Agenda 08/25/2020 Item #16C1 (09/08/2020 Item #16F1G for 08/25/2020 Absentia)08/25/2020
EXECUTIVE SUMMARY
Recommendation to execute “Subordination of County Utility Interests” (Subordination
Agreements) to facilitate the Florida Department of Transportation (FDOT) Interchange
Improvement project at I-75 and SR-951.
OBJECTIVE: To subordinate the Collier County Water-Sewer District’s (CCWSD) utility easement
rights for multiple parcels along Collier Boulevard (SR-951) to enable FDOT to construct interchange
improvements at I-75 and SR-951.
CONSIDERATIONS: The proposed interchange improvements at I-75 and SR-951 will improve traffic
flow and relieve congestion in this area. In the event of conflict between the County’s easement rights and
FDOT improvements, FDOT is willing to pay to have the utility facilities relocated and to acquire
additional easements as necessary.
Real Property Management had recommended various changes to the Subordination Agreements,
however, FDOT is unable to modify its standard form document citing that all other Florida Counties and
FPL have complied with the document without any exceptions. Presently the Subordination Agreements
do not include actual reimbursement of costs. We recognize that these Subordination Agreements are
essential to facilitating the interchange improvement project, and that the County and FDOT have
collaborated on numerous roadway projects in the past, and that a future supplemental agreement between
the County and FDOT will be forthcoming and clarify actual reimbursable costs for this project. Such
supplemental agreement will be presented to the Board when available.
The Subordination Agreements are attached and have been approved by the County Attorney’s Office.
Approval of the following documents by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the
document(s) shall be enforceable against Collier County only to the extent authorized by law in the
absence of such ratification by that Board.
FISCAL IMPACT: There is no financial impact to the County. FDOT will pay all recording fees,
reimbursable costs for relocation of utilities, and reimbursable costs for easement acquisition as
necessary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. - JAB
GROWTH MANAGEMENT IMPACT: This item supports and is consistent with Objective 6 of the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Board, acting as the ex officio governing board of the CCWSD:
1. Agree to subordinate the interest in those lands described in the attached Subordination
Agreements and authorize the Chairman to execute the agreements.
2. Direct the County Manager or his designee to proceed to follow all appropriate procedures and
record the Subordination Agreements in the Public Records of Collier County, Florida.
Prepared By: Jay Malamphy, Property Acquisition Specialist, Facilities Management Division
16.C.1
Packet Pg. 20
08/25/2020
ATTACHMENT(S)
1. Subordination Agreements (CAO approved) (PDF)
16.C.1
Packet Pg. 21
08/25/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doc ID: 13028
Item Summary: Recommendation to execute “Subordination of County Utility Interests”
(Subordination Agreements) to facilitate the Florida Department of Transportation (FDOT) Interchange
Improvement project at I-75 and SR-951.
Meeting Date: 08/25/2020
Prepared by:
Title: – Facilities Management
Name: Jay Malamphy
07/28/2020 2:05 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
07/28/2020 2:05 PM
Approved By:
Review:
Facilities Management Toni Mott Additional Reviewer Completed 07/28/2020 3:18 PM
Facilities Management Damon Grant Director - Facilities Completed 07/28/2020 4:49 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 07/31/2020 2:38 PM
Public Utilities Planning and Project Management Eric Fey Additional Reviewer Completed 08/03/2020 8:58 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 08/04/2020 8:53 AM
Public Utilities Planning and Project Management Benjamin Bullert Additional Reviewer Completed 08/04/2020 9:00 AM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 08/04/2020 9:23 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 08/05/2020 10:19 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 08/06/2020 9:59 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/20/2020 8:44 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/20/2020 9:08 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/20/2020 1:12 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 08/24/2020 11:00 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2020 11:29 AM
Board of County Commissioners MaryJo Brock Meeting Pending 08/25/2020 9:00 AM
16.C.1
Packet Pg. 22
23-UTL.02-05/09
Date: March 25, 2020
This ■nstrument prepared
under the direction of:
Ange■a D. Tucker′ Chief Counse■Post Office Box ■249
City: Bartow′ Florida 3383■―■249
Department of Transportation
F.P. NO. 435■■■2PARCEL ■04.2
SECT10N 03030-000
STATE ROAD 95■
COUNTY Co■■ier
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT, entered int.o this day of
20___′ by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION′ hereinafter called the FDOT′ whose pOst office
address is: Post Office Box ■249′ Bartow′ Florida 3383■―■249
and COLLIER COUNTY′ A FLORIDA POLITICAL SUBDIVISION′ Utility
Agency Organization′ hereinafter called the Utility.
W工 TNESSETH:
WHEREAS, t.he Utility presently has an interest in certain
lands that have been determined necessary for highway pur?oses;
and
WHEREAS, the proposed use of these l-ands for highway
purposes will require subordination of the int.erest claimed in
such lands by UtiliEy Eo t.he FDOT; and
WHEREAS′ the FDOT is willing to pay to
facilities relocated if necessary to prevent
the facilities so that the benefits of each
NOW′ THEREFORE′ in consideration of the
and promises of the parties hereto′ Uti■ity
fol■ows:
have Ehe Utility's
conflict beEween
may be retained.
mutual covenants
and FDOT agree as
Utility hereby su.bordinates to the interest of FDoT, its
successors, or assigns, any and all of its interest in the lands
as fo11ows, viz:
SEE EXHIBIT ∥A"
Page ■ of 5 for Parcel ■04.2
16.C.1.a
Packet Pg. 23 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
RECORDED
INSTR硼 4EヽT DATE FROM TO 0.R.
BOOK/PAGE
Drainage
Easement
07-■■-60 Henderson Creek
Company
Col l ier
County, a
Fl-orida
pol it.ical
subdivis ion
0067
035■
Correct ive
Drainage
Easement
0■-09-6■Henderson Creek
Company
Colfier
County, a
Florida
polit.ical
subdivi s ion
0076
0■27
PROVIDED that the Utilit.y has the following rights:
■.The Utility shall have Lhe right. Eo constsruct,
operaEe. maint.ain, improve, add to, upgrade, remove,
and relocate facilit.ies on, within, and upon the lands
described herein in accordance with the FDOT's current
minimum standards for such facilities as required by
the FDOT Utility Accommodation Manual in effec! at tshe
time the agreemen! is execut.ed. Any new construction
or relocation of facilit.ies wiEhin the lands will be
subject t,o prior approval by the FDOT. Should the
FDOT fail tso approve any new construction or
relocation of facj-Ij-ties by the Utility or require the
Utility to aIter, adjust, or relocate its facj-lities
locat.ed within said Iands, t.he FDOT hereby agrees to
pay the cost of such alteration, adjustment, or
relocat.ion, including, buts not limited to the cost. of
acquiring appropriate easements .
Nolwilhst.anding any provisions set. forth herein, the
lerms of t.he utility permits sha11 supersede any
cont.rary provj-sions. with the excepEion of the
provision herein with reimbursement. rights.
The Ut.il-ity sha11 have a reasonable rights to enter
upon the fands described herein for t.he purposes
outlined in Paragraph 1 above, including the rj-ght to
t.rim such trees, brush, and growt.h which might
endanger or interfere wilh such facilit.ies, provj.ded
that such rights do not inEerfere wit.h t.he operat.ion
and safety of tshe FDOTIs facil-ities.
The Utility agrees tso repair any damage to FDOT
faciliEies and to indemnify the FDOT againsE. any loss
or damage result.ing from lhe Utilit.y exercising its
rj-ghts outl-ined in Paragraphs l- and 3 above.
Page 2 of 5 for Parcel 104.2
16.C.1.a
Packet Pg. 24 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
IN WITNESS WHEREOF, tshe FDOT hereto has executed this agreement
on Ehe day and year first. above wrj.t.ten.
Executed in our presence
as witnesses:
STATE OF FLORIDA
DEPARTMENT OF
TRANSPORTATION
By:
S ignature District Se c re tary/De s ignee
for District One
Print/Type Name
Legal Review:
S ignature
Print/Type Name
STATE OF FLORIDA
COUNrY OF
Department Attorney
The foregoing inslrument was acknowledged before me by means ofphysical presence or online notarization, this
_ day of ′ 20___byDistrict Secretary/Designee for District One. He ls personally
known to me or has produced
identification.
(Affix Seal/Stamp here) Notary Signature:
Printed Name :
Notary Public in and forthe County and Stat.e last
aforesaid.
