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Backup Documents 01/11/2011 Item #16K5ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16K 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. Thhmpleted routing slip and T 'nal documents are to be forwarded to the Board Office only after the Board has taken action on the item J ROUTING SLIP i (.Y/� j Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the __ .1 .ir....a. !in .........la. *n th> rhv kjict and fnrward to Ian Mitchell (line #5). exception of the Chairman's sigann draw a ime urrou Route to Addressee(s) (List in routing order WWI ,uicb "I uuv - - -- - Office - Initials Date 1. f� Initial) Applicable) Agenda Date Item was / Agenda Item Number Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 2. Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original / 3. P resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC 4. Chairman and Clerk to the Board and possibly State Officials.) 5. Ian Mitchell, BCC Supervisor Board of County Commissioners J /1l fit 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff {� Pqrru- > Phone Number N/A (Not Contact f� Initial) Applicable) Agenda Date Item was / Agenda Item Number Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original / Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached j 1NCTR1TC'T10NS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's J /1l Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip j should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on - (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16K 5 MEMORANDUM Date: March 4, 2011 To: Deborah Farris, Property Acquisition TECM Department From Martha Vergara, Deputy Clerk Minutes & Records Department Re: Tri -Party Developer Agreement - E's Country Stores Attached for your records, is a copy of the Recorded Original document of the amended agreement referenced above (Agenda Item #16K5) approved by the Board of County Commissioners on January 11, 2011. The Original has been kept by the Minutes & Records Department as a part of the Board's Official Records. If you should have any questions, please call me at 252 -7240. Thank you. INSTR 4531187 OR 4656 PG 1931 RECORDED 3/1/2011 3:45 PM PAGES 19 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $163.00 TRI -PARTY DEVELOPER AGREEMENT E'S COUNTRY STORES 16K 5 THIS TRI -PARTY DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this 11th day of January, 2011, by and between E'S COUNTRY STORES, LLC, a Florida Limited Liability Company, whose mailing address is 21246 -C Clubside Drive, Boca Raton, Florida 33434 or its successors or assigns (hereinafter referred to as "E's "), ROBERTO BOLLT, as Successor Trustee under Land Trust Agreement dated January 27, 1986, recorded in Official Records Book 1347, Page 2331, and amended June 26, 1996, and recorded in Official Records Book 2250, Page 1827, both of the Public Records of Collier County, Florida, whose mailing address is 4500 Executive Drive, Suite 110, Naples, FL 34119 or its successors or assigns (hereinafter referred to as "Commercial Developer"), and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). RECITALS: WHEREAS, E's owns and operates E's Country Store located at the southeast comer of Immokalee Road and Oil Well Road (street address 14344 Immokalee Road, Collier County Property Appraiser Folio No. 64700625608); and WHEREAS, Commercial Developer owns a vacant parcel adjacent to E's Country Store and intends to develop the parcel as is permitted from time to time under applicable laws, rules and regulations (Collier County Property Appraiser Folio No. 64700625501) ( "Commercial Property "); and WHEREAS, there is an existing driveway connection from the E's parcel to Oil Well Road; and WHEREAS, under the current Oil Well Road construction plans (Collier County Project No. 60044, currently under construction), a raised median in the County's road right -of -way will limit vehicular turning movement to E's (see Exhibit "A" depicting existing conditions, access and proposed improvement concepts); and WHEREAS, County plans to close the Valencia Drive connection to Oil Well Road which could give rise to a claim for damages by E's and/or Commercial Developer, and E's and Commercial Developer are willing to release their respective claims on the basis of the agreements set forth herein; and WHEREAS, E's and Commercial Developer desire that the Oil Well Road access be improved such that west -bound vehicles on Oil Well Road may turn left into E's Country Store and Commercial Developer's parcel; and WHEREAS, the County, E's and Commercial Developer propose to construct the improvements depicted on Exhibit `B" in two phases (each to construct that portion of the improvements as set forth in this Agreement); and WHEREAS, the first phase (designated "Phase 1" on Exhibit "B ") shall consist of construction of a westbound left turn lane in the County's road right -of -way and an internal drive on the Commercial Property as depicted on Exhibit `B" ( "Phase One improvements "):and WHEREAS, the second phase (designated "Phase 2" on Exhibit `B ") shall consist of construction of an eastbound deceleration and right turn lane, closure of the western access driveway to E's, construction of a new access point and internal drive on the Commercial Property to serve E's and Commercial Developer, and construction of a turnaround at the closure of Valencia Drive south of Oil Well Road as shown on Exhibit `B" ( "Phase Two Improvements "); and WHEREAS, the relocated access drive to E's on the Commercial Property (as depicted in Exhibit "B ") will be located farther east from the intersection of Oil Well Road and Immokalee Road which is a public benefit; and WHEREAS, the County will, using its prime contractor for the Oil Well Road expansion project (Mitchell and Stark Construction, Inc.), construct the median opening and westbound left turn lanes as shown on the Phase One Improvements; and WHEREAS, E's will construct the Phase One Improvements located on its parcel and on the Commercial Property, including those areas hereinafter defined as "Easement Property" (and the County has no objection to E's utilizing the County's prime contractor to do so, at E's option); and WHEREAS, Commercial Developer will, subject to the terms of this Agreement and issuance of applicable permits, construct the Phase Two Improvements; and WHEREAS, County has no objection to E's undertaking, at its sole cost and expense, the redesign of the Oil Well Road roadway plans to incorporate the Phase One Improvements in Exhibit "B" and likewise to E's construction of said Phase One Improvements located on E's parcel and the Commercial Property at E's sole cost and expense as long as all required jurisdictional agency permits, including County right -of -way permit, are secured prior to construction; and WHEREAS, should the County design or build any Phase Two Improvements before it is constructed by E's or the Commercial Developer, the County shall be reimbursed for its actual construction costs at the time the Commercial Developer commences construction of the Phase Two Improvements; and WHEREAS, County has no objection to Commercial Developer undertaking, at its sole cost and expense, the design and construction of the Phase Two Improvements located on E's parcel and the Commercial Property, including those areas hereinafter defined as "Easement Property," as long as all required jurisdictional agency permits, including County permits, are secured prior to construction; and Page 2 of 10 16K:5 WHEREAS, E's and Commercial Developer agree and understand that County reserves the right to modify the left-in median opening on Oil Well Road as depicted in Exhibit "B" in its sole discretion based on documented safety and/or capacity reasons and the other provisions of this Agreement set forth below; and WHEREAS, each of E's and Commercial Developer proposes to convey or grant to County as fee simple or road and utility easements (as determined by each of E's and Commercial Developer, each in their sole discretion), at no cost to County, either dedications of, or perpetual non - exclusive easements for: (i) road right -of -way and slope and utility easements for the right turn lane; (ii) slope and utility easements for the construction of Oil Well Road and for traffic control devices; (iii) easements to construct a turn- around near the end of Valencia Drive, as depicted and on those lands described in Exhibits "C ", "D", "E ", " F", "G", "H ", and "I" attached hereto and made a part hereof (Exhibits "C" through "I" are hereinafter collectively referred to as the "Easement Property "); and WHEREAS, E's and Commercial Developer desire to either convey fee simple title to the County, or grant easements to County, for the stated purposes, over certain portions of their respective properties, on the terms and conditions set forth herein; and WHEREAS, as compensation for the conveyance of the Easement Property, design of Phase One Improvements and the Valencia Drive turnaround, the future relocation of the current E's access on Oil Well Road and the release of claims for the severance of the connection of Valencia Drive to Oil Well Road, County agrees to construct the Phase One Improvements within the public right of way, including modifications to the south side of roadway north of E's and the Commercial Property and a directional median opening with turn lane storage, none of which are located on the E's parcel or the Commercial Property; and WHEREAS, E's and Commercial Developer intend to negotiate and enter into an Operation and Easement Agreement ( "OEA ") with commercially reasonable terms acceptable to each of them in each one's sole discretion, to be recorded, which will provide, among other things, for matters relating to vehicular movements to and from E's' property from Commercial Developer's parcel and to and from Commercial Developer's parcel from E's property, and which will set forth the obligations, benefits and agreements, including cost- sharing of the Phase Two Improvements described below, between E's and the Commercial Developer, arising out of or relating to this Agreement. The County is not a party to the OEA and is not bound by it terms; however, the completion of an OEA shall be deemed a condition to the execution of this Agreement by E and the Commercial Developer; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the improvements set forth in this Agreement (hereinafter referred to as the "Proposed Plan") are in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: Page 3 of 10 16K 5 a. The Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; and The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five -year capital improvement program for the County's transportation system and the Long Range Transportation Plan. