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Vineyards TCE & Util Esmt Donation AgmtPROJECT: Lift Station 108.00 Improvements PROJECT No.: 70046 FOLIO No.: 80672960006 and 80673560007 TEMPORARY CONSTRUCTION EASEMENT & UTILITY EASEMENT DONATION AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between VINEYARDS DEVELOPMENT CORPORATION, a Florida corporation, whose mailing address is 75 Vineyards Boulevard #500, Naples, Florida 34119, joined by THE VINEYARDS COMMUNITY ASSOCIATION, INC., a Florida non profit corporation, whose mailing address is 75 Vineyards Boulevard, Third Floor, Naples, Florida 34119 (hereinafter collectively 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 "County "), whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112; WHEREAS, County has requested that Owner convey to County a Temporary Construction Easement over, under, 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 "Temporary Easement Area "), for temporary staging and construction of utility facilities; and WHEREAS, County has requested that Owner convey a perpetual non - exclusive Utility Easement over, upon and across the lands described in Exhibit "B ", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Permanent Easement Area ") to County for the stated purpose of constructing, maintaining and operating utility facilities thereon, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Temporary Easement Area and the Permanent Easement Area 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 Temporary Easement Area and the Permanent Easement Area 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 Temporary Easement Area and the Permanent Easement Area via a Temporary Construction Easement and a Utility Easement to County at no cost to County, unless otherwise stated herein. 2. At the completion of construction, County shall install landscaping around the structures constructed within and upon the Permanent Easement Area, and other utility easement areas immediately adjacent thereto, to the reasonable satisfaction of Vineyards Development Corporation. Following installation, Owner shall be responsible for maintenance of the landscaping, and County shall be responsible for all repairs, maintenance, and related costs for its above - ground and in- ground infrastructure within the utility easement area. This provision shall survive Closing and is not deemed satisfied by the conveyance of the Temporary Construction Easement and the Utility Easement. 3. County has confirmed the ownership of the lands underlying the Easements to be granted pursuant hereto, and Owner and all its related entities make absolutely no representations with regard to same. County further agrees, subject to the limitations set forth in Section 768.28, Florida Statutes, to indemnify and hold harmless Owner and all its related entities from any claims whatsoever arising from the execution of the Easements. This provision shall survive Closing and is not deemed satisfied by the conveyance of Easements. 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. 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. The cost of a title commitment shall be paid by County. 6. 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. 