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Resolution 1995-239 .. 16 1 E RESOLUTION NO. 95 - 239 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE GRANT OF UTILITY EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR ELECTRICAL UTILITY FACILITIES FOR THE NORTH NAPLES FIRE STATION LOCATED AT THE NORTH NAPLES EMERGENCY SERVICES COMPLEX ON VANDERBILT BEACH ROAD. WHEREAS, Collier County is desirous of providing Florida Power and Light Company ("FPL") with an easement for the construction, operation and maintenance of overhead and underground electric utility facilities (inClUding wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time, with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as the size of, and remove such facilities or any of them within an easement ten (10) feet in width. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does hereby approve the attached Grant of Utility Easement to Florida Power and Light Company. 2. The Chairman of the Board of County Commissioners of Collier county, Florida, is hereby authorized to execute the attached Grant of Utility Easement to Florida Power and Light Company. This Resolution adopted after motion, second and majority vote. DATED:3f-rfb BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~ I "J [J :- . I . -J\TTEST: {~", ~'DWight E. :Br~ck, '" / ~ ~ ,I 1 , ~ i Clerk . r;.' ""; ~ :!lY" ;' . ~ '. ..,.. ., '14 ,'" . f '{. I. vJt.. '.\ . S ~ ;:;s Approved as to legal form and sufficiency: Jdu d . J As1Jhv-- Heidi F. Ashton Assistant county Attorney - . 1923343 OR: 2044 PG: 2044 UCOIIID 1. omCli UCOlDl ,f COIIIl! coom, II OI/OlIII,t 01:3111 DrIG11T I, IlDCI, CllII IICn! DOC-.l0 IIU: DAIIlOllm lIt Illl ImlOIlICl Project: North Naples Emergency services Complex Folio '00176682006 GRANT OF UTILITY EASEMENT ~is Indenture, mad.. and executed this .s2L.. day of "7 ~ ' 1995, by and between the Board of County commISSIaners ot Collier County, Florida, as the Governing Body ot Collier County, 3301 East Tamiami Trail, Naples, Florida 33962, hereinafter referred to as GRANTOR, and Florida Power and Light Company, P. o. Box 413013, Naples, Florida 33941-3013, hereinafter referred to as GRANTEE. WITNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors or assigns, an easement tor the construction, operation and maintenance of overhead and underground electric utility facIlities (includIng wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time: with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as the size ot, and remove such facilities or any of them within an easement ten (10) feet in width as more particularly described on Exhibit "A" attached hereto and made a part hereof. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for cOllllllunications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area: to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of tho easement area which might interfere with or fall upon the lines or systems of communications or power translIiission or distribution: and further grants, to the fullest extent tho undersigned has the power to grant, it at all, the rights hereinabove granted on the land heretofore described, over, along, undor and across tho roads, streets or highways adjoining or through said property. GRANTEE, by acceptance of this easement agrees for itself, its successors and assigns, to maintain said easement and in no way interfere at any time with the right of ingress or egress of GRANTOR, its successors and aSSigns, or any other party requiring access to any ot the real