FPL Subordination of Utility Interests
4249395 OR: 4419 PG: 1127
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
01/09/2009 at 02:54PM DWIGHT E. BROCK, CLERK
REC m 112.00
cams 13.00
Retn:
CLERK TO THB BOARD
INTEROFFICE 4TH FLOOR
EXT 7240
PROJECf: Davis Blvd. No. 60073
This II1StI'Ument prepered by:
""",tic: r-s
Florida Po &:. Light Company
P. O. Box 1119
Sarasota, FL 34230-1119
SUBORDINATION OF UTILITY INTERESTS
AND AGREEMENT FOR
REIMBURSEMENT FOR ADDmONAL FACIUTY RELOCATIONS
nus AGREEMENT. entered into tillS ~';;..y of ~.l1-"DfTl\:ltA2008. by and be_ COlLIER. COUN1Y, a
political subdivISion of the State of Florida, llereinafter called tile "County". and FLORIDA POWER &. LlOHT
COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach. Florida 33408, heremaftet
called "Utility"
WITNESETH:
WHEREAS. the Utility presently has an interest in certam lands that nave been determmed necessary for highway
JlUI'llO$e$; and
WHEREAS, the proposed use of these lands for highway purpo.... willl'CQulre subordination of the mterest clalmcd
In such lands by Utility to tile County; and
WHEREAS, the COWlty IS willing to pay for the initial relocatton of the Utility's facilities within the pub1ic right-of-
way to prevent conflict between tile County's use and the Utility's use, and for the benefit of each, and
WHEREAS tile County, in recognition of the Utility's interest m the certain lands, is willing to pay for lllIY futw'e
relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A", IIttached
hereto and made a part hereof,
NOW. THEREFORE, m consideratlOl1 of the mutual covenants and proml.... of the parties hereto, Utility and tile
County agree as follows:
UTILITY subordinate.; any and all of its interest m Its easement lands described on "EXHIBIT A" attached hereto
and made a part hereof, to the inIcn:st of the County. or its successors, for the J>UI1XlIe of constnlctlng. unprovlng.
maintaining and operating a road over. Ihroulh. upon. and/or across such lands, based on the following:
NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED
ENCUMBRANCE BOOK., PAGE
Easement 0710212004 WaJ-Mart Stores East L.P. Florida Power &: Light O.R. Book 3599,
Company Paaes 1670-1677
Easement 07/1912004 WaI-Mart Florida Power &: Light O.R. Book 3609,
Companv Paaes 58-61
Easement 0712012006 Ronald Bendcnon 1995 Trust Florida Power &: Light O.R. Book 4074,
&: WR-I Associates, Ltd. Pages 3291-3295
Easement 0310812007 WR-I Associates, Ltd. &: Florida Power &: Light O.R.Book4194.
Ronald Beoderson 1995 Trust ~ PHCS 1273-1276
Easement 0411212007 Davis Crossmgs, LLC et a!. Florida Power &. Light O.R.Book4212,
Pues 1810-1819
Easement 0211811963 Circle Four, Inc. Florida Power &. Light Unrecorded
Companv
Easement 0212011963 Winfield and Florida Power &. Light U nrecorded
Jeannette L. Foater r,
.' ---'--"'-"""'----.----....,--." ""--'-"-"''''''.'''''._'~'_._-'~'--'''
OR: 4419 PG: 1128
The County and the Utility further agree that:
l. "Public right-of-way", as used herein, shall mean that area whicJ:llS described in Exhibit "A" and which includes the
Utilitys casements identified above and ldditionaJ lands for public right-of-way, as described in Exhibit "A".
attached hereto and II*le a part hereof.
2. The Utility s.haIl have tile right to consIruct, operale, maintain, improve, add to, upgrade, remove, and relocatle
facilities 011, within, and upon the public rtgtK-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, tile Utility retains the right to be
reimbursed. either now or in the future, for additional relocation or adjustment of its facilities tocated presently or to
be tocated on tile public right-of-way described in Exhibit" A ", if such relocat1on 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, tile cost of acqulrmg
replaccment easements.
4. The Utility shall nave the right to el1ter upon the lands described 10 Exllibit "A" for the purposes outlined In
Paragraph 2 abOve, mcluding the right to trim such trees, brush, and groWth which might endanger or anterfere with
such facilities. The County shall provide and insure access to said lands by the Utility.
5. The Utility agrees to repaII' any damage to County facilities and to indemni1)r the County apmst any loss or damage
resulting from tile Utility excrclSang its rights to construct, operate, maintain. unprove, add to, upgrade or remove its
facilities on the said public right-of-way.
