FDOT Subordination of Utility Interests 23-UTL. 02-05/09
Date: March 25, 2020
This instrument prepared F. P. NO. 4258432
under the direction of: PARCEL 100 . 4
Angela D. Tucker, Chief Counsel SECTION 03175-000
Post Office Box 1249 STATE ROAD 93 (I-75)
City: Bartow, Florida 33831-1249 COUNTY Collier
Department of Transportation
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of ,
20 , by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDOT, whose post office
address is : Post Office Box 1249, Bartow, Florida 33831-1249
and 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,
Utility Agency Organization, hereinafter called the Utility.
WITNESSET H:
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 FDOT; and
WHEREAS, the FDOT is willing to pay to have the Utility' s
facilities relocated if necessary to prevent conflict between
the facilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants
and promises of the parties hereto, Utility and FDOT agree as
follows :
Utility hereby subordinates to the interest of FDOT, its
successors, or assigns, any and all of its interest in the lands
as follows, viz :
SEE EXHIBIT "A"
Page 1 of 6 for Parcel 100 . 4
RECORDED
DATE FROM TO O.R.
INSTRUMENT BOOK/PAGE
Utility 03-20-06 Randall Benderson Board of County OR 4013
Easement and David H. Commissioners PG 123
Baldauf, as of Collier
Trustees under a County,
Trust Agreement Florida, as the
dated December Governing Body
29, 1995, known of Collier
as the Ronald County and as
Benderson 1995 Ex-Officio the
Trust, and WR-I Governing Board
Associates, Ltd. , of the Collier
a Florida limited County Water-
partnership Sewer District
PROVIDED that the Utility has the following rights :
1 . The Utility 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 FDOT' s current minimum standards
for such facilities as required by the FDOT Utility
Accommodation Manual in effect at the time the agreement
is executed. Any new construction or relocation of
facilities within the lands will be subject to prior
approval by the FDOT. Should the FDOT fail to approve any
new construction or relocation of facilities by the
Utility or require the Utility to alter, adjust, or
relocate its facilities located within said lands, the
FDOT hereby agrees to pay the cost of such alteration,
adjustment, or relocation, including, but not limited to
the cost of acquiring appropriate easements .
2 . Notwithstanding any provisions set forth herein, the terms
of the utility permits shall supersede any contrary
provisions, with the exception of the
provision herein with reimbursement rights .
3 . The Utility shall have a reasonable right to enter upon
the lands described herein for the purposes outlined in
Paragraph 1 above, including the right to trim 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 .
4 . The Utility agrees to repair any damage to FDOT facilities
and to indemnify the FDOT against any loss or damage
Page 2 of 6 for Parcel 100 . 4
Od
resulting from the Utility exercising its rights outlined
in Paragraphs 1 and 3 above .
Page 3 of 6 for Parcel 100 . 4
•
c;4
IN WITNESS WHEREOF, the FDOT hereto has executed this
agreement on the day and year first above written.
Executed in our presence STATE OF FLORIDA
as witnesses : DEPARTMENT OF
TRANSPORTATION
By:
Signature District Secretary/Designee
for District One
Print/Type Name
Legal Review:
Signature
Print/Type Name
Department Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by
means of physical presence or online notarization, this
day of , 20 by ,
District Secretary/Designee for District One. He is personally
known to me or has produced
as identification.
(Affix Seal/Stamp here) Notary Signature:
Printed Name:
Notary Public in and for
the County and State
last aforesaid.
My Commission Expires :
Serial No. :
Page 4 of 6 for Parcel 100 . 4
IN WITNESS WHEREOF, the County has caused these presents to
be executed in its name by its Board of County Commissioners
acting 12,ynplChairperson or Vice-Chairperson of said Board, the
day ands`year• a 'bxesaid.
P r
; 1.
ATTEb�I'I'�. " (70///tc County,
��t �Ch ma ' Florida,
A4; . By Its Board of County
NA ITOPterfejrNel Commi ioners
Print/T. S e
Clerk (or Deputy Clerk) Signature
gel,// • cS1/17 ers
Print/Type Name
Its Chairperson
(or Vice-Chairperson)
Grantor (s) ' Mailing Address :
oNeV 7z)n y
3335 /ate/ i/�.) /
//?p/es /Z 39//2
Approved as to form and legality
.•istant County to ney
1Z10.02 °aa
Page 5 of 6 for Parcel 100 . 4
(%)
FP. NO. 4258432
SECTION 03175-000
PARCEL 100
RIGHT OF WAY
That portion of Lot 5, Market Center, a Replat of a Portion of
Gator Gate, Plat Book 7, Page 2 and a Portion of Gator Gate Unit
2, Plat Book 7, Page 54 and a Subdivision of a Portion of the
Northeast 1/4 of Section 3, Township 50 South, Range 26 East, as
per plat thereof recorded in Plat Book 41, Page 60, Public
Records of Collier County, Florida.
Being described as follows :
Commence at the northeast corner of the northeast 1/4 of said
Section 3, said point being on the survey base line of State
Road 951, also known as Collier Blvd. ; thence along the east
line of said northeast 1/4 and said survey base line South
00°50' 27" West a distance of 1, 608 . 23 feet; thence South
89°20' 11" West a distance of 101 . 11 feet to the intersection
with the west existing right of way line of said State Road 951
(per Section 03510-2602) and the southeast corner of said Lot 5
for a POINT OF BEGINNING; thence along the south line of said
Lot 5, continue South 89°20' 11" West a distance of 22 . 22 feet;
thence North 01°34' 46" East a distance of 229 . 10 feet; thence
North 44°45' 47" West a distance of 7 . 52 feet to the south right
of way line of Business Circle also known as Business Circle
North [Tract R-1 (per said plat) ] and the north line of said Lot
5 and the beginning of a curve having a radius of 25 . 00 feet;
thence along said south existing right of way line and said
north line the arc of said curve to the right a distance of
39 . 97 feet through a central angle of 91°36' 17" with a chord
bearing South 44°57' 41" East to said west existing right of way
line of State Road 951 and to the end of said curve; thence
along said west existing right of way line South 00°50' 27" West
a distance of 193 . 07 feet; thence continue along said west
existing right of way line South 04°45' 27" West a distance of
15 . 73 feet to the POINT OF BEGINNING.
Containing 4, 967 square feet.
Legal Description Approved by:
Richard M. "Mike" Benton, P. S .M. #6447
On August 22, 2018
EXHIBIT "A"
Page6 of 6 for Parcel 100 . 4
23-UTL. 02-05/09
Date : October 9, 2018
This instrument prepared F. P. NO. 4258432
under the direction of: PARCEL 101 . 4
Angela D. Tucker, Chief Counsel SECTION 03175-000
Post Office Box 1249 STATE ROAD 93 (I-75)
City: Bartow, Florida 33831-1249 COUNTY Collier
Department of Transportation
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of ,
20 , by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDOT, whose post office
address is : Post Office Box 1249, Bartow, Florida 33831-1249
and 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,
Utility Agency Organization, hereinafter called the Utility.
WITNESSET H:
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 FDOT; and
WHEREAS, the FDOT is willing to pay to have the Utility' s
facilities relocated if necessary to prevent conflict between
the facilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants
and promises of the parties hereto, Utility and FDOT agree as
follows :
Utility hereby subordinates to the interest of FDOT, its
successors, or assigns, any and all of its interest in the lands
as follows, viz :
SEE EXHIBIT "A"
Page 1 of 7 for Parcel 101 . 4
RECORDED
DATE FROM TO O.R.
INSTRUMENT BOOK/PAGE
Utility 03-20-06 Randall Benderson Board of County OR 4013
Easement and David H. Commissioners PG 123
Baldauf, as of Collier
Trustees under a County,
Trust Agreement Florida, as the
dated December Governing Body
29, 1995, known of Collier
as the Ronald County and as
Benderson 1995 Ex-Officio the
Trust, and WR-I Governing Board
Associates, Ltd. , of the Collier
a Florida limited County Water-
partnership Sewer District
PROVIDED that the Utility has the following rights :
1 . The Utility 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 FDOT' s current
minimum standards for such facilities as required by
the FDOT Utility Accommodation Manual in effect at the
time the agreement is executed. Any new construction
or relocation of facilities within the lands will be
subject to prior approval by the FDOT. Should the
FDOT fail to approve any new construction or
relocation of facilities by the Utility or require the
Utility to alter, adjust, or relocate its facilities
located within said lands, the FDOT hereby agrees to
pay the cost of such alteration, adjustment, or
relocation, including, but not limited to the cost of
acquiring appropriate easements .
2 . Notwithstanding any provisions set forth herein, the
terms of the utility permits shall supersede any
contrary provisions, with the exception of the
provision herein with reimbursement rights .
3 . The Utility shall have a reasonable right to enter
upon the lands described herein for the purposes
outlined in Paragraph 1 above, including the right to
trim 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 .
4 . The Utility agrees to repair any damage to FDOT
facilities and to indemnify the FDOT against any loss
,•ti
•
Page 2 of 7 for Parcel 101 . 4
or damage resulting from the Utility exercising its
rights outlined in Paragraphs 1 and 3 above.
Page 3 of 7 for Parcel 101 . 4
IN WITNESS WHEREOF, the FDOT hereto has executed this
agreement on the day and year first above written.
Executed in our presence STATE OF FLORIDA
as witnesses : DEPARTMENT OF
TRANSPORTATION
By:
Signature District Secretary/Designee
for District One
Print/Type Name
Legal Review:
Signature
Print/Type Name
Department Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by
means of physical presence or online notarization, this
day of , 20 by
District Secretary/Designee for District One . He is personally
known to me or has produced
as identification.
(Affix Seal/Stamp here) Notary Signature:
Printed Name:
Notary Public in and for
the County and State
last aforesaid.
My Commission Expires :
Serial No. :
Page 4 of 7 for Parcel 101 . 4
IN WITNESS WHEREOF, the County has caused these presents to
be executed in its name by its Board of County Commissioners
acting by the Chairperson or Vice-Chairperson of said Board, the
day and year aforesaid.
ATTEST: , , , :: ���ri County,
S ;gr t o ` : Florida,
II@staS'tO, s : s an By Its Board of County
' Commi Toners
Print/Type NamtJ ../o/
Clerk (or pepiity Clerk) Signature
tir, Z. - Under,S
Print/Type Name
Its Chairperson
(or Vice-Chairperson)
Grantor (s)'M�Mailing Address :
/// , t.. -4
333S�r��grst y i/i.) 94/
My/es. , 2 3l/�
Approved as to form and legality
:istant County A -my
Page 5 of 7 for Parcel 101 . 4
V ki
FP. NO. 4258432
SECTION 03175-000
PARCEL 101
LIMITED ACCESS RIGHT OF WAY
A) That portion of Lot 6, Market Center, a Replat of a Portion
of Gator Gate, Plat Book 7, Page 2 and a Portion of Gator Gate
Unit 2, Plat Book 7, Page 54 and a Subdivision of a Portion of
the Northeast 1/4 of Section 3, Township 50 South, Range 26
East, as per plat thereof recorded in Plat Book 41, Page 60,
Public Records of Collier County, Florida.
Being described as follows :
Commence at the northeast corner of the northeast 1/4 of said
Section 3, said point being on the survey base line of State
Road 951, also known as Collier Blvd. ; thence along the east
line of said northeast 1/4 and said survey base line South
00°50' 27" West a distance of 950 . 05 feet; thence North 89°42' 59"
West a distance of 100 . 00 feet to an intersection with the west
existing right of way line of said State Road 951 (per Section
03510-2602) and the northeast corner of said Lot 6, for a POINT
OF BEGINNING; thence along said west existing right of way line
and the east line of said Lot 6, South 00°50' 27" West a distance
of 329 . 05 feet to the north existing right of way line of
Business Circle also known as Business Circle North [Tract R-1
(per said plat) ] and the south line of said Lot 6 and to the
beginning of a curve having a radius of 25 . 00 feet; thence along
said north existing right of way line and said south line the
arc of said curve to the right a distance of 8 . 59 feet through a
central angle of 19°40' 44" with a chord bearing South 10°40' 49"
West to the end of said curve; thence North 01°10' 32" West a
distance of 95 . 73 feet to the beginning of a curve having a
radius of 9, 552 . 25 feet; thence along the arc of said curve to
the right a distance of 241 . 77 feet through a central angle of
01°27' Ol" with a chord bearing North 00°27' Ol" West to the north
line of said Lot 6 and to the end of said curve; thence along
said north line South 89°42' 59" East a distance of 10 . 28 feet to
the POINT OF BEGINNING.
