Creekside Access Easement
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PROJECT: Livingston Road Wells Interconnect
FOLIO: 00168044005
ACCESS EASEMENT
THIS ACCESS EASEMENT (her inaft~r referred to as the "Easement") is made and
entered into on this J...1rl day of , 2010 by and between CREEKSIDE
EAST, INC., a Florida corporation, woe mailing address is 2600 Golden Gate Parkway,
Naples, Florida 34105, as Grantor, 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, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its
successors and assigns, as Grantee.
(Whenever 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 the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and
assigns, a perpetual, non-exclusive easement for access purposes, including vehicles, on, over,
upon, across and through 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 the Grantee together with the right to enter upon
said lands for the purpose of constructing, reconstructing, maintaining, repairing, operating and
relocating access facilities thereon. 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.
Grantor reserves and excepts unto itself and its successors and assigns, all rights accruing from
its ownership of the real property described in Exhibit "A" against which this easement is being
granted, including the right to engage in or permit or invite others to engage in all uses of the
same real property that are not inconsistent with the purpose of the easement being granted
herein or hinder the use of the easement being granted herein.
The Grantee shall maintain the easement described herein in a good state of repair at the sole
cost and expense of Grantee, its successors and assigns.
Grantee hereby agrees that it will indemnify and hold harmless Grantor from any claim brought
or made for or on account of any injuries or damages received or sustained by any person or
persons or property, arising out of, or occasioned by, the negligence of Grantee in connection
with use of the easement described herein and/or any permitted equipment or improvements
owned by Grantee within the easement granted herein. Grantee shall promptly repair at its
expense any damage to the easement or any other property not owned by Grantee, caused by
Grantee exercising its rights under this easement. In the event that Grantee causes damage to
the easement or any other property, real or personal, not owned by Grantee in the exercise of
the privilege granted herein, Grantee agrees to restore the easement or property so damaged to
its original condition at Grantee's expense. Maintenance of the easement and permitted
equipment or improvements located herein shall be performed in a manner that is minimally
intrusive to grantor's business, property and improvements. Notwithstanding anything
contained herein, Grantor shall have no liability for maintenance or repair of any permitted
equipment or improvements.
rrJb
INSTR 4424018 OR 4561 PG 1835
RECORDED 4/30/2010 3:29 PM PAGES 4
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC@.70 $0.70 REC $35.50
CONS $0.00
THIS CONVEYANCE ACCEPTED BY T,;~
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY I=LORIDA,
PURSUANT TO THf t"JR0VISIONS 7C1
JF RESOLLlTION I\jl ~/O -:::> L
BARRON COLLIER CO
FILE NUMBER
IfL{cP5
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, ...
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
Th~ foregoing Utility and Access Easement was acknowledged before me thi&d..JJtday
of ,2010, by David K. Borden, on behalf of Creekside East, Inc., a Florida
cor 0 ation who is personally known to me or who has produced
identification.
LaVerne M. Webb
(Print or Type Name)
{II~ IJ{;U&
Witness (Signature)
r1ff I; ~(")rt AJichol <:
( rint or Type Name)
STATE OF FLORIDA
COUNTY OF COLLIER
CREEKSIDE EAST, INC., a Florida
::rP?1/Z~
David K. Borden, President
2600 Golden Gate Parkway
Naples, Florida 34105
as
(affix notarial seal)
NOTARY Pl.:BLIC-STATE OF FLORIDA
~""""""" Lynn Krueger
g W ~ Commission #DD910238
\~..: Expires: AUG. 27, 2010
mEn THRU An.A.'mCBOND~G CO., INC.
.>'7t,
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~AA 1AAAf~
Igna e of Notary' Public)
Lynn Krueger
(Print Name of Notary Public)
NOTARY PUBLIC {;Y
Serial/Commission #:(if any) DO 1/ OJ J 4
My Commission Expires: ~ l-t '1' d ') i J 0 / r)
4./!p1!oyt;.1. ~.
