Resolution 1995-054 CWS 95-2
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RESOLUTION NO. 95-~
RESOLUTION NO. CWS-95-~
RESOLUTION APPROVING A SUBORDINATION OF THE
COLLIER COUNTY WATER-SEWER DISTRICT'S UTILITY
INTERESTS IDENTIFIED AS PARCEL 106.2 AND LOCATED
WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION
PROJECT OF STATE ROAD 84, SECTION 03001-2515.
WHEREAS, the State ot Florida Department ot 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 ot
Transportation; and
WHEREAS, said subordination is in the best interests ot 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 ot
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 ot Florida Department ot Transportation for a subordination
of utility interests for Parcel No. 106.2 is for transportation
purposes which are in the public or community interest and for
public welfare; that a subordination of utility interests tor
Parcel No. 106.2 as described in Exhibit "Atl 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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BOARD OF COUNTY COMMISSIONERS OF.
COLLIER COUNTY, FLCRIDA, AS THE '\
GOVERNING BODY OF COLLIER COUNTY S
AND AS EX-OFFICIO THE GOVERNING ", ~,
BOARD OF THE COLLIER COUNTY, ".!: '
WATER-SEWER DISTRICT " ii
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ot the Board of County Commissioners as the Governing Body of
Collier County and as Ex-Officio the Governing Board of the
Collier County Water-Sewer District.
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: 0,tf,--
';,AT':\'EST:
DWIGHT E., ,BROCK, CLERK
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Approved as to form
and legal' sufficiency:
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SECTION 03001-2515
PARCEL 106
That portion of the northeast ~ of Section 12, Township SO South,
Range 25 East, Collier County, Florida.
Being described as follows:
Commence at the northwest corner of said northeast ~, said corner
beinq on the survey base line ot state Road 84 (Davis Boulevard);
thence alonq said survey base line, also beinq the north boundary
of said Section 12, North 89.41'37" East, 338.94 feet; thence
South 00.16'34" East, 75.00 teet to the intersection of the south
existinq riqht of way line of said State Road 84 (per Section
03506-2601) and the east existinq riqht ot way line ot Lakewood
Boulevard (per Lakewood Unit No.6, as per plat thereof recorded
in Plat Book 12, paqe 73, Public Records ot Collier County,
Florida) tor a POINT OF BEGINNING; thence alonq said south
existinq riqht ot way line North 89.41'37" East, 10.00 teet;
thence South 44042'29" West, 14.15 feet to said east existinq
riqht ot way line of Lakewood Boulevard; thence alonq said east
existinq riqht of way North 00.16'39" West, 10.00 feet to the
POINT OF BEGINNI~G.
containing 50 square feet.
William E. ~ay P.L.S.
Date: /') -08- '71-
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23-UTL.02-06/93
Date: June 21, 1994
This instrument prepared
under the direction ot:
Bruce P. cury, General Counsel
Post Oft ice Box 1249
City: Bartow, Florida 33830
Department ot Transportation
PARCEL 103.2
SECTION 03001-2515
STATE ROAD 84
COUNTY Collier
SOBORDIKA~IO. or COUNTY UTILITY INTERESTS
,..ntIS AGREEMENT, entered into this 1.1-lt day ot 1YJt1~
199~, by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinatter called the FOOT, whose post otfice
address is: Post otfics Box 1249, Bartow, Florida 33830 and ~
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. AS TIlE
GOVERNING BODY FOR COLLIER COUNTY AND AS THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER DISTRICT, hereinafter called
County.
. IT. . S S . T ..
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WHEREAS, the County presently has an interest in certain
lands that have been determined necessary tor highway purposes;
and
WHEREAS, the proposed use of these lands for highway
purposes will require subordination ot the interest clat.ed in
such lands by the County to the FOOT; and
WHEREAS, the FOOT is willing to pay to have the County's
facilities relocated it necessary to prevent conflict between the
tacilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants and
promises ot the parties hereto, County and FOOT agree as follows:
County hereby subordinates to the interest of FOOT, it
successors, or assigns, any and all of its interest in the lands
as tollows, viz:
SEB EXHIBIT "A"
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RI!CORDIlD
INSTRUHElIT DATE FROK TO O.R.
IlOO15LP~B
Easement 07-23-86 East Naples The Board ot OR 1207
Water Systems, County Pq. 2184
Inc. Commissioners
of Collier
County,
Florida, as
the Governing
Body tor
Collier
County and as
The Governing
Board ot the
Collier
County Water- .'
Sewer :..,'
District .:i:
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PROVIDED that the County has the following rights:
1. The County shall have the right to construct, operate,
maintain, improve, add to, upgrade, remove, and
relocate facilities on, within, and upon the lands
described herein in accordance with the FOOT's current
minimum standards tor such tacilities as required by
the FOOT, Utility Accommodation Kanual in ettect at the
time the agreement is executed. Any new construction
or relocation ot facilities within the lands will be
subject to prior approval by the FOOT. Should the FOOT
fail to approve any new construction or relocation of
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 of such alteration, adjustment, or relocation,
including, but not limited to the cost of acquirinq
appropriate easements.
