Access & Utiitly Easement 160 6
PROJECT: Palm Springs Park
VB BTS II, LLC (Eco-Site)
Site Number: US-FL-5470
Folio No.: 00297320001
ACCESS AND UTILITY EASEMENT
THIS ACCESS AND UTILITY EASEMENT ("Agreement"), made and entered into
this 25 ' day of J4 'f �2 ' t— , 2023 (the "Effective Date"), by COLLIER
COUNTY, a political subdivision of the state of Florida ("Grantor"), having a mailing
address of 3301 East Tamiami Trail, Naples, Florida 34112, as Grantor, to VB BTS II,
LLC, a Delaware limited liability company ("Grantee"), whose mailing address is 750 Park
of Commerce Drive, Suite 200, Boca Raton, FL 33487, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors, and
assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys. grants, bargains and sells unto the Grantee, its heirs,
personal representatives, successors, assigns, lessees, sublessees, licensees,
customers, agents, and any other party claiming by or through Grantee, a perpetual,
non-exclusive easement for ingress, egress and, if applicable, installing, operating,
maintaining, inspecting, repairing, replacing and/or removing underground fiber lines and
related equipment and materials (the "Easement"), on, over and within the following
described lands located in Collier County, Florida to which the Grantee Parties shall have
free and unfettered access seven (7) days per week, twenty-four (24) hours per day, 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.
Grantee presently has Site Development Plan (PL20210000655) under review
with the County's Growth Management Review. As consideration for the grant of this
Easement, Grantee shall construct all improvements depicted on the approved Site
Development Plan, incorporated herein by reference. The Easement shall remain subject
to the approved Site Development Plan and become null and void if Grantee fails to
complete all improvements to the Site Development Plan.
[22-RPR-03607/1769899/1] Page 1 of 2
16C 6
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to
enter upon said land for the purposes of accessing, constructing, operating, and
maintaining utility facilities thereon and adjacent thereto. The Easement granted herein
shall constitute easements running with the land and shall burden the lands described
above.
IN WITNESS WHEREOF. the Grantor has caused these presents to be executed
the date and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
(..-2
e:7
By: By: — .
Attest as to Chairman's.. ep ty I Rick LoCastro, Chairman
signature only •
Ap ved as to form and legality:
b
Derek D. Perry
Assistant County Attorney
[22-RPR-03607/1769899/1] Page 2 of 2 ,y�l
16C 6
EXHIBIT "A"
I SP ts,/R THIS SKETCH 13 NOT A SURVEY
SURVEYORS&MAPPERS SHEET 1 OF 2
18815 ANNP.LIS DRIVE,LUTZ.FL 33548
PHONE(813)909-2420
PROFESSIONAL SUPMIG d MAPPNG CER11FlCA1E CF AUI1IOMZA110H:
LB 7188,STAlE OF FLORIDA
SKETCH AND DESCRIPTION
NON-EXCLUSIVE ACCESS AND UTILITY EASEMENT
SECTION 34 - TOWNSHIP 49 SOUTH - RANG 26 EAST
DESCRIPTION
A. PARCEL OF LAND BEING A PORTION OF TRACT A, PALM SPRINGS ESTATES UNIT NO. 1, AS RECORDED IN PLAT BOOK
8, PAGE 22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT A;
THENCE ON A GRID BEARING OF S88'45'50 ALONG THE NORTH LINE OF SAID TRACT A, A DISTANCE OF 251.38 FEET
TO THE POINT OF BEGINNING;
THENCE S01'14'10"E A DISTANCE OF 30.00 FEET TO A POINT ON A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH
THE NORTH LINE OF SAID TRACT A;
