Backup Documents 06/28/2011 Item #16E 9ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E 9
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in muting order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applic able)
2.
pl2 A �ZC..�f i
—.
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
XzitJ C_ptiSE T _- g6r'hT
Number of Original
2
5. Ian Mitchell, BCC Office
Supervisor
Board of County Commissioners
Documents Attached
(e 9 I
(( Z
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Phone Number
N/A (Not
ContactL�ay
appropriate.
(Initial)
Applic able)
Agenda Date Item was
pl2 A �ZC..�f i
Agenda Item Number
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
XzitJ C_ptiSE T _- g6r'hT
Number of Original
2
Attached
I6:'�7 jp , /_Or.) CpJG tiyf 467 -nT
Documents Attached
J
INS'T'RUCTIONS & CHECKLIST
1. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
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Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applic able)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
?.
All handwritten strike - through and revisions have been initialed by the County" Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.'.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5..
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be ware of our deadlines!
6.
The document was approved by the BCC on /! (enter date) and all changes
made during the meeting have been incorpora ed in the attached document. The
NIL
County Attorney's Office has reviewed the changes, if applicable.
,
1. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
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This Instrument Prepared By:
Mark Byers CRE /AOW
Florida Power & Light Company
P.O. BOX 1119
Sarasota, FL 34230
THIS SPACE RESERVED FOR RECORDING
16E9
INSTR 4580546 OR 4696 PG 2556
RECORDED 6130/2011 11:32 AM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $44 00
MEMORANDUM OF RIGHT -OF -WAY CONSENT AGREEMENT
THIS MEMORANDUM OF RIGHT -OF -WAY CONSENT AGREEMENT dated this
46� day of%:�-Oti 2011 , by and between COLLIER COUNTY, FLORIDA, apolitical
subdivision of the State of Florida, acting by and through its Board of County Commissioners,
the governing body thereof (hereinafter referred to as "Licensee "), and FLORIDA POWER &
LIGHT COMPANY, a Florida corporation (hereinafter referred to as "Company').
WITNESSETH:
WHEREAS, on the�day oKT0&8 , 20f 1 Company and Licensee 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 placing their interest therein as a matter of
public record.
NOW THEREFORE, in consideration of the mutual covenants herein contained and
the parties intending to be legally bound thereby, the parties hereto agree as follows:
1. The property described in Exhibit "A" is subject to a right -of -way in favor of
Company recorded in Book 30, at Page 27, of the Public Records of Collier County, Florida.
2. The Agreement provides, among other things, Licensee's right to construct
and maintain certain improvements upon the Lands including, but not limited to construction,
installation, operation and maintenance of a telemetry antenna, subject to certain conditions and
restrictions.
3. The Agreement is assignable to purchasers of all or a portion of the Lands
provided that the purchasers assume the obligations under the Agreement and specifically
acknowledge and agree that the use of the property and improvements to be placed on the
property are strictly limited to those depicted on a certain plan of improvement and are
otherwise subject to the terms of the Agreement.
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IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement
on the date hereinabove written.
Witnesses:
Sig"�na�ture / Name (P' ):
Sign' tore
Name (Print):
State of Florida )
)SS:
County of Sarasota )
Company:
FLORIDA POWER & LIGHT COMPANY
By:
Its: West Area Real Estate Njafiager
Print Name: Mark Byers
On this I — day of,_ 0t- c , 20 If. before me, the undersigned Notary Public,
personally appeared Mark Byers, West Area Real Estate Manager, of Florida Power & Light
Company, a Florida corporation, personally known to me to be the person who subscribed to
the foregoing instrument and acknowledged that he executed the same on behalf of said
corporation and that he was duly authorized to do so.
In Witness Whereof, I hereunto set my hand and official seal.
(seal) (j�—'b
NOTARY PUBLIC, STATE OF FLORIDA
Print Name:1-bSC ' %,$1—lE AjOJ,+X
Commission No.:
ROSE MARIE NOVAK
MY COMMISSION A EE 030265
My Commission Exp ExPwes.oeeemoers,2ota
B.Meo ioru Notary Public Under mters
(Acknowledgements Continued on Next Page)
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ATTEST: BOARD OF COUNTY COMMISSIONERS, OF
Dwight E. Brock, CLERK COLLIER COUNTY, FLORH)A,.'AND AS THE
EX- OFFICIO THE GOVERNING BODY OF THE
(� COLLIER COUNTY WATER -SEWER DISTRICT
BY: W `
Deputy Clerk Fred W. Coyle, Chairman
Attest as :3o. Gha Inud 4 -
tioature �8ti 1•
Approved as to form
and legal sufficiency:
BY:
Jennifer AFWhite,
Assistant County Attorney
Form 3740 Rev. 10/9/95
Page 5 of 5
DDIESCHPMON
Do�isrt•A• f;a h < � .� r .�.
COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SECTION 3, SOUTH 01 °1114" EAST, A DISTANCE OF
1347.52 FEET TO A POINT ON THE NORTH LINE OF CALUSA BAY SOUTH AS DESCRIBED IN THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA JN O.R BOOK 2264, PAGE 200; THENCE, ALONG THE SAID NORTH
LINE SOUTH 89 °50'15" WEST, THE DISTANCE OF 1090.46 FEET CROSSING A 100 FOOT WIDE FLORIDA POWER &
LIGHT COMPANY EASEMENT AND A 15 FOOT WIDE COUNTY RIGHT -OF -WAY EASEMENT FILED IN THE PUBLIC
RECORDS OF COLLIER COUNTY IN O.R. BOOK 957, PAGE 1384 TO A POINT ON THE EASTERLY RIGHT -OF -WAY
LINE OF GOODLETTE - FRANK ROAD PER PLAT BOOK 13, PAGE 58; THENCE, ALONG THE SAME AND ALONG THE
WESTERLY LINE OF THE AFORESAID 1 00' WIDE FLORIDA POWER & LIGHT COMPANY EASEMENT AND THE 15
FOOT WIDE COUNTY RIGHT -OF -WAY EASEMENT, SOUTH 07 °0613" WEST, THE DISTANCE OF 652.96 FEET;
THENCE, LEAVING THE SAID LINE OF GOODLETTE - FRANK ROAD AND CROSSING THE 15 FOOT WIDE COUNTY
RIGH -OF -WAY EASEMENT, SOUTH 82 °53'47" EAST, THE DISTANCE OF 15.00 FEET TO A POINT ON THE
EASTERLY LINE THEREOF TO THE POINT OF BEGINNING AND RUNNING;
THENCE; FROM THE SAID POINT OF BEGINNING AND EXTENDING OVER THE LANDS OF CALUSA BAY SOUTH
AND THE 100 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT (AFOREMENTIONED), THE
FOLLOWING (11) ELEVEN COURSES AND DISTANCES;
(1) SOUTH 82 °53147" EAST, THE DISTANCE OF 30.50 FEET; THENCE
(2) SOUTH 84 °01112 "EAST, THE DISTANCE OF 16.04 FEET; THENCE
(3) NORTH 89 °25'19 "EAST, THE DISTANCE OF 10.00 FEET; THENCE
(4) SOUTH 00'34'41-EAST, THE DISTANCE OF 10.00 FEET; THENCE
(5) SOUTH 89 °25'19"WEST, THE DISTANCE OF 10.00 FEET; THENCE
(6) NORTH 00 °34'41 "WEST, THE DISTANCE OF 4.97 FEET; THENCE
(7) NORTH 84 °01'12"WEST, THE DISTANCE OF 16.72 FEET; THENCE
(8) SOUTH 07 °06'13VEST, THE DISTANCE OF 57.61 FEET TO A POINT ON A CURVE ON THE NORTHERLY LINE OF
AN INGRESS - EGRESS UTILITY & DRAINAGE EASEMENT FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY IN
O.R. BOOK 2315, PAGE 0620; THENCE
(9) ALONG THE SAME AND THE ARC OF A CIRCLE CURVING TO THE LEFT, CONCAVE TO THE SOUTH, HAVING A
RADIUS OF 122.00 FEET, AN ARC LENGTH OF 13.04 FEET, HAVING A CHORD BEARING NORTH 79 °50'06" WEST
AND A CHORD DISTANCE OF 13.03 FEET TO A POINT OF TANGENT; THENCE
(10) STILL ALONG THE SAME, NORTH 82 °53'47" WEST, THE DISTANCE OF 17.49 FEET TO A POINT ON THE
EASTERLY LINE OF THE PREVIOUSLY MENTIONED 15 FOOT WIDE COUNTY RIGHT -OF -WAY EASEMENT; THENCE;
(11) ALONG THE SAME, NORTH 07 °06'13" EAST, THE DISTANCE OF 61.92 FEET TO THE POINT AND PLACE OF
BEGINNING.
