Agenda 06/28/2011 Item #16E 9
6/28/2011 Item 16.E.9.
EXECUTIVE SUMMARY
Recommendation to approve a Right-of-Way Consent Agreement and Memorandum of
Right-of-Way Consent Agreement from Florida Power & Light Company for access on,
over and across a portion of Calusa Bay South property located off Goodlette Frank Road
in Naples, Florida at an estimated cost not to exceed $50, Project Number 70062.
OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board)
approve the attached FP&L Right-of-Way Consent Agreement and Memorandum of Right-of-
Way Consent Agreement (Agreement). The public purpose is to provide necessary infrastructure
upgrades for the construction and maintenance of telemetry control infrastructure for an
Irrigation Quality (IQ) Water meter and valve site servicing Calusa Bay South located off
Goodlette Frank Road in Naples, Florida.
CONSIDERATIONS: Approval of this Agreement will further the process of providing
continued compliance of lQ water delivery with improv(:d responses to breakdowns, and
anticipating and improving preventative or proactive maintenance through enhanced
communications and control capabilities. The project involves the construction and maintenance
ofIQ infrastructure including telemetry antenna, electrical panel, meter assembly, and electrical
conduit that will provide best value technology and improved performance and service.
-
The Florida Power & Light Company (FP&L), as first right easement holder over the property at
this location, has expressed no objection to the proposed easement location. A copy of the FP&L
Right-of-Way Consent Agreement is attached.
The attached Right-of-Way Consent Agreement and Memorandum of Right-of-Way Consent
Agreement have been reviewed and approved by the Public Utilities Division and the County
Attorney's Office.
This pro~ect is consistent with the 2008 Wastewater Master Plan update adopted by the Board on
June 24t , 2008, under Agenda Item 16G. This project is referenced in the Wastewater Master
Plan, Table 8-1, Page 70f7, Line 151.
A location map of the proposed Easement area is attached for ease of reference.
FISCAL IMP ACT: The total cost will not exceed $50 for the recording of the document. Funds
in the amount of $50 are available in the FY I] budget for this action in Project 70062. The FY
II Capital budget was approved by the Board on September 23th, 2010. Source of funds is
Wastewater User Fees, Fund 4]4.
LEGAL CONSIDERATIONS: This item IS legally sufficient for Board action. This item
requires a majority vote. - JEW
-
GROWTH MANAGEMENT IMPACT: This project is consistent with, and furthers the goals,
objectives and policies of the Collier County Growth Management Plan.
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6/28/2011 Item 16.E.9.
RECOMMENDA nON: That the Board of County Commissioners of Collier County, Florida
approves and authorizes the Chairman to execute the Right-of-Way Consent Agreement, and
Memorandum of Right-of-Way Consent Agreement; and direct the County Manager or his
designee to proceed to record the Memorandum of Right-of-Way Consent Agreement in the
Public Records of Collier County, Florida.
Prepared By: Gary Bigelow, Property Acquisition Specialist, Real Property Management
Section, Facilities Management Department, Administrative Services Division.
Attachments: (1) Location Map
(2) Right-of-Way Consent Agreement
(3) Memorandum of Right-of-Way Consent Agreement
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6/28/2011 Item 16.E.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.9.
Item Summary: Recommendation to approve a Right-of-Way Consent Agreement and
Memorandum of Right-of-Way Consent Agreement from Florida Power & Light Company for
access on, over and across a portion of Calusa Bay South property located off Goodlette Frank
Road in Naples, Florida at an estimated cost not to exceed $50, Project Number 70062.
Meeting Date: 6/28/2011
Prepared By
Name: MottToni
Title: Manager - Property Acquisition & Canst M,FaciJitie
6/13/2011 11:58:17 AM
Submitted by
Title: Manager - Property Acquisition & Canst M,Facilitie
Name: MottToni
6/13/2011 11:58:19 AM
Approved By
Name: ChmelikTom
Titie: Project Manager, Principal,Public Utilities Engine
Date: 6/13/201] 12:21 :48 PM
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 6/13/2011 12:22:26 PM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 6/13/2011 ]2:39:23 PM
Name: CromerAaron
Title: Project Manager, Principal,Public Utilities Engineering
Date: 6/13/2011 1:20:13 PM
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6/28/2011 Item 16.E.9.
