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FPL/Collier County Jail Easement - FiberNet LLC INSTR 5102705 OR 5135 PG 2501 RECORDED 4/2/2015 1:01 PM PAGES 7 Prepared by: DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT FPL FiberNet, r Street COLLIER COUNTY FLORIDA 9250 W.Flagler St DOC @.70$0.70 REC$61.00 Miami,FL 33174 This Conveyance Approved By Attn: Marian Russell The Board Of County Commissioners Collier County Florida, Pursuant r 5-Item No: j c GRANT OF EASEMENT THIS GRANT OF EASEMENT ("Easement") is hereby made this '0411 day of March , 2015, by and between Collier County, a political subdivision of the State of Florida, with an address of 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 ("Grantor"); and FPL FiberNet, LLC, a Delaware limited liability company, its successors and assigns, with an address of 9250 West Flagler Street, Miami, FL 33174, its successors and/or assigns ("Grantee" or"FiberNet"). WITN ESSETH WHEREAS, Grantor is the fee simple owner of that certain real property ("Land"), along with the building and other appurtenant improvements ("Building") located on the Land at 3347 Tamiami Trail E., Naples, FL 34112, more commonly known as the Collier County Jail, all within the governmental development known as the Collier County Government Center and more particularly described as Parcel Numbers 00389600008 and 00389720001, Collier County, Florida, (collectively referred to herein as "Property") and as more fully described on Exhibit "A," attached hereto and incorporated herein by reference; and WHEREAS, Grantee desires access to and use of, certain portions of the Property for the purpose of constructing, installing, maintaining, repairing, replacing, operating and removing certain communication equipment including, without limitation, horizontal and vertical conduits, raceways, cables, wires, fibers, junction boxes, hangers, pull boxes and other appurtenant facilities and improvements ("Communications Equipment"); and WHEREAS, Grantor is willing to allow Grantee to install, construct, maintain, repair, replace, operate and remove the Communications Equipment on, above, under or in the Property on the terms more fully described herein. NOW, THEREFORE, in consideration of the foregoing and the payment of the sum of Ten Dollar ($10.00) by Grantee to Grantor, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee, for themselves, their heirs, successors and assigns, agree as follows: 1. Grantor hereby grants to Grantee, its successors and assigns, a perpetual non- exclusive easement on, over, under, across, in and through the Property at the locations 1 Ob more particularly shown on the attached Exhibit "B (the "Easement Area"), which Exhibit is incorporated herein as fully as though set forth at length, for the purpose of constructing, installing, maintaining, repairing, replacing and operating the Communications Equipment and appurtenant facilities, as such facilities may be installed from time to time, with the right to reconstruct, improve, add to, enlarge, change the size of and remove such facilities or any of them within the Easement Area herein granted, and together with the right to permit any other person, firm or corporation to attach wires to the Communications Equipment hereunder and to operate the same for communications purposes. 2. In any litigation arising between Grantor and Grantee from or related to this Easement, the parties hereto each hereby knowingly, voluntarily and intentionally waive the right each may have to a trial by jury with respect to any litigation based hereon, or arising out of, under or in connection with this Easement. 