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Glen Eagle Access Easement PROJECT MPS 312 Rehabilitation & Improvement FOLIO 31055003607 INSTR 4483446 OR 4613 PG 576 RECORDED 10/8/2010 1244 PM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 ACCESS EASEMENT THIS ACCESS EASEMENT (hereinafter referred to as the "Easement") is made and entered into on this 2L day of .4-c..;Tc (J ( , 2010 by and between GLEN EAGLE GOLF & COUNTRY CLUB, INC., a Flo da nonprofit corporation, whose mailing address is 1403 Glen Eagle Boulevard, Naples, FL 34104, 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 and COLLIER COUNTY, a political subdivision of the State of Florida whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, their successors and assigns, collectively 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 access purposes, including vehicles, on, over, upon, across and through 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 for the purpose of access only to utility and transportation facilities contiguous thereto. 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 sh811 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 shall be performed in __ _ ___ _ _ H... _.. :_ _:_:__11" ;.....i-..., ,....;"r, +...... ~...........+,..,r'{' h, ,cincC'C' nrnna.rt\l ~nrl imnrn\/Pmpntc:. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. GLEN EAGLE GOLF & COUNTRY CLUB, I NC, a Florida nonprofit corporation By .tb~4a2V / Ro artell, President 1403 Glen Eagle Boulev2,rd Naoles, FL 34104 STATE OF FLORIDA. COUNTY OF COLLIER The foregoing L.;tility and Access Easement was acknowledged before me this..22:::day of A'/9 v" f , 2010, by Robert Martell, Presicl~~1-Q'lbehalf ~~ Glen Eagle Golf & Country Club, Inc, a Florida nonprofit corporation who is::iJmsoQ.2lly kno"".r:1.lb me or who has produced ____as identification. - C~~L C;' ~h- (Signature of Notary Pu I:c) 6;1"/'" (7'- .5Q'1.b,'rJ7 (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(il any) My Commission Expires (affix notarial seal) '." - ' '(" '/ l": ,j~ ' :t.:\ 'tJ ,- '.- ~~ i'"' '"\. (.J. < .. c...,,~.... ~ "'0"''' Notary PUblic State of Florida Earle 0 S;lr1born My COIl'1111s51on 00815325 Expires 08/1712012 ~ Approved 8~ W lor", I'. leqal Sufficiency ~12).J~ .. _..,----_._~ ~ . ", ~,~,'''' - Ans;~tn'. Cr'(,1i1tv p,ttrt1!~11 r--' i DESCRIPTION OF ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENT EXHIBIT ...A- Pmge I of d- I DESCRIPTION of an Access Easement and Temporary Construction Easement over a portion of an U.R,O,S Easement (Upland Recreational Open Space Easement) and also over a portion of Tract T-1, Golf Course, Lake, Drainage and Maintenance Easement as depicted on the plat of Embassy Woods Golf and Country Club at Bretonne Park, Phase One filed in the Public Records of Collier County in Plat Book 17, Pages 47 through 49, situated in Section 5, Township 50 South, Range 26 East, Collier County Florida and being more particularly described as follows: COMMENCING at the southwest corner of Section 5, Township 50 South, Range 26 East, thence, extending along the west line of Section 5, North 00 degrees 40 minutes 53 seconds West and a distance of 215.00 feet to the POINT OF BEGINNING and running; From said POINT OF BEGINNING and continuing along the west line of Section 5, North 00 degrees 40 minutes 53 seconds West, the distance of 105.00 feet to a point; thence, leaving the said west line of Section 5 and extending over and through an existing 10 foot wide Utility Easement and over that portion of Tract T-1, Golf Course, Lake, Maintenance Easement and over the URO.S. Easement, the next three courses and distances 1) North 68 degrees 53 