FPLPROJECT: Livingston Road
PARCEL NO: 165 / 765 & 166 / 766
Florida Power & Light Release
2893224 OR: 2933 PG: 2293
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
11/30/200I at 01:36PM DWIGHT E. BROCK, CLERK
Retn:
REAL PROPER?¥
INTER OFFICE
COPIES
51,00
11.00
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT, entered into this,,~ day of '~)~.,~. ,2001, by and
between COLLIER COUNTY, a political subdivision of the State of Florida, its successors
and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112,
hereinafter called "County", and FLORIDA POWER & LIGHT COMPANY, a Florida
corporation, by its undersigned officers who have been duly authorized by the corporation
to execute this Subordination, whose mailing address is 4105 SW 15th Avenue
Naples, Florida 34116, hereinafter called "Utility."
WITNESSETH:
WHEREAS, the Utility presently has an interest in certain lands that have been
determined necessary for road right-of-way, utility, drainage and maintenance purposes;
and
WHEREAS, the proposed use of these lands for road right-of-way, utility, drainage
and maintenance purposes will require subordination of the interest claimed in such lands
by Utility to the County, and at the request of the County, the Utility has agreed, subject to
the following conditions, to relocate its facilities from the Utility's easement lands onto
public right-of-way, or has agreed to leave its facilities on the subordinated lands
(hereinafter jointly referred to as "Lands" and depicted in Exhibit A attached hereto); and
WHEREAS, the County is willing to pay to have the Utility's facilities relocated, if
necessary, to prevent conflict between the facilities so that the benefits of each may be
retained;
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, Utility and County agree as follows:
Utility subordinates any and all of its interest in the Lands described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF
to the interest of the County, its successors or assigns, for the purpose of constructing,
improving, maintaining and operating road right-of-way, utility, drainage and maintenance
purposes, over, through, upon and/or across such Lands, including, but not limited to, the
claim of interest based on the following:
Nature of From or
Encumbrance Date Aqainst In Favor Of Recorded
Easement 01/06/81
Easement 01/06/81
Wyndemere Farms
Development, Inc.
Wyndemere Farms
Development, Inc.
Florida Power &
Light Company
Florida Power &
Light Company
Plat Book 13,
Pages 3-7
Plat Book 13,
Pages 8-12
OR: 2933 PC: 2294
Easement 01/06/81
Easement 06/04/82
Easement 12/29/87
Wyndemere Farms
Development, Inc.
Wyndemere Farms
Development Co., Inc.
Wyndemere Farms
Development Co., Inc.
Florida Power &
Light Company
Florida Power &
Light Company
Florida Power &
Light Company
Plat Book 13,
Pages 39-43
O.R. Book 983,
Page 1665
O.R. Book 1417,
Page 2344
PROVIDED that the following rights are granted to Utility:
1. The Utility shall have the right to construct, operate, maintain, improve, add to,
upgrade, remove, and relocate facilities on, within, and upon all Lands in accordance with
the County's current minimum standards for such facilities. Any construction or relocation
of facilities within the Lands will be subject to prior approval by the County. Should the
County require the Utility to alter, adjust, or relocate its facilities from or within said Lands,
the County hereby agrees to pay the cost of such alteration, adjustment, or relocation,
including, but not limited to, the cost of acquiring appropriate easements.
2. The Utility shall have a reasonable right to enter upon the Lands for the
purposes outlined in paragraph 1 above, including the right to trim such trees, brush, and
growth which might endanger or interfere with such facilities, provided that such rights do
not interfere with the operation and safety of the County's facilities.
3. The Utility agrees to repair any damage to the County's facilities and to
indemnify the County against any loss or damage resulting from the Utility's exercise of its
rights as outlined in paragraphs 1 and 2 above.
4. These terms and conditions shall be attached as an addendum to the permit, if
any, required by the County for relocation of the Utility's facilities within the said Lands.
5. This Agreement is not assignable except to the State of Florida for the use and
benefit of the County in connection with the Utility's installation and maintenance described
above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day a~d'9'ear.~i~..t above written.
