ww
wwi"'"
i"i"l5~
5l~
Wo
Cz
~
~
~
W
~
~E"
~ m ~ a
~ ! ~ ~
~ ~ 8 E
IXlc=
!f i5
~
z
o
u
II I !
j!hll!lIh I
!!mhmi I
~ B~~~~~~~~~~I
~
10
0\
f-
o
...J
v
0\
f-
o
...J
(Y)
0\
f-
o
...J
N
0\
f-
o
...J
"
"
~
,OO'OE
3,OO,EEoOON
w
Z
"<
I .....I u! ~
l(tj ~\. ~$'I
I ~ ~~""
w iil~
:E ri
H d
.....I
'"
N
III
,00'09
I'
II
II
II
-I
I II
I I
I II
I I
I II
I
I III
I III
II
"
I
0;1
. ~ I
'" '"
~ ~
~ g
ai~
'::>
Ou
..:~
~
t!:!
~
z
o ~
('I') 00
U II ~
'jj ::;
<Zl ..-
~
W
Q.
~
.....J Q.
c( t;
ffi ~
.....J 0::
.....J 0
c( t,)
(!) ::
u w ~
:;:l .....
~ ..... 00
-
l::
o
"en
u..i ">
::ii::l
v_
~ as
~ E
o Q)
a. C)
:e co
~ 16 ;g
~:::E :;
~..l:: '"
- ~ ]
o 0 0'0
(Y) (5 ~i
. ~,
_ _N
c.. l:: g. ;!l ~
Q)oz' -,
~ '<<; ~~ ~ 0) @
~ .- 5> 8 ~ g :g ~
z2:Q)8",l'!oO::
=> ,~ c::: ~ gg ;: N
a v~"'C "'0
o C)l:: ~N 0
c::: '2 co :Ii ~ ..-
wQ)g>fl~ ~
- Q).- 0 N ,
....J l:: l:: Z .. ......
-.J -- c: (1) 0r-
a g>co8El ~ '
owc..~fo~
~~
ffil~
j2,li
0"'''-
lu~~
~'"
<..i w~
~lil~~
/<
/f.~
J'~ "{>. '\"
"', 1'1'..
,
,
,
,
,
,
,
,
,
...
0\
, f-
. , 0
0", , ...J
~o. ~"~' ...
~ ~"' rfJ "6:
1c-J G~ ,,,, ,(I,'..
ci . .,~
,\f;~ . .~~
,~'\" "
o ~~..~, ~. · . ",
0\ 0.lJs?" ~
b '~<l: I
...J '(1,'..,,1.
\ OJl." I:::
, -",' I";
I ,....
~I ~
~i i ~ I I I
~- ~-~~II
l"1 I~ '\"
-yn- ---t~- ...1,,1
-~-r-- --fln- - ~
-'f- --f~- -
I I ,ZL'ZS 3,.oo,EEoOON
o
~
~
....:l
<r: ~
u
lfJ
..J
.....
@\!]
I1Jb
(QJ
@\!]
[}=
IlJ1I]
IlJ1I]
db
W
,",0
0<'"
0<
r.. II
2:i .Q
u
'-" .s
u g
>-<
::r:
p.,
<r:
~
o
o
~
EXHIBIT l3
"'lllgl I of 2-
[Q)~~~~~~lJ~(Q)[M
20 FOOT WIDE COUNTY UTILITY EASEMENT (C.U,E)
COMMENCING AT THE SOUTHWEST CORNER OF 'REGAL ACRES' IN PLAT BOOK 49, PAGES 87
THROUGH 90 IN THE PUBLIC RECORDS OF COLLIER COUNTY SAID POINT BEING ON THE WEST
LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTH
AND RANGE 26 EAST AND RUNNING ALONG THIS LINE AND THE REAR LINE OF LOT 90 OF
'REGAL ACRES', NORTH 00033'00"EAST, A DISTANCE OF 57.72 FEET TO THE POINT OF
BEGINNING OF A 20 FOOT WIDE COUNTY UTILITY EASEMENT (C.U.E.); THENCE
FROM SAID POINT OF BEGINNING AND ALONG THE SAID LINE NORTH 00033'00' EAST, A
DISTANCE OF 20.00 FEET; THENCE LEAVING THE SAID LINE AND EXTENDING OVER LOT 90,
SOUTH 89053'53" EAST, A DISTANCE OF 65.85 FEET; THENCE CONTINUING OVER LOT 90,
NORTH 46014'59' EAST, A DISTANCE OF 109.87' FEET TO A POINT ON A CURVE ON THE
SOUTHWESTERLY LINE OF MAJESTIC CIRCLE (TRACT R-1) (60 FEET WIDE); THENCE ALONG A
NON-TANGENTIAL CURVE TO THE LEFT, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
85.00 FEET, AN ARC LENGTH OF 20.05 FEET, HAVING A CHORD BEARING SOUTH 44042'41' EAST
ANDA CHORD DISTANCE OF 20.00 FEET TO A POINT ON THE FRONT LINE OF LOT 91, 'REGAL
ACRES" THENCE LEAVING THE SAID LINE OF MAJESTIC CIRCLE AND EXTENDING OVER LOT 91,
SOUTH 46014'59" WEST, A DISTANCE OF 118.25 FEET TO A POINT; THENCE CONTINUING OVER
LOT 91 AND OVER LOT 90, NORTH 89053'53" WEST, THE DISTANCE OF 74.06 FEET TO THE POINT
AND PLACE OF BEGINNING.
