Resolution 1995-053 CWS 95-1
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RESOLUTION NO. 9~-~
RESOLUTION NO. CWS-95-~
RESOLUTION APPROVING A SUBORDINATION OF THE
COLLIER COUNTY WATER-SEWER DISTRICT'S UTILITY
INTERESTS IDENTIFIED AS PARCEL 103.2 AND LOCATED
WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION
PROJECT OF STATE ROAD 84, SECTION 03001-2515.
WHEREAS, the state of Florida Department of Transportation
proposes to construct or improve state Road No. 84, section No.
03001-2515, in Collier County, Florida; and
WHEREAS, it is necessary that certain easement rights now
owned by Collier County and the Collier County Water-Sewer
District be subordinated to the State of Florida Department of
Transportation; and
WHEREAS, said subordination is in the best interests of the
citizens of Collier County and the customers of the Collier County
Water-Sewer District; and
WHEREAS, the State of Florida Department of Transportation
has made application to said County and to the Collier County
Water-Sewer District to execute and deliver to the state of
Florida Department of Transportation a subordination of the
utility interests, in favor of the state of Florida, and said
request having been duly considered.
NOW, THEREFORE, BE IT RESOLVED BY 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, that the application of the
State of Florida Department of Transportation for a subordination
of utility interests for Parcel No. 103.2 is for transportation
purposes which are in the public or community interest and for
public welfare; that a subordination of utility interests for
Parcel No. 103.2 as described in Exhibit "A" attached hereto and
incorporated herein, in favor of the state of Florida Department
of Transportation, in Collier County, is hereby approved and the
Chairman is hereby authorized to sign said subordination on behalf
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ot the Board of County Commissioners as the Governing Body ot
Collier County and as EX-Officlo the Governing Board of the
Collier County Water-Sewer Olstrict_
BE IT FURTHER RESOLVED that a certified copy of this
Resolution be forwarded forthwith to the state of Florida
Department of Transportation at Tallahassee, Florida.
This Resolution adopted after motion, second and majority
vote.
DATED: 01;1s-
ATTEST:
DWIGHT Ec aROCK, CLERK
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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,_ ,.'
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Approved as to form
and legal sufficiency:
Attorney
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SECTION 03001-2515
PARCEL 103
A) That portion of the northeast ~ of section 12, Township 50
South, Range 25 East, Collier County, Florida.
Being described as follows:
Commence at the northwest corner of said northeast ~, said corner
being on the survey base line of state Road 84 (Davis Boulevard);
thence along said survey base line, also being the north boundary
of said Section 12, North 89-41'37" East, 258.94 feet; thence
South 00016'39" East, 75.00 feet to the intersection of the south
existing right of way line of said state Road 84 (per section
03506-2601) and the west existing right of way line of Lakewood
Boulevard (per Lakewood Unit No.6, as per plat thereof recorded
in Plat Book 12, Page 73, Public Records of Collier County,
Florida) for a POINT OF BEGINNING; thence continue south
00016'39" East, 10.00 along said west existing right of way line
of Lakewood Boulevard; thence North 45017'31" West, 14.14 feet to
said south existing right of way line of state Road 84; thence
along said south existing right of way line North 89041'37" East,
10.00 feet to the POINT OF BEGINNING.
containing 50 square feet.
ALSO
EXHIBIT "A"
Page I
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B) That portion of the northeast ~ of section 12, Township 50
South, Range 25 East, Collier County, Florida.
Being described as follows:
Commence at the northwest corner of said northeast ~, said corner
being on the survey base line of State Road 84 (Davis Boulevard);
thence along said survey base line, aleo being the north boundary
of said Section 12, North 89-41'37" East, 338.94 teet; thence
South 00-16'34" East, 75.00 feet to the intersection of the south
exieting right of way line of said state Road 84 (per Section
03506-2601) and the east existing right of way line of Lakewood
Boulevard (per Lakewood unit No.6, as per plat thereof recorded
in Plat Book 12, Page 73, Public Records of Collier County,
Florida) for a POINT OF BEGINNING; thence along said south
existing right of way line North 89041'37" East, 10.00 feet;
thence South 44042'29" West, 14.15 feet to said east existing
right of way line of Lakewocd Boulevard; thence along said east
existing right of way North 00016'39" West, 10.00 feet to the
POINT OF BEGINNING.
.
containing 50 square feet.
wil 1 E'J;:;y P.L;}.
Date: - 7./. 9
NOT VALID UNLESS EMBOSSED
737
EXHIBIT "A"
Page ""-
County hereby subordinates to the interest of FOOT, it
successors, or assigns, any and all of its interest in the lands
as follows, viz:
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23-UTL.02-06/93
Date: July 18, 1994
This instrument prepared
under the direction of:
Bruce P. Cury, General Counsel
Post ottice Box 1~~2
City: Bartow, Florida 33830
Department of Transportation
PARCEL 116.4
SECTION 03010-2545
STATE ROAD 90
COUNTY Collier
SUSORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT, entered into this z,1-t:' day of ,.,,~
199~, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDOT, whose post office
address is: Post Office Box 1249, Bartow, Florida 33830 and
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA;
hereinafter called County.
WIT H E S S B T HI
WHEREAS, the County 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 the County to the FOOT; and
WHEREAS, the FDOT is willinq to pay to have the County'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, County and FOOT agree as follows:
SEB EXHIBIT "An
Page 1
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RBCORDED
INSTRU!lEIlT
DATB FROM
TO
O.R.
BOOK PAGB
OR 1432
Pg. 1111
Easement
03-20-89 John T. Conroy,
Jr., as
Successor-
Trustee under
Land Trust No.
