Folio #7082032000 PROJECT: 60094—Kirkwood Avenue Extension H
INSTR 5467141 OR 5446 PG 1115
This instrument prepared by: RECORDED 11/6/2017 10:16 AM PAGES 5
DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT
COLLIER
Florida Power&Light Company REC$44.OOUNTY FLORIDA
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 Zrd day ofvc.r„1or+r, 2017, by and between COLLIER COUNTY, a
political subdivision of the State of Florida, hereinafter called 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".
WITNESSETH:
WHEREAS, the Utility presently has an interest in certain land that has been determined necessary for drainage
improvements; and
WHEREAS, the proposed use of this land for drainage improvements will require subordination of the interest
claimed in such land by Utility to the County; and
WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the drainage and
utility easement if necessary 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, if any, from or within the entire width of the drainage easement 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 drainage facilities over,through,upon,and/or across such lands,based on the following:
NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE
Easement 04/18/1974 OR 589, PG 954 et seq
Easement 06/06/2005 OR 3828,PG 4162 et seq
Easement 01/23/2006 OR 3970,PG 3749 et seq
The County and the Utility further agree that:
1. "Drainage Easement", 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 drainage, 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 drainage easement 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 easement area will be subject to prior approval by the County.
3. The County shall pay for the relocation of existing facilities, if any. 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 drainage easement described in Exhibit "A", if such relocation or adjustment is caused by present
or future uses of the drainage easement 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 drainage easement.
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.
4%
ATTEST:
ATTEST: ... ; , BOARD I • TY COMMISSIONERS
DWIGHT E.BRQCK tleik COLLI 4',11 TY,FLORIDA
111 AA .4..II..JI,. A 'ri- BY:
asst as to Chai af'S 'ut PENNY T��� R CHAP
signature only. t
Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY
in the presence of:
By: f (& By: •7717494/
Title:Corporate ReaC Estat - ger
Print Name: /....../ka n Ai. L b 6-F Print Name: Mark L. Byers
By: 601'..)IteiC4.102.44 .
Print Name: ,4NA1E77E A /A/ (Corp. Seal)
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 personal!oloipWirme to be the person described in, and did not take an oath
and who executed the foregoing instrument as the —f—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.
WITNESS my hand and official seal in the County and State aforesaid th'sl`day of AuG_T,2017.
(affix notarial seal) L1Li-t
YX.
i nature of Notary Public)
;.4'prn�s,.,
its- ( ( -
{rc:.. . ;_.; LILLIAN M COLE (Aid;
t Name of Notary Public)
`•i ± ••1 MY COMMISSION#FF060669
"
PROJECT NO. 60094
PROJECT PARCEL NO. 106DE
PARENT TRACT FOLIO NO. 7082032000 HIBIfi,_, _.,,,
Page_/_of.3,,„
LEGAL DESCRIPTION & SKETCH
(NOTA SURVEY)
PERPETUAL NON-EXCLUSIVE DRAINAGE EASEMENT
THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOTS 25 AND 26, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT
THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED
IN 0.R. BOOK 3595, PAGE 1943, AND TOGETHER WITH THE EAST 85 FEET OF THE WEST
339.4 FEET OF LOT 29, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARM NO. 2,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A, ALL OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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PROJECT NO. 60094
PROJECT PARCEL NO. 107DE EXHIBIT 2
PARENT TRACT FOLIO NO. 70820280001 Page of
27
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LEGAL DESCRIPTION & SKETCH
(NOTA SURVEY)
PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT
THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOTS 22, 23, 24, 27, 28 AND 29, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED
ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO.
2004-217 RECORDED IN O.R. BOOK 3595, PAGE 1943, ALL OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
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1:;°Collier County Growth Management Division-Transportation Engineering Department 06/14/17 2:43 PM
PROJECT NO. 60094
PROJECT PARCEL NO. 108DE EXHIBIT
�'I
PARENT TRACT FOLIO NO. 70820200007 Page_ _0t3
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT
THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOTS
18, 19, 20, 21, 30, 31, 32 AND 33, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED
ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO.
2004-217 RECORDED IN O.R. BOOK 3595, PAGE 1943, ALL OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
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