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Parcel 836 & 837 (ROW Consent Agmt.) eoltr Cmn'lty ~ ,- - - TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM TO: RECORDING DATE: March 7, 2007 FROM: Lorraine Lantz, ROW Coordinator - 213-5843 SUBJECT: ROW Consent Agreements and Memo of ROW Consent Agreement Please record the Memorandum of ROW Consent Agreement submitted by Sue Filson and prepared by Mark Byers ofFPL. Please return the original recorded Memorandum of ROW Consent Agreement and one original executed Right-of-Way Consent Agreement to my attention in the Transportation ROW Department at 2885 S. Horseshoe Dr., Naples, FL 34104. Project Code: Parcel #: Fund / Cost Center: Recording Code: 511012 - LASIP 837 301-172945 649030 This Instrument Prepared By: Mark L. Byers Florida Power & Light Company P.O. BOX 11119 Sarasota, FL 34230-1119 3984933 OR: 4195 PG: 0632 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 03/09/2007 at 01:35PM DWIGHT Bo BROCK. CLBRK RBC FBB 61.00 COPIBS 7.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 7240 MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this fft. day of filM.u , 2002, by and between COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AS GOVERNING BODY OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as "Licensee"), and FLORIDA POWER & LIGHT COMPANY, a Florida corporation (hereinafter referred to as "Company"). WITNESSETH: WHEREAS, on the ~ day of ~ 200~, Company and Licensee 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 placing their interest therein as a matter of public record. NOW THEREFORE, in consideration of the 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 recorded in O.R. Book 194, Page 601 of the Public Records of Collier County, Florida. 2. The Agreement provides, among other things, Licensee's right to use the Lands for the purposes of maintaining drainage and access facilities of a county owned canal situated adjacent to the Company's right-of-way and related to the Lely Area Stormwater Improvement Project, 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 a certain plan of improvement and are otherwise subject to the terms of the Agreement. OR: 4195 PG: 0633 IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement on the date hereinabove written. Witnesses for Company: Company: FLORIDA POWER & LIGHT COMPANY, :y~Orid~~/1- _ Area Real Estate Manager ~y. Name: A,,4A (C .L (.... It;:' r Na~:~ Dated: J /.J. J../';'~, 7 , , ATTEST: DWIGHT E. BROCK, Clerk ;,i",,,,,)f '? c, Licensee: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AS GOVERNING BODY OF COLLIER COUNTY, FLORIDA By: ~t~~',a(. ,; $1OflaUlrt Oft lit By:." /} /~ / / ,,/~;Z~~ ~ [,...c'-- . r"""'" JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: L/L<. ~L~ Ellen T. Chadwell Assistant County Attorney Dated: d/5/0J- \, \ OR: 4195 PG: 0634 State of Florida ) )ss: County of ~ fir-if,) (I ( " ) On this ).. I..... J day of .J"''''''''1 , 200 Z before me, the undersigned Notary Public, personally appeared Mark