DW~IG HT. 15 Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,'Deputy Clerk JAMES .l~.~ARTE~-pH.D.,~3hairman
Attest ~ t~ Ch41r~ml'S
Approved as to form a~lll~;llrl
.~~:~sufficiency:
Ellen T. Chadwell
Assistant County Attorney
OR: 2933 PG: 2295
Signed, sealed and delivered
in our presence as witnesses:
WITNESS (Sig~nature)
(Print or T.~pe)
WITNESS (Signature)
Name:
Donna M. Rodcbaugh
(Print or Type)
FLORIDA POWER & LIGHT COMPANY,
a Florida corporation
By:
& Assistant Secretary ~
Attest: (Seal)
, Secretary
STATE OF
COUNTY OF
The foregoing Subordination of Utilitiesf~¢~ ~;kn..qwledged before me this q ~4~ day
of 3")q~U.~L , 2001 by ...... , ,,.o ...... ,.~ , ,~o,,,~,,,,,-.~ · ~,
on behalf %f FLORIDA POWER & LIGHT COMPANY, a Florida corporation, who is
personally known to me or who has produced as identification.
WITNESS my hand and official seal this q~/'L day of .~//z~
I
,2001.
(Affix notarial seal)
(Signature of Notary)
(Print Name of Notary)
Commission #
My Commission Expires:
I
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE,
UTILITY & MAINT. EASEMENT
OR: 2933 PG: 2296
PROJECT: NO. 60071
PROJECT PARCEL
TAX PARCEL NO.
SECTION 19, TOWNSHIP 49 SOUTH, RANGE
COLLIER COUNTY, FLORIDA
SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SUR.VEY)
(SEE SHEET 2 OF 2 ~'OR DESCRIPTION OF RIGHT-OF-WAy PARCEL)
EAST-WEST ONE-OUARTERJ I I
SECTION LINE
8
26 EAST
SECTION LINE
,* I . .o ~ ~ . ~ ~ ~ ~ / SCA[~: ~" = ~0'
II
I05' EXISTIN u~
LI~NCSrON ROAO .I I~
COUNTY ROAOWA Y '1 I~
EASEMENT I~
803; PG, ~845) I~
/ ~ ~ I
8 ~ ~ LINE DAtA
m[[ ~ L2 S 00'09'38"E 5J4.41
L3 N 12~4'43"E 34.91
L4 N 00"09'38"W 612. 93
L5 S 89"50'22"W 7.50
BEARINGS ARE BASED ON THE FLORIDA STA~ PLAN COOROINA~ SYS~M,
SC LE Q . . .
~ A.~.~. No,. a ~ =, n M. ,~ (,.~-noo FILE ~ 7274 ACAD' NO' 7274-7
SECTION 19,
OR: 2933 PG: 2297
PROJECT: NO, 60071
PROJECT PARCEL_NO: ~
TAX PARCEL NO.~
TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION OF RIGHT-OF-WAY PARCEL
ALL THAT PART OF PARCEL "C" ACCORDING TO THE WYNOEMERE TRACT MAP,
AS RECORDED IN PLAT BOOK 13, PAGES 3 THROUGH 7, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH
00'09'38" EAST ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF
534.41 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING
DESCRIBED;
THENCE CONI1NUE SOUTH 00'09'38" EAST ALONG 5AID WEST LINE OF SAID
SECTION 19, A DISTANCE OF 647.02 FEET;
THENCE LEAVING SAID WEST LINE OF SAID SECTION 19, NORTH 12'14'43"
EAST 34.91 FEE'I~
THENCE NORTH 00'09'38" WEST 612.93 FEET;
THENCE SOUTH 89'50'22" WEST 7.50 FEET TO THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED;
CONTAINING 4725 SQUARE FEET OF LAND MORE OR LESS.
BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM~..EA$~Z;"-~oN~'~,.' "'.
--- A D ' OLI,'R S Id .N'O: .'5335
==..=====~JRUNi)&gE,=. DRAW~I ~ JAN . ' DATE:" 'NOV. 9, 1999
Profemllonal enr~neor~, planner-, & land murveyor~
'(
OR: 2933 PG: 2298
SECTION 19, TOWNSHIP 49 SOUTH,
COLLIER COUNTY, FLORIDA
SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NQT A
(SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTQRATION EASEMENT,)
170' F.P.&~L. EASEMENT
__~ (O.R. 640, PG. 2,32)
O
o
PROJECT: NO. 60071
PROJECT PARCEL NO: ~
TAX PARCEL NO, ~~00
RANGE 26 EAST
SCALE: 1" = 60'
I
I
I
I
BEARINGS ARE BASED
PREPARED BY:
lllll
III
ilII~NOI,!
IIIIII'~
I]F,I~IIIII ~
IIlIIlI-~_.
mmmmmmIJliu
105' EXISTING R.O.W.
