Comcast Subordination of UtiilitiesPROJECT: US 41 /Collier Blvd. Intersection
Project No. 60116
INSTR 4783154 OR 4872 PG 1957
RECORDED 1/3/2013 2:29 PM PAGES 6
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $52.50
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this /M-day of 2012,
by and between COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of
the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County "), and
COMCAST OF THE SOUTH, INC., a Colorado corporation, successor in interest to PALMER
COMMUNICATIONS, INCORPORATED and COLONY CABLEVISION OF FLORIDA, whose
mailing address is 301 Tower Road, Naples, Florida 34113 -8074 (hereinafter referred to as
"Utility ").
WITNESSETH:
WHEREAS, the Utility has an interest in those certain tracts or parcels 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 collectively referred to as the "Property "); and
WHEREAS, the County has determined that this Property is suitable and appropriate for
highway purposes; and
WHEREAS, the County's proposed use of the Property for highway 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, Utility 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 constructing,
improving, maintaining and operating a road over, under, through, upon, and /or across said
Property, including, but not limited to the claim of interest based upon the following:
NATURE OF
DATE
FROM OR AGAINST
IN FAVOR OF
ENCUMBRANCE
BOOK PAGE
Plat Book
04/12/1990
Triangle Properties
Palmer
Plat Book 16,
Dedication
Southwest, Inc. et al.
Communications,
Pages 87 -99
Incorporated
Plat Book
10/05/1993
Triangle Properties
Colony Cablevision
Plat Book 22,
Dedication
Southwest, Inc.
of Florida
Pages 9 -10
Plat Book
01/31/1994 Triangle Properties
Utilities
Plat Book 22,
Dedication
Southwest, Inc.
Pages 56 -58 i
Easement j 01/20/1986 MAXXAM
Declarant and its
O.R. Book 1174,
Properties, Inc.
designees
Pages 1946 -1971
COMCAST SUBORDINATION OF UTILITIES
F Easement
05/11/1988
Eagle Creek
Properties, Inc
Utilities
I O.R. Book 1348,
I Pages 1330 -1408
Easement
02/02/2012
��
Eagle Creek
Community Ass., Inc.
Comcast of theeJJJ
_ South, Inc.
O.R. Book 4761,
Pages 592 -596 I
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 shall give
the Utility 90 (ninety) days' written notice to do so and 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.
1
ATTEST:
DWIGHT E. BROCK,
Attest n -ft-AMOV" f'
Signed, sealed and delivered
in our presence as witnesses:
BOAR OF C WFA SIONERS
COLLI R
BY:
Georgia A. Hiller, Esq.
Chairwoman
COMCAST OF THE SOUTH, INC., successor in
interest to PALMER COMMUNICATIONS,
INCORPORATED and COLONY CABLEVISION OF
FLORIDA, a Colorado corporation
U By: r
WITNESS (Si ature) (Sig ature)r
Name: (l Ird� Gtr�p(i
(Print or Type (Print Name)
&Pa
ITNESS Signature) (Title)
Name: nq -t-rd, bi-cz k)ez4x:�Lj
(Print or Type)
COMCAST SUBORDINATION OF UTILITIES
Last Revised 4/4/2011
STATE OFJ 'da —,
COUNTY OF
Th foregoing Subordination of tility I terests w this �/�day
of 20 2, by (Name),
as ' �^ (TA OF HE SOUTH, INC.,
successor in interest to PALMER COMMUNICATIONS, INCORPORATED and COLONY
CABLEVISION OF FLORIDA, a Colorado corporation, who is personally known to me or who
has produced as identification.
