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Subordination of Utility Interests INSTR 6d57882 OR 6291 PG 2242 RECORDED 9/28/2023 8:58 AM PAGES 6 CLERK OF THE CIRCUIT COURT AND COMPTROLLER PROJECT: 90000 Developers COLLIER COUNTY FLORIDA PARCEL: 158FEE1 & 158FEE2 REC$52 50 FOLIO: 00416720000 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this L. day of tii1'-^-1' , 2Q ` 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 CENTURYLINK OF FLORIDA, INC., a Florida corporation, its successors, assigns, lessees, licensees, and agents, whose mailing address is 1025 Eldorado Blvd. Broomfield, CO 80021 (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, 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 DATE RECORDED ENCUMBRANCE BOOK-PAGE Public Utility Easement 4/1/2014 OR5201 PG2158 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 CA i+g42Cs19 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. AT ST BOARD OF COUNTY COMMISSIONERS *51 ,r '. Clerk COLLIER C RI A Anent as t:--'� Deputy Clerk RICK LoCASTRO, Chairman signatu e:. I �; Signed, sealed and delivered CENTURYLINK OF FLORIDA, INC., in our presence as witnesses: a Florida corporation B : ) 61("41-- Y WITNESS(Signature) SHAUN GIESLER //�� Manager Network ROW, NIS Name: Sre'��it/• �. 60(2 2 (Print or T •-) Al xlihi A. i 0 WrTN'SS" Name: 4 1 ti . ,' 5 ('nt .r Type) STATE OF Col,-0iR-A. o COUNTY OF BIZocim FIELD The foregoing Subordination of Utility Interests was acknowledged before me this -.at`'' day of i\1A-y , 2023, by S;-AAQN t(1L-sLi (Name), as Mf4N.../ . NE irwt,e_i< (;oc,.�/ L. (Title),_ of__CENTURYLINK OF FLORIDA, INC., a Florida corporation, who i personally known to me or who has produced flinScliaLlUi LoA i ti.:r) as identification. (affix notarial seal) - • ,���� Si na re of NotaryPublic ( 9 ) A LL� yysSe. (*t j e,,,r titS (Print game of Notary Public) NOTARY PUBLSC STATE ER OF COL0RA00 Serial/Commission#(if any): :2,0Z21-fvo&•l oi MY CO NOTARY ID MMISSION EXPIRES FEB 028, 2026 My Commission Expires: F-6 t3 2.a', 202(0 A ro d as fo c egality: 0( DE E D. PERRY, ES . /L, Assistant County Attorney /1 _ n y0 Exhibit A-1 K. E. TRASK, P.A. LAND SURVEYORS A PARCEL LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (RIGHT OF WAY COMPENSATION AREAS) RIGHT OF WAY COMPENSATION AREA#1 ATRACTOR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT G, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10,AT THE INTERSECTION OF THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY AND THE SOUTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (TRACT R-1, SAID HACIENDA LAKES OF NAPLES);THENCE N.00°51'54"E., CROSSING SAID RATTLESNAKE HAMMOCK ROAD, ALONG SAID EAST CANAL RIGHT OF WAY LINE AND THE WEST LINE OF SAID TRACT R-1, FOR 78.08 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 14, SAID INTERSECTION LYING N.87°37'31"E. AT 100.16 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 14;THENCE N.00°49'31"E.ALONG SAID CANAL RIGHT OF WAY LINE FOR 54.