Memorandum of Right-of-Way Consent Agreement
PROJECT: FPL Greenway
PROJECT NO.: 690817 INSTR 4363984 OR 4510 PG 1561
RECORDED 11/17/2009 1:50 PM PAGES 3
DWIGHT E. BROCK
~~~~~~o~OUNTY CLERK OF THE CIRCUIT COURT
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this
q~ day of AI()v'~ , 2009, by and between COLLIER COUNTY, a
political subdivision of the State of Florida, (hereinafter referred to as the "County") and
FLORIDA POWER & LIGHT COMPANY, a Florida corporation (hereinafter referred to
as "Company");
WHEREAS, on the q'ft,.... day of ;V()V~ , 2009, Company and
County entered into a written Right-of-Way Consent Agreement, hereinafter referred to
as the "Agreement" related to certain property situated in the County of Collier, State of
Florida as more particularly set forth in said Agreement and described in Exhibit "A"
attached hereto and made a part hereof and hereinafter referred to as the "Lands", and
WHEREAS, the parties are desirous of making their interest therein a matter of
public record.
NOW THEREFORE, in consideration of mutual covenants herein contained and
the parties intending to be legally bound thereby, the parties hereto agree as follows:
1. The property described in Exhibit "A" is subject to a right-of-way in favor of Company
as granted by those certain Agreements recorded in OR Book 193, Page 787, OR
Book 194, Page 389, OR Book 194, Page 386, OR Book 194, Page 383, OR Book
513, Page 583, and OR Book 1360, Pages 166-168, all of the Public Records of
Collier County, Florida.
2. The Agreement provides, among other things, County's right to construct certain
improvements upon the Lands including, but not limited to, creating and operating a
public trail subject to certain conditions and restrictions.
3. The Agreement is assignable to purchasers of all or a portion of the Lands provided
that the purchasers assume the obligations under the Agreement and specifically
acknowledge and agree that the use of the property and improvements to be placed
on the property are strictly limited to those depicted on that certain plan of
improvement attached to the Agreement and are otherwise subject to the terms of
the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Agreement on this hereinabove written date.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY: 1fJ~ ~~
DONNA FIALA, Chairman
',-.,
Memorandum of Right-of-Way Consent Agreement Page 2
FLORIDA POWER & LIGHT COMPANY
PrintedlTyped Name ~~.
~v! 1~- By: Its: West Area Real Es
Signature Mark Zwieg Print Name: Mark L. Byers
PrintedlTyped Name
STATE OF FLORIDA
COUNTY OF SARASOTA
The foregoing instrument was acknowledged before me this .l.jrl day of
() c !-of, i?,~ , 2009 by Mark L. Byers, as West Area Real Estate Manager, of
FLORIDA POWER & LIGHT COMPANY, a Florida corporation, on behalf of the
corporation. He iscQersonallv k~ to me or who has produced
[type of identification] as identification.
WITNESS my hand and official seal this Lj rA day of (Jcfo"~.,... , 2009.
(affix notarial seal) ~~ ~
(Signature of Notary Public) .
Mark ZWIeg
t\OTARY PUBLiC-SW'E OF FLORIDA (Print Name of Notary Public)
_ Mark Zwieg NOTARY PUBLIC
Commission #DDSS8146 Serial/Commission #:(if any) O/J fS' J'/ Y t
Expires: MAY 30, 2010
BO:-iDED TIlRC AHA'me BO"<1)!NG co., !'iC My Commission Expires: 5/10//(,-'
Approved as to form and
legal sufficiency:
"-
j
Memorandum of Right-of-Way Consent Agreement Page 3
EXHIBIT "A"
The West 110 feet of the West half (W %) of the Northeast one quarter (NE %), less the
North 50 feet thereof, of Section 7, Township 50 South, Range 26 East, Collier County,
Florida.
The West 110 feet of the South East 1/4 of Section 7, Township 50 South, Range 26
East, Collier County, Florida.