My Commission Expires :
Serial No. :
Page 3 of 5 for parceL 104.2
as
16.C.1.a
Packet Pg. 25 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
IN WITNESS WHEREOF, the County has caused these presents to
be executed in ■ts name by its Board of County comm■ss■oners
acting by the chairperson or Vice―Chairperson of said Board′ the
day and year aforesaid.
ATTEST:County,
s ignature Florida,
By Its Board of County
Commi s s ioners
Print/Type Name
Clerk(or Deputy Clerk) Signature
PrinE/Type Name
Its Chairperson(or Vi ce - Chairperson )
crant.or (s) ' Mailj-ng Address:
ATTEST
CRYSTAL K KINZEL,CLERK
BY:
Approvcd as to lbrm and lcgalityO
ハ鰤Omy漁 而yぴ tざ夕〆
ベ
Page 4 of 5 for Parcel 104.2
16.C.1.a
Packet Pg. 26 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
F.P. NO. 435■■■2SECTION 03030-000
PARCEL ■04
RIGHT OF WAY
Those porlions of the souEhwesE l/4 of Section 3 and the
northwest l/4 of Section 10, Township 51 Soutsh, Range 25 East,
Col-1ier countsy, Florida.
Being described as folfows:
Commence at the southwest corner of said Section 3′ thence alongthe south line of said southwest ■/4, South 89。22'08″ East a
distance of l′39■.77 feet to the survey base ■ine of state Road
95■ (Collier Blvd)′ thence along said survey base ■ine North
02027′42″ East a distance of 426.96 feet′ thence South 87。32'■8″
East a distance of 298.76 feet for a POINr OF BEG■ヽNING′ thence
South 88。06′20″ East a distance of ■50.04 feet, thence South
00。33′22″ West a distance of 5■0.59 feet to the center line of a
Co■lier County drainage easement (per official Records Book 67′
Page 66 and Officia■ Records Book 76′ Page ■27′ Public Records
of Co■■ier County′ Florida), thence along said center ■ine South
6■。3■'43″ West a distance of ■6.30 feet, thence North 28。28'■7″
West a distance of 55.00 feet to the nOrth easement ■ine of said
dra■nage easementi thence a■ong sa■d north easement ■ine South
6■03■′43″ West a distance of ■24.72 feeti thence North Oo。33′22″
East a distance of 534.43 feet to the POINT OF BECINNING.
Containing ■.73■ acres.
Legal Descr■ption Approved by:
Richard M. "Mike" Benton′ P S.M. #6447
0n March 6′ 20■9EXHIBIT ∥A∥
Page 5 of 5 for Parce■ ■04.2
16.C.1.a
Packet Pg. 27 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
23-UTL.02-05/09
Date: March 25′ 2020
This instrument prepared
under the direction of:
Ange■a D. Tucker′ Chief Counsel
Post Office Box ■249
City: Bartow′ Florida 3383■―■249
Department of Transportation
F.P. NO. 4258432
PARCEL ■00.4
SECTION 03■75-000
STATE ROAD 93(I-75)
COUNrY Collier
SUBORDINATION OF COUNTY UT工 L工 TY INTERESTS
THIS AGREEMENT′ entered into this day of
20___′ by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTAT■ON′ hereinafter called the FDOT′ whose post office
address is: Post Office Box ■249′ Bartow′ Florida 3383■―■249
and BOARD OF COIJNTY COMMISS■ONERS 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′
Utility Agency Organization′ hereinafter cal■ed the Utility.
WITNESSETH:
WHEREAS, the Ut.ility presently has an inEerest in cert.ain
lands that have been det.ermined necessary for highway purposes;
and
WHEREAS′ the proposed use of these lands for highway
purposes wi■l require subordination of the interest c■aimed in
such lands by Utility to the FDOT′ and
WHEREAS, tshe FDOT is willing to pay tso have the Ut.ility's
facj-Iitsies relocated if necessary tso prevent conflict. between
the facilit.ies so thats the benef it.s of each may be reEained.
NOW, THEREFORE. in consideration of the muEual covenants
and promises of the parties hereto, Utj-Iity and FDOT agree as
fol lows :
Utility hereby subordj.nates to the int.erest of FDOT, its
successors, or assigns, any and aff of it.s j.nterest in t.he lands
as foI1ows, viz:
SEE EXHIBIT llA"
Page 1 of 5 for Parcel 100.4
16.C.1.a
Packet Pg. 28 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
INSTRUMEN r
DATE FROM TO O.R.
BOOK/PAGE
Ut il ity
Easement
03-20-06 Randall Benderson
and Dav■d H.
Ba■dauf′ as
Trustees under a
Trust Agreement
dated December
29, ■995′ known
as the Rona■dBenderson ■995
Trust′ and WR―IAssoc■ateS′ Ltd.′
a F■orida limited
partnership
Board of County
Commi ssioners
of Collier
County,
Fl"orida, as tshe
coverning Body
of Collier
County and as
Ex-officio the
Governj-ng Board
of Ehe Collier
County Water-
Sewer Di-strict
OR 40■3PG ■23
RECORDED
PROVIDED that t.he Ut.if it.y has the following rights:
1. The Utility shal1 have the right to construct, operate,
maintain, improve, add to, upgrade, remove, and rel,ocate
facilities on, wit.hin, and upon the lands described herein
i.n accordance with the FDOT's current minimum st.andards
for such facilities as required by Ehe FDOT Utility
Accommodatj.on Manual in effect at the time the agreement
is execuEed. Any new const.ruct.ion or relocat.ion of
faciliE.ies within Ehe lands wilf be subject Eo prj-or
approval by the FDOT. Shoufd the FDOT fail t.o approve any
new construction or relocation of facilities by the
UtsiliEy or require the Ut.ility to aIt.er. adjust., orrelocate its facilities located within said 1ands, the
FDOT hereby agrees to pay Ehe cost of such alteraE.ion,
adjustment, or relocation, includj-ng. buE not limited t.othe cost of acquiring appropriate easement.s.
2. Notr^riEhst.anding any provisions set forth herein, the termsof the uEility permiEs shall supersede any contraryprovisions, with the except.ion of E.he
provj-sion herein !,/it.h reimbursemen! rights.
3. The UtiliEy sha11 have a reasonable right. to enter uponthe lands described herej-n for Ehe purposes outlined in
Paragraph 1 above, including t.he right Eo trim such t.rees,brush, and growt.h which mighE. endanger or interfere with
such facilj.ties, provided that. such rights do notinterfere with t.he operatj-on and safety of the FDOT ' sfacilities.
4. The Utility agrees to repair any damage Eo FDOT facifities
and Eo indemnify the FDOT against any Loss or d.amage
Page 2 of 6 for Parcel ■00 4
①
16.C.1.a
Packet Pg. 29 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
resulEing from the Utility exercising it.s rights outlined
in Paragraphs 1 and 3 above.
Page 3 of 6 for Parcel 100.4
16.C.1.a
Packet Pg. 30 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
IN WITNESS WHEREOF′ the FDOT hereto has executed this
agreement on the day and year first above wr■tten.
Executed in our presence
as wit.nesses:
S ignature
By:
STATE OF FLORIDA
DEPARTMENT OF
TRANSPORTATION
District S ec re tary/De s j- gnee
for Di-strict One
Print/Type Name
Legal Review:
s ignature
Print/Type Name
STATE OF FLORIDA
COUNTY OF
Department. Attsorney
The foregoing instrument was acknowledged before me by
means of physical presence or _online notarization, this
_ day of ′ 20___by
Districts Secretary/Designee for District One. He is personatly
known to me or has produced
as identification.
(Af fix Seal/Stamp here) Notary Signature;
Print.ed Name :
Nolary Public j-n and for
the County and Stat.e
last. aforesaid.
My Commission Expires :
Seri.al No . :
ATTEST
CRYSTAL Xt KINZEL、CLERK
BY:
Approvcd as lo form anrl L'gality
essisrunr CountyTrr,rnF
Page 4 of 5 for parcel 100.4
16.C.1.a
Packet Pg. 31 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
16.C.1.a
Packet Pg. 32 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
IN WITNESS WHEREOF, the County has caused t.hese presents Lo
be executed i-n its name by its Board of County Commissioners
acting by the Chairperson or Vice-ChaJ-rperson of said Board, the
day and year aforesaid.