3. In connection with any suit, action, or other proceeding, including arbitration or bankruptcy, arising out of or in any manner relating to this Easement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys', paralegals' and/or legal assistants' fees and disbursements (including disbursements which would not otherwise be taxable as costs in the proceeding) and expert witness fees through and including all post judgment and appellate levels. 4. The agreements and conditions herein shall constitute covenants running with the land and shall be binding upon and inure to the benefit of the Parties, their personal representatives, heirs, successors and assigns. 5. Grantor consents to the recordation of this Agreement. 6. Grantee, by acceptance of this easement agrees for itself, its successors and assigns, to maintain said easement and in no way interfere at any time with the right of ingress or egress of Grantor, or any other party requiring access to any of the property over which said easement is granted. Grantee further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to construction, maintenance and repair. 7. In the event Grantee, its successors or assigns, shall fail to use this easement for the purpose intended, then Grantee, its successors or assigns, shall vacate, cancel and annul said Easement or relevant part thereof. Grantor shall upon said vacation, have the right to require Grantee, its successors or assigns, to remove any structure or improvements which may affect the use of the property. 8. Grantee hereby covenants and agrees to indemnify, save, protect and hold harmless Grantor against any loss, damage, injury, debt or expense (including attorney's fees) claimed or asserted by any person or entity, which claim relates to in any way, no matter how remote, or arises out of Grantee's installation or use of Grantee's facilities described above. 2 IN WITNESS WHEREOF, the undersigned with fully authority to do so, has caused this Easement to be executed as of the date and year first set forth above. ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, a political subdivision of tPi , the State of Florida A �^ r � r 1 Attest as to Chaian'S Deputy Clerk TIM NANCE, Chairman � lAL SEL?J I 0 1:. Approved as to form and legality: Jennifer A. Belpeot Assistant County A orney i}� 1,\ 3 The subject property described as: ALL THAT PART OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12, THENCE NORTH 00°I8'50" WEST ALONG THE WESTERLY LINE OF SAID SECTION 12, A DISTANCE OF 1858.24 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 12, NORTH 89°41'10" EAST 70.00 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF AIRPORT-PULLING ROAD, C-31 (S.R. S-858) AND THE NORTHWESTERLY CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 93, PAGE 554, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 89°41'10" EAST ALONG THE NORTHERLY LINE OF SAID LANDS A DISTANCE OF 359.56 FEET; THENCE NORTH 00°18'50" WEST ALONG A WESTERLY LINE OF SAID LANDS A DISTANCE OF 304.53 FEET; THENCE NORTH 89°41'10" EAST ALONG THE NORTHERLY LINE OF SAID LANDS, A DISTANCE OF 224.56 FEET TO A SOUTH WESTERLY CORNER OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 994, PAGE 234, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00°18'50" WEST ALONG A WESTERLY LINE OF SAID LANDS A DISTANCE OF 343.46 FEET TO THE NORTHWEST CORNER OF SAID LANDS; THENCE NORTH 89°41'10" EAST ALONG THE NORTHERLY LINE OF SAID LANDS A DISTANCE OF 1058.88 FEET TO THE NORTHEAST CORNER OF SAID LANDS, SAID CORNER BEING A POINT ON THE WESTERLY LINE OF THE GLADES UNIT TWO AS RECORDED IN PLAT BOOK 10, PAGE 88, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 02°52'43" EAST ALONG THE EASTERLY LINE OF SAID LANDS AND THE WESTERLY LINE OF SAID PLAT A DISTANCE OF 1174.15 FEET, TO A SOUTHEASTERLY CORNER OF SAID LANDS; EXHIBIT A t)8,, i of 0 THENCE