FPL/Subordination of Utility Interests & Agreement INSTR 5087961 OR 5123 PG 1485
RECORDED 2/25/2015 10:09 AM PAGES 7
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
PROJECT: COLLIER COUNTY FLORIDA
REC$61.00
This instrument prepared by:
Richard G.Cherry,Esquire
Cherry,Edgar&Smith,P.A.
8409 No. Military Trail,Suite 123
Palm Beach Gardens,FL 33410
SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT, entered into this I day of Fcbruco- ,2015, by and between COLLIER
COUNTY,a political subdivision of the State of Florida,hereinafter called the" unty",and FLORIDA POWER&LIGHT
COMPANY, a Florida corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter
called"Utility".
WITNESETH:
WHEREAS,the Utility presently has an interest in certain lands that have been determined necessary for highway
purposes;and
WHEREAS,the proposed use of these lands for highway purposes will require subordination of the interest claimed
in such lands by Utility to the County;and
WHEREAS,the County is willing to pay for the initial relocation(if any)of the Utility's facilities 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 recognition of the Utility's interest 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,
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the
County agree as follows:
UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto
and made a part hereof, 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 ENCUMBRANCE DATE RECORDED BOOK,PAGE
Construction,operation and maintenance of April 7,2000 Official Record Book 2661,Page
overhead and underground electric utility facilities 2754,Public Records of Collier
(including wires,poles,guys,cables,conduits and County,Florida
appurtenant equipment)to be installed from time to
time;with the right to reconstruct,improve,add to,
enlarge,change the voltage,as well as,the size of
and remove such facilities or any of them within an
easement 10 feet in width
Construction,operation and maintenance of April 6,2000 Official Record Book 2661,Page
overhead and underground electric utility facilities 2762,Public Records of Collier
(including wires,poles,guys,cables,conduits and County,Florida
appurtenant equipment)to be installed from time to
time;with the right to reconstruct, improve,add to,
enlarge,change the voltage,as well as,the size of
and remove such facilities or any of them within an
easement 10 feet in width
Construction,operation and maintenance of November Official Record Book 668,Page
overhead and underground electric utility facilities 12, 1976 378,Public Records of Collier
(including wires,poles,guys,cables,conduits and County,Florida
appurtenant equipment)to be installed from time to
time;with the right to reconstruct,improve,add to,
enlarge,change the voltage,as well as,the size of
and remove such facilities or any of them
Construction,operation and maintenance of April 4,2000 Official Record Book 2660,Page
overhead and underground electric utility facilities 1034,Public Records of Collier
(including wires,poles,guys,cables,conduits and County,Florida
appurtenant equipment)to be installed from time to
time;with the right to reconstruct, improve,add to,
enlarge,change the voltage,as well as,the size of
and remove such facilities or any of them within an
easement 10 feet in width
The County and the Utility further agree that:
1. "Public right-of-way",as used herein,shall mean that area which is described in Exhibit "A" and which includes the
Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A",
attached hereto and made a part hereof.
2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate
facilities on, within, and upon the public right-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,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 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.
4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined 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 exercising 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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA
: J -tU.Aik--- V\-i4',,,,L,..._...1,i,_ _
'ill /
,man's Deputy Clerk TIM NANCE'CHAIRMAN
est as to Chair
signature only.
Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY
in the pre - ce of:
By /! I • By:
` // / . p Title: West Area Real Estate er
Pnnt Name: ( l Ccn /�P•( 6('_ Print Name: Mark L.Byers
By: EL awe&--1"1.
Print Name: ,4/1elie /V, 17ezfr7r/ (Corp.Seal)
STATE OF FLORIDA,COUNTY OF SARASOTA
I hereby certify that on this 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
7d acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation,who
( )is personally known to me,or( )produced as identification.
2 Approved as to form anu ict;a«<y
FPL Subordination Agreement
Last revised:03/20/2013 G
A rant County rney
G -
WITNESS my hand and official seal in the County and State aforesaid thisZjday of� v 2015.
(affix notarial seal) . C
fry ature of Notary Public)
( u N l b
(Print Name of Notary Public)
'
kA LILLIAN
M COLE
N MY COMMISSION#FF060669 Serial/Commission#(if any):
EXPIRES oridallota October 7,2017
(a07)3gg.o163 F: ryService,com My Commission Expires:
Approved as to form and legality:
•
Asssta ( n�ty A Bt. t,YeD 10
FPL Subordination Agreement
Last revised:03/20/2013
GP�
EXHIBIT"A"
Parcel I:
See legal description and sketch attached hereto as Schedule "1".
Parcel II:
The East 30 feet of the Southeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 36,
Township 48 South,Range 26 East,of the Public Records of Collier County,Florida.
Parcel III:
The East 30 feet of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 36,
Township 48 South,Range 26 East,of the Public Records of Collier County,Florida.
Parcel N:
The East 30 feet of the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 36,
Township 48 South,Range 26 East,of the Public Records of Collier County,Florida.
See sketch of Parcels I,II,III and N attached hereto as Schedule"2".
R:1Pulte\Everglades■Conservation Easement\FPL Subordination of Utilities.Version 2.doc
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FPL Subordination Agreement
Last revised:03/20/2013
SCHEDULE "1"
DOUGLAS ROAD EASEMENT
SECTION 36,TOWNSHIP 48 SOUTH,RANGE 26 EAST
COLUER COUNTY,FLORIDA
DESCRIPTION: A parcel of land lying in Section 36,Township 48 South,Range 26 East,Collier County, Florida
and being more particularly described as follows:
Commencing at the Southwest corner of the Southeast one quarter of said Section 36, thence run
N.02°30'05"W., 60.05 feet along the West boundary of the Southeast one quarter of said Section 36, to a
point on the North road easement line of Vanderbilt Beach Road and the Point of Beginning; thence
continue along said West boundary of the Southeast one quarter, N.02°30'05"W., 1606.84 feet; thence
5.89°55'41"E. 30.03 feet;thence 5.02°30'05"E., 1606.77 feet to a point on the North road easement line of
Vanderbilt Beach Road;thence along said North right of way line 5.89°56'44"W.,30.03 feet to the POINT OF
BEGINNING.
Containing 1.11 Ac., more or less.
Bearings are based on the West boundary of the Southeast 1/4 of Section 36,having a bearing N.02'30'05"W.
Prepared:
Diversified Surveying Inc.
1939 Dana Drive
Fort Myers,Florida 33907
LB 7935
/ 1/13/2014
Fl ida Professional Surveyor and Mapper#6091
Sheet 1 of 2
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SCHEDULE "1"
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NOTES:
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1. BEARINGS ARE BASED ON 'THE WEST BOUNDARY OF THE
SOUTHEAST 1/4 OF SECTION 36, HAVING A BEARING
N.0210105.1Y.
2. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
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