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SprintPROJECT: Livingston Road PARCEL NO: 165 / 765 & 166 / 766 Utility Release 2893225 OR: 2933 PG: 2304 RECORDED in OFFICIAL RECORDS of COLLIER COUN?Y, FL 11/30/2001 at 01:36PM DWIGH? E. BROCK, CLERK Retn: REAL PROPERTY EXT 8991 INTER OFFICE COPIES 51,00 11.00 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this,~ day of /')(.,.'u-. , 2001, by and between Collier County, a political subdivision of the State of Florida, its successors 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"). 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 County has determined that this Property is suitable and appropriate for road right-of-way, utility, drainage and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right-of-way, utility, drainage and maintenance 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 from the Property into the road right-of-way, utility, drainage and maintenance, 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 road right-of-way, utility, drainage and maintenance purposes, over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: OR: 2933 PG: 2305 Nature of From or Encumbrance Date Against Easement 01/06/81 Easement 01/06/81 Easement 11/6/81 In Favor Of Recorded Wyndemere Farms Development, Inc. Wyndemere Farms Development, Inc. Wyndemere Farms Development, Inc. United Telephone Co. United Telephone Co. United Telephone Co. Plat Book 13, Pages 3-7 Plat Book 13, Pages 8-12 Plat Book 13, Pages 39-43 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 ~nc~'~e~a.r first above written. .. ¥,_:, .... .. q:, ~'D~,~GFf'¥ E~BR-~. CK, Clerk Approved as to form anl~legal sufficiency: Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLI ER COUNTY,~ BY: JAMES~X/. CART~'~, 15~.~., Chairman M te (::l~tman's OR: 2933 PG: 2306 Signed, sealed and delivered in ou.~presence as witnesses: WITNESS (Signature) Name: Tina Bisson Sprint-Florida, Incorporated successor by merger to United Telephone Company of Florida (Print or Type) WITNESS (Signature Name: Linda Severance (Print or Type) By: - -/~Sresiderrl~ice President STATE OF FLORIDA COUNTY OF ORANGE The foregoing Subordination of Utilities was acknowledged before me this 1st dayof 3une ,2001 by T~ouJs Carrion , President/Vice President, on behalf of Sprint-Florida, Incorporated, successor by merger to United Telephone Company of Florida,, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this 1st day of June ,2001. (Affix notarial seal) Notary Public-State of Florida ~ My Commission Expires A~. 