ATTEST:County,
Signature Florida,
By Its Board of County
Commissioners
Print/Type Name
Clerk(or Deputy Clerk) Sig'nature
Print/Type Name
Its Chairperson(or Vice-Chairperson)
Grantor(s)' Mailing Address:
Page 5 of 5 for Parcel 100.40 16.C.1.a
Packet Pg. 33 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
FP. NO. 4258432
SECTION 03■75-000
PARCEL ■00
RIGHT OF WAY
That portion of Lots 5. Marke! CenEer, a Replat of a Portion of
cator cate, Plat Book 7, Page 2 and a Portj-on of catsor Gate UniE
2, Pfat Book 7, Page 54 and a Subdivision of a Portion of Ehe
Northeast l/4 of Section 3, Township 50 South, Range 26 East, as
per plat thereof recorded in PIat, Book 41, Page 60, Pu.blic
Records of Collier County, Florida.
Being described as foffows:
Commence at Ehe nort.heast corner of tshe northeast l-/4 of said
SecEion 3, said point being on t.he survey base line of State
Road 951, also known as Collier BIvd.; thence along the east
line of said northeasi l/4 and said survey base line South
00050'27" WesE a distance of 1,608.23 feet; thence SouEh
89o20' l-l-" West a distance of 101.11 feeE Eo the intersection
wit.h t.he wesE existing right of way line of said Stat.e Road 95l-(per Section 03510-2502) and E.he southeast corner of said Lot 5
for a POINT OF BEGINNING; thence along the soutsh fine of said
Lots 5, continue South 89020'11" West a distance of 22.22 feeE;
tshence North 01034'45" East a distance of 229.1-0 feet; thence
North 44045'47" WesL a distance of 7.52 feet t.o the south right.
of way line of Business Circle also known as Business Circle
Nortsh lTract R-1 (per said plat)] and the north fine of said Lot
5 and t.he beginning of a curve having a radius of 25. O0 feet;
thence along said south existing right of way line and said
north line the arc of said curve to the right a distance of
39.97 feet. through a cenEral angle of 9]-036' 17,, with a chord
bearing South 44057'41" East tso said west exisEing righE of wayline of State Road 951 and to tshe end of said curve; t.hence
along said west existing right of way line Sout.h OOo5O,2Zz West.
a dist.ance of l-93.07 feeE; thence conEinue along said westexisting righE of way line South 04045,27,, wes| a distance of15.73 feet. Eo the POINT OF BEGINNING.
Conlaining 4,957 sqoare feet..
Legal Description Approved by:
Richard M. ∥Mike∥ Benton′ P.S,M. #6447
0n August 22′ 20■8EXHIBIT ∥A∥
Page6 of 6 for Parcel ■00.4
16.C.1.a
Packet Pg. 34 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
23 -VTr, . 02 - 05 / 09
DaCe: October 9, 2018
This instrument prepared
under tshe direction of:
Angela D. Tucker, Chief Counsel
Post Office Box 1-249
City: Bart.ow, Florida 3383L-L249
DeparEmenE of TransporEaEion
F.P. NO. 4258432
PARCEL ■0■.4
SECT■ON 03■75-000
STATE ROAD 93(■-75)
COUNTY Collier
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT′ entered into this day of
20 ′ by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION′ hereinafter called the FDOT′ whose pOst office
address is: Post Office Box ■249′ Bartow′ Florida 3383■―■249
and BOARD OF COUNrY COn4MISSIONERS OF COLLIER COUNTY′ FLORIDA AS
THE GOVERNING BODY OF COLLIER COUNTY ANII AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER―SEWER DISTRICT′
Utility Agency organization′ hereinafter called the Utility.
WITNESSETH:
WHEREAS, Ehe Utility presenEly has an interest in certain
lands that have been determined necessary for highway purposes;
and
WHEREAS′ the proposed use of these lands for highway
purposes wi■■ require subordination of the interest c■aimed in
such ■ands by Utility to the FDOT, and
WHEREAS′ the FDOT is willing to pay to have the Utilityis
facilities relocated if necessary to prevent conflict between
the facilities so that the benefits of each may be retained.
NOW, THEREFORE, in considerat.ion of Ehe mutual covenants
and promises of the parties hereto, Utility and FDOT agree as
follows:
Utj-lit.y hereby subordinates to Ehe inlerest of FDOT. it.s
successors, or assigns, any and aII of iEs interest in the lands
as follows, viz:
SEE EXHIBIT ::A::
Page 1 of 7 for Parcel 101.4
16.C.1.a
Packet Pg. 35 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
RECORDED
PROVIDED that the Utility has the following rights:
The UEi-1i.ty shall- have the right. t.o construct..
operate, maintain, improve, add to, upgrade, remove.
and relocate facifities on, within, and upon t.he lands
described herein in accordance with the FDoT's current.
minimum standards for such faciliEies as required bythe FDOT Utility Accommodation Manual in effect at t.he
Eime the agreement is execut.ed. Any new construction
or rel-ocat.ion of facilities wit.hin the lands will be
subjects to prior approval by the FDOT. Should the
FDOT fail to approve any new construction or
relocat.ion of faciliEies by the Utsility or require theUtilit.y Eo a1tser, adjusc, or relocate iE.s facilities
locaEed within said ]ands, the FDOT hereby agrees topay tshe cost of such al-t.erat j-on, adjustmen!, or
reLocatsion, including, but not limiEed to the cost ofacquiring appropriate easements .
Notwithstanding any provisions seE. forth herein, the
Eerms of the utility permits sha]I supersede any
conErary provisions, wiEh the except. j-on of t.heprovision herein with reimbursement right.s.
The Utility shalf have a reasonable right to enter
upon tshe lands described herein for the purposes
outlined j-n Paragraph l- above, inctuding the right to
Erim such trees, brush, and growth which might
endanger or interfere with such faciliti.es, provided
thaE such right.s do not. interfere with the operation
and safety of the FDOT's facil-ities.
The UtiliE.y agrees to repair any damage to FDOT
facilities and Eo indemnify the FDOT against. any 1oss
INSTRUMEN r
DATE FROM TO 0.R.
B00K/PAGE
utility
Easement
03-20-06 Randall Benderson
and Dav■d H.
Ba■dauf′ as
Trustees under a
Trust Agreement
dated December
29′ ■995, known
as the Rona■dBenderson ■995
Trust′ and WR―IAssociates′ Ltd.′
a Florida limited
partnership
Board of County
Commi ss ioners
of Collier
County,
Florida, as the
Governing Body
of Colfier
County and as
Ex-Officio the
Governing Board
of the Co11i-er
CounEy Water-
Sewer District
OR 40■3PG ■23
Page 2 of 7 for ParceL 101.4
16.C.1.a
Packet Pg. 36 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
or damage resul-ting from the Utilitsy exercising itss
rights outlined in Paragraphs 1 and 3 above.
Page 3 of 7 for Parcel l-01.4
16.C.1.a
Packet Pg. 37 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
IN WITNESS WHEREOF′ the FDOT hereto has executed this
agreement on the day and year first above written.
Executed in our presence
as witnesses:
STATE OF FLORIDA
DEPARTMENT OF
TRANSPORTATION
District Secretary/Designee
for District one
By:
signature
Print/Type Name
L,ega1 Review:
S ignature
Print/Type Name
STATE OF FLORIDA
COUNTY OF
Department Attorney
The foregoing instrument was acknowledged before me by
means of physical presence or _online notarization, t.his
day of ′ 20___by
Dist.rict. Secretary/Designee for Dj-strict one. He is personal-ly
known t.o me or has produced
as identification.
(Affix Seal/Stamp here) Notary Sigrnature:
Printed Name :
Notary Pu-blic in and for
the County and State
last aforesaid.
My Commission Expires :
Serial- No. :
Page 4 of 7 for Parcel 101.4
16.C.1.a
Packet Pg. 38 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
IN WITNESS WHEREOF, the County has caused these presents to
be executed in its name by its Board of County Commissioners
acting by the Chairperson or Vice-Chai-rperson of said Board, the
day and year aforesaid.
ATTEST:County,
Signature Florida,
By Its Board of County
Commissioners
Print/type Name
Clerk(or Deputy Clerk)Signat.ure
Print/Type Name
Its Chairperson(or Vice-Chairperson)
Grantor(s)' Mailing Address:
AT‐「EST Approved as to fbrm 8nd kgaliryCRYSTAL K. KTNZEL, CLERK
BY:Assistant Corn y aGil
Page 5 of 7 for Parcel 101.4
16.C.1.a
Packet Pg. 39 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
FP. NO. 4258432
SECT■ON 03■75-000
PARCEL ■0■
LIMITED ACCESS RIGI{T OF WAY
A) Thats portsion of Lot 5, Market. Center, a Replat of a Porlion
of Gator Gate, Plat Book 7, Page 2 and a Port.ion of Gat.or Gate
Unit 2. P1ats Book 7, Page 54 and a Su.bdivision of a Portion of
the NortsheasL L/4 of Sectsion 3, Township 50 South. Range 25
Eas!, as per plat t.hereof recorded in Plat Book 41. Page 50,
Pu-bfic Records of Collier County. Fforida.
