Agenda 07/08/2025 Item #16B 5 (Six (6) Subordination of County Utility Interests ("Subordination Agreement") as requested by the FDOT to comply with FDOT easement requirements)7/8/2025
Item # 16.B.5
ID# 2025-1809
Executive Summary
Recommendation to execute six (6) Subordination of County Utility Interests ("Subordination Agreement") as requested
by the Florida Department of Transportation (FDOT) to comply with FDOT easement requirements.
OBJECTIVE: To subordinate various Collier County Water-Sewer District (“CCWSD”) utility easement rights in six
(6) small areas of land along U.S. 41 North, at certain North Naples locations between Vanderbilt Beach Road and
Immokalee, as more specifically described in attachments to each Subordination Agreement.
CONSIDERATIONS: Per FDOT, it is their standard policy to get subordinations to any utility interests in lands that
have been accepted by FDOT as a maintenance donation.
The attached Subordination Agreements are FDOT’s standard form document that is used for all Florida Counties.
Collier County has collaborated with FDOT using this document on various road projects within the County.
Note in each of the Subordination Agreements that, 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
if necessary.
Subordination Agreement between FDOT and the Board of County Commissioners of Collier County, Florida, as the
governing body of Collier County and as Ex-officio the governing Board of the CCWSD:
Parcel 101.2 - three easement interests: OR BK 790 PG 1823, OR BK 806 PG 1343, OR BK 2712 PG 602
Parcel 800.2 - two easement interests: OR BK 790 PG 1823, PB 18 PG 35
Parcel 802.2 - two easement interests: OR BK 790 PG 1823, OR BK 806 PG 1343
Parcel 803.2 - two easement interests: OR BK 790 PG 1823, OR BK 806 PG 1343
Parcel 804.3 - two easement interests: OR BK 790 PG 1823, OR BK 806 PG 1343
Parcel 805.3 – three easement interests: OR BK 790 PG 1823, OR BK 806 PG 1343, OR BK 2712 PG 602
Optimize the useful life of all public infrastructure and resources through property planning, maintenance, and
coordination with outside entities.
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.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires majority vote for approval. -JAK
RECOMMENDATIONS: That the Board, acting as the ex officio governing board of the CCWSD:
1. In the spirit of cooperation with FDOT, agree to subordinate the utility interest in those lands described in the six (6)
attached Subordination Agreements and authorize the Chair to execute the Subordination Agreements.
2. To return the signed Subordination Agreements to FDOT to be recorded in the Public Records of Collier County,
Florida.
PREPARED BY: Deborah K. Goodaker, Property Acquisition Specialist II, Operations & Performance Mgmt.
ATTACHMENTS:
1. Parcel 101.2 CAO approved001
2. Parcel 800.2 CAO approved001
Page 1991 of 4096
7/8/2025
Item # 16.B.5
ID# 2025-1809
3. Parcel 802.2 CAO approved001
4. Parcel 803.2 CAO approved001
5. Parcel 804.3 CAO approved001
6. Parcel 805.3 CAO approved001
Page 1992 of 4096
23-UTL.02-05/09
Date: November 18,2024
This instrument prepared
under the direction of:
Angela D. Tucker, Chief Counsel
Post Office Box '1249
Barlow. Florida 33831-1249
Department of Transportation
F.P. NO. 4415121
PARCEL 101.2
SECTtON 03010-000
STATE ROAD 45 (U.S. 41)
COUNry Collier
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT, entered into on the date executed by the State of Florida
Department of Transportation District One Secretary or their Designee, by and between
thE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hETEiNATET CAIIEd
the FDOT, whose post office address is: Post Office Box 1249, Bartow, Florida 33831 -
1249 and THE BOARD OF COUNTY CoMMI IONERS OF COLLIER COUNTY.
FLOR IDA AS THE GOVERNING BODY OF COLLIER COUNry ND AS EX.OFFICIO
TI.]F r:.)\/trr?NINT: RNAQN NF TH E COLLIER COUNTY WA TFR-SFWFR NISTPI'T
Utility Agency Organization, hereinafter called the Utility
WITNESSETH:
WHEREAS, the Ulilily presently 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 will require
subordination of the interest claimed in such lands by Utility lo the FDOT; and
WHEREAS, the FDOT is willing to pay to have the Utility's facilities relocated if
necessary to prevent conflict between the facilities so that the benefils of each may be
retained.
NOW THEREFORE, in consideration of the mutual covenants and promises of
the parties hereto, Ulility and FDOT agree as follows:
Utility hereby subordinates to the interesl of FDOT, its successors, or assigns,
any and all of its interest in the lands as follows, viz:
SEE EXHIBIT "A"
Page 1 of 6 for Parcel 10'l .2
Page 1993 of 4096
RECORDED
The Utility shall have the right lo construct, operate, maintain, improve,
add to, upgrade, remove, and relocate facilities on, within, and upon the
lands described herein in accordance with the FDOIS current minimum
slandards for such facilities as required by the FDOT Utility
Accommodation Manual in effect at the lime the agreement is executed.
Any new construction or relocation of facilities within the lands will be
subject to prior approval bytheFDOT. Should the FDOT fail to approve
any new construction or relocation of facilities by the Utility or require the
Utility to alter, adjust, or relocate its facilities located within said lands, the
FDOT hereby agrees to pay the cost of such alteralion, adjustment, or
relocation, including, but not limited to the cost of acquiring appropriate
easements.
Notwithstanding any provisions set forth herein, the terms of the utility
permits shall supersede any contrary provisions, with the exception of the
provision herein with reimbursement rights.
2
INSTRUI\,,tENT DATE FROt\.4 TO o.R.