27-8170-00-6,
formerly Land
Trust No. 50-
0992
Board of
County
Commissioners
of Collier
County,
Florida
PROVIDED that the County has the following rights:
1. The County shall have the right to construct, operate~'.
maintain, improve, add to, upqrad~, remove, and . ...'.
relocate facilities on, within, and upon the landa'. .4'1'''.'.
described herein in accordance with the FOOT'. current
minimum standards for such facilities as required by
the FOOT, utility Accommodation Manual in effect at the
time the agreement is executed. Any new construction
or relocation of facilities within the lands will be
subject to prior approval by the FOOT. Should the FOOT
fail to approve any new construction or relocation ot
facilities by the County or require the County to
alter, adjust, or relocate its facilities located
within said lands, the FOOT hereby agrees to pay the
cost ot such alteration, adjustment, or relocation,
including, but not limited to the cost of acquiring
appropriate easements.
2. Notwithstanding any provisions set forth herein, the
terms of the utility permits shall supersede any
contrary provisions, with the exception at the
provision herein with reimbursement rights.
3. The County shall have a reasonable right to enter upon
the lands described herein for the purposes outlined in
Paragraph 1 above, including the right to tria such
trees, brush, and growth which might endanger or
interfere with such facilities, provided that such
rights do not interfere with the operation and satety
of the FOOT's facilities.
4. The County agrees to repair any damage to FOOT
facilities and to indemnify the POOT against any loss
or damage resulting from the County exercising its
rights outlined in Paragraphs 1 and 3 above.
Page 2
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IN WITNESS WHEREOF, the l"DOT hereto has executed this
agreement on the day and year first above written. ~:'.;..
Executed in our presence STATE 01" l"LORIDA : 1::'.:'- ',:-"t"
as witnepes: DEPARTKElIT 01" ~'""'01;;;''':-''Il:''r.
~ TRAN PORTATION /~Q~ "'''''\li."
I By: /<l<'\';-::'if)~'?~\"
i D id A v_ "' .,,) 'io:/
_ ature av . naY, f~~~'''' f"':.. ~
_ D District seer Wi C' ...;....,. ~ ,
.J ;)"\'O~ - for District onil' ',-:' "',(,tJ'
~~ /.Typu;.e N~ame :.".::~.;/l
oved as 0 Form and . -;:t:/
lit '..-/
Signature ~
R.~ tJ;lr-d
Print/Type Name
,'.
Department Attorney
STATE 01" FLORIDA
COUNTY 01" 'Pb l.K
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_...,u.;t'he foregoil)g, ins,trument vas acknowle<1lle<1 ~re ae thi.('; ."
..JiLL..:.' day of Mllrd" 199B- by ~,1Lll.1Al.l ,
District Secretary for District One. He is personaLty known to
me 0.... l~l:l.& lBr;Eltlee.l! as
~:::::f::::~::mp here) Notary Signature" (;gHJffi~il ~
Printed Name: :f~CIGt'.('/~ D. 1/,."....,,,)
Notary Public in and for
the County and stat. last
aforesaid.
Ky coamiSSion~ir..:
_ '?-.25'- .
Serial No.: Igr6~6
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IN WITNESS WHEREOF, the County and the Collier County
Water-Sewer District have caused these presents to be executed in
its name by its Board of County commissionsrs as the Ex-Officio
Governing Board of the Collier County Water-Sewer District acting
by the Chairman or Vice-Chairman of said Board, the, day and year:,
aforesaid. . f -. ;
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BOARD OF COUNTY CO~:r:SSIONERS Or,> ':,;
COLLIER COUNTY, FLQltfDA, A~:,THB ,~~
GOVERNING BODYJOF COLLIER COUNTY' ~
AND AS EX-OFFICIO 11IB;GOvERNi:NG- ," g
BOARD OF THE COLLiER' coinl'ry: t'.. ,: i; g
WATER-SEWER DISTRICT' ':.':' '..",-,': E'
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, ATTEST: '/~'Qr-
,:; ',DWIGHT, E.' BROCK, CLERK
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Approved as to form
and legal sufficiency:
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Attorney
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SECTION 03010-2545
PARCEL 116
That portion of the northwest % of Section 11, Township 50 SOuth,
Range 25 East, Collier County, Florida.
Being described as followe:
Commence at the northwest corner of said Section 11; thence along
the westerly boundary of said Section 11, South 00.26'09. East,
63.28 feet to the survey base line ot state Road 90 (U.S. 41)
Taaiami Trail and the beginninq of a curve concave southwesterly;
thence along said survey base line, the arc of said curve to the
right, having a radius of 11,459.16 feet, a central angle ot
02.07'42.4", an arc length of 425.69 feet, the chord for vhich
bears South 56059'32" East to the end of said curve; thence Horth
16.19'23" East, 52.49 feet to the northerly existing right ot vay
line of said State Road 90 (per Section 03010-2116) tor a POrNT
OF BEGINNING; thence continue North 16.19'23. East, 33.36 feet;
thence South 50.49'20" East, 115.46 feet; thence South 54"29'55"
East, 240.10 feet; thence South 00.33'46" East, 25.05 feet to
said northerly existing riqht ot vay line and the beqinninq of a
curve concave southwesterly; thence along said northerly existing
riqbt ot way line, the arc of said curve to the lett, having a
radius of 11,509.16 feet, a central angle ot 01.47'16.6., an arc
length of 359.15 feet, the chord for which bears North 55"06'49.
West to the POINT OF BEGINNING.
containing 7,997 square feet.
Wil~~aa. E.. Ray P~.L. #2737
Da,te:'{1"!1'07-/Q- _
NOT'VALID UNLESS SSED
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EXHIBIT "A"
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