Containing 2, 247 square feet.
Together with all rights of ingress, egress, light, air, and
view between the grantor' s remaining property, if any, and any
facility constructed on the above described property.
ALSO
EXHIBIT "A"
Page6 of 7 for Parcel 101 . 4
RIGHT OF WAY
B) That portion of Lot 6, Market Center, a Replat of a Portion
of Gator Gate, Plat Book 7, Page 2 and a Portion of Gator Gate
Unit 2, Plat Book 7, Page 54 and a Subdivision of a Portion of
the Northeast 1/4 of Section 3, Township 50 South, Range 26
East, as per plat thereof recorded in Plat Book 41, Page 60,
Public Records of Collier County, Florida.
Being described as follows :
Commence at the northeast corner of the northeast 1/4 of said
Section 3, said point being on the survey base line of State
Road 951, also known as Collier Blvd. ; thence along the east
line of said northeast 1/4 and said survey base line South
00°50' 27" West a distance of 950 . 05 feet; thence North 89°42' 59"
West a distance of 110 .28 feet to a point on the north line of
said Lot 6 and to the beginning of a curve having a radius of
9, 552 . 25 feet for a POINT OF BEGINNING; thence along the arc of
said curve to the left a distance of 241 . 77 feet through a
central angle of 01°27' O1" with a chord bearing South 00°27' O1"
East to the end of said curve; thence South 01°10' 32" East a
distance of 95 . 73 feet to the north existing right of way line
of Business Circle also known as Business Circle North [Tract R-
1 (per said plat) ] and to the south line of said Lot 6 and the
beginning of a curve having a radius of 25 . 00 feet; thence along
said north existing right of way line and said south line the
arc of said curve to the right a distance of 27 .22 feet through
a central angle of 62°23' 15" with a chord bearing South
51°42' 48" West to the end of said curve; thence North 51°25' 59"
East a distance of 3 . 50 feet; thence North 01°34' 46" East a
distance of 53 . 62 feet; thence North 01°10' 32" West a distance
of 55 . 67 feet to the beginning of a curve having a radius of
9, 567 . 54 feet; thence along the arc of said curve to the right a
distance of 242 . 16 feet through a central angle of 01°27' O1"
with a chord bearing North 00°27' O1" West to said north line of
Lot 6 and to the end of said curve; thence along said north line
South 89°42' 59" East a distance of 15 . 29 feet to the POINT OF
BEGINNING.
Containing 5, 383 square feet.
Legal Description Approved by:
Richard M. "Mike" Benton, P. S .M. #6447
On October 9, 2018
EXHIBIT "A"
Page7 of 7 for Parcel 101 . 4
23-UTL. 02-05/09
Date: March 25, 2020
This instrument prepared F. P. NO. 4258432
under the direction of: PARCEL 104 . 2
Angela D. Tucker, Chief Counsel SECTION 03175-000
Post Office Box 1249 STATE ROAD 93 (I-75)
City: Bartow, Florida 33831-1249 COUNTY Collier
Department of Transportation
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of
20 , by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDOT, whose post office
address is : Post Office Box 1249, Bartow, Florida 33831-1249
and 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,
Utility Agency Organization, hereinafter called the Utility.
WITNESSET H:
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 FDOT; and
WHEREAS, the FDOT is willing to pay to have the Utility' s
facilities relocated if necessary to prevent conflict between
the facilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants
and promises of the parties hereto, Utility and FDOT agree as
follows :
Utility hereby subordinates to the interest of FDOT, its
successors, or assigns, any and all of its interest in the lands
as follows, viz :
SEE EXHIBIT "A"
Page 1 of 7 for Parcel 104 . 2
RECORDED
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
Utility 03-20-06 Victoria Estates, Ltd. , a Board of OR 4013
Easement Florida limited County PG 81
partnership; Walden Avenue- Commissioners
Blend-All Hotel of Collier
Development, Inc. , a New County,
York corporation; Ranger-1, Florida as
L.L.C. , a Florida limited the governing
liability company; RB-3 body of
Assocaties, a New York Collier
general partnership; County and as
Randall Benderson, Ronald ex-officio
Bendersona and David H. the governing
Baldauf as trustees under a board of the
trust agreement dated Collier
October 14, 1985, known as County Water-
the Benderson 85-1 Trust; Sewer
Buffalo-Greenbriar District
Associates, LLC, a New York
limited liability company;
and Ronald Benderson and
David H. Baldauf as
Trustees under a Trust
Agreement dated September
22, 1993, known as the
Randall Benderson 1993-1
Trust; Randall Benderson
and David H. Haldauf,
Trustees under a Trust
Agreement dated December
29, 1995, known as the
Ronald Benderson 1995
Trust; and WR-1 Associates,
Ltd. , a Florida limited
partnership
Deed of 03-13-08 Davis Crossings, LLC; Davis Board of OR 4546
Utility Crossings II, LLC; Davis County PG 928
Easement Crossings III, LLC; Davis Commissioners
Crossings IV, LLC; Davis of Collier
Crossings V, LLC; Davis County,
Crossings VI, LLC; Davis Florida as
Crossings VII, LLC; Davis the governing
Crossings VIII, LLC, each a body of
Florida limited liability Collier
company County and as
ex-officio
the governing
board of the
Collier
County Water-
Sewer
District
Page 2 of 7 for Parcel 104 . 2
PROVIDED that the Utility has the following rights :
1 . The Utility 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 FDOT ' s current
minimum standards for such facilities as required by
the FDOT Utility Accommodation Manual in effect at the
time the agreement is executed. Any new construction
or relocation of facilities within the lands will be
subject to prior approval by the FDOT. Should the
FDOT fail to approve any new construction or
relocation of facilities by the Utility or require the
Utility to alter, adjust, or relocate its facilities
located within said lands, the FDOT hereby agrees to
pay the cost of such alteration, adjustment, or
relocation, including, but not limited to the cost of
acquiring appropriate easements .
2 . Notwithstanding any provisions set forth herein, the
terms of the utility permits shall supersede any
contrary provisions, with the exception of the
provision herein with reimbursement rights .
3 . The Utility shall have a reasonable right to enter
upon the lands described herein for the purposes
outlined in Paragraph 1 above, including the right to
trim 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 .
4 . The Utility agrees to repair any damage to FDOT
facilities and to indemnify the FDOT against any loss
or damage resulting from the Utility exercising its
rights outlined in Paragraphs 1 and 3 above.
