Parcel 106DE I. 6 B 1
INSTR 5957642 OR 5848 PG 983
RECORDED 11/20/2020 11 32 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
PROJECT: GRASIP #60196 COLLIER COUNTY FLORIDA
PARCEL: 106DE REC $35.50 INDX$1.00
FOLIO: Portion of 30180120003
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this S day of Ta4e_p#00,4A , 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, c/o the Office of the County
Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"), and COMCAST
OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado
limited liability company, Successor in interest to COMCAST OF THE SOUTH, INC., 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
constructing, operating, and maintaining drainage structures and facilities thereon; and
WHEREAS, the County's proposed use of the Property for constructing, operating and
maintaining said drainage facilities, including but not limited to guard railing, ditches, swales,
earthen berms, rip-rap and retaining wall systems, underground pipes and various types of water
control structures, 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 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
Grant of Easement 2/2/2012 4761,592
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, �.El
.l
adjust, or relocate its facilities from or within the Property, the County shall give the Utility 90 o .'
(ninety) days' written notice to do so and hereby agrees to pay the reasonable cost of such
COMCAST SUBORDINATION OF UTILITIES
1 6 B 1
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: BOARD OF C NTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLIER C TY, FLORIDA
it Courl&Comptroller
BY: \(. By:
Attest as'`to uhairm s Burt L. Saunders,Chairman
signature only.
Signed,sealed and delivered COMCAST OF FLORIDA/MICHIGAN/NEW
in our presence as witnesses: MEXICO/PENNSYLVANIA/WASHINGTON, LLC
n a Colorado limited liability company
tri
ii--t ./c - VL'thk By: COMCAST CABLE COMMUNICATIONS, LLC
WITNES(Signature) �` a Delaware limited liability company,as
Name: l R - AllY/�- Manager
7 (Print or Type) By: COMCAST HOLDINGS CORPORATION
as sole member ,)
T SS(Signature) By: L.,- �' y�-t-, _.
/I Name. rick O'Hare
Name: CY)/'j ST�r:((/) ��(Ala0 Title: Regional VP Engineering
(Print or Type)
COMCAST SUBORDINATION OF UTILITIES 2
Last Revised 05/01/2018
168 l
STATE OF (!
COUNTY OF 1&Y? R Re&\
The foregoing Subordination of Utility Interests was acknowledged before me by means of
I I p sical resence or online notarization this 2 day of (e�-'t,. , 2020,
by i C`4i't-tZt (Name), as
R.gikN -- `.-NC ;VVct '.. .4 (Title), of COMCAST HOLDINGS, INC., a Delaware
corporation, as Manaing� Member of COMCAST CABLE COMMUNICATIONS, LLC, a Delaware
limited liability company, as Manager of COMCAST OF FLORIDA/MICHIGAN/NEW
MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a Colorado limited liability company, on behalf
of the corporation and the companies, who is personally known to me or who has produced
as identification.
(affix notarial seal) /''L.Q kQ/p-~(itni,A4.40/6(-72 ,
(Signature of'Notary Public)
----6\—ti-alc- Na 1f7N
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission # (if any)
My Commission Expires:
,$V Notary Public State of Florida
Theresa Lynn Martin
My Commission GG 302200
'4aticr Expires 02/14/2023
Approved as to form and legality:
V.A.. .:.
Jennifer A. Belpedio ,\
S�26X)
Assistant County Attorney
0:"
,)
COMCAST SUBORDINATION OF UTILITIES 3
Last Revised 05/01/2018
\ i 1613 1 \
P.O.B. Li Exhibit "A"
" T
I LINE TABLE LEGEND
LINE LENGTH BEARING
L1 12.86 N89'19'08"E P.O.B. = POINT OF BEGINNING
' L2 15.00 S80'S6'S1"W P.O.C. = POINT OF COMMENCEMENT
01 W imIl O.R. = OFFICIAL RECORDS BOOK
1 0' 75' 150' al = DRAINAGE EASEMENT
I No SCALE: 1" = 150'
I N
�' N NOTES
1. BEARINGS SHOWN HEREON REFER TO THE EAST RIGHT-OF-WAY LINE OF
3o''�I30 m BAREFOOT WILLIAMS ROAD, LOCATED IN SECTION 4, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BEING N 09'03'29" W.
IEXISTING CHAIN 2. DIMENSIONS SHOWN HEREON ARE IN UNITED STATES SURVEY FEET AND
, LINK FENCE DECIMALS THEREOF.
I3. PARCEL LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
>I
LEGAL DESCRIPTION
m G A PORTION OF "GOLF COURSE WEST", EAGLE CREEK COUNTRY CLUB, AS
0I\ O r G) RECORDED IN PLAT BOOK 14, PAGES 1 THROUGH 5, OF THE PUBLIC
-I \
O rn7 0 RECORDS OF COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY
7� n r DESCRIBED AS FOLLOWS:
H\,rt.i �m�
r '- 1 O BEGINNING AT THE NORTHWEST CORNER OF "GOLF COURSE WEST", EAGLE
y 1 > 70 CREEK COUNTRY CLUB, AS RECORDED IN PLAT BOOK 14, PAGES 1 THROUGH
3 I m 0 cn 5, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN
�' cn Z m NORTH 89'19'08" EAST ALONG THE NORTH LINE OF SAID EAGLE CREEK
O o ~ m COUNTRY CLUB FOR 12.86 FEET; THENCE RUN SOUTH 09'22'42" EAST, FOR
I `fl = . N A DISTANCE OF 406.73 FEET; THENCE RUN SOUTH 09'03'29" EAST, FOR A
�'I� AO "� DISTANCE OF 1011.23 FEET; THENCE RUN SOUTH 80'56'51" WEST, FOR A
DISTANCE OF 15.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF BAREFOOT
- WILLIAMS ROAD; THENCE RUN NORTH 09'03'29" WEST, ALONG THE EAST
H VZ o = RIGHT-OF-WAY LINE OF SAID BAREFOOT WILLIAMS ROAD, FOR A DISTANCE
G) Ls OF 1419.82 FEET TO THE POINT OF BEGINNING.
SI �I�N
W
I
O CONTAINING 20,818 FEET, MORE OR LESS.
, N
I 'iq° SIGNED_ 3-26-2020 RECO 03-30-20
0
i N TE - ROW
, i. -- _ PSM #6405
m JUAN ARAQUE STATE OF FLORIDA
/
I
1
EXISTING CHAIN EXHIBIT "A"
I LINK FENCE SKETCH AND LEGAL DESCRIPTION
DRAINAGE EASEMENT
\ EAGLE CREEK COUNTRY CLUB
I COLLIER COUNTY, FLORIDA
IDRAWN: JA
} J ��0 N CHECKED: JA
,\
° SCALE: 1" = 150'
I LAND SURVEYORS AND MAPPERS L.B. 7862 DATE: MARCH 28, 2020
L2 www.surveyflorida.com
EAST RIGHT-OF-WAY 7422 MELDIN COURT FILE: BAREFOOT-DE
t LINE OF BAREFOOT NAPLES, FLORIDA 34104 SHEET 1 OF 1
NMWAMS ROAD PHONE: 239-595-7632