Name: Danette Huff
Title: Manager -Irrigation Quality,Wastewater
Date: 6/13/20112:47:41 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 6/]3/20] 14:58:51 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 6/14/2011 9:41 :41 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/16/20] 1 9:58:53 AM
Name: U sherSusan
Title: ManagementlBudget Analyst. Senior,Office of Manage
Date: 6/20/2011 10: 13:33 AM
Name: lsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/20/2011 1 :52:48 PM
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6/28/2011 Item 16.E.9.
LOCATION MAP
CALUSA BAY SOUTH
FP&L
100'
CORRIDOR
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6/28/2011 Item 16.E.9.
Line No: 2J-] Parcel No:
Line Name: Collier-Teny 138kv
Stl1Jcture No.: 86M7, 86M6
Section, Township, Range: 3-49-25
RIGHT-OF-WAY CONSENT AGREEMENT
FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailulg address is P.O.
Box ]4000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereulafter referred
to as "Company", hereby consents to COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3335 TamiamiTrailEast, Suite 101, I'>lap]es, Florida 34112-5356, hereinafter
refelTed to as "Licensee", using an area within Company's right-of-way granted by that certain agreement
recorded in Book 30, at 27, of the Public Records of Collier County, Florida. The said area within
Company's right-of-way, hereinafter referred to as "Lands", is more particularly described on Exhibit "A"
attached hereto. The use of the Lands by Licensee, shall be solely for the pUIl'ose of construction,
installation, operation and maintenance of a telemetly antenna, as shown on the plans and specifications
submitted by Licensee, attached hereto as Exhibit "B".
In consideration for Company's consent and for the other mutual covenants set forth below, and for
Ten Dollars and No Cents ($]0.00) and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties hereto agree os follows:
I. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event
Licensee does not own said Lands; to obtain any and all applicable federal, stale, and local permits required
in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all
federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the
Lands by Licensee pursuant to tbis Agreement.
2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is
sllbordulate to the rights and interest of Company Ul and to the Lands and agrees to notifY its employees,
agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities
located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads;
maintain any facilities, devices) or improvements on the Lands which aid in or are necessary to Company's
business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee
understands that in the exercise of such rights and interest, Company from time-ta-time may require
Licensee, to relocate, alter, or remove its facilities and equipment. including parking spaces and areas, and
other improvements made by Licensee pursuant to this Agreement whieh interfere with or prevent
Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities.
Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other
improvements within thirty (30) days of receiving notice from Company to do so. Such relocation,
a.lteration. or removal will be made at the sole cost and expense or Licensee and at no cost and expense to
Company; provided however, should Lic~nsee, for any reason, fail to make such relocation, alteration, or
removal, Company retains the right to enter L.:pon the Lands and make said relocation. alteration, or
remuval of Licensee's facilities, equipment, parking sp3ces and areas, and other improvements and Licensee
hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon
demand.
Form J7~O Rev. 10/9/95
Page 1 of 5
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6/28/2011 Item 16.E.9.
3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of
Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous
condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14)
of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC
Section 9601 [14]), petroleum products, liquids or flammables shall be placed on, under, tmnsported across
or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company
or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should
create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72)
hours, at its sole cost and expense, correct such condition or situation; provided however that the Company
retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its
execntion hereof, Licensee hereby agrees to indemnifY and hold halmless Company from all loss, damage or
injnry resulting from Licensee's failure to comply with the provisions of this Agreement.
4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors
from using any tools, equipment, or machinery on the Lands capable of extending greater than foulteen (14)
feet above existing grade and further agrees that no dynamite or other explosives shall be used within the
Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided
herein, shall be made which will result in preventing Company access to its facilities located within said
Lands. Unless otherwise provided herein, Licensee agrees to maintain a forty (40) foot wide setback,
twenty (20) feet on each side, fi'OIn Company's facilities.
5. Trees, sh11lbs, and other foliage planted or to be planted upon the Lands by Licensee are not
to exceed, at maturity, a height of fourteen (14) feet above existing grade. Licensee hereby agrees to
maintain the height of all vegetation on the Lands at a height not to exceed fourteen (14) feet above existing
grade.
6. Outdoor lighting installed or to be installed npon the Lands by Licensee a.... not to exceed a
beight of fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be
of a non-metallic material.