BOOI(PAGE
Grant of
Easement
12-14-78 lsabel Collier Read,
William W. Prout, and
Harold S. Lynton as
Trustees under the Will
of Miles Collier.
deceased. and
Marguerite R. Collier,
Norman A. Herren and
George G. Huntoon,
Personal
Representatives of the
Estate of Barron Collier,
Jr., deceased, and
lsabel Collier Read and
William A. Read, Jr.,
individually
The Pelican Bay
lmprovement
District. a Public
Corporation
oR 790
PG 1823
Grant of
Easemenl
02-26-79 Collier Development
Corporation, a Florida
Corporation
The Pelican Bay
lmprovement
District, a Public
Corporation
oR 806
PG 1343
Grant of
Easement
07-28-00 The Pelican Bay
lmprovement
District, a Public
Corporation
oR 27',t2
PG 602
Page 2 of 6 for Parcel 101.2
PROVIDED that the Utility has the following rights:
1
Ocean Boulevard
Partnership, a Florida
partnership
Page 1994 of 4096
3.
4
The Utility shall have a reasonable right to enter upon the lands described
herein for the purposes outlined in Paragraph 1 above, including the right
to trim such trees, brush, and groMh which might endanger or interfere
wiih such facilities, provided that such rights do not interfere with the
operation and safety of the FDOT'S facilities.
The Utility agrees to repair any damage to FDOT facilities and to
indemniry the FDOT against any loss or damage resulting from the Utility
exercising its rights outlined in Paragraphs'l and 3 above.
Page 3 of 6 for Parcel 10'1 .2
Page 1995 of 4096
lN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the
day and year herein.
Executed in our presence as witnesses STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
Signature By
District Secretary/Designee for
District One
Print/Type Name
Signalure Legal Review:
Print/Type Name Oepartment Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means ot -jhysicalpresence or _online notarization, this _ day of _, 20 by
District Secretary/Designee for District One. He is personally known lo me or has
produc€d as identification
(Affix Seal/Stamp here)Notary Signature
Printed Name:
Notary Public in and for the County and State
lasl aforesaid.
My Commission Expires:_
Serial No.:
Page 4 of 6 for Parcel 10'l .2
Page 1996 of 4096
lN WITNESS WHEREOF, the County has caused these presents to be executed
in its name by its Board of County Commissioners acting by lhe Chairperson or Vice-
Chairperson of said Board, the day and year aforesaid.
A3 md hgrlity
Jcffrey A.County Attomey
ATTEST:_(SEAL)
Name:
Clerk(or Deputy Clerk)
County,
Florida.
By lts Board of County Commissioners
Name
Its Chairperson
(or Vice-Chairperson)
Granto(s)' Mailing Address:
Page 5 of 6 for Parcel 101.2
Page 1997 of 4096
F.P. NO.4415121
sEcTtoN 03010-000
PARCEL 101
RIGHT OF WAY
That portion ofthe norlhwest 1/4 of Section 27, Township 48 South, Range 25 East,
Collier Counly, Florida.
Being described as follows:
Containing 500 square feet
Legal Description Approved by
Wilfredo A. Alfonzo P.S.M. #7107
On: November 1, 2024
EXHIBIT "A"
Page 6 of 6 for Parcel 101.2
Commence at the northwest corner of the northwest 1/4 of said Section 27, said corner
also being the northeast corner of the northeast 'l /4 of Section 28, Township 48 South,
Range 25 East; thence along the north line of said northeast 1/4, North 89"49'57" West
a distance of 53.34 feet to the survey baseline of State Road 45 (U.S. 4'l); thence along
said survey baseline South 00'39'06" East a distance of 125.59 feet; thence North
89'20'54" East a distance of 53.34 feet to an intersection of the east existing right of
way line of said State Road 45 (per Section 03010-2568) and the southerly existing
Collier County right of way line of Immokalee Road [C.R. 846 (per Official Records Book
1747 , Page 2291 , Official Records of Collier County, Florida)l and to the west line of
said northwest 'll4 for a POINT OF BEGINNING; thence continue along said southerly
existing Collier County right of way line North 44'48'09' East a distance of 14.03 feet;
thence South 00"39'2'1" East a distance of 54.91 feet; thence South 89'20'39" West a
distance of 10.00 feet io said east existing right of way line and to said west line; thence
along said east exisfing right of way line and said west line North 00'39'21" West a
distance of 45.07 feet to the POINT OF BEGINNING.
Page 1998 of 4096
23-UTL.02-05/09
Date: November 18,2024
This inslrument prepared
under the direction of:
Angela D. Tucker, Chief Counsel
Post Office Box 1249
Ba(ow, Florida 33831-'1249
Department of Transportation
F.P. NO. 4415121
PARCEL 800.2
sEcTtoN 03010-000
STATE ROAD 45 (U.S. 4r)
COUNTY Collier
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT, entered into on the date executed by the State of Florida
Department of Transportalion District One Secretary or their Designee, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafrer caIIed
the FDOT, whose post office address is: Post Office Box 1249, Bartow, Florida 33831 -
1249 and THtr FINARN NF
'.)I
INTY co[,4Mtsst NEo PS OF (:.)t I IFP n.)t |NTV
THE GOVERN ING BOARD OF THE COLLIER COUNTY WATE R-SEWER DISTRICT
Utility Agency Organization, hereinafter called the Utility.
WITNESSETH:
WHEREAS, the Utility presently has an interesl in certain lands that have been
determined necessary for highway purposes; and
VVHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by Utility to the FDOT; and
WHEREAS, the FDOT is willing to pay to have the Utility's facilities relocated if
necessary to prevent conflict between the facilities so that the benefits of each may be
retained.
NOW, THEREFORE, in consideration of lhe mutual covenants and promises of
lhe parties hereto, Utility and FDOT agree as fottows:
Utility hereby subordinates to the interest of FOOT, its successors, or assigns,
any and all of its interest in the lands as follows, viz:
SEE EXHIBIT "A'
Page 1 of 6 for Parcel 800.2
FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNW AND AS EX-OFFICIO
Page 1999 of 4096
RECORDED
PROVIDED that the Utility has the following rights
The Utility shall have the right to mnslruct, operate, maintain, improve,
add to, upgrade, remove, and relocate facilities 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 effect al the time lhe agreemenl is executed.