Being described as follows:
commence aE t.he northeast corner of the northeast 1/4 of said
Section 3, said point being on the survey base line of State
Road 951, also known as Collier Bfvd.; thence afong the east
line of said norEheasl l/4 and said survey base fine South
00050'27" WesE a distsance of 950.05 feets; tshence North 89042'59"
WesE a distsance of 100.00 feet. t.o an intersect.ion wiEh Ehe west
existing right of way line of said State Road 951 (per Section
03510-2602) and t.he norEheast. corner of said Lot. 6, for a POINT
OF BEGINNING; t.hence along said west existing right of way line
and the east line of said Lot 5, south 00050'27" wesL a distance
of 329.05 feet. Eo the north exist.ing right of way line of
Business Circle also known as Business Circle Nortsh lTract R-]-
(per said plaE)J and the south line of said L,ot 6 and to the
beginning of a curve having a radius of 25.00 feets; t.hence along
said nort.h existing right. of way line and saj-d south line t.he
arc of said curve t,o the right. a dist.ance of 8.59 feet t.hrough a
central angle of 19040'44" w]-E]f a chord bearing South l-0o40'49,,
west. to the end of said curve; thence North 01010'32" West. a
distance of 95.73 feet to tshe beginning of a curve having a
radius of 9,552.25 feeE; thence along the arc of said curve to
the right a distance of 247.77 feeE through a central angle of
Olo27' 01" with a chord bearing North 00027'01,, West to t.he nort.h
line of said Lot 5 and to the end of said curve,. thence along
said north line SouEh 89o42' 59" EasE a distance of 10.28 feet t.oIhe POINT OF BEGINNING.
Containing 2,247 sqoare feet.
Together with all rights of ingress, egress, Iight, air, andview between the grantor, s remaining property, if any, and anyfacilit.y construct.ed on E.he above described property,
ALSO
EXHIBIT ∥A∥
Page 6 of 7 for Parce■ ■o■.4
16.C.1.a
Packet Pg. 40 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
RIGHT OF WAY
B) That portion of Lot 5, Market Cent.er, a Replat of a portion
of Gat.or Gate, Plat Book 7, Page 2 and a Portion of cator GateUnit 2, PlaE. Book 7, Page 54 and a Subdj-vision of a portion of
tshe Northeast f/4 of Seclion 3, Township 50 South, Range 26
East, as per plat thereof recorded in Plat Book 41, page GO,
Public Records of Collier County, Florida.
Being described as follows:
Commence at the norEheast. corner of the northeasE 1/4 of said
Section 3, said point being on the survey base fine of Stat.e
Road 951, also known as Collier Bfvd.; tshence along Ehe eastline of said northe asE f/4 and said survey base line South
00050'27" WesL a disEance of 950.05 feet; t.hence Nort.h 89042.59,,
west a distance of l-l-0.28 feet to a poj-nt on t.he north l-ine ofsaid Lot 6 and to the beginning of a curve having a radius of
9,552.25 fee! for a POINT OF BEGINNING, thence along Ehe arc ofsaid curve to the left. a distance of 24:- .'77 feeE through a
cent.ral angle of O7.o27' 01" with a chord bearing South OOo27, Ol-,,
East. t.o the end of said curvei thence South 01010,32,, E,asE a
disEance of 95.?3 feeE. to the north existing right of way 1ineof Business Circle al-so known as Business Circle North lTract. R-1 (per said plat)l and to the south line of said Lot. 6 and the
beginning of a curve having a radius of 25. OO feet, thence alongsaid north exist.ing right of way 1j-ne and said sout.h line thearc of said curve to Ehe righE a distsance of 27.22 feeX througha central angle of 52023' 15" wit.h a chord bearing South
51o42' 48" West. to the end of said curve,. thence Nort.h 5l-o25,59,,
East. a distance of 3.50 feet; t.hence North 01034,46" East. a
distance of 53.52 feeE; Ehence Nort.h 01010,32,, West a distanceof 55.57 feeE tso the beginning of a curve having a radius of
9,567.54 feet.; thence along the arc of said curve to the right. adistance of 242.15 feet through a central angle of OLo27,O!"with a chord bearing North 00027,01-,, West t.o said north l-j-ne ofLot 6 and to E.he end of said curve; thence along said north line
SouEh 89042'59" East. a distance of 15.29 feeE to the POINT OF
BEGTNNING.
Containing 5.383 square feet..
Lega■ Description
Richard M. ∥Mike∥
On October 9′ 20■8Approved by:
Benton′ P.s.M. #6447
EXHIBIT ∥A∥
Page 7 of 7 for Parce■ ■01.4
16.C.1.a
Packet Pg. 41 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
23-UTL.02-05/09
Date: March 25′ 2020
This instrument prepared
under the direction of:
Ange■a D. Tucker′ Chief Counsel
Post Office Box ■249
City: Bartow′ F■orida 3383■―■249
Department of TranspOrtation
F.P. N0 4258432
PARCEL ■04.2
SECTION 03■75-000
STATE ROAD 93(■-75)
COUNTY Co■■ier
SUBORD工 NAT■ON OF COUNTY UTILITY INTERESTS
THIS AGREEMENT′ entered into this day Of
20 , by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION′ hereinafter ca■■ed the FDOT′ whose post officeaddress is: Post Office Box ■249′ Bartow′ Florida 3383■―■249
and BOARD OF COUゝ rY 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′
Utility Agency organization′ hereinafter called the Utility.
W工 TNESSETH:
WHEREAS, the Utilit.y presentl-y has an interest in certain
lands that have been deEermined necessary for highway purposes;
and
WHEREAS, t.he proposed use of these lands for highway
purposes wiII require subordination of t.he interest claimed in
such lands by UtiliEy to the FDOT; and
WHEREAS′ the FDOT is wi■■ing to pay to have the uti■ity's
faci■ities relocated if necessary to prevent conf■ict between
the facilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideratj-on of E.he mutual covenants
and promises of Ehe parties hereto, Utility and FDOT agree as
fol-1ows:
Utility hereby subordinates tso lhe interest of FDOT, its
successors, or assigns, any and al,l, of its int.erest. in the lands
as fo11ows, viz:
SEE EXHIBIT ::A::
Page 1 of 7 for Parcel 104.2
16.C.1.a
Packet Pg. 42 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
RECORDED
INSTRUMENT DATE FROM TO 0。R.
B00K/PAGE
Uti■ity
Easement
03-20-06 Victoria Estates, Ltd., a
Florida limited
partnership; Walden Avenue-
Blend-A11 Hotel
Development, fnc., a New
York corporation; Ranger-1,
L.L.C., a Florida limited
liability company; RB-3
Assocaties, a New York
g'eneral partnership;
Randall Benderson, Ronald
Bendersona and David H.
Baldauf as trustees under a
trust agreement dated
October 14, 1985, known as
the Benderson 85-1 Trust;
Buffalo-Greenbriar
Associates, LLC, a New York
limited liability company;
and Ronald Benderson and
David H. Baldauf as
Trustees under a Trust
Agreement dated September
22, 1,993, known as the
Randall Benderson 1993-1
Trust; Randall Benderson
and David H. Haldauf,
Trustees under a Trust
Agreement dated December
29, 1995, known as the
Ronald Benderson 1995
Trust; and WR-l- Associates,
Ltd., a Florida limited
partnership
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
OR
PG
40■38■
Deed of
Utility
Easement
03-■3-08 Davis Crossings, LLC; Davis
Crossings fI, LLC; Davis
Crossings III, LLC; Davis
Crossings IV, LLC; Davis
Crossi-ngs V, LLC; Davj-s
Crossings Vf, LLC; Davis
Crossings VII, LLC; Davis
Crossings VIII, LLC, each a
Florida limited liability
company
Board of
County
Commissioners
of Collier
County,
Florida as
the governJ-ng
body of
Collier
County and as
ex-officio
the governing
board of the
Collier
County Water-
Sewer
District
OR 4546
PG 928
Page 2 of 7 for Parcel 104.2
16.C.1.a
Packet Pg. 43 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
3.
