SprintPROJECT: Livingston Road
PARCEL NO: 165 / 765 & 166 / 766
Utility Release
2893225 OR: 2933 PG: 2304
RECORDED in OFFICIAL RECORDS of COLLIER COUN?Y, FL
11/30/2001 at 01:36PM DWIGH? E. BROCK, CLERK
Retn:
REAL PROPERTY
EXT 8991
INTER OFFICE
COPIES
51,00
11.00
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this,~ day of /')(.,.'u-. ,
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 referred to as "County"), and SPRINT-FLORIDA, INCORPORATED,
successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, whose mailing
address is P.O. Box 2477, Naples, Florida 34106 (hereinafter referred to as "Utility").
WITNESSETH:
WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and
being in Collier County, Florida, more particularly described and set forth in Exhibit "A"
attached hereto and made a part hereof (hereinafter referred to as the "Property"); and
WHEREAS, the County has determined that this Property is suitable and appropriate
for road right-of-way, utility, drainage and maintenance purposes; and
WHEREAS, the County's proposed use of the Property for road right-of-way, utility,
drainage and maintenance purposes requires the subordination of the interest in the
Property by the Utility to the County; and
WHEREAS, the Utility is desirous of consenting to the subordination and the
relocation of its facilities from the Property into the road right-of-way, utility, drainage and
maintenance, if necessary; 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, the receipt and sufficiency of which are hereby acknowledged, Utility and
County hereby agree as follows:
1. The Utility hereby subordinates any and all of its interest in the Property
(SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF)
to the interest of the County, its successors and assigns, for the purpose of constructing,
improving, maintaining, and operating road right-of-way, utility, drainage and maintenance
purposes, over, under, through, upon, and/or across said Property, including, but not limited
to the claim of interest based upon the following:
OR: 2933 PG: 2305
Nature of From or
Encumbrance Date Against
Easement 01/06/81
Easement 01/06/81
Easement 11/6/81
In Favor Of Recorded
Wyndemere Farms
Development, Inc.
Wyndemere Farms
Development, Inc.
Wyndemere Farms
Development, Inc.
United Telephone Co.
United Telephone Co.
United Telephone Co.
Plat Book 13,
Pages 3-7
Plat Book 13,
Pages 8-12
Plat Book 13,
Pages 39-43
2. The Utility shall have the right to construct, operate, maintain, improve, add to,
upgrade, remove, and/or relocate its facilities within and upon the Property in accordance
with the County's minimum standards for such facilities. Any construction or relocation of
facilities within the Property will be subject to prior approval by the County. If the County
requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the
County hereby agrees to pay the reasonable cost of such alteration, adjustment, or
relocation, including, but not limited to the cost of acquiring appropriate easements.
3. The Utility shall have a reasonable right to enter upon the Property for the
purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and
growth which may endanger or interfere with such facilities, provided that such rights do not
interfere with the operation and safety of the County's facilities.
4. The Utility shall repair any damage to the County's facilities and indemnify the
County from and against any loss or damage resulting from the exercise of its rights as
outlined in paragraphs 2 and 3 above.
5. These terms and conditions shall be attached as an addendum to that permit, if
any, required by the County for location of the Utility's facilities within the Property.
6. This Agreement shall be assignable only 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 ~nc~'~e~a.r first above written.
.. ¥,_:, .... .. q:,
~'D~,~GFf'¥ E~BR-~. CK, Clerk
Approved as to form
anl~legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLI ER COUNTY,~
BY:
JAMES~X/. CART~'~, 15~.~., Chairman
M te (::l~tman's
OR: 2933 PG: 2306
Signed, sealed and delivered
in ou.~presence as witnesses:
WITNESS (Signature)
Name: Tina Bisson
Sprint-Florida, Incorporated successor by
merger to United Telephone Company of Florida
(Print or Type)
WITNESS (Signature
Name: Linda Severance
(Print or Type)
By:
- -/~Sresiderrl~ice President
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing Subordination of Utilities was acknowledged before me this 1st
dayof 3une ,2001 by T~ouJs Carrion , President/Vice
President, on behalf of Sprint-Florida, Incorporated, successor by merger to United
Telephone Company of Florida,, who is personally known to me or who
has produced as identification.
WITNESS my hand and official seal this 1st day of June
,2001.
