Loading...
Imperial Golf Utility & Access EasementINSTR 4454258 OR 4587 PG 612 RECORDED 7/19/2010 9:10 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $0.70 REC $35.50 PROJECT: Lift Station 112.06 Improvements CONS $0.00 FOLIO: 00151920000 - UTILITY AND ACCESS EASEMENT THIS UTILITY AND ACCESS EASEMENT (herer'nafter referred to as the "Easement ") is made and entered into on this Aq day of , 2010 by and between IMPERIAL GOLF CLUB, INC., a Florida corporatio , whose address is 1808 Imperial Golf Course Boulevard, Naples, Florida, 34110 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 utility and access purposes, over, under, upon, through and across 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, excavate, and place or remove materials including, but not limited to, water, raw water, irrigation quality water, wastewater and sanitary sewer lines and pipes, and other equipment or improvements appurtenant thereto or thereunder, for the purpose of operating, and maintaining utility 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 Grantor shall maintain the easement described herein in a good state of repair at the sole cost and expense of Grantor, 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. Notwithstanding anything contained herein, Grantor shall have no liability for maintenance or repair of any permitted equipment or improvements. THIS CONVEYANCE ACCEPTED BY T,;[ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, 910RIDA, PURSUANT TC THE OPO VISIONS q JF RESOLUTION COI o �3l IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. 12�— '�� - Witness (Sign ) 1<0e-052 (Print or Typame) Witn Tt C-4 (Print or pe N e) STATE OF FLORIDA COUNTY OF COLLIER IMPERIAL GOLF CLUB, INC., a Florida corporatioo �hn Hei §tad, President 1808 Imperial Golf Course Boulevard Naples, Florida 34110 The foregoing Utility and Access Easement was acknowledged before me thi522bay 00cc/Ak , 2010, by John Heistad, on behalf of Imperial Gol Clu , Inc., 9 Florida' corporation who is personally known tome or who has produced as identification. (affix notarial seal) Approved as to form and lega(ll sufficiency: Jenhftr B. White Assistant County Attorney 0(17/ 1,- ignatu f Notary Public /UI0�. (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission *(if any) My Commission Expires: DESCRIPTION OF UTILITY EASEMENT EXHIBIT, Pap—L--d COMMENCING at the intersection of the centerline of Imperial Golf Course Blvd.(100 foot right -of -way) (running east/west) and the centerline of Imperial Golf Course Blvd. (60 foot right -of -way) (running north /south) as shown on the accompanying sketch, thence, along the north /south centerline of Imperial Golf Course Blvd. South 05 degrees 27 minutes 24 seconds East, the distance of 86.06 feet; thence, leaving the said centerline and extending South 84 degrees 32 minutes 36 seconds West, the distance of 30.00 feet to the point of curve along the westerly right -of -way line of Imperial Golf Course Blvd.; thence, along the said right -of -way line and along the arc of a circle cueing to the left in a northwesterly direction, having a radius of 34.51 feet and an arc length of 23.15 feet, having a chord bearing North 24 degrees 40 minutes 13 seconds West and a chord distance of 22.71 feet to the POINT OF BEGINNING of the parcel of land herein being described. From said POINT OF BEGINNING and extending over lands now or formerly "Imperial Golf Club, Inc. ", North 63 degrees 00 minutes 22 seconds West, the distance of 17.98 feet to a point; thence, continuing over the same lands, North 03 degrees 18 minutes 53 seconds West, the distance of 1.29 feet to a point on a curve on the aforementioned right -of -way line of Imperial Golf Course Blvd.; thence, along the said right -of -way line on the arc of a circle curving to the right in a southeasterly direction, having a radius of 34.51 feet and an arc length of 18.90 feet, having a chord bearing South 59 degrees 34 minutes 24 seconds East and a chord distance of 18.66 feet to the POINT AND PLACE OF BEGINNING Containing 26.1 square feet of land, more or less. Bearings are based on the plat of Imperial Golf Estates, Phase Three, filed in Plat Book 13, pages 52 - 54, in the Public Records of Collier County, Florida. 4 EN A. HIGG DA SURVEY ER COUNTY 0 P.S.M. APPER LS 5194 SKETCH OF UTILITY EASEMENT (NOT A SURVEY) EXHIB�'. Point Of Commencment\ I OLF BOURSE BLVD- - IMPERI A L G CENTERLINE 00' WISE RIGHT -OF-W AY)) c 2' WIDE CONC. VALLEY GUTTER Edge 01 P_me= I I -v M o H M � Un = O N 1 1 m C I 1 4N to 8' HIGH CHAIN '; '�� m LINK FENCE PLAT 1 \ 1 � I NORTH ; ; I v I 1 CONCRETE I I 1 I PAD WITANK I I 1 1 1 � r I 1 I I m ° CONCRETE ANTENNA UTILITY PAD ' EASEMENT o CONTROL I I 26.1 SQ. FT. PANAL I I I �' o+ N63o� 8 I I 00 00 ni 0 0 Point Of I Beginning A,4NDS OO F IMPERIAL GnEF CLUB INC. C -1 = Delta =38 °25'39" Radius= 34.51' Length= 23.15' Chord Bearing =N24 °40'13 'W Chord= 22.71' C -2 = Delta =31 °22'42" Radius= 34.51' Length= 18.90' Chord Bearing =S59 034124 "E Chord= 18.66' GRAPHIC SCALE 0 10 is 20 ( IN FEET ) 1 inch = 10 ft. SHEET 2 OF 2 EXISTING RIGHT - OF -WAY LINE CONCRETE PAD W/ GENERATOR I I n I I I I I ----- L---------- - - -1-4 ----------- I 84 °32'36 "VW I I FD I.P. (NO ID) 1 LAT:26 °17'28.6" I LONG: 810 46'48.6" , COODINATES ACQUIRED FROM ST PHE . HIGGIN II S.M. HANDHELD GPS UNIT FL IDA URVEYO & PER LS 5154 NOT SURVEY GRADE COLLIER COUNTY S YOR COLLIER COUNTY Engineering and Environmental Service Department 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239-252-6885 Fax 239 - 252 -6476 Date: I Project No: File No: SCALE: 05/03/2010 IMPERIAL 1" = 10'