L. Byers, Area Real Estate Manager of Florida Power & Light Company, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument and acknowledged that he/she executed the same on behalf of said corporation and that he/she was duly authorized to do so. In Witness Whereof, I hereunto set my hand and official seal. NOTARY PUBLlC-STATE OF FLORlDA ~ Mark Zwieg Commission # DDS58146 Expires: MAY 30, 2010 BONDED THRU ATIMllC BONDING CO.. INC. ~ l.z--- NOTARY PUBLIC, STATE OF FLORIDA /'1;11.(c.. 21-' lEe (seal) Print Name: Commission No.: O/J.5 5' j /'1 ( My Commission Expires: J /Jo J. () ,..I., \: ~ '" PROJECT: NO. 7599 PROJECT PARCEL NO: _ 836 TAX PARCEL NO. ___ 1 EXHIBIT IJ ~ I -;tT OR: 4195 PG: 0635 SECT/ON 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF CQUNTY DRAINAGE & ACCESS EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FO:~ DESCRIPTION OF COUNTY DRAINAGE & ACCESS EASEMENT) ~ (\ UJl S " r'{S P ". e\J C\<'- ONOO " C~ Q' : @) CID -<::( o 0::: ~ ~ Q: Q. '----' . 0::: a ~ L5 2: en >--- lJJ --J --J , ~:' LJ @ (ID(Q ~C'\J LJ ~ u) a C~) l.[) ~ I-- Q) or- <: 0 (~ f::: (j ~ PREPARED BY: ~ '7"~ ~ 7.s: o. LEL Y GOLF ESTA TES UNIT NO. 1 (P. B. 8, PG. 49) \ \ \ \ \ \..r Ifo '07. '~ ", : "'" A"'" I I " /? " "t In::l " O. " o:1t<") , ,,0 , r;} Ir--.: , ;..0 " N - '~ , I'<) l"t lL.,.,,', <: " ~sa'-...J , ~ , · I" <: " ""'1& ' R1 I~ 1--::::; " o. "'-, " <.. ,. "7".(; , ~ 113 <: <: ',,~?-', 0::. n::l - - , , ~ I;';: a (!) " " Q VJ Q ll.J en', " I ' co ~.-..-.. " " r-- a ' , LJ I I ~ Q C'\J "-', ", (Q . ..-r"..-r", , ~ -<::( "en "()', " co I-- lJJ ~ Q " " --J ~ (j lL. I-- 8" " lJJ ' -<::( --J (j co~ ~', " (j k! I g: 8 -<::( ",', 0::: CJ g: cO " -<::( I >-. , Q G3 I --J ~ ", en en lJJ , o I ~ ~ -.J ", Q I '--' " C) I ~ Q C'\J " rv -.J (^ -<::( . f-. L.J.... I V),." <:Q I--lJJ~Q lJ.J I (j LL I-- ~ I -<::(-.J(J ~ V) 0::: C) -<::( co @ L5 I f...:::~o::: . ;::::! lJ.J I >--- f...::: ~ ~ I cj '----' ~ I -.J ~ I G:: Cl I I ~ I-- (j -<::( g: LINE L1 L2 L3 LINE TABLE LENGTH 32.56 13.30 27.41 BEARING N 66'27'47" E S 01'09 '37" W N 01.09'37" E ....!}\ ::::aGNOU .....13 ::::: >\RBER & ......13 .".... ...... RUNDAGE,Dlc. Professional engineers, planner,B, & land surveyors CoW.r Counl,y: Suite 200. 7~ TamIamI 'l'nll, North, Nopl.., n. 3410B (1141)8;7-3111 Le. Counl,y: Suite 101. 1828 Hendry Binet, rDrt Ilron. n. 331lO1 (1141)337-3111 CerUtto.te ot .Authoriu.Uon No.. LB 3844 ad .IB SU-4 P'u: (Q.4,1)Me-2203 SHEET 1 OF 2 BY: GUY P. ADAMS, P.S.M, SCALE: 1" = 150' DRAWN BY: JAN CHECKED BY:--.QE.A FILE NO: 8289 NO. 4390 DATE: JULY 17. 2002. PROJECT NO.: 7599-1 ACAD NO: 8289-836 t~.. EXHIBIT A Page~ -;; 1 OR: 4195 PG: 0636 PROJECT: NO. 7599 PROJECT PARCEL NO: 836 TAX PARCEL NO. 1 SECTION 19, TOv1lNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, PLORIOA LEGAL DESCRIPTION PROPOSED DRAINAGE AND ACCESS EASEMENT PARCEL 836 ALL THA T PART OF TRACT A, LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEGINNING A T THE NORTH CORNER OF TRACT L, LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 