to "Ol'll1 ji_
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BARRON COLLIER CO
FILE NUMBER
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EXHIBIT ....d-
Paae 1 ".- :J-
DESCRIPTION OF 20' WIDE ACCESS EASEMENT
I
COMMENCfNG AT THE NORTIfEAST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE
25 EAST, THENCE, ALONG THE EAST LINE OF SECTION 27, sourn 01 DEGREES 09 MlNUTES
43 SECONDS EAST THE DISTANCE OF 135.00 FEET TO THE POINT OF BEGINNING OF THE
EASEMENT TO BE DESCRIBED;
THENCE, FROM SAID POINT OF BEGINNING AND CONTlNUING ALONG THE EAST LINE OF
SECTION 27, sourn 01 DEGREES 09 MINUTES 43 SECONDS EAST, THE DISTANCE OF 15.00
FEET TO A POINT ON TIfE SOUTH RIGHT -OF- WAY LINE OF IMMOKALEE ROAD (S.R. 846)
ACCORDING THE PLAT OF "SOUTHWEST PROFESSIONAL HEALTH PARK" FILED IN THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN PLAT BOOK 28, PAGES 53 & 54,
THENCE, LEAVING TIlE SAID EAST LINE OF SECTION 27 AND EXTENDING SOUTII 88
DEGREES 51 MINUTES 52 SECONDS WEST THE DISTANCE OF 3.14 FEET TO A POINT OF
CUR V A TURE; THENCE, ALONG THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A
RADIUS OF 15.00 FEET, AN ARC LENGTH OF 23.55 FEET, HAVING A CHORD BEARING
SOUTH 43 DEGREES 52 MINUTES 44 SECONDS WEST AND A CHORD DISTANCE OF 21.21
FEET TO A POINT OF TANGENCY, THENCE, SOUTH 01 DEGREES 06 MINUTES 23 SECONDS
EAST, THE DISTANCE OF 58.57 FEET TO A POINT OF A CURVATURE; THENCE, ALONG THE
ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 61.00 FEET, AN ARC
LENGTII OF 48.36 FEET, HAVING A CHORD BEARING SOUTH 21 DEGREES 36 SECONDS 12
SECONDS WEST AND A CHORD DISTANCE OF 47.10 FEET TO A POINT ON THE EASTERLY
LINE OF AN EXISTING 15 FOOT WIDE UTILITY EASEMENT AS RECORDED IN THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA IN OR BOOK 1159, PAGE 1654; TIIENCE ALONG
THE EASTERLY LINE OF THE SAID EASEMENT NORTH 01 DEGREES 09 MINUTES 43
SECONDS WEST, (TillS LINE BEING PARALLEL TO AND 65 FEET WEST OF THE EAST LINE
OF SECTION 27), FOR A DISTANCE OF 28.05 FEET TO A POINT; THENCE LEAVING THE SAID
LINE AND EXTENDING NORTH 44 DEGREES 18 MINUfES 47 SECONDS EAST, THE DISTANCE
OF 20.38 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CIRCLE
CURVING TO THE LEFT, HAVING A RADIUS OF 41.00 FEET, AN ARC LENGTH OF 32.50 FEET,
HAVING A CHORD BEARING NORTH 21 DEGREES 36 MINUTES 12 SECONDS EAST AND A
CHORD DISTANCE OF 31.66 FEET TO A POINT OF TANGENCY; THENCE, NORTH 01 DEGREES
06 MINUTES 23 SECONDS WEST, THE DISTANCE OF 58.57 FEET TO A POINT OF CURVATURE;
THENCE, ALONG THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF
35.00 FEET, AN ARC LENGTH 37.35 FEET, HAVING A CHORD BEARING NORTH 29 DEGREES
28 MINUTES 05 SECONDS EAST AND A CHORD DISTANCE OF 35.61 FEET TO A POINT ON
TIfE RIGHT-OF-WAY LINE OF IMMOKALEE ROAD (SR 846) (WIDTH VARIES), THENCE
ALONG TIfE SAME LINE, SOUTH 00 DEGREES 10 MINUTES 20 SECONDS WEST, THE
DISTANCE OF 0.24 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG THE
RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, SOUTH 89 DEGREES 49 MINUTES 40 SECONDS
EAST THE DISTANCE OF 18.02 FEET TO ANOTHER ANGLE POINT; TIfENCE CONTINUING
ALONG TIfE SAME, NORTH 89 DEGREES 12 MINUTES 58 SECONDS EAST, THE DISTANCE OF
2.00 FEET TO TIfE POINT AND PLACE OF BEGINNING.
BEING A 20 FOOT WIDE ACCESS EASEMENT .
BEARING ARE BASED ON THE ABOVE REFERENCED PROPOSED PLAT OF "CREEKSIDE
COMMERCE PARK EAST"
SlEPHEN A. HIGGINS III. P.S."'.
FLORIDA SURVEYOR & MAPPER LS 5194
COUIER COUNTY SURVEYOR
SEE SKETCH
SHEET 2 OF 2
COLLIER COUNlY
.Engineering and Environmental Service Department
2llOO NoJ1b Horscshoo Drive, Naples Florida 34104
Phon.: 239-252-<5885 Fox 239-252-6476
SIKIEIET ~ (Q)f 2
Dale: TProject No:
03/24/2010
1. ~ 30'
,FileNo;
I PL - PARCEL 'C'
SCAL!!:
BARR N COLLIER CO
E NUMBER
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EXHIBIT A
Page I ftI ;)..
SKETCH OF 20' WIDE ACCESS EASEMENT
(NOT A SURVEY)
~
27 !~DI
I P.D.C.