CONTAINING 2073.5 SQUARE FEET OF LAND, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE EAST LINE OF SECTION 3.
TEP N A. HIGGINS III J
RI SURVEYORS p i551B6 T
COLLIER COUNTY SUR '
COLLIER COUNTY
Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North Horseshoe Drive, Naples Florida 34104
Phone: 239- 252 -6885 Fax 239- 252 -6476
03/28/2011 1 2011005 1 CALUSA BAY 1 1" = 20'
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CALUSA BAY SOUTH
A CONDOMINIUM O.R. BOOK 2264, PG. 200
LEMURIS
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Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North Horseshoe Dave, Naples Florida 34104
Phone: 239- 252 -6885 Fax 239- 252 -6476
03/28/2011 1 2011005 1 CALUSA BAY 1 1" = 20'
16E9
16E9
Line No: 2J -1 Parcel No:
Line Name: Collier -Terry 13 8k
Structure No.: 86M7, 86M6
Section, Township, Range: 3 -49 -25
RIGHT -OF -WAY CONSENT AGREEMENT
FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O.
Box 14000, Juno Beach, Florida 33408 -0420, Attn: Corporate Real Estate Department, hereinafter referred
to as "Company ", hereby consents to COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, hereinafter
referred to as "Licensee ", using an area within Company's right -of -way granted by that certain agreement
recorded in Book 30, at 27, of the Public Records of Collier County, Florida. The said area within
Company's right -of -way, hereinafter referred to as "Lands ", is more particularly described on Exhibit "A"
attached hereto. The use of the Lands by Licensee, shall be solely for the purpose of construction,
installation, operation and maintenance of a telemetry antenna, as shown on the plans and specifications
submitted by Licensee, attached hereto as Exhibit "B ".
In consideration for Company's consent and for the other mutual covenants set forth below, and for
Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties hereto agree as follows:
I. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event
Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required
in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all
federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the
Lands by Licensee pursuant to this Agreement.
2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is
subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees,
agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities
located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads;
maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's
business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee
understands that in the exercise of such rights and interest, Company from time -to -time may require
Licensee, to relocate, alter, or remove its facilities and equipment, including parking spaces and areas, and
other improvements made by Licensee pursuant to this Agreement which interfere with or prevent
Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities.
Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other
improvements within thirty (30) days of receiving notice from Company to do so. Such relocation,
alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to
Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration, or
removal , Company retains the right to enter upon the Lands and make said relocation, alteration, or
removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee
hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon
demand.
Form 3140 Rev. 10/9/95
Page I of 5
16E9
3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of
Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous
condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14)
of the Comprehensive Environmental Response Compensation and Liability Act ( "CERCLA ") (42 USC
Section 9601 [14]), petroleum products, liquids or flammables shall be placed on, under, transported across
or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company
or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should
create a hazardous condition, then upon notification by Company, Licensee shall, within seventy -two (72)
hours, at its sole cost and expense, correct such condition or situation; provided however that the Company
retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its
execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or
injury resulting from Licensee's failure to comply with the provisions of this Agreement.
4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors
from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14)
feet above existing grade and further agrees that no dynamite or other explosives shall be used within the
Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided
herein, shall be made which will result in preventing Company access to its facilities located within said
Lands. Unless otherwise provided herein, Licensee agrees to maintain a forty (40) foot wide setback,
twenty (20) feet on each side, from Company's facilities.
5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee are not
to exceed, at maturity, a height of fourteen (14) feet above existing grade. Licensee hereby agrees to
maintain the height of all vegetation on the Lands at a height not to exceed fourteen (14) feet above existing
grade.
6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a
height of fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be
of a non - metallic material.
7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be
constructed of a non - metallic material and sprinkler heads are to be set so the spray height does not exceed
fourteen (14) feet above existing grade and does not make contact with any Company's facilities.
Aboveground systems shall not be installed within or across Company patrol or finger roads and
underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one (1)
foot below existing road grade.
8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the
electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high
voltage electricity and agrees to use all safety and precautionary measures when working under or near
Company's facilities. Licensee hereby acknowledges the receipt and required execution of Form 360
"Exhibit C" prior to the commencement of construction within the Lands.
9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris.
Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are
specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping,
and Licensee agrees to notify its employees, agents, contractors, and invitees accordingly.
