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Creekside Access Easement ,4 , '. PROJECT: Livingston Road Wells Interconnect FOLIO: 00168044005 ACCESS EASEMENT THIS ACCESS EASEMENT (her inaft~r referred to as the "Easement") is made and entered into on this J...1rl day of , 2010 by and between CREEKSIDE EAST, INC., a Florida corporation, woe mailing address is 2600 Golden Gate Parkway, Naples, Florida 34105, 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, operating and relocating 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 herein 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 equipment or improvements. rrJb INSTR 4424018 OR 4561 PG 1835 RECORDED 4/30/2010 3:29 PM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $35.50 CONS $0.00 THIS CONVEYANCE ACCEPTED BY T,;~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY I=LORIDA, PURSUANT TO THf t"JR0VISIONS 7C1 JF RESOLLlTION I\jl ~/O -:::> L BARRON COLLIER CO FILE NUMBER IfL{cP5 ..,' , ... IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Th~ foregoing Utility and Access Easement was acknowledged before me thi&d..JJtday of ,2010, by David K. Borden, on behalf of Creekside East, Inc., a Florida cor 0 ation who is personally known to me or who has produced identification. LaVerne M. Webb (Print or Type Name) {II~ IJ{;U& Witness (Signature) r1ff I; ~(")rt AJichol <: ( rint or Type Name) STATE OF FLORIDA COUNTY OF COLLIER CREEKSIDE EAST, INC., a Florida ::rP?1/Z~ David K. Borden, President 2600 Golden Gate Parkway Naples, Florida 34105 as (affix notarial seal) NOTARY Pl.:BLIC-STATE OF FLORIDA ~""""""" Lynn Krueger g W ~ Commission #DD910238 \~..: Expires: AUG. 27, 2010 mEn THRU An.A.'mCBOND~G CO., INC. .>'7t, :. / ~AA 1AAAf~ Igna e of Notary' Public) Lynn Krueger (Print Name of Notary Public) NOTARY PUBLIC {;Y Serial/Commission #:(if any) DO 1/ OJ J 4 My Commission Expires: ~ l-t '1' d ') i J 0 / r) 4./!p1!oyt;.1. ~. to "Ol'll1 ji_ ... leL~~ J O~ flub" . . . JQJtltlc , , " BARRON COLLIER CO FILE NUMBER I Jl/lPS I , , 9# EXHIBIT ....d- Paae 1 ".- :J- DESCRIPTION OF 20' WIDE ACCESS EASEMENT I COMMENCfNG AT THE NORTIfEAST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, THENCE, ALONG THE EAST LINE OF SECTION 27, sourn 01 DEGREES 09 MlNUTES 43 SECONDS EAST THE DISTANCE OF 135.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED; THENCE, FROM SAID POINT OF BEGINNING AND CONTlNUING ALONG THE EAST LINE OF SECTION 27, sourn 01 DEGREES 09 MINUTES 43 SECONDS EAST, THE DISTANCE OF 15.00 FEET TO A POINT ON TIfE SOUTH RIGHT -OF- WAY LINE OF IMMOKALEE ROAD (S.R. 846) ACCORDING THE PLAT OF "SOUTHWEST PROFESSIONAL HEALTH PARK" FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN PLAT BOOK 28, PAGES 53 & 54, THENCE, LEAVING TIlE SAID EAST LINE OF SECTION 27 AND EXTENDING SOUTII 88 DEGREES 51 MINUTES 52 SECONDS WEST THE DISTANCE OF 3.14 FEET TO A POINT OF CUR V A TURE; THENCE, ALONG THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 23.55 FEET, HAVING A CHORD BEARING SOUTH 43 DEGREES 52 MINUTES 44 SECONDS WEST AND A CHORD DISTANCE OF 21.21 FEET TO A POINT OF TANGENCY, THENCE, SOUTH 