(affix notarial seal)
�ti+A BARBARA A. STOCKNER
MY COMMISSION # DDIOOOI14
EXPIRES June 21, 2014
(407)398-0153 F .cam
Approved as to form
and legal sufficiency:
E,
-TE f ' E • v�lz 1f�'�
Assi tart County Attorney
COMCAST SUBORDINATION OF UTILITIES
Last Revised 4/4/2011
(Si nature of Notary Public)
Print Name of Notary Public)
NOTARY PUBLIC
Serial /Commission # (if any)'-bb 10,00 IN
My Commission Expires: Un 2 a6/ y
�,s11uuy�,�r
� Ir
SECTION 34, TWSP, 50S ROE. 261
SECTION 3, TWSP, 51S RGE. 29E
FREEDOM SQUARE
PS 22, PG 56
ESPROP LLC
OR 4787, PG 658
FOLIO N0, 34520002004
L- 49.48'
R- 3026.00'
A- 0'58' 13"
CB- N4758'43 "E
C- 49.48'
)`%"I
EXHI IT "A"
6 P e1of3
8� �O
N0714'33'E' - S54'21'14'E
i =71.07 11
R =3347.00'
C =71.07'
ND723'10' W
18.28'
L-124.56'
R =3334.00'
A =708'32"
CB =N41' 46' 16 'E
C- 124.65'
FREEDOM SQUARE
PH 22, PG 56
i
COMMERCIAL PROPERTIES SW, INC.�-
OR 3695. PG 411 EXISTING RW
FOLIO NO. 34520001908 / FEE
LEGAL DESCRIPTION - PARCEL 123FEE
h?
h g
123FEE
41,788 SF
"-= V.29
R- 25.00'
A =9902'53'
CB- SO9'20' 18'E
C =35.36'
P06 /
S.E. CORNER
OF TRIANGLE
BLVD, AT C.R.
951 PER PS /
16 PG 87
LEGEND
RW RIGHT -OF -WAY
OR OFFICIAL RECORDS BOOK
PB = PLAT BOOK
PG - PACE
C,R. COUNTY ROAD
POS - POINT OF BEGINNING
NO. - NUMBER
LENGTH
R - RADIUS
D - DELTA
Co - CHORD BEARING
C - CHORD
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND SECTION 34, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRIANGLE BOULEVARD, AS SHOWN ON THE PLAT OF LPLY RESORT, PHASE ONE, RECORDED IN
PLAT BOOK 16, PAGES 67 THROUGH 99 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA;
THENCE S35'41'39'W FOR 519,87 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3F, FREEDOM SQUARE, AS RECORDED IN PLAT BOOK
22, PAIGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA;
THENCE N54'20'51'W FOR 110.32 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK
4787, PACE 658 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA TO THE BEGINNING OF A NON - TANGENTIAL CURVE;
THENCE 49.48 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3026.00 FEET, THROUGH A CENTRAL ANGLE OF OD'58'13 ",
AND WHOSE LONG CHORD BEARS N42'58'43E FOR A DISTANCE OF 49.48 FEET;
THENCE N43'26'58"E FOR 280.00 FEET TO THE BEGINNING OF A NON- TANGENTIAL CURVE:
THENCE 124,66 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3334.00 FEET, THROUGH A CENTRAL ANGLE OF 0708'32`,
AND WHOSE LONG CHORD BEARS N41'46'16 "E FOR A DISTANCE OF 124.65 FEET;
THENCE NOZ23'10'W FOR 18.28 FEET TO THE BEGINNING OF A NON- TANGENTIAL CURVE:
THENCE 71.07 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3347.00 FEET, THROUGH A CENTRAL ANGLE OF 01'13'00 ",
AND WHOSE LONG CHORD BEARS N4,Y4D'16 "E FOR A DISTANCE OF 71.07 FEET;
THENCE N0714'33 "E FOR 11.58 FEET, TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF TRIANGLE BOULEVARD, AS SHOWN ON
THE PLAT OF UELY RESORT, PHASE ONE, RECORDED IN PLAT BOOK 16, PAGE 87 THROUGH 99 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
THENCE ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID TRIANGLE 1OULEVARD THE FOLLOWING TWO (2) DESCRIBED COURSES:
1) THENCE S54'21'14 "E FOR 35.84 FEET, TO THE BEGINNING OF A TANGENTIAL CURVE;
2) THENCE 39.29 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90'02'53',
AND WHOSE LONG CHORD BEARS S09'20'18 'E FOR A DISTANCE OF 35.36 FEET, TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN,
C04AINING 4 , 8 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW
- $114i1t. AUG 16 2012
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE 'SIGNED
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
SLEGAL RDESCRIPTION
SKETCH AND
Cho
PARCEL 123FEE: RIGHT -OF -NAY
ena NNow Py40 MS. SUA.200
PREPARED FOR: COWER COUNTY GOVSRNILENT/BOARD OF COUNTY COMMONERS
Ph";(23$1587-0575 AX*tZ O) sv7.0578
IB No.: 6M
JOB NUMBER REVISION SECTION TOWNSHIP RANCE SCALE I DATE
DRAWN BY FILE NAME SHEET
090081.00.00
I 1
I 3a
I ?
26E
1• m 100'
3 13 12
RA,K.
I SKD- 123FEE
1 of 1
I
r�tr•.`
r 40 :r
�a /b ear P\
CELESTE DRIVE REPLAT
PB 22, PG 9
TRACT 1R
BEAUMARIS, LLC
OR 4274, PG 2014
FOLIO NO. 25910000502
124FEE
10,220 SF
L =281.73'
R- 2953.00'
CB- N38'28'37 "E
C =281.62'
1 vv
.05'
EXHIBIT "A"
Page 2 of 3
N86'57'01 "E
22.39'
N50' 14'1 6*E
—EXISTING RW
Al
e1 C a
y �
POEI TECM - Row
BLVD. AT OF TRIANGLE
AT C R.951 PER PB JUN 15 2012
L- 39.25' 1 fi PG 87
\1�R- 25.00' LEGEND
A =89'57'21" RW - RIGHT -OF -WAY
CB- S80'40'19'W OR - OFFICIAL RECORDS BOOK
C= 35.34' PB - PLAT BOOK
PG - PAGE
UE - UTILITY EASEMENT
LBE - LANDSCAPE BUFFER EASEMENT
C.R. - COUNTY ROAD
POO - POINT OF BEGINNING
N0. — NUMBER
L — LENGTH
R - RADIUS
A - DELTA
CB CHORD BEARING
C - CHORD
LEGAL DESCRIPTION — PARCEL 124FEE FE SIMPt E
INTEREST
A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF TRIANGLE BOULEVARD LYING ADJACENT TO C.R. 951, AS SHOWN ON THE
PLAT OF LELY RESORT, PHASE ONE, RECORDED IN PLAT BOOK 16, PAGES 87 THROUGH 99 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA:
THENCE ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF SAID TRIANGLE BOULEVARD, THE FOLLOWING TWO (2)
DESCRIBED COURSES:
1) THENCE 39.25 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 25,00 FEET, THROUGH A CENTRAL ANGLE
OF 89'57'21 ", AND WHOSE LONG CHORD BEARS S80'40'19"W FOR A DISTANCE OF 35.34 FEET;
2) THENCE N54'21'01"W FOR 17.05 FEET TO THE BEGINNING OF A NON - TANGENTIAL CURVE;
THENCE LEAVING SAID TRIANGLE BOULEVARD, 281.73 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 2953,00
FEET, THROUGH A CENTRAL ANGLE OF 05'27'58 ", AND WHOSE LONG CHORD BEARS N38'28'37 "E FOR A DISTANCE OF
281.62 FEET;
THENCE N50'14'16 "E FOR 43.39 FEET;
THENCE N8657'01 "E FOR 22.39 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF TRACT 1 R, CELESTE DRIVE REPLAT,
AS RECORDED IN PLAT BOOK 22, PAGE 9 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO KNOWN AS
THE WESTERLY RIGHT -OF -WAY LINE OF COUNTY ROAD 951;
THENCE S35'41'39W FOR 312.29 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 1R, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 10,220 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSJ 5301 DAT SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
I— a mrs sass w c \anov \sv0u+r.aarn usar t aenr +.r«...er.n n.s.- ...«,r. +ro cwsr ane\rar cr....Vn r " osks _120Ur
PROJECT: U.S.41 /C.R.951/S.R.951P7��
RMIT=A7.4'.