Page 3 of 7 for Parcel 104 . 2
IN WITNESS WHEREOF, the FDOT hereto has executed this
agreement on the day and year first above written.
Executed in our presence STATE OF FLORIDA
as witnesses : DEPARTMENT OF
TRANSPORTATION
By:
Signature District Secretary/Designee
for District One
Print/Type Name
Legal Review:
Signature
Print/Type Name
Department Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by
means of physical presence or online notarization, this
day of , 20 by
District Secretary/Designee for District One. He is personally
known to me or has produced
as identification.
(Affix Seal/Stamp here) Notary Signature :
Printed Name :
Notary Public in and for
the County and State
last aforesaid.
My Commission Expires :
Serial No. :
Page 4 of 7 for Parcel 104 . 2
IN WITNESS WHEREOF, the County has caused these presents to
be executed in its name by its Board of County Commissioners
acting by the Chairperson or Vice-Chairperson of said Board, the
day and. rar, aforesaid.
ATTE,` h,�� �B`!/eIr County,
k'S r Florida~� ezthc)C
By Its Board of County
iiiiftanla Ags t aS ktha an s
Commissioners
Print/Type ,Nam
/.44,e,,,te,,C,Ar•pbraa—
Clerk(or Deputy Clerk) Signature
-Fur/Z. sUrr//evs
Print/Type Name
Its Chairperson
(or Vice-Chairperson)
Grantor (s) ' Mailing Address :
Co/k✓ �ovrny
3335 //Qnier--i/g.i /0/
Mp4 , ,CL 34///2-
Approved as to form and legality
ssistant aunty urney
Page 5 of 7 for Parcel 104 . 2
FP. NO. 4258432
SECTION 03175-000
PARCEL 104
LIMITED ACCESS RIGHT OF WAY
A) That portion of Tract 1, Gator Gate, as per plat thereof
recorded in Plat Book 7, Page 2, and that portion of Tract 2,
Gator Gate Unit 2, as per plat thereof recorded in Plat Book 7,
Page 54, all being of Public Records of Collier County, Florida,
both subdivisions lying in Section 3, Township 50 South, Range
26, East, Collier County, Florida.
Being more particularly described as follows :
Commence at the northeast corner of the northeast 1/4 of said
Section 3, said point being on the survey base line of State
Road 951, also known as Collier Blvd; thence along said survey
base line South 00°50' 27" West a distance of 950 . 05 feet; thence
North 89°42' 59" West a distance of 100 . 00 feet to an
intersection with the west existing right of way line of said
State Road 951 (per Section 03510-2602) and the southeast corner
of Gator Gate subdivision (per Market Center, a replat of a
portion of Gator Gate, Plat Book 7, Page 2 and a portion of
Gator Gate Unit 2, Plat Book 7, Page 54 and a subdivision of a
portion of the northeast 1/4 of Section 3, Township 50 South,
Range 26 East, as per plat thereof recorded in Plat Book 41,
Page 60, Public Records of Collier County, Florida) for a POINT
OF BEGINNING; thence along the south line of said Gator Gate
subdivision continue North 89°42' 59" West a distance of 10 . 28
feet to the beginning of a curve having a radius of 9, 552 . 25
feet; thence along the arc of said curve to the right a distance
of 257 . 71 feet through a central angle of 01°32' 45" with a chord
bearing North 01°02' 51" East to the end of said curve; thence
North 03°59' 15" East a distance of 148 . 62 feet to the south
existing right of way line of Davis Blvd. to Collier Blvd. Ramp
(per Official Records Book 5202, Page 2844, Public Records of
Collier County, Florida) and the beginning of a curve having a
radius of 865 . 71 feet; thence along said south existing right of
way line the arc of said curve to the right a distance of 3 . 23
feet through a central angle of 00°12' 51" with a chord bearing
South 20°42' 40" East to said west existing right of way line of
State Road 951 and the east line of said Gator Gate Unit 2 (per
said Market Center plat) and the end of said curve; thence along
said west existing right of way line and said east line South
00°50' 27" West a distance of 351 . 97 feet to the southeast corner
of said Gator Gate Unit 2 subdivision (per said Market Center
plat) ; thence along the east line of Gator Gate subdivision (per
said Market Center plat) and continue along said west existing
right of way line South 00°50' 27" West a distance of 51 . 02 feet
to the POINT OF BEGINNING.
Containing 3, 458 square feet
EXHIBIT "A" 0
Page6 of 7 for Parcel 104 . 2
ALSO
RIGHT OF WAY
B) That portion of Tract 1, Gator Gate, as per plat thereof
recorded in Plat Book 7, Page 2, and that portion of Tract 2,
Gator Gate Unit 2, as per plat thereof recorded in Plat Book 7,
Page 54, all being of Public Records of Collier County, Florida,
both subdivisions lying in Section 3, Township 50 South, Range
26, East, Collier County, Florida.
Being more particularly described as follows :
Commence at the northeast corner of the northeast 1/4 of said
Section 3, said point being on the survey base line of State
Road 951, also known as Collier Blvd; thence along said survey
base line South 00°50' 27" West a distance of 950 . 05 feet; thence
North 89°42' 59" West a distance of 110 .28 feet to a point on the
south line of said Gator Gate subdivision (per Market Center, a
replat of a portion of Gator Gate, Plat Book 7, Page 2 and a
portion of Gator Gate Unit 2, Plat Book 7, Page 54 and a
subdivision of a portion of the northeast 1/4 of Section 3,
Township 50 South, Range 26 East, as per plat thereof recorded
in Plat Book 41, Page 60, Public Records of Collier County,
Florida) for a POINT OF BEGINNING; thence along said south line
continue North 89°42' 59" West a distance of 40 . 82 feet; thence
North 13°05' 22" East a distance of 68 . 05 feet; thence North
00°06' 25" East a distance of 428 . 33 feet to the south existing
right of way line of Davis Blvd. to Collier Blvd. Ramp (per
Official Records Book 5202, Page 2844, Public Records of Collier
County, Florida) and the beginning of a curve having a radius of
865 . 71 feet; thence along said south existing right of way line
the arc of said curve to the right a distance of 97 . 40 feet
through a central angle of 06°26' 46" with a chord bearing South
24°02' 29" East to the end of said curve; thence South 03°59' 15"
West a distance of 148 . 62 feet to the beginning of a curve
having a radius of 9, 552 .25 feet; thence along the arc of said
curve to the left a distance of 257 . 71 feet through a central
angle of 01°32' 45" with a chord bearing South 01°02' 51" West to
the end of said curve and to the POINT OF BEGINNING.
