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Par. 715, 716A&C, 815, 816A&CMEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM:~\~ONI A. MOTT, SPECIALIST II ~.~t. EAL PROPERTY MANAGEMENT DATE: JANUARY 28, 1998 RE: AIRPORT ROAD EXPANSION PP, OJECT PI/.OJECT: 62031 Parcel: 715,716A, 716C, 815,816A&816C Attached you will find one (1) Subordination of Utility Interests for execution by Chairman Barbara B. Berry concerning the above transaction. Please be advised that }tcidi F. Ashton, Assistant County Attorney, has reviewcd and approved the attached documents. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase in Resolution 97-198, Item 16(B)(7), dated April 8, 1997. Please forward the documents to Ellie ttoWman, Records Technician ili, Minutes & Records for attestation. [ Note: Ellie, after attestation of said documents, please call extension//8991 for document pick-up as the Real Property Management Department will record all necessary documents on the date ofclosing. ] Thank you. Attachments as stated PROJECT Airport Road PARCEL NO. 717&817 Utility Release SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this 19th day of Februarz~, 19 98 , 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 cedain tract or parcel of land lying and being in Collier County, Florida, more padicularly described and set fodh 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 sidewalk, utility, drainage, maintenance, and WHEREAS, the County's proposed use of the Property for sidewalk, utility, drainage, maintenance, 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 sidewalk, utility, drainage, 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, and operating sidewalk, utility, drainage, maintenance over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: Nature of From or Easement 6/29/83 Edith R. Dickinson Edith E. Dickinson Recorded United Telephone 1029/183 Company of Florida 2. The Ulilily shall have the righl to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon Ihe Properly in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Properly will be subject to prior approval by the County. If lhe 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 ri§hr to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere witi~ 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 padies hereto have executed this Agreement on the day and year first above written. ATTEST: '~' · .'.DWIGHT E. BR'O~, Clerk gll. ie Holfm,m , ,'Deputy Clerk Approved as to form and legal suffi~:iency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BA'~I;AR^ B. t½1.:RRY, (:t'Jairman Signed, sealed and delivered in o~ presence as witness, es: WlTNES~(Sighature') d (Print or Type) WITNESS (Signature (Print or Type) Sprint-Florida, Incorporated, successor by merger to United Telephone Company of Florida P.O. Box 2477 (Local) Naples, Florida 34106 STATE OF: Florida COUNTY OF: an e The foregoing Subordination of Utility Interests was sworn to and acknowledged before me this 23rd_ day of Se~mber __, 1997, by Robert W. Longlc,~J (Name), AVP-Ne~work S~ (Title), of Sprint-Florida, Incorporated, successor by merger to United Telephone Company of Florida who is personally known to me.e¢ who- kra~l~Oduc"ed- .......................... (Affix notarial seal) Anqela T, (Print Name) Serial/Commission #: cc47238i My Commission Expires:~u~ 2~, .~999 OP, BOOI~ PAGE In $onm~4er~tlon or %~* I~ c~ ~e ~Tl~r (11,~) In ~r,t ~r.~~ ~k of ~/or c~ t~ con4~t, ~rcm D~u~c~ Sfomp Tax ~A~ ~ ~A ~ ' , : OFFICE OF CAPITAL PROJECTS 5501 EAST TAMIAMI IRAIL :i: NAPLES, FLORIDA 5,1112 (941) 774-8192 LEGAL DESCRIPTION .(NOT A SURVEY__.} SKETCH OF DESCRIPTION PROJECf NO ...... PROJECT PARCEl_ i lAX PARCEL tlO..~'~_~_,::~_~ _LEGAL DESORIPTION The West ten (I0') feet of the East 125' feet of the following described parcel: The I'Jorth half of Ihe Northeast quarter of the Northeast. quarter of the Northeast quarter of Section,2, Township 49 South, Range 25 East, Collier County, Florida. North ttalf, Northeast Our:rter, Northeast Northeast Ouorter, Sec. 2, Twp. 49 S., Rge. 25 E. I(l' -- THIS IS ONLY A SKETCH L.M.R. I I NONE GL(;~c'c2E r:, RiCliMOFiD DATE: ?A ?/~"2 OFFICE OF:'CAPlfAL PROJECTS COLLIER COUNFY GOVERNMENT COMPLEX 3,30! E TAMIAMI IRAIL NAPLES. FI.ORIDA .34112 I a','e: Ir.l: ,,o.: i I O7- OFFICE OF CAPITAL PROJECTS ,3501 EAST TAMIAMI TRAIl. .~ NAPLES, FI_ORIDA 34112 (941) 774-8192 _LEGAL DESCRIPTION (,NOT A SURVF_._Y_) SKETCH OF DESCRIPTION PRO,IEC~ NO._. PROJECt PARCEL i TAX PARC, FL ~]Q ....... _LEGAL DESCRIPTION The West fifteen (15') feet of the East 115 feet. of the foll~ing described parcel: The North half of the Northeast quc~rter of the Nort~;a'~'t quarter of the Northeast quarter of Section 2, Township 49 South, Range 25 East, Collier County. Florida. North t RJlf, Northecmt Ouorter, Northeast Quarter, Northe~]st Ouorler, Sec. 2, Twp. 49 S., Rge. 25 E. /~--PARCEI. AR 817 © 0 121. I_.M.R. Tills IS ONLY A SKETCH NONE PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNI~' GOVERNMENr COMPI.EX ,3301 E TAMIAMI I'RAIL NAPLES, FLORIDA 54112 '17-9 ;~ AR-817 SHEET 1 OF,i:l