Any new construction or relocation offacilities within the lands will be
subjecl to prior approval by the FDOT. Should the FDOT fail to approve
any new mnslruction or relocation of facilities by the Utility or require the
Utility to aher, adjust, or relocate its facilities located within said tands, the
FDOT hereby agrees to pay the cost of such alteration, adjustment, or
relocation, including, but not limited to the cost of acquiring appropriate
easemenls.
Notwithstanding any provisions set forth herein, the terms of the utility
permits shall supersede any contrary provisions, with the exception of the
provision herein with reimbursement rights.
1
2
INSTRUMENT DATE FROM O,R,/P,8.
BOOIVPAGE
Grant of
Easement
12-14-78 lsabel Collier Read.
Vvilliam W. Prout, and
Harold S. Lynton as
Trustees under the Will
of Miles Collier,
deceased. and
Marguerite R. Collier,
Norman A. Herren and
George G. Huntoon,
Personal
Representatives of the
Estate of Barron Collier,
Jr., deceased, and lsabel
Collier Read and William
A. Read, Jr., individually
The Pelican
Bay
lmprovement
District, a
Public
Corporation
oR 790
PG 1823
01-08-91 Westinghouse
Communities of Naples,
lnc., a Florida
Corporation
The Pelican
Bay
lmprovement
District, a
Public
Corporation
PB 18
PG 35
Page 2 of 6 for Parcel 800.2
TO
Plat ot Pelican
Bay Unit
Sixteen
Page 2000 of 4096
3 The Utility shall have a reasonable right to enter upon the lands described
herein for the purposes outlined in Paragraph 1 above, including the right
to lrim such trees, brush, and growth which might endanger or interfere
with such facilities, provided that such rights do not interfere with the
operation and safety of the FDOT'S facilities.
The Utility agrees to repair any damage to FDOT facilities and to
indemnify the FDOT against any loss or damage resulting from the Utility
exercising its rights outlined in Paragraphs 1 and 3 above.
4.
Page 3 of 6 for Parcel 800.2
Page 2001 of 4096
lN WTNESS WHEREOF, the FOOT hereto has executed this agreement on the
day and year herein.
Executed in our presenc€ as witnesses:STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
Signature By:
District Secretary/Designee for
District One
Print/Type Name
Signature Legal Review:
PrinyType Name Department Attomey
STATE OF FLORIDA
COUNTY OF
The foregoing inslrument was acknowledged before me by means of _physical
presence or _online notarization, this _ day of _, 20_ by
District Secrelary/Designee for District One. He is personally known to me or has
produced as identification.
Notary Signature:_
Printed Name:
(Affix Seal/Stamp here)
Page 4 of 6 for Parcel 800.2
Notary Public in and for lhe County and State
last aforesaid.
My Commission Expires:_
Serial No.:
Page 2002 of 4096
lN WTNESS WHEREOF, the County has caused these presents to be executed
in its name by its Board of County Commissioners acling by the Chairperson or Vice-
Chairperson of said Board, the day and year aforesaid.
Jeffrey
ATTEST: (SEAL)
Name:
Clerk(or Deputy Clerk)
and legality
County Attomcy
County,
Florida,
By lts Board of County Commissioners
Name:
Its Chairperson
(or Vice-Chairperson)
Granto(s)' Mailing Address:
Page 5 of 6 for Parcel 800.2
Page 2003 of 4096
F. P. NO.4415121
sEcTroN 03010-000
PARCEL 8OO
PERPETUAL EASEMENT
That portion of Parcel "Two", Oakmont Parkway Extension, a subdivision lying in
Section 33, Township 48 South, Range 25 East, as per plat thereof recorded in Plat
Book 21, Page 77, Public Records of Collier County, Florida.
Being described as follows
Commence at the southeast corner of the southeast '1l4 of said Section 33; thence
along the south line of said southeast 1/4, North 89'39'05" West a distance of 51.93 feet
to the survey baseline of State Road 45 (U.S. 41); thence along said survey baseline
North 00'39'06" West a distance of 749.97 feet; thence South 89"20'54'' West a
dislance of 98.71 feet to the west existing right of way line of said State Road 45 (per
Section 03010-2568) and to the east line of said Parcel "Two" and to the beginning of a
curve having a radius of 50.00 feet for a POINT OF BEGINNING; thence along said
west existing right ofway line and said east line the arc of said curve to the right a
distance of 23.11 feel lhrough a central angle of 26'29'02" with a chord bearing South
23'30'35" West and a chord distance of 22.91 feet to the end of said curve: thence
North 00'39'06" West a distance of 20.90 feet: thence North 89'20'54" East a distance
of 9.38 feet to the POINT OF BEGINNING.
