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Marco Island Museum Grant of Utility Easement INSTR 5267434 OR 5274 PG 1714 PROJECT: Marco Island Historical Museum RECORDED 5/18/2016 2:21 PM PAGES 4 Internet Service with Comcast DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT PARCEL: 57640160007 COLLIER COUNTY FLORIDA DOC@.70$0.70 REC$35.50 GRANT OF UTILITY EASEMENT This GRANT OF UTILITY EASEMENT (the "Easement") made and executed this 014 day of 742y , 2016, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as GRANTOR and Comcast of Colorado/Florida/Michigan/New Mexico/ Pennsylvania/Washington, LLC, hereinafter referred to as GRANTEE. WITNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors or assigns, a non exclusive easement for the purpose of installing, constructing, replacing, maintaining, repairing, operating, inspecting and removing, at Comcast's sole option and expense, certain wires, cables, conduit, lock-boxes, building entrance facilities, and other appurtenant fixtures and equipment (the "Facilities") over, under, across, and along the property as more particularly described on Exhibit "A" attached hereto and made a part hereof, as recorded in OR Book 4589 Page 408 et. seq. TO HAVE AND TO HOLD the Easement hereby granted unto said GRANTEE, its successors and assigns. GRANTEE, by acceptance of this Easement agrees for itself, its successors and assigns, to maintain said Easement and in no way interfere at any time with the right of ingress or egress of GRANTOR, its successors and assigns, or any other party requiring access to any of the property over which said Easement is granted. GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to GRANTEE'S, construction, maintenance and repair. In the event GRANTEE, in its sole discretion, determines that GRANTEE no longer needs the Easement, GRANTEE may relinquish the rights granted to it under by quit-claiming GRANTEE'S interest in the Easement to GRANTOR. Upon such relinquishment, GRANTEE may, at its option, leave in place all underground Facilities installed on the Easement, or may remove the same and repair and restore any damage to the Easement caused by such removal. GRANTOR shall indemnify, defend, and hold GRANTEE, its parents, subsidiaries, affiliates, directors, officers and employees harmless from and against any liabilities, claims, damages, costs, losses, or expenses arising out of or related to GRANTOR'S (i) use of the Easement by it or its agents, employees, contractors, licensees, and invitees; (ii) negligent or willful act or omission; (iii) failure to comply with the terms of this Easement; or (iv) interference with GRANTEE'S use and enjoyment of the Easement. Subject to the limitations set forth in Section 768.28, Florida Statutes and to the extent that such limitations are applicable to this Easement, GRANTEE shall indemnify, defend and hold GRANTOR harmless from and against any liability, claims, damages, costs, losses, or expenses arising out of or related to GRANTEE'S (i) interference with GRANTOR'S use and enjoyment of the Easement, except as permitted herein; (ii) negligent or willful act or omission; or (iii) failure to comply with the terms of this Easement. GRANTEE shall have access to the Easement during normal business hours and at all times during emergencies. All notices, demands, requests or other communications given under this Easement shall be in writing and be given by certified mail, return receipt requested, or by a nationally recognized overnight courier service to the address set forth below or as may subsequently in writing requested. If to the GRANTOR: Collier Real Property Management 3335 Tamiami Trail East Naples, FL 34112 If to the GRANTEE: Comcast Cable Communications Management, LLC 789 International Pkwy Sunrise, FL 33323 Attn.: Business Services With a copy to: Comcast Cable Communications, LLC One Comcast Center 1701 JFK Blvd. Philadelphia, PA 19103-2838 Attn: General Counsel This Easement may be amended, revised, waived, discharged, released or terminated only by a written instrument executed by both parties hereto. All of the provisions of this Agreement shall be binding upon and inure to the benefit of GRANTOR, GRANTEE and their respective successors and assigns. IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROC,K COLLIER COUNTY, FLORIDA UAAA jabkr# BY: est as to •;' Deputy Clerk Donna Fiala, Chairman Min signature only.. rhis Conveyance Approved By The Board Of County Commissioners Approved as to form and legality Collier County Florida, Pursuant To Agen-la Date:5-tc-i�c _Item No: UP r] JENNI R BEEPED O, sst. County Attorney I 9-11(0 Eank,s Engineering EXHIBIT A Professional Engineers,Planners&Land Surveyors PAGE 1 OF L- 10511 Six Mile Cmess Parkway Fort Myeres,Florida 33966 (239)939-5490 Fax(239)939-2523 Engineering License No.EB 6469•Surveying License No.LB 6690 DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 17,TOWNSHIP 52 SOUTH,RANGE 26 EAST CITY OF MARCO ISLAND,COLLIER COUNTY,FLORIDA (MARCO ISLAND HISTORICAL MUSEUM 16'WIDE LEE COUNTY ELECTRIC COOPERATIVE EASEMENT) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER,CITY OF MARCO ISLAND,LYING IN SECTION 17,TOWNSHIP 52 SOUTH,RANGE 26 EAST,LYING OVER A PART OF TRACT'D", MARCO BEACH UNIT SEVEN, RECORDED IN PLAT BOOK 6 AT PAGES 55 THROUGH 62 OF THE COLLIER COUNTY PUBLIC RECORDS,AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY CORNER QESAID..TIi�CT 1)";THENCE N.60°32'05"E.ALONG THE NORTHWESTERLY LINE OF SAID D' O''"8 TO THE POINT OF BEGINNING; THENCE CONTINUE N.60°32'05"E.ALOG °•;. •' :, X LINE FOR 16.57 FEET;THENCE S.14°26'21"E.FOR 70.09 FEET; 50024'48"E.FOR-2 s THENCE N.29°27'49"W.FOR 7.28 FEET; THENCE N.60°321315/,5.-,, R 40.73 FEET; TH 5524'48"E. FOR 66.33 FEET; THENCE S.29°24'54"E. FOR I'6:'6 FEET; THENCE S.50°24'48. FOR 64.87 FEET; THENCE S.60°32'43"W.FOR 26.15 'I iCE'3:294QT49"E,F�0.52 FEET;TI CE S.56°5424"W.FOR 52.64 FEET;THENCE S.7 33'3W.F lR=9. 1 FEET; N.14°26 ,"W. OR 86.39 FEET TO THE POINT OF BEGINNING. 1,.....--":41}1. , EASEMENT CONTAINS 805 u �1 -1 1 1 BEARINGS ARE BASED k ! ':A•.;9o','LBEA IT DESCRIPTION PREP ' .4.9,2010. ii:tc j /._..'" .,,,,,,,,„ ‘„ A,.......,....___(__ • i•....., ..... ------ - ,,,,,./ RICHARD M.RITZ . FI j.. ("1?-(------/ REGISTERED LAND SURVEYOR J -.:,_I L -- FLORIDA FLORIDA CERTIFICATION NO.400 SHEET 1 OF2 S:VebsR4ra12494,SarveyinetDescriptions12494 LCEC DESC.doc Sarasota Mike Port Charlene O11lce 1144 Tilkvut Rad,Suite 105 12653 SW CR 769,Suite B Sarasota,Raids 34243 Lake Sury,Florida 34269 (941)360.1618 (941)625.1165 Fu(941)360.6918 Fu(941)625-1149 C n. EXHIBIT Q . 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