FPL - Memorandum of ROW Consent Agreement INSTR 5324519 OR 5324 PG 3861
RECORDED 10/19/2016 11:35 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
This Instrument Prepared By: DOC@.70$0.70 REC$35.50
Mark L. Byers
Florida Power & Light Company
P.O. BOX 1119
Sarasota, FL 34230
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this
=. 1 -1'-day of Oc 4 c-, 2016, by and between BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS
THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356,
(hereinafter referred to as "Licensee"), and FLORIDA POWER & LIGHT COMPANY, a
Florida corporation, whose mailing address is P.O. Box 14000,Juno Beach, Florida 33408-0420, Attn:
Corporate Real Estate Department(hereinafter referred to as "Company").
WITNESSETH:
WHEREAS, on the 11+k-day of 0C o\,if , 20 tkp , Company and Licensee
entered into a written Right-of-Way Consent Agreement (hereinafter referred to as the
"Agreement") related to certain property situated in the County of Collier, State of Florida as
more particularly set forth in said Agreement and described in Exhibit "A" attached hereto
and made a part hereof and hereinafter referred to as the "Lands", and
WHEREAS, the parties are desirous of placing their interest therein as a matter of
public record.
NOW THEREFORE, in consideration of the mutual covenants herein contained and
the parties intending to be legally bound thereby, the parties hereto agree as follows:
1. The property described in Exhibit"A" is subject to a right-of-way in favor of
Company recorded in O.R. Book 432, Page 722, and O.R. Book 431, Page 207 of the Public
Records of Collier County, Florida.
2. The Agreement provides, among other things, Licensee's right to construct
certain improvements upon the Lands including, but not limited to, installation, operation and
maintenance of a 24 inch force main, subject to certain conditions and restrictions.
3. Licensee may assign its rights and obligations under this Agreement to a
solvent party upon written consent of the Company, provided that said party assumes the
obligations under the Agreement and specifically acknowledges and agrees that the use of the
property and improvements to be placed on the property are strictly limited to those depicted
on a certain plan of improvement and are otherwise subject to the terms of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement
on the date hereinabove written.
Witnesses: Company:
FLORIDA POWER& LIGHT COMPANY
atyre �y Its: Area Real Estate Mansei
[fi va AA _ ed-c_1-c_ Print Name: Mark L. Byers
ame'riot):
t i
Signatu►� ,4 coco
C —/V6-
Name (Print):
State of Florida )
)ss:
County of )
On this i 9' day of Aa G rS r, 20 tom, before me, the undersigned Notary Public,
personally appeared Mark L. Byers, Area Real Estate Manager of Florida Power & Light
Company, a Florida corporation, personally known to me to be the person who subscribed to
the foregoing instrument and acknowledged that he executed the same on behalf of said
corporation and that he was duly authorized to do so.
In Witness Whereof, I hereunto set my hand . ,; official seal.
(seal) '-)/1
seal) A `, �
NO,T Y PUBLIC, STATE OF FLORIDA
" ":::`''• LILLIAN M COLE Print Name: /.I Al. (�.b f-e.
' �� i" MY COMMISSION#FF080869
0,osIP EXPIRES October 7,2017 Commission No.:
(407)398.0183 FlorldallotaryService.com
My Commission Expires:
(Execution continued on next page.)
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
DWIGHT E. BROCK,Clerk 44 jjiissss4itiiv'`
ttBY: kcire-"o-1
A 616airman's DONNA FIALA,Chairman
s;grature only. APPROVED AS TO FORM&LEGALITY
BY: Jennifer A. Belpedio"
Assistant County Attorney 0512
\lQ
A
Memorandum of Right-of Way Consent Agreement Form
Rev.03.09.2012
ObJ
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PROPERTY ZONING: GERMAIN HONDA PUD ORDINANCE 15-43
PROPERTY FOLIO NO.: 00256360507
PROPERTY LEGAL DESCRIPTION:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,SAID POINT OF COMMENCEMENT BEING THE CENTERLINE
INTERSECTION OF LIVINGSTON ROAD IC.R.1111 AND PINE RIDGE ROAD(C.R.116);THENCE NORTH 00°17'03'WEST ALONG THE EAST LINE OF SAID SECTION 12,A DISTANCE OF 75.00 FEET;THENCE
NORTH 89'31'15'WEST,A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;THENCE NORTH 00017'03"WEST ALONG A LINE LYING 30 FEET WEST AS MEASURED PERPENDICULAR TO SAID
EAST UNE OF SECTION 12,A DISTANCE OF 1245.71 FEET;THENCE NORTH 89032'18'WEST,A DISTANCE OF 187.45 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE,CONCAVE TO
THE EAST,HAVING A RADIUS OF 5806.33 FEET,A CENTRAL ANGLE OF 02002'370,AND A CHORD OF 207.07 FEET BEARING SOUTH 09°22'32'EAST;THENCE SOUTH ALONG SAID CURVE,A DISTANCE
OF 207.09 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE,CONCAVE TO THE WEST,HAVING A RADIUS OF 5686.33 FEET,A CENTRAL ANGLE OF 06007'58',AND A CHORD OF 608.36 FEET
BEARING SOUTH 07.20'11"EAST;THENCE SOUTH ALONG SAID CURVE,A DISTANCE OF 608.66 FEET;THENCE SOUTH 00°17'03'EAST,A DISTANCE OF 413.85 FEET;THENCE SOUTH 45.06'14'WEST,
A DISTANCE OF 21.06 FEET;THENCE NORTH 89°31'15'WST,A DISTANCE OF 315.04 FEET;THENCE SOUTH 00017'13'EAST,A DISTANCE OF 10.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF
AFORESAID PINE RIDGE ROAD;THENCE SOUTH 89031'15'EAST ALONG SAID NORTH RIGHT-OF-WAY UNE,A DISTANCE OF 480.05 FEET TO THE POINT OF BEGINNING;SAID DESCRIBED TRACT
CONTAINING 3.253 ACRES(141,691)SQUARE FEET),MORE OR LESS.
BASIS OF BEARINGS IS THE EAST LINE OF SECTION 12 BEING NORTH 00°17'03'WEST.
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