Parcel 107/Collier Dvlp CorpMEMORANDUM
TO:
FROM:
DATE:
RE:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
ERNIE W. KERSKIE, REAL PROPERTY SPECIALIST /'". ~--
REAL PROPERTY MANAGEMENT DEPARTMENT
JULY 13, 1999
VANDERBILT BEACH ROAD LANDSCAPE & SIDEWALK EASEMENT ~
SUBORDINATION OF UTILITY INTERESTS - SPRINT FLORIDA, INC.
COLLIER COUNTY PROJECT NO. 67021
PARCEL: 107 / COLLIER DEVELOPMENT CORPORATION
Attached you will find one (1) Subordination of Utility Interests for execution b
Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be
advised that Heidi Ashton, Assistant County Attorney, has reviewed an
approved the attached document.
!
The Board of County Commissioners of Collier County, Florida approved the~
acquisition by gift according to agenda Item 16(B)(6), dated October 17, 1995.
Once the Subordination has been executed, please forward same to Ellie"~.
Hoffman, Records Technician III, Minutes and Records Management,
attestation by the Clerk to the Board. Ms. Hoffman will then call me at
8991 for document pick-up.
Thank you.
Attachment as stated
PROJECT: Vanderbilt Sidewalk Easement
PARCEL NO. 107
FOLIO: 00168880007
UTILITY RELEASE - SPRINT-FLORIDA, INC.
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this/.5-/Cc' day of _~,~=:~,~~, 19 ~,~, by
and. between COLLIER COUNTY, a political subdivision of the State of'Florida, its success~'~-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 2477, Naples,~
Florida 34106 (hereinafter referred to as "Utility"). 4
WITNESSETH: ~
WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in ,;i
Collier County, Flodda, more padiculady describe, d and set forth in Exhibit "A" attached hereto and ~
made a part hereof (hereinafter referred to as the Property"); and ~
WHEREAS, the County has determined that this Property is suitable and appropriate for
sidewalk and landscaping purposes; and
WHEREAS, the County's proposed use of the Property for sidewalk and landscaping purposes
requires the subordination of the interest in the Property by the Utility to the County.
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 partie.,
hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereb
agree as follows:
1. The Utility hereby subordinates any and all of its interest in the Property ~;~4
(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,~
and operating sidewalk and landscaping purposes, over, under, through, upon, and/or across said :['
Property, including, but not limited to the claim of interest based upon the following:
Nature of From or Recorded
Easement 10/06/83 Collier United Telephone Official Records
Development Company of Flodda Book 1048
Corporation Page 827
2. The Utility shall have the fight to construct, operate, maintain, improve, add to upgrade1~
remove, and/or relocate its facilities within and upon the Property ~n accordance with the County's,~
minimum standards for such facilities. Any construction or relocation of facilities within the Prope~
will be subject to prior approval by the County. If the County requires the Ulility to alter, adjust,
relocate its facilities from or within the Property, the County hereby agrees to pay the reasonable cost
OfappropriateSUCh alteratiOn,easements.adjustment, or relocation, including, but not limited to the cost of acquldng
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 tdm 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 Ubht shall r
· '* y epair any damage to the County's facilities and indemnifl/the County from
:nn~ ;g:~on~te.any loss or damage resulting from the exercise of its dghts as outlined in paragraphs 2
5. These terms and conditions shall be attached as an addendum to thatyermit, if an,
required by the County for location of the Utility's facilities within the Property.
Agreement shall be assignable only to the State of Florida for the use and benefit
6.
This
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.
ATTEST: ""
DWIGHT E. aRO'~K,~j~lerk
Attes,t,' i~, to
stgamta'e only.
Approved as to form
and legal sufficiency:
Heldi F. Ashton
Assistant County Attomey
Signed, sealed and delivered
in our presence as witnesses:
WITNESS (Signature) (~ '
Name: ~-z.,~,/',v~ ~
(Print or Type)
WITNESS (Signature) /
Name: 7~o~,'/{"~ ~:~,'~
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIERvO/DUNTY. FLORIDA '/
PAMELA S. MAC'KIE, Chairwoman
Sprint-Florida, Incorporated
successorFiorida by merger to United Telephon~e Company of.~.