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE N.89°46'04"E.ALONG SAID RIGHT OF WAY LINE AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, FOR 335.42 FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE AND BOUNDARY, N.02°23157"W. FOR 12.01 FEET; THENCE N.89°46'04"E. PARALLEL WITH AND 12.00 FEET NORTHERLY OF (AS MEASURED ON A PERPENDICULAR) SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 219.82 FEET; THENCE S.00°13'56"E. FOR 12.00 FEET TO SAID RIGHT OF WAY LINE AND BOUNDARY;THENCE 5.89°46'05"W.ALONG SAID RIGHT OF WAY LINE AND BOUNDARY FOR 219.37 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2635.29 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. RIGHT OF WAY COMPENSATION AREA#2 ATRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT G, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10,AT THE INTERSECTION OF THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY AND THE SOUTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (TRACT R-1, SAID HACIENDA LAKES OF NAPLES);THENCE N.00°51'54"E., CROSSING SAID RATTLESNAKE HAMMOCK ROAD, ALONG SAID EAST CANAL RIGHT OF WAY LINE AND THE WEST LINE OF SAID TRACT R-1, FOR 78.08 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 14, SAID INTERSECTION LYING N.87°37'31"E. AT 100.16 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 14;THENCE N.00°49'31"E.ALONG SAID CANAL RIGHT OF WAY LINE FOR 54.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE N.89°46'04"E.ALONG SAID RIGHT OF WAY LINE AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, FOR 665.04 FEET; THENCE N.87°37'31"E. ALONG SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 187.25 FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE AND BOUNDARY, N.02°22'29"W. FOR 12.00 FEET; THENCE N.87°37'32"E. PARALLEL WITH AND 12.00 FEET NORTHERLY OF (AS MEASURED ON A PERPENDICULAR) SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 214.27 FEET TO THE WEST LINE OF THE 170.00 SHEET 1 OF 4 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 Exhibit A-2 K.E. TRASK, P.A. LAND SURVEYORS (RIGHT OF WAY COMPENSATION AREAS—CONTINUED) FOOT WIDE FLORIDA POWER AND LIGHT COMPANY RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 850, PAGE 976, SAID PUBLIC RECORDS; THENCE S.01°01'04"W. ALONG SAID WEST RIGHT OF WAY LINE, FOR 12.02 FEET TO SAID NORTH RIGHT OF WAY LINE AND BOUNDARY; THENCE S.87°37'32"W.ALONG SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 213.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2567.00 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. K.E.TRASK, P.A. MARCH 21, 2022 FLORIDA LICENSED BUSINESS LB8450 Digitally signed by Kenneth E. Kenneth E.Trask Trask Date:2022.0321 1730:31-04'00' KENNETH E.TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 2 OF 3 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 Exhibit A-3 * V N.LINE 5.1/2 OR 4279,PG 2439 S.E.1/4 5.W.1/4 N.UNE 51/2 S.W.1/4 S.W1/4 • =I 13I H• PARCEL 3 ^I 0 ; PART OF / i cr is OR 4519.PG 3122 LINE TABLE 1 V wn UNE REARING DISTANCE i. -1 3 I L7 N00'51154'E 70.08' I u o 2 I V 4 LZ 587'37'31'W 100.16' 9 co°e 1 PARCEL 1 L3 NO0'49'31"E 54.95' —W.RD.—ui m� i OF OR 4819.PARTPG 3122 L4 NO2Y3'57'W 12.01' 5.1/2 u W 3 I> V L5 50013'58'E 12.00' I I 5.E1/4 N J NW L6 NO2'22°29'W 12.00' 0.W1/4 °o� S J i 3 $ L7 50191'04"W 12,02' ; ,n LI —170'FPL R/w—I tu g OR 850.PG 976 W lu . z ; PARCEL 2 PART OF LT3 OR 4519,PG 3122 1 - RIGHT OF WAY RIGHT OF WAY 1 3 -COMPENSATION COMPENSATION AREA 1 AREA 2 1 si PART Of PART OF I yj OR 4819,PO 3122 OR 4815 Pa 3172 • r- NBT37'32° 214.27' -_— P O B Ne9'46'04'E 219.82' N69'46'04''E 335.47 S87'37'32'W 21156' _ I N.RIGHT OF WAY LINE 589'46'05'W 219.37' �`N87'37'31'E 187.25' ---_--L__--_ 1 n N89'46'04'E 665.04' P.O.B. SOUTH UNE SECTION 14 _—__ __ __------- p,O,g, RICHT OF WAY/ SE