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Utility Easement - iStorage PO, LLC (Folio #76885050652)__fNSTR 587M oll 5766 PG 3073 RECORDED 5/26/2020 2:46 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $35.50 PROJECT: 1-75/Collier Boulevard Utility Relocation Project CONS $10.00 FOLIO: 76885050652 Accepted by BCC pursuant to Resolution 2019-126 & CWS Resolution 2019-03 Parcel: 904 UTILITY EASEMENT THIS UTILITY EASEMENT, made and entered into this I 4,S- day of C1_JPLNA_t, , 2020, by iStorage PO, LLC, a Delaware limited liability company, whose mailing address is 8400 East Prentice Avenue, 9t" Floor, Greenwood Village, CO 80111, as Grantor, to 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, 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to, water lines and pipes, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. In exercising the rights granted under this Easement, Grantee shall at all times (i) exercise due care, ensure that all work is completed in a commercially reasonable, appropriate, professional, and workmanlike manner using top-quality materials, (ii) not unreasonably interfere with, disrupt, or delay any business being conducted on the property, (iii) not obstruct any driveway or any other access to or from the property, by Grantor or any occupant or tenant of the property and their respective employees and invitees, (iv) repair any damage to the property resulting from Grantee's construction, operation, reconstruction, installation, replacement, removal, repairs, alterations, maintenance, inspection, and use, and (v) restore the property to its original condition prior to exercising such rights under this Easement, normal wear and tear excepted. Grantee acknowledges that Grantor's improvements, including but not limited to This property has been acquired under threat of condemnation and is exempt from documentary stamp tax 1 CONVEYANCE APPROM By THE BOARD OF COUNTY COMMISSIONEM COLLIER COUNTYX FLORIDA, v PURSUANT TO THE P, VI IOt� OF RESOLUTION N0;�{ 3-i0-.C:0 I41C46, 7-9-2o,9 /bZoe-, 0 — .1777av�- -Z62"..�,;° pavement, concrete, parking, drive aisles, curbing, sidewalks, and fences, in existence as of the date hereof may remain and same may continue to be used, maintained, repaired and replaced by Grantor and its successors and assigns. In addition, Grantor and its successors and assigns may use the surface of the Easement so long as said use does not unreasonably interfere with the rights herein granted. This Utility Easement is made further subject to the terms and provisions contained in that certain unrecorded Easement Agreement entered into by and between Grantor and Grantee, executed concurrently herewith. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. [Signature page follows.] 2 0 G� IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. 49!� e, Lf-� Witness (Signature) Name (Print or Type) (Print STATE OF COUNTY OF iSTORAGE PO, LLC a Delaware limited liability company By: Name: Tamara D. Fischer Its: Authorized Person The foregoing Utility Easement was acknowledged before me this / J day of , L , 2020 by Tamara D. Fischer, as its Authorized Person, on behalf f iStorage PO, LLC, a Delaware limited liability company, who is personally known to me o r whe has reel'' . �et�i€rcatiorr. WITNESS my hand and official seal this day of 2020. (affix notarial seal) KAREN S. GERKEN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144008048 MY COMMISSION EXPIRES FEBRUARY 19, 2022 Approved as to form and legality: l (S(gnatuti6 of Ndiary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any)`E� My Commission Expires: - 2,,2-5- Jennifer A. Belpedio, As tant County Attorney W a LEGEND AE - ACCESS EASEMENT CUE = COUNTY UTKITY EASEMENT DE. • DRAINAGE EASEMENT DESC. • DESCRIPTION FP&L FLORIDA POWER k LIGHT COMPANY OR OFFICIAL RECORDS BOOK PB - PUT BOOK PG PAGE POB . POINT OF BEGINNING POC = POINi OF COMMENCEMENT DESCRIPTION EXHI3IT-L- PR!1C / Q# PARCEL ONE PARCEL TWO ! f-N89'56'16 E 6.06 I A TRACT OR PARCEL OF LAND LYING IN TRACT 11 AND TRACT B-11 TOLLGATE DRIVE, TOLLGATE COMMERCIAL CENTER PHASE TWO AS RECORDED IN PLAT BOOK 18, PAGES 23-24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT 15 MORE PARTICULARLY DESCRIBED AS FOLLOWS TRACT 14 COMMENCING AT THE SOUTHWEST CORNER OF SAND TRACT I THENCE N 89'56'16 E ALONG THE SOUTH LINE OF SAID TRACT 11 FOR 1500 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 15 FOOT WIDE COUNTY UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK J844, PACE 2445, SAID PUBLIC RECORDS AND THE POINT. OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; E THENCE N 00'46'58'£ , ALONG THE EAST LINE OF SAID COUNTY UTILITY EASEMENT FOR 5J8.06 FEET TO INTERSECTION WITH THE NORTH LINE OF SAID TRACT 11, THENCE N89.56"16E, ALONG SAID NORTH LINE FOR 500 FEET; THENCE S.00"4658 W., DEPARTING SAID NORTH LINE FOR 59807 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID TRACT 6-11 TOLLHOUSE DRIVE; THENCE S 89.55'16'W ALONG SAID SOUTH LINE FOR 500 FEET TO THE SOUTHEAST CORNER OF SAID 15 FOOT WIDE COUNTY UTILITY EASEMENT; THENCE N-00'4658 E.. ON THE EAST LINE OF SAID 15 FOOT WIDE COUNTY UTILITY EASEMENT FOR 60.