Forn 3']np Rev. 10/9/95
Page 2 of 5
10. The use of the Lands by Licensee shall be
Company is specifically relieved of any responsibility for
resulting from Company's use of the Lands for its purposes.
at the sole risk and expense of Licensee, and
damage or loss to Licensee or other persons
It. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company
for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands
and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the
Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company
for all cost and expense involved with such relocation, rearrangement or change.
t2. To the extent provided for in section 768.28, Florida Statutes, Licensee agrees it will
exercise its privileges hereunder at its own sole risk and agrees to indemnify and save harmless Company,
its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter
referred to as FPL Entities), from all liability, loss, cost, and expense, including attorneys' fees, which may
be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury to any
person or damage to any property except those due to or caused by the negligence of FPL Entities, arising
out of or in connection with the herein described purposes by Licensee, its contractors, agents, or
employees; and Licensee agrees to defend at its sole cost and expense and at no cost and expense to FPL
Entities any and all suits or action instituted against FPL Entities, for the imposition of such liability, loss,
cost and expense.
13. Licensee is self insured for all liability claims and related expenses pursuant to the
provisions of Section 111.072 and 768.28, Florida Statutes. .
14. This Agreement will become effective upon execution by Company and Licensee and will
remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement,
unless earlier terminated upon ninety ( 90 ) days written notice by Company to Licensee, or at the option of
Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions
contained herein.
15. The use granted herein as shown on Exhibit "B" shall be under construction by Licensee
within 3 years of the effective date of this Agreement and the construction shall be diligently pursued to
completion. Licensee shall give Company ten (10) days prior written notice of its commencement of
construction. "Under construction" is the continuous physical activity of placing the foundation or
continuation of construction above the foundation of any structure or improvement permitted hereunder.
Under construction does not include application for or obtaining a building permit, a site plan approval or
zoning approval from the appropriate local government agency having jurisdiction over the activity,
purchasing construction materials, placing such construction materials on the site, clearing or grading the
site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating
construction after substantially all construction activity has remained stopped for a period of two (2) months
or more. Licensee acknowledges that failure to have the use under construction within the one (1) year time
period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for
failing to comply with the provisions contained herein unless Licensor grants a written extension for a
mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee
no later than thirty (30) days prior to the expiration of the one (1) year period for the project to be under
construction.
16. The term "Licensee" shall be construed as embracing such number and gender as the
character of the party or parties require(s) and the obligations contained herein shall be absolute and primary
and shall be complete and binding as to each, including its successors and assigns, upon this Agreement
being executed by Licensee and subject to no conditions precedent or otherwise.
Form 3740 Rev. 10/9/95
Page 3 of 5
16E9
17. Should any provision of this Agreement be determined by a court of competent jurisdiction
to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be
impaired. In the event of any litigation arising out of enforcement of this Consent Agreement, the prevailing
party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees subject
to the limitations of liability established in Section 768.28, Florida Statutes.
18. Licensee may assign its rights and obligations under this Agreement to a solvent party upon
prior written consent of the company, which consent shall not be unreasonably withheld.
19. This Agreement includes and is subject to the provisions described on the attached
Addendum.
The parties have executed this Agreement this__% � k ' day of t KC 1200.
Wiitn�(essess:/� , (� FLORIDA POW /LIGHT �COMIPANY
By: Jr\ �� i
Signature: Its: West Area Real Estate *<Cger
Print Name: Print Name: Mark L. Byers
Signature: ;
Print Name:
(Acknowledgements Continued on Next Page)
Form 3"140 Rev. 10/9/95
Page 4 of 5
Approved and accepted for and on behalf of Collier County, Florida, this 26 day of S0t�F , 2011.
ATTEST:
Dwight E. Brock, CLERK
nett
a-
S t0 l Tfd t,ilik
itoiture, 011 i +
Approved as to form
and legal sufficiency:
BY:
Jennifer B. White,
Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AND AS
EX- OFFICIO THE GOVERNING BODY OF THE
COLLIER COUNTY WATER -SEWER DISTRICT
BY: W'
Fred W. Coyle, Chairman
ADDENDUM 16E E G
• Antenna is limited to a maximum height of fourteen (14) feet above existing ground grade.
• During installation, as well as future maintenance, of the antenna, all OHSA and NESC
regulations must be adhered to relative to safe working distances to energized conductors.
• Prior to installation, Licensee must schedule a Safety Six meeting for all construction personnel
working on the project. Please contact Scott Brewer at (941) 650 -9297 to schedule the meeting.