· UVINGSTON ROAD
COUNTY ROADWAY EASEMENT
ON THE FLORIDA
(O.R. 805° PG. 1843)
I BY: - "' '
2/8/00
~/~/o~ ~.s.~...: NO..'5~s~
SCAL~:/I~= 60' . ./' ".:
CHE~D BY: ~A";"pR~JECT NO.: 7841
FILE~NO: 7~74 ', ACAD.NOi~ 7274-30
NDAGE,.~.
Professional enslneer~, planners, & land lur%royor~
SURVEY)
'l
P.O.C.
WEST QUARTER CORNER
OF SECTION 19
OR: 2933 PG: 2299
~)~O___~~ PROJECT: NO.
6OO71
PROJECT PARCEL NO:
TAX PARCEL
SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT
A TEMPORARY DRIV£WAY RESTORAtiON EASEMENT OVER AND ACROSS ALL
THAT PART OF PARCEL "C', WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK ;3, PAGES $ THROUGH 7, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARtiCULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST OUARTER CORNER OF SEC770N 19, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA: THENCE SOUTH
00'09'38" EAST ALONG THE WEST LINE OF SAID SECTION 19, A DISTANCE OF
'584.41 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING
DESCRIBED;
THENCE CONtiNUE SOUTH 00'09'38" EAST ALONG SAID WEST LINE OF SAID
SECTION 19 A DISTANCE OF 163.00 FEET: .
THENCE LEAVING SAID WEST LINE OF SAID SECtiON 19 NORTH 89'50'22'
EAST 67.50 FEET:
THENCE NORTH 00'09'$$~ WEST 163.00 FEET:
THENCE SOUTH $9'50'22~ WEST 67.50 FEET TO THE POINT OF BEGINNING OF
THE EASEI~ENT HEREIN DESCRIBED;
CONTAINING ;1,003 SOUARE FEET OF LAND MORE OR LESS.
BEARINGS ARE BASED ON THE FLORIDA STATE. PLAN COORDINATE SYSTEM, EAS'T ON
PREPARED BY: ,! 5H~ET'2:'~F' :2 .""
INOLI
""""~- ~ 2/8/00 BY:
mmmmmmm ~ ~ '
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Professional e'njinellil, plannerl, & land lurv~yor~ DRAWN B ,'..vTD. ATE:~
~.m.. c...~ m~. moo, ,~m t--'--, w.~ ..,~, ..~.,, ~ m~,om {,4,)m,,-m,. CHECKED/~: WDA..'."PROJECT_NO,: 7841
~.. c~,~ m~. ,0,. ,~ms m.~v ~ ~ ~., ~ .me, 1,4,)mm?-m,,, ~._/' 7274 -NO: 7274-30
~,,~o.,.., ~,,.,m..u.,, ..., ,- mm. ~.. ,, ~ ,.~ ~.,).,-.m FILE N .....
EXHIBIT '
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE,
UTILITY & MAINT. EASEMENT
PROJECT: NO.
PROJECT PARCEL NO:
TAX PARCEL NO.
SECTION 19, TOWNSHIP 49'SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SUR.VEY)
(SEE'SHEET 2 oF 2 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) '
I
'
Lr~ ,
~ ~ + 92.5~ / :__
~ ~ ~ 0.00 ~
7.50 ~ ~
~ ~ ~05' EXIS~NG R.O.W. i
COUNTY ROADWAY ~ ~ ~ ~
EASEMENT ' ~ ~ ~ ~
,:,
o ~ 7.50
~ X ' ~J L1 S 00'13'36"E 346.29
~ ~ ~ ~ ~mI L2 N 12'10'51"E J4.91
L N .,0 ,'t~ J~ ~ 269.64
~ ~J .:~:' , .... . . .: -
~i~ ~ ..... .. .
,'~5 ..... N .Ou.t~ 3~ W ~2.65
i +1 .. .... ...,.
BEARINGS ARE BASED ON THE FLORIDA $TA' PLAN COORDINATE SYS.~M, EA'ET~~
'"'"~kB'"' 1/31/01 ~A~. ~:'~Ei~:R.S.~,:' ~NO.' 5~35
.... SCALE: 1~;"~;';' ', '"'
II1~II I J.o~.A~,. DRAWN~Y~ - DATE: NOV, g. lggQ
~OJlllJ~lJ I~Jiall~, ~ll.~l~, J Jl~ I~1 ,,,
~ ~ ~, ,,~ ~,-~ w~ ~ .q~, ~ ~,~ (.,~mt-m,n CHEC~Y', ~A PROJECT NO.:~
c~... or i.~.~ .... ~ ~ .~ m .. ~ I-~,-m, FILE~ 7274 .ACAD NO: 7274~fl
EXHIBIT
p.ge _Af OR: 2933 PG: 2301
PROJECT: NO. 60071
PROJECT PARC~'L NO:
TAX PARCEL NO.
SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION OF RIGHT-OF- WA Y' PARCEL
ALL THAT PART OF PARCEL "BB" ACCORDING TO THE RE-PLAT OF PART OF
WYNDEMERE TRACT MAP, AS RECORDED IN PLAT BOOK 13, PAGES 39 THROUGH
43, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PAR TICULARL Y DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "BB'~ THENCE SOUTH
00'13'36" EAST ALONG THE WEST LINE OF SAID PARCEL "BB" A DISTANCE OF
546.29 FEET;
THENCE LEAVING SAID WEST LINE OF SAID PARCEL "BB" NORTH 12'10'51"
EAST $4.91 FEET;
THENCE NORTH 00'15'$6" WEST 269.64 FEET;
THENCE NORTH 89'46'24" EAST 22.50 FEET TO AN INTERSECTION WITH THE
EAST LINE OF A 30' PLATTED DRAINAGE EASEMENT;
THENCE NORTH 00'13'36" WEST ALONG 5AID EAST LINE OF SAID EASEMENT
A DISTANCE OF 42.65 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID
PARCEL "BB";
THENCE SOUTH 89'35'49" WEST ALONG SAID NORTH LINE OF SAID PARCEL
"BB" A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED,
CONTAINING 3428 SQUARE FEET OF LAND MORE OR LESS.
BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZO
PREPARED BY: ' SHEET ~ 2
Imllimm~%
· .=..w"~" · ..[1,~7,NOU 1/8/01 BY:
mmmmm
mmmm=a~.4,RB~.R & - - Wr/fY~E.,~. AGNOLI, R.S.M. NO. 5335
1/31/01
Illlllll"~"~ll '" SOALE:/~T.S~' '
""'"~=I~RUNI)AC, E
Professional engineers, planners, & land surveyors DRA~BY: JAN DATE: NOV. 9. 1999
¢.m.. ~..~ ~. ,,0. ?.o T--,--, ~--....~, ..~.., FL ,~,0, (,.),,?-~,. CHF~ED BY: WDA PROJECT NO.: 7~41
Lee Ceut~
c.~flo.b or Au.,o.i...o~ .o.. ~a ne..ns n .e~ r~, (.ueee-nos FILE NO 7274 ACAO NO: 7274-~1
SECTION 19, TOWNSHIP 49 SOUTH,
OR: 2933 PG: 2302
PROJECT: NO. 60071
PROJECT PARCEL NO: 7~_~,~ I
TAX PARCEL NO.~,~
RANGE 26 EAST
COLLIER COUNTY, . FLORIDA
SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY)
(SEE SHEET 2 OF 2 FOR DESCRIP~70N OF TEMPORARY DRIVEWAY RESTORATION EASEMENT.)
o
o
170' F.P.,~'L. EASEMENT
~ (O.R. 640, PG. 232)
+
r~
I05' EXISTING R.O.W.
LIWNGSTON ROAD
COUNTY ROADWAY EASEMENT
>. ·
+92.56
-o'7o~ -~. ~
P.O.B. I /
'NORTHWEST CORNER
PARCEL "aB"
/
_+ 4_~._~ L., /
0.00
105° EXISTING R.O.W.
LIWNGSTON ROAD
COUNTY ROADWAY EASEMENT
BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST ZON~
PREPARED BY: ' .,f SHEET..~O~ 2 ·
m~mmm
=· ~=~i~[.GNOIJ REVISION: //.,dr //.V
IIIlmilmr~ 1/8/01 BY: (~(J~,////(~.~ . '
· ...;~.~,,..... WAYN~. ~OL,, ~.S M. NO,'
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milmmmm SCALE: .l">"= ~Q! ",'~ .... .,.:,. "..
Ils m · -B]~'JRUNDAGE,~.
