Parcel 278AMEMORANDUM
RECEIVED
NOV 0 8 1999
To:
From:
Date:
Subject:
Sue Filson, Administrative Assistant
Board of County Commissioners
Ernie W. Kerskie ,.l~,,.~ t'
Real Property Specialist
Real Property Managem(;nt t)epartn., nt
November 05,1999
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcel: 278A / Cadenas
Attached you will find one (1) Subordination Of Uhlity Int(:~;st,.~ instrument for execution
by Chairwoman Pamela S. Mac'Kie concernin.q the abr)w; transaction. Please be
advised that Robert N. Zachary, Assistant Count,,. ~\ttorm¥. t~,~s reviewed and approved
the attached document.
The Board of County Commissioners of Collier County. Fl(~ri~h~ approved the acquisition
by gift or purchase in Resolution 98-107, Item 16(b)(1), dated April 28, 1998.
Pursuant to Resolution 98-107, Paragraph 8, ti~,; Boar(t has authorized its present
Chairman and any subsequent Chairman, for th~; life of th,.; Project, to execute any
instrument which have been approved by the Offic,: of the (;~,~nty Attorney.
The Board of County Commissioners of Collier C~nty. Ft~ri~!:~ approved the acquisition
by gift, purchase or condemnation in Resolution :,9-289, !t~:~n 8(b)(7), dated June 22,
1999.
Once tho Subordination has been ex(:cuted, I)! ~sf; lo, .v,,. ! same to Ellie Hoffman,
Records Technician I11, Minutes and Records Ma~;,~gemu~t. h~r attestation by the Clerk
to the Board. Ms. Ftoffman will then call me at ext,.nsion Et,!O1 Ior document pick-up.
(ELLIE, PLEASE RETURN ORIGINAL TO r,',E SO I MAY RECORD IN O.R.)
Thank you.
Attachments as stated
Real Properly M,w~agen~,..;.t Dup~'u i¢¢;,,¢:l
PROJECT NO. 63041 - Golden Gate Boulevard
PARCEL NO,: 278A
Florida Power & Light Release
SUBORDINATION OF UTILITY INTERESTS Public Body
THIS AGREEMENT, entered Into this (./~ day of 0(.,~O[t~t.. 19..~, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, Its successors and assigns, whose
mailing address is 3301 Tamiamt Trail East, Naples, Florida 34112, hereinafter called "County", and
FLORIDA POWER & LIGHT COMPANY, a Florida corporation, by its undersigned officers who have
been duly authorized by the corporation to execute this Subordination, whose mailing address is P.
O. Box 029100, Miami, Florida 33102, hereinafter called "Utility."
WITNESSETH:
WHEREAS, the Utility presently has an interest in certain lands that have been determined
necessary for road right of way, sidewalk, utility, drainage and maintenance purposes; and
WHEREAS, the proposed use of these lands for road right of way, sidewalk, utility, drainage
and maintenance purposes will require subordination of Ihe inlerest claimed in such lands by Utility Io
the County, and st the request of the County, the Ulility 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 padies
hereto, Utility and County agree as follows:
Utility subordinates any and all of its interest in the Lands described as follows:
(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 road right of way, sidewalk, utility, drainage 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 From or Recorded
Encumbrance_ ...... _[~.at¢ ............. Ag~i.Q~ __In Favor Of Book-Pag~
Easement 8/18/1998 Marvin A. Cadenas Florida Power & 2487/1730
Dora L. Cadenas Light Company
PROVIDED that the fodowing rights are granted lo Utilily:
1. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade,
remove, and relocate facilities on, within, and upon all Lands in accordance with the County's current
minimum standards for such facilities. Any construction or relocation of facilities within tile La~ds will
be subject to pnor approval by the County. Should the County require the Utility to alter, adjust, or
relocate its facilities from or within said Lands, Ihe County hereby agrees to pay the cost of such
alteration, adjustment, or relocation, including, but not limited to, the cost of acquiring appropriate
easements.
2. The Utility shall have a reasonable right to enter upon lhe Lands for the purposes
outlined in paragraph 1 above, including the right to trim such trees, brush, and growth which might
endanger or interfere with .such facilities, provided that such rights do not interfere w~th the operation
and safety of the County's facilities.
3. The Utility agrees to repair any damage to lhe County's facilities and to indemnify the
County against any loss or damage resulting from the Utility's exercise of its rights as outlined in
paragraphs 1 and 2 above.
4. These terms and conditions shall be attached as an addendum to the permit, if any,
required by the County for relocation of the Utility's facilities within the said Lands.
5. This Agreement Is not assignable except to the State of Florida for the use and benefi!
of the County In connection with the Utillty's installation and maintenance described above.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the day and
year,first above written.
-:: .'"'~ DW. IGHT E. BROCK, Clerk
· ~ '. ' ..Deputy Clerk
Attes~ is. t4 C~r~A'$
st~naturm ~1~.
Approved ~s to for~ and
lega~ sof~ciency:
Robert Zachary
Assistant County Attorney
Signed, sealed and delivered
in our presence as witnesses:
WlTNE~/3 (Signature)
& (15rint or T))pe) !
WITNF.,.SS (Sicj. r).ature), , ,
Name?OUna ~.
(Print or Type)
FLORIDA~_OWER & LIGH. T COMPANY,
Attest: (Seal)
, Secreta~
STATE OF:
COUNTY OF: \
I hereby certify that on this day. before me. an officer duly authorized to take acknowledgment
personally appeared ~,!~r~ l-/i ( ~r'/l'~Y/ (name) C')~t,...--~.-if .(,k f',¢t~ ~C~'~,~ ('<;~-1\ f"~Ct"~
(title) of Florida Power & Light Company, a Florida corporation, who is personally knc~wn to me-er-v~
h a ~.4:~z:~Juc. ed as-ide~tification. ~'/ ") J
(affix notarial seal) /\~_~,,,,.z,//.Y ~ .) ~./;rZ~'~_/~¢.~
Notary Signature
Print Name of Notaryl O~161ALIvoT^R¥:;F.~L
My Commission Expil-es:
Approved u ~ form & legal -u/flolet~o7
/.~_. <-;~ ~ ,
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
(NOT A SURVEY)
PROJECT NO. 63041
PROJECT PARCEL NO, 278A
25 FOOT ROAD RIGHT OF W~ r'
DRAINAGE, SIDEWALK. UTILIT'v
& M~dNT ENANCE EASEME~T
(IO0'R OW)
GOLDEN GATE BOULEVARD
TRACl 85
75'
~ 330'
DESCRIPTION:
THE SOUTH 25 FEET OF THE NORTH 75 FEET OF ~HEEAST75
FEET OF THE WEST 1[,0 FEE1 OF TRACT 85 GOI DEN GAlE ES~ ATE.~
UNIT NO. 9, AS RECORDED IN PLAT BOOK 4, PAGE 99, OF THE PUBLIC
RECORDS OF COLLIER COUHTY. FLORIDA
75'
I' - 10o' JULY 20. 199B GGB273A
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