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Resolution 1995-054 CWS 95-2 8 o 2 1 RESOLUTION NO. 95-~ RESOLUTION NO. CWS-95-~ RESOLUTION APPROVING A SUBORDINATION OF THE COLLIER COUNTY WATER-SEWER DISTRICT'S UTILITY INTERESTS IDENTIFIED AS PARCEL 106.2 AND LOCATED WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION PROJECT OF STATE ROAD 84, SECTION 03001-2515. WHEREAS, the State ot Florida Department ot 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 ot Transportation; and WHEREAS, said subordination is in the best interests ot 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 ot 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 ot Florida Department ot Transportation for a subordination of utility interests for Parcel No. 106.2 is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interests tor Parcel No. 106.2 as described in Exhibit "Atl 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 """I" BOARD OF COUNTY COMMISSIONERS OF. COLLIER COUNTY, FLCRIDA, AS THE '\ GOVERNING BODY OF COLLIER COUNTY S AND AS EX-OFFICIO THE GOVERNING ", ~, BOARD OF THE COLLIER COUNTY, ".!: ' WATER-SEWER DISTRICT " ii \ .7": .:::. .- 8 ot the Board of County Commissioners as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. 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: 0,tf,-- ';,AT':\'EST: DWIGHT E., ,BROCK, CLERK ...' . ',J i~;Y/~~ ~~~-..P)t. ....~ . ' . . ' ~ ' . , I! ~ ." Approved as to form and legal' sufficiency: nt t County Attorney 2 D 2 .' 8 2 o SECTION 03001-2515 PARCEL 106 That portion of the northeast ~ of Section 12, Township SO South, Range 25 East, Collier County, Florida. Being described as follows: Commence at the northwest corner of said northeast ~, said corner beinq on the survey base line ot state Road 84 (Davis Boulevard); thence alonq said survey base line, also beinq the north boundary of said Section 12, North 89.41'37" East, 338.94 feet; thence South 00.16'34" East, 75.00 teet to the intersection of the south existinq riqht of way line of said State Road 84 (per Section 03506-2601) and the east existinq riqht ot way line ot Lakewood Boulevard (per Lakewood Unit No.6, as per plat thereof recorded in Plat Book 12, paqe 73, Public Records ot Collier County, Florida) tor a POINT OF BEGINNING; thence alonq said south existinq riqht ot way line North 89.41'37" East, 10.00 teet; thence South 44042'29" West, 14.15 feet to said east existinq riqht ot way line of Lakewood Boulevard; thence alonq said east existinq riqht of way North 00.16'39" West, 10.00 feet to the POINT OF BEGINNI~G. containing 50 square feet. William E. ~ay P.L.S. Date: /') -08- '71- ~OT VALID UNLESS EMBOSSED EXHIBIT "A" , -~'tiak.,~-:-,';;t "'~';_;;"fi",,( ~~.~~~, ~925899~OR:f2~1 ~ IICCIUIII omcIU IIClIIII If 1l/11/lS at 0:111111111I .. - . 1111: mn III III 1CQt1lmlll Ill! IOI! oma IGI lilt 8 1Ol! mil n 1311l-11lI D 23-UTL.02-06/93 Date: June 21, 1994 This instrument prepared under the direction ot: Bruce P. cury, General Counsel Post Oft ice Box 1249 City: Bartow, Florida 33830 Department ot Transportation PARCEL 103.2 SECTION 03001-2515 STATE ROAD 84 COUNTY Collier SOBORDIKA~IO. or COUNTY UTILITY INTERESTS ,..ntIS AGREEMENT, entered into this 1.1-lt day ot 1YJt1~ 199~, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinatter called the FOOT, whose post otfice address is: Post otfics Box 1249, Bartow, Florida 33830 and ~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. AS