SOUTH 47°15'23" WEST ALONG A RADIAL LINE AND ALONG THE SOUTHEASTERLY LINE OF SAID LANDS AND ALONG THE SOUTHEASTERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 165, PAGE 402, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 1280.44 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF U.S. 41 (S.R. 90) TAMIAMI TRAIL AND THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 5788.65 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND SAID NORTHEASTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 00°11'45" AN ARC DISTANCE OF 19.78 FEET TO A NON-TANGENT INTERSECTION WITH THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWESTERLY AND WHOSE RADIUS POINT BEARS SOUTH 50°32'57" WEST 3856.72 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND SAID NORTHEASTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 05°13'20" AN ARC DISTANCE OF 351.53 FEET TO A INTERSECTION WITH THE SOUTHEASTERLY LINE OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1013, PAGE 600, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 42°06'36" EAST ALONG SAID SOUTHEASTERLY LINE OF SAID LANDS A DISTANCE OF 134.02 FEET TO THE CORNER OF SAID LANDS; THENCE NORTHWESTERLY ALONG THE ARC OF A NON-TANGENT CIRCULAR CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS POINT BEARS SOUTH 43°33'26" WEST 5938.65 FEET AND ALONG THE NORTHEASTERLY LINE OF SAID LANDS THROUGH A CENTRAL ANGLE OF 01°26'50" AN ARC DISTANCE OF 150.00 FEET TO THE CORNER OF SAID LANDS; THENCE SOUTH 42°06'36" WEST ALONG THE NORTHWESTERLY LINE OF SAID LANDS A DISTANCE OF 130.41 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF U.S. 41 (S.R. 90) TAMIAMI TRAIL, SAID INTERSECTION BEING A POINT ON THE ARC OF A NON-TANGENT CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS SOUTH 43°05'49" WEST 3856.72 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND SAID NORTHEASTERLY RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 03°44'15"AN ARC DISTANCE OF 251.57 FEET; THENCE NORTH 37°19'32" WEST ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 52.26 FEET; THENCE NORTH 52°02'44" WEST ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 224.62 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF AIRPORT-PULLING ROAD C-31 (S.R. S-858); THENCE NORTH 00°18'50" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 659.22 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 54.91 ACRES OF LAND MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LESS AND EXCEPT THAT PORTION DEEDED FOR STATE OR COUNTY RIGHT-OF-WAY AS APPEAR IN THOSE CERTAIN DEEDS AND INSTRUMENTS RECORDED AT: O.R. BOOK 2061 PAGES 1245 AND 1246; AND/OR UTILITY EASEMENTS AS APPEAR IN THOSE CERTAIN DEEDS AND INSTRUMENTS RECORDED AT: FPL-O.R. BOOK 112 PAGE 219, O.R. BOOK 34 PAGE 91, O.R. BOOK 385 PAGE 34 AND O.R. BOOK 745 PAGE 1272/UTILITY- O.R. BOOK 136 PAGE 434. EXHIBIT A Page of 0 SKETCH AND DESCRIPTION for: eff ° FPL FIBERNET, LLC ' J 3347 E. TAM IAM I TRAIL o SITE` 1 l9�/q� HARRISON RD II 'T�,,� LEGAL DESCRIPTION A TEN FOOT WIDE FIBERNET FIBERNET EASEMENT LYING IN A PORTION o ° OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. LYING 5.0 FEET ON BOTH SIDES OF THE FOLLOWING �c, DESCRIBED LINE: 0\ N m r1P COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12, PROCEED NORTH 00'18'50" WEST, ALONG THE WEST LINE OF SAID SECTION 12, A DISTANCE OF 1533.09 FEET; THENCE DEPARTING SAID r N 1 WEST LINE, PROCEED NORTH 89'41'10" EAST, A DISTANCE OF 934.91 LOCATION SKETCH FEET TO A PROPOSED HANDHOLD, AND THE POINT OF BEGINNING OF NOT TO SCALE THIS CENTERLINE DESCRIPTION. a, r THENCE PROCEED SOUTH 49'27'36" EAST, 24 FEET EASTERLY, AND PARALLEL TO THE EDGE OF PAVEMENT OF ESPINAL BOULEVARD, A DISTANCE OF 176.36 FEET, TO A POINT 5 FEET NORTHERLY OF HARRISON ROAD; THENCE NORTH 88'19'08" EAST, PARALLELING SAID EDGE OF PAVEMENT, A DISTANCE OF 60.00 FEET, PLUS OR MINUS TO w AN EXISTING HANDHOLD, AND THE POINT OF TERMINUS OF THIS DESCRIPTION. 