Containing 14, 498 square feet.
Legal Description Approved by:
Richard M. "Mike" Benton, P. S .M. #6447
On January 29, 2108
EXHIBIT "A"
Page7 of 7 for Parcel 104 .2
23-UTL. 02-05/09
Date : March 25, 2020
This instrument prepared F.P. NO. 4258432
under the direction of: PARCEL 105 . 2
Angela D. Tucker, Chief Counsel SECTION 03175-000
Post Office Box 1249 STATE ROAD 93 (I-75)
City: Bartow, Florida 33831-1249 COUNTY Collier
Department of Transportation
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of
20 , by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDOT, whose post office
address is : Post Office Box 1249, Bartow, Florida 33831-1249
and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, Utility Agency
Organization, hereinafter called the Utility.
WITNESSET H:
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 FDOT; and
WHEREAS, the FDOT is willing to pay to have the Utility' s
facilities relocated if necessary to prevent conflict between
the facilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants
and promises of the parties hereto, Utility and FDOT agree as
follows :
Utility hereby subordinates to the interest of FDOT, its
successors, or assigns, any and all of its interest in the lands
as follows, viz :
SEE EXHIBIT "A"
Page 1 of 6 for Parcel 105 .2
RECORDED
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
Order of 04-17-06 A.L. Board of County OR 4021
Taking for Petroleum, Commissioners of PG 2271
permanent Inc. , et Collier County and as
utility al . Ex-Officio Governing
easement Board of the Governing
Body of Collier County
Water-Sewer District
Stipulated 06-21-06 A.L. Board of County OR 4062
Final Petroleum, Commissioners of PG 95
Judgment Inc. , et Collier County and as
for al . Ex-Officio Governing
permanent Board of the Governing
utility Body of Collier County
easement Water-Sewer District
PROVIDED that the Utility has the following rights :
1 . The Utility 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 FDOT' s current minimum standards
for such facilities as required by the FDOT Utility
Accommodation Manual in effect at the time the agreement
is executed. Any new construction or relocation of
facilities within the lands will be subject to prior
approval by the FDOT. Should the FDOT fail to approve any
new construction or relocation of facilities by the
Utility or require the Utility to alter, adjust, or
relocate its facilities located within said lands, the
FDOT hereby agrees to pay the cost of such alteration,
adjustment, or relocation, including, but not limited to
the cost of acquiring appropriate easements .
2 . Notwithstanding any provisions set forth herein, the terms
of the utility permits shall supersede any contrary
provisions, with the exception of the
provision herein with reimbursement rights .
3 . The Utility shall have a reasonable right to enter upon
the lands described herein for the purposes outlined in
Paragraph 1 above, including the right to trim 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 .
Page 2 of 6 for Parcel 105 . 2 ( �
4 . The Utility agrees to repair any damage to FDOT facilities
and to indemnify the FDOT against any loss or damage
resulting from the Utility exercising its rights outlined
in Paragraphs 1 and 3 above .
Page 3 of 6 for Parcel 105 .2
IN WITNESS WHEREOF, the FDOT hereto has executed this
agreement on the day and year first above written.
Executed in our presence STATE OF FLORIDA
as witnesses : DEPARTMENT OF
TRANSPORTATION
By:
Signature District Secretary/Designee
for District One
Print/Type Name
Legal Review:
Signature
Print/Type Name
Department Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by
means of physical presence or online notarization, this
day of , 20 by
District Secretary/Designee for District One. He is personally
known to me or has produced
as identification.
(Affix Seal/Stamp here) Notary Signature :
Printed Name:
Notary Public in and for
the County and State
last aforesaid.
My Commission Expires :
Serial No . :
Page 4 of 6 for Parcel 105 .2 tt AA
IN WITNESS WHEREOF, the County has caused these presents to
be executed in its name by its Board of County Commissioners
acting by the Chairperson or Vice-Chairperson of said Board, the
day and year aforesaid.
° y
ATTEST: �� ( ZeWer County,
' .s�
Florida,
r r '1: a A By Its Board of County
�u �' : 1 Commis Toners
Print/Type Na
Clerk (or Deputy Clerk) Signature
VoY/L aurni ✓s
Print/Type Name
Its Chairperson
(or Vice-Chairperson)
Grantor (s) ' Mailing Address :
/o'
MR/ , ,'2 34'//2-
Approved as to form and legality
A,sistant County A rney
Page 5 of 6 for Parcel 105 .2 C-46
FP. NO. 4258432
SECTION 03175-000
PARCEL 105
LIMITED ACCESS RIGHT OF WAY LINE
A) All rights of egress, ingress, light, air and view between
the grantor' s remaining property and a Limited Access right of
way line lying in Section 3, Township 50 South, Range 26 East,
Collier County, Florida.
Being described as follows :
Commence at the northeast corner of the northeast 1/4 of said
Section 3, said point being on the survey base line of State
Road 951 (Collier Blvd) ; thence along the east line of said
northeast 1/4 and said survey baseline South 00°50' 27" West a
distance of 450 . 98 feet; thence North 89°09' 33" West a distance
of 100 . 00 feet to the west existing right of way line of said
State Road 951 (per Section 03510-2602) to BEGIN said Limited
Access right of way line; thence along said west existing right
of way line North 00°50' 27" East a distance of 321 . 37 feet to
END said Limited Access right of way line .
ALSO
LIMITED ACCESS RIGHT OF WAY LINE
B) All rights of egress, ingress, light, air and view between
the grantor' s remaining property and a Limited Access right of
way line lying in Section 3, Township 50 South, Range 26 East,
Collier County, Florida.
Being described as follows :
Commence at the northeast corner of the northeast 1/4 of said
Section 3, said point being on the survey base line of State
Road 951 (Collier Blvd) ; thence along the east line of said
northeast 1/4 and said survey baseline South 00°50' 27" West a
distance of 50 . 00 feet; thence North 89°43' 23" West a distance
of 100 . 00 feet to the west existing right of way line of said
State Road 951 (per Section 03510-2602) to BEGIN said Limited
Access right of way line; thence along said west existing right
of way line South 00°50' 27" West a distance of 41 .29 feet to END
said Limited Access right of way line .