Profe..lonal .nlClneerm, pia~mer~. & had .urYe~ora DRAWN/~ JAN '"' DATE:...~LO_V~
c.m.. c.~,, .~,. moo. ?.o ,--,.-, w-,,, .o,~, ..~:., ~. ~4~00 (u,)oo,-u,, CHECt~F/O BY: WD,~.. PROJECT'NO.: 7841
Lee CoMn. L~ 8ul~ Ill, I#i UeudrT ~t4"IIL, hrt I~,l~r~, ~ BS~OI {941)887-1111
c..mo., or A~u.d..u.. N... ZJ mm ..4 n ~ r.. (.,~,-uu FILE ~0: 7274 ACAD NO: 7274-~11
OR: 2933 PG: '2303 ***
PROJECT: NO. _. 6007~
PROJECT PARCEL NO:
TAX PARCEL NO.
SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
,DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT
A T~MPORARY DRIVEWAY RESTORATION EASEMENT 09ER AND ACROSS ALL
THAT PART OF PARCEL "BB", REPLAT OF PART OF WYNDEMERE TRACT MAP.
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1.3. PAGES 59
THROUGH 45, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "BB"; THENCE NORTH
89',)5'49" EAST ALONG THE NORTH LINE OF SAID PARCEL "BB' A DISTANCE
OF 48.50 FEET;
THENCE LEAVING SAID NORTH LINE OF SAID PARCEL "BB~' SOUTH 00'13"36"
EAST 51.20 FEE~
THENCE SOUTH 89'46'24" WEST 48.50 FEET TO AN INTERSECTION ~fTH THE
WEST LINE OF SAID PARCEL "BB"'
THENCE NORTH 00'13'36" WEST ,~LONG THE WEST LINE OF SAID PARCEL
'BB" A DISTANCE OF 51.05 FEET TO 7HE POINT OF BEGINNING OF THE EASEMENT
HEREIN DESCRIBED;
CONTAINING 2480 SQUARE FEET OF LAND MORE OR LESS.
PREPARED BY: SHEET .f'~2 '" ":
mmmmlll~
JJJmmJ
jjmjjj
JJJJJJ
mmmmmm m.3RUNDAOE,~. ' SCALE: I~,,T~. S. .
PROJECT: 60061 (Livingston Rd.)
PARCEL: 161
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT, entered into this ~ day of ~,~, 19,~, by and
between CQLLIER COUNTY, a political subdivision df-the State of Florida, its
successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples,
Florida 34112, hereinafter called "County", and FLORIDA POWER & LIGHT
COMPANY, a Florida corporation, by its undersigned officers who have been duly
authorized by the corporation to execute this Subordination, whose mailing address is
P. O. Box 029100, Miami, Florida 33102, hereinafter called "Utility."
WITNESSETH:
WHEREAS, the Utility presently has an interest in certain lands that have been
determined necessary for road right-of-way, sidewalk, utilities, drainage, slope, and
maintenance purposes; and
WHEREAS, the proposed use of these lands for road right-of-way, sidewalk,
utilities, drainage, slope, and maintenance purposes will require subordination of the
interest claimed in such lands by Utility to the County, and at the request of the County,
the Utility has agreed, subject to the following conditions, to relocate its facilities from
the Utility's easement lands onto public right-of-way, or has agreed to leave its facilities
on the subordinated lands (hereinafter jointly referred to as "Lands" and depicted in
Exhibit A attached hereto); and
WHEREAS, the County is willing to pay to have the Utility's facilities relocated if
necessary to prevent conflict between the facilities so that the benefits of each may be
retained;
NOW, THEREFORE, in consideration of the mutual covenants and promises of
the parties hereto, Utility and County agree as follows:
Utility subordinates any and all of its interest in the Lands described as follows:
(SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF)
to the interest of the County, its successors or assigns, for the purpose of constructing,
improving, maintaining and operating road right-of-way, sidewalk, utilities, drainage,
slope, and maintenance purposes, over, through, upon and/or across such Lands,
including but not limited to the claim of interest based on the following:
Nature of From or
Right-of-Way 12/4/74 H. Reznor and Florida Power &
Agreement G.W. Reznor Light Company
Right-of-Way 11/15/74 Lynton, Herren, Florida Power &
Easement Hendry, et ux Light Company
Recorded
614/1196
64O~232
Subordination of Utility Interests
Page 2 of 3
PROVIDED that the following rights are granted to Utility:
1. The Utility shall have the right to construct, operate, maintain, improve, add
to, upgrade, remove, and relocate facilities on, within, and upon all Lands in
accordance with the County's current minimum standards for such facilities. Any
construction or relocation of facilities within the Lands will be subject to prior approval
by the County. Should the County require the Utility to alter, adjust, or relocate its
facilities from or within said Lands, the County hereby agrees to pay the cost of such
alteration, adjustment, or relocation, including, but not limited to the cost of acquiring
appropriate easements.
