ARCFLSV LLC Oct 2012 Utility & Access Easement Collier County Water-Sewer District Project: Lift Station 310.01 Rehabilitation
Parcel folio number: 00293400006
UTILITY AND ACCESS EASEMENT
THIS UTILITY AND ACCESS EASEMENT (hereinafter referred to as the "Easement") is
made and entered into on this 12th day of October, 2012 by and between ARCFLSV LLC, a
Delaware limited liability company, whose mailing address is 4643 S. Ulster Street, Suite 400,
Denver, Colorado 80237 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 3335 Tamiami Trail East, Suite 101, 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 o o m
incorporated herein by reference. E c o 7j
Subject to easements, restrictions, and reservations of record. o o o 0
oz
0 --W
THIS IS NOT HOMESTEAD PROPERTY. o0
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter up to o r-N S
mcx,
said lands, excavate, and place or remove materials including, but not limited to, water, o v
wastewater and sanitary sewer lines and pipes, and other equipment or improvements o D o N
appurtenant thereto or thereunder, for the purpose of constructing, operating, and maintaining g o
utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context in>73
N
requires. The easement granted herein shall constitute easements running with the land and 0 M
shall burden the lands described above. 55 .N
Grantor reserves and excepts unto itself and its successors and assigns, all rights accruing fro'
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.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
/// •r �,���//`�
ARCFLSV LLC, a Delaware limited
i ness (Signal e) liability company
lJlga- 6Y,' S `
(Print or Type Name) By: ( /
�'✓�( Print Name: 0 c c S.S�.f�
iVif t�s Si nature
( 9 )
Print Title: 'e_c r
(�
,e4$1-46 Li4(Print or Type Name)
STATE OF: L i!
COUNTY OF: C K
T-�het foregoing Utility and Access Easement wa ac nowledged befo e me this /2day
of Q(r 7 , 2012, by (name) grin S. t fr( , (title) �Q,��r
on behalf of ARCFLSV LLC, a Delaware limited liability company, who ispersonally known
mg.or who has produced _ as identification.
eallb
(affix notarial seal) -■1■11waillLa-.cAIFA✓
(Signat e of Notary Public)
) _
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission#:(if any)
My Commission Expires: /n-,3/-/s
Approved as to form&legal sufficiency
OLS IER ou ENm CE f ACCEPT !Y RTE
.•
.1...�..,. ILK' � r �rro ,
Assist lit oun Attorney TED: Il'E!1 Illp. .��i-
EXHIBILL-.
Page e' Of.�
P.O.C.
NORTHEAST CORNER OF THE SOUTH 1/2
OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SECTION
31. TOWNSHIP 49 SOUTH. RANGE 26 EAST.
THE EAST LINE OF THE SOUTH 1/2 —
OF 7HE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SECTION
31. TOWNSHIP 49 SOUTH, RANGE 26 EAST. 1\1
O
P O 1V
00 co
tn
SCALE: 1" = 10'
2' WIDE SEWER PUMP
STATION EASEMENT
N69'03'29'E 22.00' �-- S00'03'26"W 2.00'
S89'O3'29"W 20.00' � P.O.B.
2' WIDE SEWER PUMP STATION EASEMENT
a °d NORTHEAST CORNER
a OF
`s, EXISTING PUMP
STATION EASEMENT
N (OR 1466, PG 2150)
P M
0 P
0 0
Z 0
to
2'--or-I He—
L N89'03'29"E 20.00'
L 589'03'29"w 22.00' S00'03'26"w 2,OD'
EXISTING
PIPELINE EASEMENT
(OR 1466, PG 2150)
NOT A SURVEY
LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: SEWER PUMP STATION EASEMENT
CLIENT: COLLIER COUNTY
NOL1 REVISION:
e ms
BER &
N▪OONON
Ewes RUNDAGE,.K.