CORNER L__-- _____ - ---Ni7'37'31'E _-_-- RIGHT OF WAY OR 4336,PG 3881 S.5..1/4 5.W.1/4 ® RATTLESNAKE HAMMOCK ROAD TRACT R1 Ly P.B.55 PG.10 SW CORNER J SECTION 14 P.B.55, S RIGHT OF WAY UNE PG.10 P.O.C. NW CORNER TRACT G. HACIENDA LAKES OF NAPLES P.B.55.PG.10 LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING LS LICENSED SURVEYOR LB LICENSED BUSINESS O.R. OFFICIAL RECORDS BOOK P.B. PLAT BOOK PG. PAGE SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY K.E. Trask, P.A. DESCRIPTION Land Surveyors OF A PARCEL LYING IN Kenneth E.Trask Trask ai(ally signed by Kenneth E. Florida Licensed Business No. LB8450 12345 Blosingtm Road SECTION 14,TOWNSHIP 50 SOUTH, Date,201203.21173055-0500' Fort Myers, Florida 33966 RANGE 26 EAST, KENNETH E. TRASK DATE (239) 980-1495 PROFESSIONAL LAND SURVEYOR data d g scale po/ 1 sheet COLLIER COUNTY,FLORIDA. FLORIDA LICENSE NO. LS4684 3-21-22 118-235X-4/W I s 1'=200' I 18-23 3 of 3.. v INSTR 6d5788'3 OR 6291 PG 2248 PROJECT: 90000 Develo erS RECORDED 9/28/2023 8:58 AM PAGES 6 p CLERK OF THE CIRCUIT COI IRT AND COMPTROLLER PARCEL: 158FEE1 & 158FEE2 COLLIER COUNTY FLORIDA FOLIO: 00416720000 REC$52.50 INDX$1.00 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this 1(p day of 11)u JS' , 2023, 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"); and WHEREAS, the County has determined that this Property is suitable and appropriate for highway purposes or road right of way, sidewalk, utility, drainage, and maintenance purposes; and WHEREAS, the County's proposed use of the Property highway purposes or 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 a road or 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 Public Utility Easement 10/15/2015 5201/2158 COMCAST SUBORDINATION OF UTILITIES 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: BOARD OF COUNTY COMMISSIONERS CRYSTAL K.`KINZEL Clerk COLLIER COUNTY, FLORIDA BY: Auebt as Cr irmarl's Deputy Clerk RICK LoCASTRO., Chairman signet re rniy Signed, sealed and delivered COMCAST OF FLORIDA/MICHIGAN/NEW in our presence as witnesses: MEXICO/PENNSYLVANIA/WASHINGTON, LLC a Colorado limited liability company , BY: COMCAST CABLE COMMUNICATIONS, LLC WITNESS (Signature) a Delaware limited liability company, as Manager Name: `Jd'2-1,/' (Print or Type) BY: COMCAST HOLDI S ORP,.ORATION, a Pennsylvani 1 co ora ' n a anager WITNESS (Signature) BY: ( Name: E&Ga IZcord zvo I �' r �.�1 r►'�4�?��� (Print or Type) (Title) 2 STATE OF FL I A COUNTY OF (. /L0fAC'J,(\- The foregoing Subordination of Utility Interests was acknowledged before me by means of vV physical presence or online notarization this /(0 el dayofW,-)- , 2023, by �,c NAAtA P�� (Name), as /2(1 (Title), p 9 of COMCAST HOLDINGS, INC., a Delaware corporation, as Mana Err of COM'AST 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) µ _�/� (Signature of otary Public) of v v� THERESA LYNN MARTIN I �/� 1/� �Q��, : 1¢F Notary Public-State of Florida I litii—LS rT (T/LiA. �v`" `�`� �N vaaj"_� M Commission FebZ14Z 027 ► Print Name of Nbta Public ''•'orrw� My Comm.Expires , ( ry ) Bonded through National Notary Assn. NOTARY PUBLIC �" _ Serial/Commission # (if any) My Commission Expires: A pro ed s t r rm and legality- A./ 11 ff DEREK D. PERRY, ESQ. Assistant County Attorney \t)\1 °\ EXHIBIT K. E . TRASK, P.A. LAND SURVEYORS A PARCEL LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (RIGHT OF WAY