Agenda 04/14/2026 Item #16B1 (To Release a Subordination of County Utility Interests related to a FDOT F.P.4415121 Parcel 800.2)4/14/2026
Item # 16.B.1
ID# 2026-531
Executive Summary
Recommendation to accept and execute a Release of Subordination of County Utility Interests related to a subordination
in favor of the Florida Department of Transportation (FDOT) for a site located on State Road 45 (U.S. 41), near the
Oakmont Parkway, lying within the Pelican Bay Community (Unit 16) in Collier County, Florida, F.P. No. 4415121,
Parcel 800.2, recorded in Official Records Book 6500, Pages 3509-3514.
OBJECTIVE: To release a Subordination of County Utility Interests (OR BK 6500 PG 3509), which was granted to an
FDOT project related to road construction and/or upgrades. FDOT has advised that the Subordination is no longer
required; and therefore, wishes to release its subordinated interests to the County.
CONSIDERATIONS: FDOT previously requested that the Collier County Water-Sewer District subordinate its utility
interests in favor of FDOT for highway construction and/or upgrade purposes and was willing to pay to relocate utility
infrastructure to prevent conflicts between roadways and utility facilities. That Subordination was granted in August
2025, and recorded in Official Record Book 6500, Pages 3509-3514. However, FDOT recently notified the County that
it no longer holds or claims any right, title, or interest in or to the property described in the Subordination. In order to
avoid any confusion related to the County’s interests and avoid having to reestablish County priority later, a Release of
Subordination of County Interests has been prepared for execution by the Board.
The subordinated utility interests are located on the site owned by Pelican Bay Unit Sixteen, Plat Book 18, Pages 35-36,
with Dedications to the Collier County Water-Sewer District at U.S. 41 and Oakmont Parkway, referenced in the
Oakmont Parkway Extension Replat, Plat Book 21, Page 77.
A legal description of the property being released is attached as Exhibit “A” to this Executive Summary, and also to the
Release of Subordination itself. An aerial view of the defined area on the parent parcel to be released is also attached,
but only as a visual reference.
Upon recordation of the Release of Subordination, the County’s utility interests will return to their pre-subordination
status, and the recorded Subordination will no longer apply to the affected area.
This item is consistent with the Collier County strategic plan objective to develop and utilize partnerships to ensure that
government facilities and infrastructure meet the needs of our community.
FISCAL IMPACT: There will be no fiscal impact for recording the Release of Subordination of County Utility
Interests as those costs will be paid by FDOT.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the
adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item has been reviewed and approved for form and legality and requires a
majority vote for approval. - SAA
RECOMMENDATION(S): That 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:
1. Accept the Release the Subordination of County Utility Interests from FDOT;
2. Approve and authorize the Chairman to execute the attached Release of Subordination of County Utility Interests and
any and all other County Attorney’s Office approved documents related to this transaction;
3. Direct the County Manager or his designee to proceed to follow all appropriate closing procedures, and to have FDOT
record the Release of Subordination of County Utility Interests in the Public Records of Collier County, Florida.
PREPARED BY: Deborah K. Goodaker, Property Acquisition Specialist II
Page 643 of 3203
4/14/2026
Item # 16.B.1
ID# 2026-531
ATTACHMENTS:
1. Exhibit A_001
2. Release of Subordination w-Exh_001
3. Aerial Map w-approx location_001
Page 644 of 3203
F.P. NO 4415121
SECTTON 03010-000
PARCEL 80fi
PERPETUAi. EASEIIENT
Th6t porlion ot Paroel 'TwD". Oakmonl Parkway Extension. a subd jvision lyrng in
Section 33. Township 48 South, Range 25 East, as p€r plal thsreof rscord€d in Plat
Book 21, Page 77. Public Rscords ot Collkr County. Ftorids.
Being described as follows
Commence at lhe Boutheasl mrner of the southeasl t/4 of said SBction 33i lhBnoe
along tlrc south line ot said rcuth€ast 1/4, Nodr 89'39'C5" W6st a disl,a n* ol 51.93 fpst
lo tho survBy baselino of Steto Road 45 (U.S, .11), rhsncc along said survsy baseline
Ncrth 00'39'06'Wesl a distance of 749.97 feet; theFc€ Soulh 89'20'54" Wsst a
distance of 98 71 feel to the we$l existirg o0ht of way line of saad State Road 45 (per
Sec{ion 03010-2568) and to the east line ol sard Parcel 'Two" and to the beginning oa a
curve havrng a radlrs o{ 50.00 teel for a POINT OF BEGINNING: thenc€ slong said
rvesl exBtng right ol way line and said east line the arc of said cunE to the righl a
dislance ot 23-11 la€l through a c€ntral engle of 26"29'02' wilh a chord baaring SoJth
23'30'35'Werl and a chord distencc ot 22.91 feet to tho €fld of seld curvs; lhgnco
North 00'39'O6' West a distance of 20,90 fs€l: thenc€ North 89"20'54" Easl a dislance
of 9 38 Lat to the POINT OF BEGINNING.
