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Resolution 1995-053 CWS 95-1 8 o 1 RESOLUTION NO. 9~-~ RESOLUTION NO. CWS-95-~ RESOLUTION APPROVING A SUBORDINATION OF THE COLLIER COUNTY WATER-SEWER DISTRICT'S UTILITY INTERESTS IDENTIFIED AS PARCEL 103.2 AND LOCATED WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION PROJECT OF STATE ROAD 84, SECTION 03001-2515. WHEREAS, the state of Florida Department of Transportation proposes to construct or improve state Road No. 84, section No. 03001-2515, in Collier County, Florida; and WHEREAS, it is necessary that certain easement rights now owned by Collier County and the Collier County Water-Sewer District be subordinated to the State of Florida Department of Transportation; and WHEREAS, said subordination is in the best interests of the citizens of Collier County and the customers of the Collier County Water-Sewer District; and WHEREAS, the State of Florida Department of Transportation has made application to said County and to the Collier County Water-Sewer District to execute and deliver to the state of Florida Department of Transportation a subordination of the utility interests, in favor of the state of Florida, and said request having been duly considered. NOW, THEREFORE, BE IT RESOLVED BY THE 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, that the application of the State of Florida Department of Transportation for a subordination of utility interests for Parcel No. 103.2 is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interests for Parcel No. 103.2 as described in Exhibit "A" attached hereto and incorporated herein, in favor of the state of Florida Department of Transportation, in Collier County, is hereby approved and the Chairman is hereby authorized to sign said subordination on behalf 1 8 o 1 ot the Board of County Commissioners as the Governing Body ot Collier County and as EX-Officlo the Governing Board of the Collier County Water-Sewer Olstrict_ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the state of Florida Department of Transportation at Tallahassee, Florida. This Resolution adopted after motion, second and majority vote. DATED: 01;1s- ATTEST: DWIGHT Ec aROCK, CLERK ""'" ". 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,_ ,.' "/.'- ".;,. ." ... C/7,L '~ :#//-'i . .. '. ~,' ,,..Q(' '. I '.' . ~' .~ " 'I ".t, -,' Approved as to form and legal sufficiency: Attorney 2 8 o 1 I SECTION 03001-2515 PARCEL 103 A) That portion of the northeast ~ of section 12, Township 50 South, Range 25 East, Collier County, Florida. Being described as follows: Commence at the northwest corner of said northeast ~, said corner being on the survey base line of state Road 84 (Davis Boulevard); thence along said survey base line, also being the north boundary of said Section 12, North 89-41'37" East, 258.94 feet; thence South 00016'39" East, 75.00 feet to the intersection of the south existing right of way line of said state Road 84 (per section 03506-2601) and the west existing right of way line of Lakewood Boulevard (per Lakewood Unit No.6, as per plat thereof recorded in Plat Book 12, Page 73, Public Records of Collier County, Florida) for a POINT OF BEGINNING; thence continue south 00016'39" East, 10.00 along said west existing right of way line of Lakewood Boulevard; thence North 45017'31" West, 14.14 feet to said south existing right of way line of state Road 84; thence along said south existing right of way line North 89041'37" East, 10.00 feet to the POINT OF BEGINNING. containing 50 square feet. ALSO EXHIBIT "A" Page I 8 o 1 B) That portion of the northeast ~ of section 12, Township 50 South, Range 25 East, Collier County, Florida. Being described as follows: Commence at the northwest corner of said northeast ~, said corner being on