Subordination of Utility Interests (Parcel 104FEE) Project: 60199 Vanderbilt Beach Road
Parcel 104FEE
Folio No.: 66679305989
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this day of ,4,L.; 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 road right of way; and
WHEREAS, the County's proposed use of the Property highway purposes of road right of
way 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 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 07/23/1998 2574,15
EASEMENT 07/24/1998 2731,287
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
COMCAST wi;l „id OF UTL1TIES
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.
r
� 4r
ATTEST BOARD OF COUNTY COMMISSIONERS
CRYSIA&. K Z rk COLLIER COUNTY FLORIDA
fi^_� dr r1r1^
F'U BY:
test asi timail:S• `puty 'le RICK LoCASTRO, Chairman
sign 're,o►ly e,t.
Signed, sealed and delive d COMCAST OF FLORIDA/MICHIGAN/NEW
in our presence as witne es: MEXICO/PENNSYLVANIA/WASHINGTON, LLC
a Colorado limited liability company
By: COMCAST CABLE COMMUNICATIONS, LLC
S (Signatur ) a Delaware limited liability company, as
Manager
Name: n q
(Print or Type) By: COMCAST H DI► . R ATION, a
Pennsylvani c• so . n anager
WITNESS (Signature) By: ''
Name: Er'Ca i.Ctr1clAZ'D out f& ihlYa
(Print or Type) (Title)
COMCAST SUBORDINATION OF UTILITIES 2
Last Revised 05/28/2020
STATE OF Pogioit9
COUNTY OF ?v G.--
The foregoing Subordination of Utility Interests was acknowledged before me by means of
l physical presence or D online notarization this 3 day of 14-1A P.- , 2023,
b,(,�� (C ' ���/✓` (Name), as
(Title), of COMCAST HOLDINGS, INC., a Delaware
corporation, 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) 'l�/�Q,/fr Y/446/A
(Signature of otary Public)
yv ny THERESA L MARTIN 11E4M6
Notary Public Sta Sta te of Florida
Commission�HH 323820
MY Comm.Expires Feb 14,2027
(Print Name of Notary Public)
ded through National Notary Assn• NOTARY PUBLIC
Serial/Commission # (if any)_ _
My Commission Expires:
Ap rov d as o for regality:
Assistant County Attorney ) \ 1 1 1 1,-
COMCAST SUBORDINATION OF UTILITIES 3
Last Revised 05/28/2020
3, ss ° 104FEE tI� EXHIBIT A
°6 32 1 S . y
SOUTHERLY RIGHT-OF-WAY N 18? 90948E ��ti `Q Page 1 of 2
GOODLE7TE FRANK ROAD/
VANDERBILT BEACH RAOD %
R=96.00' �eyo f0 6c)�j, I�
160' A=85°31'03" `6,d> 'Q6 �liO q�
CB=S67°35'20"W e4 D� Pp�0
T4 C�4 % 8
6 �C=130.35' oso 4 * qF S
4'
A L=143.29' -0 -*, 0qJ �7 O,O �
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w NOTES:
a) / 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT
Q INTENDED TO BE USED AS ONE.
o_ , v- N 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON
/ 0 0 a ARE IN FEET AND ARE PROJECTED ONTO THE FLORIDA
co STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH Li
�y 3 p LL PARCEL No. 66679305989 AMERICAN DATUM OF 1983 (NAD83), 2011 Q
' D N NAPLES CHRISTIAN CHURCH ADJUSTMENT. L`
W 3 U `- cV (ORB 2468, PG 3224) 3. BEARINGS SHOWN HEREON ARE BASED ON THE c
m o EASTERLY RIGHT-OF-WAY OF GOODLETTE-FRANK o
° ROAD, WHEREIN SAID EASTERLY LINE BEARS N.
(~
g a p N07'08'12"E. j
Fl W ~ Z O 4. PARCEL CONTAINS 6,074 SQUARE FEET OR 0.139 Lnn
a 6 CO ACRES, MORE OR LESS w
A 5. P.O.C. = POINT OF COMMENCEMENT -'
o CD -' 6. P.O.B. = POINT OF BEGINNING rx
N O DESCRIBED PARCEL OF LAND 8. ORB = OFFICIAL RECORDS BOOK cr
w
0 9. PG = PAGE o
(CONTAINS 6,074 SQ.FT./0.139AC.,±) 10. -R/W- = RIGHT-OF-WAY z
D
LE 11. SQ. FT. / AC. = SQUARE FEET / ACRES o
E 12. R = RADIUS ui
J
(BASIS OF BEARINGS) 13. = DELTA ¢
EASTERLY RIGHT-OF-WAY 14. CB = CHORD BEARING rn
41
GOODLLI!L-FRANK ROAD 15. C = CHORD LENGTH o
16. L = ARC0
17. NOT VALIDLWTHOUT SHEETS 1 THROUGH 2 OF 2. ¢
a o
L P.O.B. THIS IS NOT A SURVEY z
0
I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE N
0 N82°51'48"W 6.50' AND BELIEF, THAT THE LEGAL DESCRIPTION AND J
N0708'12"E 65.90' ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