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Deal Terms Concerning Collier County 2. The improvements will be constructed in two phases, as depicted in Exhibit "B." 3. Phase One is the left turn lane within Oil Well Road, the median opening and the on -site improvement extending the left turn lane through the Commercial Property to E's property as depicted in Exhibit `B." The County will build the left turn lane and revised road plan as part of the existing Oil Well Road project. E's will build the onsite improvements for Phase One. 4. E's will be responsible for designing and getting permits for all Phase One Improvements and the Valencia turnaround in Phase Two. Construction of the Phase One Improvements is addressed in item 3 above. 5. The County will utilize the cost savings resulting from the slope construction in lieu of the stem wall and guard rail to construct the left turn lane and median opening. Any proceeds left over will go to the County and will not be utilized to construct on -site improvements. 6. The Commercial Developer will design, permit and construct all Phase Two Improvements excluding the turnaround. There will be no COs issued to the Commercial Developer until the Phase Two Improvements are complete. The existing E's entrance on Oil Well Road is relocated as part of Phase Two. The County can build the turnaround prior to Commercial Developer's construction of same, and the Commercial Developer will reimburse Page 4 of 10 16K the County for construction costs when it builds the Phase Two Improvements. If the County elects to construct the turnaround, the Commercial Developer shall reimburse the County the actual, reasonable out -of- pocket "hard' construction costs, based on reasonable evidence of same, at the time Commercial Developer commences the construction of the remaining Phase Two Improvements or prior to issuance of the CO. if the County desires to construct some or all of the Phase Two Improvements, other than the turnaround, prior to the time the Commercial Developer elects to construct same; (i) the County and Commercial Developer shall seek to negotiate an agreement, satisfactory to each of them (each in their sole and absolute discretion), which provides for, among other things, the manner of calculation and the amount of costs to be reimbursed the County by Commercial Developer, the furnishing of lien releases by the contractor and its subcontractors, the obligation to bond or satisfy liens, builder's risk or commercial general liability insurance, indemnification for acts and omissions of the contractor and subcontractors, and such other matters as each of the Commercial Developer and the County shall elect; and (ii) the County shall thereafter construct such Phase Two Improvements pursuant to the agreement. 7. All necessary easements or fee interests for both phases will be conveyed at no cost to the County within thirty (30) days of the execution of this Agreement by the last of the parties,. These easements and fee interests are set forth in Exhibits "C ", "D", "E ", " F", "G", "H" and "i ", and shall be free of any liens, encumbrances, exceptions, or qualifications, except for real estate taxes and assessments. 8. After the median is constructed, the BCC may at any time permanently close the left turn lane median if it determines in its sole discretion that a hazardous condition exists. Transportation Staff may temporarily close the left turn median at any time Staff determines that a hazardous condition exists, but must take the closure the issue to the Board at the next regularly scheduled Board meeting. The County agrees that it will take a period of two years after Oil Well Road is completed and open before traffic will stabilize. E's and Commercial Developer agrees and understands that after the two year period, County reserves the right to close said median opening in the event that traffic queues back from the Immokalee Road intersection past the median opening constructed as part of the Phase One Improvements. 9. Because E's Country Store was constructed under a less stringent landscape buffer requirement per their existing approved Site Development Plan (SDP 89 -48) issued over 20 years ago, the impact of the slope easement and compensating right of way warrants a reduction of the required landscape buffer for the site in the event of any future redevelopment. Under the Collier County Land Development Code in existence as of the effective date of this Agreement (hereinafter referred to as "LDC ") a 15 ft Type D buffer along the Oil Well Road would be needed. The LDC has a provision to provide relief from this when there is a right of way taking. Per LDC Section 9.03.07.2.a "Landscape Buffer may be reduced from the required width or depth, but shall not result in a buffer less than five (5) feet in width or depth..." Also, the LDC allows the Buffer to be displaced. In accordance with the LDC the required buffer along E's Country Store Oil Well Road frontage (355ft) is reduced to 5 ft and the buffer maybe displaced to the south side of the property, as applicable. The existing buffer on the site as approved in SDP 89 -048 will apply to the site until the site is redeveloped. The Commercial Property frontage along Oil Well Road will fully meet the landscaping buffer provisions of the Page 5 of 10 Land Development Code in effect as of the date of its development nommishmaing the slope easement and turn lane dedications. 10. E's and Commercial Developer each hereby release any and all claims of any kind which either may have against the County, its employees or agents resulting from the closure of the Valencia Drive connection to Oil Well Road. E's and Commercial Developer hereby hold the County harmless and agree to indemnify the County for any and all claims, other than due to the County's (or its agents or employee's) willful acts or negligence, related to the design and the construction of the Phase One Improvements located on the E's parcel. E's hereby holds the County harmless and agrees to indemnify the County for any and all claims related to environmental contamination caused by E's, attorney's fees and costs pertaining thereto with regard to the E's Easement Property. 11. Commercial Developer shall not be responsible for the failure of E's to perform its obligations hereunder, and E's shall not be responsible for the failure of Commercial Developer to perform its obligations hereunder, and a failure by either Commercial Developer or E's to perform its obligations hereunder shall not be a default of the other (Commercial Developer or E's) under this Agreement. In the event that E's or Commercial Developer shall fail to timely convey or provide easements as to the property interests to the County as required hereunder, or to timely permit the Phase One Improvements, this Agreement shall automatically terminate and be of no further force or effect. In the event the County shall fail to initially construct the Phase One Improvements it is obligated to construct, this Agreement shall be terminated and any property interests conveyed or easements granted by one party to another party shall be released or re- conveyed to the party conveying the property interest or granting the easement. Deal Terms Between E's and Commercial Developer 12. Within thirty (30) days of the execution of this Agreement by the last of the parties, Commercial Developer shall grant to E's, in form and content reasonably acceptable to E's and the Commercial Developer, all easements reasonably necessary to provide E's with temporary access over that portion of the Commercial Developer's vacant property adjoining the areas to be improved by E's, to construct and maintain the Phase One Improvements (other than those being constructed by the County) depicted in Exhibit "B" that are located on the Commercial Developer's parcel. In addition, Commercial Developer shall provide to E's an access easement (in form and content reasonably acceptable to E's and the Commercial Developer) for E's customers and employees over all roadway improvements depicted on Exhibit "B" from time to time constructed within the Commercial Developer's parcel. 