I ~ Northeast Comer
~ Section 27
~
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IMMOKALEE ROAD (S.R. 846).
I
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E . ting Easement
O.R. Book 616
I PF 1912
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IMMOKALEE ROAD (S.R. 846)
P.D.B.
RIGHT-OF-WAY LINE
'SOUVHWEST l!"ROiFESSIO~L HUlL TH P.4IRK'
PLAT BOOK 28, PAGES 53 & 54
GRAPHIC SCALE
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( IN FEET )
inch = 30 rt.
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15 15
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LINE TABLE
L.l = S68'Sl'S2W 3.14'
L-2 = SOO'10'20'W 0.24'
L-3 = S89'49'40.E 18.0?
L4 = N89'12'58"E 2.00'
CURVE TABLE
NUMBER RADIUS LENGTH CHD BEARING CHORD DELTA
C-l 15.00' 23.55' S43'52'44 'W 21.21' 89'S8'15'
C-2 81.00' 48.38' S21'3Q'12W 47.10' 45'25'10'
C-3 41.00' 32.50' N21'36'12"E 31.66' 45'25'10'
C-4 35.00' 37.35' N29'28'05"E 35.61' 61'08'56'
CREEKSIDE IE<Io\ST, INC
O.R. BOOK 3703. PAGE 2314
N89'48'50.E
80.00'
BEARINGS ARE BASED ON THE PROPOSED PlAT FOR
'CREEKSIDE COMMERCE PARK EAST'
I~
en
1'-1
STEPHEN A. HIGGINS III, P.S.M.
FLORIDA SURVEYOR & MAPPER LS 619-1
COLLIER COUmY SURVEYOR
COLILIER COUNTY BOAIRD
I OIF COiUI\ITY COMMISSDOIMIEAS
OR. BOOK 1048, PAGE 1796
COLLIER COUNTY
Engineering and Environmental Service Department
2&00 North Hone,hoo Drive, Naplos Florida 34104 '
Ph<mo: 239-252~885 Pax 239-252-6476
Da1c: Proje<>t No:
03/24/2010
$lHIfEtE1I" 2 OlF 2
SA RON COLLIER CO
ILE NUMBER
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DESCRIPTION OF 20' WIDE ACCESS EASEMENT
COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSIllP 48 SOUTH, RANGE
25 EAST, THENCE, ALONG THE EAST LINE OF SECTION 27, SOUTH 01 DEGREES 09 MINUTES
43 SECONDS EAST THE DISTANCE OF 135.00 FEET TO THE POINT OF BEGINNING OF THE
EASEMENT TO BE DESCRIBED;
THENCE, FROM SAID POINT OF BEGINNING AND CONTINUING ALONG THE EAST LINE OF
SECTION 27, SOUTH 01 DEGREES 09 MINUTES 43 SECONDS EAST, THE DISTANCE OF 15.00
FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD (S.R. 846)
ACCORDING THE PLAT OF "SOUTHWEST PROFESSIONAL HEALTH PARK" FILED IN THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN PLAT BOOK 28, PAGES 53 & 54,
THENCE, LEAVING THE SAID EAST LINE OF SECTION 27 AND EXTENDING SOUTH 88
DEGREES 51 MINUTES 52 SECONDS WEST THE DISTANCE OF 3.14 FEET TO A POINT OF
CURVATURE; THENCE, ALONG THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A
RADIUS OF 15.00 FEET, AN ARC LENGTH OF 23.55 FEET, HAVING A CHORD BEARING
SOUTH 43 DEGREES 52 MINUTES 44 SECONDS WEST AND A CHORD DISTANCE OF 21.21
FEET TO A POINT OF TANGENCY, THENCE, SOUTH 01 DEGREES 06 MINUTES 23 SECONDS
EAST, THE DISTANCE OF 58.57 FEET TO A POINT OF A CURVATURE; THENCE, ALONG THE
ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 61.00 FEET, AN ARC
LENGTH OF 48.36 FEET, HAVING A CHORD BEARING SOUTH 21 DEGREES 36 SECONDS 12
SECONDS WEST AND A CHORD DISTANCE OF 47.10 FEET TO A POINT ON THE EASTERLY
LINE OF AN EXISTING 15 FOOT WIDE UTILITY EASEMENT AS RECORDED IN THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA IN OR. BOOK 1159, PAGE 1654; THENCE ALONG