• Locates must be called before any trenching across the Lands.
• All fences and gates within the Lands must be grounded.
Form 3710 Re,. 10/9/95
Page 6 of 5
DC��C�G�Op`�00�1
=:J
COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SECTION 3, SOUTH 01 °17'14" EAST, A DISTANCE OF
1347.52 FEET TO A POINT ON THE NORTH LINE OF CALUSA BAY SOUTH AS DESCRIBED IN THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA IN O.R BOOK 2264, PAGE 200; THENCE, ALONG THE SAID NORTH
LINE SOUTH 89 °50'15" WEST, THE DISTANCE OF 1090,46 FEET CROSSING A 100 FOOT WIDE FLORIDA POWER &
LIGHT COMPANY EASEMENT AND A 15 FOOT WIDE COUNTY RIGHT -OF -WAY EASEMENT FILED IN THE PUBLIC
RECORDS OF COLLIER COUNTY IN O.R. BOOK 957, PAGE 1384 TO A POINT ON THE EASTERLY RIGHT -OF -WAY
LINE OF GOODLETTE - FRANK ROAD PER PLAT BOOK 13, PAGE 58; THENCE, ALONG THE SAME AND ALONG THE
WESTERLY LINE OF THE AFORESAID 100' WIDE FLORIDA POWER & LIGHT COMPANY EASEMENT AND THE 15
FOOT WIDE COUNTY RIGHT -OF -WAY EASEMENT, SOUTH 07"06'13" WEST, THE DISTANCE OF 652.96 FEET;
THENCE, LEAVING THE SAID LINE OF GOODLETTE - FRANK ROAD AND CROSSING THE 15 FOOT WIDE COUNTY
.RIGHT -OF -WAY EASEMENT, SOUTH 82 °53'47" EAST, THE DISTANCE OF 15.00 FEET TO A POINT ON l "HE
EASTERLY LINE THEREOF TO THE POINT OF BEGINNING AND RUNNING;
THENCE; FROM THE SAID POINT OF BEGINNING AND EXTENDING OVER THE LANDS OF CALUSA BAY SOUTH
AND THE 100 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT (AFOREMENTIONED), THE
FOLLOWING (11) ELEVEN COURSES AND DISTANCES;
(1) SOUTH 82 "53AT EAST, THE DISTANCE OF 30.50 FEET; THENCE
(2) SOUTH 84 °01'12 "EAST, THE DISTANCE OF 16.04 FEET; THENCE
(3) NORTH 89 °25'19 "EAST, THE DISTANCE OF 10.00 FEET; THENCE
(4) SOUTH 00 °34'41"EAST, THE DISTANCE OF 10.00 FEET; THENCE
(5) SOUTH 89.25'19 VEST, THE DISTANCE OF 10.00 FEET; THENCE
(6) NORTH 00.34 -41 VEST, THE DISTANCE OF 4.97 FEET; THENCE
(7) NORTH 84. 01'12 -WEST, THE DISTANCE OF 16.72 FEET; THENCE
(5) SOUTH 07. 06'13 -WEST, THE DISTANCE OF 57.61 FEET TO A POINT ON A CURVE ON THE NORTHERLY LINE OF
AN INGRESS - EGRESS UTILITY & DRAINAGE EASEMENT FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY IN
O.R. BOOK 2315, PAGE 0620; THENCE
(9) ALONG THE SAME AND THE ARC OF A CIRCLE CURVING TO THE LEFT, CONCAVE TO THE SOUTH, HAVING A
RADIUS OF 122.00 FEET, AN ARC LENGTH OF 13.04 FEET, HAVING A CHORD BEARING NORTH 79 °50'06" WEST
AND A CHORD DISTANCE OF 13.03 FEET TO A POINT OF TANGENT; THENCE
(10) STILL ALONG THE SAME, NORTH 82 °53'47" WEST, THE DISTANCE OF 17.49 FEET TO A POINT ON THE
EASTERLY LINE OF THE PREVIOUSLY MENTIONED 15 FOOT WIDE COUNTY RIGHT -OF -WAY EASEMENT; THENCE;
(11) ALONG THE SAME, NORTH 07 °06'13" EAST, THE DISTANCE OF 51.92 FEET TO THE POINT AND PACE OF
BEGINNING.
CONTAINING 2013,5 SQUARE FEET OF LAND, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE EAST LINE OF SECTION 3.