WITH THE APPLICABLE PROVISIONS OF CHAPTER <
5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT CD
1 TO CHAPTER 472, FLORIDA STATUTES. o
d w
cr P.O.C. LI
INTERSECTION OF THE E'LY RIGHT-OF-WAY OF • Digitally signed z
GGOODLE17E FRANK ROAD (WIDTH VARIES)AND o
1 THE SW LY CORNER OF THE LANDS AS DESCRIBED Davi
by D E
David Hyatt IN OFFICIAL RECORDS BOOK 2468, PAGE 3224, U
N PUBLIC RECORDS OF COWER COUNTY, FLORIDA _J
Date: w
co PARCEL No. 00176880002 2023.02.13 N
-g FLORIDA POWER & COMPANY ya
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(ORB 524, PG 121)
15:45:23 -05'00' w
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I THIS SKETCH HAS BEEN DIGITALLY SIGNED BY: _
DAVID J. HYATT (FOR THE FIRM L.B. 642) ~
PROFESSIONAL SURVEYOR AND MAPPER p
FLORIDA CERTIFICATE NO. 5834
8 e ON THE DATE ADJACENT TO THE SEAL. o
0 25 50 100 0
PRINTED COPIES OF THIS DOCUMENT ARE NOT I
N (INTENDED DISPLAY SCALE: 1"=100') CONSIDERED SIGNED AND SEALED, AND THE DIGITAL J
i SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC <
0
o COPIES. U
LI
SKETCH AND DESCRIPTION p
JOHNS `� JOHNSONENGINEERING, INC.2350PARCEL OF LAND LYING IN w
2350 STANFORD COURT SECTION 34,TOWNSHIP 48 SOUTH,RANGE 25 EAST L
i NAPLES, FLORIDA 34112 COLLIER COUNTY, FLORIDA
PHONE: (239) 434-0333CLi
ENGINEERINGE.B. #642 & L.B. #642 DATE PROJECT NO. FlLE NO. SCALE SHEET 0
01/19/23 20225203-000 34-48-25 1"=100' 1 OF 2 O
z
104FEE EXHIBIT A
DESCRIPTION Page 2 of 2
A PARCEL OF LAND
LYING IN
A PORTION OF TRACT 2, PELICAN MARSH GOLF COURSE, PHASE ONE AND
LANDS AS DESCRIBED IN
OFFICIAL RECORDS BOOK 2468, PAGE 3224
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A PARCEL OF LAND LYING IN A PORTION OF TRACT 2, PELICAN MARSH GOLF COURSE,
PHASE ONE, AS RECORDED IN PLAT BOOK 23, PAGE 40 AND LANDS AS DESCRIBED IN
OFFICIAL RECORDS BOOK 2468, PAGE 3224, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE EASTERLY RIGHT—OF—WAY OF
GOODLETTE—FRANK ROAD (RIGHT—OF—WAY WIDTH VARIES) AND THE SOUTHWEST CORNER
OF THE LANDS AS DESCRIBED IN THE AFOREMENTIONED OFFICIAL RECORDS BOOK 2468,
PAGE 3224, THENCE N.07'08'12"E. ALONG SAID EASTERLY RIGHT—OF—WAY, A DISTANCE OF
65.90 FEET TO THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING, THENCE, CONTINUE ALONG SAID EASTERLY RIGHT—OF—WAY
LINE, SOUTHERLY RIGHT—OF—WAY AND THE SOUTHWESTERLY RIGHT—OF—WAY OF
VANDERBILT BEACH ROAD (WIDTH VARIES) FOR THE FOLLOWING THREE (3) COURSES:
1. N.07'08'12"E., A DISTANCE OF 486.49 FEET;
E 2. N.68'32'43"E., A DISTANCE OF 78.27 FEET;
3. S.52'51'48"E., A DISTANCE OF 59.09 FEET TO A POINT ON A NON—TANGENT CURVE
TO THE LEFT;
THENCE DEPARTING SAID RIGHT—OF—WAY AND ALONG SAID CURVE TO THE LEFT HAVING A
RADIUS OF 96.00 FEET, (DELTA 85'31'03"), (CHORD 130.35 FEET), (CHORD BEARING
ri S.67'35'20"W.), AN ARC DISTANCE OF 143.29 FEET; THENCE S.0708'12"W., A DISTANCE
OF 430.12 FEET; THENCE N.82'51'48"W., A DISTANCE OF 6.50 FEET TO THE POINT OF
BEGINNING.
DESCRIBED PARCEL OF LAND CONTAINS 6,074 SQUARE FEET OR 0.139 ACRES, MORE OR
LESS.
a
BEARINGS DESCRIBED HEREON ARE PROJECTED ONTO THE FLORIDA STATE PLANE
COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83), 2011
ADJUSTMENT AND BASED ON THE EASTERLY RIGHT—OF—WAY OF GOODLETTE—FRANK ROAD,
WHEREIN SAID EASTERLY LINE BEARS N07'08'12"E.
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*NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2.
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5 *THIS IS NOT A SURVEY.
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SKETCH AND DESCRIPTION
J OT 11-T11 `r JOH
NSON ENGINEERING, INC.
PARCEL OF LAND LYING IN
e 2350 STANFORD COURT SECTION 34,TOWNSHIP 48 SOUTH, RANGE 25 EAST
NAPLES, FLORIDA 34112 COLLIER COUNTY,FLORIDA
PHONE: (239) 434-0333
t ENGINEERING E.B. #642 & L.B. #642 DATE PROJECT NO. FILE NO. SCALE SHEET
01/19/23 20225203-000 34-48-25 N/A 2 OF 2