6. This Agreement shall not be assigned by the County ClX.CCpt to the State of Florida.
IN WITNESS WHEREOF, the partlea hereto have executed this Agreement on the day and year first above written.
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BOARD OF COUNlY COMMISSIONERS
COLUERCO y, RIDA
N
Clerk
Si&ncd. sealed and !leiivered
in the presence of:
FLORIDA POWER &. LIGlIT COMPANY
By:_kemff2 ~
Prmt Name: Kelly J.
~4-
BY:~ L--
Prmt Name: Mark L. Byers
Print Name: ,,",-+111< -z... <v:f ~ C.
(Corp. Seal)
STATE OF FLORIDA, COUNlY OF SARASOTA
I llereby certi1)r that on this day, before me, an offICer duly aulllorlZCd to take acknowledgements, personally
appeared Mark L. Byers. to me known and personally known to me to be tile person described 10, and did not take an oath
and who executed tile forcgoil1g instrument as tile West Aret Real Estate Manager of the Florida Power &: Light Company
and aclcnow1edged before me that he executed the same as such officllll in the name and on belialf of said Corporation.
WITNESS my hand and official seal in the COlInty and State aforesaid thIS ~ of ~ - . 2008.
My Conunission Expires: Notary SIgnature ILt J fjr/OrUiIA.
NORRY PUBUC.STATE OF FLORIDA Notary P~blic S~te of~l~ri~-r 0 (} __"'7
W Kelly J. Lopez Kelly J. Lopez
Commission # DD54698 7 Pnnted Name:
Approved u to fomllnd Expires: MAY 01 2010
ICpI sufficleDC)': Bonded 1'h..l.'"1.I. Atlantic Bonding CO'J Inc.
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ASSISlIIIII County A
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FPLSubordinotion~1
OR: 4419 PG: 1129
EXHIBIT A
Page. of-LL
PARCEL 103FEE
FEE~
'NTER€$T
That portion of Landscape Tract L-2, ldarket Center, a subdivision
in Section 3, Township 50 South. Rang-e 26 Bast, as per plat
thereof recorded in Plat Book 41, Page 60, Public Records of
Collier County, Florida.
Being described as follows:
Commence at the northeast corner of said Section 3, said point
lying on the survey base line of State Road 84 (Davis Blvd.);
thence along said survey base line and the north line of said
Section 3, North 89043'23" West a distance of 1,978.69 feet;
thence leaving said survey base line and said north line South
00016'35" West a distance of 52.35 feet to the northwest corner
of said Landscape Tract L-2 for a POINT OF BEGINNING; thence
along the northerly line of said Landscape Tract L-2 South
50039'31* Bast a distance of 19.79 feet to the east line of said
Landscape Tract L-2; thence leaving said northerly line run along
said east line South 00017'13* West a distance of 35.17 feet;
thence leaving said east line North 89043'23* West a distance of
15.36 feet to the west line of said Landscape Tract L-2; thence
along said west line North 00016'35* East a distance of 47.65
feet to the POINT OF BEGINNING.
Containing 636 Square feet.
OR: 4419 PG: 1130
DAVIS BOUlEVARD
FEE SIMPLE
INTEREST
EXHIBIT A
~ :2.d rr
!
F;;
!
TItle:"PARCEL 103FEB lDate: 01"11-2008
Scale: 1 inch =: 10 feet ./Hle: DaV1B l03FEB.des
1rIct 1: 0.015 Aaes: 636 Sq Fooc: aco- a sOS.4737e o.oU'eec: Prec:moo al/l3367: PenmeIea- a 118 Feet
OOl-aSO.3\l31el11.79 ~.4323w 15.36
lXl2-oOO.1713w 35.17 ~.163Se47.6S
.
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OR: 4419 PG: 1131
PMCEl NO. (01 DE:
EXHIBIT A
~ ~ of (I
-
~I'ION ~Cl U8M:
.....,~. !"- I!NT
Legal Description
Drainage Easement
THE WEST 15 FEET OIT TRACT L-2AND THE WEST 15 FEET OF
TRACT C-2, MARKET O.ENTER, ACCORDING TO PLAT THEREOF
RECORDED AT PLAT BOOK 41, PAGES 60 AND 61, OF THE
PUBUC RECORDS OF COLUER COUNTY, FLORIDA
OR: 4419 PG: 1132
EXHIBIT A
Pa~ 4- of (/
PARCEL 104FEE
FEE SIMPLE
INTEREST
That portion of Lot 3, Market Center, a subdivision in Section 3,
Township 50 South, Range 26 East, as per plat thereof recorded in
Plat Book 41, Page 60, Public Records of Collier County, Plorida.