PROVIDED thats the Utility has the following rights:
1.The Utilit.y shall have the right. to construct.,
operate, mai-ntain, improve, add to, upgrade, remove,
and relocaEe facilit.ies on, within, and upon Ehe lands
described herein in accordance with t.he FDOT's current
minimum slandards for such facilities as reguired by
the FDOT Utility Accommodation Manuaf in effect at tshe
t.ime the agreement is execut.ed. Any new construction
or relocation of facilities within t.he lands will be
subject to prior approval by the FDOT. Should the
FDOT fail to approve any new construction or
relocaEion of facilities by the Utility or require the
Utility to a1Eer, adjust, or reLocate it.s facilities
located within said lands, the FDOT hereby agrees to
pay the costs of such al-terat.ion, adjustment., or
relocatj-on, including, but not limited to the cost of
acquirj-ng appropriate easements.
Notwithstanding any provisions seE forth herein, the
Eerms of the utility permits sha11 supersede any
contrary provisions, with the exception of the
provision herein with reimbursement rights.
The Ut.il-iEy sha11 have a reasonabfe right to enter
upon t.he lands described herein for the purposes
outlined in Paragraph 1 above, including the right to
trim such t.rees, brush, and growth which might
endanger or interfere with such facilities, provided
that such right.s do noE. interfere wj-t.h the operat.ion
and safety of the FDOT ' s facilities.
The Ut.ility agrees to repair any damage to FDOT
faciliEies and to indemnify tshe FDOT against any lossor damage resulling from the UEility exercising it.s
rights ouElined in Paragraphs 1 and 3 above.
Page 3 of 7 for Parcef 104.2
16.C.1.a
Packet Pg. 44 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
IN WIrNESS WHEREOF, tshe FDOT hereEo has executed this
agreement. on the day and year first above written.
Executed in our presence STATE OF FITORIDA
as wil,nesses: DEPARTMENT oF
TRANSPORTATION
By:
S ignature DisErict Sec re t.ary/Des ignee
for Dist.rict One
Print/Type Name
Legal Revj-ew:
S ignature
Print/Type Name
STATE OF FLORIDA
COUNTY OF
Department. AEEorney
The foregoing instrument. was acknowledged before me by
means of physical presence or online notarizat.ion, this
_ day of ′ 20___ byDisErict Secretary/Designee for Dist.rict One. He is personally
known to me or has produced
as identification.
(Affix Seal/Stsamp here) Not.ary signat.ure:
Pri-nted Name :
Notary Public j-n and for
t.he County and State
last aforesaid.
My Commission Expires :
Serial No.:
Page 4 of 7 for parce■ ■04.2
16.C.1.a
Packet Pg. 45 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
fN WITNESS WHEREOF, the County has caused these presents to
be executed in its name by its Board of County Commissioners
acting by the Chairperson or Vice-Chairperson of said Board, the
day and year aforesaid.
ATTEST:County,
Signature Florida,
By fts Board of County
Commissioners
Print/Type Name
Clerk(or Deputy Clerk)Signature
Print/T1pe Name
Its Chairperson(or Vice-Chairperson)
Grantor (s)' Mailing Address:
ATTEST
CRYSTAL K. KINZEL, CLERK Approvcd as to tbrm arrrl hgulity
BY:
Assistant County AttoLncy
Page 5 of 7 for parcel L04.2
16.C.1.a
Packet Pg. 46 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
FP. NO. 4258432
SECT■ON 03■75-000
PARCEL ■04
LIMITED ACCESS RIGHT OF WAY
A) That portion of TracE 1, Gator GaEe, as per plat. thereof
recorded in Plat Book 7, Page 2, and that port.ion of TracL 2,
Gator GaCe Unit 2. as per p1at. t.hereof recorded in P1at. Book 7,
Page 54, all being of Public Records of Coflier County, Florida,
boEh subdivisions lying in Section 3, Township 50 South, Range
25, EasE, Collier County, Florida.
Bei-ng more particufarly described as follows:
Commence aE lhe northeast. corner of the northeast 1/4 of said
Sect.ion 3, said point being on t.he survey base line of St.ace
Road 951, also known as Collier Blvd; thence along said survey
base line South 00050'27" WesL a dist.ance of 950.05 feeE; Ehence
NorEh 89042'59" West. a di-sEance of 100.00 feet. t.o an
interseclion with the west. existing ri-ght of way line of said
State Road 951 (per Sectsion 03510-2502) and the southeast corner
of Gator Gate subdivision (per Market Center, a replat. of aportion of Gator cate, Plat Book 7, Page 2 and a portion of
cator Gat.e Unit. 2, Plat Book 7, Page 54 and a subdivj-sj-on of aportion of t.he nort.heast 7/4 of Section 3, Township 50 Sout.h,
Range 26 East. as per plaE thereof recorded in Plat Book 41,
Page 50, Public Records of Collier County, Florida) for a POINT
OF BEGINNING; thence along the souEh lj-ne of said Gator Gate
subdivision continue North 89042'59" West. a distance of 10.28
feet to the beginning of a curve having a radius of 9,552.25feet; Ehence along the arc of said curve to the right a distanceof 257.71 feet Ehrough a cent.ral angle of O1o32,45" wiE.h a chord
bearing North 01002'51" East Eo the end of said curve; thenceNorth 03059'l-5" EasE a distance of 148.52 feet. t'o the southexist.ing right of way line of Davis Bl_vd. to Collier B1vd. Ramp(per Offi.cial Records Book 5202, page 2844, public Records ofCollier County, Fl-orida) and the beginning of a curve having aradius of 865.71 feet; t.hence along said south existing right ofway line the arc of said curve to t.he right. a distance of 3.23feet. t.hrough a central angle of 00012,51,, wj-th a chord bearing
South 20042'40" East t.o said west existing right of way 1ine ofstat.e Road 951 and the east line of said Gator cate Units 2 (persaid Market Center plat) and lhe end of saj-d curve; thence alongsaid west existing right. of way line and said east line South00050'27" WesL a distance of 351.9? feet to the southeasE cornerof said cat.or cat.e Unit 2 subdivision (per said Market Center
p1ats) ; thence along the eas! line of Gat.or Gate subdivision (persaid Market. Center plat) and continue along said west existingright of way line Sout.h OOo5O'27,, WesE a distance of 51.02 feerTo The PO]NT OF BEGINNING.
Containj-ng 3,458 square feet
EXHIBIT "A"
Page 6 of 7 for Parcel ■04
16.C.1.a
Packet Pg. 47 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
ALSO
RIGHT OF WAY
B) That portion of Tract. 1, catsor cate, as per plat thereof
recorded in PIat Book 7, Page 2, and that port.ion of Tract 2,
cator Gate Unit. 2, as per plat thereof recorded j-n Plat Book T,
Page 54, all being of Public Records of Collier County. Florida,
botsh subdivisions lying in Sectsion 3, Township 50 South, Range
25, Easlc, Collier County, Florida.
Being more particu■arly described as follows:
Commence at the northeast corner of the northeast ■/4 of said
Section 3′ said point being on the survey base ■ine of state
Road 95■′ a■so known as Co■■ier Blvd′ thence along said survey
base ■ine South 00050′27″ West a distance of 950.05 feet′ thence
North 89。42′59″ West a distance of ■■0.28 feet to a point on the
south line of said Cator Cate subdivision (per Market center′ areplat of a portion of Gator Gate, Plat Book 7′ Page 2 and aportion of Gator Cate Unit 2′ P■at Book 7′ Page 54 and asubdivision of a portion of the northeast ■/4 of Section 3′Township 50 South′ Range 26 East′ as per p■at thereof recorded
■n P■at Book 4■, Page 60′ Public ReCords of Col■ier county′
Florida)for a POINT OF BEGIヽ NING′ thence along said south linecontinue North 89042′59″ West a distance of 40.82 feet′ thenceNorth ■3005′22″ East a distance of 68.05 feet, thence North
00006′25″ East a distance of 428.33 feet to the south existing
right of way ■ine of Davis B■vd. to Collier Blvd. Ramp (per
Officia■ Records Book 5202, Page 2844, Pub■ic Records of c。1lier
County′ F■orida)and the beginning of a curve having a radius of
865.7■ feet′ thence along said south existing right of way linethe arc of said curve to the right a distance of 97.40 feet
through a centra■ ang■e of o6。26′46″ with a chord bearing sOuth
24002'29″ East to the end of said curve, thence South o3059′■5″West a distance of ■48.62 feet to the beginning of a curve
having a radius of 9′552.25 feet′ thence along the arc of saidcurve to the ■eft a distance of 257.7■ feet through a central
ang■e of O■032′45″ with a chord bearing south o■Oo2'5■″ West tothe end of said curve and to the pO■NT OF BECINNING.
