Parcel 113RDUE Project: 60219 Whippoorwill Lane and Marbella Lakes Drive Connection
Parcel: 113RDUE
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this / '? day of ,202y,
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 COMCAST OF FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON,
LLC, a Colorado limited liability company, formally known as COMCAST OF
COLORADO/FLORIDA/MICHIGAN/NEW MEXICO/PENNSYLVANIA/WASHINGTON, LLC, a
Colorado limited liability company, as 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 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") as set forth in the
Right of Access Agreement recorded in O.R. Book 4078 at Page 1213; and
WHEREAS, the County has determined that this Property is suitable and appropriate
for road right-of-way, sidewalk, utility, drainage, and maintenance purposes; and
WHEREAS, the County's proposed use of the Property for road right-of-way, sidewalk,
utility, drainage, 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 and
maintenance purposes 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
Right of Access Agreement 07/26/2006 OR: 4078 PG: 1213
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. —
INSTR 6055774 OR 5944 PG 996
5
CLERKRECORDED OF THE5/10/2021 CIRCUIT4 04 COURTPMPAGES AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$44 00
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 0 U TY COMM! NE
CRYSTAL K. KINZE_L,•Clerk COLLIER TY, FLORI A
,; Ili... BY: - - - - - - - - - -
A t as to Chairman'. uty k ' Chairman
signature only,
Signed, sealed, and delivered COMCAST OF FLORIDA/MICHIGAN/NEW
in our presence as witnesses: MEXICO/PENNSYLVANIA/WASHINGTON, LLC
a Colorado limited liability company
q o By: COMCAST CABLE COMMUNICATIONS, LLC
W THE S Si nature) a Delaware limited liability company, as
Name: _ KQ _ Manager
(Print or Type) By: COMCAST HOLDINGS CORPORATION, a
11 Pennsylvania corporation, as Manager
4 i
WITNESSignature) By: Q� `1��-;----
r h Patrick O'Hare
Name: `A �L.� Region VP
(Print or)Type)
STATE OF _ka _ _ _
COUNTY OF , r lv..� 4.._..
e foregoing Subordination of Utility Interests was acknowledged before me by means
of physical presence or D online notarization this /7i - day of /L'( ,'1 (4. ,2020,
by ('i1L b` 1*42.f . as f(---✓f 41,1, , 12,,,
of COMCAST HOLDINGS, INC., a Delaware corporation, as Manager 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)
(Signature of N tary Public)
�paY Pry Notary Public State of Florida
ttiaP Theresa Lynn Martin i ALEm" L A
My Commission GG 302200
orf,o �xp,resoz ta;2o23 (Print Name of , otary Public)
NOTARY PUBLIC
Serial/Commission # (if any)_ _
My Commission Expires: _
Approved as to form and legality:
ao
o
Jennifer A. Belpedio (-43032
Assistant County Attorne: O � a�
,i 11 O 1 1 J......-A...I�I....•
319 ......_ .1. :.,1..
••• THIS IS NOT A SURVEY •••
PARCEL 113 RDUE
SKETCH
A PORTION OF SECTION 18 TWN 49 RNG 26 E
(I
yi I GUCONDOMINIUMA
I J RFD LO U I C. w.rs.
a 49.51'
B l N 10-25"50" W TPOB
35.00I 21.00113 RDUE
7 11
-- .r N 89"35'49" E
i ill ■i■ iNtl
2'43'02" E `
49.99' iiii - _ __ D_
S 00'25'50" E
ANDALUCJA WAY 1 POC -30.00'
I N 00°25 501 1 W g h568u 5 49 W
-NIGHTHAWK DRIVE
I30 00
- - - - - - y
MARIPOSA
2,
TE- ROW
D JUN 1 5 2020
D
14
-, LEGENb:
RDUE I ` ROADWAy DRAINAGE UTILITY EASEMENT
P.O.C.1 - POINT OF COMMENCEMENT
P.0.8. POINT OF BEGINNING
I CERTIFY IHA T 1HIS MAP WAS h.iADE UNDER MY DIRECTION AND TIiAT IT
MEETS THE MINIMUM TECHNJCAL STANDARDS SET fORTH BY"THE BOARD OF
SIGNATUREPROFESSIIDA
1 MAP I NOT RAISEDID SEAL OF 1HE ORIGINAL ADMINISIRATIVE
ROATIVE COIONNAL LAND UN.o6 S07ARtIj]IIA >!2 4 p27RFLORIDAUGH 2STAII\RIT S.
AND SEAL 1HE FLORIDA (,�QQ�g(P I
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM
FOR COLLIER COUNTY �/ ���
DATE SIGNED: , .:c__._
BOARD OF COUNTY COMKISSIONERS TITLE
COLLIER COUNTY, FLORIDA PARCEL 113 ROUE
TRANSPORTATION BNGINEBRING DMSION
UN IOU IWIIO-DIUI'Il
JWUB.PUINDA 94104(I:NJ IC-I IN l)AI N PROJ No. SHEE 11 of 2 FILE:
:X,Htt31.1
ge
THIS IS NOT A SURVEY•••
PARCEL 113 RDUE
DESCRJPTION
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 CENTER QUARTER CORNER OF SAID SECTION 18.
THENCE N 52°43'02"EA DISTANCE OF 49.99' TO A POINT ON THE EASTERN RIGHT OF WAY
LINE OF WHIPPOORWILL LANE ALSO THE POINT OF BEGINNING;
THENCE N 00°25'50" W ALONG SAID RIGHT OF WAY A DISTANCE OF 35.00';
THENCE S 45°25'O 1" EA DISTANCE OF 49.5 I';
THENCE N 89°35'49" EA DISTANCE OF 21.00';
THENCE S 00°25'50" EA DISTANCE OF 30.00';
THENCE S 89°35'49" WA DISTANCE OF 56.00';
THENCE N 00°25'50" WA DISTANCE OF 30.00';
WHICH IS THE POINT OF BEGINNING,
HAVTNG AN AREA OF 2292.5 SQUARE FEET,0.053 ACRES MORE OR LESS.
BASIS OF BEARINGS: WEST RIGHT OF WAY LINE OF I-75 SO I°48'32" E.
TE-ROW
JUN 15 2020
I CERTIFY IHA T THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT
MEETS IHE MINIMUM TECHNICAL STANDARDS SET FORTH BY IttE BOARD OF
THIS MAP IS NOT VALID WITHOUT IHE ORIGINAL PROFESSIONAL LAND SUR'v£YORS IN CHAPTER 5J-17.050 THROUGH.052,FLORIDA
SIGNATVRE AND RAISED SEAL OF IHE FLORIDA ADMINISTRATIVE CODE,PURSUANT TO CHAPTER 472.027,FLORIDA STATUIES.
LICENSED SURVEYOR AND MAPPER. MARI<D.MCCLEARY,PSM
FLORIDA REGISTRATION No.6557 ,�j
FOR COWER COUNTY I//�j6' " `z �Lj
DATE SIGNED: 6 1
BOARD OF COUNTY'COMMISSIONERS TITLE
COLLIER COUNTY,FLORIDA PARCEL 113 RDUE
TIWISPORTATION ENCINEERJNC J>MSION
1116 101111 0011116111 Daft
NAPLII.ft.011D4IMIM(h1)161-IIN UA I L I PROJ No. )SHEE'1 2 of 2 II'I1,I'.: