Whittenberg Access Easement
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INSTR 4494288 OR 4622 PG 1986
RECORDED 11/9/2010404 PM PAGES 3
DWIGHT E BROTCyKClERK OF THE CIRCUIT COURT
COLLIER COUN _
DOC@ 70 SO 70 REC S2/ 00
CONS SO 00
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PROJECT: MPS 312 Rehabilitation
FOLIO: 81820000322
ACCESS EASEMENT
THIS ACCESS EASEMENT (hereinafter referred to as the "Easement") is made and
entered into on this day of , 2010 by and between WHITTENBERG
HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit corporation, whose mailing address
is c/o Ability Management, Inc., 6736 Lone Oak Boulevard, Naples, Florida 34109, 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
3301 Tamiami Trail East, 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 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 constructing, reconstructing, maintaining, repairing and operating
access facilities thereon. 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 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 thereon 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
improvements.
THrs COIfVE
BOARD OF cl~ ACCErnD IV THf
COllIE. C~~T COMMISSIONrRS
PURSUANT TO"AGE FLORIDA, '
DATED: JL;.~- NOA, 'L
(Q ITEM NO. 16~~
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IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and year first above written.
WHITTENBERG HOMEOWNERS
ASSOCIATION, INC., a Florida
non~rporation
By: ~~
Barbara Puch, President
WitrerS (ig ur
Ndf Latrot~
(Print or Type Name)
t IZW- ~ #dC'
Witness (Signature)
I1.vk rI If' II/Ik f",
(Print or Type Name)
STATE OF FLORIDA
COUNTY OF COLLIER
IL
The foregoing Utility and Access Easement was acknowledged before me thisLday
of Ihl6tl5, , 2010, by Barbara Puch, President, on behalf of Whittenberg Homeowners
Association, Inc., a Florida nonprofit corporation who is ~rsonally known to me or who has
produced as identification.
(affix notarial seal)
NOTARY PUBUC.STATE OF FLORIDA
...,,,,'II",~,, Diana M. Carr
i W ~ Commission # DD703467
=....W1l Expi~'s. 1."'JG. 08, 20~1
......... RU ." , :\.'ITIC BON<lING co., INC.
WNDEDTIl n....
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(Si9uture of Notary PUb~
/illlff1 /-1 [~4J / '
(Print Name of Notary Public)
NOTARY PUBLIC D rJ /> II_t 7
Serial/Commission #:(if any)]) /~') T' '
My Commission Expires: (;f/ (f,r! /
Approved as to form and
legal sufficiency:
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Jenn r B. White
Assistant County Attorrey
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Exhibit "A"
Tract HH, Whittenberg Villas, according to the plat thereof recorded in Plat Book 28, Pages 19
to 21 inclusive, of the Public Records of Collier County, Florida.
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Memorandum
TO:
Minutes and Records Management
FROM:
Marlene J. McLaughlin
DATE:
November 17,2010
RE:
MPS 312 Rehabilitation Project
Please find enclosed one (1) original recorded Rights of Entry for the
above referenced project.
The Board of County Commissioners of Collier County, Florida approved
acceptance of all Rights of Entry for the above captioned project on July
27, 2010, item number 16(C)( 1).
Please contact me if you have any questions or comments at extension
#8922.
Thank you,