Containing ■4′498 square feet.
Lega■ Description Approved by:
Richard M. ∥Mike∥ Benton′ P.s.M. #64470n 」anuary 29′ 2■08
EXHIBIT ∥A"
Page 7 of 7 for Parce■ ■04.2
16.C.1.a
Packet Pg. 48 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
23 -UTL. 02- 05 / 09
Date: Marc}) 25, 2020
This instrument prepared
under the direction of:
Angela D. Tucker, Chief Counsel
Post Office Box 1249
City: Bartsow, Florida 33831--1249
Department of TransporEat.ion
F.P. NO. 4258432
PARCEL ■05.2
SECT■ON 03■75-000
STATE ROAD 93(I-75)
COUNTY Co■lier
SUBORD工 NAT■ON OF COUNTY UT■LITY 工NTERESTS
THIS AGREEMENT, entered into t.his day of
20___′ by and between the sTATE OF FLORIDA DEPARTMENT OF
TRANSPORTAT工 ON′ hereinafter called the FDOT′ whose post officeaddress is: Post Office Box ■249′ Bartow′ Florida 3383■―■249
and BOARD OF COUヽ TY COMMISSIONERS OF COLLIER COUNTY′ FLORIDA′ AS
THE COヽ ′ERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO COVERNING
BOARD OF THE COLLIER COUNrY WATER―SEWER DISTRIC=′ Uti■ity Agency
Organization′ hereinafter called the Utility.
W工 TNESSETH:
WHEREAS′ the Utility present■y has an interest in certain
lands that have been dete.lllined necessary for highway purposes′
and
WHEREAS′ the proposed use of these lands for highwaypurposes wi■■ requ■re subordinatiOn of the interest c■aimed insuch ■ands by Utility to the FDOT, and
WHEREAS, Ehe FDOT is willing to pay t.o have the ut.iIit.y,sfacilitles rel-ocated if necessary t.o prevent conf 1j-c! betweenthe facilities so that the benef iE.s of each may be ret.ained.
NOW, THEREFORE, in consideration of the mutual covenants
and promises of the parties hereto, Utility and FDOT agree asfol lows :
Utility hereby su.bordinates Eo the interest of FDOT, it.ssuccessors, or assigns, any and afI of its int.erest in the landsas folIows, viz:
SEE EXHIBIT ■A::
Page 1 of 6 for parcel 105.2
16.C.1.a
Packet Pg. 49 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
INSTRUMEN r DATE FROM TO O.R.
B00K/PAGE
Order of
Taking for
permanent
utility
easement
04-■7-06 A. I., .
Petroleum,
Inc. . et
aI .
Board of CounEy
Commissioners of
Collier County and as
Ex-Officio Governj-ng
Board of the C,overnj-ng
Body of Collier Cor-rnty
water-Sewer Dislrict
OR 402■
PG 227■
Sts ipulaced
Final
,fudgmenE
for
permanent.
uEil j-Ey
easement
06-2■-06 A.L.
Pet.roleum,
Inc. , et
a1 .
Board of CounEy
Commi-ssioners of
Collier County and as
Ex-Officio Governj-ng
Board of the Governing
Body of Collier County
water-Sewer District.
OR 4062
PG 95
RECORDED
PROVIDED thaE the Utility has the following rights:
l-. The Utility sha1l have tshe rights t.o construct, operate,
maintain, improve, add to, upgrade, remove, and relocat.e
facilities on, within. and upon the lands described herein
in accordance wit.h t.he FDOT'S current minimum standards
for such facj-lities as required by the FDOT Ut.ility
AccommodaE.ion Manual in effect. at the Eime the agreemenE
is executed. Any new construclion or relocation of
facilities within tshe l-ands will be subject Eo prj-or
approval by the FDOT. Should tshe FDOT fail to approve any
new construction or relocation of facilities by the
UtiliEy or require the Utility to a1ter, adjust, or
relocaEe iEs facilj-tsies located within saj-d 1ands, the
FDOT hereby agrees to pay the cost of such aIleration,
adjustsmen!, or relocation, including, but not limited to
the costs of acquiring appropriate easementss.
2. Notwithstanding any provisions set forth herein, the terms
of the utility permits shaI1 supersede any contrary
provisions, with the exception of the
provision herein with reimbursement. rights.
3. The UEility shaI1 have a reasonable right to enter upon
tshe lands described herein for the purposes outlined in
Paragraph 1 above. including the right Eo Erim such t,rees,
brush, and growlh which might. endanger or int.erfere wit.h
such faciliEies, provided that. such right.s do noE
interfere wiEh the operat.ion and safet.y of the FDOT's
facilities.
Page 2 of 5 for Parcel 105.2
16.C.1.a
Packet Pg. 50 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
4. The Utility agrees to repair any damage to FDOT facilitsies
and to indemnify the FDOT against any loss or damage
resultsing from the Utility exercising its rightss outlined
in Paragraphs 1 and 3 above.
Page 3 of 6 for Parcef 105.2
16.C.1.a
Packet Pg. 51 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
IN WITNESS WHEREOF′ the FDOT hereto has executed this
agreement on the day and year first above written.
Executed in our presence sTATE OF FLORIDA
as witnesses: DEPARTMENT OF
TRANSPORTATION
By:
Signat.ure Distrj-ct Secretary/De s i gnee
for Dist.rict One
Print/T)4>e trtame
Leg'af Review:
S ignat.ure
Print/Type Name
STATE OF FLORIDA
COUNTY OF
Department Attorney
The foregoing instrument was acknowledged before me by
means of physical- presence or _online notarization, this
_ daw .tf _ 20_ h1,
Dist.rict. Secretary/Designee for District One. He is personally
known to me or has produced
as identification.
(Affix Seal/Stamp here) Not.ary Signature:
Print.ed Name :
Notary Publ-ic in and for
t.he Count.y and Stat.e
last aforesaid.
My Commission Expires :
Serial No.:
Page 4 of 6 for Parcel l-05.2
16.C.1.a
Packet Pg. 52 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
IN WITNESS WHEREOF. the County has caused these presents Eo
be execut.ed in iEs name by its Board of CounEy Commissioners
acting by the Chairperson or Vice -Chairperson of said Board, the
day and year aforesaid.
ATTEST:County.
S igmature Florida,
By Its Board of County
Commi s s ioners
Print/Type Name
Clerk(or Deputy Clerk) Signature
Print./Type Name
Its Chairperson(or Vi ce - Chai rperson )
Grantor (s) ' Mailing Address:
AT「EST
CRYSTAL K KINZEL,CLERK
BY:
Appmved as lo lbrm an(l le8rlrly
♪t♂で
Page 5 of 6 for Parcel 105.2
16.C.1.a
Packet Pg. 53 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
FP. NO. 4258432
SECTION 03■75-000
PARCEL ■05
LIMITED ACCESS RIGHT OF WAY LINE
A) All rights of egress, ingress, light, air and view between
the grrant.or's remaining propert.y and a L,imited Access right of
way line lying in Section 3, Township 50 South, Range 2G East.,
Co11ier county, Florida.
Being described as follows:
Commence at the nort.heast. corner of the northeast 1/4 of said
Section 3, said point. being on the survey base line of State
Road 951 (Co11ier Blvd) ; thence along the easE line of said
nort.heasE l/4 arLd said survey baseline South 00050,27,, WesE a
distance of 450.98 feet; thence Nort.h 89009,33,, west a distance
of 100.00 feeE Eo Ehe west existing right of way line of said
State Road 951 (per Section O35lO-2502) t.o BEGIN said Limited
Access righE of way line; thence along sald west existing right
of way line Nort.h 00050'27" EasL a dislance of 321,.37 feet to
END said Limited Access right of way 1ine.
ALSO
LIMITED ACCESS RIGHT OF WAY LINE
B) AIl righls of egress, ingress, 1ight, air and view bet.ween
t.he grantor's remaining property and a L,imit.ed Access right of
way line lying in Sect.ion 3, Township 50 SouEh, Range 26 East.,
Collier County, Florida.
Being described as follows:
Commence at the northeast corner of t.he nortsheast 1/4 of said
Section 3, said point being on t.he survey base fine of Stat.e
Road 951- (Collier Blvd) ; thence along the easE Ij-ne of said
northeast L/4 arld said survey baseline South 00o50,27,, west a
distance of 50.00 feet; t.hence North 89043,23,, West a distance
of 100.00 feet to the west existing right. of way line of said
State Road 951 (per Sect.ion 03510-2602) Eo BEGfN said Lj-mited
Access right of way line; thence along said west. existj-ng right
of way line South 00050'27" Wesl a distance of 4L.29 feet !o END
said Limiled Access right. of way 1ine.
