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Parcel 144INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: MAUREEN KENYON CLERK TO THE BOARD JEAN JOURD/~q, REAL PROPERTY SPECIALIST II · REAL PROPERTY MANAGEMENT DEPARTMENT ~" JUNE 25, 1999 RADIO ROAD PROJECT RESOLUTION 98-105 AGENDA ITEM 16. B.7 Attached is the following original document for your safekeeping: DEEDS Warranty Deed OFFICIAL RECORD BOOK 2559 PAGES 1817-1819 attachment as stated PROJECT: Radio Road PARCEL: 144 FOLIO: 00399320006 2492485 OR: 2559 PG: 1817 WARRANTY DEED THIS WARRANTY DEED made this / ''': day of .'¢ 19;!~) , by OWEN M. WARD, as Trustee, under that certain Declaration of Land Trust. dated as of June 18, 1986 (hereinafter singularly or collectively called the Grantor), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post-office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter called the Grantee). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WlTNESSETH: That the Grantor, for and in consideration of the sum ~f Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate 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 PROVISION TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is iawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances excepl as noted above. ~ property has b:en ~c'l, ulr~d under throat of cond~.mnr:t;:q ;:' :: :-; c:,:;:n2~' fror3 doeumenta~ stamp tax T~[S ¢0;;VEYANCE ACCEPTED BY THE] F:..::?, Or COUNTf COHMISSICNERS, F:_'.:£R, C0UNT¥, FLORIDA, r!iq [~'~'~; ,r T~Oo THE PROJ~ISIONS CF F:[.,3LUT[O,I NO. J OR: 2559 PG: I 918 Page 2 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. AS TO OWNER: DATED: Witness (Signature) Name: ,~' ,',' ' i '. ', ./.' (Print or Type) / / Wit~ess (Signature) Name: I~,f'.H[[ C. FRISHE (Print or Type) ovgEN"'~'.~w~A~D, a~ Trustee, under that certain Declaration of Land Trust, dated as of June 18, 1986 STATE OF COUNTY OF~ CLL! &c__Theforegoing Warranty was acknowledged me this ] day of Deed before , 1999, Owen M. Ward, as Trustee, under that cedain Declaration Of Land Ttust, dated June 18, 1986 who is personally known to me or who has produced as identification. / (Signature of Notary Public) RACH£L C. FRISH£ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: -- .z'- · '*"~OR: 2559 ?G: !c,9 *** : EXHIBIT "A " SECTtu/! -' TOWHSHIP 50 SOUTH, COLLIER CQUNTY, FLQRIDA LAND DESCRIPTION ~JtO DEgCR~P~ON CF RICHT-OF- WAY J rC~ ~ C~T~iCE Or ~14.64 FEET, A CENTRAL [fEr TO A POINT OF IN~RSECTION . ~021,22 ~ HORD~C~LY OF SECDOtt 3-50-26 '~ ~{ EnS~;C SOUmERLY RICH ,:;, ~c.T ~, TC~t,S~.'P 4~ 5OUDf. fl~GE 2fi fAST Bf~fl/tIC SO'gDt 82'fi5'2~" SKETCH ArID DESCRIPTION NOT A SURVEY ,'. · mm,,. RUND^GE,~= Real Property Management Department (774-8991) DATE: JULY 14, 1999 TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM: JEAN JOURDAN, REAL PROPERTY SPECIALIST II REAL PROPERTY MANAGEMENT DEPARTMENT RE: RADIO ROAD FUTURE FOUR-LANING FPL UTILITY SUBORDINATION VEO JUL 14 i999 Attached you will find an original Subordination of Utility Interests which must be executed by Pamela S. Mac'Kie, Chairwoman of the Board of County Commissioners. Please have the Chairwoman execute the above mentioned document pursuant to Resolution No. 98-105, which went before the Board on 4-21-98, item 16.B.7. The document has been reviewed and approved by County Attorney staff. Please complete the document as necessary and forward to the Minutes & Records Department for attestation. If you have any questions regarding this matter, please contact me at 774-8991. Thank You. Attachment: PROJECT NO: 65033 (Radio Road) PARCEL NO: 144 FOLIO: 00399320006 Florida Power & Light Release SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT, entered into this ¢~_~day of ~z~_.___, 19_~, by and between COLLIER COUNTY, a political subdivision of the State of Flodda, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Flodda 34112, hereinafter called "County", and FLORIDA POWER & LIGHT COMPANY, a Flodda corporation, by its undersigned officers who have been duly authorized by the corporation to execute this Subordination, whose mailing address is P. O. Box 029100, Miami, Flodda 33102, hereinafter called "Utility." WITNESSETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for road right-of-way, sidewalk, drainage, utility and maintenance purposes; and WHEREAS, the proposed use of these lands for road dght..of-way, sidewalk, drainage, utility and maintenance purposes will require subordination