CONTAINING, 3671.7 SQUARE FEET OF LAND.
BEARINGS ARE BASE ON THE PLAT OF 'REGAL ACRES'IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, IN PLAT BOOK 49, PAGES 87-90.
\\'\
'J'
0,:
TU 11\3("
'i)
:_~,j/
)
c
y,.1
\'"
COLLIER COUNTY 20' WIDE COUNTY UTILITY EASEMENT
Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North Horseshoe Drive, Naples Florida 34104
Phone: 239-252-6885 Fax 239-252-6476
Date: Project No: File: SCALE:
12-16-2010 201069
REGAL LEGAL
NONE
~1HJ~~1 ~ <QJ!F ~
REVISED JAN. 18,2011, CORRECT PROPERTY LINE BEARING
~
Q)
=
[}=
[Q1,
=
[Qb
g
rt!l1J
[illi]
(Q)
~
~'""'
~~
[Q1, ~-
~~
Q)I-
g~
g
~
Q)
[}=
~
g
[}=
[illi]
~
rt!l1J
~\~\
1-'0
~~I
:r:Q)
Xg>
Wa..
".s',..
'-"'I'I'
'\. .~ ~
'<"",:.. .tl',. '\.
~I' '\. .
'\. 00
~i,orji >......
, ~ \,"'
0'
'!€
'\.~"./'
'\. " o~
'\. '\
~'"
.,,~~ ~
.."... ~.t
I; ~I I" I I I
\ .~ -l ~ L ~ ~ II
\ w ~~__~
-\== =~4 - -~=- -
~ Z
III ,U'l5
W
-J ;;r
U ~
a. u
H ~
\J~uf
~'
~It~
J- < ,
V') ~ ::!
W ~
~ l
:E
I
I ~ I
Ip..
~
~
~
..,.
, N
Ii)! ..,.'"
f;l8ig3:~
o . "cJJN
~~~1I11
" " '''''is
OlX...JU
/ I
/ /
/
/
/'
\
\
\
0\
00 <9
I- Cl
9 ~ ~
~ ~
\
\
o
...
""!(l
~~I~~
:J ~~
t; !lEi
~"'~~
~~15~
III I I
!'hIMIIlI
..lill!!!!!!!
~ ~~oj~"ei~~~a~1
(j U..l""<
~ -
I
I
I II
I II
I II
I III
I ,I I /
II
1]'1
]]
I
10
0\
I-
9
"'"
0\
I-
o
-I
o
~
M
0\
I-
9
l\J
0\
I-
o
-I
'-..
'-..~
...
0\
I-
9
g
I-
o
-I
,OO'OZ
3,OO,EEoOON
~g
Oz
~
~
;: W ~
~ Z ~
~ '" ~ .~
~~~I-J ~'"
OlllziIl >>u~'1
~ ~~!;; I W~\~;""
~~Zl!:I~ ~
~8 ~ W 5lill
~<! ~
Z -J
8
Ii
d
II
II
II
II
'-..
I
.1
..,
~ ~ I
~ ~
;n
~
'w
co.
.::>
Ou
o.:~
i
,00.09
Cl
z
c b ~
I- 0 C") lD
Z "en 0; II w
w "> 01 _ ~
::e . CJ.. -'
we", ...... >-
III ..... !::
~ c W
~ ~Q) l5
!::l ...J 8:
I=g> <t;
::lc <5 ffi!!;
~ CO _ ...J 0
z:: ~ ...J U
::l.c:.I!J ~:::
W8 ~ 'g ~ ;; w ~
"- ~....:-= 0::: ~
0",\ "'.... ~
t:< '-" !'l.
~....; -a&:j ~...,'
. a. c: d'~
o Q)ozO\ 0 0) fi:l
NC1;;1!~~co(l)
Q) - .!': ~ " ~o ?;
~ ,2 5, Q.... t O!:
~ ~~~gg N
OCf)"C~'9 0
C)c o~ 'I"""
U cco:I:", 0
e:::: 'C c> oS ~ <i'I
WQ)clS", co
- ~ 'c Z 0; ......
:::l '0, c 8 El ~ N
8afj~~lfQ"""
-
"
<:>,)
-
---
~
" . .:0
~ Ul_
~a:'
" w
;'." , ':::E n.
' , ~
,i ',,,,.
~., ZVJo
~.' ~ ~~i
\., r "8
'\ \ .',
'\' , -<"'
:.', " ~
'"..-...... ~
. 0
.J
U.
"
,';"
..
!~
ffim;
ili, '"
0'" .
UI~!
. w~
~&l~~
0
w
I:iI ~
.....:1 2
~ ~
U Ib!!"
\f) (Q)
u ~
>--<
::r:: tll
P.,
~ ~ IYYI
~ ~
0 w