Legal Description Approved by:
Richard M. ∥Mike∥ Benton′ P,S.M. +6447
0n 」anuary 29′ 20■8EXHIBIT ∥A∥
Page 6 of 6 for Parcel ■05.2
16.C.1.a
Packet Pg. 54 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
23-VTr.,.Ot-06/93
DaEe: l(arcl]- 25, 2020
This instsrument prepared
under the direction of:
Angela D. Tucker, Chief Counsel
Post office Box L249
City: Bartow, Florida 3 3 831- 124 9
Departsments of Transportation
F.P NO. 4258432
PARCEL 70■.4
SECTION 03■75-000
STATE ROAD 95■
COUNrY Co■■ier
SUBORDINATION OF UT工 L工 TY 工NTERESTS
FOR TEMPORARY EASEMENTS
THIS AGREEMENT′ entered into this day of
20 ′ by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION′ hereinafter ca■■ed the FDOT′ whose pOst office
address is: Post Office Box ■249′ Bartow′ F■orida 3383■―■249
and BOARD OF COUNTY COMMISS■ONERS OF COLLIER COUNTY′ FLORIDA AS
THE GOVERNING BODY OF COLLIER COUNrY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER―SEWER D■STRICT′
Utility Agency organization′ hereinafter called the Utility.
W工 TNESSETH:
WHEREAS′ the Uti■ity presently has an interest in certain
lands that have been deteェ ∥lined necessary for highway purposes′
and
WHEREAS, the proposed use of lhese l-ands for highway
purposes will require subordinatj-on of the interest. claimed in
such lands by UEility to the FDOT; and
WHEREAS, Ehe FDOT is willing tso pay to have Ehe Utilj-ty,sfacilitj-es relocat.ed j-f necessary to prevent confl_j-ct betweenthe facilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideration of t.he mutual covenants
and promj-ses of the parEies hereto, Utility and FDoT agree asfol lows :
UEility hereby subordinates to the int.erest of FDOT, itssuccessors, or assig-ns, any and all of i.t.s interest. in the landsas foI1ows, viz:
SEE EXHIBIT ■A■
It is understood and agreed by the parties hereto that the
rights granted herein sha■l teェ lllinate upon cOmp■etiOn of thistransportatiOn project′ but no later than the 24th day of
September′ 2028.
Page ■ of 6 for Parce1 701.4
①
16.C.1.a
Packet Pg. 55 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
RECORDED
INSTRUMENT DATE FROM TO 0.R.
B00K/PAGE
Utility
Easement
03-20-06 Randal■ Benderson
and David H.
Baldauf′ as
Trustees under a
Trust Agreement
dated December
29, ■995′ known
as the Ronald
Benderson ■995
Trust′ and WR―IAssociates′ Ltd.′
a Florida limited
partnership
Board of County
Commiss ioners
of Collier
Countsy,
Florida, as the
Governing Body
of Col-Iier
County and as
Ex-Officio the
Governing Board
of the Collier
County waE.er-
Sewer District'
OR 40■3PG ■23
■.PROVIDED that the Utility has the following rights:
The UtsiliEy sha11 have t.he right. Eo construct,
operate, maintain, improve, add Eo. upgrade, remove,
and relocatse facilities on, within, and upon the lands
described herein in accordance wiEh the FDOT's current
minimum stsandards for such facilities as reguj-red by
the FDOT Ut.iliEy Accommodation Manual in effect at. the
time the agreement is executed. Any new construct.j.on
or relocation of facilities within the lands will be
subjecE Eo prior approval by tshe FDOT. Should t.he
FDOT fail to approve any new construction or
relocaEion of facilities by the Util-ity or require t,he
Utility to alter, adjust, or relocat.e its facilit.ies
locaEed wj-t.hin said lands, the FDOT hereby agrees E.o
pay the costs of such alteration, adjustment., or
relocation, including, buE not l-imitsed to the cost of
acquiring appropriate easements.
Notwithstsanding any provisj-ons sets forth herej-n, Ehe
terms of tshe utiliEy permj-ts shaI1 supersede any
contrary provisions, with the exception of the
provision herein wit.h reimbursement rights.
The Utilitsy shaff have a reasonable right. to enter
upon the lands described herein for the purposes
outlined in Paragraph L above, includj-ng the right. to
lrim such trees, brush, and growt.h which might
endanger or interfere wit.h such facilities, provided
that such rights do not. interfere wiE.h the operat.ion
and safety of the FDOT's facilities.
The Utsilitsy agrees to repaj-r any damage t.o FDOT
facilit.ies and to indemnify t.he FDOT against any loss
Page 2 of 5 for Parcel- 701.4
16.C.1.a
Packet Pg. 56 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
or damage resulting from the Utsility exercising iEs
rights outl-ined in Paragraphs 1 and 3 above.
Page 3 of 5 for Parcel 701.4
16.C.1.a
Packet Pg. 57 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
IN WITNESS WHEREOF′ the FDOT hereto has executed this
agreement on the day and year first above written
Executed in our presence
as witnesses:
s ignature
By:
STATE OF FLORIDA
DEPARTMENT OF
TRANSPORTATION
District Secretary/Designee
for District One
Prj-nt /Type Name
Legal Review:
S ignature
PrinE/Type Name
Department. AEtorney
STATE OF FLORIDA
COUNTY OF
The foregoing inst.rument was acknowledged before me by
means of physical presence or online notarization, this
_ day of ′ 20 byDist.rict Secret.ary/Designee f or District One. He is personally
known to me or has produced
as identification.
(Af fix Seal/St.amp here) Notary Sigrrature:
Printed Name :
Not.ary Pu-bl-j.c in and for
the County and State
last aforesaid.
My Commission Expires:
Serial No.:
Page 4 of 6 for Parce1 701.4
16.C.1.a
Packet Pg. 58 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
‐‐_fN WITNESS WHEREOF, the County has caused these presents to
be executed in its name by its Board of County Commissioners
acting by the Chairperson or Vice-Chairperson of said Board, the
day and year aforesaid.
ATTEST:County,
Sj-gnature Florida′
By lts Board of County
Comm■ss■oners
Print/Type Name
Clerk(or Deputy Clerk) Signature
Print/Type Name
Its Chairperson(or Vice-Chairperson)
Grantor (s)' Mailing Address:
ATTEST
CRYSTAL K.KINZEL,CLERK
BY:
Approvedas to tbrm and lcgalitY
Page 5 of 6 for Parcel 701-.4
16.C.1.a
Packet Pg. 59 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
FP NO. 4258432
SECTION 03■75-000
PARCEL 70■
TEMPORARY CONSTRUCTION EASEMENT
That portion of Lot 5′ Market Center′ a Replat of a Portion of
Gator Gate′ P■at Book 7′ Page 2 and a portion of Gator Cate Unit
2, Plat Book 7′ Page 54 and a Subdivision of a Portion of theNortheast ■/4 of Section 3′ Township 50 South′ Range 26 East′ as
per p■at thereof recorded in Plat Book 4■, Page 60, Pub■ic
Records of Co■■ier County′ Florida.
Being described as follows:
Commence at the northeast corner of the northeast ■/4 of said
Section 3′ said point being on the survey base line of State
Road 95■′ a■so known as Co■■ier Blvd.′ thence along the eastline of said northeast ■/4 and said survey base line South
00。50'27″ West a distance of ■′608.23 feeti thence South
89。20′■■″ West a distance of ■23.33 feet to a point on the south
line of said Lot 5 for a POINT OF BECINNING, thence continue
South 89。20′■■″ West a distance of ■9.77 feet′ thence North
0004■'49″ East a distance of 234.36 feet to the south right of
way line of Business Circ■e also known as Business Circ■e North
[Tract R―■ (per Said p■at)] and the north ■ine of said Lot 5,
thence along said south right of way ■ine and said north ■ine
North 89。■4′■0″ East a distance of ■7.94 feet′ thence South
44045′47″ East a distance of 7.52 feet′ thence South O■。34′46″
West a distance of 229.■O feet to the POINT OF BECINNING.
Containing 5′04■ square feet.