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING Z990 SQUARE FEET OR 0.07 ACRES, MORE OR LESS BEARINGS MENTIONED H£REINABOvE ARE BASED ON THE SOUTH LINE i OF SAID TRACT II TO BEAR N.89.56'16"E I NOTES: i THIS SKETCH 15 NOT A SURVEY I 2 THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO ZONING OR DEVELOPMENT RESTRICTIONS ALONG THE SUBJECT PARCEL 1 1 TRACT: 12 I 1 i I I I I POC DESG`. A CORNER or TRACT 11 I I N89'56'16"E 15.00" POS DESC.7 0 30' 60' 120' 1 SCALE: 1 " = 60' NO'46'S8 E 60 01' T I I _TRACT 9 _ IS CUE -NOTA SURVEY- OR 3927• PG 3166 SKETCH AND DESCRIPTION 5' WIDE COLLIER COUNTY UTILITY EASEMENT LYING IN TRACT 11 AND TRACT B41 TOLLGATE COMMERCIAL CENTER PHASE TWO PLAT BOOK 18, PAGES 23-24 SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA I C, o � h � W h h b z 170' FP&LEASEMENT PB 18. PG 23 18. PC 23 I I I I I I I I 1 15C.U.E. OR 3644, PG 2445 I � 1 � I I I I 20' DE AND AE P8 16 PG I I I I I +I L— 15' DE AND UE 1 1 OR 2675. PG I705 I I OR 3464. PG 2652 I I I I ` 1 I 1 I I I I I o I E I I c I I 1 I 1 I r ' In TOLLHOUSE DRIVE TRACT B-11 (PUTTED EASEMENTS VACATED E AND REPLACED WITH A DE ANDo UE PER OR 2675. PG 2705 AND OR 3464. PAGE 2652) 1 TRACT 10 -S89'56', 6'W 5 00__ DRAVIM BY: TJD CHECKED BY: DLS JOB CODE CCU257 SCALE i" • W DATE 17r2artota FILE: CCU257 10P11 ©GradyMinor 0. Grady Minor and Associates. P.A.: 3800ViaDelRey '.� ? rE e' = ' 1£sr�j�.. Bonita Sprlom. Florida 34134 - SS ' x Civil Engineers Land Surveyors . Planners Landscape Architects Cem of AWN. EB 000I5751 Pert. of AWU. I.B 00(T5151 BwhW LI; 2NMKYl1M Bonita Sprll>ga: 239.947,1144 www.GrodyMinor.com Fort Myers: 239.690.4380 ' ei E'71a7i6� ( 1- PROJECT: 1-75/Collier Boulevard Utility Relocation Project FOLIO: 76885050652 Accepted by BCC pursuant to Resolution 2019-126 & CWS Resolution 2019-03 Parcel: 904 STATE OF CO (66a e1c) COUNTY OF z INSTR 5871130 OR 5766 PG 3072 RECORDED 5/26/2020 2:46 PM PAGES 1 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC $10.00 Limited Liability Company Affidavit Before me, the undersigned authority, personally appeared Tamara D. Fischer, who being by me first duly sworn, on oath deposes and says that: 1. She is the Authorized Person on behalf of iStorage PO, LLC, a Delaware limited liability company. 2. Said company is currently in existence under a valid Certificate of Formation and Amended and Restated Limited Liability Company Agreement and has not been terminated or dissolved. 3. That she is authorized by the Amended and Restated Limited Liability Company Agreement of iStorage PO, LLC to execute deeds, easements and mortgages on behalf of the company, and all necessary consents have been obtained. 4. The company is not currently in any bankruptcy proceedings and is not a debtor in bankruptcy. 5. Affiant further states that she is familiar with the nature of an oath and with the penalties as provided by the laws of the State of Florida for falsely swearing to statements made in an instrument of this nature. Affiant further certifies that she has fully read this affidavit and understands its contents. 6. This Affidavit is given to induce Commonwealth Land Title Insurance Company to issue its title policy insuring the contemplated transaction iStorage PO, LLC, a Delaware limited liability company By: 112 Di�-� Name: Tamara D. Fischer Its: Authorized Person STATE OF COLORADO COUNTY OF ARAPAHOE �0 SWORN TO AND SUBSCRIBED before me this t5 day of ! < C 2020 by Tamara D. Fischer, as its Authorized Person, on behalf of iStorage P , LLC., a Delaware limited liability company, who is personally known to fne (affix notarial seal) (Signature,of Notary Public) / KAREN S. GERKEN �? e Y. � NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144008048 MY COMMISSION EXPIRES FEBRUARY 19, 2022 (Print Name of Notary Public) NOTARY PUBLIC c Serial/Commission #:(if any) ;2O( My Commission Expires: