Parcel 156 A, B & CCOLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGiNEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE: March ~_~. 2004
TO: Sue Filson, l-~xccutive Manager - BCC
File
FROM: Lorraine Lantz, Right-of-Way Property Acquisition Specialis~
Phone number: 239-213-5843
RE: Vanderbilt Beach Road (~VBR Parcel #156 A, B and C Property
Acquisition from Palm Roy:~l~ Cemetery Folio Number 00282280004)
Attached please fi nd thc original Subordination of Utility Interests and Agreement for
Reimbursement for Additional Facility Relocations for Vanderbilt Beach Road - Project 63051
for execution by Chairman Donna Fiala.
This property is part ~1~ lho acquisition approved by the BCC pursuant to a Gif~ and
Purchase Resolution No._,,.,~--.,,.*>"~' ~ ~" ;, dated November 5, _~002 the Agenda Item Number was 10-
B. The Account Numbcr is; 13 163673
Please sign this Agreement on behalf of the BCC and forward to the Board Minutes and
Records for attestation by thc Clerk.
Thank you!
This instrument prepared by:
Florida Power & Light Company
P. O. Box 1119
Sarasota, FL 34230-1119
SUBORDINATION OF UTILITY INTERESTS
AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT, entered into this,~ day of [~), ,2004, by and between COLLIER COUNTY, STATE
OF FLORIDA, hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation,
whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called "Utility".
WITNE SETH:
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 County; and
WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of-
way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and
WHEREAS the County, in addition, in recognition of the Utility's interest in the certain lands, is willing to pay for
any future relocation of the Utility's facilities from or within the entire width of the public right-of-waY shown on Exhibit
"A", attached hereto and made a part hereof,
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and
County agree as follows:
UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto
and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving,
maintaining and operating a road over, through, upon, and/or across such Lands, based on the following:
] J land Mausoleum, Inc. Com~p~ Pgg~ 3___1~6_. 8
The County and the Utility further agree that:
"Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the
Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A",
attached hereto and made a part hereof.
The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate
facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's
current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation
of facilities within the public right-of-way will be subject to prior approval by the County.
The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be
reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to
be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present
or future uses of the right-of-way by Colli~ County or its assigns, including, but not limited to, the cost of acquiring
replacement easements.
The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in
Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with
such facilities. County shall provide and insure access to said lands by the Utility.
The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage
resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its
facilities on the said public right-of-way.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
IN wrr~ ss WHEREOF, the pa~ies hereto have executed this Ageement on the day and ye~ first above
Si~ed, sealed and deliv~ed FLORA POWER & LIGHT COMP~
in the presence of:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Donna/F~.ala Chairman
Print Name:
Print Name:
Title: ? ~ - e/~ra/t~/l~eal Estate Manager
Print Name: David OTDouglass
(Corp. Seal)
STATE OF FLORIDA, COUNTY OF PALM BEACH
I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally
appeared David G. Douglass to me known and personally known to me to be the person described herein, and did not take
an oath and who executed the foregoing instrument as its Corporate Real Estate Manager of the Florida Power & Light
Company and acknowledged before me that he executed the same as such official in the name and on behalf of said
Corporation.
WITNESS my hand and official seal in the County and State aforesaid this~'~ day of tT~a~, 2004.
My Commission Expires: Notary Signature:
Notary Public State of Florida
Printed Name:
TRACT 93
GOLDEN GATE
ESTATES UNIT 95
SOUTH ROW LINE
PARCEL l§SA
z
0 ~
30'
- ' ' Z
0 100' 200' 300'
Notes:
1. This is not a survey.
2. Basis of bearing is state
plane coordinates, Florida East
Zone.
3. Subject to easements,
reservotlons and restricUons
of record.
4. Easements shown hereon
ore per plot, unless otherwise
noted.
5. ROW represents Right of
Way.
Description:
NORTHEAST CORNER OF SECTION 4
EXHIBIT.
Page_.L_ 0[._%_
REVISED - 09/16/03
CLIENT; ' '
TITLE:
DAf[;
The North 30,00 feet of the
Northeast 1/4 of the
Northeast 1./4 of Section 4,
Township ¢9 South, Range 26
East, Collier County, Florida.
Contoinlng 0,911 acres, more
or less,
ANDREW B BECK, P S ~ (FOR THE FIRM)
~or XX
PROJECT NO,~
I
gK~TCH AND D~F.~ICPIIPTION
COLLieR COUNTY D~PAFrrMEN'r, "
OI= TFIAN~A TION
(DATE SIGNED) .... ' ,"
NOT VA'T. ID W1THOUT ~TH:E, SIGNATURE A,ND'"
THE ORIGINAL RAISED SEAL..OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
N 00'06'11" E
12.00'
PARCEl_ 156B
Z [fl
S 00'06'I 1"
12.00'
EXHIBIT
SOUTH ROW' LiNE
I
0~
0
I ~>.