Containing I l8 square feet
Legal Description Approved by
Witfredo A. Alfonzo P.S.M. #7107
On: November 1, 2024
EXHIBIT "A"
Page 6 of 6 for Parcel 800.2
Page 2004 of 4096
23-UTL.02-05/09
F.P. NO. 4415121
PARCEL 802,2
sEcTloN 03010-000
STATE ROAD 45 (U.S. 41)
COUNTY Collier
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT, entered into on the date executed by the State of Florida
Department of Transportation Dislrict One Secretary or their Designee, by and between
thE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hErEiNAftEr CAIIEd
the FDOT, whose post office address is: Post Otfice Box 1249, Bartow, Florida 33831-
1249 and THE BOARD OF cotJNTY COi,4i,4t SIONER SOFC OLL R COUNTYE
FIORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO
GOV OARD OF THE COLLIER
DISTRICT, Utility Agency Organization, hereinafter called the Utility
WITNESSETH:
WHEREAS, the Utility presently 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 will require
subordination of the interest claimed in such lands by Utility to the FDOT; and
WHEREAS, the FOOT is willing to pay to have the Utility's facilities relocated if
necessary to prevent conflict between the facilities so that the benefits of each may be
retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of
the parties hereto, Utility and FDOT agree as followsl
Utility hereby subordinates to the interest of FDOT, its successors, or assigns,
any and all of its interest in the lands as follows, viz:
SEE EXHIBIT'A"
Page 1 of 6 for Parcel 802.2
Date; February 19, 2025
This instrument prepared
under the direction of:
Angela D. Tucker, Chief Counsel
Post Office Box 1249
Bartow, Florida 3383'l -'1249
Department of Transportation
Page 2005 of 4096
PROVIDED that the Utility has the following rights
The Utility shall have the right lo construct, operate, maintain, improve,
add to, upgrade, remove, and relocate facilities on, within, and upon the
lands described herein in accordanc€ with the FDOT'S current minimum
slandards for such facilities as required by the FDOT Utility
Accommodation Manual in effect at the lime the agreemenl is execuled.
Any new construction or relocalion of facilities within the lands will be
subject to prior approval by the FDOT. Should the FDOT fail to approve
any new conslruction or relocation of facilities by the Utility or require lhe
Utility to alter, adjust, or relocate its facilities located within said lands, the
FDOT hereby agrees to pay the cost of such alteration, adjustment, or
relocalion, including, but not limited to the mst of acquiring appropriate
easements.
Notwithstanding any provisions set forth herein, the terms of the utility
permits shall supersede any contrary provisions, wilh the exception of the
provision herein with reimbursement rights.
2
3
INSTRUMENT DATE FROM TO o.R.
BOOK/PAGE
Grant of
Easement
12-14-78 lsabel Collier Read,
William W. Prout and
Harold S. Lynton as
Trustees Under the Will
of Miles Collier,
deceased, and
Marguerite R. Collier,
Norman A. Herren and
George G. Huntoon,
Personal
Representatives of the
Estate of Banon Collier.
J.., deceased, and
lsabel Collier Read and
William A. Read, Jr.,
individually
The Pelican Bay
lmprovement
District, a public
corporalion
organized and
existing under the
laws of the State
of Florida
oR 790
PG 't 823
Grant of
Easement
02-26-79 Collier Development
Corporation, a Florida
corporalion
The Pelican Bay
lmprovement
District, a public
corporation
organized and
existing under the
laws of the State
of Florida
oR 806
PG 1343
RECORDED
1.
The Utilily shall have a reasonable right to enter upon the lands described
herein for the purposes outlined in Paragraph 1 above, including the right
Page 2 of 6 for Parcel 802.2
Page 2006 of 4096
4
to trim such trees, brush, and growth which might endanger or interfere
with such facilities, provided that such rights do not interfere with the
operation and safety of the FOOT'S facilities.
The Utility agrees to repair any damage to FDOT facilities and to
indemnify the FDOT against any loss or damage resulting from the Utility
exercising its rights outlined in Paragraphs 'l and 3 above.
Page 3 of 6 for Parcel 802.2
Page 2007 of 4096
lN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the
day and year first above written.
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
By:
Legibly PrinuType Name
rwitness Mailing Address:
Post OfIice Box 1249
District Secretary/Designee for
District One
Bartow, Florida 33831-1249
Bartow. Florida 338 't-1249
Legal Review:
Department Attorney
Bartow. Florida 1-1249
*ln accotdance with Florida Statute 695.26, effective Jan. 1, 2024, names and addresses of
wit esses must be /egibly printed, typed ot stamped for the clerk ol the coud to accept this
document lor rccording.
Post Ofrice Box 124 q
STATE OF
-
COUNTY OF
The foregoing instrument was acknowledged before me by means of _physical
presence or _online notarization, this _ day of _, 20_, by
of a
Corporation, on behalf of lhe Corporation, who is personally
known to me or who has produced as identiflcation
Name:_Notary Public in and for the County and
Stale last aforesaid. My Commission Expires:_Serial No., if any:_
Page 4 of 6 for Parcel 802.2
WITNESSES
-(SEAL)
-(SEAL)
Legibly Print/Type Name
*Witness Mailing Address:
Post Office Box 1249
Page 2008 of 4096
lN WITNESS WHEREOF, the County has caused these presenls to be executed
in its name by its Board of County Commissioners acling by the Chairperson or Vice-
Chairperson of said Board, lhe day and year aforesaid.
JefFey A.
ATTEST:_(SEAL)
Name:
Clerk(or Deputy Clerk)
and legality
Attomey
County,
Florida,
By lts Board of County Commissioners
-(SEAL)
Name:
Its Chairperson
(or Vice-Chairperson)
Grantor(s)' Mailing Address:
Page 5 of 6 for Parcel 802.2
Page 2009 of 4096
F,P. NO. 441512't
sEcTtoN 03010-000
PARCEL 802
PERPETUAL EASEMENT
That portion of the northwest 1/4 of Section 34, Township 48 South, Range 25 East,
Collier County, Florida.
