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Backup Documents 11/09/2021 Item #16C 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I C 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. I��� **NEW** ROUTING SLIP Doi Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office ';,tj 110,31� 4. BCC Office Board of County Commissioners I 141 5. Minutes and Records Clerk of Court's Office 12r1---at I a ,0%)v - PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff JayMalamphy Contact/ Department p y Phone Number 8402 Agenda Date Item was November 9 2021 Agenda Item Number 16.C.1 Approved by the BCC g Type of Document Subordination of County Utility Interests Number of Original 1 Attached Documents Attached PO number or account number if document is To be recorded by FDOT at their cost to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? O K N/A 2. Does the document need to be sent to another agency for additional signatZg If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed 2 by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the County Manager on November 9,2021 and if any changes were made during the meeting,they have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the 1(� Chairman's signature. �v J✓` I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Crystal K. Kinzel 1 6 C 1 G�CVIT OOURp�f, Collier County a� Clerk of the Circuit Court and Comptroller 3315 Tamiami Trail East,Suite 102 Naples, Florida 34112-5324 * * December 7, 2021 FDOT Attn: Ray Fauble 801 North Broadway Ave. P.O Box 1249 Bartow, Florida 33830 Re: Subordination of County Utility Interest— State Road 84/Collier County Parcel 501.2, Section 03001-000, F.P. #1954165 Transmitted herewith is one (1) original agreement w/certified resolution of the above referenced document, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, November 9, 2021, during Regular Session. When fully executed and recorded please e-mail a copy to minutesandrecords@collierclerk.com to be kept as part of the Boards Records. Very truly yours, CRYSTAL K. KINZEL, CLERK )A1j1A-- Martha Vergara, Dep ty lerk Phone-(239)252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com I 6 C 1 23-UTL.02-05/09 Date: January 7,2021 This instrument prepared F.P.NO.1954165 under the direction of: PARCEL 501.2 Angela D.Tucker,Chief Counsel SECTION 03001-000 Post Office Box 1249 STATE ROAD 84 Bartow,Florida 33831-1249 COUNTY COLLIER Department of Transportation SUBORDINATION OF COUNTY UTILITY INTERESTS (In Re:Real Property Maintenance Donation to FDOT) THIS AGREEMENT,entered into thisa�ay of Pf 0,2SA tly and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,hereinafter called the FOOT,whose post office address is: Post Office Box 1249,Bartow,Florida 33631-1249 and BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY.FLORIDA.AS THE GOVERNING BODY OF COLLIER COUNTY.AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT.Utility Agency Organization,hereinafter called the Utility. WITNESSETH: 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 lends by Utility to the FDOT;and WHEREAS,after relocation of utility facilities,if any,required by FOOT as a condition of acceptance of a maintenance donation of such lands from a third party,the FOOT is willing to pay,in the event of any future FOOT project,to have the Utility's facilities relocated if necessary to prevent conflict between FDOT facilities and the Utility's 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 FOOT agree as follows: Utility hereby subordinates to the interest of FOOT.