Wing South UAE Donation Agreement Project: PUD-Fence to Fence Group II/Pump Station Rehabilitation/L.S. 302.56
Folio: 82940000007
UTILITY AND ACCESS EASEMENT DONATION AGREEMENT
THIS UTILITY AND ACCESS EASEMENT DONATION AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this / day of
p�'m�.r' , 2012 by and between WING SOUTH, INC, a not for profit Florida
corporation formerly known as Wing South Airpark Private Villas, Inc., successor in interest to
Wing South Development, LTD (hereinafter referred to as "Owner"), whose mailing address is
do Collier Financial, Inc., 4985 Tamiami Trail East, Naples, Florida 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 "CCWSD"), whose
mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112;
0
WHEREAS, CCWSD requires a perpetual non-exclusive Utility and Access Easement
over, upon, through and across the lands described in Exhibit "A", which is attached hereto and
made a part of this Agreement, (hereinafter referred to as the "Easement") for purposes of
constructing, operating and maintaining access, infrastructure and improvements necessary to
to CCWSD's utility facilities; and
WHEREAS, Owner desires to convey a Utility and Access Easement over the Easement
Area to CCWSD for the stated purposes, on the terms and conditions set forth herein; 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 are
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey the Easement via a Utility and Access Easement to CCWSD at no
cost to CCWSD, unless otherwise stated herein.
2. Closing shall occur within sixty (60) days from the date CCWSD executes this Agreement;
provided however, that CCWSD shall have the unilateral right to extend the term of this
Agreement.
3. Owner agrees to convey the Easement for the purpose of accessing staging,
constructing, operating and maintaining utility facilities on lands within the Property. CCWSD
shall restore the surface of any lands disturbed within the Easement after construction has been
completed.
4. 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.
5. Owner represents that the Easement and all uses of the Easement 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 Easement
except as specifically disclosed to CCWSD; that the Owner has no knowledge of any spill or
environmental law violation on any property contiguous to or in the vicinity of the Easement to
be conveyed to CCWSD; that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Easement b) any existing or threatened environmental lien
against the Easement or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Easement.
6. CCWSD shall pay for all costs of recording the Utility and Access Easement in the Public
Records of Collier County, Florida. All other costs associated with this transaction shall be
borne and paid by CCWSD.
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 assignees whenever the context so requires or admits.
8. Conveyance of the Easement 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.
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9. 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 on this f�7
day of ..SGfirr,1er , 2012.
AS TO CCWSD:
DATED: CT"f6"
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODYQF COLLIER
COUNTY AND AS EX-OF1 }CfO THE
GOVERNING BOARD OF T%rg COLLIER ,>
COUNTY WATER-SEWER DIgTRJ T„„,,v.0'�
By: -
w.
CP"3'.4
' s pint;Clerk
t! t0 � Fred W. Coyle, Chairman
�•w �
9 .terse t- ' 3
r
ASTOOWNtR:
DATED:c:,)0 C2l.�(t./S"fabla.
WING SOUTH, INC., a not for profit
Florida corporation formerly known as
Witness (Signature) • Wing South Airpark Private Villas, Inc.,
�� successor in interest to Wing South
Name:�cc..�i �C,I7 e re{0 Development, LTD
(Print or Type)
gy;
Wit i. ( iat 1.)