Being described as follows
Commence at the northwest corner of the northwest '114 of said Section 34, said corner
also being the northeast corner of the northeast '114 of Section 33, Township 48 South,
Range 25 East; thence along the north line of said northeast 1/4, North 89'31'24" West
a distance of 52.83 feet to the survey baseline of State Road 45 (U.S. 41); thence along
said survey baseline South 00'39'06" East a distance of 1,250.02 feet; thence North
89"20'48" East a distance of 52.85 feet to the east existing right of way line of said State
Road 45 (per Section 03010-2568) and to the west line of said northwest 1/4 for a
POINT OF BEGINNING; thence continue North 89'20'48" East a distance of 14.82 feet
to the beginning of a curve having a radius of 79.07 feet; thence along the arc of said
curve to the left a dislance of 24.67 feet through a central angle of 17'52'43" with a
chord bearing South '18'40'30" East and a chord distance of 24.57 feet to the end of
said curve; thence North 63'02'02" Easl a distance of 3.00 feet: thence South 30'00'22"
East a distance of 8.94 feet; thence South 00'39'12" East a distance of 87.26 feet to lhe
beginning of a curve having a radius of 75.72 feet; thence along the arc of said curve to
the left a distance of 26.'14 feet through a central angle of 19'46'52" with a chord
bearing South 23'00'29" West and a chord distance of 26.0'l feet to the end of said
curve; thence South 89'20'48" West a distance of 19.04 feet to said easl existing right
of way line and said west line; thence along said east existing right of way line and said
west line North 00'39'12" West a distance of 140.92 feet to the POINT OF BEGINNING.
Containing 3,732 square feet
Legal Descriplion Approved by:
Wilfredo A. Alfonzo P.S.M. #7107
On: February 17,2025
EXHIBIT'A"
Page 6 of 6 for Parcel 802.2
Page 2010 of 4096
23-UTL.02-05/09
Date: November 18,2024
This instrument prepared
under the direction of:
Angela D. Tucker, Chief Counsel
Post Office Box 1249
Bartow, Florida 33831-1249
Department of Transportation
F.P. NO.4415121
PARCEL 803.2
sEcTroN 03010-000
STATE ROAD 45 (U.S. 41)
COUNTY Collier
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT, entered into on the date executed by the State of Florida
Department of Transportation Oislrict One Secretary or their Designee, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter caIIed
the FDOT, whose post office address is: Posl Office Box 1249, Bartow, Florida 33831-
1249 and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY O F COLLIER COUNTY AND AS EX-OFFICIO
THE GOVERNING BOARD OF THE COL IER COUNTY WATER-SEWER DISTRICT
Utility Agency Organization, hereinafter called the Utility
wlTNESSETH:
WHEREAS, the Utility presently 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 will require
subordination of the interest claimed in such lands by Utility to the FDOT; and
WHEREAS, lhe FDOT is willing to pay to have the Utility's facilities relocated if
necessary to prevent conflict between lhe facilities so that the benefits of each may be
retained.
NOW, THEREFORE, in consideration of the mulual covenants and promises of
the parties hereto, Utility and FDOT agree as follows:
Utility hereby subordinates to the interest of FDOT, its successors, or assigns,
any and all of its interest in the lands as follows, viz:
SEE EXHIBIT "A"
Page 1 of 6 for Parcel 803.2
Page 2011 of 4096
RECORDED
PROVIDED that the Utility has the following righls
The Utility shall have the right to mnslruct, operate, maintain, improve,
add to, upgrade, remove, and relocate facilities on, within, and upon the
lands described herein in accrrdance with the FDOT's current minimum
standards for such facilities as required by the FDOT Utility
Accommodation Manual in effect at the lime the agreement is execuled.
Any new construclion or relocation of facilities within the lands will be
subject to prior approval by the FDOT. Should the FDOT fail to approve
any new construclion or relocation of facilities by lhe Utility or require lhe
Utility to alter, adjust, or relocate its facilities located within said lands, the
FDOT hereby agrees to pay the cost of such alteration, adjustment, or
relocation, including, but not limited to the cost of acquiring appropriate
easements.
Notwithstanding any provisions set forth herein, the terms of the utility
permits shall supersede any contrary provisions, with the exception of the
provision herein with reimbursement rights.
The Utility shall have a reasonable right to enter upon the lands described
herein for the purposes outlined in Paragraph 1 above, including the right
Page 2 of 6 for Parcet 803.2
2
3
FROM TO o.R.
BOOI</PAGE
Grant of
Easement
12-14-78 lsabel Collier Read.
William W. Proul and
Harold S. Lynlon as
Trustees Under the Will
of Miles Collier,
deceased, and
Marguerile R, Collier,
Norman A. Henen and
George G. Huntoon,
Personal
Representatives of the
Estate of Barron Collier.
Jr., deceased, and
lsabel Collier Read and
William A. Read, Jr.,
individually
The Pelican Bay
lmprovement
District, a public
corporation
organized and
existing under lhe
laws of the Slate
of Florida
oR 790
PG 1823
Grant of
Easement
02-26-79 Collier Development
Corporation, a Florida
crrporation
The Pelican Bay
lmprovemenl
District, a public
corporation
organized and
existing under the
laws of the State
of Florida
oR 806
PG 1343
1.
INSTRU[,4ENT DATE
Page 2012 of 4096
4
to trim such trees, brush, and grovvth which might endanger or interfere
with such facilities, provided that such rights do nol interfere with the
operation and safety of the FDOT'S facilities.
The Utility agrees to repair any damage to FDOT facilities and to
indemnify the FDOT against any loss or damage resulting from the Utility
exercising its rights outlined in Paragraphs 1 and 3 above.
Page 3 of 6 for Parcel 803.2
Page 2013 of 4096
lN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the
day and year lirst above written.
WITNESSES
STATE OF FLORIOA DEPARTMENT
OF TRANSPORTATIONSEAt)
By
Legibly PrinuType Name
rwitness Mailing Address
Post Office Box 1249
District Secretary/Oesignee for
District One
Bartow, Florida 33831-1249
Bartow. Florida 1-1249
Legal Review:
(SEAL)
Department Attorney
Legibly PrinuType Name
'Witness Mailing Address
Post Ofrice Box 1
Bartow. Flodda 1-1249
.ln accordance with Florida Statute 695.26, effective Jan. 1, 2024, names and addresses of
,vitnessos musl be /egibly printed, typed or stamped for the clerk ot the coutl to accept this
docu me nt for recording.