Legal Description Approved by:
Richard M. "Mike" Benton, P. S .M. #6447
On January 29, 2018
EXHIBIT "A" (�
Page6 of 6 for Parcel 105 . 2
23-UTL. 01-06/93
Date: March 25, 2020
This instrument prepared F. P. NO. 4258432
under the direction of: PARCEL 701 . 4
Angela D. Tucker, Chief Counsel SECTION 03175-000
Post Office Box 1249 STATE ROAD 951
City: Bartow, Florida 33831-1249 COUNTY Collier
Department of Transportation
SUBORDINATION OF UTILITY INTERESTS
FOR TEMPORARY EASEMENTS
THIS AGREEMENT, entered into this day of
20 , by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDOT, whose post office
address is : Post Office Box 1249, Bartow, Florida 33831-1249
and 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,
Utility Agency Organization, hereinafter called the Utility.
WITNESSET H:
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 FDOT; and
WHEREAS, the FDOT is willing to pay to have the Utility' s
facilities relocated if necessary to prevent conflict between
the facilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants
and promises of the parties hereto, Utility and FDOT agree as
follows :
Utility hereby subordinates to the interest of FDOT, its
successors, or assigns, any and all of its interest in the lands
as follows, viz :
SEE EXHIBIT "A"
It is understood and agreed by the parties hereto that the
rights granted herein shall terminate upon completion of this
transportation project, but no later than the 24th day of
September, 2028 .
Page 1 of 6 for Parcel 701 . 4
RECORDED
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
Utility 03-20-06 Randall Benderson Board of County OR 4013
Easement and David H. Commissioners PG 123
Baldauf, as of Collier
Trustees under a County,
Trust Agreement Florida, as the
dated December Governing Body
29, 1995, known of Collier
as the Ronald County and as
Benderson 1995 Ex-Officio the
Trust, and WR-I Governing Board
Associates, Ltd. , of the Collier
a Florida limited County Water-
partnership Sewer District
PROVIDED that the Utility has the following rights :
1 . The Utility 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 FDOT' s current
minimum standards for such facilities as required by
the FDOT Utility Accommodation Manual in effect at the
time the agreement is executed. Any new construction
or relocation of facilities within the lands will be
subject to prior approval by the FDOT. Should the
FDOT fail to approve any new construction or
relocation of facilities by the Utility or require the
Utility to alter, adjust, or relocate its facilities
located within said lands, the FDOT hereby agrees to
pay the cost of such alteration, adjustment, or
relocation, including, but not limited to the cost of
acquiring appropriate easements .
2 . Notwithstanding any provisions set forth herein, the
terms of the utility permits shall supersede any
contrary provisions, with the exception of the
provision herein with reimbursement rights .
3 . The Utility shall have a reasonable right to enter
upon the lands described herein for the purposes
outlined in Paragraph 1 above, including the right to
trim 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 .
4 . The Utility agrees to repair any damage to FDOT
facilities and to indemnify the FDOT against any loss
Page 2 of 6 for Parcel 701 . 4
or damage resulting from the Utility exercising its
rights outlined in Paragraphs 1 and 3 above.
Page 3 of 6 for Parcel 701 . 4
IN WITNESS WHEREOF, the FDOT hereto has executed this
agreement on the day and year first above written.
Executed in our presence STATE OF FLORIDA
as witnesses : DEPARTMENT OF
TRANSPORTATION
By:
Signature District Secretary/Designee
for District One
Print/Type Name
Legal Review:
Signature
Print/Type Name
Department Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by
means of physical presence or online notarization, this
day of , 20 by
District Secretary/Designee for District One . He is personally
known to me or has produced
as identification.
(Affix Seal/Stamp here) Notary Signature :
Printed Name :
Notary Public in and for
the County and State
last aforesaid.
My Commission Expires :
Serial No. :
Page 4 of 6 for Parcel 701 . 4
IN WITNESS WHEREOF, the County has caused these presents to
be executed in .its name by its Board of County Commissioners
acting byttietIpairperson or Vice-Chairperson of said Board, the
day and'S/oar.,afottsaid.
ATTEST" ,�4�C,• l/cK County,
,. , itici •� • 4 Florida,
\' By Its Board of County
Arm i� Commi ioners
Print/Type Name � u� *as�
Clerk (or Deputy Clerk) Signature ' •�
&ii// Savr7devs
Print/Type Name
Its Chairperson
(or Vice-Chairperson)
Grantor (s) ' Mailing Address :
&0/Xet/ CovHty
333s I lr$/1e) #4,
Nap4s, ,�Z 3y/1Jd
\pprovcd as to form and legality
Assistant County A Ivey
Page 5 of 6 for Parcel 701 . 4
(:)f
FP. NO. 4258432
SECTION 03175-000
PARCEL 701
TEMPORARY CONSTRUCTION EASEMENT
That portion of Lot 5, Market Center, a Replat of a Portion of
Gator Gate, Plat Book 7, Page 2 and a Portion of Gator Gate Unit
2, Plat Book 7, Page 54 and a Subdivision of a Portion of the
Northeast 1/4 of Section 3, Township 50 South, Range 26 East, as
per plat thereof recorded in Plat Book 41, Page 60, Public
Records of Collier County, Florida.
Being described as follows :
Commence at the northeast corner of the northeast 1/4 of said
Section 3, said point being on the survey base line of State
Road 951, also known as Collier Blvd. ; thence along the east
line of said northeast 1/4 and said survey base line South
00°50' 27" West a distance of 1, 608 . 23 feet; thence South
89°20' 11" West a distance of 123 . 33 feet to a point on the south
line of said Lot 5 for a POINT OF BEGINNING; thence continue
South 89°20' 11" West a distance of 19 . 77 feet; thence North
00°41' 49" East a distance of 234 . 36 feet to the south right of
way line of Business Circle also known as Business Circle North
[Tract R-1 (per said plat) ] and the north line of said Lot 5;
thence along said south right of way line and said north line
North 89°14' 10" East a distance of 17 . 94 feet; thence South
44°45' 47" East a distance of 7 . 52 feet; thence South 01°34' 46"
West a distance of 229 . 10 feet to the POINT OF BEGINNING.
Containing 5, 041 square feet.