13. Within thirty (30) days of the execution of this Agreement by the last of the parties, E's shall grant to Commercial Developer in form and content reasonably acceptable to E's and the Commercial Developer, all easements reasonably necessary to provide Commercial Developer with temporary access over that portion of E's property adjoining the areas to be improved, to construct the Phase Two Improvements depicted in Exhibit `B" that are located on the E's parcel. In addition, E's shall provide to Commercial Developer an access easement (in form and content reasonably acceptable to E's and the Commercial Developer) for Commercial Page 6 of 10 16K 5 Developer and its tenants, and its and their agents, employees, licensees, invitees, tenants and subtenants, and all successors and assigns customers and employees, over all roadway improvements depicted on Exhibit "B" from time to time constructed within the E's parcel. Standard Form Legal Provisions 14. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 15. This Agreement is intended to run with the land. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. E's and Commercial Developer may, as between themselves and their successors and assigns, in the OEA assign and/or allocate portions of their respective obligations under this Agreement. 16. E's and Commercial Developer acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 17. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. In the event the County is precluded from constructing in whole or in part the Phase One Improvements it is obligated to construct hereunder, this Agreement shall automatically terminate and any property interests conveyed (or easements granted) by one party to another party shall be released or re- conveyed to the party conveying the property interest. 18. This is the entire agreement between the parties with respect to the matters set forth herein, and any prior agreements or understandings of any kind are hereby merged and integrated herein. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: As to Commercial Developer: Roberto Bollt 4500 Executive Drive Suite 110 Naples, Florida 34119 Page 7 of 10 16K - 5 - -� With copy to: Stephen Lowitz Orangetree Associates 3521 N. 53rd Avenue Hollywood, Florida 33021 With copy to: Marshall J. Emas, Esq. Shutts & Bowen LLP 200 East Broward Boulevard Suite 2100 Ft. Lauderdale, Florida 33301 As to E's: Burton Eisenbud 21246 -C Clubside Drive Boca Raton, Florida 33434 With copy to: Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North Suite 300 Naples, Florida 34103 As to County: County Manager Harmon Turner Building 3299 East Tamiami Trail, Suite 200 Naples, Florida 34112 With copy to: County Attorney Harmon Turner Building 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 19. Roberto Bollt has executed this Agreement on behalf of the trust ( "Trust") for which he serves as trustee ( "Trustee ") solely in the capacity of trustee and not individually. Therefore, notwithstanding anything to the contrary contained in this Agreement, the parties agree that (i) all covenants, agreements, undertakings and other obligations of the Commercial Developer, or pursuant to any documents, instruments or agreements provided pursuant hereto, or which involve the Commercial Property or any portion thereof, are not intended to impose, and shall not be construed as imposing, any personal or other liability upon Trustee and are solely those of (and shall be performed by) the Trust; (ii) this Agreement has been executed by Trustee as a trustee for the Trust, pursuant to the authority conferred upon him by the agreements governing the Trust and without imposing upon him any liability or obligations; and (iii) no party shall have any claim, demand, action or cause of action whatsoever against Trustee (or Page 8of10 16K -� against any assets or properties other than those of the Trust) arising out of or relating to this Agreement or the transaction contemplated hereby and shall look solely to the Trust for matters involving same. 20. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developers shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developers upon request. The County shall promptly, from time to time upon request, confirm in writing for the benefit of E's and/or Commercial Developer, and each one's respective successors and assigns, whether the obligations of a requesting party have been fulfilled or, if not, the status of same, and whether this Agreement has been amended. In addition, upon request at the time of completion of the Phase One Improvements and/or the Phase Two Improvements, the County shall provide a statement, which may be recorded, confirming such completion. 21. In the event of a dispute under this Agreement, the parties shall first use the County's then- current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest. DWtQ!4 E:°B�OCIC,Clerk ry, �• •• r r s yy M 4` J��•/� � . a r At"O .441W DATED: -131' Witness (Signaturre/) jZ'��.arat ►�- JINO�Oy•�� Name (Print or Type) L1A a x diek . Witness (Signature) 1bAanna_L. i)l.<.i.rl�Ct,Pliil�c., Name (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. W. C'J, — FRED W. COYLE, ChairmfJ E'S COUNTRY STORES, LLC, a Florida limited liability company EISENBUD, Manager Page 9 of 10 DATED: ,E J Witness (Signature) Ki UTA.Cj t l� - Name (Print or Type) Witness (Signature) Y2 pda D aI r Name (Print or Type) Approved as to form and legal ZYQWow cy: " J ffrey A. County Attorney 16K ft 5 ROTO BOLLT!`AS SUCCESSOR TRUSTEE under Land Trust Agreement dated January 27, 1986, recorded in Official Records Book 1347, Page 2331, and amended June 26, 1996, and recorded in Official Records Book 2250, Page 1827, both of the Public Records of Collier County, Florida Page 10 of 10 16K 5 EXHIBIT-A" Lw AWM 4 JAAVU VIJN-47VA CD L-fJ3 C- z A 41 1 x 444 J J 444 - - - - - - - - - - - - 16K 5 EXHIBIT "B" Exhibit "C "- -Road Right of Way Easement LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) 16K 5 The North 11 feet of the East 250 feet of the West 380 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. South Right -of -Way Line of Oil Well Road 179.95' 250' E'S Country Store -0 co 0 1 a) Y PARCEL 1, E ORANGETREE UNIT E THREE, CITRUS o GREENS SECTION, PHASE 1 -A j 4L 0 A- Cn c>s w SKETCH NOT TO SCALE `T Collier County Growth Management Division - Transportation Engineering Department 1110511010:01 AM Exhibit "D" Utility and Slope Easements LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The South 11 feet of the North 22 feet of the East 260 feet, together with the North 11 feet of the West 105 feet, of the West 380 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. South Right -of -Way Line of Oil Well Road E'S Country Store c� tz a) Y PARCEL 1, 0 ORANGETREE UNIT E THREE, CITRUS o GREENS SECTION, PHASE 1 -A J `T Cn co w SKETCH NOT TO SCALE Collier County Growth Management Division - Transportation Engineering Department 11/24/1010:26 AM 16K 5 Exhibit "E" Road Right of Way Easement LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 11 feet of the West 90 feet of the East 179.95 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. ca 0 a� m Y O E E O m J 9, c0 O s Cn M Lu South Right -of -Way Line of Oil Well Road 11' M E'S Country Store PARCEL 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A SKETCH NOT TO SCALE 89.95' `T Collier County Growth Management Division - Transportation Engineering Department 11/05/10 9:57 AM 16K 5 Exhibit 7" Utility and Slope Easements LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 11 feet of the East 89.95 feet, together with the the South 11 feet of the North 22 feet of the West 100 feet, of the East 179.95 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. South Right -of -Way Line of Oil Well Road 89.95' 11' 100' E'S Country Store c� 0 a� a� Y PARCEL 1, E ORANGETREE UNIT E THREE, CITRUS o GREENS SECTION, PHASE 1 -A J t13 4L 0 t co Lu SKETCH NOT TO SCALE `T Collier County Growth Management Division - Transportation Engineering Department 11/24/1010:35 AM EXHIBIT "G" SKETCH & DESCRIPTION (AD01110 tAL ROAD ROT-OF-WAY) A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL 1 OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE I -A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 121 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, RECORDED IN PLAT BOOK PLAT BOOK. 14, PACE 121, OF TIME PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING ON THE SOUTH RIGHT -OF°WAY LINE OF OIL WELL ROAD. STATE ROAD S -858, 100 FEET WIDE RIGHT-OF-WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40;00 FEET; THENCE SOUTHEASTERLY, ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62.83 FEET. THROUGH A CENTRAL ANGLE OF 90100'00 ", BEING SUBTENDED BY A CHORD THAT BEARS S4453'08'E. AT 56.57 FEET; THENCE 5:00'06`52 "W., ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE (100 FEET W10£ RIGHT -OF -WAY) A DISTANCE OF 67.88 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID RIGHT -OF -WAY, 5:0006'52 "W., A DISTANCE OF 100.17 FEET TO A POINT ON A NON - TANGENTIAL CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 63.00 FEET; THENCE NORTHERLY 1155.79 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 10518 "26 ",BEING SUBTENDED BY A CHORD THAT BEARS N.00'06 "52 "E. AT 100.17 FEET TO THE POINT OF BEGINNNC. THE DESCRIBED PARCEL CONTAINS 1733 SQUARE FEET OR 0,040 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS --OF -WAY OF RECORD, BEARINGS ARE BASED ON THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, PLAT BOOK 14, PAGE 121, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, OIL WELL ROAD SCUM RN)tT- CF -WAY OIL Ml ROAD nMWY STATE RM S-W) 19G WE NIGHT-OF-MY POINT OF " 0, COMMENCEMENT m" VAUDCA #WYE ONANorm UNIT THREE I CITRUS ORRIS SECTION. I PHASE 1—A P.9. 