STATE OF
-
COUNTY OF
The foregoing instrument was acknowledged before me by means of _physical
presence or _online notarization, this _ day of _, 20_, by
of
Post Office Box I
a
Corporation, on behalf of the Corporation, who is personally
known to me or who has produced as identiflcation
Name:_Nolary Public in and for the County and
State last aforesaid. My Commission Expires:_Serial No., if any:_
Page 4 of 6 for Parcel 803.2
Page 2014 of 4096
lN WITNESS WHEREOF, the County has caused these presents to be executed
in its name by its Board of Counly Commissioners acting by the Chairperson or Vice-
Chairperson of said Board, the day and year aforesaid.
Jcffrey
ATTEST:_(SEAL)
Name:
Clerk(or Deputy Clerk)
and legality
AAomcy
County,
Florida,
By lts Board of County Commissioners
-(SEAL)
Name:
Its Chairperson
(or Vice-Chairperson)
Granto(s)' Mailing Address:
ur
I
!
Page 5 of 6 for Parcel 803.2
Page 2015 of 4096
F.P. NO. 44'15121
sEcTtoN 03010-000
PARCEL 803
PERPETUAL EASEMENT
That portion of Parcel C, Pelican Marsh Unit Four - Phase Two, a subdivision lying in
Seclion 27, Township 48 South, Range 25 East, as per plat thereof recorded in Plat
Book 23, Page 93, Public Records of Collier County, Florida.
Being described as follows
Commence at the southwest corner of the southwest 1/4 of said Section 27, said corner
also being the southeast corner of the southeast 1/4 of Section 28, Township 48 South,
Range 25 East, Collier County, Florida; thence along the south line of said southeast
1/4, North 89"31'24" West a distance of 52.83 feet to the survey baseline of State Road
45 (U.S. 41); thence along said survey baseline North 00"39'06" West a distance of
1,213.92feel] thence North 89'21'49" East a dislance of 53.14 feet to the east existing
right of way line of said State Road 45 (per Section 03010-2568) and to the west line of
said southwest 1/4 and to the west line of said Parcel C for a POINT OF BEGINNING;
thence along said east existing right of way line and said wesl line North 00"38'1 1" Wesl
a distance of 16.53 feet to the north line of said Parcel C and to the soulh line of Tracl A
(per Pelican l\4arsh Unit Two, as per plat thereof recorded in Official Records Plat Book
22, Page 41, Public Records of Collier County, Florida) to the beginning of a curve
having a radius of 25.00 feet; thence along said north line and said south line the arc of
said curve to the right a distance of 23.'18 feet through a central angle of 53'07'48" with
a chord bearing North 25'55'43" East and a chord distance of 22.36 feel to the end of
said curve; thence South 00'38'1'1" East a distance of 36.53 feet; thence South
89"21'49" West a distance of 10.00 feet to the POINT OF BEGINNING.
Containing 305 square feet
Legal Description Approved by:
Wilfredo A. Alfonzo P.S.M. #7107
On: November 1, 2024
EXHIBIT'A'
Page 6 of 6 for Parcel 803.2
Page 2016 of 4096
23-UTL.02-05/09
Date; Novembe|l8,2024
This instrument prepared
under the direction of:
Angela D. Tucker, Chief counsel
Post Offlce Box 1249
Bartow, Florida 33831-1249
Department of Transportation
F.P. NO.4415121
PARCEL 804,3
SECTION 03010-000
STATE ROAD 45 (U.S. 41)
COUNry Collier
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT, entered into on the date executed by the State of Ftorida
Department of Transportation District One Secretary or their Designee, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter catted
the FDOT, whose post otfice address is: Post Office Box'1249, Bartow, Florida 33831-
1249 and BOARD OF COUN TY COI\,,IMISSIONERS OF COLLIER UNTY. FLORIDA,
AS THE GOVERNING BODY OF COLLIER COUNTY A ND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIE R COUNTY WATER-SEWER DISTRICT , utitity
Agency Organization, hereinafter called the Utility.
WITNESSETH:
WHEREAS, the Utilily presently 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 will require
subordination of the interest claimed in such lands by Utility to the FDOT; and
WHEREAS, the FDOT is willing to pay to have the Ulility's facitities relocated if
necessary to prevenl conflict between the facilities so that the benefits of each may be
retained.
NOW, THEREFORE, in consideration of the mutual covenanls and promises of
the parties hereto, Utility and FDOT agree as follows:
Utility hereby subordinates lo the interest of FDOT, its successors, or assigns,
any and all of its interest in the lands as follows, viz:
SEE EXHIBIT 'A'
Page 1 of 6 for Parcel 804.3
Page 2017 of 4096
RECORDED
PROVIDED that the Utility has the following rights:
The Utility shall have the right to construcl, operate, maintain, improve,
add to, upgrade, remove, and relocate facilities 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 Ulility
Accommodation Manual in effect at the iime the agreement is executed.
Any new construction or relocation of facilities within the lands will be
subject to prior approval by lhe FOOT. Should the FDOT fait to approve
any new construction or relocation of facililies by the Utility or require the
Utility to alter, adjust, or relocate its facilities located within said lands, the
FDOT hereby agrees to pay the cost of such alteration, ad.iustment, or
relocation, including, but not limiled to the cost of acquiring appropriale
easements.
Notwithstanding any provisions set forth herein, the terms of the utility
permits shall supersede any conlrary provisions, with the exception of the
provision herein with reimbursement rights.
The Utility shall have a reasonable right to enter upon the lands described
herein for the purposes outlined in Paragraph I above, including the right
to trim such trees, brush, and groMh which might endanger or interfere
2
3
INSTRUMENT DATE FROM TO o.R.