TIlE GOVERNING BODY FOR COLLIER COUNTY AND AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, hereinafter called County. . IT. . S S . T .. . -. ,A'~;<~:- : WHEREAS, the County presently has an interest in certain lands that have been determined necessary tor highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination ot the interest clat.ed in such lands by the County to the FOOT; and WHEREAS, the FOOT is willing to pay to have the County's facilities relocated it necessary to prevent conflict between the tacilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises ot the parties hereto, County and FOOT agree as follows: County hereby subordinates to the interest of FOOT, it successors, or assigns, any and all of its interest in the lands as tollows, viz: SEB EXHIBIT "A" Page 1 2 ." ""I.~'" ......,'... ..,.... -' . " -, - . "'" .', =~R::201~. 8 n 21 " RI!CORDIlD INSTRUHElIT DATE FROK TO O.R. IlOO15LP~B Easement 07-23-86 East Naples The Board ot OR 1207 Water Systems, County Pq. 2184 Inc. Commissioners of Collier County, Florida, as the Governing Body tor Collier County and as The Governing Board ot the Collier County Water- .' Sewer :..,' District .:i: ,,,g .. ," - ~ . ." "'f4!)~ PROVIDED that the County has the following rights: 1. The County 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 FOOT's current minimum standards tor such tacilities as required by the FOOT, Utility Accommodation Kanual in ettect at the time the agreement is executed. Any new construction or relocation ot facilities within the lands will be subject to prior approval by the FOOT. Should the FOOT fail to approve any new construction or relocation of 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 of such alteration, adjustment, or relocation, including, but not limited to the cost of acquirinq appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception ot the provision herein with reimbursement rights. 3. The County shall have a reasonable right to enter' upoA": 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 safety of the FDOT's facilities. Page 2 ---. .' '. .-". , ,II". , . " . "::;'~ ,.""!p.fI6f,!'......~. . i," ... .~..~...- ';",,'; :::,; .... .' " ',L1''' "., ",,'~ ... ,. . '.., . ." -' " ~ . f. Of." ':":,' '., f;:, -', . -"; ('l''',' 8 D 2 4. The County aqreea to repair any damaqe to FOOT racilities and to indemnity the FOOT aqainat anr 10.. or damaqe resultinq rro. the County exerci.inq t. riqhta outlined in Paragraphs 1 and 3 above. .. ",,,,,. IN WITNESS WHEREOF, the FOOT hereto has executed thb ", ~I':":-::~' aqreement on th.p:::e::: year tirst abov:T:~t::n~RIDA)('~~'}\~'\ DEPARTMENT OP . ~ C,f.?t:y " TRAN PO T ON \>;;,:.t(.(jf. ~rh'/ ''1,0-::: -. -?'... '~;'-:~~T;.~(' " By: sign .JiM ~..... print/~e~ ?c:: ?Va Siqnature i?E. Mrd' Print/Type Name . David A. May, P E. District Secre ary tor Dietrict 0 e -..-- ....... ~o Fora r li. Jd-' . , , and , -'~ "1: '~...."." "":';',,,,ii,;;,,,.,, "",,;._.t" j~ Department Attorney STATE OF FLORIDA /.-t.--t~i 0, . ,: ~iii;!"I;., ~ . ",' COUNTY OF AIk ~""'^ The toreqoiMnhtrument was J1cknowled~ b4>tOXll. me thie ...ii.L day ot t 199d by" -D. l-t. II J~ ' Dietrict Secretary tor District Ons. He is peraonally own to JIG or k:2l11 P-^"u-si ...... li1eHt<l<fl'1Q2t"^" (Attix seal/stamp here) Notary Siqnatur~i). ~ Printed Name: Q) JICOOf1II o.lIlOIMl_ r:;. .............,,-- .: : lit' MwdI2I.- . .,' .-1lfUlIlllf......