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Parcel 253FEE2 168 _ INSTR 6723586 OR 6502 PG 2491 RECORDED 8/27/2025 4:32 PM PAGES 4 CLERK OF CIRCUIT COURT AND COMPTROLLER PROJECT: �jd000vdo COLLIER COUNTYTHE FLORIDA Parcels: ' .t(j FGE)' REC$35.50 Folios: ooi)zygcoog SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this 'day of ,2025,by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter calle the "County", and LEE COUNTY ELECTRIC COOPERATIVE, INC., a Florida not-for-profit corporation, whose mailing address is 4980 Bayline Drive, North Fort Myers,FL 33917,hereinafter called "Utility". WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway, stormwater management, and drainage purposes; and WHEREAS, the proposed use of these lands for highway, stormwater management, and drainage 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 highway, stormwater management, and drainage over,through,upon, and/or across such lands,based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement May 8, 1989 1439,146 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. 6. This Agreement shall not be assigned by the County except to the State of Florida. 16B 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the clay and year first above written. - ATTEST. ' 4(% eik, BOARD OF COUNTY COMMISSIONERS CRYSTAL.k:•I iNZEL, Clerk of the COLLIER COUNTY,FLORIDA Circuit Court& C•u ptroller i ! tri.tti.. ." ' 14611VIr BY: Att,"/Z4a€4.00"- _ Attet as to Chsirmon's ,i1"e h'��k am+ L. , Chairman signatVre.%4. ;c j Signed, sealed and delivered LEE COUNTY ELECTRIC COOPERATIVE, in the presence of: INC., a Florida not-for-profit corporation : AtfYIA.112AZO. By By: DENISE VIDAL, Chief Executive Officer Print Name: V n 4"v se. r,,.'� urM .fit_I le)t1 By: Print Name: - J C44._ e VOJ Wes-- (Corp. Seal) N6rJ-A Fe y-"s,Jr l 3 s 4, ) STATE OF FLORIDA, COUNTY OF LEE I hereby certify that on this day,before me,an officer duly authorized to take acknowledgements,personally appeared by means of physical presence or Illonline notarization Denise Vidal, to me known and personally known to me to be the erson described in,and didake an oath and who executed the foregoing instrument as the EVP/CEO of Lee County Electric Cooperative, Inc., a Florida corporation 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 glitay of fi ,2025.taxt. (affix notarial seal) •0.0.u°4 JULIEVAUGHN �' �'' ` Commission 8 HH 143188 (S i:! ature of Notary Pu ) III Expires October 17,2025 0;�rFOV FteQ'�e Bcn su TAN Budget Notary Unice, J uL.�' v (Print Name of Notary Pub c) Serial/Commission# (if any): ff11 !43/n8 My Commission Expires: /0//7/1.S Approv s to form and legality: Sally Ashkar srfch , / Assistant County Attorney GN,` 11" Last revised November 8.2022 2 GP I 6 B 1 N 253FEE2 EXHIBIT "A" EXHIBIT "A" IROW Rcvd 4/30/25 Page 1 of 2 0 50 100 NEE OF THE NE} OF THE SW 11 SECTION 4-47-29 1" = 100' I-S.` W < W3 J E Li W cc Ll CV C`4 O M.