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FPL Utility Subordination I ...J).. :J 4162715 OR: 4357 PG: 3213 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/07/2008 at 11:13AM DWIGHT E, EROCK, CLERK REC m coms 11.00 5.00 Retn: CLERK TO THE EOARD INTEROFFICE ITH FLOOR EXT me 168 8 PROJECT: Goodlette-Frank Road No. 60005 This instrument prepared by: Florida Power & Light Company P.O. Box 1119 Sarasota, FL 34230-1 I 19 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS TillS AGREEMENT, entered into this 5" t-Lc day of "-<.4 Y _, 2008, 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". WITNE SETH: WHEREAS, the Utility presently has an interest in certain lands which are being used for highway purposes; and WHEREAS, the use ofthcse lands for highway purposes requires subordination of the interest claimed in such lands by Utility to the County; and WHEREAS, the Utility's facilities have been relocated 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 rccognition of the Utility's intcrest 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, except for the initial relocation of Poles No. 87M8 and 87M9, to bc completed by the end of 2008, which will be paid for by Utility. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and tlle County agrec as follows: UTILITY subordinates any and all of its interest in its easement lands 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 DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK, PAGE Easement 10/24/1963 Harold C. Johns and Florida Power & Light O.R. Book 153, Harold K. Turner Company Page 61 The County and the Utility further agree that: I. "Public right-of-way", as used herein, shall mean lands for public right-ot:way, as described in EXHIBIT "A", attached hereto and made a part hereof. 2. Thc Utility's facilities have been relocated within the public right-of-way shown in Exhibit "A". The Utility shall have the right to construct, opcratc, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon said public right-of-way in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or rclocation ofJacilities within the public right.ot:way will be subject to prior approval by the County. 3. 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: 4357 ~~/~14 8 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; provided, however, that the initial relocation or adjustment of Poles No. 87M8 and 87M9 caused by prescnt or future uses of the right-ol~way by thc County or its assigns will be paid for by the Utility. 4. The Utility shall have the right to enter upon the public right-of-way described in Exhibit "A" for the purposcs outIincd 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 insure 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 cxercising 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST-' r -, .'1 DWlG'HT E. BROCR, Clerk <7 BOARD OF COUNTY COMMISSIONERS :umRu~ . TOM HE G, C AIRMANr ., Signed, sealed and delivered in the presence of: FLORIDA POWER & LIGHT COMPANY s; ~4-~~ Print Name: Steve L. Byers By: Title: West Area Real Estate ~ By: ~CO~ Kelly J. Lopez Print Name: Mark L. Byers Print Name: (Corp. Seal) STATE OF FLORIDA, COUNTY OF SARASOTA I hereby celtify that on tllis day, before me, an officer duly authorized to take acknowledgements, personally appeared Mark L. Byers, 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 West Area Real Estate Manager of the Florida Power & Light Company and acknowledged before me that he executed the same as such official in the name and on behal f of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this25~y of ~, 2008. (affix notarial seal) N01l\RY PUBUC.STATE OF FLORIDA W Kelly J. Lopez Commission # DD546987 Expires: MAY 01, 2010 Bonded Thru Atlantic Bonding Co., In~. K~ L-L Y J LOPEZ (Print Name of Notary Public) Serial/Commission # (if any): t>c:EfIf.:,1'fJ My Commission Expires: 51, 110 Approved as to fonn and legal sufficiency: tJf~ A CJcJ Assistant County Attorney 2 FPL Subordination Agreement I> ~" a .s~ :.~,,~ .~..~ .:.y:'" o.,:'~ ~'bO'5 !lll~' I!'E-< t'l el.iP \il., . 2 o Jl:'~ a ~"a ~i; VOR: 4357 PG: 3215 v 16B 8 EXHIBIT A ~ ofs ,. , / Description No. 2 -.!f~ WILSON, MILLER, BARTON, SOLL & I'EEI(. INC. PROfESSIONAL ENGINEEllS. PLANNERS AND l.AND SURVEYORS Description of part of Section 15, Township 49 South, Range 25 East, Collier County, Florida, and being a part of Lots 48, 49 ana 50 of Naples Improvement Co's Little Farms (P.B. 2, pg. 2), Collier County, Florida. (Proposed Additional Rioht-of-Way) " East, I' 01 0" CJ. ;;0 CD o CJ. . '" CJ1 o o -0 po, = c;-, = fT1 "" East, ana Co's Little WILSON, MILLER, BARTON, SOLL & PEEK, INC. Reg. Engineers and Land Surveyors fr~.f.