COMPENSATION AREAS) RIGHT OF WAY COMPENSATION AREA#1 ATRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT G, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10,AT THE INTERSECTION OF THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY AND THE SOUTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (TRACT R-1, SAID HACIENDA LAKES OF NAPLES);THENCE N.00°51'54"E., CROSSING SAID RATTLESNAKE HAMMOCK ROAD, ALONG SAID EAST CANAL RIGHT OF WAY LINE AND THE WEST LINE OF SAID TRACT R-1, FOR 78.08 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 14, SAID INTERSECTION LYING N.87°37'31"E.AT 100.16 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 14;THENCE N.00°49'31"E.ALONG SAID CANAL RIGHT OF WAY LINE FOR 54.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE N.89°46'04"E.ALONG SAID RIGHT OF WAY LINE AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, FOR 335.42 FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE AND BOUNDARY, N.02°23'57"W. FOR 12.01 FEET; THENCE N.89°46'04"E. PARALLEL WITH AND 12.00 FEET NORTHERLY OF (AS MEASURED ON A PERPENDICULAR) SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 219.82 FEET; THENCE S.00°13'56"E. FOR 12.00 FEET TO SAID RIGHT OF WAY LINE AND BOUNDARY;THENCE S.89°46'05"W.ALONG SAID RIGHT OF WAY LINE AND BOUNDARY FOR 219.37 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2635.29 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. RIGHT OF WAY COMPENSATION AREA#2 ATRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT G, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10,AT THE INTERSECTION OF THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY AND THE SOUTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (TRACT R-1,SAID HACIENDA LAKES OF NAPLES);THENCE N.00°51'54"E., CROSSING SAID RATTLESNAKE HAMMOCK ROAD, ALONG SAID EAST CANAL RIGHT OF WAY LINE AND THE WEST LINE OF SAID TRACT R-1, FOR 78.08 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 14, SAID INTERSECTION LYING N.87°37'31"E. AT 100.16 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 14;THENCE N.00°49'31"E.ALONG SAID CANAL RIGHT OF WAY LINE FOR 54.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE N.89°46'04"E.ALONG SAID RIGHT OF WAY LINE AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, FOR 665.04 FEET; THENCE N.87°37'31"E. ALONG SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 187.25 FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE AND BOUNDARY, N.02°22'29"W. FOR 12.00 FEET; THENCE N.87°37'32"E. PARALLEL WITH AND 12.00 FEET NORTHERLY OF (AS MEASURED ON A PERPENDICULAR) SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 214.27 FEET TO THE WEST LINE OF THE 170.00 SHEET 1 OF 4 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 Page, o K.E. TRASK, P.A. LAND SURVEYORS (RIGHT OF WAY COMPENSATION AREAS-CONTINUED) FOOT WIDE FLORIDA POWER AND LIGHT COMPANY RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 850, PAGE 976, SAID PUBLIC RECORDS; THENCE S.01°01'04"W. ALONG SAID WEST RIGHT OF WAY LINE, FOR 12.02 FEET TO SAID NORTH RIGHT OF WAY LINE AND BOUNDARY; THENCE S.87°37'32"W. ALONG SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 213.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2567.00 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. K.E. TRASK, P.A. MARCH 21, 2022 FLORIDA LICENSED BUSINESS LB8450 Digitally signed by Kenneth E. Kenneth E.Trask Trask Date:2022.03.21 17:30.31-04'00' KENNETH E. TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 2 OF 3 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 EXHIBIT__. Page 3 of A -< 7" N.UNE S.1/2 OR 4279,PC 2459 S.E.1/4 S.W.1/4 N.LINE S.1/2 S.W.1/4 S.W.1/4 \ I =I 7, — 5 I Q 3 PARCEL 3 PARQ 1 Y OR a81g.TP 3122 LINE TABLE ; ui UNE BEARING DISTANCE Ed I L7 58731'31'E 78.0B' I o S :ill ¢ L2 S87'37'31'W 100.18' 'i g PARCEL 1 L3 N00'49'J1'E 54.95' —W.80'—r ee ee m li OR PART OF 3122 L4 N0223'57 W 12.D1' 5.1/2 Eli I7 LS S00'13'58'E 12.00' I I SE7/4 vi n I LB NO222'29'W 12.00' S.W.1/4 N oI — J L7 501'01'04'W 12.02' Ou I 1-170'FPL R/W—I et 3 S OR 850,PC 978 a 7 W 3 I PARCEL 2 I PART OF OR 4819.PG 3122 RIGHT OF WAY RIGHT OF WAY -COMPENSATION COMPENSATION • 3 AREA 1 AREA 2 I ill OR 4 OF PART OF 419.PG 3122 OR 41319.PG 3122 N8737'32'E 214.2Y P.O.B. N89'48'04'E 219.B2' NB9'48'04'E 335.42' �' S87'37'S2'W 213.55 I N.RIGHT OF WAY UNE S89'48'05'W 219.37' J /�1787'37'31'E 167.25 - I NB9'48'04'E BBs.o4' P.O.B. ---- P.O.B. OR 4338,PG 3881 S.W.1/4 SW.1/4 U TRI SWTH UNE SECTON 14 _—_—- - RIGHT OF WAY SE.CORNER -------'------ N87'37'31'E RIGHT OF RI WAY RATTLESNAKE HAMMOCK ROAD P.B.55 PG.10 SW CORNER SECTION 14 P.B.55. S.RIGHT OF WAY UNE PG.10 P.O.C. NW CORNER TRACT 0, HACIENDA LAKES OF NAPLES P.B.55,PG.10 LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING LS LICENSED SURVEYOR LB LICENSED BUSINESS O.R. OFFICIAL RECORDS BOOK P.B. PLAT BOOK PG. PAGE SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY K.E. Trask, P.A. DESCRIPTION Land Surveyors Digitally signed by Kenneth E. Florida Licensed Business No. LBB450 OF A PARCEL LYING IN Kenneth E.Trask Task 12345 Blasingim Road D. 202203.21179oss-oa00• Fort Myers, Florida 33966 SECTION 14,TOWNSHIP 50 SOUTH, (239)980-1495 RANGE 26 EAST, KENNETH E. TRASK DATE PROFESSIONAL LAND SURVEYOR date dwg seals pe/ heat COLLIER COUNTY,FLORIDA. FLORIDA LICENSE NO. LS4684 3-21-22 118 235N-R/W 11•-200 I 18-23 . 3 OF 3 !NSTR 6457884 OR 6291 PG 2254 PROJECT: 90000 Developers RECORDED 9/28/2023 8:58 AM PAGES 5 PARCEL: 158FEE1 & 158FEE2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER FOLIO: 00416720000 COLLIER COUNTY FLORIDA REC$44.00 This instrument prepared by: Cameron Crenshaw—CRE/AOW Florida Power&Light Company P. O.Box 1119 Sarasota,FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT,entered into this 1 C. day of ILf 2023,by and between COLLIER COUNTY,a political subdivision of the State of Florida,hereinafter called the"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 ENCUMBRANCE DATE RECORDED BOOK,PAGE Public Utility Easement 4/1/2014 OR5201 PG2158 Underground Easement 2/19/14 OR5010 PG831 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 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 ensure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage 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. CAO 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. ATTEST: ` 01$'4' BOARD OF COUNTY COMMISSIONERS CRYSTAL K ZII Clerk of the COLLIER COUNTY,FLORIDA Circuit • i & C Ie / BY: 1 Attest as o C airma .,Deputy Clerk Rick L.CAstre, Chairman signs re •nly,,•g Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY in the presence of: - By: B : 1 orate Real Estate Manager Print Name: 9y/q✓) PI k A i Print Name: Cameron Crenshaw By: 4 IL-i Print Name:—C"V�\6 \Pl( (1 (Corp. Seal) STA 1'h OF FLORIDA, COUNTY OF SARASOTA I hereby certify that on this,before me,an officer duly authorized to take acknowledgements,personally appeared Cameron Crenshaw,by means of physical presence or 0 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 Corporate Real Estate Manager of the Florida Power&Light Company and acknowledged before me that he/she executed the same as such official in the name and on behalf of said Corporation. •I'ti WITNESS my hand and official seal in the County and State aforesaid this 10 day of y ,2023. (affix notarial seal) fzS— (Sign re of Nota Public) Pylctn pia ic)e ' (Print Name of Notary Public) 4 Notary Public State of Florida 1 1 0 Dylan Plourde 1 1111 My Commission HH 415931 I Serial/Commission#(if any): 1.4 14 LI 15 / 3 1 t Expires 6/28/2027 I My Commission Expires: Go'2 g c '7' Ap rove as to rm n e al' / — Derek D. Perry' Assistant County Attorney ^ 3 2 FPL Subordination Agreement Last revised:11/4/2o do K. E . TRASK, P.A. LAND SURVEYORS A PARCEL LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (RIGHT OF WAY COMPENSATION AREAS) RIGHT OF WAY COMPENSATION AREA#1 ATRACTOR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT G, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10,AT THE INTERSECTION OF THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY AND THE SOUTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (TRACT R-1, SAID HACIENDA LAKES OF NAPLES);THENCE N.00°51'54"E., CROSSING SAID RATTLESNAKE HAMMOCK ROAD, ALONG SAID EAST CANAL RIGHT OF WAY LINE AND THE WEST LINE OF SAID TRACT R-1, FOR 78.08 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 14, SAID INTERSECTION LYING N.87°37'31"E. AT 100.16 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 14;THENCE N.00°49'31"E.ALONG SAID CANAL RIGHT OF WAY LINE FOR 54.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE N.89°46'04"E. ALONG SAID RIGHT OF WAY LINE AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, FOR 335.42 FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE AND BOUNDARY, N.02°23'57"W. FOR 12.01 FEET; THENCE N.89°46'04"E. PARALLEL WITH AND 12.00 FEET NORTHERLY OF (AS MEASURED ON A PERPENDICULAR) SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 219.82 FEET; THENCE S.00°13'56"E. FOR 12.00 FEET TO SAID RIGHT OF WAY LINE AND BOUNDARY;THENCE S.89°46'05"W. ALONG SAID RIGHT OF WAY LINE AND BOUNDARY FOR 219.37 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2635.29 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. RIGHT OF WAY COMPENSATION AREA#2 A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COUNTY OF COLLIER, LYING IN SECTION 14,TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF THE PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, COLLIER COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT G, HACIENDA LAKES OF NAPLES, PLAT BOOK 55, PAGE 10,AT THE INTERSECTION OF THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT OF WAY AND THE SOUTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (TRACT R-1, SAID HACIENDA LAKES OF NAPLES);THENCE N.00°51'54"E., CROSSING SAID RATTLESNAKE HAMMOCK ROAD, ALONG SAID EAST CANAL RIGHT OF WAY LINE AND THE WEST LINE OF SAID TRACT R-1, FOR 78.08 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 14, SAID INTERSECTION LYING N.87°37'31"E. AT 100.16 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 14;THENCE N.00°49 31 E.ALONG