ame: 1Tm e 5 \k/ Esc ),
L7 ./ 1)1) t,•
(Print ory pe) I Title: V I C e
Approved as to form&legal sufficiency
ed,! )
Assist County mey
Emile R. Pepin
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\ 0T A SURVEY
LEGAL DESCRIPTION AND .SKETCH.''S-I.IEET 1 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTI❑NI .:` 'i'
ACCESS EASEMENT`' '
.,.•�1� CLIENTI COLLIER COUNTY< :C ` �,
uu■ GNOLI . • •1,
Now
iiiii■ ARBER & BY,1:'A'p
2( CLS M
�RUNDAGE,INC. CE❑f ,,HACKNEY- P,S,M;N 5606
Professional engineers, planners, & lend surveyors SCALE . r....-=--.10-v., DATE' "26 S.EP, 2011
Collier County: Suite 200. 7400 T.ml•ml Trail, North; Naples, FL 34128 (941)597-3111
C.rtlllc•t. of Authorization No.. Li 3664 and 52 3664 Fax: (941)566-2203 DRAWN -BY1 VA PRQJECT N :1' 10-L0109
ACAD N❑' 10633-SD '.-FILE NO1 10633
EXHIFPage____0(
LEGAL DESCRIPTION AN ACCESS EASEMENT LYING IN WING
SOUTH PRIVATE VILLAS, UNIT 1, A CONDOMINIUM, AS RECORDED
IN CONDOMINIUM BOOK 4 PAGE 46, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF THE REPLAT
OF SHADOWWOOD PARK RECORDED IN PLAT BOOK 25 PAGE 95
PUBLIC RECORDS OF COLLIER COUNTY FLORIDA;
THENCE NORTH 62°17'59" EAST ALONG A NORTHEASTERLY
PROLONGATION OF THE NORTHEASTERLY LINE OF SAID PLAT A
DISTANCE OF 30.00 FEET TO THE CENTERLINE OF THE PAVEMENT
AND AN INTERSECTION WITH THE ARC OF A NON-TANGENT
CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS
SOUTH 62°17'59" WEST A DISTANCE OF 250.00 FEET AND THE POINT
OF BEGINNING OF THE CENTERLINE OF A 20 FOOT WIDE
EASEMENT LYING 10 FEET ON EACH SIDE OF THE CENTERLINE
DESCRIBED IN THE FOLLOWING THREE COURSES;
THENCE NORTHWESTERLY AND WESTERLY ALONG THE
CENTERLINE OF SAID PAVEMENT AND ALONG THE ARC OF SAID
NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 62°36'46"
AN ARC DISTANCE OF 273.20 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 89°41'13"
WEST A DISTANCE OF 500.00 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE NORTH 00°18'47"
WEST A DISTANCE OF 502.14 FEET TO POINT "A";
THENCE BEGINNING AT POINT "A" NORTH 89°41'13" EAST ALONG
THE CENTERLINE OF A 30 FOOT WIDE EASEMENT LYING 15 FEET
ON EACH SIDE OF SAID CENTERLINE A DISTANCE OF 24.42 FEET TO
AN INTERSECTION WITH A SANITARY SEWER EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 2737 PAGES 1733-1738
AND THE POINT OF TERMINUS OF THE CENTERLINE HEREIN
DESCRIBED;
CONTAINING 0.60 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
ABSTRACT NOT REVIEWED.
NOT A SURVEY
LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION% ACCESS EASEMENT
am CLIENT% COLLIER COUNTY
•■•• GNOLI
•▪.... RLVISILIN%
■•••■ ARBER Sc
RUNDAGE,INC.
Professional engineers, planners, & land surveyors SCALE' 1' = 100' DATE' 26 SEP. 2011
Collier Couoty, Suite 208, 7400 Tamleml 7Ttl1• North; Naylea, FL 54108 (B41>su7-511, DRAWN BYE
Certificate of Authorization Noe. LB 3884 end EB 3884 Tex: (041)508-2203 VA PROJECT N❑,i 10-0109
th
ACAD ND% 10633—SD FILE ND' 10633
•
ORIGINAL DOCUMENTS CHECKLIST& ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5).
Route to Addressee(s) Office Initials Date
. (List in routing order)
2.
3.
4.
•
5. Ian Mitchell, BCC Office Board of County Commissioners 9
Supervisor �$( (Z
6. Minutes and Records Clerk of Court's Office eTtA. n f(q fa_
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive
summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Phone Number
Contact Mar 4 0 /it kr) Asa
Agenda Date Item was 4 Agenda Item Number �
Approved by the BCC T�Prt a 1 �oje ' 8
Type of Document vh f L � Number Original O y
Attached G Documents ts Attached
U Dona inn x�►rA r,I
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency.(All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
• by the Office of the County Attorney.This includes signature pages from ordinances,
resolutions,etc.signed by the County Attorney's Office and signature pages from
contracts,agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County-Attorney's �/�
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4. :. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
_. signature and initials are required. _
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on -. /O (enter date)and all changes
. made during the meeting have been incorporated in the attached document.The
County Attorney's Office has reviewed the changes,if applicable.
is Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05,Revised 9.18.09