2. The Utility shall have a reasonable right to enter upon the Lands for the
purposes outlined in paragraph 1 above, including the right to trim such trees, brush,
and growth which might endanger or interfere with such facilities, provided that such
rights do not interfere with the operation and safety of the County's facilities.
3. The Utility agrees to repair any damage to the County's facilities and to
indemnify the County against any loss or damage resulting from the Utility's exercise of
its rights as outlined in paragraphs 1 and 2 above.
4. These terms and conditions shall be attached as an addendum to the
permit, if any, required by the County for relocation of the Utility's facilities within the
said Lands.
5. This Agreement is not assignable except to the State of Florida for the use
and benefit of the County in connection with the Utility's installation and maintenance
described above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Subordination of Utility Interests
Page 3 of 3
Signed, sealed and delivered
in our presence as witnesses:
Name'
(Print or Type)
WITNESS (Signature)
Name: Donna M. R. odcbaugh
(Print or Type)
FLORIDA POWER & LIGHT COMPANY,
a Florida corporation
Dir¢clor, Corporate Real Estate
& Assistant Secretary
Attest: (Seal)
, Secretary
STATE
COUNTY OF:/?~/,,~,~
The foregoing, Subordination.of Utility Interests was acknowledged before me
thls'~.~ day of ~, 19/'.)~,), by ,]'o.._.__.~r~ N[. Ch~s__m, Assistant Secretary,
who is personally known to me or-whe-has-produced as
id entific-,atien.
(Notarial Seal)
Notary Public
(Print Name)
Serial No.
M y C o m mis s ,o n ~-l~&.,~.~'~..~.~
OlV£IC£ Of' CA PI'I'~ L PROJ'£CTS
EAST TAMIAIvll TRAIL NAPLES, FLORIDA 34112
(9,11) 774-8192
PROJECl NO
PROJECT PARCEL NO._
TAX PARCEL NO.
SKETCH OF LEGAL DESCRIPTION (blOT A SURVEY)_
I.EGAi, DESCRIPTION
'Fhe East 120 feet oftt~e South 250 feet ofthe South Halfofthe Northeast Quarter ofthe
Soulheast Quarter o£Section 13, To'.vnship 49 South, Range 25 East and;
The West fifteen (15') ofthe East 120 feet of the Southeast Quarter oFthe Southeast
Quarter of Section 13, Township 49 South, Range 25 East, and;
The West Fifteen (15') Feet ofthe East 120 feet of Secfion 24, and;
The West Fifteen (15') feet ofthe East 120 feet oldie North East Quarter of Secdon 25,
Less tl~e Soulh 584 69 fee~ all in Township 49 South Range 25 East, Collier County,
Florida
rlR,&wt~ BY:
PROFESSIONAL LAND SURVEYOR #2406
OFFICE OF CAPITAL PROJECI'S
COLL,E, COUN ' OVERN.EN CO L.×
OI~'FICE OF CAPIT'A£ PROJECTS
.%5(11 I~ASI IAMIAIJI ]RAIl. NAPLES, I:I.OIRII)A 54112
(9,11) '17,1-8192
SKETCH OF DESCRIPTION
N 89'50'02 2'E. 12U' \
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--' ItU'l-- I I,~
I I I~'- ..... /
~- -t - -t- - -
[ASO,~NI ,
L
"co"~'~"'~'--~-I I il .l? so~',~'~.~'~.
~ i ~ II/
/
il/
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..oo',~'oo.~'w.--~ I II ' ' '
I--{--t-- -
N.00'22'1 ~.4'W. ~. I
I I~
i i
~ S.00'22'13.4'[. 584.69'
~ (;OLDEN CA;E PARKWAY
000' Rlw)
GENERAL NI]TES 1) P.O,C. Indicates Point of' Commencement
[2) P.O.B. Indicates Point of I~eglnntr~g
3) SeC. bldicotes §eolian
4) Twp. hldicoLes 'Iow,~sidp
5) Rge. I,~dlcotes Run,ge
6) R/~ Indicates Rlg[~t-oq-woy
7) ALL distances ore In feet and decimals thereof
8) Basis of Bearings Is the East tine of the Southeast
Quarter of Section 25 being N,00'~'13.4'~.
9) Not valid unless signed and seated with the embossed
seat of* the professional land surveyor
THIS IS ONLY A SKETCt-I
Nt]r Tm ~-05-913 I_IVF-t
L,MR. %CAI_F
SHEET 2 OF 2