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 501.2 16C 1 RECORDED INSTRUMENT DATE FROM TO O.R. BOOK/PAGE Utility 2/15/2018 CCC Board of County 5498/0992 Facilities Fronterra, Commissioners of Collier Warranty LLC County,Florida,as the Deed and Bill governing body of Collier of Sale County,and the ex officio governing board of the Collier County Water-Sewer District Deed of Utility 2/15/2018 CCC Board of County 5498/1002 Easement Fronterra, Commissioners of Collier LLC County,Florida,as the governing body of Collier County,and the ex officio governing board of the Collier County Water-Sewer District Utility 7/23/2020 Fronterra Board of County 5800/3244 Facilities Community Commissioners of Collier Warranty Development County,Florida,as the Deed and Bill District governing body of Collier of Sale 8/26/2020 County,and the ex officio 5812/2727 governing board of the Collier County 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. 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 6 for Parcel 501.2 Cr) 16C 1 IN WITNESS WHEREOF,the FDOT hereto has executed this agreement on the day and year first above written. Executed in our presence as witnesses: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Signature By: District Secretary/Designee for District One Print/Type Name Signature Legal Review: PrinVType 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 SeaUStamp here) Notary Signature: Printed Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No.: Page 3 of 6 for Parcel 501.2 1 bC 1 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 afores id. ATTEST:'s ) County. Narns:Ma ' • •• , Florida, L_Clerk(or Deputy Clerk) By Its Board of County Commissioners IPIrCrt Kkinz t t k Attest as to Chairman's R4nw,-�a� (SEAL) e;in�rt►s Name Its Chairperson (or Vice-Chairperson) Grantor(s)'Mailing/Wdress: Approved as to form and legality titans County terry Q'12) ``A a Page 4 of 6 for Parcel 501.2 16C 1 Exhibit"A' Page 1 of 2 F.P.NO.1954165 SECTION 03001-000 PARCEL 501 That portion of Tract R-2(Madrid Circle),Fronterra Phase 1,a subdivision in Section 34,Township 49 South,Range 26 East,as per plat thereof recorded in Plat Book 63, Page 13,Public Records of Collier County,Florida. Being more particularly described as follows: Commence at the southwest corner of said plat of Fronterra Phase 1 and the north existing right of way line of State Road 84(Davis Boulevard(per Section 03001-000 FPID 1954165)1;thence along said north existing right of way line South 89.44'2T East a distance of 73.97 feet for a POINT OF BEGINNING;thence Noah 00.15'33'East a distance 3.26 feet to the westerly existing right of way line of said Madrid Circle and the beginning of a curve having a radius of 25.00 feet and;thence along said westerly existing right of way line the arc of said curve to the left a distance of 16.07 feet through a central angle of 313'49'43"with a chord bearing of North 42'15'08"East;thence South 89'44'27'East a distance of 83.18 feet to the easterly right-of-way of said Madrid Circle and the beginning of a curve having a radius of 25.00 feet thence along said easterly existing right of way line the arc of said curve to the left a distance of 16.85 through a central angle of 38.36'43•with a lard bearing of South 42.3T30" East;thence South 00.15'33"West a distance of 2.89 feet to said north existing right of way line of State Road 84;thence along said north existing right-of-way line North 89'44'2r West a distance of 105.00 feet to the POINT OF BEGINNING. Containing 1,416 square feet,more or less. Legali n Approved by: - ,J Michel D. can PSM NN 8658 Date; -ZS-ZBZO NOT VALID UNLESS EMBOSSED EXHIBIT'A" Page 5 of 6 for Parcel 501.2 1 6 C 1 Ko . . § \� $ i L■ \ / fi� . , �| � \ ! � § : ; - [ . I - .. ® � , 1 ! ( }k�`,© '- 1 ,., ) Ee}! ;V ° I. / /( } f2$ w . . : \ |/\=J&b§ ( ( \\ - • & k'/)!/'$t (0J ( : q ! , - - a s .( . , ; r:- ( .74 ) LU ` i / „r 2 | » -:, fl � 4 ccz ` ■\ /t. « --. -- � a a \ Cr 2 • - -p /{ Z ' \ _ / . -cr �\} 1J:11\ a. \}K I! L • ' z e •O . |a a?b ;L \ /\# r | \ § , I }01 Z _ � E r� ,2 < ■ » d• D e q k/� -3 ° p §j ' \ / ( � < e ■ 2k : 2 U }� ƒ ; % % , / • .1 &: & , . 11 2 q - . t\ ® %$ § § m �. c '® | / - ---R . e / y � I 0 2 a..b ' ' r , j � $\ 2$ / \ vm rr k� I . 2 !� ' § ILI O . �K }\ I & 2 p I /{ zz7 2 G U •- .. 6«( . " « w §m}/ LA 1 , ( //�! k § i§yg§ yy} § , "I a j 1 I\ ° qGi w / \ ' zk ■ . .1 d a k . . . . o 2 \ ! • | ! g