BOOI(PAGE
Grant of
Easement
12-14-78 lsabel Collier Read,
William W. Prout, and
Harold S. Lynton as
Trustees under the
Will of Miles Collier,
deceased, and
Marguerite R. Collier,
Norman A. Herren and
George G. Huntoon,
Personal
Representatives of the
Estate of Banon
Collier, Jr., deceased,
and lsabel Collier
Read and William A.
Read, Jr., individually
The Pelican Bay
lmprovement
District, a public
corporalion
organized and
existing under the
laws of the State of
Florida
Grant of
Easemenl
02-26-79 Collier Development
Corporation, a Florida
corporation
The Pelican Bay
lmprovemenl
District, a public
corporalion
organized and
existing under the
laws of the State of
Florida
oR 806
PG 1343
Page 2 of 6 for Parcel 804.3
oR 790
PG 1823
1.
Page 2018 of 4096
4
with such facilities, provided that such rights do not interfere with the
operation and safety of the FDOI-s facilities.
The Utility agrees to repair any damage to FDOT facilities and to
indemnify the FDOT against any loss or damage resulting from the Utility
exercising ils rights outlined in Paragraphs 1 and 3 above.
Page 3 of 6 for Parcel 804.3
Page 2019 of 4096
lN WITNESS WHEREOF, the FDOT hereto has executed lhis agreement on the
day and year lirst above written.
Legibly PrinuType Name
'Witness Mailing Address:
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
Post Ofiice Box 1 Bertow Flori.la ji8 1-1249
Bartow, Florida 33831-1249
Legal Review
SEAL)
Department Attorney
Legibly PrinuType Name
*Witness Mailing Address:
Post Office Box 1
Bartow, Florida 33831-1249
'ln accordance with Florida Statute 695.26, effective Jan. 1,2024, names and addresses of
witnesses must be /egibly Ninted, typed or stamped for the cle* ol lhe court to accept this
docu me nt for record i ng.
STATE OF
-
COUNTY OF
The foregoing instrument was acknowledged before me by means of -__jhysicalpresence or _online notarization, this _ day oI _,2O_, by
of a
Corporalion, on behalf of the Corporation, who is personally
known to me or who has produced as identificalion.
Name:_Notary Public in and for the County and
State last aforesaid. My Commission Expires Serial No., if any:_
Page 4 of 6 for Parcel 804.3
WITNESSES
-(SEAL)
R'-
District Secretary/Designee for
Districl One
Post Oflice Box 1249
Page 2020 of 4096
lN 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.
Jcffrey
ATTEST:_(SEAL)
Name:
Clerk(or Deputy Clerk)
ud lcgelity
county Attomey
County,
Florida,
By lts Board of County Commissioners
EAr)
Name:
Its ChairpeBon
(or Vice-Chairperson)
Granto(s)' Mailing Address:
I
v'
Page 5 of 6 for Parcel 804.3
I
I
Page 2021 of 4096
F.P. NO. 4415121
sEcTtoN 03010-000
PARCEL 804
PERPETUAL EASEN,4ENT
Being described as follows
Commence at the southwest corner of the southwest 1/4 of said Section 27, said corner
also being the southeast corner of the southeast 1/4 of Section 28, Township 48 South,
Range 25 East, Collier County, Florida; thence along the south line of said southeasl
1/4, North 89'31'24" West a distance of 52.83 feet to the survey baseline of State Road
45 (U.S. 41): thence along said survey baseline North 00"39'06" West a distance of
1,390.44 feet; thence North 89"20'54" East a distance of 53.19 feet lo the east existing
right of way line of said State Road 45 (per Section 03010-2568) and to the west line of
said southwest 1/4 and to the northwest corner of said Tract A and to the beginning of a
curve having a radius of 25.00 feet for a POINT OF BEGINNING; thence along the
north line of said Tract A the arc of said curve to the left a distance of 23.18 feet through
a central angle of 53"07'48" with a chord bearing South 27"12'05" East and a chord
distance of 22.36 feet to the end of said curve; thence South 00'38'1 1' Easl a distance
of 120.00 feet to the south line of said Tract A and to the north line of Parcel C (per
Pelican Marsh Unit Four - Phase Two, as per plat thereof recorded in Official Records
Plat Book 23, Page 93, Public Records of Collier County, Florida) to the beginning of a
curve having a radius of 25.00 feet; thence along said south line and said north line the
arc of said curve to the left a distance of 23.18 feet through a central angle of 53'07'48"
with a chord bearing South 25'55'43" West and a chord distance of 22.36 feet to said
east existing right of way line and said west line and to the southwest corner of said
Tract A to the end of said curve; thence along said easl existing right of way line and the
west line of said Tract A and the west line of said southwest 1/4. North 00"38"11" West
a distance of 160.00 feet to the POINT OF BEGINNING.
Containing 1,320 square feet
Legal Description Approved by:
Wilfredo A. Alfonzo P.S.M. #7107
On: November 1, 2024
EXHIBIT "A"
Page 6 of 6 for Parcel 804.3
Thal portion of Tract A, Pelican Marsh Unit Two, a subdivision lying in Section 27,
Township 48 South, Range 25 East, as per plat thereof recorded in Plat Book 22, Page
41, Public Records of Collier County, Florida.
Page 2022 of 4096
Date: November 18,2024
This instrument prepared
under the direction of:
Angela D. Tucker, Chief Counsel
Post Office Box 1249
Bartow, Florida 33831-'1249
Department of Transportalion
F.P. NO. 4415121
PARCEL 805.3
sEcTtoN 03010-000
STATE ROAD 45 (U.S. 41)
COUNTY Collier
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT, entered into on the date executed by the State of Florida
Departmenl of Transportation District One Secretary or their Designee, by and between
thE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. hErEiNAfIEr CAIIEd
the FDOT, whose posl office address is: Post Office Box 1249, Badow, Florida 33831-
1249 and THE 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
Utility Agency Organization, hereinafter called the Utility
WTNESSETH:
WHEREAS, the Utility presently 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 will require
subordinalion of the interest claimed in such lands by Utility to the FDOT; and
WHEREAS, the FDOT is willing to pay to have the Utility's facilities relocated if
necessary to prevent conflict between the facililies so that the benefits of each may be
retained.
