Parcel 110RDUE Summit Broadband Subordination PROJECT: 60219 Whippoorwill Lane and Marbella Lakes Drive Connection
PARCELS: 11ORDUE
FOLIO NO: A portion of Mariposa common elemer INSTR 5940250 OR 5831 PG 3797
RECORDED 10/19/2020 3:35 PM PAGES 5
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$44.00
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this Ci/ day of OCki -1- , 2020, 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, do the Office of the County
Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"), and SUMMIT
BROADBAND, INC., a Florida corporation, whose mailing address is 4558 35th Street, Orlando,
FL 32811 (hereinafter referred to as "Utility").
WITNESSETH:
WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being
in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto
and made a part hereof (hereinafter referred to as the "Property"); and
WHEREAS, the County has determined that this Property is suitable and appropriate for
drainage structures and facilities, including but not limited to ditches, swales, earthen berms, rip-
rap and retaining wall systems, underground pipes and various types of water control structures;
and
WHEREAS, the County's proposed use of the Property drainage 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 drainage structures and 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 ENCUMBRANCE DATE RECORDED BOOK,PAGE
Easement 12/202016 OR 5345 PG 3263
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 shall give the Utility 90
(ninety) days' written notice to do so and hereby agrees to pay the reasonable cost of such
alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate
easements.
3. The Utility shall have a reasonable right to enter upon the Property for the purposes
outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may
endanger or interfere with such facilities, provided that such rights do not interfere with the
operation and safety of the County's facilities.
4. The Utility shall repair any damage to the County's facilities 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:
CRYSTAL K. KIIVZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court&"Comptroller COLLIER COUNTY, FLORIDA
BY: •
, sL4O�-• BY:
aS t.I'1.,{. :URT L. SAUNDERS, Chairman
Signature onl/.`
Signed, sealed, and delivered
in our presence as witnesses:
By:
PA A MEADS, VP FINANCE
SUMMIT BROADBAND INC.
WITNESS (Signature)
Name:
4jntoTPe)
WITNESS (Signature)
Name: oar C �o\10
(Print or TTee)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Subordination of Utility Interests was acknowledged before me by means of
physical+ presence or ❑ online notarization this ' day of OCobec , 2020, by
la hh_ms as VP ‘nctic_rL , of SUMMIT BROADBAND, INC., a Florida
corporation, who is personally known to me or who has produced
as identification.
(affix notarial seal) an C142XCA:1%....
(Signatur of Notary Public)
4ite, Notary Pubic Skits of Fiorid. ' 0
cu,dyr+cr�� a n� ered ILL'� Eirgns 24 827886
(Print Name of NotaryPublic)
r�
NOTARY PUBLIC
Serial/Commission # (if any) --qA/ `6S
My Commission Expires: L3faijL-I
Approved as to form and legality:
a.A- N
-
Jennifer A. Belpedio (�
Assistant County Attorney ,, 1`7 0\AkpiS)
\�
EXHIBIT_ ,„
page /.._of -a-
... THIS IS NOT A SURVEY ***
PARCEL 110 RDUE
SKETCH
A PORTION OF SECTION 18 TWN 49 RNG 26 E
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CONDOMINIUM
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NIGHTHAWK DRIVE
N 89 36'26" E N 89'36'26" E
40.04' 56.00'
ANDALUCIA POC__...77i S 00'25'05" E
POB 30.00
S 89'36'26" W
- - - - N 00'25'05" W _,__-----------r 26.00'
60.00'
S 44'35'41" W
(-- W I \ '42.42'
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1 TE - R MARIPOSA
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JUL 2020 \-- PARCEL 110 RDUE
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p-' 1 LEGEND:
a
H RDUE - ROADWAY DRAINAGE UTILITY EASEMENT
I P.O.C. - POINT OF COMMENCEMENT
1 P.O.B. - POINT OF BEGINNING
I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17,050 THROUGH .052, FLORIDA
SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM �
FLORIDAEGISTRATION No. 655/LM�L �(J L' /2t/hZ v
FOROR COLLIER COUNTY
DATE SIGNED: �//
BOARD OF COUNTY COMMISSIONERS I TITLE
COLLIER COUNTY, FLORIDA PARCEL 110 RDUE
TRANSPORTATION ENGINEERING DIVISION
2885 SOUTH HORSESHOE DRIVE
NAPLES,FLORIDA 34104(28E)282-8182 DATE I PROJ No. 1SHEET 1 of 2 IFILE:
EXHIBIT
page
*"* THIS IS NOT A SURVEY ***
PARCEL 110 RDUE
DESCRIPTION
A PORTION OF SECTION 18 TWN 49 RNG 26 E
DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST,
COLLIER COUNTY, FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION18.
THENCE N 89°36'26" E ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 18 A DISTANCE OF 40.00'TO THE POINT OF
BEGINING;
THENCE CONTINUE N 89°36'26" E ALONG SAID LINE A DISTANCE OF 56.00';
THENCE S 00°25'05"E A DISTANCE OF 30.00';
THENCE S 89°36'26" W A DISTANCE OF 26.00';
THENCE S 44°35'41" W A DISTANCE OF 42.42'TO A POINT ON THE EASTERN RIGHT OF WAY
LINE OF WHIPPOORWILL LANE;
THENCE N 00°25'05" W ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 60.00';
WHICH IS THE POINT OF BEGINNING,
HAVING AN AREA OF 2130 SQUARE FEET,0.049 ACRES MORE OR LESS.
BASIS OF BEARING: WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 18 BEARS
N 00°25'05" W.
LIE - ROW
JUL 2 4 2020
I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA
SIGNATURE AND RAISED SEAL OF THE ORIGIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM
FLORIDA REGISTRATION No. 6557
FOR DATECOLLIER
SIGNED:COUNTY 'Ii1/t [j tY t 4 _. Z.0
BOARD OF COUNTY COMMISSIONERS TITLE
COLLIER COUNTY, FLORIDA PARCEL 110 RDUE
TRANSPORTATION ENGINEERING DIVISION
2886 SOUTH H0R929110E DRIVE
NAPI29,FLORIDA 34104(239)262-8102 DATE I PROJ No. :SHEET 2 of 2 FILE: