Parcel 141PUE (Embarq Subordination)
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4216883 OR: 4397 PG: 1763
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
09/30/2008 at 02:15PM DWIGHT E. BROCK, CLBRK
RBC FEE 35,50
INDBXING 2,00
Project: Collier-Immokalee Interchange
(Miscellaneous Projects No. 99999)
PARCEL: 141PUE
FOLIO: Portion of 49660081080
Retn:
CLBRK TO THE BOARD
INTBROFFICE 4TH FLOOR
BXT 8406
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this ~ day of ~ '
2008, by and between COLLIER COUNTY, a political subdivision of e State of
Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112, (hereinafter referred to as "County"), and EMBARQ FLORIDA,
INC. fka SPRINT-FLORIDA, INCORPORATED, successor by merger to UNITED
TELEPHONE COMPANY OF FLORIDA, a Florida corporation, whose mailing address
600 New Century Pkwy., Mail Stop KSNCAA0133-RETA 600, New Century, Kansas
66031 (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 necessary for
pathway, public utility and maintenance purposes; and
WHEREAS, the County's proposed use of the Property for pathway, public utility
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, Utinty
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 installing,
constructing, maintaining and repairing pathways and public utilities over, under,
through, upon, and/or across said Property, including, but not limited to the claim of
interest based upon the following:
EMBARQ Real Estate
ARN PRN <1 J.J'fo j
OR: 4397 PG: 1764
NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED
ENCUMBRANCE BOOK-PAGE
Plat Book 6/8/2005 Bayvest, LLC Public Utilities Plat Book 43,
Dedication Pages 46-54
Declaration 6/20/2006 Bayvest, LLC & Utility Companies a.A. Book 3968,
Centex Homes Pages 4031 et seq.
Declaration 2/7/2006 Bayvest, LLC Utilities a.R. Book 3978,
Pages 2824 et seq.
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 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:
DWIGHT E;: .JaRO<;,r,~, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FRIDA
BY:
L*'
EMBARQ FLORIDA, INC. tka Sprint-Florida,
Incorporated, successor by merger to
United Telephone Company of Florida
ESS (Signat e)
Name: ~61( L-oK1.V1,v,V
.
(Print or Type)
By:
ti5 ~~~rA.'~em
A.~ ~>; ~-\c.-",t ~<:.. Q-\Ovr~
SUBORDINATION OF UTILITY INTERESTS
2
OR: 4397 PG: 1765
STATE OF
FCtJ ;t I () It'
COUNTY OF tJ ~JrJJC (/
The foregoing Subordination of Utility Interests was acknowledged before me this
-z.o day of /h)Cv~~ ,2008, by tt.)'1-YJllt.f l11ifr/ffJ'cr/ (Name),
as ~SI.sTIj--/Jr S-clCIl(j~;r , (Title), of Embarq Florida, Inc. fka
Sprint-Florida Incorporated successor by merger to United Telephone Company of
Florida, who is personally known to me or who has produced
~/+ as identification.
(affix notarial seal)
/d~dd~k
......, STEPHEN S. HARMATUCK
"'~~ MY COMMISSION # DDSSSS60
~~ EXPIRFS: NovenDer 17. 2010
'0I'"d'" Fl. Nctary Diocount ^""". Co.