(Affix notarial seal)
Notary Public-State of Florida
~ My Commission Expires A~. 25, 2003
t Commission # CC830106
(Signature of Notary)
Carol A. Stone
(Print Name of Notary)
Commission # cc8301'96
My Commission Expires: April 25,
2003
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE,
UTILITY & MAINT. EASEMENT
OR: 2933 PG: 2307
PROJECT: NO. 60071
PROJECT PARCEL ~2
TAX PARCEL NO.
SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLOR~DA
SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SUR.VEY)
(SEE SHEET 2 OF 2 FOR DESCRIPTION oF RIGHT-OF-WAY PARCEL) '
EAST- WEST ONE-QUARTERd
SECTION LINE
105' EXISTIN
COUNTY ROADWAY
EA SEMEN T1843
803, PG.
PREPARED BY:
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2/8/00
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L2 S O0'og'38"E 534.41
L2 S O0'og'38"E 64Z02
L5 N 12'14'43"E 34.9;
L4 N 00'09'38"W 612.93
L5 S 89'50'22"W 7.50
COORDINATE SYSTE~,
WA.~//~OLI, R.S,bl..NO. 5335
SCALE:. 1-"/=.45'6' '"'.,. ,,' ./ '.
DRAWN B/~'~AN bATE! i"'NOV. 9. 1999
CHECKE,~3Y: WDA PROJECT NO.:. 7841
FILE ~ 7274- ACAD'NOi 7274-7
SECTION 19,
OR: 2933 PG: 2308
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 WYNDEMERE TRACT MAP,
AS RECORDED IN PLAT BOOK 1.3, PAGES 3 THROUGH 7, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY OESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH
00'09'58" EAST ALONG THE WEST LINE OF 5AID SECTION A OISTANCE OF
5.34.41 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING
DESCRIBED;
THENCE CONTINUE SOUTH 00'09'38" EAST ALONG SAID 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 SYSTE~.. EAS~:'zoN~/.~..~'.' ''.
PREPARED BY: .F,~s,.,~ :$HEET'I~'~"2//'""' ':' :"
.....~""".~NOM 2/800 BY:
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OR: 2933 PG: 2309
SECTION 19, TOWNSHIP 49 SOUTH,
COLLIER COUNTY, FLORIDA
SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A
(SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT)
P.O.C.
/II I V~.S'T ~UAR~R CORNER
/r .I OF SECTION 19
~ ~, ~_ ~ ~ SCALE: 1"
+
+
COUN~ ROADWAY EASEMENT
(O.R. 803, PG. ~843)
PREPARED BY: . .SHgET
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.... - .......... --~ ,o. ~ u.s · OJECT NO.. 7841
PROJECT: NO. 60071
PROJECT PARCEL NO: 7~'5
TAX PARCEL NO. ~~~::
RANGE 26 EAST
= 60'
SURVEY.)
OR: 2933 PG: 2310
PROJECT PARCEL NO:
TAX PARCEL NO,~z~oo,
SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION OF TEIvlPQRARy DRIVEWAY RE,STORA TION EASEMIENT
A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL
THAT PART OF PARCEL "C', WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES J ~ROUGH 7. PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PAR~CULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT ~E ~ST QUARTER CORNER OF SECTION 19, TO.SHIP 4~
SOU~, RANGE 2~ EAST, COLLIER COUNTY FLORIDA; ~ENCE SOU~
00'09'38~ EAST ALONG THE ~ST LINE OF SAID SEC~ON 19, A DISTANCE OF
584.41 FEET TO ~E POINT OF BEGINNING OF ~E EASEMENT HEREIN BEING
DESCRIBED;
~ENCE CON~NUE SOU~ 00'09'~8" EAST ALONG SAID ~ST LINE OF SAID
SEC~ON 19 A DISTANCE OF 163.00 FEET;
~ENCE LEAWNG SAID ~ST LINE OF SAID SECTION 19 NORTH 89'50'22'
EAST 67.50 FEET;
~ENCE NOR~ 00'09'38~ ~ST ~63.00 FEET;
THENCE S~ 89'50'22' ~ST 67.50 FEET TO ~E POINT OF BEGINNING
~E EASEMENT HEREIN DESCRIBED;
CONTAINING 11,003 SQUARE FEET OF LAND MORE OR LESS.
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EXHIBIT~'
Page_
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE,
UTILITY & MAINTEASEMENT
PROJECT: NO. 60071
PROJECT PARCEL NO:
TAX PARCEL NO.