THENCE N88'45'50"E ALONG SAID PARALLEL LINE, A DISTANCE OF 220.93 FEET TO A POINT ON A LINE 30.00 FEET
WEST OF AND PARALLEL WITH THE EAST LINE OF SAID TRACT A;
THENCE 500'23'50"E ALONG SAID PARALLEL LINE, A DISTANCE OF 291.94 FEET;
THENCE S17'20'00"'W A DISTANCE OF 135.71 FEET TO A POINT OF CURVATURE OF A NON—TANGENT CURVE CONCAVE TO
THE SOUTHEAST, SAID ARC BEING THE SOUTH LINE OF SAID TRACT A AND THE NORTH RIGHT—OF—WAY LINE PALM LAKE
DRIVE (PUBLIC RIGHT—OF—WAY), A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF
S11'I 7'02'E;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG SAID SOUTH LINE OF TRACT A AND
NORTH RIGHT—OF—WAY LINE OF SAID PALM LAKE DRIVE, HAVING A CENTRAL ANGLE OF 49'36'28" AND A RADIUS OF
60.00 FEET FOR AN ARC DISTANCE OF 51.95 FEET (CHORD BEARING = S53'54'44"'W AND CHORD DISTANCE = 50.34
FEET) TO A POINT ON A NON—TANGENT LINE;
THENCE N17'20'00"E A DISTANCE OF 171.46 FEET TO A POINT ON A LINE 60 00 FEET WEST OF AND PARALLEL WITH
THE EAST LINE OF SAID TRACT A;
THENCE N00'23'S0"W A DISTANCE OF 231.45 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE
SOUTH'WEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 90'50'20" AND
A. RADIUS OF 25.00 FEET FOR AN ARC DISTANCE OF 39.64 FEET (CHORD BEARING = N45'49'00"W AND CHORD
DISTANCE = 35.61 FEET) TO A POINT OF TANGENCY, SAID TANGENT LINE BEING 60.00 FEET SOUTH OF AND PARALLEL
WITH THE NORTH LINE OF SAID TRACT A;
THENCE 588'45'50"W ALONG SAID PARALLEL LINE, A DISTANCE OF 195.12 FEET;
THENCE NO1'14'10"W A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT A;
THENCE N88'45'50"E ALONG THE NORTH LINE OF SAID TRACT A, A DISTANCE OF 30.00 FEET TO THE POINT OF
BEGINNING;
SAID PARCEL OF LAND SITUATE WITHIN COLLIER COUNTY. FLORIDA CONTAINING 20.761.69 SOU ARE FEET. MORE OR LESS.
CERTIFICATE
THIS IS TO CER11FY THAT THE SKETCH SHO'A'N HEREON AND THE ATTACHED °iot°urod°'""1ans,
DESCRIPTION IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE Payne
�In.O tlnrtit:n.d
AND BELIEF AND DOES NOT REPRESENT A FIELD SURVEY. I FURTHER CERTIFY a A01n00D0000in29f310
THAT THIS SKETCH AND DESCRIPTION WAS COMPLETED IN ACCORDANCE WITH OODO206103 WIYsn 3 Parr
THE STANDARDS OF PRACTICE FOR SURVEYING AND MAPPING STATED IN D1t.M22 H0. M'0,
RULES 5J-17.051 THROUGH 5J-17.053 OF THE FLORIDA ADMINISTRATIVE CODE. 2otsx .
PURSUANT TO FLORIDA STATUTES CHAPTER 472.027.
SEE SHEET 2 OF 2 FOR EASEMENT SKETCH WILLIAM S. PAYNE
BE1SIONS BLIT Br PROFESSIONAL SURVEYOR AND MAPPER *LS 5685
'ASP CONSULTANTS, INC, jLLB7188
-- - -- DATE OF SKETCH DRAWN BY CHECKED BY FILE NAME
06/15/2022 ASP WSP PSP—EASE
[22-RPR-03607/1769899/1] Page 1 of 2 Exhibit "A" �p
G
1 6 C .6
PI It THIS SKETCH IS NOT A SURVEY
SURVEYORS&MAPPERS SHEET 2 OF 2
18815 ANNELIS DRIVE,LUTZ,FL 33548
PHONE(813)9139-2420
PROFESSIONAL SURYEYTIG a 1.1APPNG CERTIFICATE CF AIJTHOP1ZA1ION:
LB 7186,STATE OF FLORIDA
NORTH
SKETCH AND DESCRIPTION
NON-EXCLUSIVE ACCESS AND UTILITY EASEMENT SCALE: 1' — 80'
SECTION 34 - TOWNSHIP 49 SOUTH - RANGE 26 EAST 51EAMM33.46E OW
TO•6159.---------------,
P.O.C.
LEASE AfiE4 ---
--e NON-EXCLUSIVE
N.*: CORNER ACCESS AND
r-rpAcr A N88.4 5'50-E P.0.5. Access IV
UTILITY EASEMENT
30.00'7 7NON-EA'a_u544- .9...-4,
N.E. CORNER
/ , —ACCESS AND 629.08' , TRACT A
: ..„ se95138.36.3.4-r5;6490Z.: , / `fnifir_EASEAlarr_ 628.31'(RAT)
-1 r 7----- ----- 588'45 507717• r 251.58' -''' .
,1 -30'EASEMENT-I k • '
,al. ,\
/ i (RFR PLAT) '
1 :\ N88•45.50-E % r.1_L-.:,-....:-.'.. t
/ .1\ •-t—-1
.. .. .