7. Conveyance of the Temporary Easement Area and the Permanent 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. 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. [Signatures follow] IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the dates stated herein below. AS TO COUNTY: DATED: L l 2 ATTEST: DWIGHT E. BROCK, Clerk •,- .r - p- Clerk AS TO OWNit'R." DATED: I�-- WITNESSES: Name: UIQDAra- R),(.M (Print) Approved as to form and legal sufficiency: By. Jennifer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDk,.AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX -OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT <, Fred W. Coyle, Chairman VINEYARDS DEVELOPMENT CORPORATION, a Florida Profit Corporation By: Name: "V, G�2� (3a, e (Print or type) Title: � DATED: 4/1 l WITNESSES: /7�- Witness (Signature) Name: _! a �0� C N O c ef-') Name: Lim +/. f=t11L)Et \ (Print) Approved as to form and legal sufficiency: By: Je ifer B. White Assistant County Attorney VINEYARDS COMMUNITY ASSOCIATION, INC., a Florida Non Profit Corporation By 19 S21a - Name: Y " 11 L�\ eA S aA, {P�qt 6--S Title. � - w U d k EXHiEuT A LEGAL DESCRIPTION: (TEMPORARY CONSTRUCTION EASEMENT) A PORTION OF TRACT "P -3 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS ' FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF TRACT "P -3 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA, THENCE RUN N08 °01'34 "W, ALONG THE EAST LINE OF SAID TRACT "P -3" FOR A DISTANCE OF 28.04 FEET TO THE POINT OF BEGINNING; THENCE SBO °56'59 "W, FOR A DISTANCE OF 60.01 FEET; THENCE NOB °01'34 "W, FOR A DISTANCE OF 60.01 FEET; THENCE N80 °56'59 "E, FOR A DISTANCE OF 60.01 FEET TO A POINT ON THE AFOREMENTIONED EAST LINE OF TRACT "P -3 "; THENCE S08 °01'34 "E, ALONG SAID LINE FOR DISTANCE OF 60.01 FEET TO THE POINT OF BEGINNING. CONTAINING 3,601 SQUARE FEET OR 0.083 ACRES, MORE OR LESS, NOTES; 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT % -1", AS HAVING A PLATTED BEARING OF N87° 07'57" W. 2. THERE MAY BE EASEMENTS AND RESTRICTIONS OF RECORDS AND /OR PRIVATE AGREEMENTS NOT FURNISHED TO THIS SURVEYOR THAT MAY AFFECT PROPERTY RIGHTS AND /OR LAND USE RIGHTS OF THE LANDS SHOWN HEREON. 3, NO UNDERGROUND INSTALLATIONS, FOUNDATION FOOTINGS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS NOTED, 4, THIS SKETCH OF DESCRIPTION WAS PERFORMED IN ACCORDANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE. NTETRA TECH 10600 CHEVROLET WAY, SUITE 300 ESTERO, FL 33226 PHONE. (239) 390.1467 COWER COUNTY, FL SKETCH OF DESCRIPTIONS OF THE TEMPORARY CONSTRUCTION EASEMENT THE VINEYARDS UNIT ONE COLLIER COUNTY. FL iEAWRENCE E. JENKINS PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION fM5 64 TETRA TECH - LB 926 Project No.: 200.0846612002 Date: 12121111 Daatpmd 9y: GS SHEET 1 OF 2 Y 9 0 m 0 m v 0 7 m 0 :i a t �X 1ERT" A N ' f t t Z 0 15' 30' 60' rt 4 PARCEL: 80B73%0007 OWNER: V7 VINEYARDS DEV CORP t b TRACT P-3 t O THE VINEYARDS UNIT ONE b IPS 14, PG 67) i 4 EAST LINE OF Im TRACT'P -3" r {� '�a ,�{' m� f� F• Nn 33 Ji '��,g3�i %Y 3 t': T TEMPORARY t' T f§ , x ? r CONSTRUCTION EASEMENTs}fdu POINT OF b ��x BEGINNING ) PROPOSED LIFT mat €1u 3 1 STATION EASEMENT *.