Utility hereby subordinates to the interest of FDOT, its successors, or assigns,
any and all of its interest in the lands as follows, viz:
SEE EXHIBIT "A"
Page 1 of 6 for Parcel 805.3
23-UTL.02-05/09
NOW, THEREFORE, in consideration of the mutual covenants and promises of
the parties hereto, Utility and FDOT agree as follows;
Page 2023 of 4096
RECORDED
PROVIDED that the Utility has the following rights
The Utility shall have the right to construcl, operale, maintain, improve,
add to, upgrade, remove, and relocate facilities 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 effect at the time the agreement is executed.
Any new mnstruction or relocation of facilities within the lands will be
subject to prior approval by the FDOT. Should the FDOT fail to approve
any new construction or relocalion of facilities by the Utility or require the
Utility to alter, adjust, or relocate ils facilities located within said lands, the
FDOT hereby agrees to pay the cost of such alleration, adjustment, or
relocation, including, but not limited to the cost of acquiring appropriate
easements.
Notwithstanding any provisions set forth herein, lhe terms of the utility
permits shall supersede any contrary provisions, with the exception of the
provision herein wilh reimbursement rights.
2
INSTRUMENT DATE FROI\,4 TO o.R.
BOOI(PAGE
Grant of
Easement
12-14-78 lsabel Collier Read,
William W. Prout, and
Harold S. Lynton as
Trustees under the Will
of Miles Collier,
deceased, and
Marguerite R. Collier,
Norman A. Herren and
George G. Huntoon,
Personal
Representatives of the
Estate of Barron Collier,
Jr., deceased, and
lsabel Collier Read and
William A. Read, Jr.,
individually
The Pelican Bay
lmprovement
District, a Public
corporation
oR 790
PG 1823
Collier Development
Corporation, a Florida
corporation
The Pelican Bay
lmprovement
District, a Public
mrporation
oR 806
PG 1343
Grant of
Easement
07-28-00 Ocean Boulevard
Partnership, a Florida
partnershlp
The Pelican Bay
lmprovement
District, a Public
corporation
oR 2712
PG 602
Page 2 of 6 for Parcel 805.3
1.
Grant of
Easement
02-26-79
Page 2024 of 4096
J.
4.
The Utility shall have a reasonable right to enter upon the lands described
herein for lhe purposes outlined in Paragraph 1 above, including lhe right
to lrim such trees, brush, and groMh which might endanger or interfere
with such facilities, provided that such rights do not interfere with the
operation and safety of the FDOT'S facilities.
The Utility agrees to repair any damage to FDOT facilities and to
indemnify the FDOT against any loss or damage resulting from the Utility
exercising its rights outljned in Paragraphs 1 and 3 above.
Page 3 of 6 for Parcel 805.3
Page 2025 of 4096
lN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the
day and year herein.
Executed in our presence as witnesses STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
Signature By:
District Secretary/Designee for
District One
Print/Type Name
Signature Legal Review
Print/Type Name Department Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing inslrument was acknowledged before me by means of _jhysicalpresenceor-onlinenotarization,thiS-dayof-,20_by-'
District Secretary/Designee for Districl One. He is personally known to me or has
produced as identilication.
(Affix Seal/Stamp here)
Printed Name:
Notary Public in and for the Counly and State
last aforesaid.
My Commission Expires:_
Serial No.:
Page 4 of 6 for Parcel 805.3
Nolary Signature._
Page 2026 of 4096
lN WITNESS WHEREOF, the County has caused these presents to be executed
in ils name by its Board of County Commissioners acling by the Chairperson or Vice-
Chairperson of said Board, the day and year aforesaid.
ATTEST:_(SEAL)
Name:
Clerk(or Oeputy Clerk)
\rl and lcgality
County,
Florida,
8y lts Board of County Commissioners
-(SEAL)
Name:
Its Chairperson
(or Vice-Chairperson)
Granto(s)' Mailing Address:
.,, rr, uy A.Attorncytz
t.
Page 5 of 6 for Parcel 805.3
Page 2027 of 4096
F.P. NO. 4415121
sEcTtoN 03010-000
PARCEL 805
PERPETUAL EASEMENT
That portion of the norlhwest 1/4 of Section 27, Township 48 South, Range 25 East,
Collier County, Florida.
Being described as follows:
Commence at the southwest corner of the northwest 1/4 of said Section 27. said corner
also being the southeast corner of the northeast 1/4 of Section 28, Township 48 South,
Range 25 East, Collier County, Florida: thence along the south line of said northeast 1/4
North 89'39'08" West a distance of 53.53 feet to the survey baseline of State Road 45
(U.S. 41); thence along said survey baseline Norlh 00'39'06" West a distance of
1,354.28 feet; thence North 89'20'39" East a distance of 53.42 feet to the east existing
right of way line of said State Road 45 (per Section 03010-2568) and to west line of said
northwest l/4 for a POINT OF BEGINNING; thence continue North 89"20'39" East a
distance of 54.90 feet; thence South 00"39'2'1" East a distance of 19.66 feet: thence
South 89'20'39" Wesl a distance of 54.90 feet to said east existing right of way line and
said west line; thence along said east existing right of way line and said west line, North
00'39'21" West a dislance of 19.66 feet to the POINT OF BEGINNING.
Containing 1,079 square feet
Legal Description Approved by
Wilfredo A. Alfonzo P.S.M. #7107
On: November 1, 2024
EXHIBIT "A"
Page 6 of 6 for Parcel 805.3
Page 2028 of 4096