\ , S88•45 50 A ... --..,:- ,- k
• \--AOlf CORNER
v.,
SECTION 34, 49S, R26E
; NORTH UNE 41.--f-‘...-}—,——r-
OF THE S.W. 1/4 ....I W b ; D=90'50'201/
SECTION 34, 7495, R26£ 7.-8 1.,0 ' R=25.00' -.4
9,6 it:g L=39.64. 1 cll.I ,-‘.• -) ,
:OD r C13=N45'49.00W I FA vIcL i -C-
CD=35.61 '''
.,,NON—EXCLUSIVE I; io'(;51a. -..i• 1
ACCESS AND 6.00.A. —
04330Crts„,c°- ril— -:16°—
U77LITY EASEMENT
..cft`- foxitx
(20,75;.69 SC.../ARE FEE'_-_- 1 r Now
I A 1 LEGEND
/70.
1
- _ . -- I P.O.C. POINT OF COMMENCEMENT
77?ACT A f; ,., i P.O.B. POINT OF BEGINNING
rALA4 spance piink-• bi ri „,''t C.C.R. COLLIER COUNTY RECORDS
!oi EI p R/W RIGHT-OF-WAY
PALM SPRINGS ESTA7ES IJNIT NO 1 'A -, O.R. OFFICIAL RECORD
(I 1 ...• D DELTA (CENTRAL ANGLE)
PL4T BOOK 4 PAGE= C.C.R. 81 b. R RADIUS
OWNER: COLLIER CO:' -- Z 01 1
I u)I #1L ARC LENGTH
PARCEL ID: 6.567004(:--7 CB CHORD BEARING
STRAP: 535900-A-1.4 .:.F.7 I I,3,v 0
i,\ CD CHORD DISTANCE
NON—EXCLUSIVE • , w
,`,°I .) :,vie,.,
• — wilt P
ACCESS AND
CTILITYEASEMEAIT "-
-- NNNN)
° A e
*-..f,
,to zi
D-49'36'28" o
.o/
R60.00' o/
L-51.95' f?! V
CB-553'54'44-W :..`I
CD=50.34'
1 i
SOCITh
TRACT A ll BEARING NOTE
— — / THE BEARINGS SHOWN HEREON
.N.OPni RAY LnVE--
ARE GRID AND ARE RELATIVE TO
H- PALM LAiX DRIVE _ THE SOUTH LINE OF THE
(60'PUBLIC R/W) NORTHWEST ONE-QUARTER (1/4)
I .gi
1- SOUTH R/W LWE-....,....
OF SECTION 34, TOWNSHIP 49
— —
SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, HAVING A GRID
REVISIONS DATE BY — — BEARING OF Na6r45.50-E.
DATE Cr SKETCH DRAWN DY CHECKED BY FILE NAME
06/15/2022 WSP WSP PSP-EASE
[22-RPR-03607/1769899/1] Page 2 of 2 Exhibit "A"
• ...
L .
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney
County Attorney's Office i(AY, N/ i(27/
2. BCC Office Board of County 0 o P `A`Za\l.
Commissioners }
3. Minutes and Records Clerk of Court's Office 4.' .
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Vivian Rodriguez Phone Number 239-252-8402
Contact/Department
Agenda Date Item was A e,_, S c 3 Agenda Item Number ' (p
Approved by the BCC V�
Type of Document Agreement—Palm Springs Park Pc c e.S S Number of Original -4-
Attached VB BTS II,LLC(Eco-Site).1 -t,1,} Documents Attached
PO number or account N/A Ec_sc ANe.t
number if document is
to be recorded
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. Does the document require the chairman's original signature? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. 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.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on "if'ZS! 2.3 ,and all changes made p N/A i
during the meeting have been incorporated in the attached document. The County .001 an op'I,
Attorney's Office has reviewed the changes,if applicable. this I' •
9. Initials of attorney verifying that the attached document is the version approved by the D N/A is
BCC,all changes directed by the BCC have been made, and the document is ready for the O 0 F an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16C 8
MEMORANDUM
Date: April 28, 2023
To: Vivian Rodriquez,
Transportation Eng. - ROW
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Agreement and Access & Utility Easement
Attached is a copy of the document referenced above, (Agenda Item #16C6) approved
by the Board of County Commissioners on Tuesday, April 25, 2023.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
16C 6
Memorandum
TO: Minutes & Records Management
FROM: Vivian Rodriguez, Real Property Management
DATE: March 13, 2023
RE: Palm Springs Park — VB BTS II, LLC (Eco-Site)
Please attest to Commissioner LoCastro's signature as Chair on the annexed Agreement.
Once attested, kindly forward a copy of the Agreement, by email, for my files.
Please contact me if you have any questions or comments at Ext. 8402.
Thank you.