THE EASTERLY LINE OF THE SAID EASEMENT NORTH 01 DEGREES 09 MINUTES 43
SECONDS WEST, (TIllS LINE BEING PARALLEL TO AND 65 FEET WEST OF THE EAST LINE
OF SECTION 27), FOR A DISTANCE OF 28.05 FEET TO A POINT; THENCE LEAVING THE SAID
LINE AND EXTENDING NORTH 44 DEGREES 18 MINUTES 47 SECONDS EAST, THE DISTANCE
OF 20.38 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CIRCLE
CURVING TO THE LEFT, HAVING A RADIUS OF 41.00 FEET, AN ARC LENGTH OF 32.50 FEET,
HAVING A CHORD BEARING NORTH 21 DEGREES 36 MINUTES 12 SECONDS EAST AND A
CHORD DISTANCE OF 31.66 FEET TO A POINT OF TANGENCY; THENCE, NORTH 01 DEGREES
06 MINUTES 23 SECONDS WEST, THE DISTANCE OF 58.57 FEET TO A POINT OF CURVATURE;
THENCE, ALONG THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF
35.00 FEET, AN ARC LENGTH 37.35 FEET, HAVING A CHORD BEARING NORTH 29 DEGREES
28 MINUTES 05 SECONDS EAST AND A CHORD DISTANCE OF 35.61 FEET TO A POINT ON
THE RIGHT-OF-WAY LINE OF IMMOKALEE ROAD (SR 846) (WIDTH VARIES), THENCE
ALONG THE SAME LINE, SOUTH 00 DEGREES 10 MINUTES 20 SECONDS WEST, THE
DISTANCE OF 0.24 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG THE
RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, SOUTH 89 DEGREES 49 MINUTES 40 SECONDS
EAST THE DISTANCE OF 18.02 FEET TO ANOTHER ANGLE POINT; THENCE CONTINUING
ALONG THE SAME, NORTH 89 DEGREES 12 MINUTES 58 SECONDS EAST, THE DISTANCE OF
2.00 FEET TO THE POINT AND PLACE OF BEGINNING.
BEING A 20 FOOT WIDE ACCESS EASEMENT .
BEARING ARE BASED ON THE EAST LINE OF SECTION 27, TOWNSIllP 48 SOUTH, RANGE 25
EAST, (ASSUMED).
SEE SKETCH
SHEET 2 OF 2
COLLIER COUNTY
Engineering and Environmental Service Department
2800 North Horseshoe Drive, Naples Florida 34104
Phone: 239-252-6885 Fax 239-252-6476
~IK][ElEiJ ~ (Q)!F ~
Date: Project No:
03/2412010
File No: SCALE:
PL - PARCEL .C. 1" = 30'
"
. ,.,.
SKETCH OF 20. WIDE ACCESS EASEMENT
(NOT A SURVEY)
IMMOKALEE ROAD (S.R. 846)
I
I
RIGHT-OF-WAY LINE
E isting Easement
O.R. Book 616
I PF 1912
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P.D.C.
Northeast Comer
Section 27
PLAT
NORlli
~
~
b
q
IMMOKALEE ROAD (S.R. 846)
P.D.B.
RIGHT-OF-WAY LINE
"SOl!JJ'1!'~'WIES'1!' IJllIROfIESS~(Q)~~l ~Ul nlllP'~u:1~'
PLAT BOOK 28, PAGES 53 & 54
GRAPHIC SCALE
o 30
~
45
I
60
I
( IN FEET )
1 inch = 30 ft.
LINE TABLE
L-1 = SBBo51'52"W 3.14'
L-2 = SOoo10'20"W 0.24'
L-3 = S89049'40"E 1B.02'
L-4 = N89012'S8"E 2.00'
CURVE TABLE
NUMBER RADIUS LENGTH CHD BEARING CHORD DELTA
C-1 15.00' 23.SS' S43OS2'44"W 21.21' 89058'15.
C-2 61.00' 48.36' S21036'12"W 47.10' 45025'10.
C-3 41.00' 32.50' N21036'12"E 31.66' 4S02S'10.
C-4 35.00' 37.3S' N29028'OS"E 35.61' 61008'S6"
(cu:1IEIE~SmC)[c US'1!', ~1NJ(c
OR BOOK 3703, PAGE 2314
N89048'SO.E
COD-IUIER ICOIUl~IT IaO~IFR\Q)
I Of 1C00UJINln' (CrolMlM~SSOOINlIEIAlS
O.R. BOOK 1048, PAGE 1796
~1HI~~'iJ ~ (Q)!F ~
80.00'
BEARINGS ARE BASED ON THE PROPOSED PLAT FOR
"CREEKSIDE COMMERCE PARK EAST"
~
~
I~
'"
l"l
. . r;(n Ita
m,p.S.M.
FLORIDA SURV MAPPER LS 6194
COLLIER COUNTY SURVEYOR
COLLIER COUNTY
Engineering and Environmental Service Department
2800 North Honeshoe Drive, Naples Florida 34104
Phone: 239-252-6885 Fax 239-252-6476
Date: Project No: FIle No: SCALE:
03/24/2010
PL - PARCEL 'C'
1" = 30'