The West 110 feet of the East 1/2 of Section 18, Township 50 South, Range 26 East,
Collier County, Florida, less the South Thirty (30) feet thereof.
The West 110 feet of the East 1/2 of Section 6, Township 50 South, Range 26 East,
Collier County, Florida, less the North One Hundred (100) feet thereof and less the
South Fifty (50 feet thereof.
The West 110 feet of the NE % of Section 6 Township 50 Range 26 less North 50 feet,
Collier County, Florida.
A parcel of land lying in the Northeast % of Section 6, Township 50 South, Range 26
East, Collier County, Florida, being more particularly described as follows: Commencing
at the South % corner of said section 6; thence North 00042' 44" West for a distance of
2752.41 Feet; to the monumented center of said section 6 and then Point of Beginning
of a tract of land herein described. Thence North 00044' 25" West for a distance of
30.00 feet to a point on a curve concave to the South and having a Radius of 280.00
feet; thence Easterly along the Arc of said curve for a distance of 112.84 feet, through a
Central Angle of 230 05' 26" and having a Chord Bearing of South 790 41' 45" East and
Chord Length of 112.08 feet; thence South 00042' 44" East for a distance of 7.45 feet;
thence South 880 41' 55" West for a distance of 110.01 feet to the Point of Beginning.
Containing 0.057 Acres more or less.
,
PROJECT: FPL Greenway
PROJECT NO.: 690817
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MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
THIS MEMORANDUM OF RIGHT-OF-WAY ('(",,,,,..-- NT dated this
day of J. by ~ COUNTY, a
political subdivision of the State 01 ~v : IZ.- \..4.;' II.: l l, Jic) County") and
FLORIDA POWER & LIGHT COI\ ~ffQ l$~ ~ ~r referred to
as "Company"); <:( .Qj\'- r CCCCcQ
r.:: (., M r 00
WHEREAS, on the [c9 g-- - -- )mpany and
County entered into a written Right- . referred to
as the "Agreement" related to certai, er, State of
Florida as more particularly set fort Exhibit "A"
---
attached hereto and made a part her .... ..~as the "Lands", and
-----
_.
WHEREAS, the parties are desirous of making their interest therein a matter of I
public record.
NOW THEREFORE, in consideration of mutual covenants herein contained and
the parties intending to be legally bound thereby, the parties hereto agree as follows:
1. The property described in Exhibit "A" is subject to a right-of-way in favor of Company
as granted by those certain Agreements recorded in OR Book 193, Page 787, OR
Book 194, Page ~9, OR Book 194, Page 386, OR Book 194, Page 383, OR Book y.
513, Page 583~ Book 1360, Pages 166-168, aReI OR-Book 382, Psge1tt1, all of
the Public Records of Collier County, Florida.
2. The Agreement provides, among other things, County's right to construct certain
improvements upon the Lands including, but not limited to, creating and operating a
public trail subject to certain conditions and restrictions.
3. The Agreement is assignable to purchasers of all or a portion of the Lands provided
that the purchasers assume the obligations under the Agreement and specifically
acknowledge and agree that the use of the property and improvements to be placed
on the property are strictly limited to those depicted on that certain plan of
improvement attached to the Agreement and are otherwise subject to the terms of
the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Agreement on this hereinabove written date.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY: BY:
Deputy Clerk ..if~,VlllcrH~INO, Chairman
TJ:)t\Sl' C f F iA LA t
I
.
