Parcel 369FEE Subordination Agmt.
PROJECT:
PARCEL:
FOLIO:
Golden Gate Blvd. (Proj. No. 60040)
369FEE
40629000001
INSTR 4487104 OR 4616 PG 92
RECORDED 10/20/2010 1035 AM PAGES 5
DWIGHT E BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $44 00
SUBORDINATION OF EASEMENT INTEREST
AND AGREEMENT FOR FACILITY RELOCATION
THIS .9UBORDINATION OF EASEMENT INTEREST is given this /11X....
day of (j)~ , 2010 by CITY OF NAPLES, a Municipal Corporation of
the State of Florida, its successors and/or assigns, whose mailing address is 735 8th
Street South, Naples, Florida 34192 (hereinafter referred to as "City"), in favor of
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and/or
assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred to as "County").
WIT N E SSE T H:
WHEREAS, City is the owner and holder of that certain Deed of Easement by and
between Robert A. Bojanowski and Barbara Bojanowski, husband and wife, and City,
recorded on December 23,1987 in Official Records Book 1317, Page 318, of the Public
Records of Collier County, Florida (hereinafter referred to as "Encumbrance"),
encumbering the premises legally described therein (hereinafter referred to as the
"Encumbered Property"); and
WHEREAS, County has requested and received from the fee simple owner of the
Encumbered Property a Road Right-of-Way, Drainage and Utility Easement over,
under, on and across that portion of the Encumbered Property legally described in
Exhibit "A", attached hereto and incorporated herein by virtue of this reference
(hereinafter referred to as the "Easement"); and
WHEREAS, County has requested that City consent to and subordinate its
Encumbrance to the interest that Collier County has in the Encumbered Property, to
which request City has agreed; and
WHEREAS, County, in recognition of City's pre-existing interest in the Easement,
is willing to pay for any future relocation of City's water line and any facilities associated
therewith, and any future facilities from or within the entire area of the Easement,
including, but not limited to, the cost of acquiring replacement easements on behalf of
City should County, in its sole discretion, deem such relocation to be necessary as a
result of present or future uses of the Easement by County or its successors and/or
assigns; and
WHEREAS, City shall have the right to enter upon the lands described in Exhibit
"A" for the purposes of constructing, operating, repairing, expanding, improving and/or
otherwise maintaining its water line and any associated facilities; and any future
facilities; and
WHEREAS, City agrees to repair any damage to County's facilities resulting from
City's sole negligence while exercising its rights to construct, operate, repair, expand,
improve and/or otherwise maintain its facilities with the Easement.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, it is agreed between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced are made a part of this Agreement;
2. City does hereby subordinate to County its Encumbrance within the Easement.
Except as subordinated within County's Easement, said Encumbrance shall
remain in full force and effect;
3. County shall pay for the relocation of City's water line, any facilities associated
therewith and any future facilities from the Easement should County, in its sole
discretion, deem such relocation to be necessary. The costs of said relocation
shall include, but not be limited to, the costs of acquiring replacement easements
on behalf of the City;
4. As long as City's facilities are located within the Easement, City shall have the
right to enter upon the Encumbered Property for the purposes of constructing,
operating, repairing, expanding, improving and/or otherwise maintaining its water
line and associated facilities, and any future facilities.
5. As long as City's facilities are located within the Easement, City shall pay for any
and all damage to County's facilities caused by City's negligence while
exercising its rights to construct, operate, repair, expand, improve and/or
otherwise maintain its facilities within the Easement.
6. As long as City's facilities are located within the Easement, County shall pay for
any damage to City's water line, any associated facilities and any future facilities,
which results from the construction, operation, repair, expansion, improvement,
and/or other maintenance of County's facilities.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COLLIER COUNTY:
DATER:'-' 'I~.'f"lr~ If)
. . ,;~ . . . v, ',.-;0 ,
ATtEST: ":::. "~.
DWJ " J E. B,~C~ Clerk
'::"1" ' '..
BOARD OF COUNTY COMMISSIONERS
COLLlER'C.qUNTY., FLORIDA 1\
/1.. IJJ. Lv r _~~ ~
BY: ~,~
FRED W. COYLE, Chairman'
-k
, )~',J:.((~~1'r:lt'y Clerk
,,(, .'.'
. h;notur'e Q'O,'
AS TO CITY OF NAPLES:
DATED: /0//1//0
1 I
.~4t( (~ ~/~
Tara A. Norma ,City Clerk
unicipal Corporation
ATTEST:
o
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Subordination of Easement Interest and Agreement for Facility
Relocation was acknowledged before me this 81h day of Dc tol$~R. , 2010,
by 1!J I'LL 13a.A.nt.ff (Name), as Mayor of the CITY OF NAPLES, a
Municipal corporatiozn of the State of Florida, who is personallv known to me or who
has produced /U .-If as identification.
(affix notarial seal)
.~:/~~--. 7(. ((~
( gnature of Notary Public)
-.:JtssiCD ,(, ~O'.(nikR.h
(Print Name of Notary Public)
,i>'Jf,~:~. JESSICA A. ROSENBERG
"i~.<\ MY COMMISSION' DO 849720
~3! .: j EXPIRES: January 7. 2013
"'1.f.i/Y., Bonded Thru Notary Public UncktrwrlIers
Serial/ Commission # (if any): DO 8 'f~1~o
My Commission Expires:
I /1113
I I
Approved as to form and
Legal sufficiency:
,/), ~.
I\/L-cf"b ' L~
Robert D. Pritt, .
City Attorney
Approved as to form and
'~ ./1--------,
Assistant County Attorney
~ COASTAL
ENGINEERING
, - ~ CONSULTANTS
.... INC
EXHIBIT 4
Page { of 2-
CECI Group Servicos
Civil Engineering
Planning Services
Survey & Mopping
Coastal Engineering
Reol Estate Services
A CECI GROUP COMPANY
Website: www.coastalengineering.com
PROPOSED RIGHT OF WAY TAKING
LEGAL DESCRIPTION
A PARCEL OF LAND, LYING IN TRACT 128 OF GOLDEN GATE ESTATES
UNIT NO. 76 AS RECORDED IN PLAT BOOK 5, PAGES 13 AND 14 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 128 RUN
S89040'50"E ALONG THE SOUTH LINE OF SAID TRACT 128 FOR A
DISTANCE OF 350.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT
128 AND AN INTERSECTION WITH THE CENTERLINE OF EVERGLADES
BOULEVARD;
THENCE ALONG THE EAST LINE OF SAID TRACT 128 AND SAID
CENTERLINE NOoo19'10"E A DISTANCE OF 580.47 FEET;
THENCE LEAVING SAID LINE N89040'50"W A DISTANCE OF 65.00 FEET;
THENCE SOoo19'10"W FOR A DISTANCE OF 425.44 FEET;
THENCE S45020'04"W FOR A DISTANCE OF 113.21 FEET;
THENCE N89040'50"W A DISTANCE OF 204.93 FEET TO THE WEST LINE OF
SAID TRACT 128;
THENCE ALONG SAID LINE SOoo19'10"W A DISTANCE OF 75.00 FEET TO
THE POINT OF BEGINNING.
THE ABOVE DESCRIBE AN AREA OF APPROXIMATELY 62,309 SQUARE
FEET OR 1.43 ACRES OF LAND.
COASTAL ENGINEERING CONSULTANTS,INC.
FLO)?SINE THORIZATJON NO. LB 2464
RICHARD.J: Ewi , V.P.
PROFESSIONAL.: SURVEYOR AND MAPPER
. FLORIDA CERTIFICATE NO. 5295
. NOT VAliD WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
. LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 06.474
DATE OF SIGNATURE: S - /"'} . / =
3106 S. Horseshoe Drive, Naples, Florida 34104-6137 . Phone (239) 643-2324 Fox (239) 643-1143 . E-Mail: info@.cecifl.com
SERVING FLORIDA SINCE 1977
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FILE NO.: 06.47-4