(0 Ce V) I g I- I- 8`" to 2 o 1- c7 _U CATHOUC CHARITIES DIOCESE OF VENICE INC o 2 0 MIGUEL, MARTA PARCEL #: 00122840009 m w 00 CCDOV HOLDINGS INC PARCEL #: 00123120003 I H Y o_ < 00123000000Z POINT OF D a = BEGINNING N o NORTH UNE OF THE SE i OF THE NE i OF THE SW} , SECTION 4-47S-29E N 89'40'22" E 630.61' BOSTON AVENUE L1 . W V • S 89'40'22" W 630.65' 1' w Z n o0 •Zr b j M / W" Fe o I OUR LADY OF GUADALUPE PARISH N4.7 Z F i PARCEL #: 00123840008 a oN w LE,-1 SE OF THE NE OF THE SW o� SECTION 4-47-29 ° rn o ? a o WEST LINE OF THE SE } OF THE NE 1 OF THE SW } SECTION 4-47S-29E co 00 v in LINE BEARING DISTANCE L1 S 89'40'22" W 30.00' POINT OF COMMENCEMENT L2 S 00'31'46" E 30.00' S 1/4 CORNER OF SECTION 4 L3 N 00'27'18" W 30.00' TOWNSHIP 47S, RANGE 29E *NOT A SURVEY* Bovvrnan BOSTON AVENUE & CASA SAN JUAN DIEGO RIGHT-OF-WAY CONVEYANCE Bowman Consulting Group,Ltd..Inc. Phone:(239)254-2000 SKETCH & LEGAL DESCRIPTION 950 Encore Way Naples,FL 34110 www.bowman.com ©Bowman Consulting Group,Ltd. COLLIER COUNTY FLORIDA PROJECT NO. 340697 !DRAWING it: H-2822 DATE:Apr. 14, 2025 Professional Surveyors and Mappers,Certificate NO.LB-8030 CADD FILE:CONVEYANCE 1 ISEC—TWN—RGE 4-47-29 SHEET: 1 OF 2 V:\340697—Boston Ave—Hancock St\340697-01-001(SUR)—Boston Ave—Hancock St\Survey\340697\SKET0IES\Conveyance 1.dwg 4/14/2025 3:11:27 PM Plotted by: kshrauger 16B 1 EXHIBIT "A" PARCEL DESCRIPTION: 253FEE2 Page 2 of 2 A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NO0'31'46"W ALONG THE EAST LINE OF THE SOUTHWEST 1/4, OF SAID SECTION 4 FOR A DISTANCE OF 1987.54 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4, OF THE NORTHEAST 1/4, OF THE SOUTHWEST 1/4, OF SAID SECTION 4; THENCE RUN S89'40'22"W ALONG THE NORTH LINE OF THE SOUTHEAST 1/4, OF THE NORTHEAST 1/4, OF THE SOUTHWEST 1/4, OF SECTION 4 FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE, LEAVING SAID NORTH LINE, RUN S00'31'46"E FOR A DISTANCE OF 30.00 FEET; THENCE RUN S89'40'22"W FOR A DISTANCE OF 630.65 FEET; THENCE RUN NO0'27'18"W FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4, OF THE NORTHEAST 1/4, OF THE SOUTHWEST 1/4, OF SECTION 4; THENCE RUN N89'40'22"E, ALONG SAID NORTH LINE, FOR A DISTANCE OF 630.61 FEET TO THE POINT OF BEGINNING. CONTAINING 18918.92 SQUARE FEET OR 0.43 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AS BEING NO0'31'46"W. `,,`puummurrrr tttt j. BOWMAN CONSULTING GROUP, LTD., INC. •:ys CERTIFICATE OF AUTHORIZATION NUMBER LB 8030 _ '" 6278 DN: C=US, o o ' STATE OF c E=jhilton@bowman.com, =;�'••.FLORIDA: � O=Bowman, CN=John Hilton ���'' • �a,O�Surveyo' °°a''� Date: 2025.04.16 10:51 :16-04'00' °"" "" BY 8 *NOT A SURVEY* JOHN J. HILTON STATE OF FLORIDA Bowman BOSTON AVENUE & CASA SAN JUAN DIEGO RIGHT-OF-WAY CONVEYANCE Bowman Consulting Group,Ltd.,Inc. Phone:(239)254-2000 SKETCH & LEGAL DESCRIPTION 950 Encore Way Naples,FL 34110 www.bowman.com COLLIER COUNTY FLORIDA ©Bowman Consulting Group,Ltd. PROJECT NO. 340697 !DRAWING #: H-2822 DATE:Apr. 14, 2025 Professional Surveyors and Mappers.Certificate NO.LB-8030 CADD FILE:CONVEYANCE 1 ISEC—TWN—RGE 4-47-29 SHEET: 2 OF 2 V:\.340697—Boston Ave—Hancock St\340697-01-001(SUR)—Boston Ave—Hancock St\Surrey\340697\SKETCHES\Conveyance 1.drg 4/14/2025 3:11:27 PH Plotted by. kshrauger