Conlainrng 118 square feet
LEgel Descripl,ion Approved by
Wtfredo A. Alfonzo P.S.M. *7107
On Norernber 1, 2024
(c
E\IIII}I A
Page 645 of 3203
This instument prepared by
Office of the County Attomey
3329 East Tamiami Trail, Suite 800
Naples, FL 34 I l2-5749
Phone: (239) 252-8400
Facsimile: (239) 593- 1309
F.P. No. 441 I 5 l2 I
PARCEL 800.2
SECTION 030 r0-000
STATE ROAD 45 (U.S. 4 r )
COUNTY COLLIER
THIS RELEASE OF SUBORDINATION is made and entered into this _ day of
. 2026. by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT'), whose post oftlce address is: Post Office Box 1249, Bartow,
Florida 33831-1249, and 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 COLINTY WATER-SEWER
DISTRICT ("County").
WITNESSE-fH:
WHERLAS. by that ce(ain Subordination of County Utility Interests recorded in Ofllcial
Records Book 6500, Page 3509. of the Public Records ol Collier County, Florida
("Subordination"). the County subordinated certain utility interests in favor of FDOT; and
WHEREAS, FDOT no longer holds or claims any right, title, or interest in or to the
property described in said Subordination and attached hereto as Exhibit A; and
WHEREAS, the parties desire to release and terminate said Subordination and restore the
County's utility interests to their full, unsubordinated status;
NOW. THEREFORE. in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged. the Parties agree as
follows:
1. FDOT does hereby release, cancel, and terminate the above-referenced
Subordination ofCounty Utility Interests. and declares the same to be ofno f'urther force or etTect.
2. The County's utility interests are hereby restored to the same priority and standing
as existed immediately prior to the execution ofthe Subordination.
ISIGNATURES ON FOLLOWING PAGEI
@
RIiI-IIASE OF STIBORDINA'TION OI' COLNTY T]TILITY INTE,IIESTS
Page 646 of 3203
* Witness Mailing Address:
IN WITNESS WHEREOF. the parties have executed this Release as of the date first above
written.
AS TO FDOT:
WITNESSES
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
B),
Legibly Print/Type Name District Secretary/Designee for
District One
Post Office Box 1249
Bartow. FL 33831-1249
Post Olllce Box I249
Barlou'FL 33831-1249
Legal Review:
(SEAL}
Departnrent Attomey
Legibly Print/Type Name
{Witness Mailing Address:
Post OlIce Box 1249
Barto\\i FL 33831-1249
* ln accordance with Florida Statute 695.2 6, t/ective Jan. I , 2024, names and addresses ofw itnesses must be legibly
printed, typed or stampedfor the clerk of court to qccept this tlocument for recording.
STATE OF
COUN Y OF
The foregoing instrument was acknowledged before me by means of physical presence or __ online
notarization, this day of , 20_, bv
a Corporation, on behalf of the Corporation, who is personally known to me or who has
as identification.produced
Notary Public in and for the Conty and State last aforesaid. My
Commission Expires:Serial No., ifany
@
Name;
Page 647 of 3203
AS TO COUNTY
ATTEST:
CRYSTAL K. KINZEL. CLERK OF THE
CIRCUIT COURT & COMPTROLLER
. Deputy Clerk
llr
Dan Kovval- Chairman
Sally A. Ashkar
Assistant County Attomey Y"lzb
BOARD OF COUNTY COMMISSIONERS
COI-LIER COUNTY. FLORIDA
Approved as to form and legality:
o
Page 648 of 3203
F,P. NO.4415121
SECTTON 03010-C00
PARCEL 8OO
lr:,ri,F I tlA. r-.a"il- l!'Fl\ I
Tful portion o, Parcel 'Two", Oakmoot Parkway Extension. a subd;vision lyrng in
Section 33, Township 48 Sorth, Range 25 East, as per plat thereot recorded in Plat
Booh 21. Page 77, Public R€cord$ of Collbr Coonly. F[arida,
BEing described as follows
Commelce al the southeag mrner ol tl'e southeasl l/4 of gaid Section 33; thcnc€
along &le south line ot said routheast 1/4, Nor$ 89"39'C5" West a dlstanoe of 51 .93 fest
lo th€ survey baseline of Slele Road 45 (U.S. 41), thGncc along said survsy baselin€
Ncrth 00'39'06" Wesl e disrancs ol 749.97 re6t: thence Soulh 89'20'54" West a
drstan0e of 96 71 feer to the wesl exi$ing ,rght of way line ot said State Road 45 {pe.
Sestion 03010-2568) and lo the east line ol sard Parcel 'Trvo" and to the beginning o. a
curu6 having a radrus ol 50 C0 leel for a POINT OF EEGINNING: thenc€ along said
rv€st exrshng right of vray lin€ and said e€st line the arc of said curve to the right a
dislance of 23.11 lset through a contral angle of 26"29'02" with a chord baaring Sorth
23'30'35'Wesl and e chodd distance ot 22.91 f*l lo ths €rid of Beid cun e; thencs
Horth 00'39'06" West a dastancs oJ 20.90 feetl thencs North 89'20'54" East a dlttance
of I 38 feet lo the POINT OF BEGINNING.
Containing 118 square feet
Legal Description Approved f,y
Wffrsdo A. Altonzo P,S"M. #7107
On Nov,e mber 1. 2024
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Page 649 of 3203
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