Resolution 1995-239
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RESOLUTION NO. 95 - 239
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE THE GRANT OF UTILITY
EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR ELECTRICAL
UTILITY FACILITIES FOR THE NORTH NAPLES FIRE STATION
LOCATED AT THE NORTH NAPLES EMERGENCY SERVICES COMPLEX ON
VANDERBILT BEACH ROAD.
WHEREAS, Collier County is desirous of providing Florida
Power and Light Company ("FPL") with an easement for the
construction, operation and maintenance of overhead and
underground electric utility facilities (inClUding wires, poles,
guys, cables, conduits and appurtenant equipment) to be
installed from time to time, with the right to reconstruct,
improve, add to, enlarge, change the voltage, as well as the
size of, and remove such facilities or any of them within an
easement ten (10) feet in width.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners does hereby approve the
attached Grant of Utility Easement to Florida Power and Light
Company.
2. The Chairman of the Board of County Commissioners of Collier
county, Florida, is hereby authorized to execute the attached
Grant of Utility Easement to Florida Power and Light Company.
This Resolution adopted after motion, second and majority
vote.
DATED:3f-rfb
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
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~'DWight E. :Br~ck,
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Approved as to legal form
and sufficiency:
Jdu d . J As1Jhv--
Heidi F. Ashton
Assistant county Attorney
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1923343 OR: 2044 PG: 2044
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Folio '00176682006
GRANT OF UTILITY EASEMENT
~is Indenture, mad.. and executed this .s2L.. day of
"7 ~ ' 1995, by and between the Board of County
commISSIaners ot Collier County, Florida, as the Governing Body ot
Collier County, 3301 East Tamiami Trail, Naples, Florida 33962,
hereinafter referred to as GRANTOR, and Florida Power and Light
Company, P. o. Box 413013, Naples, Florida 33941-3013, hereinafter
referred to as GRANTEE.
WITNESSETH
That for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, receipt of which
is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its
successors or assigns, an easement tor the construction, operation
and maintenance of overhead and underground electric utility
facIlities (includIng wires, poles, guys, cables, conduits and
appurtenant equipment) to be installed from time to time: with the
right to reconstruct, improve, add to, enlarge, change the voltage,
as well as the size ot, and remove such facilities or any of them
within an easement ten (10) feet in width as more particularly
described on Exhibit "A" attached hereto and made a part hereof.
Together with the right to permit any other person, firm or
corporation to attach wires to any facilities hereunder and lay
cable and conduit within the easement and to operate the same for
cOllllllunications purposes; the right of ingress and egress to said
premises at all times; the right to clear the land and keep it
cleared of all trees, undergrowth and other obstructions within the
easement area: to trim and cut and keep trimmed and cut all dead,
weak, leaning or dangerous trees or limbs outside of tho easement
area which might interfere with or fall upon the lines or systems of
communications or power translIiission or distribution: and further
grants, to the fullest extent tho undersigned has the power to
grant, it at all, the rights hereinabove granted on the land
heretofore described, over, along, undor and across tho roads,
streets or highways adjoining or through said property.
GRANTEE, by acceptance of this easement agrees for itself, its
successors and assigns, to maintain said easement and in no way
interfere at any time with the right of ingress or egress of
GRANTOR, its successors and aSSigns, or any other party requiring
access to any ot the real property over which said easement is
granted. GRANTEE turther agrees that it will at all times use
extreme care to restore all grounds to as good or better condition
than found prior to construction, maIntenance and repair.
In the event GRANTEE, its successors or assigns, shall fail to
use this easement for the purpose intended, then GRANTEE, its
successors or assigns, shall vacate, cancel and annul said easement
or relevant part thereot.
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OR: 2044 PG: 2045
GRANTOR, its succsssors or assigns, shall upon said vacation,
have the right to require GRANTEE, its successors or assigns, to
r81lOVe, at Grant.e'. expense, any structure or improvements which
1IIlY affect the use of the property.
GRANTEE hereby covenants and aqreea to indemnity, save, protect
and hold harmless GRANTOR against any loss, damaqe, injury, debt or
expen.e, fee (includinq attorneys' fees), claimed or asserted by any
person or entity, arising out of GRANTEE'S installation or use of
GRANTEE'S facilities described above.
IN WITNESS WHEREOF the GRANTOR has caused these presents to be
executed in its name by its Board of County commissioners acting by
.,'. the Chairaan of said Board, the day and year first abo\'e written.
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- . . A'l'TEST.' .
-';<A>wiqhl!~'J,rock, Clerk
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BOARD OF COUNTY COKllISSIONERS
COLLIER COUNTY, FLORIDA
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Approved as to legal form
and sufficiency:
TillS CONVEYANCE APPROVED
BY TilE BOARD OF COUNTY
COMMISSIONERS, COLLIER
COUNTY, FLORIDA, PURSUANT TO
TilE PROVISIONS OF RESOLUTION
rlO. 95-239
rf.f:-I.' J AYivh
e d F. Ashton
Assistant County Attorney
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OR: 2044 PG:
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.' ~'!~sr DESCRIPTION Of A mlIJIISE[flfTILITY EASEMENT
{;:/\ Folio, '00176682006 P.a~ 1 af 2
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A PROPOSED unLITY EASEMENT fOR FLORIDA POWER II< LIGHT COMPANY,
OVER.IJNDER AND ACROSS ALL TIJAT PART Of LANDS AS DESCRIBED IN
OFFICIAL RECORD BOOK 1338, PAGE 63, PUBLIC RECORDS Of COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ^ T ^ POINT ON TIlE EASTERLY RIGHT-OF-WAY LINE OF
HAMMOCK OAK DRIVE AS RECORDED IN PLAT BOOK 22. PAGE 23, PUBLIC
RECORDS OF COLLIER COUNrY. FLORIDA, AND A POINT ON TIlE SOUTHER!. Y
RIGHT-Of-WAY LINE OF VANDERBILT BEACH ROAD (I 17.SO' RIGHT-OF-WAY)
;, STATE ROAD NO. 862; TIlENCE SOUTH 80.08'22" EAST ALONG TIlE NORntER!. Y
'./ LINE OF LANDS AS RECORDED IN OFFICIAL RECORD BOOK 1338, PAGE 63, AND
SAID SOUTHER!. Y RIGHT-Of-WAY LINE A DISTANCE OF 238.01 FEET; TIlENcE
LEAVING SAID NORTIlER!. Y LINE SOunI14"34'46" WEST 92.53 FEET; ntENCE
SOUTH 18"46'28" WEST 44.09 FEET TO THE POINT OF BEGINNING AND TIlE
CENTERLINE Of A 10.00 fOOT WIDE unLITY EASEMENT LYING 5.00 FEET ON
EACH SIDE Of THE fOLLOWING DESCRIBED CENTERLINE;
THENCE SOUTH 13'3744" WEST 46.00 FEET;
THENCE SOUTH 03'00'1 J" WEST 10.09 FEET;
THENCE SOUTH 18'4\'46" WEST 62.3\ FEET TO TIlE TERMINUS OF THE
EASEMENT HEREIN DESCRIBED;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AGNOLl. BARBER II< BRIJNDAGE. INC,
PROFESSIONAL ENGINEERS, PLANNERS II< LAND SURVEYORS
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