01 DEGREES 06 MINUTES 23 SECONDS EAST, THE DISTANCE OF 58.57 FEET TO A POINT OF A CURVATURE; THENCE, ALONG THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 61.00 FEET, AN ARC LENGTII OF 48.36 FEET, HAVING A CHORD BEARING SOUTH 21 DEGREES 36 SECONDS 12 SECONDS WEST AND A CHORD DISTANCE OF 47.10 FEET TO A POINT ON THE EASTERLY LINE OF AN EXISTING 15 FOOT WIDE UTILITY EASEMENT AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN OR BOOK 1159, PAGE 1654; TIIENCE ALONG THE EASTERLY LINE OF THE SAID EASEMENT NORTH 01 DEGREES 09 MINUTES 43 SECONDS WEST, (TillS LINE BEING PARALLEL TO AND 65 FEET WEST OF THE EAST LINE OF SECTION 27), FOR A DISTANCE OF 28.05 FEET TO A POINT; THENCE LEAVING THE SAID LINE AND EXTENDING NORTH 44 DEGREES 18 MINUfES 47 SECONDS EAST, THE DISTANCE OF 20.38 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A RADIUS OF 41.00 FEET, AN ARC LENGTH OF 32.50 FEET, HAVING A CHORD BEARING NORTH 21 DEGREES 36 MINUTES 12 SECONDS EAST AND A CHORD DISTANCE OF 31.66 FEET TO A POINT OF TANGENCY; THENCE, NORTH 01 DEGREES 06 MINUTES 23 SECONDS WEST, THE DISTANCE OF 58.57 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 35.00 FEET, AN ARC LENGTH 37.35 FEET, HAVING A CHORD BEARING NORTH 29 DEGREES 28 MINUTES 05 SECONDS EAST AND A CHORD DISTANCE OF 35.61 FEET TO A POINT ON TIfE RIGHT-OF-WAY LINE OF IMMOKALEE ROAD (SR 846) (WIDTH VARIES), THENCE ALONG TIfE SAME LINE, SOUTH 00 DEGREES 10 MINUTES 20 SECONDS WEST, THE DISTANCE OF 0.24 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG THE RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, SOUTH 89 DEGREES 49 MINUTES 40 SECONDS EAST THE DISTANCE OF 18.02 FEET TO ANOTHER ANGLE POINT; TIfENCE CONTINUING ALONG TIfE SAME, NORTH 89 DEGREES 12 MINUTES 58 SECONDS EAST, THE DISTANCE OF 2.00 FEET TO TIfE POINT AND PLACE OF BEGINNING. BEING A 20 FOOT WIDE ACCESS EASEMENT . BEARING ARE BASED ON THE ABOVE REFERENCED PROPOSED PLAT OF "CREEKSIDE COMMERCE PARK EAST" SlEPHEN A. HIGGINS III. P.S."'. FLORIDA SURVEYOR & MAPPER LS 5194 COUIER COUNTY SURVEYOR SEE SKETCH SHEET 2 OF 2 COLLIER COUNlY .Engineering and Environmental Service Department 2llOO NoJ1b Horscshoo Drive, Naples Florida 34104 Phon.: 239-252-<5885 Fox 239-252-6476 SIKIEIET ~ (Q)f 2 Dale: TProject No: 03/24/2010 1. ~ 30' ,FileNo; I PL - PARCEL 'C' SCAL!!: BARR N COLLIER CO E NUMBER / /l{{p5 . , r1 EXHIBIT A Page I ftI ;).. SKETCH OF 20' WIDE ACCESS EASEMENT (NOT A SURVEY) ~ 27 !~DI I P.D.C. I ~ Northeast Comer ~ Section 27 ~ m IMMOKALEE ROAD (S.R. 846). I I E . ting Easement O.R. Book 616 I PF 1912 I 1!1 I ~ ~/ I ~ Il H( :/ o~ ,I ~~ ~ I ;0 - I ~ ~ II 0, Cl c;') If;; ~ . Cl I . o;S :.:; b 1:& I ~ I;: I I .~ ~ I: 65' :j 0,13 or. I ~ 50 t>J I I lJ t>:l I~ I c;') IlJ c:: ~ ~ 11f':: I\> :>> ~ t>J Co) llg I : i I; ~ I iJ ; Il~ I. ~~ ~ ~ t ~ g; ~ 0/1 /J. I : ~ I / I /) ~~ Y / / ~EV I ~ / I-~ 1 ....