14 P6, 121 J { POINT OF I BEGINNING �1 ti I GRAPHIC Sr-ALE � � I IEW.4WIDE C' unUT Y UW rAatZ NE BEARING C PER RAT 1 pISTAN LI 60('06 52"W 61.88 L2 I S0906 *52 100.17 CURVE TABLE CURVE RAONUS DELTA ANGLE ARC CH0R0 CHORD NG G1 40:00' 90'00'00' 62:83' S6i$7 944 53'08'E C2 1 63.(10 105' 18'26- 115JW 100.17 NW06 52-E RHODES & RHODES 72W 1$ NOT d STJRgRi' +* AND SURVEYING, iN TEXT FILE LICENSE #L8 8897 2010- G701iPS OW,DWG 7HOMAS E. RHOVES St. P.SM. 5854 88100 BONITA SPRINGS, FL 34i3STI8iTE 107 drnxn+ Sheet Oki PHONE: (299) 405 -8186 PAX: (299) 405-6169 TCS I 1 of 1 y EXHIBIT "H" SKETCH & DESCRIPTION (1VT,,,VADlE,UT4JTY' &, SLOPE EASEMENT) A PARCEL OR TRACT Or LAND SITUATED IN THE STATE Or FLORIDA, COUNTY OF COWER, LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL I OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1-A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 121 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE I-A, RECORDED IN PLAT 800K PLAT BOOK 14, PAGE 121, OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF OIL WELL ROAD, STATE ROAD S-858. 100 FEET NOE RIGHT-OF-WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS Of 40.00 FEET; THENCE SOUTHEASTERLY, ALONG THE WESTERLY RIGHT-OF-WAY OF VALENCIA DRIVE AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62.83 FEET, THROUGH A CENTRAL ANGLE OF 90'00`001', BEING SUBTENDED BY A CHORD THAT BEARS 5.44*53'08*E, AT 56.57 FEET; THENCE S.00-06-52-W., ALONG THE WESTERLY RIGHT-OF-WAY OF VALENCIA DRIVE (100 FEET WOE RIGHT-OF-WAY) A DISTANCE OF 55.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, THENCE CONTINUE ALONG SAID RIGHT-OF-WAY, 5.00'06'52"W., A DISTANCE OF 12,11 FEET TO A POINT ON A NON - TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 63-00 FEET; THENCE SOUTHERLY 115.79 FEET ALONG THE ARC OF THE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 105'18'26', BEING SUBTENDED BY A CHORD THAT BEARS S.00*06'57'W. AT 100.17 FEET; THENCE S.0006'52*W., A DISTANCE OF 12.11 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 73.00 FEET; THENCE NORTHERLY 148.89 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 116751'40`, BEING SUBTENDED BY A CHORD THAT BEARS N_0O'O6'52*E AT 12*,39 FEET TO THE POINT OF BEGINNING, THE DESCRIBED PARCEL CONTAINS 1324 SQUARE FEET OR 0,030 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD. BEARINGS ARE BASED ON THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE I-A, PLAT BOOK 14, PACE 121, PUBLIC RECORDS OF COWER COUNTY, FLORIDA. POINT OF COMMENCEMENT NMNWM GWIER WAMM we DRANGEME UNIT THRIM OT" SIGINS SECTIM. pK4w I-A lz PIP "* 22M 18 NOT A SMVZY 0" m RHODES & RHODES AND SURVEMO, 11 LICENSE OLD 6697 28100 BONITA GRANDE DRM SUr= 107 drawn, sheet BONnA SPRINCS, FL 34135 1 TICS 1 of 1 PHONE: (239) 405-8186 FAX: (239) 4065 8169 1 1 LIAC rABLE LINE 41 DISTANCE L' 55,77, CRAP�#C SCALE L2 I "- '5o' "* 22M 18 NOT A SMVZY 0" m RHODES & RHODES AND SURVEMO, 11 LICENSE OLD 6697 28100 BONITA GRANDE DRM SUr= 107 drawn, sheet BONnA SPRINCS, FL 34135 1 TICS 1 of 1 PHONE: (239) 405-8186 FAX: (239) 4065 8169 1 1 LIAC rABLE LINE I BEARING DISTANCE L' 55,77, L2 1 EP521w O�K2_w 12.11' 1,13 1 SWO6,52-W 1 12.11 "* 22M 18 NOT A SMVZY 0" m RHODES & RHODES AND SURVEMO, 11 LICENSE OLD 6697 28100 BONITA GRANDE DRM SUr= 107 drawn, sheet BONnA SPRINCS, FL 34135 1 TICS 1 of 1 PHONE: (239) 405-8186 FAX: (239) 4065 8169 1 1 EXHIBIT "I" SKETCH & DESCRIPTION (tZVOE SLOPE EASEMENT) A PARCEL, OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA. COUNTY OF COWER, LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST. AND BEING A PORTION OF PARCEL 1 OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1-A. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14. PACE 121 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO THE PLAT OF ORANGETREE UNIT THREE. CITRUS GREENS SECTION. PHASE 1-A, RECORDED IN PLAT BOOK PLAT BOOK 14, PAGE 121, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, ALSO SONG ON THE SOUTH RIGHT-OF-WAY LINE OF OIL WELL ROAD, STATE ROAD 5-858, 100 FEET WOE RIGHT-OF-WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET. THENCE SOUTHEASTERLY, ALONG THE WESTERLY RIGHT-OF-WAY OF VALENCIA DRIVE AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62.83 FEET, THROUGH A CENTRAL ANGLE OF 90`00*00'. BEING SUBTENDED BY A CHORD THAT SEARS S-44*53'08*E. AT 56.57 FEET; THENCE S.00'06'52*W, ALONG THE WSTERLY RIGHT-OF-WAY OF VALENCIA DRIVE (100 FEET WIDE RIGHT-OF-WAY) A DISTANCE OF 42.04 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, THENCE CONTINUE ALONG SAID RIGHT-OF-WAY, S=0652-W., A DISTANCE OF 13.73 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 73.00 FEET: THENCE SOUTHERLY 148.89 FEET ALONG THE ARC OF THE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 116*51'40", BEING SUBTENDED BY A CHORD THAT BEARS &OO`O8'52'W. AT 124Z9 FEET; THENCE &WOW52N., A DISTANCE OF 13,73 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 85.00 FEET: THENCE NORTHERLY 167.76 FELT ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 126'33'40*, BEING SUBTENDED BY A CHOW THAT BEARS N.00*06'52*E. AT 151,85 FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 2020 SQUARE FEET OR 0.046 ACRES, MORE OR LESS. SUBXCT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD. BEARINGS ARE BASED ON THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE I-A, PLAT BOOK 14, PACE 121, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. POINT OF COMMENCEMENT WHOEST OWIER VALEWA MW ORA"TWE W1 MEE OMA GREENS SEMON. PHASE I -A P.8. 14. M 121 POINT OF BEGINNING 0" TJHS IS NOT A SWMY 00# RHODES & RHODES AND SURVEM0, 11 LICENSE #LH 6897 28100 BONITA GRANDE DRIVE sheet DONITA SPRINGS. FL 34135 1 TCS I of 1 PHONE: (298) 405-8188 FAX: (239) 40 5_8163 1 CRAPHIC SCALE 1. sol EXISIM UNE TABLE IV WDE U NE 11MIN G DIS TANCE umrf t4wAw 't F I 0 06 52.W 42.04' PER PLAT I L2 S00'06 52 13,73' L3 I 500`06 '52 I 13.73 0" TJHS IS NOT A SWMY 00# RHODES & RHODES AND SURVEM0, 11 LICENSE #LH 6897 28100 BONITA GRANDE DRIVE sheet DONITA SPRINGS. FL 34135 1 TCS I of 1 PHONE: (298) 405-8188 FAX: (239) 40 5_8163 1 A' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper- Attach to original document. Original documents should be hand delivered to the Board Otticc -]'lie completed routing slip and original documents are to be forwarded to the Board Oflice only after the Board has taken action on the item.) ROUTING SLIP ,,,rrrrrr Complete routing lines # I through #4 as appropriate for additional signatures, dates, and /or intbrmation needed If the document is already com etc th, ;hp d-- o tin, rh.nuoh rnurino linen NI thnwah 94...molete the checklist and forward to Ian Mitchell flin #5 'e ............ . _. _._ .... ._.._. _ _ Route to Addressee(s) Office Initials Date (List in routing order) +' i -) rf� !3 >l (Initial) Applic able) 1 . Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number 2. t l signed by the Chairman, with the exception of most letters, must be reviewed and signed y a .- Number of Original 1 i 4. +.+ Documents Attached 5. Ian Mitchell, BCC Supervisor Board of County Commissioners Ih /l l 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending I3CC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including lion Mitchell, need to contact statrfor additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC of fee only after the BCC has acted to approve the Name of Primary Staff j /Phone '� Y/ .i Number ,+ Contact +' i -) rf� !3 >l (Initial) Applic able) Agenda Date Item was Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number Approv ed by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document a .- Number of Original Attached +.+ Documents Attached INSTRUCTIONS & CHECKLIST PLEASE scan under to the l3MK Keal Property power. I nank you t� SOPr o �r-'r-S Ct.t� t ,., S Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) I. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from j contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. �'- 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain t time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on r' / ' (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. PLEASE scan under to the l3MK Keal Property power. I nank you t� SOPr o �r-'r-S Ct.t� t ,., S INSTR 4548602 OR 4671 PG 1991 PROJECT: Oil Well Rd. #60044 DWIGHT E BRO K01C CLERK OFTHEECIRCUIT COURT 6h 5 Utility Release COLLIER COUNTY FLORIDA REC $78.00 INDX $1.00 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this day of aq rc.h 2011, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, Go the Office of the County Attorney, Suite 800, Naples, Florida 34112, (hereinafter referred to as "County"), and EMBARQ FLORIDA, INC. d /b /a CENTURYLINK, fka SPRINT - FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, a Florida corporation, whose mailing address is 600 New Century Pkwy., Mail Stop KSNCAA0133- RETA600, New Century, Kansas 60031 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in those certain tracts or parcels 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 collectively referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way, sidewalk, utility, drainage, slope and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, utility, drainage, slope 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 within the Property, 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, sidewalk, utility, drainage, slope and maintenance facilities over, under, through, upon, and /or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF DATE FROM OR IN FAVOR OF RECORDED ENCUMBRANCE AGAINST BOOK -PAGE Plat Book 3/15/88 Amnon Golan, United Plat Book 14, Dedication Trustee Telephone Co. Page 121 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, a-&4 l,C4, "+y 4o days corgi4d4', n0+1c.& Ydw EMBARO SUBORDINATION OF UTILITY INTERESTS Last Revised 10/15/10 3TheUfl' hl 6K 5 Ity s a I 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 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 and year first above written. ATWn BOARD OF COUNTY COMMISSIONERS TJWI�HT E; ;BROOK, Clerk COLLIER CO NTY, FLORIDA BY: .. LJ algnpt . e on u Clerk FRED W. COYLE, Chairm Signed, sealed and delivered in our presence as witnesses: WIT ESS (Signature) Name: (AV /J (Printbr Type) -WITNESS (Signature � _� Name: / el I, (Print or Type) STATE OF _FI (Y i U COUNTY OF _Q ,,tC cj EMBARQ FLORIDA, INC. dba CENTURYLINK, fka Sprint Florida, Incorporated, successor by merger to United Telephone Company of Florida, a Flo a corporation By: W m . Title: The foregoing Subordination of Utility Interests was acknowledged before me this 3 da of n 2011, by�� r\ (3x711 inc� (Name), as —_ Title), of EMBARQ FLORIDA, INC. dba CENIURYLINK, fka Sprint - Florida Incorporated, successor by merger to United Telephone Company f Florida, a Florida corporation, who is ersonally known to me or who has produced �p4�YW y p as identification. —� (affix r0leAdl@" Notary Public State of Florida My Commiealon Expires 03 10612015 Cox mission No. EE61413 Approved as to form and legal sufficiency: 7�NNIFf.1� lj• wrj ►ti: Assistant County Attorney EMBARQ SUBORDINATION OF UTILITY INTERESTS Last Revised 10/15/10 ( Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): C UL/ )3 My Commission Expires: *`r`-"" 16K5 rew4ftwo,�59 RO uE LEGAL DESCRIPTION & SKETCH (NOT A SIJRVEI) The North 11 feet of the East 250 feet of the West 380 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. 11' -o co 0 ry Ile m a� m 0 O E E 0 m J m m W South Right -of -Way L 250' E'S Country Store ne of Oil Well Road 179.95' PARCEL-1 ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A `T SKETCHNOT TO SCALE Colller County Growth Management Division • TransnMaenn c,,, i- - -.,__ M0040 =NG POR L. NON - EXCLUSIVE UM" "M NNIIGE EXHIBIT A 1110511010:01 AM 16K5 LEGAL DESCRIPTION 8 SKETCH (NOT A SURVEY) The South 11 feet of the North 22 feet of the East 260 feet, together the North 11 feet of the West 105 feet, of the West 380 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. 11' South Right -of -Way Line of Oil Well Road 105' E'S Country Store m o PARCEL 1, E ORANGETREE UNIT w THREE, CITRUS GREENS SECTION, PHASE 1 -A ro w \T SKETCHNOT TO SCALE C0111er County Growth Management DMaton • TransWatlon Engineering Department ' WV AA U �aQ�SNE 11/24/1010:26 AM 16K 5 unuye, ima[ umwan - i ransportadon Engineering Department 11/05/109:57 AM EXHIBIT A Page -a. FEE SIMPLE INTEREST LEGAL DESCRIPTION 8 SKETCH (NOT A SURVEI) The North 11 feet of the West 90 feet of the East 179.95 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. South Right -of -Way Line of Oil Well Road 11' 89.95' 90' E'S Country Store a m x 0 a� Y PARCEL 1, E ORANGETREE UNIT E THREE, CITRUS o GREENS SECTION, J PHASE 1 -A a Q `T r of R y co W SKETCHNOT TO SCALE unuye, ima[ umwan - i ransportadon Engineering Department 11/05/109:57 AM EXHIBIT A Page -a. Mamma L6oF�Ea 16K SKETCH & DESCRIPTION (ADDITIONAL ROAD RIGHT'- OF =WA'n A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL I OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION PHASE 1 -A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 121 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO THE PUT OF CRANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, RECORDED IN PLAT BOOK PLAT BOOK 14, PAGE 121, DS OF THE PUBLIC RECOR OF COLLIER COUNTY, FLORIDA, ALSO BEING ON THE SOUTH RIGHT -OF -WAY LINE OF OIL WELL ROAD, STATE ROAD S-gg8, 100 FEET 0010E RIGHT -OF -WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40,00 FEET; THENCE SOUTHEASTERLY, ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62.83 FEET. THROUGH A CENTRAL ANGLE OF 90'00'00', BEING SUBTENDED BY A CHORD THAT BEARS S.44'53'08'E. AT 56.57 FEET; THENCE S.00VB'52'W., ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE (1DO FEET WIDE RIGHT -OF -WAY) A DISTANCE OF 67.88 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL THENCE CONTINUE ALONG SAID RIGHT -OF -WAY, S.00'06'52'W., A DISTANCE OF 100.17 FEET TO A POINT ON A NON - TANGENTIAL CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 83.00 FEET; THENCE NORTHERLY 115.79 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 105- IW26',9EING SUBTENDED BY A CHORD THAT REARS N.00716'52'E. AT 100.17 FEET 70 THE PUNT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 1733 SQUARE FEET OR 0,040 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS -OF -WAY OF RECORD. BEARINGS ARE BASED ON THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, PLAT BOOK 14, PACE 121, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FEE E E OIL NEU ROAD 7Baum bat -v -9Ar a Y01. PIEI9 r FTAIT 1100a s- Im P[E Hart- aP -l9r -A — � \ C� EMENT \ aAn r UN1cam a _am IM 1 I I I I PUNT OF i BEGINNING A I � c I D 2S. 80' i GRAPI#C SCALE E I 7 - so' I � , Eto' vroca unuTr EA$LENr L2 S00'OB S M PLAT LNE a. U2 1S6T CE 66 1 17 0652 OURVE 1:ADI S CURIE TABLE TA ANGLE ARC CHORD CHORD NG CI 40.00 9P0000 62.83 56.37 C2 63.00 105'1826 115.79 544'33 OB 100.17 NOVO6 52 E Ir RHODES ! RRODE9 THIS IS NOT A SEORVTr X44 L477D 9URVEYD4O, FNC TEXT FILE LFCSN88 ow 8897 90 -960 CON" low. 0 7NgNAS E. R//OOES SR, P.SM. 38$1 25100 nONCfA aRAN08 nANE S1FiT8 107 gram, '1 9, PBONR U�T'9 Tl06p81�68GP,O[( 89)3406 -8169 TCS 1 of 1 N EXHIBIT & mw Page cd, .. �OK5 wiwlo�. 619 u - -� •� ^^ ..�, in unuwm management umsion - Transportagon Englneedng Department 11124/1010:35 AM E)MW,o4 PW S LEGAL DESCRIPTION & SKETCH PER 30 / C � SLOPE AND �� The North 11 feet of the East 89.95 feet, together with the the South 11 feet of the North 22 feet of the West 100 feet, of the East 179.95 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. South Right -of -Way Line of Oil Well Road 89.95' 11' 100' E'S Country Store v 0 m m o PARCEL 1, E ORANGETREE UNIT E THREE, CITRUS o GREENS SECTION, m c J PHASE 1 -A T f0 o �T t m N f0 W SKETCH NOT TO SCALE •� ^^ ..�, in unuwm management umsion - Transportagon Englneedng Department 11124/1010:35 AM E)MW,o4 PW S 16K PERPETUAL CLTLOPE ANDINNIMEASMAEN SKETCH & DESCRIPTION (10': WIDE'S ILnrr & . SLOPE. EASEMENT) A PARCEL OR TRACT OF LANG SITUATED IN THE STATE OF FLORIDA, COUNTY OF COWER, LYING IN SECTION 23, 48 TOWNSHIP CT SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL 1 OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 121 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION. PHASE I -A, RECORDED IN PLAT BOOK PLAT BOOR 14, PAGE 121, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, ALSO BEING ON THE SOUTH RIGHT -OF -WAY LINE OF OIL WELL ROAD, STATE ROAD S -858, 100 FEET WIDE RIGHT -OF -WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY. ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62"83 FEET, THROUGH A CENTRAL ANGLE OF 9OTH1'00', BEING SUBTENDED BY A CHORD THAT BEARS S4453'08'E AT 56.57 FEET; THENCE S.OUr06.52'W., ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE (100 FEET WIDE RIGHT -OF -WAY) A DISTANCE OF 55.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID RIGHT -OF -WAY, S.00'OWS2'W.. A DISTANCE OF 12.11 FEET 1 A POINT ON A ry0N- TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 63.00 FEET: THENCE SOUTHERLY 115.79 FEET ALONG THE ARC OF THE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10518'28 REINC SUBTENDED BY A CHORD THAT BEARS 5.0096'52 "W. AT 100.17 FEET; THENCE S.00'OW52 -W., A DISTANCE OF 1211 FEET TO A POINT ON A NON - TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 73.00 FEET: THENCE NORTHERLY 148.89 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 11631'40% BEING SUBTENDED BY A CHORD THAT BEARS WG096'52'E AT 124.39 FEET TO THE POINT OF BEGINNING, THE DESCRIBED PARCEL CONTAINS 1324 SGUARE FEET OR 0.070 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS. RESERVATIONS AND RIGHTS -OF -WAY OF RECORD. BEARINGS ARE BASED ON THE PUT OF DRANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE I -A, PLAT BOCK 14, PACE 121, PUBLIC RECORDS OF COWER COUNTY, FLORIDA. OIL TIELL ROAD WmT IwlTa_my oL N'1L Rw9 r STAR Rah s Im N9: Nara -ur POINT OF L+j NCaOUmMiNarC9m m T vAU1l5A c6n \ n A au6Te� ' PINY 1 -A v.A IA % IV J POINT OF w BEGINNING i �I I O p,5 _spr 6WAP�H/�C - SC,4�LEi E I 1 i 50' � � I m" PER EA N T I INE TAB F NAT i LINE B RING 6fANCE Lt SO 065 55.77 LZ 500'08'52W 12.11' L3 I .,,a S2 w 1211 CURVE RApIVS CURW TABLE C7 {U 00 9�W 00 ARC CHORD CHORD BEARING C2 6.00 1 82 62, 56.7 544'S306E CJ 73.00' 11651'40' i l .79 1 .17 SW 6 52 148.89' 124.39' N0606'S2'E RHODES & NEI W •'• TM 2S NOT A SURV" ••• ND SURVEYING, ING TE %i FRE LTCENSB /78 6867 ILL 010 -960 C OlIPB Np 1HOMAS E RHODES V..r P,S,M. 5854 26100 BONITA GRANDE DRIVE SUrrE 107 dr6n11 sheet pi PRONG: B(2822406PBEtt6 PAR: (850)3405 -6183 TICS 1 of 1 N y , 16K 5 ► : . R� SKETCH & DESCRIPTION (I2 '"DE'SLOPE .EASEMIE11M A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COWER, LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL 1 OF ORANCETREE UNIT THREE. CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 121 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO THE PLAT OF ORANCETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, RECORDED IN PLAT BOG( PLAT BOOK 14, PAGE 121, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BONO ON THE SOUTH RIGHT -OF -WAY LINE OF GL WELL ROAD, STATE ROAD S -858. 