7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be
constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed
fourteen (14) feet above existing grade and does not make contact with any Company's facilities.
Aboveground systems shall not be installed within or across Company patrol or finger roads and
underground systems crossing said patrol and finger roads are to be buried at a minimum dcpth of one (I)
foot below existing road grade.
8. Licensee agrees to wam its employees, agents, contractors and invitees ofthe fact that the
electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high
voltage electricity and agrees to use all safety and precautionary measures when working under or near
Company's facilities. Licensee hereby acknowledges the receipt and required execution of FOIln 360
"Exhibit C" prior to the commencement of construction within the Lands.
9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris.
Except as provided herein, Licensee fulther understands and agrees that certain uses of the Lands are
specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping,
and Licensee agrees to notifY its employees, agents, contractors, and invitees accordingly.
Form 3?~O Rev. 10/9/95
Page 2 of 5
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6/28/2011 Item 16.E.9.
10. The use of the Lands hy Licensee shall be at the sole risk and expense of Licensee, and
Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons
resulting from Company's use of the Lands for its purposes.
11. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company
for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands
and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the
Lands for Company to relocate, reaITange or change any of its facilities, to promptly reimburse Company
for all cost and expense involved with such relocation, rean'angement or change.
12. To the extent provided for in section 768.28, Florida Statutes, Licensee agrees it will
exercise its privileges herennder at its own sole risk and agrees to indemnifY and save hannless Company,
its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (bereinafter
refen'ed to as FPL Entities), from all liability, loss, cost, and expense, including attorneys' fees, which may
be sustained by FPL Entities to any person, natural or artificial, by reason of the deatb of or injury to any
person or damage to any property except those due to or caused by the negligence of FPL Entities, arising
out of or in connection with the herein described purposes by Licensee. its contractors, agents, or
employees; and Licensee agrees to defend at its sole cost and expense and at no cost and expense to FPL
Entities any and all suits or action instituted against FPL Entities, for the imposition of such liability, loss.
cost and expense.
13. Licensee is self insured for all liability claims and related expenses pursuant to the
provisions of Section I I 1.072 and 768.28, Florida Statutes.
14. This Agreement will become effective upon execution by Company and Licensee and will
remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement,
unless earlier terminated upon ninety ( 90 ) days written notice by Company to Liceusee, or at the option of
Company, immediately upon Licensee failing to compty with or to abide by any or all of the provisions
contained here Ln.
15. The nse granted herein as shown on Exhibit "B" shall be under construction by Licensee
within 3 years of the effective date of this Agreement and the construction shall be diligently pursued to
completion. Licensee shall give Company ten (l0) days prior written notice of its commencement of
constJuction. "Under construction" is the continuous physical activity of placing the foundation or
continuation of construction above the foundation of any structure or improvement permitted hereunder.
Under construction does not include application for or obtaining a building pennit, a site plan approval or
zoning approval from the appropriate local government agency having jurisdiction over tile activity,
purchasing construction materials, placing such construction matcrials on tile site, clearing or grading tbe
site (if pennilted) in anticipation of consouction, site surveying, landscaping work or reactivating
constmction after substantially all construction activity has remained stopped for a period of two (2) months
Or more. Licensee acknowledges that failure to have the use under consOuction within the one (1) year time
pcriod will result in immediate lennination of this Agreement in accordance with Paragraph 14 herein for
failing to comply with the provisions contained hcrein unless Licensor grants a written extension for a
mntually agreed upon time. Any reguest for an extension of time shall be submitted in writing by Licensee
no later than thirty (30) days prior to the expiration of the one (1) year period for the project to be under
construction.
16. The term "Licensee" shall be construed as embracing such number and gender as the
character of the party or parties require(s) and the obligations contained herein shall be absolute and primary
and shall be complete and binding as to each, including its successors and assigns. upon this Agreement
being executed by Licensee and subject to no ccnditions precedent or otherwise.
form 3740 Re.., 10/9/95
Page 3 of 5
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6/28/2011 Item 16.E.9.
17. Should any provision of this Agreement be detennil1ed by a court of competent jurisdiction
to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be
impaired, In the event of any litigation arising out of enforcement of tIlls Consent Agreement, the prevailing
party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees subject
to the limitations of liability established in Section 768.28, Florida Statutes.