48.01 '29" E A DISTANCE OF 376.84 FEET TO TRACT B; THENCE N 66.27'47" E ALONG TRACT B A DISTANCE OF 32.56 FEET; THENCE S Or09'37" W A DISTANCE OF 13.30 FEET; THENCE S 48.01 '29" W A DISTANCE OF 417.38 FEET TO TRACT L; THENCE N Or09'37" E A DISTANCE OF 27.41 FEET ALONG TRACT L TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED. CONTAINING 8139 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. -;"">;. -!. , ; ~ ,., PREPARED BY: I} I: ! I [ f , ) BEARINGS ARE BASED ON THE LEL Y GOLF ESTA TES TRACr MAP PLA T BOOK 8, FLORIDAI BY: SHEET 2 OF" 2 ....~ ::::H..GNOLI .....U :::::iDARBER & ......13 ...... ...... RUNDAGE,INC, Professional engineers, planners, & land surveyors Colller Count,.: Suite 200, 7400 TamJami Tra.il, North; Na.ple., FL 34108 (g'U)1597-3111 tAe County: Suite 101. U~2t5 Hendry Silreet, Fort }lye"" YL 33g01 (94-1)337-3111 CertitJc..te ot AuthoMuUon No., LE 3664- and EB 3664. Fax: (O'(1)M~-2203 GUY P. SCALE: N. T.5. DRAWN BY: JAN CHECKED BY: GPA FILE NO: 8289 P,S.M, NO, 4390 DATE: JULY 17. 2002 PROJECT NO.: 7599-1 ACAD NO: 8289-836 EXHIBIT A ~ l3 of_L OR: 4195 PG: 0637 PROJECT: NO. . 7599 PROJECT PARCEL NO:.. 837 TAX PARCEL NO. _.__ SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, j--LORIDA SKETCH OP COUNTY DRAINAGE & ACCESS EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF COUNTY DRAINAGE EASEMENT) .~ .~ ,,,'b .~" -n.... POINT OF" ~1' ~~ '"V BEGINNING ~ 4$t ~<~~%> / / tx C()CO /., G cf .,' '0 Y:-v..,... '\~ .... \>' .' S'\ . . .' ')()' . . . ' rV ()()<b ..' <(-, "\ A . . . \:)"<<C:)" \.2) Y ~ 01'100 ...,. \0 C ..' .....\JIS\ f\ R ~ "1<-:: _~~ ?.. ~ ?~ 0- LINE TABLE LENGTH 35.15 S 29.55'24" W ~ O"l ....-" '. 0 r'" ~\J '. \d MS ::cJ '. K r:-YE PAL < '.BUC L- NDO )> '. cO -\ '. \1", '. ::a '. 0: )> '. CJ: ~ l~\ ~ I ~) LINE L1 @ CID f-. as ~ trj L5 ~ "'C ~ "'C 0:::: C:l TR ACT A LEL Y GOLP ESTA TES TRACT MAP (P. B. 8, PG, 20) CURVE: Cl C2 DEL TA 72'58'/1" 6818'51H CURVE: TABLE RADIUS ARC .30.00 .38,21 .30.00 .35,17 CHORD CHORD BEARING .35.68 S .3516'22" E .3.3.69 N 8.3'40'29" W SHEET 1 OF 2 PREPARED BY: a.... 1111.. .... ..... ..... ..... ...... :::::: UNDAGE,noc. ProfoooiOllAl onginOOTll, plannor1O, & land OUTV9yoTll eorn.r CounI;J1 lhIIla 100, 7400 'fom!ami 1InlI. N_ Ifop"', no :14108 (Nl)llIl'7-~111 LH Co=1;J1 IlulIa 101, I_ ~ ftlrMt, I'ort I(Jvo, no lIlIlIOl (Nl)3:17-~111 c:..ti&o.la of .luthorl.u.tIon N".. LB _ and 1m 3llU hx: (Nl)cllJ4-1lZO:I 04/10/06 ADD lURN OUT BY: GUY P. ADAMS, P.S.M. NO. 4390 SCALE: 1" = 150' DRAWN BY: JAN DATE: JULY 17. 200,2 CHECKED BY:~ PROJECT NO.: 7599-1 FILE NO: 8289 ACAD NO: 8289-837 EXHIBIT f} Page-=t. or4-- *** OR: 4195 PG: 0638 *** PROJECT: NO. 7599 PROJECT PARCEL NO:._ 837 TAX PARCEL NO. ____ SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED DRAINAGE & ACCESS EASEMENT PARCEL 837 ALL THA T PART OF TRACT B, LEL Y GOLF ESTA TES, UNIT NO.1, AS RECORDED IN PLA T BOOK 8, PAGE 49, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTlCULARY DESCRIBED AS FOLLOWS; BEGINNING A T THE NORTH'NEST CORNER OF SAID TRACT B; THENCE NORTH 89.32'18" EAST 7.40 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE SOUTH 89'39'41" EAST 22.60 FEET; THENCE SOUTH 0'26'59" 'NEST 64.00 FEET; THENCE SOUTH 37'31 '06" 'NEST 234.75 FEET; THENCE SOUTH 28'33'33" 'NEST 230.38 FEET TO THE BEGINNING OF A CIRCULAR CURVE: CONCA VE: NORTHEASTERL Y HA VlNG A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 72.58'11", A CHORD BEARING OF SOUTH 3516'22" EAST A CHORD DISTANCE OF 35.68 FEET, AN ARC DISTANCE OF 38.21 FEET; THENCE SOUTH 29.55'24" I1-'EST, 35.15 FEET TO THE ARC OF A CURVE: CONCA VE: SOUTHERLY HA VlNG A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 68/8'51", A CHORD BEARING OF NORTH 83'40'29" 'NEST A CHORD DISTANCE OF 33.69 FEET, AN ARC DISTANCE OF 35.77 FEET; THENCE SOUTH 28'33'33" 'NEST 390.11 FEET TO TRACT A; THENCE SOUTH 66.27'45" 'NEST ALONG TRACT A 32.56 FEET; THENCE NORTH 28'33'33" EAST ALONG TRACT B 983.90 FEET TO THE POINT OF BEGINNING OF THE DRAINAGE AND ACCESS EASEMENT HEREIN DESCRIBED. CONTAINING 26,26:9 SQUARE FEET OF LAND MORE OR LESS; ,: ~' ..... .... .... ..... ..... .11... ...... :::::: RUNDAGE,lNc, Professional engineers, planners, & land surveyors Collier County: Butte 1200. '14.00 Ta.miuni 'frllil. North: Nap].., rt 34108 (1U1}e07-:Hl1 Lee County: Suite 101, Ul2t'.i Hendry StJ-eet., Port 1Iyen, n 3,3go1 (1U1)~37-~111 Cert1t:lo_teI of AuthoriUtioD No.. IJJ 3t..fS.4 lmd EB ~ lax: (~1)6u 2203 04/10/06 ADD TURN OUT 09/05/06 ADDED AREA SHEET 2 OF 2 PREP AREO BY: I i I ~ Bt~ARINGS ARE BASED ON THE LELY GOLF ESTATES TRAl! T MAP PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FLORI P.S.M. NO. 4390 DATE: JULY 17. 2002- PROJECT NO.: 7599-1 ACAD NO: 8289-831 \ RIGHT-OF-WAY CONSENT AGREEMENT FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, ("Company"), hereby consents to Collier County, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, FL, 34112 ("Licensee") using an area within Company's right-of-way granted by that certain right-of-way agreement recorded in Official Records Book 194, Page 601, in the Public Records of Collier County, Florida. The said area within Company's right-of-way is hereinafter referred to as the "Lands". The use of the Lands by Licensee, shall be solely for the purpose of maintaining drainage and access facilities of a county owned canal situated adjacent to the Company's right-of-way and shown on the plans and specifications submitted by Licensee, attached hereto as Exhibit "A". In consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time-to-time may require Licensee, to relocate, alter, or remove its facilities and equipment, including parking spaces and areas, and other improvements made by Licensee pursuant to this agreement which interfere with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other improvements within thirty (30) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any reason, fail to make said relocation, alteration, or removal, Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. 