minutes 02 seconds East, the distance of 34.43 feet to a point, an angle; thence, 2) North 20 degrees 37 minutes 09 seconds East, the distance of 31.32 feet to a point, another angle; thence, 3) North 63 degrees 04 minutes 44 seconds East, the distance of 21.81 feet to a point on the east line of previously mentioned U.R,O,S Easement, thence, along the same, South 02 degrees 58 minutes 02 seconds East, the distance of 41.81 feet to a point; thence, leaving the said line and again extending over the U.R.O.S. Easement, South 53 degrees 30 minutes 25 seconds West, the distance of 6,85 feet to a point, an angle; thence, continuing over the said U.R.O.S. Easement and out and again over the said easement, South 15 degrees 32 minutes 03 seconds East, the distance of 114.85 feet to a point on the north line of a Utility Easement, shown on the referenced plat of Embassy Woods Golf and Country Club,.., said easement being recorded in the Public Records of Collier County in Official Record Book 1426, pages 1720 through 1723; thence, extending along the said north line of the Utility Easement, South 89 degrees 56 minutes 13 seconds West, the distance of 88.76 feet to the first mentioned POINT AND PLACE OF BEGINNING. CONTAINING: 9,284 square feet of land, more or less, Bearings are based on the west line of Section 5, Township 50 South, 26 East, as shown on the Record Plat of Embassy Woods Golf and Country Club at Bretonne Park, Phase One, and filed in the Public Records of Collier County in Plat Book 17, pages 47 through 49. ~ I I SKETCH OF ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENT EXHIBIT 1- ~ ;), ~- J ~;'" ~,~ 'i '"' ;, \\ \ I, \1, \. \e r VEGETATION' :\( I TRi::EORIPUNE \ ~---- >\-, 'j'!,\ " \' I' \ -~\ t> (NOT A SURVEY) U.R.O,S, I EASEMENT ;\ I EMBASSY WOODS GOLF AND ~ ~ COUNTRY CLUB , r:...r:...".... J ~ I PLJ>.T BOOK 17, PAGES 47-49 3e>a~ , m . ",b ?i,<: ~ ; ~. ~ I~ 7-~-'?'~ 'Q \ 6, I // II'" ) ,,'" iv / ~!~ I Y//;!I/ I I <.'\ ! t:GETATIC N \ " / I 8'HGHeHAIN ]L1NE .?~.;;;!-< ( UNKF:::NCE ~ \' J""-;' \ '- '~""-;()'t'" t~W;;'-'j' I, I I , FLORIDA DEPARTMENT OF TRANSPORTATION (O,R, BOOK 2430: PAGE 930) I ~~o 10. 12 6 Wig~A;~%~~~ A "t I (\\ '0' U E _.J:c..c,f"o.c , \ , ,. I" "! 11 'sJ/ , I '.' ,ACCeSS &.tEMP()RA~Y T -I:. TEMPo.P.ARY:EASEMENT r OP OF BANK "-':; nB4SQUAREFEET VI WOOD AI..~ ..,. URO,S. 'I :8t1ER ~,~I.R EASEMENT ~.z EM9ASSYWOODS:GOLU.)\D COUffTRYCLVB I :J1.; PLAt ~OOK.17iP~~ES 4.7-'19 . , ;ISS9'56'13"W t~ c ,'-- ~~'~8~':CHAIN ~ \ LINK FENCE JJI \ P.O.B. I I' / . - 1:1 ~ ~H r'~~"~!' I LINK FENCE I ~O~-o~o_ , _ _ n....D. - --e=::----- 4~~~J-=____=_----_..~._--.---.~=- ACCESS, DRAINAGE AND g- \:------~- MAlNTENANCE EASEMENT .;: ""- (O.R. Book2G43. pag.. 09341 1- 5' WIDE CONCRt:.TE . SIDEVVALK I I WOOD POWER POLE BO::-OM ~w EA~K POND I 1---- I ! UTiLITY EASEMENT OR. BOOK 1426, PAGE 1720-1723 ....c........-.-------:l..-- TRACT 'H- lAGO VllI.AGGIO l'lA' BOOK 38, PAGES 11 .14 COUNTY UTILITY EASEMENT (CUE) WITHIN 80' WIDE DRAINAGE EASEMENT EMBASSY WOODS GOLF AND COUNTRY CLUB ?J,T B()OK 17, PAGES 47-49 COl.lIER COUNTY i2 Q ~ ----- --~:.-- ^ r1~ -i~l-+- NV \ ~5' C .IJ .t.:.._ PL~T NORT-j TRACTT-I GOLF COURSE, LAKE DRAINAGE, AND MAINTENANCE EASEMENT EMBASSY WOODS GOLF AND COUNTRY CLUB PLAT BOOK 17, PAGES 47-49 ------------ ~ =-u-- l~(\>1g~[j): U.E, - UTll..iTY EASEMENT U.R.O.S. - UPLAND RECREATIONAL OPEN SPACE P,O.B - POINT OF BEGINNING P.O,C. - POINT OF COMMENCEMENT OR. OFFICIAL RECORD OHW - OVERHEAD WIRES GEAPHIC SCALE C JO ~, -.- .. - ( TN FEET inch = 30 4.'5 GG I~ ) II.. ( ~---~....\, " -L--L-j'),\1 \ '~I" .' C' I /'~ ~r/;.'k~ Cr.tc'f n 10' (STEP EN A. KIIN,Slil, P,SM-:--~- ~~: ,~~ ~~~~~ ?5,~,~~:!!R LS 5194