the survey base line of State Road 84 (Davis Boulevard); thence along said survey base line, aleo being the north boundary of said Section 12, North 89-41'37" East, 338.94 teet; thence South 00-16'34" East, 75.00 feet to the intersection of the south exieting right of way line of said state Road 84 (per Section 03506-2601) and the east existing right of way line of Lakewood Boulevard (per Lakewood unit No.6, as per plat thereof recorded in Plat Book 12, Page 73, Public Records of Collier County, Florida) for a POINT OF BEGINNING; thence along said south existing right of way line North 89041'37" East, 10.00 feet; thence South 44042'29" West, 14.15 feet to said east existing right of way line of Lakewocd Boulevard; thence along said east existing right of way North 00016'39" West, 10.00 feet to the POINT OF BEGINNING. . containing 50 square feet. wil 1 E'J;:;y P.L;}. Date: - 7./. 9 NOT VALID UNLESS EMBOSSED 737 EXHIBIT "A" Page ""- County hereby subordinates to the interest of FOOT, it successors, or assigns, any and all of its interest in the lands as follows, viz: ; -~----. '~'''',,:'. ;-':;::.: 192589FOR: :2047;}lG:i:l412.c:;.;:r . ,. '.(oC'.,.., D~I>>D 11 mICLU DCODIIf cmm cmrr; n 1l/Il/llllll:111l H1G1! I. uoa:, CUll :'. DC m U.SI llU:111l1 mDm IlGl! 01 nl ICQlIImll lilT IDlY oma 101 1Il1 IOlT mu n llllHIlI 8 D 1 23-UTL.02-06/93 Date: July 18, 1994 This instrument prepared under the direction of: Bruce P. Cury, General Counsel Post ottice Box 1~~2 City: Bartow, Florida 33830 Department of Transportation PARCEL 116.4 SECTION 03010-2545 STATE ROAD 90 COUNTY Collier SUSORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT, entered into this z,1-t:' day of ,.,,~ 199~, 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 33830 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA; hereinafter called County. WIT H E S S B T HI WHEREAS, the County 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 the County to the FOOT; and WHEREAS, the FDOT is willinq to pay to have the County'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, County and FOOT agree as follows: SEB EXHIBIT "An Page 1 ~.; \ ; ~1\!I''''l'ln.1'' 3- ~-~- . '.-,'t . YlLf~''lJ. .:r ", ,{ - ., . . 1:' (...,. )!r.. -~..,;'. . :. .,~~ .'. . 't~: '.::: ",' " ;:;. 8 n 14 RBCORDED INSTRU!lEIlT DATB FROM TO O.R. BOOK PAGB OR 1432 Pg. 1111 Easement 03-20-89 John T. Conroy, Jr., as Successor- Trustee under Land Trust No. 27-8170-00-6, formerly Land Trust No. 50- 0992 Board of County Commissioners of Collier County, Florida PROVIDED that the County has the following rights: 1. The County shall have the right to construct, operate~'. maintain, improve, add to, upqrad~, remove, and . ...'. relocate facilities on, within, and upon the landa'. .4'1'''.'. described herein in accordance with the FOOT'. current minimum standards for such facilities as required by the FOOT, 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 FOOT. Should the FOOT fail to approve any new construction or relocation ot facilities by the County or require the County to alter, adjust, or relocate its facilities located within said lands, the FOOT hereby agrees to pay the cost ot 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 at the provision herein with reimbursement rights. 3. The County shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to tria such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and satety of the FOOT's facilities. 4. The County agrees to repair any damage to FOOT facilities and to indemnify the POOT against any loss or damage resulting from the County exercising its rights outlined in Paragraphs 1 and 3 above. Page 2 -'~' ~,:",; " , ," . . . . . TI""~r:'t.-~ ~..':,",t;._.,.;,,~~*-. ~ Oi:':2041 :PG:;14U ~:, . ~..!