> 1.aID-3.NQTARY
(Signature of Notary Public)
5'rl--r1f-6,J ~ 1f1l;'1P'1-/dC~
-
(Print Name of Notary Public)
Serial/ Commission # (if any):
My Commission Expires:
Approved as to form
and legal sufficiency:
-
. Wright, Assistant County Attorney
SUBORDINATION OF UTILITY INTERESTS
3
MRCILttO. (4( fr~t:
LEGAL DESCRIPTION - rf~p f5TLZAJ- /lJOV\f.1e x.. C LU.St V e fA.-n-(Lv4y AI'lS/)
fJ t..{ Q1L:c. C ~ Gt TJ:L- '[."( v e.4SP;;; NFN r
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 23,
TOWNSHIFJ 41:3 SOUTH, RANGE 26 EAST, BEING PART OF TRACT D, HERITAGE BAY COMMONS, AS RECORDED IN
PLAT BOOK 43, PAGES 46 THROUGH 54, OF THE PUBLIC RECORDS OF COLLIER COUNTY, f--LORIDA AND BEING
MORE PAf~TICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 0;
THENCE NORTHERLY 35.22 f-TET ALONG THE WEST LINE OF SAID TRACT D AND THE ARC OF A NON-TANGENTIAL
CURVE TO THE r~IGHT HAVING A RADIUS OF 182.00 FEET THf~OUGH A CENTRAL ANGLE OF 11'05' 12" AND BEING
SUBTENDED BY A CHORD WHiCH BEARS N.13'35' 12"W. FOR 35.16 FEET;
THENCE S.83"41:3'20"E., FOf~ 318.09 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT D:
THENCE N.89"58'23"W. ALONG SAID SOUTH UNE, FOR 307.97 FEET TO THE POINT OF BEGINNING.
CONTAiNING 5,282 SQUARE FEET OR 0.12 ACRES, MORE OR LESS.
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***THIS
IS
NOT A ~URVEY'***
r W LINE OF mACT 0
TRACT 0
HERITAGE BAY COMMONS
PB 43, PGS 46-54
EXHIBIT A
( _ o(~~'r_~'
~
PROPOSED t(IGHT OF
583'48'20"[
WAY LINE
N89"58'23"W 307.97'
S LINE OF TRACT 0
BEARING BASIS
318.09'
N LINE OF 100' WIDE COCOHATCHEE
CANAL RIGHT -Of---WAY
CURVE TABLE
'-ff-- -..--.--
DELTA CHORD CHORD BRG.
11'05'12" =J~'16' . N13'35'12"W
LEGEND
POB POINT OF BEGINNING
PB PLAT BOOK
PG(S) PAGE(S)
L 1 SEE LINE TABLE
C1 SEE CUINE TABLE
wEJE
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o 3D 50
l. r :::J
GRAPHIC SCALE
1 ": 60'
PAI~CEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESEfNATIONS AND RIGHTS OF WAY, (RECOFWED AND
UNRECORDm, WRllTEN AND UNWRllTEN).
BEARINGS l:3ASED ON THE SOUTH LINE OF TRACT D, HERITAGE BAY COMMONS, AS RECORDED IN PLAT BOOK 43,
f:>AGES 46 THROUGH 54 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SITflON 23,
TOWNSHIP 41:3 SOUTH, RANGE 26 E/IST, AS HAVING A [3EARING OF N.89'58'23"W.
-L----------------___._~_1i~J-~_
F;;ICHAI~D V. NESTLER DATE
PROFESSIONAL SURVEYOf;; AND MAPPER
FLORIDA CERTIFICATE No. LS 4786
NOT VALID UNLESS EMBOSSED WITH PROFESSIONAL'S SEAL
D~ 'T T A INc.Plannin:------ll,~!~29/~8 CLIENT;
. \ ^ II \ Visualization 1" = 60'
CONSULTING Civil~ DRAWN DY:- 'TlTLE' -
.... '-, , ..L .JL. Surveying & Mapping PTN .
1542 Camon Slreel IC:HECK~-
Fort Myers, Florida 33901 I RVN
(239) 278-5224 FAX: (239)278-5419 _-,--__----.___
www.consull-rwa.com SEe: 1WP: RGE: PROJECT 06017"7 02 00 SHEET
Florida Certificate of Authorization #6952 23 485 26E NUMBER: '. NUMBER:
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REVISED TO CORHECT SECTION/PLAT iNFORMATION 4-3-08 I'TN
CH2M
HILL
S K ET C H
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DESCRIPTION
OF 1
FILE
NUMBEF,:
0004-SK2