Memorandum of Right-of-Way Consent Agreement Page 2
FLORIDA POWER & LIGHT COMPANY
Signature
PrintedlTyped Name
By:
Its: West Area Real Estate Manager
Signature Print Name: Mark L. Byers
PrintedlTyped Name
STATE OF FLORIDA
COUNTY OF SARASOTA
The foregoing ~ent was acknowledged before me this day of
, 2 0 ~ . Mark L. Byers, as West Area Real Estate Manager, of
FLORIDA POWER HT COMPANY, a Florida corporation, on behalf of the
corporation. He is personally known to me or who has produced
[type of identification] as identification. .20
WITNESS my hand and official seal this day of
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: (if anv)
My Commission Expires:
Approved as to form and
legal sufficiency:
Assistant County Attorney
Memorandum of Right-of-Way Consent Agreement Page 3
EXHIBIT "A"
The West 110 feet of the West half (W %) of the Northeast one quarter (NE %), less the
North 50 feet thereof, of Section 7, Township 50 South, Range 26 East, Collier County,
Florida.
The West 110 feet of the South East 1/4 of Section 7, Township 50 South, Range 26
East, Collier County, Florida.
The West 110 feet of the East 1/2 of Section 18, Township 50 South, Range 26 East,
Collier County, Florida, less the South Thirty (30) feet thereof.
The West 110 feet of the East 1/2 of Section 6, Township 50 South, Range 26 East,
Collier County, Florida, less the North One Hundred (100) feet thereof and less the
South Fifty (50 feet thereof.
The West 110 feet of the NE % of Section 6 Township 50 Range 26 less North 50 feet,
Collier County, Florida.
A parcel of land lying in the Northeast % of Section 6, Township 50 South, Range 26
East, Collier County, Florida, being more particularly described as follows: Commencing
at the South % corner of said section 6; thence North 000 42' 44" West for a distance of
2752.41 Feet; to the monumented center of said section 6 and then Point of Beginning
of a tract of land herein described. Thence North 000 44' 25" West for a distance of
30.00 feet to a point on a curve concave to the South and having a Radius of 280.00
feet; thence Easterly along the Arc of said curve for a distance of 112.84 feet, through a
Central Angle of 23005' 26" and having a Chord Bearing of South 790 41' 45" East and
Chord Length of 112.08 feet; thence South 000 42' 44" East for a distance of 7.45 feet;
thence South 88041' 55" West for a distance of 110.01 feet to the Point of Beginning.
Containing 0.057Acres more or less.
The N 350 feet of the So 00 feet of the East 31 t of the West % e
So 450 feet of the Ea feet of the West 1/2, s the South 75 f or Right-of-
ay, all in Section ownship 50 South, Ra 6 East, Collier nty, Florida.
~~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ' 'll~
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
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Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
exception of1he Chairman's signature, draw a line 1hrough routing lines #1 through #4, comolete the dteckIist, and forward to Ian Mitchell (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
--
2.
-I---"
3.
-
4. J~~~1i~~~s~.~. Atty. County Attorney (ty '-l ! Cf/or;
5. Ian Mitchell, BCC Supervisor Board of County Commissioners M- \l (\7,1 ~
6. Minutes and Records* Clerk of Court's Office
,
*Please scan under FPL Greenway Project No. 690817 in the,BMR Real Property Folder. Thank you
PRIMARY CONTACT INFORMATION
(The primary conta:t is the holder of1he original document pending BCC approval. Normally the primary contact is the person who created'prepared the executive
summary. Primary contact information is needed in the event one of 1he addressees above, inchliing Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing 1he BCC Chairman's signature are to be delivered to 1he BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252-5843
Contact
Agenda Date Item was June 22,2004 Agenda Item Number l6B5 (Resolution No.
Approved by the BCC 2004-209)
Type of Document Agreement Number of Original One
Attached Documents Attached
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Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/ A (Not
a ro riate. (Initial) A licable)
1. 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 ~
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
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document or the fmal ne otiated contract date whichever is a licable.
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should be provided to Ian Mitchell in the BCC office within 24 hours ofBCC approval.
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 our deadlines!
6. The document was approved by the BCC on June 22, 2004 (enter date) and all ~
changes made during the meeting have been incorporated in the attached document. ~
The Count Attorne 's Office has reviewed the chan es, if a licable.
I: Forms! COlUlty Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09