Legal Description Approved by:
Richard M. ∥Mike∥ Benton′ P.S.M. #6447
0n August 22′ 20■8EXHIBIT ∥A"
Page 6 of 6 for Parce1 70■.4
16.C.1.a
Packet Pg. 60 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
23 -UTL.0r-O6 / 93
DaEe: Marc}r 25, 2020
This insErument prepared
under the direction of:
Angela D. Tucker, Chief Counsel-
Post Office Box a249
CiEy: Bartow, Florida 33831-1249
Department of Transportation
F.P. NO. 4258432
PARCEL 702.4
SECTION 03■75-000
STATE ROAD 95■
COUNTY Co■■ier
SUBORDINATION OF UT工 LITY INTERESTS
FOR TEMPORARY EASEMENTS
THIS AGREEMENT′ entered into this day of
20___′ by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION′ hereinafter called the FDOT′ whose post office
address is: Post Office Box ■249′ Bartow′ Florida 3383■―■249
and BOARD OF COUNTY CONIMISSIONERS 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′
Uti■ity Agency organization′ hereinafter called the Utility.
WITNESSETH:
WHEREAS′ the Utility presently has an interest in certain
■ands that have been dete■∥lined necessary for highway purposes,
and
WHEREAS′ the proposed use of these ■ands for highwaypurposes will require subordination of the interest claimed in
such lands by Uti■ity to the FDOT′ and
WHEREAS, the FDOT is willj-ng ro pay to have the Utilj-ty'sfacilities relocated if necessary, to preven! conflict betweenthe facilit.ies so EhaE the benef it.s of each may be ret.ained.
NOW, THEREFORE, in consideration of t.he mutual covenants
and promises of t.he part.ies heret.o, Ut j-Iit.y and FDOT agree asfol lows :
UE.ility hereby subordinates to E.he interest. ofsuccessors, or assigns, any and all of its interesEas fo1Iows, viz:
FDOT′ its
in the ■ands
SEE EXHIBIT "A■
It is understood and agreed by the parties hereto that the
rights granted here■n sha■■ te.Ht■nate upon comp■etion of thistransportation pr。]ect′ but no ■ater than the 24th day OfSeptember′ 2028.
Page 1 of 6 for parcel 702.4
16.C.1.a
Packet Pg. 61 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
RECORDED
INSTRUMENT DATE FROM TO 0.R.
BOOK/PAGE
Utility
Easement
03-20-06 Randal■ Benderson
and Dav■d H.
Ba■dauf′ as
Trustees under a
Trust Agreement
dated December
29′ ■995, known
as the Rona■dBenderson ■995
Trust′ and WR―工
Assoc■ateS′ Ltd.′
a F■orida ■imited
partnership
Board of County
Commi ss ioners
of Coflier
County,
Florida, as tshe
Governing Body
of Collier
County and as
Ex-Officio the
Governing Board
of the Collier
County Water-
Sewer District
OR 40■3PG ■23
PROVIDED that the Ucility has Ehe following right.s:
■.The UEility shall have the right to construct.,
operate, maintain, improve, add to, upgrade, remove,
and refocate facilit.ies on, within, and upon the l-ands
described herein in accordance with the FDOT's current.
mj-nimum stsandards for such facj-Ij-ties as required by
the FDOT Ut.i1it.y Accommodation Manual in effect at tshe
tsime the agreemenE is executed. Any new const.ruction
or relocation of facilities within the lands will be
subject to prior approval by t.he FDOT. Should t.he
FDOT fail to approve any new construction or
relocation of facilities by lhe Utility or require the
Utility to al-E.er, adjust, or relocat.e its facilities
located within said lands, the FDOT hereby agrees t.o
pay the cost of such alteration, adjustment., or
relocation, including, buE not limit.ed t.o the cost of
acquiring appropriat.e easements.
Notwithstanding any provisi-ons set forth herein. Ehe
terms of t.he ut.ifity permits shal] supersede any
contrary provisions, with the exception of theprovision herein with reimbursement rights.
The Ut,ility sha1I have a reasonable right to enter
upon Ehe Lands described herein for the purposes
outlined in Paragraph 1 above. including t.he right totrim such trees, brush, and growt.h which might
endanger or interfere with such facilities, provided
that such rights do not interfere with the operaEion
and safeEy of the FDOT's facilities.
The Ut.j.lity agrees to repair any damage to FDOT
facilities and t.o indemnify the FDOT against any loss
Page 2 of 5 for ParceT '702.4
16.C.1.a
Packet Pg. 62 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
or damage resulting from Ehe UEility exercising its
rights outlj-ned in Paragraphs l- and 3 above.
Page 3 of 6 for parcel 702.4
16.C.1.a
Packet Pg. 63 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
IN WITNESS WHEREOF′ the FDOT hereto has executed this
agreement on the day and year first above written.
Executed in our presence
as wiEnesses:
S ignature
Print./Tl4)e Name
S ignature
Print/Type Name
STATE OF FLORIDA
DEPARTMENT OF
TRANSPORTATION
By:
DisErj-ct Secretary/Designee
for District One
Legal Review:
Department Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by
means of physical presence or _online notarizaE.ion, Ehis
_ day of ′ 20___by
DisErict Secret.ary/Designee f or Districts One. He j-s personally
known to me or has produced
as identification.
(Affix Seal/Stamp here) Notary Signature:
Printed Name:
Notary Pub1ic in and for
t.he CounEy and Stat.e
fast aforesaid -
My Commission Expires :
Serial No.:
Page 4 of 5 for PaYcel- 702.4
16.C.1.a
Packet Pg. 64 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
IN WITNESS WHEREOF, the CounEy has caused these presents to
be executed in its name by its Board of countsy Commissioners
acting by the Chairperson or Vice - Chairperson of said Board. E.he
day and year aforesaid.
ATTEST:CounEy,
s ignaEure Florida,
By Its Board of Count.y
Commi s s ioners
Print/T].?e Name
Clerk (or Deputy Clerk) Signature
Print/T)rpe Name
Its chairperson(or Vice - Chairperson)
Grantor(s) ' Mailing Address :
AT「EST
CRYSTAL K KINZEL,CLERK
BY:
Page 5 of 6 for Parcel 702.4
16.C.1.a
Packet Pg. 65 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)
FP. NO. 4258432
SECTION 03■75-000
PARCEL 702
TEMPORARY CONSTRUCTION EASEMENT
That portion of Lot 6′ Market Center′ a Replat of a Portion of
Gator Gate′ Plat Book 7, Page 2 and a portion of Gator Gate Unit
2′ Plat Book 7′ Page 54 and a Subdivision of a Portion of theNortheast ■/4 of Section 3′ Township 50 South′ Range 26 East′ as
per p■at thereof recorded in Plat Book 4■, Page 60′ Pub■ic
ReCOrds of Collier County′ Florida.
Being described as fo■■ows:
Commence at the northeast corner of the northeast ■/4 of said
Section 3′ said point being on the survey base line of state
Road 95■′ alSo known as Co■■ier Blvd., thence along the east
■ine of said northeast ■/4 and said survey base line south
00。50'27″ West a distance of 950.05 feet′ thence North 89042′59″
West a distance of ■25.57 feet to a point on the north ■ine of
said Lot 6 and the beginning of a curve having a radius of
9′567.54 feet for a POINT OF BECINNING, thence a■ong the arc of
said curve to the ■eft a distance of 242.■6 feet through a
centra■ ang■e of O■。27'0■″ with a chord bearing South oo。27'0■″
East to the end of said curve′ thence South o■0■o′32″ East a
distance of 55.67 feeti thence South O■。34′46″ West a distance
of 53.62 feet′ thence South 5■025'59″ West a distance of 3 50
feet to the north existing right of way line of Business circ■ealso known as Business Circle North [Tract R―■ (per said Plat)]and the south ■ine of said Lot 6 and to the beginning of a curve
having a radius of 25.00 feeti thence along said north existing
right of way ■ine and said south line the arc of said curve to
the right a distance of 2.76 feet through a central ang■e of
06。■9′44″ with a chord bearing south 86004′■8″ West to the end
of said curve′ thence continue a■ong said north existing right
of way line and said south line south 89。■4′■0' West a distance
of ■4.34 feet, thence North O■0■o′32″ West a distance of 354.■6feet to said north line of Lot 6′ thence a■ong said north ■ine
South 89042′59″ East a distance of 25.53 feet to the PO■NT OFBECINNING.
Containing 8′■■7 square feet.
Lega■ DescriptiOn
Richard M. "Mike∥
On October 9′ 20■8Approved by:
Benton′ P.s.M. #6447
EXHIBIT "A"
Page 6 of 6 for Parce■ 702.4
16.C.1.a
Packet Pg. 66 Attachment: Subordination Agreements (CAO approved) (13028 : FDOT Interchange Improvements)