Tract B1Memorandum
To:
From:
Date:
Subject:
MAUREEN KENYON, SUPERVISOR
MINUTES AND RECORDS
ROBERT TEXTER ~'["~
REAL PROPERTY SPECIALIST II
February 8, 2000
SUNTRUST BANK- UTILITY EASEMENT; Agenda Item No. 16(B)16
11/23/99
ATTACHED ARE THE FOLLOWING 2 ORIGINAL DOCUMENTS FOR YOUR SAFE-KEEPING.
THE 30' x 60' EASEMENT WAS ACQUIRED BY DONATION FOR UTILITY PURPOSES AT THE
INTERSECTION OF THE SOUTH R/W LINE OF VANDERBILT BEACH ROAD AND THE EAST
R/W LINE OF A 100FT CANAL ADJACENT TO AIRPORT-PULLING ROAD:
OFFICIAL RECORD BOOK & PAGE NUMBER:
2617/0682-0685 SUBORDINATION OF UTILITY INTERESTS/SPRINT-FLORIDA, INC.
2617/0686-0688 UTILITY EASEMENT/SUNTRUST BANK
cc: Edward N. Finn, Interim Public Works Administrator w/attachment, Paul Mattausch, Water
Director w/attachment, Property Appraiser w/attachment, File Copy
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: SunTrust Bank - Utility Easement
PARCEL: Tract B1
FOLIO: 00235440008
UTILITY RELEASE - SPRINT-FLORIDA, INC,
2563780 OR: 2617 PG: 0682
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
12/02/1999 at 03:38PM DWIGHT E. BROCK, CLERK
REC FEE
tEAL PRO?ER?¥
EXT 8991
INTER OFFICE
19.50
COPIES 4.0O
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this 2.~ day of _oc..~o'~-'i~..._ , 19_~_, by
and between COLLIER COUNTY, a political subdivision of the State of Florida, its successor§ and
assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter
referred to as "County"), and SPRINT-FLORIDA, INCORPORATED, successor by merger to UNITED
TELEPHONE COMPANY OF FLORIDA, whose mailing address is P.O. Box 2469, Naples, Florida
34106 (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 Utility presently has an interest in certain lands that have been determined
necessary for utility and maintenance purposes; and
WHEREAS, the proposed use of these lands for utility and maintenance purposes will require
subordination of the interest claimed in such lands by Utility to the County, and at the request of the
County, the Utility has agreed, subject to the following conditions, to relocate its facilities from the
Utility's easement lands onto public right-of-way, or has agreed to leave its facilities on the
subordinated lands (hereinafter jointly referred to as "Lands" and depicted in Exhibit A attached
hereto); 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, Utility and County 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 or assigns, for the purpose of constructing, improving,
maintaining and operating utility and maintenance purposes, over, through, upon and/or across such
Lands, including, but not limited to, the claim of interest based on the following:
Nature of
Encumbrance Date
Grant of 05/24/94
Easement
From or Recorded
Against In Favor Of Book-Page
Procacci Bros. United Telephone Official Records
Sales Corporation Company of Florida Book 1955
Page 0001
OR: 2617 PG: 0683
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 and indemnify the County from
and against any loss or damage 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.
'~.-~ ', ,:.:, ~.,,~ ~.~.; D~pdty Clerk
and~legal
Assistant County A~ornoy
BOARD OF COUNTY COMMISSIONERS
BCyO..Li IAE~d~ma n
Signed, sealed and delivered
esence as witnesses:
WlTNESSY(S[~nature) '- ~_~~/.
Name: ~'~'/~o& Y/l,/ ~..
(Print or Type)
WITNESS (Signature)
Name: ~4 ~"~ ~Z- ~ (Print or Type)
Sprint-Florida, Incorporated
successor by merger to United Telephone Company of
Florida
P.O. Box 2469
Naples, Florida 34106
Presid e~Jl/Vice/President
OR: 2617 PG: 0684
STATE OF Florida
COUNTY OF Orange
foregoing Subordination of Utility Interests was acknowledged before me
October ,1999 by Robert W. LonE]my (Name), v~ p~.~.~r
The this
of
Sprint-Florida Incorporated successor by merger to United Telephone Company of Florida,
personally known to me or who has produced as identification,
(affix notarial seal) ('~/~ ~ .~-l~ .~ .~J~-~)~_,
(Signature of Notary Public)
20th day
(Title), of
who is
Carol A. Stone
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: cc830106
My Commission Expires: April 25,
2003
OR: 2617 PG: 0685
EXHIBIT
LEGAL DESCRIPTION & SKETCH
(NO T A SURVEY)
THE NORTH THIRTY (30) FEET OF THE WEST SIXTY (60) FEET OF TRACT
NAPLES WALK, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE
OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 30,
PAGES 94 & 95.