3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defmed in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]), petroleum products, liquids or flammables shall be placed on, under, transported across, or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost and expense, correct such condition or situation; provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement. 4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery on the Lands capable of extending Page 1 of 5 Form 3740 Rev. 10/9/95 ,-~-:;--- \.. 1 greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. 5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one (1) foot below existing road grade. 8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Company's facilities. 9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris. Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping, and Licensee agrees to notify its employees, agents, contractors, and invitees accordingly. 10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for its purposes. 11. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation, rearrangement or change. 12. Each party hereto agrees that it shall be responsible for its own negligent acts or omISSIons. Nothing contained in the Section shall be construed to be a waiver of any protections under sovereign immunity, Section 768.28, Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this agreement. 13. Licensee is self insured for all liability claims and related expenses pursuant to the provisions of Florida Statute 768.28. 14. This agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety (90) days written notice by Company to Licensee, or at the option of Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. 15. The use granted herein as shown on Exhibit "A" shall be under construction by Licensee within three (3) years of the effective date of this agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days prior written notice of its commencement of construction. "Under construction" is the continuous physical activity of Form 3740 Rev. 10/9/95 ....~ ~~, \'~ ') Page 2 of 5 placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, purchasing construction materials, placing such construction materials on the site, clearing or grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of two (2) months or more. Licensee acknowledges that failure to have the use under construction within the three (3) year time period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein unless Company grants a written extension for a mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee no later than thirty (30) days prior to the expiration of the three (3) year period for the project to be under construction. 16. The term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s) and the obligations contained herein shall be absolute and primary and shall be complete and binding as to each, including its successors and assigns, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. 