P.O. Box 2477
Naples, Florida 34106
I~res]den~'ice?resident ~ ~ra ~o
STATE OF ,c'l. 3/,~ t 0,~
COUNTY OF ~E"
The foregoing Subordination of Utility Interests was acknowledged before me this ,~-'J'~ day~
of · ~,.,___..._~~,1999 by~(Name), V/C~ ~R~;/OC/JT' (Title), of
S.p_~lm'ldelncc~porated successor by merger to United Telephone Company of Florida, who is
as identification;
~n~o ~ne or who has produced
(affix notadal seal)
(Signature of Notary Public/)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:~
My Commission Expires:
EXHIBIT A
P~ I,=.L.of '*/..
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112
(941) 774--8192
A RI S V
PROJECT NO.
PROJECT PARCEL NO 10''''[
TAX PARCEL NO. OO1~¢~OOO'7
t
COMMENCING AT THE NORTHEAST CORNER OF TRACT ! OF TIlE PLAT TIlER. EOF,
NORTH BAY PLAZA AT PELICAN BAY AS RECORDED IN PLAT BOOK 2 l, PAGES 21 &
22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SAID POINT OF
COMMENCEMENT ALSO BEING TILE POINT OF INTERSECTION OF TIlE WEST RIGltT OF
WAY LINE OF THE TAMIAMI TRAIL NORTI! (U.S. 41) AND THE SOUTH RIGItT OF
WAY LINE OF VANDERBILT BEACH ROAD (C.IL 862; THENCE NORTH 0 DEGREES 37
MINUTES ]9 SECONDS WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE
OF 109.15 FEET; THENCE NORTH 0 DEGREES 38 MINUTES 39 SECONDS WEST, A
DISTANCE OF 10.3B FEET; TttENCE NORTH $0 DEGREES 05 MINUTES 20 SECONDS
WEST, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGiNNING,SAID POINT OF
BEGINNING ALSO LYING ON THE NORTH RIGHT OF WAY LINE OF VANDERBILT
BEACH ROAD,(C.R.862); THENCE CONTINUING WEST ALONG SAID LINE, A
DISTANCE OF 165.00 FEET; THENCE NORTH 9 DEGREES 51 MINUTES 40 SECONDS
EAST, A DISTANCE OF 1,.97 FEET TO THE POINT OF CURVATURE OF A
NON-TANGENT CURVE, CONCAVE TO THE SOUTH, tlAVING A RADIUS OF ?1.00
FEET, A CENTRAL ANGLE OF 3 DEGREES t0 MINUTES 11 SECONDS, AND A CttORD
OF 4.34 FEET BEARING SOLrI'H 65 DEGREES 29 MINUTES 35 SECONDS EAST;
THENCE EAST ALONG SAID CURVE, A DISTANCE OF 4.34 FEET; THENCE SOUTII 66
DEGREES 44 MINUTES 29 SECONDS EAST, A DISTANCE OF 9}) I FEET TO TIlE
POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A
RADIUS OF 1.9.00 FEET AND A CENTRAL ANGLE OF 26 DEGREES I 1 MINUTES 26
SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 36. I 1 FEET;
THENCE NORTH 87 DEGREES 04 MINUTES 05 SECONDS EAST, A DISTANCE OF
! 8.'/2 FEET TO TIlE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO ~
THE SOUTH, HAVING A RADIUS OF 34.00 FEET AND A CENTRAL ANGLE OF 22
DEGREES 49 MINUTES 57 SECONDS; THENCE EAST ALONG SAID CURVE, A
DISTANCE OF 13.5"i FEET; THENCE SOUTH 70 DEGREES 05 MINUTES "~8 SECONDS
EAST', A DISTANCE OF 13.87 FEET; TtLENCE SOUTtl ?8 DEGREES 09 MINUTES 55
SE~SONDS EAST, A DISTANCE OF 17.94 FEET; THENCE SOUTH 66 DEGREES 25 .~.
MINUTES 3'7 SECONDS EAST, A DISTANCE OF 10.63 FEET; THENCE SOUTII 80
DEGREES l0 MINUTES 51 SECONDS EAST, A DISTANCE OF 13.58 FEET; THENCE
SOUTH {~ DEGREES 16 MINUTES 48 SECONDS EAST, A DISTANCE OF 25.69 FEET; ~
THENCE SOUTH 0 DEGREES 43 MINUTES 12 SECONDS WEST. A DISTANCE OF 51.00
FEET; THENCE NORTH 19 DEGREES 07 MINUTES 05 SECONDS EAST, A DISTANCE
OF 51.00 FEET; THENCE SOUTH 1'0 DEGREES 52 MINUTES 55 SECONDS EAST, A
DISTANCE OF 25.21 FEET; THENCE SOUTH 84 DEGREES 35 MINUTES 49 SECONDS
EAST, A DISTANCE OF 0.91 FOOT; THENCE SOUTH 4~ DEGREES 35 MINUTES 55
SECONDS WEST, A DISTANCE OF 0.15 FOOT; THENCE NORTH 80 DEGREES 08
MINUTES 20 SECONDS WEST, A DISTANCE OF 39.26 FEET; THENCE SOUTH 9
DEGREES 51 MINUTES 40 SECONDS WEST, A DISTANCE OF 3.J0 FEET TO THE
POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.015 ACRE {634
SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE NORTH RIGIiT OF WAY LINE OF VANDERBILT
BEACH ROAD BEING NOP, TH 80 DEGItEES 08 MINUTES 20 SECONDS WEST.
PARCEL Vrtl~, 107
_
PROFESSIONAL LAND :SUA~"YOR
OFFICE OF CAPITAL
EXHIBIT
3301
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA
(941) 774--8192
341~i 2
SKETCH OF DESCRIPTION
GENERAL NOTES
· ' I) P/].C. Indk:otes Point oF Conmencenent
E) P.0.9, ~c~es Poln~ oF ~eglnnlng
3) Sec. ~c~es Section
4) Twp, indlc~tes Township
5) Rge. In~c~tes R~nge
7) All ~stonces ore ~ Fee~ ond declnmls thereo?
8) Bosls oF beorlngs Is ~he Southerly R/~ line oF
Vonde?b~ Beoch Ro~d being
~) Not volld un[ess signed ~nd seoled -lth ~he e~bossed
seo[ oF ~he proFesslonol trend
/
/
3.50'
PARCEL
N.80'08'20'
§0.00'
39.26'
.,/P.O.C.
/-- N.Og'51'40'E. 7.97'
9.91'
o0.gl' /
12.90'
S.00'39'05'E. \
15.65'
/
/
N.00'38'39'~
10.55'
N.OO'37'39'W.
THIS
10.63'
13.58'
25,69°
25.21'
£./
10.77'
'S.00'38'39'E.
4.45'
TAMIAMI TRAIL NORTH (US
IS ONLY A SKETCH
$3.87'
Curve nunber
R~dlus - 71.00'
Z~ ~,, 03'30'tl°
T~ngen% =
Arc = 4.34'
Chord = 4.34'
Chord BrD. S.68'29'34'E.
Curve nunber
Romius = 79.00'
T~ngent = 18.38'
ArC = 36.1l'
Chord -
Chord Bro.
Cupve n~bep
T~ngen[ ~ 6.B7'
ArC -
Chord = 1~4G'
Chord ~r~[S.St'30'56*~
-.~ ...........
~ 19'23'53'
AcC - 16.38'
Chord - I~1~
Chord
0,*~ aY,.. Ic~c"£° m'' ~NDT TD o~Tr.: