Resolution 1993-155
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RESOLUTION NO. 93 - 155
APRIL 13, 1993
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE THE GRANT OF UTILITY
EASEMENT TO FLORIDA POWER & LIGHT COMPANY AND TO APPROVE
THE RELEASE OF EASEMENT FROM FLORIDA POWER & LIGHT
COMPANY CONCERNING THE GOLDEN GATE LIBRARY LOCATED ON A
PORTION OF BLOCK 115, GOLDEN GATE UNIT 4.
WHEREAS, the Board of County Commissioners of Collier County,
Florida, acquired title to certain property located in the city
of Golden Gate (the "Library Property") by Warranty Deed
recorded in Official Records Book 635, Page 1220 of the Public
Records of Collier County, Florida, for the purposes of
constructing the Golden Gate Library;
WHEREAS, the Board of County Commissioners of Collier County,
FJ.orida granted an Easement over, under and upon the Library
Property to Florida Power & Light Company recorded on March 28,
1978 in Official Records Book 742, Page 551 et seq of the Public
Records of Collier County, Florida;
, WHEREAS, the Board of County Commissioners of Collier County,
Florida is desirous of relocating the existing Florida Power &
Light Company's utility facility for the expansion of the Golden
Gate Library;
WHEREAS, Florida Power and Light Company has agreed to
release the existing utility easement and to relocate the
utility facilities at its sole cost and expense; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida desires to grant a new utility easement to Florida Power
and Light Company for the purpose of relocating the utility
facility at the Golden Gate Library.
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;
and Staff is directed to record the attached Grant of Utility
Easement in the Public Records of Collier County, Florida.
3. The Board of County Commissioners approves the Release of
Easement',from Florida Power and Light Company.
This Resolution adopted after motion, second and majority
vote. . .
BOARD OF COUNTY COMMISSIONERS OF
COy;JE.R COUNT~.J'LORIDA
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BURT L. SAUNDERS, Chairman
Approved as to legal form
and SUfficiency:
mrr/. ;~}~ij--
H d F. As ton
Assistant County Attorney
&OOK 000 PAGf 208
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Golden Gate Library
APRIL 13..1993
GRANt' OF UTILITY EASEMENT
This indenture made and executed this ~ day of
~ , 1993, by and between the Board of County
Co~issioners of Collier County, Florida whose post-office address
is 3301 East Tamiami Trail, Naples, Florida 33962, hereinafter
referred to as GRANTOR and Florida Power & Light COmpany, a Florida
corporation, whose post-office address is 2112 Gulf Gate Drive,
Sarasota, Florida 33581, 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, a non-exclusive easement for the purpose of
constructing, operating and maintaining utilities over and through
the property as more particularly described on Exhibit "A" attached
hereto and made a part hereof.
TO HAVE AND TO HOLD the easement hereby granted unto said
GRANTEE, its successors and assigns.
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 of the property over which said easement is granted.
GRANTEE further 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 thereof.
GRANTOR, its successors or assigns, shall upon said vacation,
have the right to require GRANTEE, its successors or assigns, to
remove any structure or improvements which may affect the use of the
property.
GRANTEE hereby covenants and agrees to indemnify, save, protect
and hold harmless GRANTOR against any loss, damage, injury, debt or
expense claimed (including attorneys' fees) or asserted by any
person or entity, arising out of GRANTEE'S installation or use of
GRANTEE'S facilities described above.
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BOARD OF COUNTY COMMISSIONERS
COLLIE COUNTY, FLORIDA
BY: -:.#4~/
BURT L. SAUNDERS, Cha rman
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IN WITNESS WHEREOF the GRANTOR has caused these presents to be
executed in its name by its Board of County Commissioners acting by
the Chairman of said Board, the day and year first above written.