11 LESS AND ACCEPT THE RIGHT—OF—WAY FOR ESPINAL BOULEVARD AND 0 HARRISON ROAD. SAID LANDS CONTAINING 2364± SQUARE FEET. 0' w NOTES: M 1.) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND F . MAPPER. 2.) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP, OR OTHER °' INSTRUMENTS OF RECORD. 3.) THE BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF SECTION, HAVING AN ASSUMED BEARING OF o NORTH 0' 18' 50" WEST. 0 4.) THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. • 5.) THIS IS NOT A BOUNDARY SURVEY. 6.) NOT VALID WITHOUT SHEETS 2 OF 2. W m W CERTIFICATE u I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND • INFORMATION AS SURVEYED UNDER MY DIRECTION ON FEBRUARY 12, 2015. I FURTHER CERTIFY THAT THIS SKETCH OF o DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND ° MAPPERS !N CHAPTER 5J--17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO °o THE QUALIFICATIONS NOTED HEREON. • CI' iLS IRV DE I ROUP, INC. _ --____-- U212ins --- EXHIBIT /'' COPYRIGHT© 2015 o BY: ROBERT N. „ HNSON DATE OF SIGNATURE / of ALL RIGHTS RESERVED PROFESSIONAL SURVEYOR & MAPPER Page FLORIDA REGISTRATION NO. 6540 (FOR THE FIRM) CMLSURV DESIGN GROUP, INC DATE REVISIONS SKETCH AND DESCRIPTION for: CIvILSUy DATE 2/12/15 SCALE N/A FPL FIBERNET, LLC A Tradition of Innovative Engineering FIELD BK N A COLLIER COUNTY, FLORIDA 2400 RHODE ISLAND AVENUE L.B. No.7805 DWG. BY RNJ FORT PIERCE, Florida, 34950 (772) 323-2244 SAW SHEET NO. 1 OF 2 SHEETS File :3347 E TAMIAMI.dwg PROJECT NO. 1 7858 SKETCH AND DESCRIPTION for: FPL FIBERNET, LLC 3347 E. TAM IAM I TRAIL 1- - -1 1 1 IL 1 ,�d//lo%-,. - - - -I_ I NORTH / SCALE: 1'= 50' 'II— (7) / / a 0 25 50 `90 I' N � GRAPHIC SCALE W POINT OF a C, BEGINNING ~ E H ft 934.91 W `' Z N89'41'10"E S49'27'36"E II \ \y I 176.36 a \\ \I\ 24.0', J \ per \ \ I \ \ \ 5.0,E ( OF PROPOSED 10' \ 1\ 10.0 \ WIDE FIBERNET EASEMENT q'a \ a \�9�F�y9\ I \\�S,p FA\ N88.19'o8"E POINT OF CAF I / \ \ 60.0o TERMINUS M \\F,.PO�9\ ) J \\�/ \\ EXISTING N ,� \ p rr0 \ / \'9 / HANDHOLD o 3 \ rat°"p,,,\ / / Y _ c \ AO \ / / EP w W � \ // \� � HARRISON RD. \ / / O g wCO °- Y> / / / Z , in P / / LEGEND &ABBREVIATIONS n `� /// / // Co R. CORNER LJ Z // CENTER LINE r- !l / L.B. LICENSED BUSINESS z LJ / , / O.R. OFFICIAL RECORDS BOOK m iz / OF V2 / P.B. PLAT BOOK 1 / O$LQ / PG. PAGE / `P,<\titi / RGE RANGE a R T / ' / EXH I V I 1 TWP TOWNSHIP o 'S�45- / POB POINT OF BEGINNING o /�,Z.'Q EP EDGE OF PAVEMENT / Page of o qc" / o q49 / I = If 12 COPYRIGHT© 2015 IT V NOTE: ALL RIGHTS RESERVED THIS IS NOT A BOUNDARY SURVEY. CIVILSURV DESIGN GROUP, INC NOT VALID WITHOUT SHEETS J1 OF 2. N DATE REVISIONS SKETCH OF DESCRIPTIONS for: CIvILSuT DATE 2/12/15 SCALE 1"=50' FF'L FIBERNET, LLC A Tradition of Innovative Engineering FIELD BK N A COLLIER COUNTY, FLORIDA 2400 RHODE ISLAND AVENUE L.B. No.7805 DWG. BY RNJ SHEET NO 1 OF 2 SHEETS FORT PIERCE, Florida, 34950 (772) 323-2244 CHK. BY SAW File:3347 E TAMIAMI.dwg PROJECT NO. 1 7858 Cotter County Adrrinistrative Services D. ' • Facilities Management Real Pro t y Management Section 3335 Tamiami Trail E., Suite 101 Naples, FL 34112 Please record the attached documents as follows: 1. Grant of Easement to FPL FiberNet, LLC (7 pages) Copies required: Yes No XXX Charge the following: SEE CHECK ATTACHED Copy of receipt to: REAL PROPERTY MANAGEMENT, Attn.: Sue ORIGINAL DOCUMENTS to be returned to MINUTES & RECORDS Any questions call Sue @ ext. 2622 Thank you. Doc Stamps of .700 alt �t Real Property Management Section•3335 Tamiami Trail East,Suite 101•Naples,Florida 34112-5356.239-252-8991•FAX 239-252-8876