18. Licensee may assign its rights and obligations under this Agreement to a solvent party upon
prior written consent ofthe company, which consent shall not be unreasonably withheld.
19.
Addendum.
This Agreement includes and is subject to the provisions described on the attached
The parties have executed this Agreement this
day of
,20_.
Witnesses: .~
0---- k n;--zY..-
Signature:
FLORIDA PO\YJ!iR & LIGH'P'.COMPANY
FV/ ;! / /-
By: / / /j,A I} ../
Its: West Area Real Estate ~er
Print Name: Mark L. Byers
(Acknowledgements Continued on Next Page)
form 3740 Rev. 10/9/95
Page 4 of 5
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6/28/2011 Item 16.E.9.
Approved and accepted for and behalf of Collier County, Florida, tlllS _ day of , 20_.
(Official Seal)
A TrEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
BY:
Deputy Clerk
BY:
FiC1.b w. Co "i L Eo I C. \-l AII<.M,q..J
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
BY: ~~)0~
Assistant Co ty Atton1ey
3""f."-'NlrL.e- <3.....::>""" \....~
Form 3J40 Rev. 10/9/95
Page 5 of 5
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6/28/2011 Item 16.E.9.
ADDENDUM
. Antenna is limited to a maximmn height of fOUlteen (J 4) feet above existing groUlld grade.
. During installation, as well as future maintenance, of the antenna, all OHSA and NESC
regulations must be adhered to relative to safe working distances to energized conductors,
. Prior to installation, Licensee must schedule a Safety Six meeting for all construction personnel
working on tbe project. Please contact Scott Brewer at (941) 650-9297 to schedule the meeting.
. Locates must be called before any trenching across the Lands.
. All fences and gates within the Lands must be grounded.
Form 3140 Rev, 10/9/95
Page 6 of 5
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6/28/2011 Item 16.E.9.
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EXHIBlT;tj
f!+GC / ",I" ;).
COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNl'I, FLORIDA; THENCEALDNGTHE EASTlINE OF SECTION 3, SDUTH01'l7'14' EAST. A DISTANCE OF
'347.52 FEETTO A POiNT ON THE NORTH LINE OF CALUSA BAY SOUTH AS DESCRIBED IN THE PUBLIC
RECORDS OF COLLIER COUNl'I, FLORIDA.IN O.R BODK 2264. PAGE 200; THENCE, ALONG THE SAID NORTH
LINE SOUTH B9'5~15' WEST, THE DISTANCE OF 1090.46 FEET CROSSING A 100 FOOT WIDE FLORIDA POWER &
LIGHT COMPANY EASEMENT AND A 15 FOOT WIDE COUNTY RIGHT-OF-WAY EASEMENT FILED IN THE PUBLIC
RECORDS OF COLLIER COUNTY IN O.R. BDOK 957, PAGE 1384 TO A POINT ON THE EASTERLY RlGHT.OF.WAY
LINE OF GOOOLETTE - FRANK ROAD PER PLAT BOOK 13, PAGE 58; THENCE, ALONG THE SAME AND ALONG THE
WESTERLY LINE OF THE AFORESAID 10~ WIDE FLORIDA POWER & LIGHT COMPANY EASEMENT AND THE 15
FOOT WIDE COUNTY RIGHT.OF-WAY EASEMENT, SOUTH 07"06'13" WEST, THE DISTANCE OF 652.96 FEET;
THENCE. LEAVING THE SAID LINE OF GOODLETTE - FRANK ROAD AND CROSSING THE 15 FOOT WIDE COUNTY
RIGHT-OF-WAY EASEMENT. SOUTH B2'63'47" EAST, THE DISTANCE OF 15.00 FEET TC A POINT ON THE
EASTERLY LINE THEREOF TO THE POINT OF BEGINNING AND RUNNING;
THENCE; FROM THE SAID POINT OF BEGINNiNG AND EXTENDING CVER THE lANDS OF CALUSA BAY SOUTH
AND THE 100 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT (AFOREMENTIONED). THE
FOLLOWING (11) ELEVEN COURSES AND DISTANCES;
(1) SOUTH B2'53'47' EAST, THE DISTANCE OF 30.50 FEET; THENCE
(2) SOUTH 84'Ol'12'EAST, THE DISTANCE OF 16.04 FEET: THENCE
(3) NORTH BS'2S19'EAST. THE DISTANCE OF 10.00 FEET; THENCE
(4) SOUTH OO'34'41'EAST, THE DISTANCE OF 10,00 FEET; THENCE
(5) SOUTH B9'25'19'WEST, THE DISTANCE OF 10.00 FEET; THENCE
(61 NORTH OO'34'41'WEST. THE DISTANCE OF 4.97 FEET; THENCE
(7) NORTH 8tl801'12"'NEST, THE DISTANCE DF 16.72 FEET; THl:;NCE
(B) SOUTH 07'06'13'WEST. THE DISTANCE OF 5T.61 FE.ETTO A POINT ON A CURVE ON THE NORTHERLY LINE OF