17. Should any provision of this agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. In the event of any litigation arising out of enforcement of this agreement, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees. 18. Licensee may assign its rights and obligations under this agreement to a solvent party upon prior written consent of the company, which consent shall not be unreasonably withheld. 19. This Agreement includes and is subject to the provisions described on the attached Addendum. "..-The parties have executed this Right-of-Way Consent Agreement this ~ day of y~ ,20~. 2/2~1 01 Dated: Witnesses for Company: Company: FLORIDA POWER & LIGHT COMPANY, A Florida corporation ~~:f4~ ~~~ Name: jc~LLV S L.-OP~1- ~~~ By: Title: Sr. Corporate Real Estate Representative Name: /1AR(< 5. 2-tA/(~f Page 3 of 5 -~ Form 3740 Rev. 10/9/95 !~\~ 'x: <. \ Y Dated: ~ rA.- f,,;,o () t I ATTEST: DWIGHT E. BROCK, Clerk Licensee: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: iliJ~i '~ex # _ . At~st ..<tb I2f1t~e1f ,i. 119ftltuft GAll! By: ~~ o" . ames 0 e a, Chairman Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Page 4 of 5 Form 3740 Rev, 10/9/95 '~~ -v\ \ " J ADDENDUM · No excavation will be done from the Lands · During the term of this Agreement, as well as at conclusion of Licensee's use, all areas will be restored to as good or better condition as existed prior to Licensee use to facilitate Company's continuous access. · If necessary, Company may require installation of Jersey barricades around down guys and anchors to protect said facilities from being struck or damaged. · Licensee will notify Company one week prior to commencement of work to schedule safety meeting. Page 5 of 5 r____ ~~ Form 3740 Rev. 10/9/9' 1I~ ) 1 \(,. ~ :I"! ., 'I PROJECT: NO. 7599 PROJECT PARCEL NO: 836 TAX PARCEL NO. 1 EXHIBIT A Page- I ~f. -1 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, PLORIDA SKETCH OF' COUNTY DRAINAGE & ACCESS EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF COUNTY DRAINAGE & ACCESS EASEMENT) ~ .h~~ O. ~ f\LMS -- (.'((. P -"BUC\< ONOO . C @ . "<:t- . r-r:i ~ . .... 'Q': @ CID "'C o 0::: f::! ~ 0::. Q: ~. a:: C:J ~ L5 g:: en >- ltJ -J -J . ~.: LJ @) (IDeo ~C\J LJ 0 ~ vi ~ a l.[) ~ I- O'J ...-. <: 0 @ r::: () bJ PREP ARED BY: LEL Y GOLF' ESTATES UNIT NO, 1 (P.B. 8, PG, 49) \ \ \ \ \ \.r '-"'0 '0)". '~ ", I, I "" A'" I' , I ' ?? " "I- IOJ " 0- " 0:-11') , ^' , cd Ir--: ,;.<) " t'::J ..... 'c:f!.. , try 1"1- U-. " (' , }>-l I~ C) S2 ", <:11". ", '~O'l ~ , \J~ '- . I~ 1-:<: "~~', ~ IP 3; 3; ", ~/- " d I~ ~ ~ Cf) "" "'" I I en !-w...--", " " r- a ' , LJ I I ~ Q C\J '-', ", eo . <'f" <'f" , , I'<J "'C ..... en ..... cj' , CQ I- ltJ ~ Q ", ", ~ () lJ.. I- " " ~ <'f" -J () ~ 8, " '-I.J LJ .....0 CQ , , o . I g: 0 "'C ", ' a:: C:J g: a::i " "'C I >-. , Q CJ I --.J .e:. ", en Cf) lLJ , o I f::! a -J ", Q. I " o I ~ Q C\J " 0::: -J en "'C . I--Q I I-lJJ~0 C5 I ()Lr...I-Q CJ I "'C -J () ~ U) p::: 0 "'C CQ @ L5 I J-.::0p::: . s:: I >- J-.:: ~ ~ I -J-e:.. ~ I ::J ~ I Cl::: a I I ~ I- o "'C g: LINE L1 L2 L3 LINE TABLE LENGTH .32.56 1.3..30 27.41 BEARING N 66.27'47" E S 01'09'.37" W N 01"09'.37" E ....