~ /o-/t/-M- P.L.S. t>Phn ~. Boutwell, P.L.S.~3934 Not V~lid Unless Embossed with the Professional's Seal. i-~.O. 20821 Re f: 4G-472 Date: October 13, 1982 I, , J.-.;,.....:.,.;.7".~.-:r...... . . ''\ I . ..~~---.-J~-__...._..._....____._____... ~ .__ ....._.,.,.,._..., ~.~......__ __.__..._.____"'_ .~.,.:-:~ L VOR: 4357 PG: 3216 V' EXHIBIT A Page 2 of s ( { O.PI ors... .' ',. . OR'BOOK 000597 PAGE '.. EXHIDIT l\ t WILSON, MILLER. BARTON. SOLL & PEEl(, INC. PROFESSIONAL ENGINEERS, PlANNERS Af,m LAND SURVEYORS Description of part of Section 15. Township 49 South, Range 25 East, Collier County, Florida. (Proposed Additional Right-af-way) The ,,;rest 30.00 fee.t of "the hereinafter aescribed Parcel "e": A21 that part of Section 15, Township 49 South, Range- 25 gast, Collier County, Florida, and being a part of Lots 37 through 48 of Naples Improvement eols Little 'Farms, accord1ng to the plat thereof as recorded in Plat Book 2, page 2, Col~ier County Public Records, Collier County, Plorida and being more particul~ly described as follows: Commencing at the northwest corner of the northeast 1/4 of Section 15, Township 49 South, Range 25 East, Collier County, Florida; thence along the north line of said Section 15, North 890-551-30" East 45.00 feet; thence along that line which lies 45.00 feet easterly of and parallel with the north and south 1/4 sectio~ line of said Section 15, South 00-00'-29" East 50.00 feet to the south line of a road right-of-way as recorded in O.R. Dook 156, pages 66 ana 67, Collier County Public Records, Col1ie~ County, Florida; thence along the east line of a road right-of-way as recorded in O.R. Book 41, pages 592 and 593 and c.n. Rook ~1, pages 531 and 532, Collier County Public Records, Collier County, Florida, South 00-00"_29u East 810.00 feet to the POINT OF BEGlNNING of said Parcel "ell herein described; thence easterly and northeasterly 723.15 feet along the arc of a non-tangential circular curve concave to the northwest, having a rudius of 1100.00 feet and being sub tended by a chord which bears North 710-091-31" East 710.20 feet to a point of reverse cu~vature; thence northeasterly 287.16- feet along the arc of a circular curve concave to the southeast, having a radius of 546.28 feet and being subtended by a chord which bears North 670-23'-06" East 283.86 feet to the lands described in O.R. Book 229, pages 789 through 798 inClusive and O.R. Book 645, pages 241 through 246 inclusive, Collier County Public Records, Collier County, Florida; thence along said lands in the following courses:" thence South 40-371-26" West 198.19 feet; thence South 40-22'_19" Ef;:lt 467.18 feet; thence South 80_26'_00" East 418.40 feet; thence South 330-311_22" East 570.24 feet; thence South 44D-56'-05" West 82.02 feet; thence South 600-261_33" West 100.60 feet; thence South 7.1D-15'-21" .~!cst. 269.J4 feet; thence South 540-311-14" West 74.33 feet; ,thence South 00-00'-40" East 336.35 feet; thence South OD-39'-20" ,East 1211.22 feet; thence South 5~-13'-24n East 461.74 feet; thence Soc.th 160-25'-03" East 198.14 feet; thence leaving said lands South 89C>-431-OO" West 980.54 feet to the east line of a road right-of- way as recorded in D.R. Dook ~67, pages 522 and 523, Collier county Pub~ic Rocords, Col1iGr County, Florjda, PlIge Three of Four Pages 1~--"- L 16tJ 8 ~ ""J, ~*** OR: 4357 PG: EXHIBIT A Page:] of 3 (' ( 001075 OR BOOK 000598 PAGE . . Wll.SON. Mll.l.ER. BARTON. SOll & PEEI<, INC. flROFt:5SION,\L ENG1N[I:RS, PLANNERS NiD LMID 5U:{Vl:YO~~ Description of part of Section 15, Township 49 South. Range 25 Ellst, Collier County, Floridu~ (Proposed Additional Right-of-\'la~.I') Pa e 2 continued thence along sa~ east r~ght-o way 11ne and the east 1ine of a road right-af-way as'recorded in O.R. Book 41, pages 531 and 532, Collier County Pub~ic Records, Collier County, Florida, , North 00-00'-29" West, 3653.72 feet to the Point of Beginning of said Parcel lOCI> herein clescribed; subject to easements and restrictions of record. Bearings are assumed. Distances determined by electronic measuring equipment~ lULSON, MILLER, BARTON, SOLL & PEEK, INC. Reg. Engineers and Land Surveyors /tl-&-f?-- Boutwell, P.L.S. No. 3934 , " ot va~id unless emb~ssed with the Professionalls Seal. '. ., '.~' ~\l.q. .....;6.590 October 5, 1982 Re.f: 4G-472 1IOo~~"-- l6<'ll~~cOV..~;;r "1.'lI)"l"\ri.\~OltW'" It"IPAOI<.u.:~\n.1t Page Four of Four Pages ~.~, ----4f;::.''t...i.,.>'Ii'~)~~, . L 3217 *** ./ 168 8 . . I. " . .- .. " ,.