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Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North Horseshoe Dave, Naples Florida 34104
Phone: 234- 252 -6885 Fax 239- 252 -6476
Data: ile Project No: F No:
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Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North Horseshoe Drive, Naples Florida 34104
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Phone: 239- 252 -6885 Fax 239- 252 -6476
NORTH Date: Project No: File No:
SCALE:
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FPL. NOTIFICATION OF FPL FACILITIES
Customer /Agency
Developer /Contractor Name
Location of Project
FPL Representative
Developer /Contractor Representative
Date of Meeting /Contact
Project Number /Name:
City:
Phone
FPL Work Request # /Work Order #:
16E9
FPL calls your attention to the fact that there may be energized, high voltage electric lines, both overhead and underground, located in the area of this project It is
imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing
construction to determine whether the construction of any proposed improvements will bring any person, tool, machinery, equipment or object closer to FPL's
power lines than the OSHA - prescribed limits. If it will, you must either re- design your project to allow it to be built safely given the pre- existing power line location,
or make arrangements with FPL to either deenergize and ground our facilities, or relocate them, possibly at your expense. You must do this before allowing any
construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors, and their employees, will operate
or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, in dangerous proximity to such power lines during the course of
construction, and, if so, when and where. Therefore, if it becomes necessary for any contractor or subcontractor, or their employees, to operate or handle cranes,
digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer to underground or
overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such
planned operation prior to the commencement thereof and make all necessary arrangements with FPL In order to carry out the work in a safe manner. Any work
in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented.
The National Electrical Safety Code ( "NESC ") prescribes minimum clearances that must be maintained. If you build your structure so that those clearances cannot
be maintained, you may be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such, you should contact FPL prior
to commencing construction near pre- existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the
NESC clearances.
It is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations:
1. Make absolutely certain that all persons responsible for operating or handling cranes, digging apparatus, draglines, mobile equipment or any
equipment, tool, or material capable of contacting a power line, are in compliance with all applicable state and federal regulations, including but
not limited to U.S. Department of Labor OSHA Regulations, while performing their work.
2. Make sure that all cranes, digging apparatus, draglines, mobile equipment, and all other equipment or materials capable of contacting a
power line have attached to them any warning signs required by U.S. Department of Labor OSHA Regulations.
3. Post and maintain proper warning signs and advise all employees, new and old alike, of their obligation to keep themselves, their tools,
materials and equipment away from power lines per the following OSHA minimum approach distances (refer to OSHA regulations for restrictions):
'Power Line Voltages Personnel and Equipment Cranes and Derricks —Equipment Crane & Derrick Travel under or near Power Lines
(-29 CFR 1910.333 and 1926.600) (29 CFR 1926.1407, 1408) (29 CFR 1926.600 - Equipment) (1926.1411 - Cranes and Derricks)
0 - 750 volts 10 Feet 10 Feet 4 Feet 4 Feet
751 - 50,000 volts 10 Feet 10 Feet 4 Feet 6 Feet
69,000 volts 11 Feet 15 Feet 10 Feet 10 Feet
115,000 volts 13 Feet 15 Feet 10 Feet 10 Feet
138,000 volts 13 Feet 15 Feet 10 Feet 10 Feel
230,000 volts 16 Feet 20 Feet 10 Feet 10 Feet
500,000 volts 25 Feet 25 Feel 16 Feet 16 Feet
'When uncertain of the voltage, maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000
volts.
"On Construction Sites, with no load.
"'For personnel approaching insulated secondary conductors less than 750 volts, avoid contact.
4. All excavators are required to contact the Sunshine State One Call of Florida, phone number 1- 800 -432 -4770 or 811 a minimum of two working days
(excluding weekends) in advance of commencement of excavation to ensure facilities are located accurately.
5. Conduct all locations and excavations in accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention & Safety Act and all
local city and county ordinances that may apply,
6. When an excavation is to take place within a tolerance zone, an excavator shall use increased caution to protect underground facilities.
The protection requires hand digging, pot holing, soft digging, vacuum methods, or similar procedures to identify underground facilities.
A copy of this notification must be provided by you to each contractor and subcontractor on this project, to be shared with their supervision and employees prior to
commencing work on this project.
Means by which this notification was provided to customer and /or contractor
FPL Representative Signature
CustomerlDeveloper /Contractor Representative Signature
Farm 360 Rev. 11108110
Address
Date
Date