� L2 l POINT OF 1 t- COMMENCEMENT SE CORNER OF I )1 TRACT'P -3" SOUTH LINE OF ` "' ~ 15,00' uTIL1TY TRACT "P -3' i ` EpSEME" V t 4 PROPOSED LIFT L — STATION EASEMENT t t PARCEL: ` 80672980008 OWNER: PROCACCI ET AL, MICHAEL TRACT L -f ' DRAINAGE EASEMENT (LAKE) THE VINEYARDS UNIT ONE (P8 14, PG 67) LINE TABLE LINE# DIRECTION LENGTH L1 N8' 01' 34 "W 28.04' L2 S80' 5B' 59 "W 60.01' L3 N8' 01' 34 'W 60.01' L4 N80R 68'59'E 60.01' L5 SB'01'34'£ 60.01' t N COLLIER COUNTY, FL TETRA TECH SKETCH OF DESOMPTIONS Date: 12/21111 OF THE D,Wgn 1 Sr- CIS www.tetretechmm TEMPORARY CONSTRUCTION EASEMENT 10" CHEVROLET WAY, SUITE 3 SHEET 00 ESTERO. FL 83828 THE VINEYARDS UNIT ONE 2 OF 2 PHONE (239) 399 -107 COLLIER COUNTY, FL 1 1 t N COLLIER COUNTY, FL TETRA TECH SKETCH OF DESOMPTIONS Date: 12/21111 OF THE D,Wgn 1 Sr- CIS www.tetretechmm TEMPORARY CONSTRUCTION EASEMENT 10" CHEVROLET WAY, SUITE 3 SHEET 00 ESTERO. FL 83828 THE VINEYARDS UNIT ONE 2 OF 2 PHONE (239) 399 -107 COLLIER COUNTY, FL LEGAL DESCRIPTION: (LIFT STATION EASEMENT) A PORTION OF TRACT "P -3 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT "P -3 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA, THENCE RUN N87 °07'57 "W, ALONG THE SOUTH LINE OF SAID TRACT "P -3" FOR A DISTANCE OF 61.10 FEET; THENCE N08 °01'34 "W, FOR A DISTANCE OF 15.42 FEET; THENCE N80 °56'59 "E, FOR A DISTANCE OF 60.01 FEET TO A POINT ON THE EAST LINE OF SAID TRACT "P -3 "; THENCE S08 °01'34 "E, ALONG SAID LINE FORA DISTANCE OF 28.04 FEET TO THE POINT OF BEGINNING. CONTAINING 1,304 SQUARE FEET OR 0.030 ACRES, MORE OR LESS. NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT "L -1 ", AS HAVING A PLATTED BEARING OF N87° 07' 57" W. 2. THERE MAY BE EASEMENTS AND RESTRICTIONS OF RECORDS AND /OR PRIVATE AGREEMENTS NOT FURNISHED TO THIS SURVEYOR THAT MAY AFFECT PROPERTY RIGHTS AND /OR LAND USE RIGHTS OF THE LANDS SHOWN HEREON, 3. NO UNDERGROUND INSTALLATIONS, FOUNDATION FOOTINGS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS NOTED. 4. THIS SKETCH OF DESCRIPTION WAS PERFORMED IN ACCORDANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE. TWrRA TECH 19800 CHEVROLET WAY, SUITE 3e9 ESTAO. FL 33928 PRONE: (238) 390.1A87 COLLIER COUNTY, R SKETCH OF OESCRIPTIONS OF THE LIFT STATION EASEMENT THE VINEYARDS UNIT ONE COLLIER COUNTY, FL LAWRENCE E. JEtvKINS :OFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #5364 TETRA TECH - LB #26 Project No.: 2W- 08486.12002 Dale: 12121111 D-W*d By CIS SHEET 1 OF 2 Y U ci ci V O 9 d r i N � 0 15' 30' 60' 1 PARCEL: 80673580007 OWNER: THE VINEYARDS DEVELOPMENT CORP TRACT P -3 THE VINEYARDS UNIT ONE ' (PO 14, PG 67) 1� PROPOSED TEMPORARY / { CONSTRUCTION ✓✓ { FA4EMFNT { LIFT STATION EASEMENT SOUTH LINE OF TRACT "P -3" EX BJT J� G Z -t X1 /A r t fn ,,r �1 EAST LINE OF I TRACT "P -3' 1 1 POINT OF BEGINNING SE CORNER OF L TRACT'P -3" tmuTY EMEN'T 41 PG 67) { { PROPOSED LIFT i STATION EASEMENT t i 1 PARCEL: 80672960006 OWNER: ` THE VINEYARDS DEVELOPMENT CORP LINE TABLE LINE # DIRECTION -9487'07"57-W LENGTH L1 61.10' L2 NB' 01'34"W 15AT L3 NOD' S6' 59"E 50.01' L4 I SB' 01' 34 "E 1 28.04' QTETRA TECH 10W CHEVROLET kVAY. SUITE 300 ESTERO. FL 339228 P1K)NE. (2341390 -1487 TRACT L -1 �1t DRAINAGE EASEMENT (LAKE) ! THE VINEYARDS UNIT ONE (PS 14, PG 67) t l COLLIER COUNTY, FL