Memorandum of ROW Consent Agreement PROJECT: Pine Ridge Canal Weir#1
PROJECT NO.: 60119 INSTR 5252469 OR 5261 PG 3650
Parcel 88888-115TCE RECORDED 4/13/2016 2:44 PM PAGES 3
( ) DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$27.00
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this
low` day of 1(1 \ , 2016, by and between COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3299 Tamiami
Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112
(hereinafter referred to as the "County") and FLORIDA POWER & LIGHT COMPANY,
a Florida corporation, P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn:
Corporate Real Estate Department (hereinafter referred to as "Company");
WHEREAS, on the 3-\11 day of PgJY 1 , 2016, Company and
County entered into a written Right-of-Way Consent Agreement, hereinafter referred to
as the "Agreement" related to certain property situated in the County of Collier, State of
Florida as more particularly set forth in said Agreement and described in Exhibit "A"
attached hereto and made a part hereof and hereinafter referred to as the "Lands", and
WHEREAS, the parties are desirous of making their interest therein a matter of
public record.
NOW THEREFORE, in consideration of mutual covenants herein contained and
the parties intending to be legally bound thereby, the parties hereto agree as follows:
1. The Lands described in Exhibit "A" is subject to a Right of Way Agreement in favor
of Company recorded in Deed Book 30, Pages 27 through 34 of the Public Records
of Collier County, Florida.
2. The Agreement provides, among other things, County's right to use the Lands solely
for the purposes of removing an existing weir and constructing a new weir and
related facilities within the County's easement area immediately adjacent to the
Lands, subject to certain conditions and restrictions.
3. The Agreement is assignable to solvent purchasers of all or a portion of the Lands
provided County obtains Company's prior written consent, and that the purchasers
assume the obligations under the Agreement and specifically acknowledge and
agree that the use of the Lands and improvements to be placed on the Lands are
strictly limited to those depicted on that certain plan of improvement attached to the
Agreement and are otherwise subject to the terms of the Agreement.
Memorandum of Right-of-Way Consent Agreement Page 2
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Agreement on this hereinabove written date.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
B :r. BY: ��
` Jerk DON FIALA, CHAIRMAN
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signatahre only
Approved as to form and legality:
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Assistant Cou w tor�fey At
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.A , , _ all . i - FLORIDA POWER & LIGHT COMPANY
i J nature
(k J .- cat
Printed/T ped Name
By: / -3 ,/;•.* Z _
�� Its: Area Real Estate Man 4g‘
Sig ature Print Name: Mark L. Byers
—/er•-.•e 4-hcAt CJIce '
Printed/Typed Name
STATE OF FLORIDA
COUNTY OF SARASOTA
The foregoing instrument was acknowledged before me this )9 1.1. day of
cv,A,ecr* , 2016 by Mark L. Byers, as Area Real Estate Manager, of FLORIDA
POWER & LIGHT COMPANY, a Florida corporation, on behalf of the corporation. He
is personally known to me or who has produced [type of
identification] as identification.
WITNESS my hand and official seal this d`i4k day of And4ct-t , 2016.
(affix notarial seal) ,( 0 k _ i9_ _
tur of Nota Publi )
'off"�"...„„.; LILLIAN M COLE i/`4ti �b ��—
: (Print Name of Notary Public)
”' ud MY COMMISSION#FF060669 NOTARY PUBLIC
z of a ,• EXPIRES October 7,2017
(407)398.0153 FloridallotaryService.com Serial/Commission #:(if any)
My Commission Expires:
A
PROJECT NO.60119
PROJECT PARCEL NO. 115TCE(MISC. PROJECTS NO. 99999)
PARENT TRACT FOLIO NO. 29350000029
I
LEGAL DESCRIPTION &SKETCH
(NOT A SURVEY)
TEMPORARY CONSTRUCTION EASEMENT
PORTION OF CREEKWOOD LAND CONDOMINIUM
THE EASTERLY 30 FEET OF THE WESTERLY 145 FEET OF THOSE LANDS SUBJECTED TO
THE CONDOMINIUM FORM OF OWNERSHIP AS DESCRIBED IN THE CREEKWOOD LAND
CONDOMINIUM, A CONDOMINIUM ACCORDING TO THE DECLARATION OF CONDOMINIUM
THEREOF RECORDED IN OFFICIAL RECORDS BOOK 4113, PAGES 2617 ET SEQ. OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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' CONSTRUCTION EASEMENT
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