AN INGRESS-EGRESS UTILITY ~ DRAINAGE EASEMENT FIL;;D IN THE PUBLIC R;;CORDS OF COLLIER COUNTY IN
OR. BOOK 2315, PAGE 0620; THENCE
{9)ALONG THE SAME AND T~E ARC OF A CIRCLE CURV1NG TO THE LEFT. CONCAVE TO THE SOoTH. HAVING A
RADIUS OF 122.00 FEET, AN ARC LENGTH OF ~3.04 FEET, HAVING A CHORD BEARING NDRTH 79.50'(}6" WEST
AND A CHORD DISTANCe: OF 13.D3 FEET TO A POINT OF TANGENT; THENCE
(101 STIlL ALONG THE SN~E. NORHI62'53'47' WEST, THE DISTANCE OF 17.49 FE!:T TOA POINT ON THE
EASTERLY LINE OF THE PREVIOUSLY MENTIONED 15 FOOT WIDE COUNTY R!GHT-OF-WAY EASEMENT; THENCE:
{111 ALONG THE SAME. NORTH orOO'13' EAST, THE DISTANCE OF 61.12 FEET TO THE pOlin AND PLACE OF
BEGINNING.
CONTAINING 2073.5 SQUARE FEET CF lAND, SUBJECT TO EASEMENTS AND RESTRI:TIONS OF RECORD.
BEARINGS ARE BASEO ON THE EAST LINE OF SECTION 3,
",
COLLIER COUNT{ '"
Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North HOrliOllhoe Drive, Naples Florida 34104
Phone: 2:19-7.52-6P.RS Fllx 239-252-6476
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Engineering Service Dept. Growth Management Division
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2800 North Horseshoe Drive, Naples Florida 34 t04
Phon" 239-252-6B85 Fax 239-252-6476
Date:
Project No:
2011005
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COLLIER COUNTY
Engineering Service Depl. Growth Management Division
Planning and Regulation
2800 North Horseshoe Drive, NllplcA Florid.a .:;4104
Phon.: 239.252.6885 Fax 239-252-6476
PrOJoctNo: F 0 NQ: SC
07-16-2010
CALUSA BAY
1": 20' .
Packet Page -1413-
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6/28/2011 Item 16.E.9.
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I=PL.
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NOTIFICATION OF FPL FACILITIES
Customer/Agency Date of Meeting/Contact
Developer/Contractor Name Project Number/Name:
Localion of Project City:
FPL Representative Phone:
Developer/Contractor Representative FPL WDl1< Requesl #IWork Order #:
FPL calls your attenllon to Ihe facl lIlat there may be energized, high voltage eleeme lines, both overhead and underglOund, localed in the area of this project. It is
imperative that you visually SUN8Y lhe area and that you also take the necessary steps to Identify all overhead and underground faclflties prior to commencIng
construcllor1 \0 determine whether [he construcllOll of any proposed Improvements will bring any person, 1001, machinery, equipment or object closer to FPl's
powe; lines than the OSHA..prescribed Iimi!s. If II will, you :nust either re.deslgn yo:x project to allow ilia be buflt safely given the pre-existing power !lna location,
or make arrangements with FPL to either deenerglze and ground our facilities, Of relocate them, possibly at your expense. You must do this before allowing any
construction near the power lines. It is impossible tor FPL to know or predict whether or no! the contraclors or subcontractors, a,d their employees, wjll operate
or use cranes, digging apparatus or otner mobile equipment, or handle materials or 10015, in dangerous proximity to such power lines during the course of
consfruction, and, it so, when and where. Therefore, if It becomes necessary for any contractor or subcontractor, or their employees, to operate or handle cranes,
digging apparatus, draglines, moblle equipment, or any other equIpment, tools or materials in such a manner that they might come closer te underground or
overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL In writing of such
planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry oul the work In a safe manner. Any work
In th! vicinity of the electric lines should be suspended unUl these arrangements are finalized and implemented.
