Resolution 2000-072
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RESOLUTION NO. 2000 - ~
A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO EXECUTE
A REVOCABLE TEMPORARY LICENSE TO FLORIDA POWER & LIGHT
COMPANY THAT WILL BENEFIT THE INSTALLATION OF AN ODOR
CONTROL FAN SYSTEM AT THE NAPLES LANDFILL PROPERTY.
WHEREAS, Collier County is desirous of providing Florida Power &
Light Company with a Revocable Temporary License for the construction,
operation and maintenance of electric utility facilities, including but not limited to,
distribution lines and other related equipment, under and through fhe property,
but not under any permanent building improvement which is existing or under
construction at the time of utility construction, and more particularly described in
Exhibit "A" attached hereto;
WHEREAS, upon completion of the construction of the electric utility
facilities on the property, a permanent Utility Easement will be granted for the
Ten (10') foot strip of land wherein the utility facilities are located.
NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. The Board of County Commissioners does hereby approve the
attached Revocable Temporary License to Florida Power & Light
Company; and
2. The Chairman of the Board of County Commissioners of Collier
County, Florida, is hereby authorized to execute the attached
Revocable Temporary License to Florida Power & Light Company;
and
3. The Board' of County Commissioners does hereby approve and
authorize its Chairman to execute a permanent Electric Utility
Easement to Florida Power & Light Company for the Ten (10') foot
strip of land wherein the utility facilities are located.
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THIS RESOLUTION ADOPTED on this ~day of~
,2000
after motion, second and majority vote.
BOARD O~.~UNTY COMMISSIONERS
OF COL.,IdER COUNTY, FLORIDA
BY:
ATTEST:
DWIGHT E. BROCK, CLERK
"~,~Y: ~ ~(J.- , ])L .
/ -::.. , Clerk
_.-:r-_~Attest liS to Cha1raan's
'signatuI'e only.
, ... Approved as to form and
le~UffiCien) (
dUM _~
Qv~ Heidi F. Ashton
Assistant County Attomey
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EXHIBIT "A"
Page 1 of 1
The East ~ of Section 36, Township 49 South, Range 26 East, Collier County,
Florida, less and except the South 50 feet thereof, and less and except that part
of the East ~ of Section 36, Township 49 South, Range 26 East, less the South
50 feet thereof lying within a transition from 200 feet from Survey Station
89+29.41 to 100 feet at Survey Station 115+64.50 of the survey line of State
Road 838, Section 03001, said survey line and said Survey Stations described
and located as follows: Begin at the Southwest corner of the East ~ of said
Section 36, said point being Survey Station 89+29.41, thence North 88033'20"
East 2,635.09 feet to said Station 115+64.50 at the Southeast corner of said
Section 36, containing 6.06 acres, more or less; together with all rights of
ingress, egress, light, air and view between the parcel conveyed to the grantee
and any facility constructed on the above-described excepted property; reserving
to the grantee the right of access from his property to any service road which
may be constructed on the outer 50 feet of the above-described excepted
property .
Project: Naples Landfill Fan System
2607524 OR: 2652 PG: 1207
RlCOlDlD in oruCIAL mOlDS of COLLlIK coum, PL
03fl6f2000 at 02: IOPK DWIGHT S, BROCI, CLm
m PI! 15.00
cams 3,00
ietll:
RIAL PKOPlln
lIT 8991
IHTIR omcs
16 D
8
REVOCABLE TEMPORARY LICENSE
THIS REVOCABLE TEMPORARY LICENSE entered into this ~ day
of "('('\Q....i.r.lt) ,2000, by and between COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamiami
Trail, Naples, Florida 34112, hereinafter referred to as "COUNTY", and Florida
Power and Light Company, its licensees, agents, successors, and assigns,
whose mailing address is 4105 15th Avenue SW, Naples, Florida 34116,
hereinafter referred as "UTILITY", approving the use of County-owned property
for the purpose of constructing electric utility facilities;
WHEREAS, the UTILITY requires the use of County-owned property for
the purpose of constructing, operating, and maintaining electric utilities, including
but not limited to, distribution lines and other related electric equipment, under,
and through the property as more particularly described on Exhibit "A" attached
hereto and made a part hereof;
WHEREAS, the UTILITY shall construct electric utility line so that
easement does not extend under any permanent building improvement which is
existing or under construction at the time of utility construction;
WHEREAS, the COUNTY is willing to approve the use of County-owned
property for such purposes;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The COUNTY herein approves, for TEN DOLLARS ($10.00) and other
valuable considerations, the use of the County-owned property for the
purpose of constructing, operating, and maintaining electric utilities,
including but not limited to, distribution lines and other related electric
equipment, under and through the property as more particularly described
on Exhibit "A" attached hereto and made a part hereof, hereafter referred
to as "PROPERTY".
2. The approval of the use of the PROPERTY by the UTILITY shall expire
upon grant of a permanent Utility Easement.
3. Upon completion of the construction of the electric utility facilities on the
property, a permanent Utility Easement will be granted for the ten (10) foot
strip of land wherein the electric utility facilities are located. Upon the
completion of construction, the UTILITY shall restore the surface of the
Property to its original condition.
4. This Revocable Temporary License shall be administered on behalf of the
COUNTY by and through the Collier County Real Property Management
Department.
5. The UTILITY, to the extent permitted by law, and as limited by ~768.28,
F.S. shall indemnify, save, protect and hold harmless COUNTY against
any damages and claims arising by reason of UTILITY'S utility installation
or the operation of same,
OR: 2652 PG: 1208
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6. UTILITY covenants and agrees not to assign this Revocable Temporary
License or to permit any other persons to occupy same without the written
consent of COUNTY.
7. The COUNTY and UTILITY specifically agree that this Agreement
represents a license for the UTILITY'S use of the property and does not
convey any estate in the property or create any interest whatsoever.
IN WITNESS WHEREOF, the parties hereto have here made and executed this
Revocable Temporary License as of the day and year first above written.
BOAf3D-'Of COUNTY COMMISSIONERS.
CO)::LIER COUNTY, FLORIDA
BY<
J~
ATTEST:
,DWIGHTE. ,BROCK, Clerk
BY:~o.... D'C'
~ .Jl<:-.Jf~ ,Deputy Cierk
. <"test; ~s tc Cha1rman's
. 1'i1~Aatl,l\"el,~1l1J.
'Approved~s to form and
legalm:!ffiCien~J' L. . ~
fJ ~DlN\ X-~
tor--- Heidi . Ashton
Assistant County Attorney
2
*** OR: 2652 PG: 1209 ***
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EXHIBIT "A"
Page 1 of 1
The East ~ of Section 36, Township 49 South, Range 26 East, Collier County,
Florida, less and except the South 50 feet thereof, and less and except that part
of the East ~ of Section 36, Township 49 South, Range 26 East, less the South
50 feet thereof lying within a transition from 200 feet from Survey Station
89+29.41 to 100 feet at Survey Station 115+64.50 of the survey line of State
Road 838, Section 03001, said survey line and said Survey Stations described
and located as follows: Begin at the Southwest corner of the East ~ of said
Section 36, said point being Survey Station 89+29.41, thence North 88033'20"
East 2,635.09 feet to said Station 115+64.50 at the Southeast corner of said
Section 36, containing 6.06 acres, more or less; together with all rights of
ingress, egress, light, air and view between the parcel conveyed to the grantee
and any facility constructed on the above-described excepted property; reserving
to the grantee the right of access from his property to any service road which
may be constructed on the outer 50 feet of the above-described excepted
property.