&:,.,., '."f~~~, ' '.,..";",,,. i' 8 1 D IN WITNESS WHEREOF, the l"DOT hereto has executed this agreement on the day and year first above written. ~:'.;.. Executed in our presence STATE 01" l"LORIDA : 1::'.:'- ',:-"t" as witnepes: DEPARTKElIT 01" ~'""'01;;;''':-''Il:''r. ~ TRAN PORTATION /~Q~ "'''''\li." I By: /<l<'\';-::'if)~'?~\" i D id A v_ "' .,,) 'io:/ _ ature av . naY, f~~~'''' f"':.. ~ _ D District seer Wi C' ...;....,. ~ , .J ;)"\'O~ - for District onil' ',-:' "',(,tJ' ~~ /.Typu;.e N~ame :.".::~.;/l oved as 0 Form and . -;:t:/ lit '..-/ Signature ~ R.~ tJ;lr-d Print/Type Name ,'. Department Attorney STATE 01" FLORIDA COUNTY 01" 'Pb l.K .,'\ '~ _...,u.;t'he foregoil)g, ins,trument vas acknowle<1lle<1 ~re ae thi.('; ." ..JiLL..:.' day of Mllrd" 199B- by ~,1Lll.1Al.l , District Secretary for District One. He is personaLty known to me 0.... l~l:l.& lBr;Eltlee.l! as ~:::::f::::~::mp here) Notary Signature" (;gHJffi~il ~ Printed Name: :f~CIGt'.('/~ D. 1/,."....,,,) Notary Public in and for the County and stat. last aforesaid. Ky coamiSSion~ir..: _ '?-.25'- . Serial No.: Igr6~6 G),,,.., JIjXIlElJl o.1WJWII ~'J:-"t 1If('t1MSSOll.CC1"DPftI '! w.'CtIa.- IllIIIDtMlUTIIJf...."..a.JlC. Page 3 rt\l . ~.. _.""~"~ ........~., ._., "., . .\..::t"" ;,,~'--~; .:~ '~> IN WITNESS WHEREOF, the County and the Collier County Water-Sewer District have caused these presents to be executed in its name by its Board of County commissionsrs as the Ex-Officio Governing Board of the Collier County Water-Sewer District acting by the Chairman or Vice-Chairman of said Board, the, day and year:, aforesaid. . f -. ; ...:.............. ~r' . .\.... , . 'I' .,I,,!' BOARD OF COUNTY CO~:r:SSIONERS Or,> ':,; COLLIER COUNTY, FLQltfDA, A~:,THB ,~~ GOVERNING BODYJOF COLLIER COUNTY' ~ AND AS EX-OFFICIO 11IB;GOvERNi:NG- ," g BOARD OF THE COLLiER' coinl'ry: t'.. ,: i; g WATER-SEWER DISTRICT' ':.':' '..",-,': E' ., ~,;~~" ':\.:.::~..~~:.. ~~:.>,~~{ '/111111;,'1"'" ...... , ATTEST: '/~'Qr- ,:; ',DWIGHT, E.' BROCK, CLERK y'- ,,\ I J Or ',_ ',- ~'" . COt? . .' ',. .' . v ~> ' it, ~':..v' ::: 4;;/f""';~- !<7" \'<:"-~ ' ,':::}? .. '_" t: .'\'j " . , .J_, Approved as to form and legal sufficiency: '10/' ,.~.. . Attorney +..IE", .~.~' (:?:, , ' ~~'; .,", '7_:',;;,,~-,., '.'....,w.._. . '\"':f;; '. .,;0' '''';7', '.. .. ..,~ ~. .J;\ . . 8 D 1 SECTION 03010-2545 PARCEL 116 That portion of the northwest % of Section 11, Township 50 SOuth, Range 25 East, Collier County, Florida. Being described as followe: Commence at the northwest corner of said Section 11; thence along the westerly boundary of said Section 11, South 00.26'09. East, 63.28 feet to the survey base line ot state Road 90 (U.S. 41) Taaiami Trail and the beginninq of a curve concave southwesterly; thence along said survey base line, the arc of said curve to the right, having a radius of 11,459.16 feet, a central angle ot 02.07'42.4", an arc length of 425.69 feet, the chord for vhich bears South 56059'32" East to the end of said curve; thence Horth 16.19'23" East, 52.49 feet to the northerly existing right ot vay line of said State Road 90 (per Section 03010-2116) tor a POrNT OF BEGINNING; thence continue North 16.19'23. East, 33.36 feet; thence South 50.49'20" East, 115.46 feet; thence South 54"29'55" East, 240.10 feet; thence South 00.33'46" East, 25.05 feet to said northerly existing riqht ot vay line and the beqinninq of a curve concave southwesterly; thence along said northerly existing riqbt ot way line, the arc of said curve to the lett, having a radius of 11,509.16 feet, a central angle ot 01.47'16.6., an arc length of 359.15 feet, the chord for which bears North 55"06'49. West to the POINT OF BEGINNING. containing 7,997 square feet. Wil~~aa. E.. Ray P~.L. #2737 Da,te:'{1"!1'07-/Q- _ NOT'VALID UNLESS SSED " ". EXHIBIT "A" Page 5