of the interest claimed in such lands by Utility to the County, and at the request of the County, the Utility has agreed, subject to the following conditions, to relocate its facilities from the Utility's easement lands onto public right-of-way, or has agreed to leave its facilities on the subordinated lands (hereinafter jointly referred to as "Lands" and depicted in Exhibit A attached hereto); and WHEREAS, the County is willing to pay to have the Utility's facilities relocated, if necessary, to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and County agree as follows: ~ Utility subordinates any and all of its interest in the Lands described as follows: (SEE EXHIBIT "A" A'I-I'ACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors or assigns, for the purpose of constructing, improving, maintaining and operating road right-of-way, sidewalk, drainage, utility and maintenance purposes, over, through, upon and/or across such Lands, including, but not limited to, the claim of interest based on the following: Nature of From or Recorded Easement Florida Power & Light Company 01-14-74 581/446 Page 2 PROVIDED that the following rights are granted to Utility: 1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon all Lands in accordance with the Count, s current minimum standards for such facilities. Any construction or relocation of facilities within the Lands will bo subject to prior approval by the County. Should the County require the Utility to alter, adjust, or relocate its facilities from or within said Lands, the County hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to, the cost of acquiring appropriate easements. 2. The Utility shall have a reasonable dght to enter upon the Lands for the purposes outlined in paragraph 1 above, including the dght to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 3. The Utility agrees to repair any damage to the County's facilities and to indemnify the County against any loss or damage resulting from the Utility's exercise of its rights as outlined in paragraphs 1 and 2 above. 4. These terms and conditions shall be attached as an addendum to the permit, if any, required by the County for relocation of the Utility's facilities within the said Lands. 5. This Agreement is not assignable except to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. · ATTEST: ' ~,.. '2: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER~,C)UNTY, FLORIDA BY:~ Attest as to Chalnua'$ signature onl$, Heidi F. Ashton Assistant County Attorney Signed, sealed and delivered in our presence as witnesses: Name: ~ /~ (Prim or T,,ype) Name: ~ FLORID;~OWER & LIGHT COMPANY, By: ' Attest: _(Seal) , Secretary Page 3 STATE O F:__._...ElaricIa~ COUNTY OF:__Ea/m_Jtcach The foregoing Subordin~ation of Encumbrance, was acknowledged before me this~ day of. ~_.~&~1999 by (name) ...... as (title) ~,,. C.nrp,,,,~~ Florida Power & Light Company. a Florida corporation,"offthe-behaE~f~'i~ corporation, who is personally known to me or who has produced as identification. (affix notarial seal) (Signature of Notary Public) ( Print name of Notary NOTARY PUBLIC I Serial/Commission #: if '-. ......... My Commission Expires: _0. EXHIBIT "A" P~o,Ecr.. ~o. P..ARCEL: SECTION J, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTX FLORIDA LAND DESCRIPTION A PARCEL O~ LAtlO L~NC IN ~[CTION ~. TO.SHIp 50 SOU~, RANC~ 26 COUt~ry, FLORJOA, SAID PARCEL O~ LAND ~ElNG MORC PAR[ICULARLY FOLLOw, S: COLIMEtlCIIIC AT ~E ~O~ST CORNER OF SAID S~C~ON 3: ~ENCE EAST ALONG ~E HOR~ERLY L/NE OF ~E Noa~sr OUARTER 3 FOR A O~STANCE OF 821,22 FEET: THEHCE LEAHNO SAIO NOR~ERLy LINE SOUTH 00'05'48' Exsr FOR A DISTA~ICE OF 5000 FEET TO AN INTERSECT~O~f SOuthERLY RICHT-OF-wAy LlttE OF RAOIO ROAD (C.R, 856), OF ~E tfEREIN OESCRWEo PARCEL OF LAND: ~EHCE NORTH 89'53'12' EAST ALOND SAID SOU~ERLY RICHT-OF-WAY LINE FOR DISTaNcE OF 434.95 FEET: ' ~EHCE LEA~NG $AIO SOU~ERLY LINE SOU~ 00'06'48' EA~T FOR A D~STxNcE O~ 51.64 FEET TO A POIHT OF IHTERSEC~ON ~ - ~._ OF 9~4.64 FEET, A CENTRA, ............ ~, ~CA~ SOU~S~RLy, HA~N , ORTH~STERLy ALONC SAID CUR~ C ~ ~EIICE NORTH 0~'~', ...... L~[ m~ A HUN-TAflCENT LINE. 0.80 ~ BEGINN~NC; ~ ~v ,, c~3~ tUN A DISTANCE OF ~2.62 FEE~ TO ~E POINT OF ~ SUBJECT TO ~ASEMEHTS AND RES~RICnONS OF RE~ORD. ~ ~ ~ ~P~NT OF OF SEC~OIt 3-50-26' BE~RING$ HEREOH ARE BASED ON ~E S~ERLY LINE O~ ~E 5EC~O~I J6, TO~tiSHIp 49 SOU~, RANGE 2~ EAST BEARING $OU~ B9'~6'28' SKETCH AND DESCRIPTION NOT A SURVEY ~, ~'~ UNDAGE,.~mmmmm"