2. Notwithstanding any provisions set forth herein, the
terms of the utility permits shall supersede any
contrary provisions, with the exception ot the
provision herein with reimbursement rights.
3. The County shall have a reasonable right to enter' upoA":
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 safety
of the FDOT's facilities.
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4.
The County aqreea to repair any damaqe to FOOT
racilities and to indemnity the FOOT aqainat anr 10..
or damaqe resultinq rro. the County exerci.inq t.
riqhta outlined in Paragraphs 1 and 3 above.
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IN WITNESS WHEREOF, the FOOT hereto has executed thb ", ~I':":-::~'
aqreement on th.p:::e::: year tirst abov:T:~t::n~RIDA)('~~'}\~'\
DEPARTMENT OP . ~ C,f.?t:y "
TRAN PO T ON \>;;,:.t(.(jf. ~rh'/
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By:
sign
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Print/Type Name .
David A. May, P E.
District Secre ary
tor Dietrict 0 e
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Department Attorney
STATE OF FLORIDA
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COUNTY OF
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~""'^ The toreqoiMnhtrument was J1cknowled~ b4>tOXll. me thie
...ii.L day ot t 199d by" -D. l-t. II J~ '
Dietrict Secretary tor District Ons. He is peraonally own to
JIG or k:2l11 P-^"u-si ......
li1eHt<l<fl'1Q2t"^"
(Attix seal/stamp here)
Notary Siqnatur~i). ~
Printed Name:
Q) JICOOf1II o.lIlOIMl_
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Notary Public in and tor
the County and state last
atoresaid.
My Commission ~ires:
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Serial No.: !t'.1Y?ot~
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IN WITNESS WHEREOl", the County and the Collier County
Water-Sewer District have caused these present. to be executed in
it. name by it. Board of County Commissioner. a. the Ex-Qrricio
Governing Board ot the Collier County Water-Sewer Dietrict acting
by the Chairman or Vice-Chairman ot said Board, the day and year
atoresaid.
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ATTEST:
" .oWtl;1f1l ,Eo BROCK,
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Approv,d 'a. to torm
and legal sutticiency:
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY. I'LORID~rAS' '1'Bll
GOVERNING BODY 01" COU,tER C01Jli'j."t'"
AND AS EX-QFFICIO THB .GOVERNtNG' '-~
BOARD OF THE COLLIEJi ..coUNTY '~'~r'\', <0
WATER-SEWER DISTRIc;'I'; ''''? :,; /.; ;', ~
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SECTION 03001-2515
PARCEL 103
A) That portion of the northeast % ot Section 12, Township 50
South, Ranqe 25 East, Collier County, Florida.
Beinq described as tollows:
Commence at the northwest corner of said northeast %, said corner
beinq on the survey base lins ot State Road 84 (Davis Boulevard);
thence alonq said survey base line, also beinq the north boundary
of said section 12, North 89041'37" East, 258.94 teet; thence
South 00016'39" East, 75.00 teet to the intersection ot the aouth
existinq riqht ot way line ot said State Road 84 (per Section
03506-2601) and the west existinq riqht ot way line ot Lakewood
Boulevard (per Lakewood Unit NO.6, as per plat thereot recorded
in Plat Book 12, paqe 73, Public Records ot Collier County,
Florida) for a POINT OF BEGINNING; thence continue South
00016'39" East, 10.00 alonq said west existinq riqht ot way line
ot Lakewood Boulevard; thence North 45017'31" West, 14.14 feet to
said south existinq riqht ot way line ot State Road 84; thence
alonq said south existinq riqht ot way line North 89041'37" East,
10.00 teet to the POINT OF BEGINNING.
Containinq 50 square teet./
ALSO
EXHIBIT "A"
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B) That portion of the northeast ~ ot section 12, Township 50
South, Range 25 East, Collier County, Florida.
Being described as tollows:
Commence at the northwest corner ot 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
ot said section 12, North 89041'37" East, 338.94 feet; thence
South 00016'34" East, 75.00 feet to the intersection ot the south
existing right of way line of said State Road 84 (per section
03506-2601) and the east existing right of way line ot Lakewood
Boulevard (per Lakewood Unit NO.6, as per plat thereot recorded
in Plat Book 12, Page 73, Public Records ot Collier County,
Florida) for a POINT OF BEGINNING; thence along said south
existing right of way line North 89041'37" East, 10.00 teet;
thence South 44042'29" West, 14.15 feet to said east existing
right of way line ot Lakewood Boulevard; thence along said east
existing right ot way North 00016'39" West, 10.00 teet to the
POINT OF BEGINNING.
containing 50 square feet. I
Wil . 1\~y F.L.I;.
Date: 017- '1'1- 94
NOT VALID UNLESS EMBOSSED
737
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EXHIBIT "A"
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