~..l(, / " ~ 1f'.;'9' /1 /'/y ~ I ~81; ,~t"" / ~ ~4 <t/~. ~ I~~/ '/ 1/ I I (I I I I t t t ,- .../ d/ I h I I", I~ I~ If:l 1m I I I I", If'> I~ 1 I r I I / / I I /(1 L.1 ~ I~ It'i m PI.A T NORTl-i ~ ~ I IMMOKALEE ROAD (S.R. 846) P.D.B. RIGHT-OF-WAY LINE 'SOUVHWEST l!"ROiFESSIO~L HUlL TH P.4IRK' PLAT BOOK 28, PAGES 53 & 54 GRAPHIC SCALE ~~o ( IN FEET ) inch = 30 rt. I i'<,l'ii ~ 5 t; G "' w "' "' 15 15 !l! W :J 3 ~ ~ I I LINE TABLE L.l = S68'Sl'S2W 3.14' L-2 = SOO'10'20'W 0.24' L-3 = S89'49'40.E 18.0? L4 = N89'12'58"E 2.00' CURVE TABLE NUMBER RADIUS LENGTH CHD BEARING CHORD DELTA C-l 15.00' 23.55' S43'52'44 'W 21.21' 89'S8'15' C-2 81.00' 48.38' S21'3Q'12W 47.10' 45'25'10' C-3 41.00' 32.50' N21'36'12"E 31.66' 45'25'10' C-4 35.00' 37.35' N29'28'05"E 35.61' 61'08'56' CREEKSIDE IE<Io\ST, INC O.R. BOOK 3703. PAGE 2314 N89'48'50.E 80.00' BEARINGS ARE BASED ON THE PROPOSED PlAT FOR 'CREEKSIDE COMMERCE PARK EAST' I~ en 1'-1 STEPHEN A. HIGGINS III, P.S.M. FLORIDA SURVEYOR & MAPPER LS 619-1 COLLIER COUmY SURVEYOR COLILIER COUNTY BOAIRD I OIF COiUI\ITY COMMISSDOIMIEAS OR. BOOK 1048, PAGE 1796 COLLIER COUNTY Engineering and Environmental Service Department 2&00 North Hone,hoo Drive, Naplos Florida 34104 ' Ph<mo: 239-252~885 Pax 239-252-6476 Da1c: Proje<>t No: 03/24/2010 $lHIfEtE1I" 2 OlF 2 SA RON COLLIER CO ILE NUMBER I f l{ (p ..f ..., ,.... .' DESCRIPTION OF 20' WIDE ACCESS EASEMENT COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSIllP 48 SOUTH, RANGE 25 EAST, THENCE, ALONG THE EAST LINE OF SECTION 27, SOUTH 01 DEGREES 09 MINUTES 43 SECONDS EAST THE DISTANCE OF 135.00 FEET TO THE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED; THENCE, FROM SAID POINT OF BEGINNING AND CONTINUING ALONG THE EAST LINE OF SECTION 27, SOUTH 01 DEGREES 09 MINUTES 43 SECONDS EAST, THE DISTANCE OF 15.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD (S.R. 846) ACCORDING THE PLAT OF "SOUTHWEST PROFESSIONAL HEALTH PARK" FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN PLAT BOOK 28, PAGES 53 & 54, THENCE, LEAVING THE SAID EAST LINE OF SECTION 27 AND EXTENDING SOUTH 88 DEGREES 51 MINUTES 52 SECONDS WEST THE DISTANCE OF 3.14 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 23.55 FEET, HAVING A CHORD BEARING SOUTH 43 DEGREES 52 MINUTES 44 SECONDS WEST AND A CHORD DISTANCE OF 21.21 FEET TO A POINT OF TANGENCY, THENCE, SOUTH 01 DEGREES 06 MINUTES 23 SECONDS EAST, THE DISTANCE OF 58.57 FEET TO A POINT OF A CURVATURE; THENCE, ALONG THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 61.00 FEET, AN ARC LENGTH OF 48.36 FEET, HAVING A CHORD BEARING SOUTH 21 DEGREES 36 SECONDS 12 SECONDS WEST AND A CHORD DISTANCE OF 47.10 FEET TO A POINT ON THE EASTERLY LINE OF AN EXISTING 15 FOOT WIDE UTILITY EASEMENT AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA IN OR. BOOK 1159, PAGE 1654; THENCE ALONG THE EASTERLY LINE OF THE SAID EASEMENT NORTH 01 DEGREES 09 MINUTES 43 SECONDS WEST, (TIllS LINE BEING PARALLEL TO AND 65 FEET WEST OF THE EAST LINE OF SECTION 27), FOR A DISTANCE OF 28.05 FEET TO A POINT; THENCE LEAVING THE SAID LINE AND EXTENDING NORTH 44 DEGREES 18 MINUTES 47 SECONDS EAST, THE DISTANCE OF 20.38 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A RADIUS OF 41.00 FEET, AN ARC LENGTH OF 32.50 FEET, HAVING A CHORD BEARING NORTH 21 DEGREES 36 MINUTES 12 SECONDS EAST AND A CHORD DISTANCE OF 31.66 FEET