The National Electrical Safety Code ("NESC') prescribes minimum dearances tha1 must be maintained. )f you build your structure so that those clearances cannot
be maIntained, you may be required \0 compensa!e FPl for the relo::alion of our facilities to comply with those clearances. As such, you should contact FPL prior
to commencing construction near pre-existlng underground or overhead pOVl'ef lines to make sure that your proposed Improvement does not impinge upon the
NESC clearances.
I! is your responsibility and the responsibility of your contractors and subcontractors on this project 10 diligently fulfill the following obligatlons:
1. Make absolute,'y certain that all persons responsible for operating or handling cranes, digging apparatus, dragiines, mobile equipment or any
equipment, tool, or malerlal capable of contacting a power line, are in compliance with al! applicable state and federal regulations, including but
not limited to U.S. Department of Labor OSHA ReguJalio,1s, while performing their work.
2. Make sure that all cranes, digging apparatus, draglines, mobile equipment, and all other equipment or malerials capable of contacting a
power line have allached to them any warning signs required by U.S. Department of Labor OSHA Regulations.
3. Post and maIntaIn proper warning signs and advise all employees, new and old alike, of the:r obligation to keep themselves, their IDOls,
materials and equipment away from power lines per the fOllowing OSHA minimum approach distances (refer to OSHA regulations for reslrlctions):
.Power Line VoHaoes Personnel anJtEovioment Cranes and Derricks nEauiDment Crane & Derrick Travel under or near Power Lines
(-29 CFR 1910.333 and 1926.600) (29 CFR 1926,1407. 1408) (29 CFR 1926.600 - EquipmenO (1926.1411- Cranes and Derricks)
0- 750 volts 10 Feel 10 Feel Heel 4 Feet
751-50,000volls 10 Feet ,0 Feet Heel 6Feel
69,000volls II Feel 15 Feet 10 Feel 10 Feel
115.000volls 13 Feel 15 Feet 10 Feel 10 Feel
138,000 volfs 13 Feet 15 Feet 10 Feet 10 Feet
230.000 volls 16 Feet 20 Feel 10 Feel 10 Feel
500,000 volts 25 Feet 25 Feet 16 Feet 16 Feel
*When uncertaIn of tne voltage, maintain a distance of 20 feet for voltages up to 350,000 volts and 50 reel for voltages greater than 350,000
volts.
"an Construction Siles, with no load.
....For personrlel approad1ing insulated sacondary conductors less lhan 750 volls, avoid conlacl
4, All eXC3vatClrs are required to contact the Sunshine State One Call of Florida, pnone number 1-800-432-4770 or 811 a minimum of two working days
(excluding weekends) in advance of cormnencemenl of excavation to ensure facilities are located accurately.
5. Conduct all locations and excava!lons in accordance with the Florida Statu1e 556 of the Underground FacHilles Damage Prevention & Salety Act and all
local city and county ordinances tnat may apply,
6. When an excavation Is to take place within a tolerance zone, an excavator shall use incre3sed caulbn 10 protect underground facilities.
The protection requires hand digging, pot holing, soft digging, vacuum methods, or similar procedures to identify underground facilities.
A copy of this notHica!ion must be provided by you to each contractor and subcontractor on this project, to be shared with their supervrsion and employees prior to
commencing work on lhis project,
Meens by which this notifjca~on was provided to customer and/or contraclor
Address
FPl Representative Signature
Dale
Customer/Developer/Contractor Representalive Signature
Date
FOfm360Rev.lt108/10
Packet Page -1415-
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6/28/2011 Item 16.E.9.
This Instrument Prepared By:
Mark Byers CRElAOW
Florida Power & Light Company
P.O. BOX 1119
Sarasota, FL 34230
THIS SPACE RESERVED FOR RECORDING
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this
_ day of ,20_, by and between COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida, acting by and through its Board of County Commissioners,
the governing body thereof (hereinafter refen.ed to as "Licensee"), and FLORIDA POWER &
LIGHT COMP ANY, a Florida corporation (hereinafter referred to as "Company"),
WITNESSETH:
WHEREAS, on the _ day of , 20_ 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 CoIlier, 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 refen'ed to as the "Lands", and
WHEREAS, the parties are desirous of placing their interest therein as a matter of
public record.
NOW TI-IEREFORE, in consideration of the mutual covenants herein contained and
the parties intending to be legally bound thereby, the paliies hereto agree as fDllows:
1. The property described in Exhibit "A" is subject tD a right-Df-way in favor of
Company recorded in Book 30, at Page 27, ofthc Public Records of Collier County, Florida.
2. The Agreement provides, among other things, Licensee's right to construct
and maintain celiain improvements upon the Lands including, but not limited to constructiDn,
installation, operation and maintenance of a telemetry antenna, subject to certain conditions and
restrictions.
3. The Agreement is assignable to purchasers of all Dr a portion of the Lands
provided that the purchasers assume the obligations under the Agreement and specifically
acknowledge and agree 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 telms of the Agreement.
Packet Page -1416-
6/28/2011 Item 16.E.9.
IN WITNESS \\THEREOF, the parties have executed this Memorandum of Agreement
on the date hereinabove written.
Witnesses:
Company:
FLORIDA POWER & LIGHT COMPANY
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Its: West Area Real Estate Mager
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Pnnt Name: Mark Byers
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Signature ,I /
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Name (P;:in ): .
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Name (Print):
State of Florida )
)ss:
County of Sarasota )
On this 9 ft day of, I <-.J0E: , 20 J.t., before me, the undersigned Notary Public,
personally appeared Mark Byers, West Area Real Estate Manager, of Florida Power & Light
Company, a Florida corporation, personally Imown 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.
(seal)
In Witness Whereof, I hereunto set my hand and official seal.
cY-. \U,. \~
NOTARY PUBLIC, STATE OF FLORIDA
Print Name: (CoSt:.- 1v/rV.-1 E tJ ovrb-.
Commission No.:
.,{,ju~.. ROSEMARIENOVAK
#~~' . f.~~ MY COWAJSSlON t EE 030265
'. rirl EXPIRES: DllCember 8, 2014
" ',,*;.t~..,' BOOOlIlI Thru Notary Public Underwr~eJ'
My Commission Exp
(Acknowledgements Continued on Next Page)
Packet Page -1417-
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
Deputy Clerk
6/28/2011 Item 16.E.9.
BOARD OF COUN1Y COMMISSIONERS
BY:
F~~D
W. c".,!.. E..
APPROVED AS TO LEGAL FORM
,
BY: ~-b~~)0-C.0-
Collier County Attorneys Office
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Packet Page -1418-
[Q)1E~<<:;~~~1O(QI1NI
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COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COlliER
COUNiY, FLORID"- THENCE ALONG THE EAST LINE OF SECTION 3. SOUTH 01'1r14' EAST. A D/STANC: OF