Legal Description Approved by:
Richard M. "Mike" Benton, P. S .M. #6447
On August 22, 2018
EXHIBIT "A"
Page 6 of 6 for Parcel 701 . 4
23-UTL. 01-06/93
Date: March 25, 2020
This instrument prepared F.P. NO. 4258432
under the direction of: PARCEL 702 . 4
Angela D. Tucker, Chief Counsel SECTION 03175-000
Post Office Box 1249 STATE ROAD 951
City: Bartow, Florida 33831-1249 COUNTY Collier
Department of Transportation
SUBORDINATION OF UTILITY INTERESTS
FOR TEMPORARY EASEMENTS
THIS AGREEMENT, entered into this day of ,
20 , by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDOT, whose post office
address is : Post Office Box 1249, Bartow, Florida 33831-1249
and 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,
Utility Agency Organization, hereinafter called the Utility.
WITNESSET H:
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 FDOT; and
WHEREAS, the FDOT is willing to pay to have the Utility' s
facilities relocated if necessary, to prevent conflict between
the facilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants
and promises of the parties hereto, Utility and FDOT agree as
follows :
Utility hereby subordinates to the interest of FDOT, its
successors, or assigns, any and all of its interest in the lands
as follows, viz :
SEE EXHIBIT "A"
It is understood and agreed by the parties hereto that the
rights granted herein shall terminate upon completion of this
transportation project, but no later than the 24th day of
September, 2028 .
Page 1 of 6 for Parcel 702 . 4
RECORDED
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
Utility 03-20-06 Randall Benderson Board of County OR 4013
Easement and David H. Commissioners PG 123
Baldauf, as of Collier
Trustees under a County,
Trust Agreement Florida, as the
dated December Governing Body
29, 1995, known of Collier
as the Ronald County and as
Benderson 1995 Ex-Officio the
Trust, and WR-I Governing Board
Associates, Ltd. , of the Collier
a Florida limited County Water-
partnership Sewer District
PROVIDED that the Utility has the following rights :
1 . The Utility 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 FDOT ' s current
minimum standards for such facilities as required by
the FDOT Utility Accommodation Manual in effect at the
time the agreement is executed. Any new construction
or relocation of facilities within the lands will be
subject to prior approval by the FDOT. Should the
FDOT fail to approve any new construction or
relocation of facilities by the Utility or require the
Utility to alter, adjust, or relocate its facilities
located within said lands, the FDOT hereby agrees to
pay the cost of such alteration, adjustment, or
relocation, including, but not limited to the cost of
acquiring appropriate easements .
2 . Notwithstanding any provisions set forth herein, the
terms of the utility permits shall supersede any
contrary provisions, with the exception of the
provision herein with reimbursement rights .
3 . The Utility shall have a reasonable right to enter
upon the lands described herein for the purposes
outlined in Paragraph 1 above, including the right to
trim 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 .
4 . The Utility agrees to repair any damage to FDOT
facilities and to indemnify the FDOT against any loss
Page 2 of 6 for Parcel 702 . 4
or damage resulting from the Utility exercising its
rights outlined in Paragraphs 1 and 3 above.
Page 3 of 6 for Parcel 702 . 4
IN WITNESS WHEREOF, the FDOT hereto has executed this
agreement on the day and year first above written.
Executed in our presence STATE OF FLORIDA
as witnesses : DEPARTMENT OF
TRANSPORTATION
By:
Signature District Secretary/Designee
for District One
Print/Type Name
Legal Review:
Signature
Print/Type Name
Department Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by
means of physical presence or online notarization, this
day of , 20 by
District Secretary/Designee for District One. He is personally
known to me or has produced
as identification.
(Affix Seal/Stamp here) Notary Signature:
Printed Name:
Notary Public in and for
the County and State
last aforesaid.
My Commission Expires :
Serial No. :
Page 4 of 6 for Parcel 702 . 4 ( - ,
►'� /
IN WITNESS WHEREOF, the County has caused these presents to
be executed in its name by its Board of County Commissioners
acting by the Chairperson or Vice-Chairperson of said Board, the
day and;,year{', foresaid.
ATTEST: ajtjjA:• Dtit_Z, • w// County,
Florida,
Ld ': '1'15
By Its Board of County
'kW) s- Of--to-N
Commi Toners
Print/Type. ,Name
Clerk (or Deputy Clerk) Signature
0r712- L.Gvride✓.s
Print/Type Name
Its Chairperson
(or Vice-Chairperson)
Grantor (s) ' Mailing Address :
6;A:ei £ y
39,3,576 iv9me a�/ - col
//4045/ /4L 3'W9
Approved as to form and legality
sistant County Anti,cy
Page 5 of 6 for Parcel 702 . 4
FP. NO. 4258432
SECTION 03175-000
PARCEL 702
TEMPORARY CONSTRUCTION EASEMENT
That portion of Lot 6, Market Center, a Replat of a Portion of
Gator Gate, Plat Book 7, Page 2 and a Portion of Gator Gate Unit
2, Plat Book 7, Page 54 and a Subdivision of a Portion of the
Northeast 1/4 of Section 3, Township 50 South, Range 26 East, as
per plat thereof recorded in Plat Book 41, Page 60, Public
Records of Collier County, Florida.
Being described as follows :
Commence at the northeast corner of the northeast 1/4 of said
Section 3, said point being on the survey base line of State
Road 951, also known as Collier Blvd. ; thence along the east
line of said northeast 1/4 and said survey base line South
00°50' 27" West a distance of 950 . 05 feet; thence North 89°42' 59"
West a distance of 125 . 57 feet to a point on the north line of
said Lot 6 and the beginning of a curve having a radius of
9, 567 . 54 feet for a POINT OF BEGINNING; thence along the arc of
said curve to the left a distance of 242 . 16 feet through a
central angle of 01°27' O1" with a chord bearing South 00°27' O1"
East to the end of said curve; thence South 01°10' 32" East a
distance of 55 . 67 feet; thence South 01°34' 46" West a distance
of 53 . 62 feet; thence South 51°25' 59" West a distance of 3 . 50
feet to the north existing right of way line of Business Circle
also known as Business Circle North [Tract R-1 (per said plat) ]
and the south line of said Lot 6 and to the beginning of a curve
having a radius of 25 . 00 feet; thence along said north existing
right of way line and said south line the arc of said curve to
the right a distance of 2 . 76 feet through a central angle of
06°19' 44" with a chord bearing South 86°04' 18" West to the end
of said curve; thence continue along said north existing right
of way line and said south line South 89°14' 10' West a distance
of 14 . 34 feet; thence North 01°10' 32" West a distance of 354 . 16
feet to said north line of Lot 6; thence along said north line
South 89°42' 59" East a distance of 25 . 53 feet to the POINT OF
BEGINNING.