Professional engineers, planners, & land surveyors SCALE:, 1" = 100' DATE: 1 DEC. 2011
curs.C.urtys eatte foe, 140e nmla.l?r. , North;Naples. n 04108(2.1)697e3111 DRAWN BY: VA PROJECT NO.: 11-0116
[ntlll.t. IS Authorisation,N.s.12 Me aM 121 5004 Fax; IW11EN-11543
ACAD NO: 10681-SD FILE NO: 10681
N:\Land Projects\11-0116 PUMP STATION 310.01\dwg\VA-JUNK.dwg, 12/1/2011 1:05:42 PM, v.agnoli, 1:10
I
EXHIBIT A
• Page_�of.r. ..=::
DESCRIPTION OF A 2' WIDE SEWER PUMP STATION EASEMENT
A 2 FOOT WIDE SEWER PUMP STATION EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF THE
SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31,
TOWNSHIP 49 SOUTH, RANGE 26 EAST , COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31, THENCE SOUTH 00'03'26" WEST ALONG THE EAST LINE
OF THE SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 31 A DISTANCE OF 82.00 FEET TO THE NORTHEAST CORNER OF AN EXISTING PUMP STATION
EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1466, PAGE 2150, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE 2' WIDE EASEMENT HEREIN BEING
DESCRIBED;
THENCE ALONG THE NORTH, WEST AND SOUTH LINES OF SAID EXISTING PUMP STATION EASEMENT THE
FOLLOWING (3) COURSES;
THENCE SOUTH 89'03'29" WEST 20.00 FEET;
THENCE SOUTH 00'03'26" WEST 20.00 FEET;
THENCE NORTH 89'03'29" EAST 20.00 FEET;
THENCE SOUTH 00'03'26" WEST ALONG SAID EAST LINE A DISTANCE OF 2.00 FEET;
THENCE LEAVING SAID EAST LINE SOUTH 89'03'29" WEST A DISTANCE OF 22.00 FEET;
THENCE NORTH 00'03'26" EAST A DISTANCE OF 24.00 FEET;
THENCE NORTH 89'03'29" EAST A DISTANCE OF 22.00 FEET TO AN INTERSECTION WITH SAID EAST LINE:
THENCE SOUTH 00'03'26" WEST A DISTANCE OF 2.00 FEET TO THE POINT OF BEGINNING OF THE 2' WIDE
EASEMENT HEREIN DESCRIBED:
CONTAINING 128 SQUARE FEET OF LAND MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AGNOLI, BARBER St : DACE, INC.
PROFESSIONAL ENGINE PLANNERS & SURVEYORS AND MAPPERS '
BY -
GUY P. ADAMS, P.S.M. No. '390 DATE L2' �' ' "' '
Ems;' ''y'i• 'y ,
ABSTRACT NOT REVIE D
GENERAL NOTES: M,,.
y
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. P.O.B. = POINT OF BEGINNING.
3. P.O.C. = POINT OF COMMENCEMENT.
4. BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM , EAST ZONE. NAD 83/90
DATUM AND REFERENCED TO THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31. TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA. AS BEING SOUTH 00'03'26" WEST.
NOT A SURVEY
LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: SEWER PUMP STATION EASEMENT
:Ur CLIENT: COLLIER COUNTY
:::: GNOL1
RtVISIQN:
men
Ems ARBER do
■■■■■
me NN
Professional engineers, planners, & land surveyors SCALE: 1" = 100. DATE: 1 DEC. 2011
Collier coots: suite eoo.r400 r t.lemt WO.N.rM: Naples.n b41011 (wtle4r-sut DRAWN BY: VA PROJECT NO.: 11-01169
CertUle.t..f Authorization No.. 1.11 36114'ad 14 311114 Yaw (W1)64e-ee1/3
ACRD NO: 10681—SD FILE NO: 10681
N:\Land Projects\11-0116 PUMP STATION 310.01\dwg\VA-JUNK.dwg, 12/1/2011 1:05:29 PM, v.agnoli, 1:10