SAID CANAL RIGHT OF WAY LINE FOR 54.95 FEET TO THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE N.89°46I 04II E.ALONG SAID RIGHT OF WAY LINE AND THE BOUNDARY OF SAID PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 4819, PAGE 3122, FOR 665.04 FEET; THENCE N.87°37I 31II E. ALONG SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 187.25 FEET TO THE POINT OF BEGINNING;THENCE LEAVING SAID RIGHT OF WAY LINE AND BOUNDARY, N.02°22'29"W. FOR 12.00 FEET; THENCE N.87O 37I 32II E. PARALLEL WITH AND 12.00 FEET NORTHERLY OF (AS MEASURED ON A PERPENDICULAR) SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 214.27 FEET TO THE WEST LINE OF THE 170.00 SHEET 1 OF 4 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 Nei Page of K.E. TRASK, P.A. LAND SURVEYORS (RIGHT OF WAY COMPENSATION AREAS-CONTINUED) FOOT WIDE FLORIDA POWER AND LIGHT COMPANY RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 850, PAGE 976, SAID PUBLIC RECORDS; THENCE S.01°01'04"W. ALONG SAID WEST RIGHT OF WAY LINE, FOR 12.02 FEET TO SAID NORTH RIGHT OF WAY LINE AND BOUNDARY;THENCE S.87°37'32"W. ALONG SAID RIGHT OF WAY LINE AND BOUNDARY, FOR 213.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2567.00 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. K.E. TRASK, P.A. MARCH 21, 2022 FLORIDA LICENSED BUSINESS LB8450 Digitally signed by Kenneth E. Kenneth E.Trask Trask Date:2022.03.21 17:30:31-04'00' KENNETH E. TRASK PROFESSIONAL LAND SURVEYOR FLORIDA LICENSE LS4684 SHEET 2 OF 3 12345 BLASINGIM ROAD • FORT MYERS, FL 33966 tNkii;BIB' .©. r N.UNE S.1/2 SE.1/4 S.W.1/4 OR 4279,PC 2459 I N.UNE 5.1/2 S.W.1/4 5.W.1/4 I zI — Z OI PARCEL < I ; OR aa19TPc331z2 / LINE TABLE I. i Q I Y UNE BEARING DISTANCE i w o L1 N0051'54"E 78.OB' I Ij J A I F 6 L2 S87'37'31"W 100.16' Pi I rc PARCEL 1 L3 NO0'49'31'E 54.95' =W.80'—n m I PART OF L4 N0223'57'W 12.01' S.1/2 F. O!L I L. . OR 4819,PG 3122 LS S00'13'58'E 12.00' I I S.E7/4 td W L6 NO2R2'29"W 12.00' S.W.1/4 n Oo IIn g L7 501'01'04'W 12.02' ; F-170'FPL R/W—I U I OR 850,PG 976 j I al 6 3 I 4 I o PARCEL 2 PART OF a OR 4819,PG0 3122 RIGHT OF WAY RIGHT OF WAY 4 —COMPENSATION COMPENSATION AREA 1 AREA 2 U PART OF PART OF W OR 4e19.PG 3122 OR 4919.PG 3122 • i N87'37'32'E 214.27' ,� ---- N89'48'04'E 219.82' P.O.B. N89'46'04"E 335.42' 587'37'32"W 213.56' N.RIGHT OF WAY UNE J 589'48'05"W 219.37' N87'37'31"E 187.25�—— _ __ __L__ _-f- -- I N89'46'04"E 665.04' P.O.B. INCSECTION 14 -- P.O.B. RIGHT OF WAY S.E.CORNER "�� SWTH - __— CR 4336,PG 3881 S.W.1/4 S.W.1/4 ______ -----------N87'37'31'E RIGHT OF WAY --L2 ® RATTLESNAKE HAMMOCK ROAD TRACT RI P.B.55 PG.10 -SW CORNER n SECTION 14 P.B.55, S.RIGHT OF WAY UNE PG.10 P.O.C. NW CORNER TRACT G, HACIENDA LAKES OF NAPLES P.B.55,PG.10 LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING LS LICENSED SURVEYOR LB LICENSED BUSINESS O.R. OFFICIAL RECORDS BOOK P.B. PLAT BOOK PG. PAGE SKETCH TO ACCOMPANY THIS IS NOT A BOUNDARY SURVEY K.E. Trask, P.A. Land Surveyors DESCRIPTION Digitally signed by Kenneth E. Florida Licensed Business No. L138450 OF A PARCEL LYING IN Kenneth E.Trask Trask 12345 Blasingim Road Date:2022.03.211730:55-04'00' Fort Myers, Florida 33966 SECTION 14,TOWNSHIP 50 SOUTH, (z3s) 9eo-tags RANGE 26 EAST, KENNETH E. TRASK DATE PROFESSIONAL LAND SURVEYOR data deg scale Jobs sheet COLLIER COUNTY,FLORIDA. FLORIDA LICENSE NO. LS4684 3-21-22 118-23SK-R/W I 1"=200' I 18-23 I 3 OF 3 7®