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P.S. 19 Wynn Properties/Ace Hardware Non-Exclusive Access Easement INSTR 5473849 OR 5451 PG 271 RECORDED 11/22/2017 9:07 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA PROJECT: Basin 305-P.S.19 DOC@.70$0.70 REC$27.00 PARCEL: Wynn Properties/Ace Hardware FOLIO: 00394480006 This Non-Exclusive Access Easement accepted by BCC pursuant to Resolution 2010-39 NON-EXCLUSIVE ACCESS EASEMENT THIS NON-EXCLUSIVE ACCESS EASEMENT is made and entered into this znci day of [(O\(e(Y1bt.X , 2017, by WYNN PROPERTIES, INC., a Florida corporation, whose mailing address is 9220 Bonita Beach Road, Suite 200, Bonita Springs, FL 34135, (hereinafter referred to 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 address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, its successors and assigns (hereinafter referred to as "Grantee"). Wherever used herein, the terms"Grantor" and "Grantee" include all parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires. 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, a perpetual, non-exclusive easement for access upon and across the following described lands (the "Easement Area") 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 EASEMENT IS SUBJECT TO THE FOLLOWING CONDITIONS AND RESTRICTIONS AGREED TO BY GRANTOR AND GRANTEE: Grantee's access right is limited to its transport of personnel, vehicles and equipment reasonably necessary for the conduct of Grantee's public utility operations and responsibilities upon an adjoining property. There shall be no storage or staging of equipment within the access area. Grantee shall have no right to alter any part of the Easement Area, except that Grantee shall be obliged to repair any damage within the Easement Area that is caused by or related to Grantee's use thereof. Grantor may alter the paved isles and driveways that constitute this Easement Area, provided that Grantor must assure that there is always uninterrupted, paved, motor vehicle access from U.S. 41 (Tamiami Trail) right-of-way to the Northeast corner of the access area and Grantee's further easement adjacent thereto. THIS PROPERTY IS NOT HOMESTEAD OF GRANTOR. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon and across said land for the purpose of vehicular and pedestrian access. Grantee shall have the right to improve and maintain the Easement Area as required for uninterrupted vehicular and pedestrian access. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused this Non-Exclusive Access Easement to be executed the date and year first above written. ATTEST: WYNN PROPERTIES, INC. • , a Florida corp.raC on AA ' _� &__M!►' 0 . , 4 WI e� Signa . *Alit&/ `0 ( LJ \ By -ff ey D. ynn ig Name Its. P'-sident -1-k),‘I ar4 --- Witness Signature -- i•N eIe( Print Name n Q su [ ri Name Notary] Commission#FF ci A3 9'9.8 My Commission Expires: 11-5-1 9 ACKNOWLEDGMENT STATE OF f C ) COUNTY OF L/2A ) The foregoing Non-Exclusive Access Easement was acknowledged before me this ay of 2017, by Jeffrey D. Wynn as President of Wynn Properties, Inc., who [X] is personally known to me or 1 1 has produced [type of I.D.] as identification. / gj1!_ O& tlP#AP_ _ [Si reofNo : ] "'•''fir;., SYDNEY CASWELL Si�'r:'t.� I. ` t*., ;'= MY COMMISSION#FF933998 EXPIRES November 05,2019. — ♦ IC _ 12 1.t so;0;4163 FlondattoterySorvice.ear ['rin Name uf N C. - mission# F:Notaryl 33 cia 8 My Commission Expires: 11-5- 19 Approved as toformand legality: By. `� '1 Jennifer A elpedio, Ass' ounty Attorneycy, <trt� O� \ EXHIBIT "A" All paved drive aisles and driveways located on the following described property: 4433 Tamiami Trail East, Naples, Florida Part of Parcel # 00394480006 Commencing at the Southeast corner of Section 13, Township 50 South, Range 25 East, Collier County, Florida; thence run North 01 03520"West 149.72 feet along the East boundary of said Section to the Northeasterly right-of-way line of U.S. 41 (Tamiami Trail);thence North 39°05'20"West 1685.65 feet along the Northeasterly right-of-way line of U.S. 41 (Tamiami Trail)to the Point of Beginning; thence North 39°05'20"West 200 feet along said line;thence North 50°54'40" East 380 feet;thence South 39°05'20" East 169 feet; thence South 50°54'40"West 27 feet; thence South 39°05'20" East 31 feet;thence South 50°54'40"West 353 feet to the Point of Beginning; as such paved areas may exist from time to time, provided that there shall always be uninterrupted paved access from the U.S. 41 (Tamiami Trail) right-of-way to the Northeast corner of Parcel#00394480006.