TO A POINT OF TANGENCY; THENCE, NORTH 01 DEGREES 06 MINUTES 23 SECONDS WEST, THE DISTANCE OF 58.57 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 35.00 FEET, AN ARC LENGTH 37.35 FEET, HAVING A CHORD BEARING NORTH 29 DEGREES 28 MINUTES 05 SECONDS EAST AND A CHORD DISTANCE OF 35.61 FEET TO A POINT ON THE RIGHT-OF-WAY LINE OF IMMOKALEE ROAD (SR 846) (WIDTH VARIES), THENCE ALONG THE SAME LINE, SOUTH 00 DEGREES 10 MINUTES 20 SECONDS WEST, THE DISTANCE OF 0.24 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG THE RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, SOUTH 89 DEGREES 49 MINUTES 40 SECONDS EAST THE DISTANCE OF 18.02 FEET TO ANOTHER ANGLE POINT; THENCE CONTINUING ALONG THE SAME, NORTH 89 DEGREES 12 MINUTES 58 SECONDS EAST, THE DISTANCE OF 2.00 FEET TO THE POINT AND PLACE OF BEGINNING. BEING A 20 FOOT WIDE ACCESS EASEMENT . BEARING ARE BASED ON THE EAST LINE OF SECTION 27, TOWNSIllP 48 SOUTH, RANGE 25 EAST, (ASSUMED). SEE SKETCH SHEET 2 OF 2 COLLIER COUNTY Engineering and Environmental Service Department 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239-252-6885 Fax 239-252-6476 ~IK][ElEiJ ~ (Q)!F ~ Date: Project No: 03/2412010 File No: SCALE: PL - PARCEL .C. 1" = 30' " . ,.,. SKETCH OF 20. WIDE ACCESS EASEMENT (NOT A SURVEY) IMMOKALEE ROAD (S.R. 846) I I RIGHT-OF-WAY LINE E isting Easement O.R. Book 616 I PF 1912 I I r11 ~~/ ~ 1 (> I : +~H' 0<;) I ~~ 1\ \ ~ ~ I ~ ~ \:rn to 0 1 . o "'-:l ~ t:::I 1:8 I ~ I ~ ~ \ I : ~ 1\ Ci:j ~ ~ '1 ~ I 65' ~ Cllb . ~ I ~ 50 t:>J I I lJ t:>J I~ I <;) IlJ~ ~f:2 \I~ t\J :h:~ t:>JC/) I~ I ~~ I ~~ II ~~ I:~ to '-3 Cll t:>J V '-3 V I ~~ JI ~ Ii ~ ~ r 0/1 /~ I ~ ~ y /~~) I I~I Y~9 / / t>j ~ I '! ~// / I f:2 I ~~ ,:;~~ ~ ?N1 e;r.i'~' ~ I~ ~/i' / 1/ 1 1 (I I I I t t t - ,- ...../ eJl I ~ I len I~ lai I~ 1m I I I 1<11 I!'" I!:!J I I ~ I I I I / 1 1(1 I I I 22 23 27 I I~ ~ w m L-1 ~ \g \~ m I ~I~ is is ti ti UJ UJ en en ~ ~ UJ UJ Z z ::J ::J ~ ~ I I P.D.C. Northeast Comer Section 27 PLAT NORlli ~ ~ b q IMMOKALEE ROAD (S.R. 846) P.D.B. RIGHT-OF-WAY LINE "SOl!JJ'1!'~'WIES'1!' IJllIROfIESS~(Q)~~l ~Ul nlllP'~u:1~' PLAT BOOK 28, PAGES 53 & 54 GRAPHIC SCALE o 30 ~ 45 I 60 I ( IN FEET ) 1 inch = 30 ft. LINE TABLE L-1 = SBBo51'52"W 3.14' L-2 = SOoo10'20"W 0.24' L-3 = S89049'40"E 1B.02' L-4 = N89012'S8"E 2.00' CURVE TABLE NUMBER RADIUS LENGTH CHD BEARING CHORD DELTA C-1 15.00' 23.SS' S43OS2'44"W 21.21' 89058'15. C-2 61.00' 48.36' S21036'12"W 47.10' 45025'10. C-3 41.00' 32.50' N21036'12"E 31.66' 4S02S'10. C-4 35.00' 37.3S' N29028'OS"E 35.61' 61008'S6" (cu:1IEIE~SmC)[c US'1!', ~1NJ(c OR BOOK 3703, PAGE 2314 N89048'SO.E COD-IUIER ICOIUl~IT IaO~IFR\Q) I Of 1C00UJINln' (CrolMlM~SSOOINlIEIAlS O.R. BOOK 1048, PAGE 1796 ~1HI~~'iJ ~ (Q)!F ~ 80.00' BEARINGS ARE BASED ON THE PROPOSED PLAT FOR "CREEKSIDE COMMERCE PARK EAST" ~ ~ I~ '" l"l . . r;(n Ita m,p.S.M. FLORIDA SURV MAPPER LS 6194 COLLIER COUNTY SURVEYOR COLLIER COUNTY Engineering and Environmental Service Department 2800 North Honeshoe Drive, Naples Florida 34104 Phone: 239-252-6885 Fax 239-252-6476 Date: Project No: FIle No: SCALE: 03/24/2010 PL - PARCEL 'C' 1" = 30'