100 FEET WIDE RIGHT -OF -WAY, AND ON AN ARC OF A CURVE. CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE SOUIHEASTENIY, ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62.83 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', BEING SUBTENDED BY A CHORD THAT BEARS 0 FEET AT 56.57 FEET; THENCE SOOVB'SeW., ALONG THE WESTERLY RIGHT-OF-WAY WAY OF VALENCIA DRIVE (100 FEET WIDE RIGHT -OF -WAY) A DISTANCE OF 42.04 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID RIGHT -OF -WAY, S.00D5.52 -W., A DISTANCE OF 13.73 FEET TO A POINT ON A NON - TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 73.00 FEET; THENCE SOUTHERLY 148.89 FEET ALONG THE ARC OF THE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 11651'40', BEING SUBTENDED BY A CHORD THAT BEARS S.DODB'52'W. AT 124.39 FEET; THENCE S.OIT'OB'S2'W, L DISTANCE OF 13.73 FEET TO A POINT ON A NON - TANGENTIAL CURVE CONCAVE EASTERLY HAVING . RADIUS ., 85.00 FEET; THENCE NORTHERLY 187.76 FEET ALONG 'DIE ARC OF TI0: CURVE TO THE RIGNT THROUGH A CENTRAL ANGLE OF 126'33'40', BEING SUBTENDED BY A CHORD THAT BEARS N.00'06'52"E AT 151.85 FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 2020 SQUARE FEET OR 0.046 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS -OF -WAY OF RECORD. BEARINGS ARE BASED ON THE PLAT OF ORANGEIREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, PLAT BOOK 14, PACE 121, PUBLIC RECORDS OF COWER COUNTY, FLORIDA. OIL WELL ROAD SOIIPI Raft -V -WAY Q RTL AO7�� POINT OF \ O� COMMENCEMENT lQ01IMST MRRR VRDKIA NA MA11OM URT 1RBE aRy amn 9RnOA R 1 -A 14 R ID POINT DF TUAL NON - EXCLUSIVE BEGINNING SLOPE EASEMENT I�Q i I a 04 I I b P O 75' 30' R 1 1 GJPAPH/C 0' YE, I 1 50' n I J LU4 NG NNE T (F UPUTY EA F: T LINE BEARING MQNArNCt PER PUT L7 S00'OB b2 OB 2 42 CURVE RADIUS DELTA DUE CURVE TABLE C1 40.00 90'00 C8HORD CHORD BEARING C2 73.00 i1BS110 Bb3 57 S4 CS BQ00 1 6 4a 1B Ib1.85 NWOB 52 E Ir RHODES & RHODES 2'718 IS NOY A SURYEY •" LAND SURVEYING, IIVC TEXT FILE UCENSH ;/LB 6897 20 -960 YPB PS. THOMAS E RHODES SiP., P.SM. 58$4 28100 BONITA GRANDE DRIVE BIHT'E 107 dra9ro sheet B, BONITA SPRINGS, PI. 9413E PRONE: (299) 405 -8186 FAY: (819) 405 -Bleb TC9 1 OF 1 N EXHIBIT .14 Page . '' PROJECT: Oil Well Road #60044 This instrument prepared by: Florida Power & Light Company P.O. Box 1119 Sarasota, FL 34230 -1119 16K!;iI INSTR 4548603 OR 4671 PG 2000 RECORDED 411312011 2.59 PM PAGES 9 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $78.00 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this 12& day of 2011, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter called th "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 highway purposes; and WHEREAS, the proposed use of these lands for highway 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 DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK, PAGE Plat Book Dedication 3/15/88 Amnon Golan, Trustee Florida Power & Light Plat Book 14, Company Pa e 121 The County and the Utility further agree that: I. "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. The Utility agrees to repair any damage to County facilities and to indemnify the County against any laic c6xgD 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. ATTIk;,S;Tti, PViU16l• tjr,8ROCK, Clerk ,t ,ii LO CAS��CI�rk Signed, sealed and delivered in the presence of Print N e: OLL Q, r /Y&7� c Nd l'' By: Print Name: STATE OF FLORIDA, COUNTY OF SARASOTA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: FRED W. C/O�YLE, CHAIRMA FLORIDA POWER & LIGHT COMPANY By: Title: West Area Real E tt'Manager Print Name: Mark L. Byers (Corp. Seal) 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. WITNESS my hand and official seal in the County and State aforesaid this 2-1 day of , ra t 2011. ( ) �� tiL'V7'' -- affix notarial seal '� � �— (Signature of Notary Public) S 1. /-" j I I ',j 4 (Print Name of Notary Public) Serial / Co " Nil MMy Comm It471P14 " �W lers Approved as to form and legal sufficiency: Assistant County Attorney FPL Subordination Agreement i (itt - � •0aa111011L Urviemn - i ransportaaon Engineering Departrnent 11/05/1010:01 AM ��T*0 N"MYXDFWMGE 1.A SaW EXNIB,T A Pme-J. LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 11 feet of the East 250 feet of the West 380 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, Page 121, RECORDED IN Plat Book 14, of the Public Records of Collier County, Florida. South Right -of -Way Line of Oil Well Road 11' 179.95' 250' E'S Country Store m m 0 G= m m o PARCEL 1, ORANGETREE UNIT E THREE, CITRUS 0 GREENS SECTION, J PHASE 1 -A a m `T m m Lu SKETCH NOT TO SCALE - � •0aa111011L Urviemn - i ransportaaon Engineering Departrnent 11/05/1010:01 AM ��T*0 N"MYXDFWMGE 1.A SaW EXNIB,T A Pme-J. -1 6K5 •••......1�1 =11L L0mmon . I renspenenon Engineering Deperanent 11124/1010:26 AM CUMNE SLM AWUTRMEAmq*W LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The South 11 feet of the North 22 feet of the East 260 feet, together with the North 11 feet of the West 105 feet, of the West 380 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. South Right -of -Way Line of Oil Well Road 11' 105' 179.95' 260' E'S Country Store v 0 m m Y PARCEL 1, E ORANGETREE UNIT THREE, CITRUS o GREENS SECTION, PHASE 1 -A a Q `T r N CU W u SKETCHNOT TO SCALE •••......1�1 =11L L0mmon . I renspenenon Engineering Deperanent 11124/1010:26 AM CUMNE SLM AWUTRMEAmq*W 16K5 FEE SIMp� E IWEREST LEGAL DESCRIPTION 8$ SKETCH (NOT A SURVEY) The North 11 feet of the West 90 feet of the East 179.95 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. South Right -of -Way Line of Oil Well Road 89.95' 90' E'S Country Store a cc 0 0 (D m Y PARCEL 1, E ORANGETREE UNIT E THREE, CITRUS o GREENS SECTION, PHASE 1 -A J T Q 1� t ✓71 Q' ; N W SKETCHNOT TO SCALE collier county Growth Management Division - Transportation Engineering Department 11105/10 9:57 AM EXHIBIT A Page .a. of-.4, J 16K5 SKETCH & DESCRIPTION (ADDITIONAL ROAD RIGHT -OF -WAY) A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COWER, LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL 1 OF ORANCETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 121 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO THE PLAT OF ORANCETREE UNIT THREE, C17RUS GREENS SECTION, PHASE 1 -A, RECORDED IN PLAT BOOK PLAT BOOK 14, PAGE 121, OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA, ALSO BEING ON THE SOUTH RIGHT -OF -WAY LINE OF OIL WELL ROAD, STATE ROAD S -858, 100 FEET NOE RIGHT -OF -WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY, ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62.83 FEET. THROUGH A CENTRAL ANGLE OF 9000'00', BEING SUBTENDED BY A CHORD THAT BEARS S.4453'08"E, AT 56.57 FEET; THENCE S.0006'52'W., ALONG THE WESTERLY RIGHT-OF-WAY OF VALENCIA DRIVE (100 FEET WIDE RIGHT -OF -WAY) A DISTANCE OF 87.88 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. THENCE CONTINUE ALONG SAID RIGHT -OF -WAY, SAO106'52 "W., A DISTANCE OF 100.17 FEET TO A POINT ON A NON - TANGENTIAL CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 53.00 FEET: THENCE NORTHERLY 115.79 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 10598'26'.BEING SUBTENDED BY A CHORD THAT BEARS N.00MS'52'E. AT 100.17 FEET TO THE PONT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 1733 SOUARE FEET OR 0.040 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVAODNS AND RIGHTS -OF -WAY OF RECORD. BEARINGS ARE BASED ON THE PLAT OF ORANGETREE UNIT THREE. CITRUS GREENS SECTION, PHASE 1 -A, PLAT BOOK 14, PACE 121, PUBLIC RECORDS OF COWER COUNTY, FLORIDA. "REST FEE 8#4WLE OIL WELL ROAD svml War -a -9Ar a B0L ROID r sale rqW s- Ittl Icl R11MKA -Mr P&W OF \ C, COMMENCEMENT \ xwrMrtsr CVAIER MWE11 aIABfEA[1 uBr lxrs[ j PIWIB 4R1119 YCBBIL PIIA$ 1-A P.B. 14 P0. IT 1 I PaNr DF BEGINNING W � AI z' q9 > I o > GWAPHIC SCALE 150' i DBS1NC FI ul LAS11AWW FNr PD PUT CHORD rH&M BEARING j. RHODES k RINI TEIS IS NOT I SURVEY ••• !M'D 3URVEYINC, INC TEXT FILE LICENSE IS 0697 ACAD FILE- 8010 -900 COMPS G THOMAS E RHODES SR PSN 5854 28100 BONITA GRANDE DRIVE SUITS l0? tlrnrm 5hppt k, BONTIA SPRINGS. PL 94136 PRONG (289) 406 -6168 PAX: (890) 405 -8169 TCS 1 of 1 u EXHIFI!T L Pap 002.._ CURVE TABLf CURVE RADIUS DELTA ANGLE ARC c1 4o GO 9D•ooGOTT -> --- r - ----1 —I I C2 LINE TABLE UNE BFAPoNG p500.06 S4 .8300652 .17 16K5 A 6Uur -1 LEGAL DESCRIPTION & SKETCH R �p �VSLOPE The North 11 feet of the East 89.95 feet, together with the the South 11 feet of the North 22 feet of the West 100 feet, of the East 179.95 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. South Right -of -Way Line of Oil Well Road 89.95' 11' 100' E'S Country Store m 0 m m Y PARCEL 1, E ORANGETREE UNIT E THREE, CITRUS o GREENS SECTION, PHASE 1 -A M w 0 L 07 N M W SKETCH NOT TO SCALE Collier County Growth Management Division - Transportation Engineering Department N 11/24110 10:35 AM 16K5 P OWMAL, NON-EXCLUSIVE SLOPE AND UTIM MENENT SKETCH & DESCRIPTION (10' WIDE UTILITY & SLOPE EASEMENT) A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLUER, LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL 1 OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PACE 121 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, RECORDED IN PLAT BOOK PLAT BOOK 14, PAGE 121, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING ON THE SOUTH RIGHT -OF -WAY LINE OF OIL WELL ROAD, STATE ROAD S -858, 100 FEET WIDE RIGHT -OF -WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY, ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 6283 FEET, THROUGH A CENTRAL ANGLE OF 90W OO', BEING SUBTENDED BY A CHORD THAT BEARS S.4453'08'E, AT 56.57 FEET; THENCE S.DD'06'52'W., ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE (100 FEET WIDE RIGHT -OF -WAY) A DISTANCE OF 55.