Shepherd of the Glades Donation AgreementPROJECT: Reclaimed Water ROW Meter - Shepherd of the Glades Lutheran Church
FOLIO No.: 00419320009
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement')
is made and entered into by and between SHEPHERD OF THE GLADES LUTHERAN
CHURCH, INC., a Florida Non Profit Corporation, whose mailing address is 6020
Rattlesnake Hammock Road, Naples, Florida, 34113 -2913, (hereinafter 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, a
Political Subdivision of the State of Florida, (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 utility easement for the purpose of access, installation, and maintenance of
reclaimed water facilities and other utility appurtenances over, under, upon and across the
lands described in Exhibit "A" (said utility easement hereinafter referred to as the "Property "),
which is attached hereto and made a part of this Agreement;
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. County will be responsible for all repairs, maintenance, and related costs for its
above - ground and in- ground infrastructure within the easement area. This provision shall
survive Closing and is not deemed satisfied by the conveyance of Easement.
3. 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.
1
PROJECT: Reclaimed Water ROW Meter - Shepherd of the Glades Lutheran Church
FOLIO No.: 00419320009
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. 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.
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 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. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
(This space intentionally left blank)
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PROJECT: Reclaimed Water ROW Meter - Shepherd of the Glades Lutheran Church
FOLIO No.: 00419320009
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates
hereinafter stated.
AS TO COUNTY:
DATED: /yl%i i' 31 , 2012--
ATTEST:
DWIGHT E. BROCK, Clerk
er Clerk
AS TO OWNER:
DATED:
WITNESSES:
i
Witness (Signature)
Name: V 1445 11, t,
(Print)
Witness ( Signature)
Name:
(Print)
Approved as to form and
legal sufficiency:
By:
Jenne r B. White
Assistant County Attorney
BOARD OF COUNTY COMMIS:3' gi4ERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF- `COWER
COUNTY AND AS EX- OFFIGIaTHE
GOVERNING BOARD OF THE CQLLIER
COUNTY WATER-SEWER DISrT CT
By' a a au catti���'`r
Fred W. Coyle, Chairman
SHEPHERD OF THE GLADES
LUTHERAN CHURCH, INC., a Florida Non Profit
Corporation
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171116
20121
POINT OF COMMENCEMENT
RATTLESNAKE HAMMOCK ROAD
COUNTY ROAD 864 (100' RIGHT OF WAY)
SKETCH AND DEISCRPnox
(UTILITY EASEMENT)
LOCATED IN THE SOUTHWEST 1/4 OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. BEARINGS ARE ASSUMED AND BASED ON THE WEST LINE OF
SECTION 16, BEING, NORTH 00 °02'54" WEST.
3. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
SOUTH LINE
MARCUS L. BERMAN, P.S.M.
FLORIDA SURVEYOR & MAPPER LS 5086
COLLIER COUNTY SURVEYOR
COLLIER COUNTY
Engineering Services Dept. Growth Management Division
Planning and Regulation
2800 North Horseshoe Drive, Naples Florida 34104
Phone: 239 - 252 -6885 Fax 239 - 252 -6476 FIELD BOOK 4, PAGE 46,48
Date:
2 -27 -12
SCALE:
No:
1" — 10' I GLADES CHURCHE 1 2012 -003
H: \Planning and Regulation \Engineering Department \Engineering Folders \ACAD SURVEY DRAWINGS \IQ Meters \2012- 003.dwg, 317/2012 7:22:08 AM
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DESCRIPTION
o ALL THAT PART OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
o FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
°o COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16;
z THENCE ALONG THE WEST LINE OF SAID SECTION 16, NORTH 00 °02'54"
WEST 94.00
FEET;
THENCE LEAVING SAID LINE NORTH 89 °57'06" EAST 67.50 FEET TO
THE WEST LINE OF
PARCEL 101 (TEMPORARY CONSTRUCTION EASEMENT) AS RECORDED
IN OFFICIAL RECORDS
BOOK 4333, PAGES 3761 THROUGH 3762 OF THE PUBLIC RECORDS
OF COLLIER COUNTY,
FLORIDA AND THE POINT OF BEGINNING OF THE UTILITY EASEMENT HEREIN DESCRIBED;
THENCE ALONG SAID WEST LINE, NORTH 00 °02'54" WEST 3.00 FEET;
THENCE LEAVING SAID LINE NORTH 89 °57'06" EAST 3.00 FEET;
THENCE SOUTH 00 °02'54 "EAST 5.98 FEET TO A POINT ON THE
NORTHEASTERLY LINE
OF A RIGHT OF WAY RECORDED IN OFFICIAL RECORD BOOK 4333, PAGES 3754 0
THROUGH 3757 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; o
THENCE ALONG SAID LINE NORTH 45 °15'54" WEST 4.23 FEET TO THE WEST LINE OF '
SAID PARCEL 101 AND THE POINT OF BEGINNING OF THE UTILITY EASEMENT HEREIN
DESCRIBED.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
EASEMENT CONTAINS 13.5 SQUARE FEET MORE OR LESS.
171116
20121
POINT OF COMMENCEMENT
RATTLESNAKE HAMMOCK ROAD
COUNTY ROAD 864 (100' RIGHT OF WAY)
SKETCH AND DEISCRPnox
(UTILITY EASEMENT)
LOCATED IN THE SOUTHWEST 1/4 OF SECTION 16,
TOWNSHIP 50 SOUTH, RANGE 26 EAST
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. BEARINGS ARE ASSUMED AND BASED ON THE WEST LINE OF
SECTION 16, BEING, NORTH 00 °02'54" WEST.
3. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
SOUTH LINE
MARCUS L. BERMAN, P.S.M.
FLORIDA SURVEYOR & MAPPER LS 5086
COLLIER COUNTY SURVEYOR
COLLIER COUNTY
Engineering Services Dept. Growth Management Division
Planning and Regulation
2800 North Horseshoe Drive, Naples Florida 34104
Phone: 239 - 252 -6885 Fax 239 - 252 -6476 FIELD BOOK 4, PAGE 46,48
Date:
2 -27 -12
SCALE:
No:
1" — 10' I GLADES CHURCHE 1 2012 -003
H: \Planning and Regulation \Engineering Department \Engineering Folders \ACAD SURVEY DRAWINGS \IQ Meters \2012- 003.dwg, 317/2012 7:22:08 AM
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