property over which said easement is granted. GRANTEE turther agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to construction, maIntenance and repair. In the event GRANTEE, its successors or assigns, shall fail to use this easement for the purpose intended, then GRANTEE, its successors or assigns, shall vacate, cancel and annul said easement or relevant part thereot. -Page 1- 1 n.IO .10 . . OR: 2044 PG: 2045 GRANTOR, its succsssors or assigns, shall upon said vacation, have the right to require GRANTEE, its successors or assigns, to r81lOVe, at Grant.e'. expense, any structure or improvements which 1IIlY affect the use of the property. GRANTEE hereby covenants and aqreea to indemnity, save, protect and hold harmless GRANTOR against any loss, damaqe, injury, debt or expen.e, fee (includinq attorneys' fees), claimed or asserted by any person or entity, arising out of GRANTEE'S installation or use of GRANTEE'S facilities described above. IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed in its name by its Board of County commissioners acting by .,'. the Chairaan of said Board, the day and year first abo\'e written. ,. - . . A'l'TEST.' . -';<A>wiqhl!~'J,rock, Clerk . j..........."'.. /' ~~::.,. . ~ -;.;. .: /~_.. .'. .:, ~ :~;~~'0'. 7.12/. .. . ':' . l6puty cltrk . .....~".,....... .:,.. .. '+, S~;\ BOARD OF COUNTY COKllISSIONERS COLLIER COUNTY, FLORIDA v:x! tthew~, C~~~~ ... Approved as to legal form and sufficiency: TillS CONVEYANCE APPROVED BY TilE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO TilE PROVISIONS OF RESOLUTION rlO. 95-239 rf.f:-I.' J AYivh e d F. Ashton Assistant County Attorney -page 2- OR: 2044 PG: Be 16 ""'E,INC. .. .. .,.;-n.rbmm Ie bnd_ .' ~'!~sr DESCRIPTION Of A mlIJIISE[flfTILITY EASEMENT {;:/\ Folio, '00176682006 P.a~ 1 af 2 ?!(~::' : A PROPOSED unLITY EASEMENT fOR FLORIDA POWER II< LIGHT COMPANY, OVER.IJNDER AND ACROSS ALL TIJAT PART Of LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1338, PAGE 63, PUBLIC RECORDS Of COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ^ T ^ POINT ON TIlE EASTERLY RIGHT-OF-WAY LINE OF HAMMOCK OAK DRIVE AS RECORDED IN PLAT BOOK 22. PAGE 23, PUBLIC RECORDS OF COLLIER COUNrY. FLORIDA, AND A POINT ON TIlE SOUTHER!. Y RIGHT-Of-WAY LINE OF VANDERBILT BEACH ROAD (I 17.SO' RIGHT-OF-WAY) ;, STATE ROAD NO. 862; TIlENCE SOUTH 80.08'22" EAST ALONG TIlE NORntER!. Y './ LINE OF LANDS AS RECORDED IN OFFICIAL RECORD BOOK 1338, PAGE 63, AND SAID SOUTHER!. Y RIGHT-Of-WAY LINE A DISTANCE OF 238.01 FEET; TIlENcE LEAVING SAID NORTIlER!. Y LINE SOunI14"34'46" WEST 92.53 FEET; ntENCE SOUTH 18"46'28" WEST 44.09 FEET TO THE POINT OF BEGINNING AND TIlE CENTERLINE Of A 10.00 fOOT WIDE unLITY EASEMENT LYING 5.00 FEET ON EACH SIDE Of THE fOLLOWING DESCRIBED CENTERLINE; THENCE SOUTH 13'3744" WEST 46.00 FEET; THENCE SOUTH 03'00'1 J" WEST 10.09 FEET; THENCE SOUTH 18'4\'46" WEST 62.3\ FEET TO TIlE TERMINUS OF THE EASEMENT HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLl. BARBER II< BRIJNDAGE. INC, PROFESSIONAL ENGINEERS, PLANNERS II< LAND SURVEYORS or^", WJ'.C12.o10SO.01:"'W'9S PAGE 1 OF2 Main OfT1<<t 7400 Tamlani. Tral1 N..~I~ :ZOO. NiJ'Iet..l-111IMla ~J963 . (al~) 591.,1111 . FAX: (81~) 566-2203 LctCountylI62SIIC'ft&lry$t..!hritc tOI.lturf Mym.RnndJ ~~9nI' ("1~) 3)4.117). F^X:<Al:4) ~34.117S . E i' " " . ;; ,-~. :i ,'l: b-~. " ..'i """'..3" . ".' Q ':1'..=- ~~ .acad: "'l"I ,~ . ..........,73.: ''f loch: <3'1 97 '. '. ~;; . ~:i;,.... . .",,":1." .t:. {( 11'.; ~" ' ~~ ..r 1;;.;.. .- O. 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