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE CONTINUE ALONG SAID RIGHT -OF -WAY, S.00'06'521V., A DISTANCE OF 12.11 FEET TO A POINT ON A NON - TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 63.00 FEET; THENCE SOUTHERLY 115.79 FEET ALONG THE ARC OF THE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10518'26, BEING SUBTENDED BY A CHORD THAT BEARS S.00T6'52 -W. AT 100.17 FEET; THENCE S.00T8'52'W., A DISTANCE OF 12.11 FEET TO A POINT ON A NON- TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 73.00 FEET; THENCE NORTHERLY 148.89 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 116'51'40', BEING SUBTENDED BY A CHORD THAT BEARS N.OP06'52'E AT 124.39 FEET TO THE POINT OF BEGINNING, THE DESCRIBED PARCEL CONTAINS 1324 SQUARE FEET OR 0.030 ACRES. MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS -OF -WAY OF RECORD. BEARINGS ARE BASED ON THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE I -A, PLAT BOOK 14. PACE 121, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. OIL WELL ROAD 671M 6G1 -d -aY n'A0l AoAO r STATE A41D L la Ace NfNi -6 -ar POINT OF \ Oj COMMENCEMENT \ xwmATST cc6m ' mmuAm my TAATE 01M6 Q YCNpTI, HWC 1 -A V e.LLPLL tT I I I I I POINT OF r BEGINNING I I � r4 I GRAPH/0 5"LE i I I1 30' J � 1 OosTNC TY F� lv Wln —+ WE u9U EAAYENT PfA NAT RHOOEE & RHODES - "' 77UY IF NOT A SURVEY "' LAND SURVEYING, LIV TEXT F[LE LrcrNSE /I8 6897 010 -960 CO G 7HGM/AS E 25100 BONITA GRANDE DRIVE BUTTE 107 d�urrl, sheet 6. GOES SR., P.SN. 5554 BON17A BPRINGB, YL 34L35 PRONE (269) 406 -8166 PAT- (200) 406 -6160 TC9 1 of 1 N NYE TABLE LINE BURNHC DELTA ANGLE L1 5000652 §C'E. L2 2'W 900000 62.83 SOPOB 52 S44'SJ CURVE TABLE CURVE RADIUS DELTA ANGLE ARC CHORD CHORD BLARING C1 40.00 900000 62.83 56.37 S44'SJ C2 63.00 1051828 115.79 100.17 500'06 2 CJ 73.00' 118'51'40' 148.88' 12x.39' N00'08'S2i Eimlelar N SKETCH & DESCRIPTION (12' WIDE SLOPE EASEMENT) A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL 1 OF ORANCETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PACE 121 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, RECORDED IN PUT BOOK PLAT BOOK N, PAGE 121, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING ON THE SOUTH RIGHT -OF -WAY LINE OF OIL WELL ROAD. STATE ROAD S -858, 100 FEET WDE RICHT -OF -WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY, ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62.83 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', BEING SUBTENDED BY A CHORD THAT BEARS S4453'08'E. AT 56.57 FEET; THENCE 50096'S2'W, ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE (100 FEET WIDE RIGHT -OF -WAY) A DISTANCE OF 42.04 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID RIGHT -OF -WAY, S,00T08'52'W., A DISTANCE OF 13.73 FEET TO A POINT ON A NON - TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 73.00 FEET; THENCE SOUTHERLY 148.89 FEET ALONG THE ARC OF THE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 11651'40', BEING SUBTENDED BY A CHORD THAT BEARS S.00'W'52'W. AT 124.39 FEET; THENCE S.OGV6'52'W., A DISTANCE OF 13.73 FEET TO A POINT ON A NON - TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF B5.00 FEET; THENCE NORTHERLY 187.76 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 126'33'40', BEING SUBTENDED BY A CHORD THAT BEARS N.00V6'52'E. AT 151.95 FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 2020 SQUARE FEET OR 0.046 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS -OF -WAY OF RECORD. BEARINGS ARE BASED ON THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, PUT BOOK 14, PAGE 121, PUBUC RECORDS OF COWER COUNTY, FLORIDA. OIL WELL ROAD lOU111 R91T -4 -IMT 0. 1[LL 7PEmRPIETUAL POINT OF \ cl COMMENCEMENT mw Y'RIA! PAN I-A SQ1KK 1-A Rl Il PG 1]I J NON- EXCLUSIVE POINT O BEGINNING SLOPE EASEMENT S 8 i B qI � I ¢ I ti U U W � I GRAPH1C SCALE 7'— 50' M 1 OPSmc _---IJ u NWF UI T EA"ENI PLR PUT RHODES & HOD JOB TRES 1S NOT A SURVEY NN• GND 3URV817NC, 7NC TEXT FILE 2JC8N58 �T8 8897 20[0-960 C01@8 PE G DPOIVAS E RHDO'ES SR., P.". 5854 28100 BONITA GRANDE DRIVE SUITE 107 dra". sheet R7, BONIrA SPRINGS, n 84136 TC3 1 of 1 PRONE: (299) 405 -8166 PAR: (999) 406 -9169 LNVE TABLE LINE BEARING 05TANCE L1 500'06 32 42.04 L2 500'09 52 13.7J l3 500'06 52 13.73 CURVE TABLE CURVE MDIUS DELTA ANGLE ARC CHORD CHORD BEARING CI 40.00 900000 82.83' 58.57 SM'S308E C2 73.00 116'5140 148,89 124.39 SOP0652 C3 85.00 726'3310 167.76 151.65 N00'OB 32 EXHIBIT .14 Page 7 ni e7 16K.t� PROJECT: Oil Well Road #60044 16K5 INSTR 4548604 OR 4671 PG 2009 RECORDED 411 3/201 1 2:59 PM PAGES 9 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $78.00 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this.;k day of 1�,b 2011, by and between COLLIER COUNTY, a political subdivision of the State 6f Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County "), and COMCAST OF THE SOUTH, INC., successor in interest to FLORIDA CABLEVISION MANAGEMENT CORP., a Colorado corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113 -8074 (hereinafter referred to as "Utility "). WITNESSETH: WHEREAS, the Utility has an interest in those certain tracts or parcels 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 collectively referred to as the "Property "); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way, sidewalk, utility, drainage, slope and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, utility, drainage, slope 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 within the Property, 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, sidewalk, utility, drainage, slope and maintenance facilities over, under, through, upon, and /or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK -PAGE Plat Book 3/15/88 Amnon Golan, Cable Television Plat Book 14, Dedication Trustee Franchise Company Page 121 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 f nMCART SURORMNATTON nF TJTTT,TTTFR 16K 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 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 and year first above written. ATTEST: " " �'r, D rTfiT E. BROEK, Clerk Attest as ihp w Plerk �L9nAtursWtr� Signed, sealed and delivered in our presence as witnesses: WITNESS (Signature) Name: /4.4, u GoK (Print or Type) WITNESS (Signature) Name: 411e— I C-,. (Print or Type) STATE OF COUNTY OF l OLLI VM Subordination 0f� tility I 2011. by / - uj -Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: l _ems w, C, Fred W. Coyle, Chairman r.1 — COMCAST OF THE SOUTH, INC., successor in interest to FLORIDA CABLEVISION MANAGEMENT CORP., a Colorado corporation By: I � A,,,� (Signature) 1340AVA H cQ (Print Name) VP I G ►mot (Title) ')//>V. acknowledged before me this 7 day as 1z, c-A� L, (/ (Title), of COMCAST OF successor in interest to FLORIDA CABLEVISION MANAGEMENT corporation, who is aersonally known to me or who has produced as identification. (affix notarial seal) BARBARA A. 8TOCKNER rrrcoMSnasrow «oot000ll4 EXPRES Jury Z1, 2014 Approved as to form and legal sufficiency: �£JlFs�r wlHtTF- Assistant County Attorney COMCAST SUBORDINATION OF OTILITIES Last Revised 10/15/10 2 (Name), THE SOUTH, INC., CORP., a Colorado (Signature of Notary Public) L-J� ,iPr (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission # (if any) J% (JOG //Y My Commission Expires: Tor) e, '21, „?G/ y 16K � t„wo,,� ROuE a ��ny �eyeiunen[ 1110 511 0 10:01 AM �� -OF-WAY WWNAGE � UT&M IVT EXHIBIT A fte -I Popes LEGAL DESCRIPTION &SKETCH (NOT A SURVEy) The North 11 feet of the East 250 feet of the West 380 feet of Parcel 1, ORANGETREE UNIT THREE, ACCORDING CITRUS GREENS SECTION, PHASE 1 -A, TO THE PLAT THEREOF, Page 121, RECORDED IN Plat Book 14, of the Public Records of Collier County, Florida. South Right -of -Way Line of Oil Well Road 11' 250' 179.95' E'S Country Store m 0 D' PARCEL 1, E ORANGETREE UNIT w THREE, CITRUS GREENS SECTION, J PHASE 1 -A w 0 `T t m m W SKETCHNOT TO SCALE Colllercou* GmwlhManeamwDMsinn .r[,,,,.,N..______. _ a ��ny �eyeiunen[ 1110 511 0 10:01 AM �� -OF-WAY WWNAGE � UT&M IVT EXHIBIT A fte -I Popes 16K 1Mpq&t.111O.�S UE LEGAL DESCRIPTION 8• SKETCH (NOT A SURVEY) The South 11 feet of the North 22 feet of the East 260 feet, together with the North 11 feet of the West 105 feet, of the West 380 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. South Right -of -Way Line of Oil Well Road 105' 11' 179.95' 260' E'S Country Store a 0 or 0 a) Y PARCEL 1, E ORANGETREE UNIT w THREE, CITRUS GREENS SECTION, PHASE 1 -A w 0 `T m ry W SKETCHNOT TO SCALE Collier County Growth Management Dldslnn -T� n.a.,ti,._�_____.. _ a ..