-x.1C. Notary Public in and tor the County and state last atoresaid. My Commission ~ires: ~.:2S'..- q~ Serial No.: !t'.1Y?ot~ ,;."; ,';' paqe 3 " !. . ...'flr.. -~'OR:020n'~il J.' ..< .J . ',~f;. . _' I . .', , .. 8 0 2 f IN WITNESS WHEREOl", the County and the Collier County Water-Sewer District have caused these present. to be executed in it. name by it. Board of County Commissioner. a. the Ex-Qrricio Governing Board ot the Collier County Water-Sewer Dietrict acting by the Chairman or Vice-Chairman ot said Board, the day and year atoresaid. ~.: ATTEST: " .oWtl;1f1l ,Eo BROCK, ." /oJ.' .;,1t o~ ''; <,0. C-' /j:..~. ; ~ . , ~A:"~ . c. . J . t..J . '.:~ . ,~ ," :\~ , , oJ 11 . ~ I .... . .: CLERK ~ ; ~,~'". 0:; '. . , " 'J') Approv,d 'a. to torm and legal sutticiency: .-,., BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. I'LORID~rAS' '1'Bll GOVERNING BODY 01" COU,tER C01Jli'j."t'" AND AS EX-QFFICIO THB .GOVERNtNG' '-~ BOARD OF THE COLLIEJi ..coUNTY '~'~r'\', <0 WATER-SEWER DISTRIc;'I'; ''''? :,; /.; ;', ~ ~~)P~< :Et';?~~ ,....,,, "111'''\\\\ . ..tP.' ".. .. ".,1";" ~.. t"..,.....,.., .' ., '-OR: 2047~,\,r ;';~":~';;~:- .' ~ ., ",'(., .... ,r' .'. .. ',' SECTION 03001-2515 PARCEL 103 A) That portion of the northeast % ot Section 12, Township 50 South, Ranqe 25 East, Collier County, Florida. Beinq described as tollows: Commence at the northwest corner of said northeast %, said corner beinq on the survey base lins ot State Road 84 (Davis Boulevard); thence alonq said survey base line, also beinq the north boundary of said section 12, North 89041'37" East, 258.94 teet; thence South 00016'39" East, 75.00 teet to the intersection ot the aouth existinq riqht ot way line ot said State Road 84 (per Section 03506-2601) and the west existinq riqht ot way line ot Lakewood Boulevard (per Lakewood Unit NO.6, as per plat thereot recorded in Plat Book 12, paqe 73, Public Records ot Collier County, Florida) for a POINT OF BEGINNING; thence continue South 00016'39" East, 10.00 alonq said west existinq riqht ot way line ot Lakewood Boulevard; thence North 45017'31" West, 14.14 feet to said south existinq riqht ot way line ot State Road 84; thence alonq said south existinq riqht ot way line North 89041'37" East, 10.00 teet to the POINT OF BEGINNING. Containinq 50 square teet./ ALSO EXHIBIT "A" paqe 5 .. .... -_r.>_' ..- . ._~ -.ORFZOlfPG: 1425;- . ,',. h-" '_~_." '.' . .' -. 8 2 ' o B) That portion of the northeast ~ ot section 12, Township 50 South, Range 25 East, Collier County, Florida. Being described as tollows: Commence at the northwest corner ot 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 ot said section 12, North 89041'37" East, 338.94 feet; thence South 00016'34" East, 75.00 feet to the intersection ot the south existing right of way line of said State Road 84 (per section 03506-2601) and the east existing right of way line ot Lakewood Boulevard (per Lakewood Unit NO.6, as per plat thereot recorded in Plat Book 12, Page 73, Public Records ot Collier County, Florida) for a POINT OF BEGINNING; thence along said south existing right of way line North 89041'37" East, 10.00 teet; thence South 44042'29" West, 14.15 feet to said east existing right of way line ot Lakewood Boulevard; thence along said east existing right ot way North 00016'39" West, 10.00 teet to the POINT OF BEGINNING. containing 50 square feet. I Wil . 1\~y F.L.I;. Date: 017- '1'1- 94 NOT VALID UNLESS EMBOSSED 737 l, EXHIBIT "A" Page 6