Containing 8, 117 square feet.
Legal Description Approved by:
Richard M. "Mike" Benton, P. S .M. #6447
On October 9, 2018
EXHIBIT "A"
Page6 of 6 for Parcel 702 . 4
23-UTL. 02-05/09
Date: March 25, 2020
This instrument prepared F. P. NO. 4351112
under the direction of: PARCEL 104 . 2
Angela D. Tucker, Chief Counsel SECTION 03030-000
Post Office Box 1249 STATE ROAD 951
City: Bartow, Florida 33831-1249 COUNTY Collier
Department of Transportation
SUBORDINATION OF COUNTY UTILITY INTERESTS
THIS AGREEMENT, entered into this day of ,
20 , by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the FDOT, whose post office
address is : Post Office Box 1249, Bartow, Florida 33831-1249
and COLLIER COUNTY, A FLORIDA POLITICAL SUBDIVISION, Utility
Agency Organization, hereinafter called the Utility.
WITNESSET H:
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 FDOT; and
WHEREAS, the FDOT is willing to pay to have the Utility' s
facilities relocated if necessary to prevent conflict between
the facilities so that the benefits of each may be retained.
NOW, THEREFORE, in consideration of the mutual covenants
and promises of the parties hereto, Utility and FDOT agree as
follows :
Utility hereby subordinates to the interest of FDOT, its
successors, or assigns, any and all of its interest in the lands
as follows, viz :
SEE EXHIBIT "A"
Page 1 of 5 for Parcel 104 .2
RECORDED
INSTRUMENT DATE FROM TO O.R.
BOOK/PAGE
Drainage 07-11-60 Henderson Creek Collier OR 0067
Easement Company County, a PG 0351
Florida
political
subdivision
Corrective 01-09-61 Henderson Creek Collier OR 0076
Drainage Company County, a PG 0127
Easement Florida
political
subdivision
PROVIDED that the Utility has the following rights :
1 . The Utility 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 FDOT' s current
minimum standards for such facilities as required by
the FDOT Utility Accommodation Manual in effect at the
time the agreement is executed. Any new construction
or relocation of facilities within the lands will be
subject to prior approval by the FDOT. Should the
FDOT fail to approve any new construction or
relocation of facilities by the Utility or require the
Utility to alter, adjust, or relocate its facilities
located within said lands, the FDOT hereby agrees to
pay the cost of such alteration, adjustment, or
relocation, including, but not limited to the cost of
acquiring appropriate easements .
2 . Notwithstanding any provisions set forth herein, the
terms of the utility permits shall supersede any
contrary provisions, with the exception of the
provision herein with reimbursement rights .
3 . The Utility shall have a reasonable right to enter
upon the lands described herein for the purposes
outlined in Paragraph 1 above, including the right to
trim 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 .
4 . The Utility agrees to repair any damage to FDOT
facilities and to indemnify the FDOT against any loss
or damage resulting from the Utility exercising its
rights outlined in Paragraphs 1 and 3 above.
Page 2 of 5 for Parcel 104 . 2
IN WITNESS WHEREOF, the FDOT hereto has executed this agreement
on the day and year first above written.
Executed in our presence STATE OF FLORIDA
as witnesses : DEPARTMENT OF
TRANSPORTATION
By:
Signature District Secretary/Designee
for District One
Print/Type Name
Legal Review:
Signature
Print/Type Name
Department Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of
physical presence or online notarization, this
day of , 20 by
District Secretary/Designee for District One. He is personally
known to me or has produced as
identification.
(Affix Seal/Stamp here) Notary Signature :
Printed Name :
Notary Public in and for
the County and State last
aforesaid.
My Commission Expires :
Serial No. :
Page 3 of 5 for Parcel 104 . 2
IN WITNESS WHEREOF, the County has caused these presents to
be executed. in its name by its Board of County Commissioners
actingx 'by the:'Chairperson or Vice-Chairperson of said Board, the
day :and„year.,, aforesaid.
ATTEST: L‘..5:1C &`L/e, County,
S{ .u. Florida,
S a t 8 Il'$ By Its Board of County
• tiev' Comm' Toners
Print/Type Name 4
r4f.
Clerk (or Deputy Clerk) Signature
iv1,L. (5711/no rs
Print/Type Name
Its Chairperson
(or Vice-Chairperson)
Grantor (s) ' Mailing Address :
67ge/ aanly
3335 imam< /rad 6 0/0l
Mp/e ,s- 34'/'Z
Approved as to form and legality
ssistant County rney
Page 4 of 5 for Parcel 104 .2
F. P. NO. 4351112
SECTION 03030-000
PARCEL 104
RIGHT OF WAY
Those portions of the southwest 1/4 of Section 3 and the
northwest 1/4 of Section 10, Township 51 South, Range 26 East,
Collier County, Florida.
Being described as follows :
Commence at the southwest corner of said Section 3; thence along
the south line of said southwest 1/4, South 89°22' 08" East a
distance of 1, 391 . 77 feet to the survey base line of State Road
951 (Collier Blvd) ; thence along said survey base line North
02°27' 42" East a distance of 426 . 96 feet; thence South 87°32' 18"
East a distance of 298 . 76 feet for a POINT OF BEGINNING; thence
South 88°06' 20" East a distance of 150 . 04 feet; thence South
00°33' 22" West a distance of 510 . 59 feet to the center line of a
Collier County drainage easement (per Official Records Book 67,
Page 66 and Official Records Book 76, Page 127, Public Records
of Collier County, Florida) ; thence along said center line South
61°31' 43" West a distance of 16 . 30 feet; thence North 28°28' 17"
West a distance of 55 . 00 feet to the north easement line of said
drainage easement; thence along said north easement line South
61°31' 43" West a distance of 124 . 72 feet; thence North 00°33' 22"
East a distance of 534 . 43 feet to the POINT OF BEGINNING.
Containing 1 . 731 acres .
Legal Description Approved by:
Richard M. "Mike" Benton, P. S .M. #6447
On March 6, 2019
EXHIBIT "A"
Page5 of 5 for Parcel 104 .2
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