&3 :::: GNOU ..... ::::: t\RBER Be ......13 ...... ...... RUNDAGE.DlC. Professional engineers, planners, &: land surveyors com"" count,y: Bullo 200, 7~ TomWnl '!'roll, North, Napl.., n. MIOS (g;c,1)SV7-8111 Lee Count,y: Bullo 101, nBS Uendr7 stro.... Port 1ol7vw, n. 8lI1101 (g;c,1)887-8111 Certit:laate 01 .lutl:1omaUon No.. LB :lft6.4. and D 3G64. I'D:; (U41)5oe-220:I SHEET 1 OF 2 BY: GUY P. ADAMS, P.S.M. SCALE: 1" = 150' DRAWN BY: JAN CHECKED BY:~ FILE NO: 8289 NO. 4390 DATE: JULY 17.::1 ;:-l. PROJECT NO,:~ ~~ ACAD .NO: 8289- \>~ 'V EXHIBIT A Page.d. ~:_ ~ PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. 7599 836 1 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FlORIDA LEGAL DESCRIPTION PROPOSED DRAINAGE AND ACCESS EASEMENT PARCEL 836 ALL THA T PART OF TRACT A, LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEGINNING A T THE NORTH CORNER OF TRACT L, LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED IN PLA T BOOK 8, PAGE 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 48.01'29" E A DISTANCE OF 376.84 FEET TO TRACT B; THENCE N 66"27'47" E ALONG TRACT B A DISTANCE OF 32.56 FEET; THENCE S 01'09'37" W A DISTANCE OF 13.30 FEET; THENCE S 48.01'29" W A DISTANCE OF 417.38 FEET TO TRACT L; THENCE N 01.09'37" E A DISTANCE OF 27.41 FEET ALONG TRACT L TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED. CONTAINING 8139 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ... . .... ....<:',:i?.::~~~<'\ ..- ,~. .-'. ,,:;~{~;t ~~- ". ~ -. . !._:~~j ~.r.'''J t. :, ..,\ .~7 7 r~. _ _. ,_ it <~/J} ~. ~. "'. i.. :'~~'l'~'I'\ PREP ARED BY: ~ BEARINGS ARE BASED ON THE LEL Y GOLF ESrA IES TRACt I AP PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA REVISION: 04 10 06 ADDED A.E. 09 05 06 ADDED AREA 10 30 06 REV. EASE. 01/04/07 REV. DESC. BY: SHEET 2 OF 2 ....!I\. ::::tlGNOLI .....13 ====: :AREER & ......13 ...... . ...... RUND:AGE,INo. Professional engineers, planners, & land surveyors ColUer County; Su{le 200, 7",00 Tal11iami Trill. North; Naple., FL 5"108 (94t)r597-3111 Lee Count,.: Suite 101. l~215 Hendry Su<eet, Fort l(yera, FL 33001 (94-1)537-3111 CerUIlo.to 01 Aut.horluUon No.. LB 3CC4 and EB 3CC4 Pax. (QU)CCC-2203 GUY P. SCALE: N. T. DRAWN BY: J N CHECKED BY: GPA FILE NO: 8289 P.S.M. NO. 4390 DATE: JULY 17 \~ t PROJECT NO.:_ '\ ~~ ACAD NO:-.ll2i -L \ t;; EXHIBIT A ~C3 of;;' PROJECT: NO. PROJECT PARCEL NO: TAX PARCEL NO. 7599 837 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF COUNTY DRAINAGE & ACCESS EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF COUNTY DRAINAGE EASEMENT) .~ .~- ,'0 . ..' U)., POINT OF & ~~ "t)~ BEGINNING ~~~ 4'~~()l5',!,~~ ~ ~0 ,,0 <v~ c,<V ~~ ~ '"9'~_~~ ?... ~ ?