��a wyaimlen[ • a 11/2411010:26 AM 16K5 PMM062 FEE SIMP'E INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The North 11 feet of the West 90 feet of the East 179.95 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. South Right -of -Way Line of Oil Well Road 11' MMEW 89.95' 90' E'S Country Store o c0 0 w 0 m Y PARCEL 1, E ORANGETREE UNIT E THREE, CITRUS o GREENS SECTION, PHASE 1 -A J (0 o `T L _m y (fl W SXETCHNOT TO SCALE �omur �oumy urovnn Management Division - Transportation Engineering Department 11105/10 9:57 AM EXHIBIT A Page -a- 16K5 e I / ,i SKETCH & DESCRIPTION (ADDITIONAL ROAD MT- OFyVIAS) A PARCEL OR TRACT OF LAND SITUATED W THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL 1 OF ORANCETREE UNIT THREE, CITRUS GREENS SECTION PHASE 1 -A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOON 14 PAGE 121 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO THE PUT OF CRANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, RECORDED IN PLAT BOG( PLAT BOOK 14, PAGE 121, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING & THE SOUTH RICHT -OF -WAY LINE OF OIL WELL ROAD, STATE ROAD S -858, 100 FEET WOE RIGHT -OF-WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HANNG A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY, ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62.83 FEET. THROUGH A CENTRAL ANGLE OF 90TT0'O(r. BED SUSTENDED BY A CHORD THAT BEARS S.44WOB "E. AT 56.57 FEET, THENCE 5.00116.52 "W., ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE (100 FEET MOE RIGHT -OF -WAY) A DISTANCE OF 67.88 FEET TO THE POINT OF BEGINNING OU THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID RIGHT- OF_WAY, 5.00'06'52 "W., A DISTANCE OF 100.17 FEET TO A POINT ON A NON- TANGENTIAL CURVE CONCAVE EASTERLY AND HAVING A RADNIS 0 83.00 FEET; THENCE NORTHERLY 115.79 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 105 -18'26 %BEING SUBTENDED BY A CHORD THAT REARS N.00'06'52 "E. AT 100.17 FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 1733 SQUARE FEET OR 0.040 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS -OF -WAY OF RECORD. BEARINGS ARE BASED ON THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, PLAT BOOK 14, PACE 121, PUBLIC RECORDS OF COWER COUNTY. FLORIDA. FEE OIL TITRLI. ROAD SS E9JXR War- a+ -1Mr a rnt,RDw r TCj� :PO&INT-OF [� MENCEMENT \ M A op� � 9�YCTMIIO�K 1 I-A A a 1T I 1 I I 1 POINT OF BEGINNING 1 qI I I. CRAPMC SCALE g I fl- 50' I I 1Nw --'I' UNUTr USEMENT I LINE TABIE PEN PUT I NE STANC L1 5000682 a7 as., L2 S000652 10017 CURVE RAOIUS T ANC C R4E TABLE CI 1 ,Op 90'0000 CH CH I1FM1 C2 8100 105'1848 8 � 58.5] -5 1 15.9 100.17 NW06 52 E RHODES & RHODES 11 2019-960 IMIC.- �12011 22NS IR NOT A BURVRY r1 SURVRITATC, TEXT FILE LFGRHRB /LB 8897 It 10-919 -900 7HWAS E. RHODES SR., P.SAL 5854 88100 BONITA GRANDE DRIVE SUITE 107 d,." sheet 9 BOMTA EPRRTG6, n MI86 PRONE" (869) 406 -8166 PAEI (289) 406-8169 TCS 1 of 1 N EXHIFIIT, & Pte_ 16K 6osur -� _t uullty oruwm management uIvlslon - Transportadon Engineedng Department 11124/1010:35 AM wwr 14 Pop 5- LEGAL DESCRIPTION & SKETCH ►XVEY� CIUe SLOPE AND UTIUTY EASEMENT The North 11 feet of the North feet of the East 89.95 feet, together with the the South 11 22 feet of the West 100 feet, of the East 179.95 feet of Parcel 1, ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF, RECORDED IN Plat Book 14, Page 121, of the Public Records of Collier County, Florida. South Right -of -Way Line of Oil Well Road 89.95' 11' 100' E'S Country Store v 0 0 x m m o PARCEL 1, E ORANGETREE UNIT E THREE, CITRUS o GREENS SECTION, PHASE 1 -A o `T L t71 E N (O W SKETCNNOT TO SCALE _t uullty oruwm management uIvlslon - Transportadon Engineedng Department 11124/1010:35 AM wwr 14 Pop 5- � asv�a 1 6K 5 PERPETUAL, NON-EXCLUSIVE SLOPE AND UTM•fTY EASEMENT SKETCH & DESCRIPTION (10'.;. WIDE :UTILITY'& SLOPE EASEMENT) A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL 1 OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 121 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCOHDING TO THE PLAT OF ORANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, RECORDED IN PLAT BOOK PLAT BOOK 14, PAGE 121. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING ON THE SOUTH RIGHT -OF -WAY UN OF OIL WELL ROAD, STATE ROAD S-S58, 140 FEET WIDE RIGHT -OF -WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY. ALONG THE WESTERLY RICHT -OF -WAY OF VALENCIA DRIVE AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62.83 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00 BEING SUBTENDED BY A CHORD THAT BEARS 5.4453'08'E AT 56.57 FEET; THENCE S00'05'52'W., ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE (100 FEET WIDE RIGHT -OF -WAY) A DISTANCE OF 55.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID RIGHT -OF -WAY, S.00T16'52W., A DISTANCE OF 12.11 FEET TO A POINT ON A NON- TANGENTAL CURVE CONCAVE EASTERLY HANNG A RADIUS OF 63.00 FEET; THENCE SOUTHERLY 115.79 FEET ALONG THE ARC OF THE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10578'26 BEING SUBTENDED BY A CHORD THAT BEARS SOODB'52'W A7 100.17 FEET; THENCE 5.0098'52 'AN q DISTANCE OF 12.11 FEET TO A POINT ON ANON— TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 73.00 FEET: THENCE NORTHERLY 148.89 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 116'51'40', BEING SUBTENDED BY A CHORD THAT REARS N.00106'52`E AT 124.39 FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 1324 SGUARE FEET OR 0.030 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS —OF —WAY OF RECORD. BEARINGS ARE BASED ON THE PLAT OF 13RANGETREE UNIT THREE, CITRUS GREENS SECTION, PHASE I —A, PLAT BOOK 14, PACE 121, PUBLIC RECORDS OF COWER COUNTY, FLORIDA. OIL IIELL ROAD BOON 6pT 7�, oe -'BAY 0. BF1L AaAB Y STALE AOM S- 100' BEE BBMi -0l -RY ' � C, EMENT \ aem ` [ UMT 1MREE Sp•w IE I J I I , POINT OF J BEGINNING I �I � OI I GRAPHIC SCALE i 1150' I 1w Z u v --'� u11ury LINE' TABLE USEWENi PET PUT I UNE BEARING 06UNCE Ll SOp0632 55,77 I] SOp06'S21Y 12.11' l3 SOp06 32 12.11 CURVE RApIV6 DELTA ANGLE Ci 40.00 9pOp W 62 83 CHOBO CHORD BEARING C2 63.00 103'1826 36.37 54CST O6 C3 73.00' 11 B'S1'40' 148.88' 100.17 SOp0832 124.39' NOp08'52"E Ir RHODES ! NHOD83 �- T1�4 IS NOT A SUIIVEY ••• ES & R11 DyC TEXT F[LE UCSHSB As 6897 010— 60 G0 1@B ! B THOMAS E. RHODES SR., P•SM. 5654 28100 RONTTA GRANDE DRIVE SUITE 107 BONIUA SPRD40S, FL 34138 PRONT.Y (es9) a6aalee PAIL (2sa) 406 —e165 res 1 of 1 N EXHIBIT 16K b SKETCH & DESCRIPTION (125 YADV'SLOPE'EASEA(E" A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COWER, LUNG IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND BEING A PORTION OF PARCEL I OF ORANGETREE UNIT THREE CITRUS GREENS SECTION, PHASE 1 -A, W PLAT BOON 14, PACE 121 OF THE ACCORDING TO THE PLAT THEREOF RECORDED PUBLIC RECORDS OF COLDER COUNTY, FLORIDA. AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY MOST CORNER OF VALENCIA DRIVE ACCORDING TO THE PLAT OF ORANGE EE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, RECORDED IN PUT BOOK PLAT BOOK 14, PAGE 127, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING ON THE SOUTH RIGHT -OF -WAY LINE OF 1. WELL ROAD, STATE ROAD S -858, 100 FEET WIDE RIGHT -OF -WAY, AND ON AN ARC OF A CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY, ALONG THE WESTERLY RIGHT- OF -WAy OF VALENCIA DRIVE AND ALONG THE ARC OF A CURVE TO THE RIGHT FOR 62.83 FEET, THROUGH A CENTRAL ANGLE OF 90.00'00', BEING SUBTENDED BY A CHORD THAT BEARS S.4453'08'E AT 58.57 FEET; THENCE S.DOMB'52'W ALONG THE WESTERLY RIGHT -OF -WAY OF VALENCIA DRIVE (100 FEET WIDE RIGHT -OF -WAY) A DISTANCE OF 4204 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED ON A N THE CONTINUE ALONG SAID RIGHT -OF -WAY, S.00.05' 52.W.' A DISTANCE OF 13.73 FEET 1 8 POINT ON gNON - TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 73.00 FEET; THENCE SOUTHERLY 148.89 FEET ALONG THE ARC OF THE CURVE TO THE LEFT 1HROU M A CENTRAL ANGLE OF DISTANCE BEING SUBTENDED BY A CHORD THAT BEARS S.00.0B'52'W. AT 124.39 FEET; THENCE 500'08'52'W., A DISTANCE of 1NOR FEET 1 7. POINT ON A NON - TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 85.00 FEET; THENCE NORTHERLY 187.76 FEET ALONG THE ARC OF THE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 126'33'40', BEING SUBTENDED BY A CHORD THAT BEARS N.OD'06'52'F. AT 151.85 FEET TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL CONTAINS 2020 SQUARE FEET OR 0.046 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTONS, RESERVATIONS AND RIGHTS -OF -WAY OF RECORD. BEARINGS ARE BASED ON THE PLAT OF ORANCETREE UNIT THREE, CITRUS GREENS SECTION, PHASE 1 -A, PUT BOOK 14, PAGE 121, PUBLIC RECORDS OF COWER COUNTY, FLORIDA. OIL WRU ROAD ld1i11 RGT -0 -YAY 0. �.IIOA9 Y STATE Ado 5-V I0. ,K 9WT -6 -�Ar POINT OF "o, COMMENCEMENT \ HPxmxLST arum ` � OMMQOUNO A ppW iPR INRT iNPLE aTAW pIQry9 yQllyW. PHA! 1-A P.IRPQ fA IJ � POINT of I PERPETUAL NON- EXCLUSIVE BEGINNING SLOPE EASEMENT I 1 I B I g I H JSo. GRAPHIC SCALE 1150' M 1 J FJl4IPIG I la' LINE TABLE unv LWE BEARING NAE EPEE PUT L7 1000652 CURVE RADIUS DELTA ANGLE A CRW FABLE C1 40.00 90'0000 62.63 CHORD CHORD BEARING C2 73.00 116'37 40 148,89 56.57 S44'5308 E C3 85.00 128'3) 40 187 76 124.39 SWOG 52 151.83 NW06 52 RNODSS Q RHODES N TM9 IS NOT A SUAW •- SURVEYING, INC TEXT FILE LICENSE /LB 6807 - x010 -980 COUPS b7APE, THOMAS E RHODES, SR., P,S,M. 51854 28100 BONPTA GRANDE DRM BUTTE 107 drawn, sheet WI ROMTA SPRINGS, try 34136 PRORE: (BS9) a06 -e166 PAx: (Be9) 496 -ales T'cs 1 of 1 N EXHIBIT .14 Page