SKETCH AND LEGAL DESCRIPTION
PARCEL 124FEE: RIGHT -OF -RAY
66100 Wlbw PrK DO., SWra 200
PREPARED FOR: COLLIER COUNTY GOVERNMENT /BOARD OF COUNTY COMMISSIONERS
Ph...:1239j 597•0575„FAX: (2339) 597-0576
LB No.: 9952
JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 2 34 50S 26E J. - 80' 6/8/12 R -AK_ SKD 124FEE 1 OF I
�; ►.Ili.,,
wrr
TRACT 'R" (EAGLE CREEK DRIVE)
EAGLE CREEK COMMUNITY
ASSOCIATION, INC.
OR 3978, PG 6
FOLIO NO. 30185040007
17
NO2'28'1
126FEE__,-
343 SF
N58'35'08' W
17.14'
EAGLE CREEK COUNTRY CLUB
PEI 14, PG 1
PART OF
TRACT B'
STONEGATE OF EAGLE CREEK
CONDOMINIUM NO. ONE
DECLARATION RECORDED 0 OR 1348, PG, 1330
MULTIPLE FOLIO NO'S.
FEE SIMPLE
1WEREST
LEGAL DESCRIPTION - PARCEL 126FEE
EXHIBIT "A"
Page 3 of 3
i
I
t
I
POB
502'28'1B`W
22,85' 0
w
EXISTING RW
1
j+I
I
LEGEND
RW - RIGHT —OF —WAY
OR - OFFICIAL RECORDS BOOK
PB PLAT BOOK
PG PAGE
POD — PONT OF BEGINNING
PCC - POINT OF COMMENCEMENT
NO. — NUMBER
S.R. — STATE ROAD
AKA - ALSO KNOWN AS
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF TRACT "R ", AS DESCRIBED IN OFFICIAL RECORDS BOOK 3978, PAGE 6
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH STONEGATE OF EAGLE
CREEK CONDOMINIUM NO. ONE, PER OFFICIAL RECORDS BOOK 134B, PAGE 1330 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT —OF —WAY LINE OF STATE ROAD 951;
THENCE S02'28'18'W FOR 22.85 FEET ALONG THE WESTERLY RIGHT —OF —WAY LINE OF STATE ROAD 951;
THENCE LEAVING SAID WESTERLY RIGHT —OF —WAY LINE, N58'35'08'W FOR 17.14 FEET;
THENCE NO2'28'18'E FOR 22.85 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF TRACT "R ", AS DESCRIBED IN
OFFICIAL RECORDS BOOK 3978, PAGE 6 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE ALONG THE SOUTHERLY BOUNDARY OF TRACT 'R', S58'35'08'E FOR 17.14 FEET. TO THE POINT OF BEGINNIG
OF THE PARCEL DESCRIBED HEREIN,
CONTAINING 343 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
AUG 15 2012
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSI 5301 (DATE'SIGNED
NOT VALID WfTHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL. OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
PROJECT: U.S.41 /C.R.951 /S.R.951
SKETCH AND LEGAL DESCRIPTIONi7Sfx► Isg
PARCEL 126FEE: RIGHT —OF —WAY seioWm"rraonv..auesm
PREPARED FOR C0IJ11TR COUNTY GOVH AKW/BDARD OF COUNTY COMMISSIONERS Ph— (a3oj997-W76 F FAX MN)5a:asn
SECRETARY'S CERTIFICATE
I, Arthur R. Block, Secretary of Comcast of ArkansasfFlorida/Louisiaoa/
Minnesota /Mississippi/Tennessee, Inc. a Delaware corporation (the "Company"), do hereby
ceatify as fellows:
Barbara A., Hagen is a duly elected and appointed offices of'the Company, holding the
title of'Market Vice President; and
Barbara A. Hagen is authorized to execute, on behalf of the Company, franchise
documents and any other documents relating to franchise matters within the Company's
franchise area
IN WITNESS WHEREOF, the undersigned has executed this Certificate as of this 5a' day
of 'May, 2008.
W SAN
Arthur R. Block, Secretary
Z "d 66L0- L16 -Ti.6 jTedaa NaomIaN -4seowo0 wao:60 so 90 Rew