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Centurylink Grant of Utility Easement Project: GOODLAND BOAT PARK Folio No. 46372960201 Project 806111 INSTR 4482532 OR 4612 PG 366 RECORDED 10/6/2010959 AM PAGES 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 GRANT OF UTIlITY EASEMENT This indenture made and executed this fA8.!-i'daYOf Se .ptefl\\xr, 2010, by and between COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamaimi Trail East. Naples, FL 34112, hereinafter referred to as GRANTOR, and EMBARQ FLORIDA, INC., d/b/a CENTURYLlNK a Florida corporation, whose mailing address is 5454 W. 110th St. Mailstop: KSOPKJ0902-RETA, Overland Park, KS, 66211, its successors, assigns, lessees, licensees and agents, hereinafter referred to as GRANTEE. WITNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors or assigns, a non-exclusive easement for the installation of utility facilities on the property more particularly described on Exhibit "A" attached hereto and made a part hereof. hereinafter referred to as Easement Property. TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors or assigns, for the sole purpose to install, construct. operate, maintain, expand, replace and remove underground cables and related facilities or structures as are reasonably necessary. GRANTEE, by acceptance of this easement agrees for itself. its successors, assigns, lessees, licensees and agents, to maintain said easement and in no way to interfere with or hinder at any time access to the Easement Property or adjacent lands by GRANTOR, the general public, 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 any construction, installation, maintenance or repair work performed by GRANTEE, or its contractors, successors, assigns, lessees, licensees and agents. In the event GRANTEE, its successors, assigns, lessees, licensees and agents, shall fail to use this easement for the purpose of providing data transmission service to the County, this Grant of Utility Easement shall automatically terminate and the GRANTEE, its successors, assigns, lessees, licensees and agents, shall vacate, cancel and annul said easement or relevant part thereof by recording in the Public Records an instrument evidencing said cancellation. GRANTOR, its successors or assigns, shall upon said vacation, have the right to require GRANTEE, its successors, assigns, lessees, licensees and agents, to remove any structures, facilities or improvements from Easement property. 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 of facilities or use of the Easement Property described above. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name by its Boqrd ,of County Commissioners acting by the Chairman of said Board, the day and year first above written. BOARD OF COUNTY COMMISSIONERS COLLlE~NTY~ FLORIDA BY: f'L-o.&.- W. ~ FRED W. COYLE, Chairman _ This Convey~nce Approved Dy The Board Of County Commissioners Collier County rlorida PursuJlnt To Agen1a ' Date:'1/';;'l,!JO -.tem No: Ibb ~ . ~ \ ~ \ ~08~~ 11.80' ~ EXHIBIT A Page I of ~ N18'13'47"W 96.75' POINT OF BEGINNING OF CENTERliNE BLocr, D ag'oDJ:.~~'D 1!!FJ:.m:1ii' Flit~"li." ~DDI'l."I01\t (PLAT BOOK B. PAGES 1 AND 2) S12'41'45"E 38,82' N85'50' 31"E S15'12'24"E 88.98' ~.Oo.:!!:1ilo~~~ Ji:~~:!;lJ::;;; ::;;;m:CON'D ADDI"li."ION - (PLAT BOOK B. PAGE 19) POINT OF COMMENCEMENT SOUTHEAST CORNER LOT 33 GOODLAND ISLES SECOND ADDITION S2T27'37"E 43.46' CENTERliNE OF DE5CRIPTlON S53'21 '30"E 91.59' aOODio~~D :Ui.:!YJE:5 ~~C:O:ri!l'D ADD:!!:'l."ICU!'lf (PLAT BOOK B. PAGE 19) E "- ll) o o N ..; ~ "- ., If) If) " .D I- t) t;:; '" If) '" Z :J Z w B '" ~ 'tJ W If) i:5 I '" z :J z w t) I lJ) N lJ) lJ) o o N /' lJ) N lJ) lJ) o o N /' Vi o 25 50 100 , , SCALE IN FEET <P~ o ~.:;y .::)'v (()V NOTES: 1. THIS IS NOT A SURVEY. 2. BEARINGS ARE BASED ON FLORIDA STATE PLANE COORDINATES, FLORIDA EAST ZONE WITH THE SOUTH RIGHT-OF-WAY LINE OF PALM AVENUE HAVING A BEARING OF NORTH 85'16'13" EAST. 3. SUBJECT TO EASEMENTS, RESERVA TIONS AND RESTRICTIONS OF RECORD. 4. NOT VALID WITHOUT SHEET 2 OF 2 SHEETS. ~ ~~ ______ _~~2__~_________ Borry E. ~n (For tli Firm LB#642) Professional Land Surveyor Florida Certificate No. 5365 . "')1\3l-z""O ~~~e V~II~n :C:~h ;;-trt-~~-;t~t~;-a~d-th e original raised seal of a Florida Licensed Surveyor and Mapper. ]OHNSEBN 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE (239) 434-0333 FAX (239) 434-9320 LB. #642 SKETCH AND DESCRIPTION DATE 08/2010 1 OF 2 ~ ~ : ~ DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS A STRIP OF LAND 10 FEET IN WIDTH, LYING 5 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE SOUTHEAST CORNER OF LOT 33 , GOODLAND ISLES SECOND ADDITION, A SUBDIVISION RECORDED IN PLAT BOOK 8, PAGE 19 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND RUN NORTH 81'13'47" WEST ALONG THE EAST LINE OF SAID LOT 33 AND THE WEST LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2972, PAGE 2967 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 96.75 FEET; THENCE NORTH 74'48'08" EAST ALONG THE NORTH LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2972, PAGE 2967, A DISTANCE OF 11.80 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 12'41'45" EAST, A DISTANCE OF 38.82 FEET; THENCE SOUTH 15.12'24" EAST, A DISTANCE OF 88.98 FEET; THENCE SOUTH 89'52'44" EAST, A DISTANCE OF 84.83 FEET; THENCE NORTH 85.50'31" EAST, A DISTANCE OF 139.72 FEET TO POINT "A"; THENCE SOUTH 23"27'37" EAST, A DISTANCE OF 43.46 FEET; THENCE SOUTH 44'48'17" EAST, A DISTANCE OF 83.18 FEET; THENCE SOUTH 53'21'30" EAST, A DISTANCE OF 91.59 FEET TO THE POINT OF TERMINATION. THE SIDE LINES OF SAID TEN FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO MEET ANGLE POINTS ON THE NORTH BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2972, PAGE 2967 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. E CONTAINING 5,706 SQUARE FEET OR 0.13 ACRES OF LAND, MORE OR LESS. a. ll) o o N ..; "- ., If) If) ., .D u If) w Cl '" Z :J Z w B '" ~ 'tJ W If) i:5 I '" Z :J Z w t) I lJ) N lJ) lJ) o o N /' lJ) N lJ) lJ) o o N /' Vi EXHIBIT A Page a.. of ~ 2350 STANFORD COURT NAPLES, FLORIDA 34112 PHONE (239) 434-0333 FAX (239) 434-9320 E.B. #642 SKETCH AND DESCRIPTION DATE SHEET 08/2010 2 OF 2