AIRPORT RD,
100 FT, RNV
30 FEET
--a,. ~ 60 FEET
TRACT B, NAPLES WALK
CANAL R/W
100 FT,
SKETCH NOT TO SCALE
Collier County Real Property Management Department
04/27/99 12;54 PM
2563781 OR: 2617 PG: 0686
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
12/02/1999 at 03:38PM DWIGHT E. BROCK, CLERK
REC FEB 15,00
DOC-,?0 ,70
COPIES 3,00
Retn:
REAL PROPERTY
BX? 8991
INTER OFFICE
PROJECT: SunTrust Bank - Utility Easement
PARCEL: Tract B1
FOLIO: 00235440008
UTILITY EASEMENT
THIS EASEMENT, made and entered into this .3.,,,~' day of ~4_.'["o~0~-I," , 1999 by
SUNTRUST BANK, SOUTHWEST FLORIDA, a state banking corporation, whose post office
address is 12751 New Brittany Boulevard, Fort Myers, Florida 33907, as Grantor, to the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COELIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and
assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors or assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid
by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys,
grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive
easement], license, and privilege for utility purposes, on the following described lands located in
Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY ~
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said
land, excavate, and place or remove materials including, but not limited to, sewer lines and pipes,
and other equipment or improvements appurtenant thereto or thereunder for the purpose of
constructing, operating, and maintaining utility facilities thereon. All existing and future facilities are
to remain below-grade and no above-grade installations are planned for this easement as the
easement is only to accommodate existing underground utilities. Grantor and Grantee are used for
singular or plural, as the context requires. The easement granted herein shall constitute easements
running with the land and shall burden the lands described above.
THXS CONVEYANCE ACCEPCED BY ~
BOARD OF COUNTY COMHxSSXONERS,
COLL[C? COUNTY, FLORZDA,
PURSUANT TO AGENDA.
DATED: ~ ITEM NO. ~~
OR: 2617 PG: 0687
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
WITNESSES:
Witness_.(.Sig,nature) '
Name: r~u~./;.z. E'¢~/r.~'
(Print or Type)
W~tness (S~gnature)
Name: ~,v,~,z-~',~ ~. ~,~,~,~v~'
(Print or Type)
SUNTRU§T BANK, S/OUT. H~ST
. st. ,.~/~.~,~ti~_/
/ !
FLORIDA,
12751 New Brittany Boulevard
Fort Myers, FL 33907
STATE OF 7--~u~/~-J ~
COUNTY OF /~.,~--~
T~Utility Easement_~a,s /a/q~nqwledged before me_ this , 1999 by,~_.~,~,/v /-7/./~/5~ (Name), /~
(Tittle),-of'SUNTRUST BANK, SOUTHWEST FLORibA~ state ban~ing corpor~~who
~ersonally known~to me or who has produced~.._. ~ as ide~ation.
(affix notarial seal) ~ ~~
. ~ure~ Nota~ P~~ '
~.~ ~~a,~ (P~int Name of N~ta~ ~ublic)
NOTARY PUBLIC
Serial/Commission ~ ~ ~ ~ O ~ ~ ~
My Commission Expires: ~ .~-
of
is
Prepared b~-~
Robert N. Zachary, Eszlulr®
Office of the County Attorney
3301 East Tamlami Trail
Naples, Florida 34112
(941) 774-8400
*** OR: 2617 PG: 0688
EXHIBIT
/~ _
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE NORTH THIRTY (30) FEET OF THE WEST SIXTY (60) FEET OF TRACT B,
NAPLES WALK, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE
OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 30,
PAGES 94 & 95.
30 FEET
............ ~. _ -, ....... S_O .UTH .R~N. _L[N.E.~ .V.AND. E.R_BI.I..T_B .F~. C_H.R.O_A.D ..................
~ 60 FEET
TRACT B, NAPLES WALK
AIRPORT RD.
, 100 FT. R/W
CANAL PJW
100 FT.
SKETCH NOT TO SCALE
AT
Collier County Real Property Management Department
04~27~99 12:54 PM