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FPL Subordination Parcels 172FEE, 175FEE & 176FEE PROJECT: 60168 Vanderbilt Beach Road Ext. PARCEL Nos: 172FEE, 175FEE and 176FEE FOLIO Nos: 00219400103, 46068000022 and 46068000556 This instrument prepared by: INSTR 6207851 OR 6086 PG 3441 RECORDED 2/18/2022 3:10 PM PAGES 5 Florida Power&Light Company CLERK OF THE CIRCUIT COURT AND COMPTROLLER P. O.Box 1119 COLLIER COUNTY FLORIDA Sarasota,FL 34230-1119 REC$44.00 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT,entered into this 1 "`day of 202 ,by and between COLLIER COUNTY,a political subdivision of the State of Florida, hereinafter called t "Coun ", 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 ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement 3/27/03 OR 3250 PG 1152 The County and the Utility further agree that: 1. "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 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER CO _ • -. `a Circuit Court&.Comptroller trisC?) e ler.. ' I 0 By: �... °IP • tt Set . " • 4 - It uty Cler / - ", ;,A i` $, 1Willi.( L. McDaniel, Jr., Chairman 7, ..slc r tur y. Signed,A&aladpaita tdelivered FLORIDA POWER&LIGHT COMPANY in the presence of: Loc"--------------7.- By: ,4tryt".4..SLC•cvz4k- Print y ame L ti, 6 6ca K as ��lee011 /adetl�nw.. rfy B . Print Name: .. VI,t e-O-- (Corp. Seal) STATE OF FLORIDA 4.Cr COUNTY OF‘QL-LI£"R S r06,-.40- I hereby certify that on this day,before me,an officer d ly authorized to take acknowledgements,personally appeared C. m e_itJ pi Cra.m slla w ,by means of [t]physical presence or❑online notarization,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 Relocation Coordinator of 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 q day of F°L 1 ,,26`L 1. (Affix notarial seal) ,Y ' ibr-L7A/C1 1302-2. (Signatuary Public) �.►� Notary Public State of Florida c'✓�Z�(,W."1f'►, 0- Atli tl 7 V ': Shaquani L Grant (Print Nart e of Notary j My cormm�aeion GG 907513 Public) 1/4-0. "oir Expires 08/26/2o23 Serial/Commission#(if any): Q07513 My Commission Expires: 2/24' 2..e52.3 A prov d s to form and le ality: ill Assistant County Attorney EXHIBIT A Page / of .5 , \ PWEIIOIE00.0 p>Lh 1101E 0. AL=206.43' r__i I 410E Go�os0 R=1025.32' , CB..N7T56'48 CH=208.08' / I pug CO. >F I+aE CO.uC S09'06'57"W I 480 0MACS 048 TRACT A t 49.31' I N17'49'25"W 63.91' I OMtNCE POINT OF S011 f ��SOii'10'40"W y '500. O a NC. 15h.52' E Nt,5'). o021i100 _—I ------ --- _1---- --_ _---_____ _ — S86'19'00"W 445.74' PARCEL 172PROPOSEDFEE FPL D 131DiT 48,282 SQ. FT. OR 3250,PG 1152 --------------, _t..... n 541 54 538 539 540 534 536 537 I N ME DOSING DRAINAGE EASEMENT PER PLAT BOOK 4, PAGE 77 FEE PROPOSED FEE SIMPLE ACQUISITION W `ice_ E OR OFFICIAL RECORDS (BOOK/PAGE) K>2 x l PROPOSED FEE I` S LEGAL DESCRIPTION (PARCEL 172 FEE) A PORTION OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COWER COUNTY, , FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I BEGINNING AT THE WESTERLY SOUTHEAST CORNER OF TRACT A, GOLF CLUB OF EVERGLADES PHASE 1, AS RECORDED r IN PLAT BOOK 58, PAGE 57 OF THE PUBLIC RECORDS OF COWER COUNTY FLORIDA; THENCE N.65'28'16"E., ALONG THE SAID GOLF CLUB OF THE EVERGLADES PHASE 1, FOR 300.93 FEET; THENCE N.1 T49'25'W., ALONG THE SOUTH UNE OF SAID TRACT A, FOR 63.91 FEET TO A POINT ON A CURVE; THENCE EASTERLY 206.43 FEET ALONG THE SOUTH UNE OF SAID GOLF CLUB OF THE EVERGLADES PHASE 1 AND ALONG THE ARC OF A NON—TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 1,025.00 FEET THROUGH A CENTRAL ANGLE OF 11'32'21* AND BEING SUBTENDED BY A CHORD WHICH BEARS N.77'56'45'E. FOR 206.08 FEET TO THE WEST UNE OF THE DRAINAGE EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 5199, PAGE 2779, OF SIAD PUBLIC RECORDS; THENCE S.09'06'57"W., ALONG THE WEST UNE OF SAID DRAINAGE EASEMENT, FOR 49.31 FEET; THENCE S.01'10'40"W., ALONG THE WEST LINE OF SAID DRAINAGE EASEMENT, FOR 151.42 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 31; THENCE S.86'19'10"W., ALONG THE SOUTH UNE OF SAID SECTION 31, FOR 445.74 FEET OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; # CONTAINING 48,262 SQUARE FEET, OR 1.11 ACRES, MORE OR LESS. BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. 1 EXHIBIT A Page_ of IAN a ► \ rwE c TWO R�.LLC 1r__ RATE II 0 uc I momoomeo ►RUE N i ca ac MOT 8 4806800004 pWE I CQ LLC POINT OF I iMQ Ri OM FLOM GOLF CLUBC. ME E 00. CR iro/�1op ire A OOd1YJOb103 — PROP06ED 1 PARCEL 176 FEE 3250 PC1152 22.959 SQ. Fr. 537 536 539 533 534 536 , N FEE PROPOSED FEE SIMPLE ACQUISf11ON W E OR OFFICIAL RECORDS (BOOK/PAGE) PROPOSED FEE • S LEGAL DESCRIPTION (PARCEL 176 FEE) TRACT R1, GOLF CLUB OF THE EVERGLADES PHASE 1, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 58 PAGE 87 OF THE PUBLIC RECORDS OF COWER COUNTY FLORIDA. CONTAINING 22,959 SQUARE FEET, MORE OR LESS. 1 EXHIBIT A Page ,3 of 3 P(L E ttOYE Co.ut I 4a031 os4r WE FOIE Ct.ut I 4eoe 130 �. r I RUE 1 uc TRACT R 40068000556 I P L1E NOTE co.I!C MOLT S ' OP MOW 0021140M03 ——' pROPOSED PARCEL 175 FEE qt mart-1 3.765 SQ. FT. PLATE HOW Co.tlt ttl!Ol2pO.PO ita2 'new A - 46008000012 536 537 538 539 -.t I i N FEE PROPOSED FEE SIMPLE ACQUISITION W E OR OFFICIAL RECORDS (BOOK/PAGE) pvviPROPOSED FEE S LEGAL DESCRIPTION (PARCEL 175 FEE) TRACT A, GOLF CLUB OF THE EVERGLADES PHASE 1, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 58 PAGE 67 OF THE PUBLIC RECORDS OF COWER COUNTY FLORIDA. CONTAINING 3.765 SQUARE FEET, MORE OR LESS. i