1347.52 FEETTO A POINT ON THE NORTH LINE OF CALUSA BAY SOUTH AS DESCRIBED IN THE PUBLIC
RECORDS OF COLLIER COUNiY. FLORIDA.IN O.R BODK 2264, PAGE ZOO; THENCE, ALONG THE SAID NORTH
LINE SOUTH B9'60'15' WEST, THE DISTANCE OF 1090.46 FEET CROSSING A 100 FOOT WIDE FLORIDA POWER &
LIGHT COMPANY EASEMENT AND A 15 FDOT WIDE COUNTY RIGHT-oF.WAY EASEMENT FILED IN THE PU6l1C
RECORDS OF COLLIER COUNTY IN O.R. BOOK 95T, PAGE 1364 TO A POINT ON THE EASTERLY RIGHT.OF.WAY
LINE OF GOODLETTE. FRANK ROAD PER PLAT BOOK 13. PAGE 58; THENCE, ALONG THE SAME AND AlOND THE
WESTERLY LINE OF THE AFCRESAID 100' \\1DE FLORIDA POWER & LIGHT COMPANY EASEMENT AND THE 15
FOOT \\1DE COuNTY RIGHT.OF-WAY EASEMENT, SOUTH 07'06'13' WEST, THE DISTANCE OF 662.96 FEET;
THENCE, LEAVING THE SAID LINE OF GOODLETTE ,fRANK ROAD AND CROSSING THE 16 FOOT WIDE COUNTY
RIGHT.OF.WAY EASEMENT, SOUTH 82'53'47" EAST, THE DISTANCE OF 15.00 FEET TO A POINT DN THE
EASTERLY LINE THEREDF TO THE POINT DF BEGINNING AND RUNNING;
THENCE; FROM THE SAID POINT OF BEGINNING AND EXTEND/NG OVER THE LANDS OF CALUSA BAY SOUTH
AND THE 100 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT (AFOREMENTIONED), THE
FOLLO\\1NG 111) ELEVEN COURSES AND DISTANCES;
(1) SOUTH 82'53'47' EAST, THE DISTANCE OF 30.50 FEET; 111ENCE
(2) SOUTH 84'01'12'EAST.111E DISTANCE OF 16.04 FEET; THENCE
(3) NORTH 89'25'WEAST, THE DISTANCE DF 10.00 FEET; THENCE
(4) SOUTH 00'34'4 I 'EAST, THE DISTANCE OF 10.00 FEET; T~ENCE
(5) SOUTH 89'25'19'WEST. THE DISTANCE OF 10.00 FEET; THENCE
(6) NORTH 00'34'4 I 'WEST, THE DiSTANCE OF 4.91 FEET; THENCE
(T) NDRTH 64'Ol'12"WEST, THE DISTANCE Of 15.72 FEET; THENCE
(6) SOUTH 07'06'13'WEST. THE DISTANCE OF 51.61 FEE7 TO A POINT ON A CURVE ON THE NORTHERLY LINE OF
AN INGRESS-EGRESS UTILITY & DRAINAGE F.ASEMENT FILED IN THE PUBliC RECDRDS OF COLLIER COUNTY /N
O.R, BOOK 2315, PAGE 0620; THENCE
19) ALONG 111E SAME AND THE ARC OF ACIRGLE CURVING TO THE LEF" CONCAVE TO THE SOUTH. HAVING A
RADIUS OF 122.00 FEET, AN ARC LENGTH OF 13.04 F=ET, HAVING A CHORD BEARING NORTH 79-50'06" WEST
AND ACHORD DISTANCE OF 1303 FEET TO A POINT OF TANGENT; THENCE
(10) STILL AlONG THE SAME, NORTH 82'53'47' WEST.111E DISTANCE OF 17.49 FEETTOA POINT ON THE
EASTERLY LINE OF THE PREVIOUSLY MENTIONED 16 FOOT WID: COUNTY RIGHT.Of.WAY EASEMENT; THENCE;
(11)ALONG THE SAME, NORTH 07'0€'13" EAST, THE DISTANCE OF61.92 FEET TO 111E POINT AND PLACE OF
BEGINNING.
CONTAINING 2073.5 SQUARE FEET OF LAND. SUBJECTTO EASEMENTS AND RESTRICTIONS DF RECORD.
BEARINGS ARE BASED ON THE EAST LINE OF SECTION 3.
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COLLIER COUNTY
Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North HOf8C1shoe Drive, Naples Florida 34104
Phone: 23Q-2.'i,;?-6885 Fa:>;: 139-.2526475
Dille: Project No: File No: SCALE;
03/28/2011
2011005
CALUSA BAY
1";:;; 20'
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6/28/2011 Item 16.E.9.
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CALUSA BAY SOUTH
A CONDOMINIUM O.R. BOOK 2264. Po. 200
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MASTI:R ASSOCIATION, INC,
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EAS~MENT
a.lt BOOK ~57, PAGE 13!l4
GRAPHIC SCALE
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COLLIER COUNTY
Engineering Service Dept. Gro'Nlh Management DivisiOn
Planning and Regulation
2800 North HOnleRbo~ Drive, Nllple.s Floridll34104
Phone: 239.252-6885 Fax 2l9-252-6476
Date;
Project No:
2011005
03/28/2011
FiloNo:
SCALE:
1" = 20'
CALUSA BAY
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