Parcel 177SDUE PROJECT: Collier Blvd.Project No. 68056 INSTR 4966605 OR 5025 PG 1097
RECORDED 4/9/2014 3:06 PM PAGES 3
Parcel 177SDUE DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
This instrument prepared by: REC$27.00
fY1.44e A. Sy6AS
Florida Power&Light Company
P.O.Box 1119
Sarasota,FL 34230-1119
SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT, entered into this 74 day ofAle/L. , 2014, by and between COLLIER COUNTY, a
political subdivision of the State of Florida, hereinafter c lled the "County", and FLORIDA POWER & LIGHT
COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter
called"Utility".
WITNESETH:
WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for slope,
drainage and utility purposes;and
WHEREAS,the proposed use of these lands for slope,drainage and utility purposes will require subordination of the
interest claimed in such lands by Utility to the County;and
WHEREAS,the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of-
way to prevent conflict between the County's use and the Utility's use,and for the benefit of each,and
WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future
relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit"A", attached
hereto and made a part hereof,
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the
County agree as follows:
UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto
and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving,
maintaining and operating a road over,through,upon,and/or across such lands,based on the following:
NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE
Easement 01/05/2009 O.R.Book 4418,pages 140 et seq.
The County and the Utility further agree that:
1. "Public right-of-way", as used herein,shall mean that area which is described in Exhibit"A" and which includes the
Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A",
attached hereto and made a part hereof.
2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate
facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's
current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation
of facilities within the public right-of-way will be subject to prior approval by the County.
3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be
reimbursed,either now or in the future,for additional relocation or adjustment of its facilities located presently or to
be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present
or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring
replacement easements.
4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in
Paragraph 2 above, including the right to trim such trees,brush, and growth which might endanger or interfere with
such facilities. The County shall provide and insure access to said lands by the Utility.
5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage
resulting from the Utility exercising its rights to construct, operate,maintain, improve, add to, upgrade or remove its
facilities on the said public right-of-way.
6. This Agreement shall not be assigned by the County except to the State of Florida.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.MOCK,Clerk COLLIER COUNTY, F ORIDA
A
BY• Irma i Attest as lv L�tdl4Marl S ,Deputy Clerk OM HENNING,CH•L A 'N
•
signature t ►
Signed, sealed and delivered FLORIDA POWER&LIGHT COMPANY
in the pres-nce of:
By: . •_. (...- 0(C- By: 7-7/ -2-ii="\//:.--2_,
Title: West Area Real Estnager
Pri- N.."-4 1// / b , . ( a ' Print Name: Mark L. Byers
By: � , / ---.-_.__
/� 4 1/V (Corp. Seal)
print Name: / �II-E 4
STATE OF FLORIDA, COUNTY OF SARASOTA
I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally
appeared Mark L. Byers, to me known and personally known to me to be the person described in, and did not take an oath
and who executed the foregoing instrument as the West Area Real Estate Manager of the Florida Power & Light Company
and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation.
4..b
WITNESS my hand and official seal in the County and State aforesaid th. ,d1 day of mAtt4,2014.
(affix notarial seal) . .&,-6_,
( . nature of Notary Public)
/44 iA 1i /r1 CZ-
„..;;;;;;
` P°(� LILLIAN M COLE (Print Name of Notary Public)
-'! T. ” MY COMMISSION#FF060669
` '' Serial I Commission# (if any):
'•'�oFncf:,` EXPIRES October 7,2017
(407)398-0153 FloridaNAtarySewice.corn
My Commission Expires:
Approved as to form and legality:
dh
I.u A.�.. .4•
1
Assistant Coun Attorney
2
FPL Subordination Agreement
Last revised:03/20/2013
CA9
ABBREVIATIONS
O.R. - OFFICIAL RECORDS EXHIBIT "A"
PG. = PAGE
P.B. = PLAT BOOK
POB = POINT OF BEGINNING
R/W = RIGHT OF WAY
L �
PINE RIDGE ROAD TIT 11R-9e
NO0'29'08"W N89'31.37"E NOB CORNER R/W LINE
11.00' 137.92' OF TRACT "4" /PER PLAT
J-/ H
I////11/17// SO0'29'15"E r
S89'31'35"W 11.00'
r--' 137.92'
1,517 SF a
FIFTH THIRD BANK SEMBLER FAMILY PARTNERSHIP
PARCEL NO. 24825000083 PARCEL NO. 24825000122
TRACT"4" TRACT"5a
U
l
W ` E
SEMBLER FAMILY PARTNERSHIP
PARCEL NO. 24825000025
s TRACT e9"
s, BROOKS WILLARE
LEGAL DESCRIPTION FOR PARCEL 177SDUE
A PORTION OF TRACT "4", AS SHOWN ON THE PLAT OF BROOKS VILLAGE, RECORDED IN PLAT BOOK 49, PAGE 27 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF TRACT "4", AS SHOWN ON THE PLAT OF BROOKS VILLAGE, RECORDED IN
PLAT BOOK 49, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE EASTERLY BOUNDARY OF SAID TRACT "4", SO0'29'15"E FOR 11.00 FEET;
THENCE LEAVING THE EASTERLY BOUNDARY OF SAID TRACT "4", S89'31'35"W FOR 137.92 FEET;
THENCE NO0'29'08"W FOR 11.00 FEET, TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT "4";
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT "4", N89'31'37"E FOR 137.92 FEET, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 1,517 SQUARE FEET MORE OR LESS.
TECM-ROW
NOV 14 2013 �iti
S3
MICHAEL A. WARD, PROFESSIONA LAN LAN SURVEYOR
FLORIDA REGISTRATION CERTIFICA NO. 5301
SKETCH & DESCRIPTION ONLY SIGNING DATE:
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE&RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
November 14,2013 10:12 AU K:\2005\050108.02.02—AddN Svveying—Green At Colder WS,d\AddWUand RDUEs\2013-11-13 AdStiond Sketdr And Daxriptions\177SLDEdeg
COLLIER BOULEVARD `A
SKETCH & DESCRIPTION OF: SLOPE, UIIITTY AND DRAINAGE EASEMENT Nsinve
PARCEL 177SDUE 6510 Willow Park Drive.Suite 200
COLLIER COUNTY, FLORIDA Naplae.Florida 9mm09
Phone:1299)597•575 FAX:1239)597-0578
LB No.:8952
JOB NUMBER REVISION l SECTION TOWNSHIP] RANGE I SCALE DATE DRAWN BY SHEET
050106.02.02 I 0 I 15 I 49 1 26 1" = 100' 11/14/13 I I R.A.K. 1 OF 1
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