SKETCH OF DESCRIPTIONS OF THE LIFT STATION EASEMENT THE VINEYARDS UNIT ONE COLLIER COUNTY, FL No.: 200.99488 -52002 12I21J11 I By: Ct5 SHEET 2OF2 ar Measures I iam 5 c z y EXHIENT B LEGAL DESCRIPTION: (LIFT STATION EASEMENT) A PORTION OF TRACT "L -1 ", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT "L -1", THE VINEYARDS UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN COLLIER COUNTY, FLORIDA; SAID POINT BEING THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 760.00 FEET AND A CENTRAL ANGLE OF 02 °15'42 ", A CHORD BEARING OF S09 °09'25 "E A CHORD LENGTH OF 30.00 FEET, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND THE EAST LINE OF SAID TRACT "L -1" FOR A DISTANCE OF 30.00 FEET; THENCE S79 °42'44 "W, FOR A DISTANCE OF 30.00 FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 790.00 FEET AND A CENTRAL ANGLE OF 02 °31'38 ", A CHORD BEARING OF N09 °01'27 "W A CHORD LENGTH OF 34.84 FEET, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 34.84 FEET; THENCE S81 °58'26 "W, FOR A DISTANCE OF 30.01 FEET; THENCE N08 °01'34 "W, FOR A DISTANCE OF 7.89 FEET TO A POINT ON THE NORTH LINE OF THE AFOREMENTIONED TRACT "L -1'; THENCE S87 °07'57 "E, ALONG SAID LINE FOR A DISTANCE OF 61.10 FEET TO THE POINT OF BEGINNING. CONTAINING 1,155 SQUARE FEET OR 0.027 ACRES, MORE OR LESS. NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT "L -1 ", AS HAVING A PLATTED BEARING OF N87" 07'57" W. 2. THERE MAY BE EASEMENTS AND RESTRICTIONS OF RECORDS AND /OR PRIVATE AGREEMENTS NOT FURNISHED TO THIS SURVEYOR THAT MAY AFFECT PROPERTY RIGHTS AND /OR LAND USE RIGHTS OF THE LANDS SHOWN HEREON. 3. NO UNDERGROUND INSTALLATIONS, FOUNDATION FOOTINGS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS NOTED, 4. THIS SKETCH OF DESCRIPTION WAS PERFORMED IN ACCORDANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE. n TETRA TECH 10500 CHEvAGLET WAY, SUITE 300 E5TER0 FL33928 NE PHO (2391390-1487 COWER COUNTY. FL SKETCH OF DESCRIPTIONS OF THE LIFT STATION EASEMENT THE VINEYARDS UNIT ONE COLLIER COUNTY, FL LAWRENCE E. JENKINS PROFESS IONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION 9A354 TETRA TECH - LB 926 "Ott No.: 200- M4W12002 Dow, 1-vv Ns4n6d 9Y: CIS SHEET 1 OF 2 0 QV K d N'd i ro O N J 1 i V 1 0 15' 30' 60' PARCEL 1 80873580007 OWNER: THE VINEYARDS DEVELOPMENT CORP TRACT P -3 THE VINEYARDS UNIT ONE (PB 14, PG 87) fj } l PROPOSED TEMPORARY �} CONSTRUCTION EASEMENT } 111 ( t I } PROPOSED LIFT i STATION EASEMENT 4 } NORTH LINE OF TRACT'L -1" LINE TABLE LINE # DIRECTION I LENGTH Li 379" 42' 44"W 30.00' L2 581' 88' 26"W 30.01' L3 N8' 01'34"W 7.89' L4 S87" 07'57 "E 81.10' Tit: I d �4 1 � V• b 10 r V 1 POINT OF FaF[:IMINAI y .OF 1• EASEMENT PARCEL: 80872980008 OWNER: THE VINEYARDS DEVELOPMENT CORP TRACT L -1 DRAINAGE EASEMENT (LAKE) THE VINEYARDS UNIT ONE (PS 14, PG 87) CURVE TABLE CURVE 0 RADIUS DELTA LENGTH CHORD BEARING I CHORD Cl 780.00' 2' 75' 42° 30.00- 39" 0=25"E30.01 C3 790.00' 2" 31' 38' 34.84' N9° 0 n TETRA TECH IM(XI CHEVROLET WAY, SUITE 390 ESTERO, FL 33928 PHONE: (238) 390.11137 COWER COUNTY, FL SKETCH OF DESCRIPTIONS OF THE LIFT STATION EASEMENT THE VINEYARDS UNIT ONE COLLIER COUNTY, FL l i t 1 Project N9.: 20"BW -12002 Date: 12!21111 Doolgrod By: CIS SHEET 2 OF 2