Being described as follows:
Commence at the northeast corner of said Section 3, said point
lying on the survey base line of State Road 84 (Davis BlVd.);
thence along said surveY base line and the north line of said
Section 3, North 89043'23" West a distance of 1,758.87 feet;
thence leaving said survey base line and said north line South
00016'37" West a distance of 50.00 feet to the south existing
right of way line of said State Road 84 (per Section 03506-2601)
for a POINT OF BEGINNING; thence along the easterly line of said
Lot 3, South 30041'22" East a distance of 58.31 feet; thence
leaving said easterly line North 89043'32" West a distance of
150.46 feet to the west line of said Lot 3 and to the beginning
of a curve concave southeasterly and having a radius of 50.00
feet; thence along the arc of said curve to the right a distance
of 78.55 feet through a central angle of 90000'26" with a chord
bearing North 45016'24" East to said south existing right of way
line and to the end of said curve, thence along said south
existing right of way line South 89043'23" East a distance of
70.46 feet to the POINT OF BEGINNING.
Containing 6,237 Square feet.
OR: 4419 PG: 1133
DAVIS BOULEVARD
Lan
EXHIBIT A
Page S of 11
I
!
FEE SIMPLE
INTEREST
Title: PARCEL 104FEE IDate: 01-11-2008
Scale: 1 inch = 40 feet IFile: Davis l04F.EE.cbl
TI'ICt 1: 0.143 Acres: <<l37 Sq Feet: ao..... .; a74.4926w 0.00 Feet: Precisioa mlll3S530: Penmolcr = 358 Feet
ool"13O.4122e 58.31 ~~-f f.AI'Qf
~.4332w 150.46 ()()jt..o89.4323c 70..46
". -..-----.---.-,-,.'.,-,,-.--..--......-....--..--....-.."'''''''''-~-----'--
OR: 4419 PG: 1134
EXHIBIT A
P8~ (;;, of.J.:L
PARCEL 105FEE
FEE SIMPlE
JNmEREST
That portion of Tract C-l, Market Center, a subdivision in
Section 3, Township 50 South, Range 26 East, as per plat thereof
recorded in Plat Book 41, Page 60, Public Records of Collier
County, Florida.
Being described as follows:
Commence at the northeast corner of said Section 3, said point
lying on the survey base line of State Road 84 (Davis Blvd.);
thence along said survey baseline and the north line of said
Section 3, North 89043'23" West a distance of 1,119.07 feet;
thence leaving said survey base line and said north line South
00028'45" West a distance of 50.00 feet to the south existing
right of way line of said State Road 84 (per Section 03506-2601)
for a POINT OF BEGINNING; thence along the east line of said
Market Center, South 00028'45" West a distance of 50.00 feet;
thence leaving said east line North 89043'23" West a distance of
609.45 feet to the easterly line of Lot 3, Market Center (per
said plat); thence along said easterly line North 30041'22" West
a distance of 58.31 feet to said south existing right of way
line; thence leaving said easterly line run along said south
existing right of way line South 89043'23" East a distance of
639.63 feet to the POINT OF BEGINNING.
Containing 31.227 square feet.
OR: 4419 PG: 1135
FEe SIMPLE
INTEREST
DAVIS BOULEY ARD
EXHIBIT A
Pa~ 7 of-Ll
\
Title: PARCEL lOSFEE I Date: 01-11-2008
Scale: 1 inch == 100 feet IFile: DaVlS 105F.BE.des
Tract I: 0.717 A/;:n;s: 31227 SqFeet: CIoswecn56.Q5OOw 0.00 Feet: ~n>lI999999: Pcnmoler= 1357 Feet
001...00.2845", 50.00 003ooo3O.4122"'58.31
002....s9.4323w 609.45 004cs89.4323e 639.63
TRACT C-l
MARKET CFNI'ER
I
OR: 4419 PG: 1136
f I .1.
"
EIiIIllrr n.l n
EXHIBIT A
Pa~ Ii?' of {f
LEG~SCB1f!I.QN & SKETCH
'(NOT A SURVEY)
,,~ NO.lo~n=E
A parcel of land situated In CoII~r County, Florida. lying in the East One Halt (1/2) ot the
Northeast One Quarter (1/4) ot Section 3, Township 50 South, Range 26 East. being a part
Tract " Gator Gate, according to the plat thereof, recoraed In the public records of Collier
County, FlorIda in Plat Book 7, Page 2, and being also a part of Tract 2, Gator Gate Unit 2,
according to the plat thereof, recorded in the public records ot CoUler County. Flonda in Plat
Book 7, Page 54, being further bound ana <1escribed as follows:
COClUT1encIng at the Northwest comer ot the East One Half (112) of the Northeast One
Quarter (1/4) of said SectIon 3. trnince S 00' 28' 36" W along the West line of said fracllon a
distance of 50,00 feet to the South right-of-way line ot State Road 84. thence S 89' 42' 19" E
along saia South Hne a distance of 200.00 feet to the Point of Beginning, thence S 00' 28'
36: W along a line parallel with and 200.00 feet East of (as measured on a perpendicular)
said West line of the East One Half (112) of the Northeast One Quarter (1/4) a distance of
900.00 feet; thence S 89' 42' 19" E . lei with ana 900.00 feet South ot (as
measured on a perpendicular) - ~. e of State Road 84 a distance of
1.012.98 feet to the West nght ne of County 1. thence N 00' 50' 42" E along
said West right-of-way line 0 aa 951 a dis of 500.04 feet to a point of
IntersectJon with a curve co ha a radius of 905.71 feet and to
which point a radial Me b 0 hWGSterly along sala Curve
through a central angle of . 1 f t the South rtght-<lf.way line
of State Road 84; thence . ht-<lf-way line a distance ot
618.76 feet to the Point of ~
~u
THE NORTH 50 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
SOlITH llIClHToOF-WAy LIE
Of STAn: 1IllAO"
N
WEST fIOHToOF-WAY LIE
Of CClI.MY IIllAO 111
SKETcH NOT TO SC4LE
CoIIreou.,T-'1JI ~ . '~IAd~..... g lItdOtg....
0113111111I:57 PII
OR: 4419 PG: 1137
PARCEL. ~07FEE
Fee~
'N'TERe$r
EXHIBIT A
Pa~ 9' Of-Ll.
That portion of Tract ~, Gator Gate, a subdivision as per Plat
Book 7, Page 2, and that portion of Tract 2, Gator Gate Unit 2, a
subdivision, as per plat thereof recorded in Plat Book 7, Page
54, Public Records of Collier County, Florida. all being in
Section 3, Township 50 South, Range 26 East.
Being described as follows:
Commence at the northeast corner of said Section 3, said point
lying on the survey base line of State Road 84 (Davis Blvd.);
thence along said survey base line and the north line of said
Section 3. North 89043'23N West a distance of 49~.70 feet, thence
leaving said survey base line and said north line South 000~6'37H
West a distance of ~OO.OO feet to the south line of the north
50.00 feet as described in warranty deed recorded in Official
Records Book 4026. Page 3583, Public Records of Collier County,
Florida for a POINT OF BEGINNING; thence along said south line,
South 89043'23N East a distance of 76.86 feet to the end of said
line and the beginning of a curve concave southwesterly, as
referenced in said Official Records Book 4026, Page 3583 and
having a radius of 905.7~ feet, thence along the arc of said
curve to the right a distance of 473.~6 feet through a central of
angle of 29055'57N with a chord bearing South 4~0~7'4~N East to
the east line of said Gator Gate Unit 2 and to the end of said
curve; thence along said east line South 00050'27# West a
distance of 97.05 feet to the beginning of a curve concave
southwesterly and having a radius of 865.7~ feet; thence along
the arc of said curve to the left a distance of 602.93 feet
through a central angle of 39054'~5N with a chord bearing North
40033'22# West to the end of sa~d curve and to the POINT OF
BEGINNING.
Containing 21.428 square feet.
OR: 4419 PG: 1138
DAVIS BOULEVARD
EXHIBIT ,A
~ (0 of.....LL
GATOR GATE UNIT 2
PLATBOOK7,PAGE54
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GATOR GATE
PLAT BOOK 7. PAGE 2
Ff;ESIMPlE
'NTEReST
Title: PARCEL 107FEE ID~:05-~2008
Scale: 1 inch = 60 feet lffie: 107.~
Tnct 1: 0.492 Aa-co: 21~llSqFeet: ao...n.a s232924w 0.01 Feet: l'rcc:.Woo.=1/149337: Pa1moIor= 12S0Fcet
~-rA323e 76.86 l103...oo.50:Z7w 97.05
... I"~-"" .......-.11.-.."
*** OR: 4419 PG: 1139 ***
EXHIBIT /1
Page...ll of Il
PARCB..NO. (D2ft:-~3'
FEE SIMPlE
INTEREST
DAVIS BLVD. R.O.W. TAKING
SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A SURVEY
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WATERWAYS JOINT VENTURE VII
TIllE: DAVIS BLVD.
R.O.W. TAKING
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