Creekside Utility & Access Esmt.
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PROJECT: Livingston Road Wells Interconnect
FOLIO: 00168044005
UTILITY AND ACCESS EASEMENT
THIS UTILITY AND ACCESS EASEMENT (her inaft~r referred to as the "Easement") is
made and entered into on this .dJ1t day of r I , 2010 by and between
CREEKSIDE EAST, INC., a Florida corporation, whos 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 utility and access purposes, over, under,
upon, through and across 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, excavate, and place or remove materials including, but not limited to, water, raw
water, irrigation quality water, wastewater and sanitary sewer lines and pipes, and other
equipment or improvements appurtenant thereto or thereunder, for the purpose of constructing,
operating, and maintaining utility 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.
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THIS CONVEYANCE ACCEPTED BY T,;;'::
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY I=LORIDA,
PURSUN ..~ ""1"'1 THt J")qli\lISlnNS
)F RESOLuTION' .;).t:)/o -31
INSTR 4424017 OR 4561 PG 1832
RECORDED 4/30/2010 3:29 PM PAGES 3
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC@.70 $0.70 REC $27.00
CONS $0.00
BARRON COLLIER CO
FILE NUMBER
I {I.((PL(
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IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written,
~ .1t~
ss (Signature)
laVerne M. Webb
(Print or Type Name)
CREEKSIDE EAST, INC" a Florida
::P(j:Jr$L
David K. Borden, President
2600 Golden Gate Parkway
Naples, Florida 34105
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Witness (Signature)
~ \\~Sf)(\ )J\e\""'O\S
(Print or Type Name)
STATE OF FLORIDA
COUNTY OF COLLIER
A' Th.e foregoing Utility and Access Easement was acknowledged before me thisd.J1tday
of ~r \ \ ,2010, by David K. Borden, on behalf of Creekside East, Inc., a Florida
corpor tion who is personally known to me or who has produced ~ as
identification.
~~ AA-I}{JL{,t l~
ignatve of~~r~
(affix notarial seal)
NOTARY PLllLIC-STATE OF FLORIDA
"'''''' L
~W'~ ynn Krueger
~~) Co~mission #DD910238
............ ExpIres; AUG. 27, 2010
BONDED THRU ATI.ANTlC BOt."DING CO., me.
(Print Name of Notary Public)
NOTARY PUBLIC -1b 1; D-
Serial/Commission #.:(il a~ . r 12ft 0
My CommisSion Expires: . J- ;
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BARRON COLLIER CO
FILE NUMBER
{ J 4&1
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EXHIBIT -L1.
Page I of I
Commence at the northeast corner of Section 27, TowrishiF ~8S,
RAnge 25E, run south 100' alont] tha east line of Sect.ion 27 to
the south right-of-Way line of State ROAd 946 (known all. the
ImmokAlee Road), thence run S 89.49 '18" W ~or A 6iatancCI of BO"
to the point of beginning; located on the Houth r19ht-o!~WAY line
of State Road a461 thenoe S ~.29'37" E a distAnce of 2,529.40'1 .
thenoe S 1D32'29" E a distance of 1,040.71'; thence S :89~~3'OO. W'
A distance of 20.0', thence N 1.32':l!)" W,a d.1.t4i1co of 1,'040.71.,.
thenco ~ la2~'37" W to' the south right-of-way o~ State Roa4 8467
thence N 89-49'18" E for a distanoe of 20' ~o the point of begin-
ning, all in Collier County, Florida.
and
I '5 toot .trip ......nt loa.t~d in $eotloc 27. Town.b1p qa
~out~, '.P~. i5 B.Dt. Co!11.r'CoUQt11 FXorida, COb~!KU9~'
v1~b a 20 rQ~t .trlp ..v.~ ~1~~ ..'D..~t .a reaora.d in 0.1,
Boot. 601, P.... fT-. PU~11a I_oord. or c~1]1.~ aoU=t7~
'lor1~.. Jv~~Lp& ~ro. t~. .o~th pr~p.rt7 J1~. or lb. .ort~
..pl.. novas_ trw.t._At tlant to th, Boutb r1sht-vf-ya7 11~.
of :state IC'.dS46.
Co....o. at the soctbl.at oorn.r at 8.ct1oh 27, !ownlblp ~e
3Qu~, Ba~BI 2! !alt, Collier Count" r~o~idl' tbe~c. ~lbDI
tb. ta., llb. ot Bald 5eottoA 2T. Jortb 01 32' 2'- Ya~t,
2'~O.11 feet to the I..t 1/~ bbr~.r ot ~.id ~.c,~o~ %1.
.' tb~flCll outhlU' al01l1 Lb_ x..t l1.ae ot .aU a.a,Uc~ n r port.lt
g,., 2.9' 31- 1I.at, UH.TO.,..t ~o tb,'or~!I...t. OOMl." or tbe
lor~h ..pl.. a.vlc. fr..t..b~ '1amt p~op.rty; theaa. .loal
hrtb Un I>f ..tiS 'prof.rt,. SOlJtb 1190 21St DO. V..t., 6!S.OI
r~.t ~o tb. ~OI.~ or ~EGl~.I'O o~ th. Plra.l bcr~1n
d..a~lb.d~ tb.n~. ~b . 31ae ~~1cb li.. 65.0a t..t v..t ot
(....ur.d at ~~&bt anel.. lo~ .a~ para11.1 v~t~ ~b. &..t l1a.
Qr ..~d Boat1om Z1. .or~~ ~1 291.31. V.at, 1~1..26 r..t ~O.
po1Q~ OD the ~~ut~ ~i~bt-~r-W.1 11h. ~~ ~t.t. P~.d a_6,
~~O~Q. .loa, .a1d Sgv~b ~l~bt-af-v~r IJD. S9utb eg ~9' 1B-
Y.~t. 1~.OO r..tr th.Dce CD a Ifni v~1~b 11.. 8D.OO r..t "at
ot (_a.aured at ~L~b~ 'D~le. ~o) 8~4 par.llel wlt~ tb. laat
lie. or .aid StatioD 21. South 01 29' 31A I..t, lel'.3~
J r.et to . po1pt Ob t~. Worth prOp.~t, 11~. Dr the .or~a
..pl.. SaW.&1 Tr..t..~t ~l.n~1 t~. ,r.o..d1"& line .1.0 b.1~s
~vDt1cMOV. ~1tb . 20 roo~ .t~1p a.w.r 11D. ......at ..
reCgrd.d lb O.J. DQO~ 607. tll' 27', P~Dll~ ~.OO~. of
ao~lS.r coaDtr, 'luri~al t)e~o. alon, ..1~ J~rth I1na MorLb
69 21' 00. t..t 15.00 r..t r.t"r~1u, ~u tbe ~QjVT Ot
~tnrW)I~a or tb. p.roel ~'~'lD d..orib.4.
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BARRON COLLIER CO
FILE NUMBER
CJft
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