SECTION 19, TOWNSHIP #9 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) '
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~- .f *-~,~ ~,. = ~ ,* n ,~ ~ learn--ma FILE~ 7274 ACAD NO: 7274-8j
OR: 2933 PG: 2312
fl
EXHIBIT
PROJECT: NO, 60071
PROJECT PARCEL NO:
TAX PARCEL NO.
SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION QF RIGHT-OF- WAY PARCEL
ALL THAT PART OF PARCEL "BB" ACCORDING TQ THE RE-PLAT OF PART OF
WYNDEMERE TRACT MAP, AS RECORDED IN PLAT BOOK I J, PAGES 39 THROUGH
43, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PAR TICULARL Y DESCRIBED A S FOLL 0 WS;
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
346.29 FEET;
THENCE LEAVING SAID WEST LINE OF SAID PARCEL "BB" NORTH 12'10'51"
EAST 34.91 FEET;
THENCE NORTH 00'13'36" WEST 269.64 FEET;
THENCE NORTH 89'46'24" EAST 22.50 FEET TO AN INTERSECTION WITH THE
EAST LINE OF A 30' PLATTEO DRAINAGE EASEMENT;
THENCE NORTH 00'13'36" WEST ALONG SAID EAST LINE OF SAID EASEMENT
A DISTANCE OF 42.65 FEET TO AN INTERSECTION WITH THE NQRTH LINE OF SAID
PARCEL "BB";
THENCE SOUTH 89"35'49" WEST ALONG 5AID NORTH LINE OF SAID PARCEL
"BB" A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBEO.
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
llll~'~ LONOU 1/8/O1 BY:
n--u W~ . AGNOLI, R.S.M. NO. 5335
.....I J~ss, ~. 1/31/01 ·
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c.,.u~.b of A,.U,.,~u,~ .0.. ,- ~ ,,=, n ~ r.=, (.~-uo, FILE NO: 7274 ACAD NO: 7274-8
SECTION 19, TOWNSHIP 49 SOUTH,
OR: 2933 PG: 2313
PROJECT: NO. 60071
PROJECT PARCEL NO: ~_~-~
TAX PARCEL NO.~~
RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY)
(SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT~
o
o
170' F.P.,&'L. EASEMENT
._~ (O.R. 64o, PG. 232)
o
o
o
o
I05' EXISTING R.O.W.
LIVINGSTON ROAD
+_92.56
0.00 ~'
P.O.B.
NORTHWEST CORNER --
PARCEL
0.00
105' EXISTING R,O,W.
LIWNGSTON ROAD
COUNTY ROADW~o)
kT
/
I'1
BEARINGS ARE BASED ON THE' FLORIDA STATE PLAN COORDINATE SYST'EM, EAST ZONE.~ .-.
' ,, 2
PREPARED BY: T
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~~-- SCALE:
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Professional e~inee~, pla~ers, & lend wu~eyo~
~ a~ ~a ~. 1*~ fa Wa. ,al Nel,,. ~ ~ill (NI)~,I-,III CHEC~ BY: WDA · PROJECT ' NO.: 7841
· EEX na= . OR: 2933 PG: 2314 ***
PROJECT: NO. 60071
PROJECT PARCEL NO:
TAX PARCEL NO,
SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT
A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER 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 1Jo PAGES 39
THROUGH 43, PUBLIC RECORDS OF COLLI£R COUNTY, FLORII3A, BEING MOR~
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "BB"; THENCE NORTH
89'35'49" EAST ALONG THE NORI'H 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 FEET;
THENCE 50UT'H 89'46'24" Vt~EST 48.50 FEET TO AN INTERSECTION H,1TH THE
WEST LtNE OF SAID PARCEL "B~"'
THENCE NORTH 00'~3'36" WEST ,~(.ONG THE WEST LINE OF SAID PARCEL
"BB" A DISTANCE OF 5~.05 FEET TO THE POINT OF BEGINNING OF THE EASEMENT
HEREIN DESCRIBED;
CONTAINING 2480 SQUARE FEET OF LAND MORE OR LESS.
mmmmmm 1/8/01 BY:
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Professional en~tneer~, pi.,~-er~. & ]and .~rw),orm DRAWN B/f/~ ' DATE:'.'' NOv. 12. 199g