POINT OF BEGINNINg:
NBg"55'49"W
841.5¢
I - I .POINT OF OOMMEN. CEMENT:
I ~'~ NORTHEAST CORNI=R
I ,
TRACT 8W ~'ISECTION 4-4g-26
GOLDEN gATE
ESTA~S UNiT 2 I 50.00'
Oe~crlptlon:
A pardon of the Northeast one-querier of section 4, Town~hlp 4g
South, Rdnge 26 E~st, Oollier County, Florida, being more porUeulorly
described as followm
Commence ~t tho Northeast corner of Section 4, Township 49 South,
Range"26 East, Celller County, Florida; thenc~ South ~0'50'16"
dong the West line of Tract 8W of Golden Gate Eat~[e~ Unit No. 2,
Recorded In Plot Book 4, Page 75, of the Publlo Records of Collier
County, Florld~, for o dlstence of 30.00 feet; thence North 89'55'4g"
West, dong the Exl~ttng Southerly Right of Woy llne of Vonderbllt Beech
Rood; for o dlatonee of 841.5g feet, [o the POINT OF BEO{NNINO of the
herein deaorlbed parcel; thence South 00'08'11" West, for a all,fence of
12.00 fee[: thence North 8g'55'4g" We~t, for e dl~tonce o¢ 362.05 feet;
thenca North 00'08'11" East, for a distance of 12.00 feet, to o point
of Int~raeeUon with sold Southerly Ilne; thence South 89'53'49"
dong ~eld Southerl~ llne for o dlstenoe of 562.05 feet, to the POINT
OF BEGtNNINO; Containing 0.0997 OGreS, more or
PROJEOr NO4 ~ J PARCEL NO. I ~ OLIENT,
~ z
WilspnMiller
Nov 0~, J~OO3 - I4~II~3O MLAHUREIX,\$UR\O4~E4\VANDY\IL37~-I~,dwo
0 4O' 80' 120'
TITLE~
DAIE~
Notes:
1. This is not o survey.
2. Bash of bearing ts state
plane coordinates, Florida East
Zone.
3. Subject to easements,
reservations and restrictions
of record.
4. Easements shown hereon
ore per plot, unless otherwise
noted.
5. ROW'represents Ri]hr of
Way.
FEE glMPLE
INTEREST
ANDREW B. BECK, P.S.M. (FOR THE FIRM)
FLA./LIC. ~0. 6065
~(DATE SIGNED)
NOT V4~UD WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
FOLIO NO .....
O0t...LIER OOUNTY
C~ 7P, ANBPO~TA'I1E~
~K~ETCH AND D~~
JgHEET. NUI,'fl~ER: I FILE NO.;
~ or XX 1L~3~
JPROJECT NO.:
NO0'O0'I 1 "E
12.00'
ROW LINE
0 30 80 gO
EXHI IT_
Page
Z
z
158~
X
ED
0~
FEE 81MPLE
INTEREST'
A perUon of the Northeast one-quarter of Section
4, Township 4g South, Range 28 East, Collier
County, Florida, being more portlcularly described aa
follows:'
Commence at the Northeast corner of Section 4,
Townehlp 4g South, Range 28 East, Cailler County,
Florida; thanes South 00'50'18" East, along the
West line of Treat 8W of golden gate Re,area Unl[
No. 2, oa Recorded In Plat Book 4, P~ge 7fi, of
the Public Records of Collier County, ~lerldo, for o
distance of 30.00 feet, to the POINT OF BEGINNINg
of the herein de~crlbed parcel; thence conUnulng
Seu{h 00'50'18" East, clang aced Wea~ line for o
dlatonee of 12.00 feet; thence North 89'53'49"
West, for o diet,nee of 423.83 feetl thence North
00'08'11" East, for o distance of 12.00 feet, [o o
olnt of Intersection with the Existing Southerly
Ight of Way line of Vonderbllt Be~eh Rood; thence
Soutt1 89'53'49" East, along aotd Southerly IIn~ for
o dlst~nce of 423,04 feet~ to the POINT OF
BEGINNINg; Containing 0,117 oc~ee, more or" Iaaa.
S00'§0'16"E
~2. oo' soo
(~OLDEN BATE
ESTAI'ES UNIT
Notes:-
1. :['his ts not a survey:
2. Basle of bearing [e ~tote
plane coordinates, Florida East
Zone.
3. Subject to easements,
reservations and restrtctlone
of record,
4. Easements shown hereon
ore per plat, unless otherwise
noted.
5. ROW represents Right of
Way.
tINNINg:
NORTHEAST CORNER
SEB~ION 4-4g-28
SKETCH
'" ~bAd~ ~
AS NOTED 4/4g/26
DATE · SHEET
05/02
~ OF1
FOLIO NO. oo).8 z ooo4 ·
ro. THE
_~ :IT_:O.Z~ (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLOF~IDA
LICENSED SURVEYOR AND. MAPPER
AND DESCRIPTION'
WIL. KI$ON '&
ASSOCIATES
INC, I~
ENGINEERS, SURVEYORS AND-PLANNERS
;3500 EXCHANGE AVE, NAPLEb, FLA,
(g41) 8;t3-240,~ FAX NO. (g41) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
'w.o. No. ~N BY riL~ NA~
0224.1 EAW VANDYBASE.DWG
FB P~ 'DWg. NO, .. ,_
VBR-L-156A
CHECKED
DJH