~ v~ LINE TABLE LINE LENGTH L1 35.15 S 29.55'24" W @ CID I- as ~ C/) ~ t5 ~ ~ Q TR ACT A LEL Y GOLF ESTA TES TRACT MAP (P. B. 8, PG. 20) ~ ~). CURVE C1 (;2 DELTA 72.58'11" 68'8'51" CURVE TABLE RADIUS ARC 30.00 38.21 30.00 35.77 CHORD CHORD BEARING 35.68 S 3516'22" E 33.69 N 83.40'29" W SHEET 1 OF 2 PREPARED BY: 04/10/06 ADD WRN OUT BY: ..... .... .... ::::: t ..... ...... :::::: UNDAGE~ Professional angineaI'll, plAnnBI'lII, lie land SUl"l'eyoI'll eom.r ewn"", fhdtAl 100, "00 'I'omIomI. frolJ. Ilorth; Iflll'*, J'L UIOII (N'E-SU' 1M eo...."", fhdtAl 101, 1_ B.nd:t7 lllnet, I'\>ri ~ J'L _I (NI 7-SUI CerW10atAl of "'-...u..n N... LD _ uut D _ J'u: (NI _ GUY P. ADAMS, P.S.M. SCALE: 1" - 150' DRA~ BY: JAN CHECKED 8Y:~ FILE NO: 8289 NO. 4390 '~,..........,~ ......,.... -.----- DATE: JULY 17. ~I..~.l ~-- PROJECT NO.:~ ~~ ACAD NO: 8289-.' 'lI~ ,. EXHIBIT ;4 P8ge--=L of 4- ~;~ PROJECT: NO. 7599 PROJECT PARCEL NO: _ 837 TAX PARCEL NO. _ SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED DRAINAGE & ACCESS EASEMENT PARCEL 837 ALL 71-/A T PART OF TRACT B, LEL Y GOLF ESTA TES, UNIT NO.1, AS RECORDED IN PLA T BOOK 8, PAGE 49, OF 71-/E PUBLIC RECORDS OF COLLfER COUNTY, FLORIDA BEING MORE PARTlCULARY DESCRIBED AS FOLLOWS; BEGINNING A T THE NOR71-/WEST CORNER OF SAID TRACT B; THENCE NOR71-/ 89'32'18" EAST 7.40 FEET TO 71-/E NOR71-/ QUARTER CORNER OF SAID SECTION 19, TOWNSHIP 50 SOU71-/, RANGE 26 EAST; THENCE SOUTH 89'39'41" EAST 22.60 FEET; 71-/ENCE SOU71-/ 0'26'59" WEST 64.00 FEET; THENCE SOUTH 37'31 '06" WEST 234.75 FEET; 71-/ENCE SOU71-/ 28'33'33" WEST 230.38 FEET TO 71-/E BEGINNING OF A CIRCULAR CURVE CONCA VE NOR 71-/EASTERL Y HA VlNG A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 72'58'11", A CHORD BEARING OF SOU71-/ 35'16'22" EAST A CHORD DISTANCE OF 35.68 FEET, AN ARC DISTANCE OF 38.21 FEET; 71-/ENCE SOU71-/ 29'55'24" WEST, 35.15 FEET TO 71-/E ARC OF A CURVE: CONCA VE: SOUTHERLY HA VlNG A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 68,8'51", A CHORD BEARING OF NOR71-/ 83'40'29" WEST A CHORD DISTANCE OF 33.69 FEET, AN ARC DISTANCE OF 35.77 FEET; 71-/ENCE SOU71-/ 28'33'33" WEST 390.11 FEET TO TRACT A; THENCE SOUTH 66'27'45" WEST ALONG TRACT A 32.56 FEET; THENCE NORTH 28'33'33" EAST ALONG TRACT B 983.90 FEET TO 71-/E POINT OF BEGINNING OF THE DRAINAGE AND ACCESS EASEMENT HEREIN DESCRIBED. CONTAINING 26,269 SQUARE FEET OF LAND MORE OR LESS; .,",' ~5.'\! '~ ~ ;! ~ : :- ~:r : J!' ~ ;,'.-\. " -, ....,,- . ;. ". "' '.':".. ~ ..\ ."'. .. ~,' .'~' /' . ~-~ /. - '" ..... ....... .... ':~ '",. " ~ ~;...: t'. :' I ':~l " -,.' '. -,-' -. '.. ... - .~ "'/" '.' l' " I,.: F .' ~ J';: 1 ' to '.1,;: . ..... ...11 .... ..... ..... ..... ...... :::::: RUNDAGE,lNc, Professional engineers. planners, & land surveyors Colli.r COUIlt,yr Bulle 2011, 74011 TamIamI Trlll. North, Nopl... PL 34108 (1141)5;7-8111 Leo Counl,y, Bulle 101, 18215 Hondry 8t.reot, Port !(Ten. PL 331101 (1141)337-8111 Certlttoole of !uUlori..Uon No.. Lll 811&4 IUld 1m 3M( PUl (1U1)l5u-2203 f I BEARINGS ARE BASED ON THE LELY GOLF ESTATES TR II T MAP PLA T BOOK 8, PAGE 20, COLLfER COUNTY, FLORI 04/10/06 ADD TURN OUT 09/05/06 ADDED AREA BY: SHEET 2 OF 2 PREP ARED BY; GUY p. I.A SCALE: DRAWN BY: CHECKED BY: FILE NO: P.S.M. NO. 499Jl DATE: JULY 17. ~ ~ PROJECT NO.:-Z! r\: ACAD NO: 828!t- i " '"