25, 2003 t Commission # CC830106 (Signature of Notary) Carol A. Stone (Print Name of Notary) Commission # cc8301'96 My Commission Expires: April 25, 2003 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY & MAINT. EASEMENT OR: 2933 PG: 2307 PROJECT: NO. 60071 PROJECT PARCEL ~2 TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLOR~DA SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SUR.VEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION oF RIGHT-OF-WAY PARCEL) ' EAST- WEST ONE-QUARTERd SECTION LINE 105' EXISTIN COUNTY ROADWAY EA SEMEN T1843 803, PG. PREPARED BY: mmlmm~ Iiii mmmm~-GNOLl Illmml-4 ___ IIIIIUAJ(u&K ~ IIIIIIn IIIIIIm--(_.. IIIIIIB_]~U~ LINE DATA DAGB,m~ Profemmional engineer, planners, & land 2/8/00 ~/a/o, L2 S O0'og'38"E 534.41 L2 S O0'og'38"E 64Z02 L5 N 12'14'43"E 34.9; L4 N 00'09'38"W 612.93 L5 S 89'50'22"W 7.50 COORDINATE SYSTE~, WA.~//~OLI, R.S,bl..NO. 5335 SCALE:. 1-"/=.45'6' '"'.,. ,,' ./ '. DRAWN B/~'~AN bATE! i"'NOV. 9. 1999 CHECKE,~3Y: WDA PROJECT NO.:. 7841 FILE ~ 7274- ACAD'NOi 7274-7 SECTION 19, OR: 2933 PG: 2308 PROJECT: NO. 60071 PROJECT PARCEL_NO: ~ TAX PARCEL NO.~ TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF RIGHT-OF- WAY PARCEL ALL THAT PART OF PARCEL "C" ACCORDING TO THE WYNDEMERE TRACT MAP, AS RECORDED IN PLAT BOOK 1.3, PAGES 3 THROUGH 7, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY OESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 00'09'58" EAST ALONG THE WEST LINE OF 5AID SECTION A OISTANCE OF 5.34.41 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 00'09'38" EAST ALONG SAID WEST LINE OF SAID SECTION 19, A DISTANCE OF 647.02 FEET; THENCE LEAVING SAID WEST LINE OF SAID SECTION 19, NORTH 12'14'43" EAST 34.91 FEE'I~ THENCE NORTH 00'09'38" WEST 612.93 FEET; THENCE SOUTH 89'50'22" WEST 7.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 4725 SQUARE FEET OF LAND MORE OR LESS. _-"..'' :'.....-- :-..~.: ..--:-': '-' . BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTE~.. EAS~:'zoN~/.~..~'.' ''. PREPARED BY: .F,~s,.,~ :$HEET'I~'~"2//'""' ':' :" .....~""".~NOM 2/800 BY: '"" IIIIi~"~ ~ ~ SeAL A D' OU,'~.S.~. ~0;:~5 ====== ..:.......' .. · ,,a~ONDAG]~.==. DRA~ ~ JAN . 'DATE:'"NOV. 9. 1999 c~ c.=m ~ ~. ~, ~ w~. ~ ,.~. ~ ,~,, (,~),~_,~ CHECKED BY: WD~ PROJECT NO.: 7841 ~"" ~ ~"~"~""~ ""'. ~ ~ ~ ~ ~ ~ (~,~-,~, FILE NO: 7274 ACAD NO: 7274-7 OR: 2933 PG: 2309 SECTION 19, TOWNSHIP 49 SOUTH, COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT) P.O.C. /II I V~.S'T ~UAR~R CORNER /r .I OF SECTION 19 ~ ~, ~_ ~ ~ SCALE: 1" + + COUN~ ROADWAY EASEMENT (O.R. 803, PG. ~843) PREPARED BY: . .SHgET · ...l~u~e~. c LE:/3%~ eO' ... ., .. ~ ~ ~ ~' ~t~ ~ ~ ~ "-'". ~ .l,m (,4i~,,-mm CHE O BY' ~A ..... PR" ' · .... - .......... --~ ,o. ~ u.s · OJECT NO.. 7841 PROJECT: NO. 60071 PROJECT PARCEL NO: 7~'5 TAX PARCEL NO. ~~~:: RANGE 26 EAST = 60' SURVEY.) OR: 2933 PG: 2310 PROJECT PARCEL NO: TAX PARCEL NO,~z~oo, SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEIvlPQRARy DRIVEWAY RE,STORA TION EASEMIENT A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL THAT PART OF PARCEL "C', WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES J ~ROUGH 7. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PAR~CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ~E ~ST QUARTER CORNER OF SECTION 19, TO.SHIP 4~ SOU~, RANGE 2~ EAST, COLLIER COUNTY FLORIDA; ~ENCE SOU~ 00'09'38~ EAST ALONG THE ~ST LINE OF SAID SEC~ON 19, A DISTANCE OF 584.41 FEET TO ~E POINT OF BEGINNING OF ~E EASEMENT HEREIN BEING DESCRIBED; ~ENCE CON~NUE SOU~ 00'09'~8" EAST ALONG SAID ~ST LINE OF SAID SEC~ON 19 A DISTANCE OF 163.00 FEET; ~ENCE LEAWNG SAID ~ST LINE OF SAID SECTION 19 NORTH 89'50'22' EAST 67.50 FEET; ~ENCE NOR~ 00'09'38~ ~ST ~63.00 FEET; THENCE S~ 89'50'22' ~ST 67.50 FEET TO ~E POINT OF BEGINNING ~E EASEMENT HEREIN DESCRIBED; CONTAINING 11,003 SQUARE FEET OF LAND MORE OR LESS. .. ~.~-~ .~ ;~.,,,,,..~,., mmmmr ~n~ ~ ' .'* ......'"""~ 2/~/oo ~: //~ · IIIII1""'"Daa"~ ~ ~/./~, ~D.'D/,.6~OL~ R.~:' <NO.' ~'335 mmmmmm SCALE: N, mmmmmm U~gND~.=~. ~rofemmlon.1 .nilnmin, pl~nner., ~ hnd su~yo~ DRA~ B~,..:",'OATE:~ com. ~ ~ m, ,~ ~ ~. x~, ..;~. ~ ~,om (,,,;,,,-,,,, CHECKED~: ~-:.'~'..' c.~.. ~ A.~.m.U....~. mw ~m n .. ,-, [-,~-~ FILE N~/ 7274 A~AD NO' 7274-50 ,(~ ' . EXHIBIT~' Page_ PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY & MAINTEASEMENT PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 19, TOWNSHIP #9 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF RIGHT-,OF-WAY PARCEL (NOT A SUR.VEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF RIGHT-OF-WAY PARCEL) ' I ~ ~ -- . .~ ............ ~ ~ o. oo ~ ~ __ m +~o. oo ~ 7.50 ~ ~ ~o5' [x/s~N~ R.o.w.~ ~ o i:: I ~ ~ ./~:~{ L~ s oo'~'~"~ ~.~ ~ -- ~ ~ : ~1 L2 N 12'10'51"E 34.91 ~ ...':"'-" · .: . ~5'.~ .' N O0::]3'~"W 42.65 ~ +l .. ./_. · ......- : ?'- ,.,.- ....,-,..', ' . . iff" ~ ~~ "'"~:..":' "' :' '? '"-"' ': mmmmmmm SCALE: 1~/~-.: .... . ":" ' ammmmma~RUNDA~ ~--m ~ =, ,,- ~ .~ .~, ..~, ~ .,a. (.,)m-,m CHECk.Y: ~A PROJECT NO.: 7841 ~- .f *-~,~ ~,. = ~ ,* n ,~ ~ learn--ma FILE~ 7274 ACAD NO: 7274-8j OR: 2933 PG: 2312 fl EXHIBIT PROJECT: NO, 60071 PROJECT PARCEL NO: TAX PARCEL NO. SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION QF RIGHT-OF- WAY PARCEL ALL THAT PART OF PARCEL "BB" ACCORDING TQ THE RE-PLAT OF PART OF WYNDEMERE TRACT MAP, AS RECORDED IN PLAT BOOK I J, PAGES 39 THROUGH 43, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PAR TICULARL Y DESCRIBED A S FOLL 0 WS; BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "BB'~ THENCE SOUTH 00'13'36" EAST ALONG THE WEST LINE OF SAID PARCEL "BB" A DISTANCE OF 346.29 FEET; THENCE LEAVING SAID WEST LINE OF SAID PARCEL "BB" NORTH 12'10'51" EAST 34.91 FEET; THENCE NORTH 00'13'36" WEST 269.64 FEET; THENCE NORTH 89'46'24" EAST 22.50 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 30' PLATTEO DRAINAGE EASEMENT; THENCE NORTH 00'13'36" WEST ALONG SAID EAST LINE OF SAID EASEMENT A DISTANCE OF 42.65 FEET TO AN INTERSECTION WITH THE NQRTH LINE OF SAID PARCEL "BB"; THENCE SOUTH 89"35'49" WEST ALONG 5AID NORTH LINE OF SAID PARCEL "BB" A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBEO. CONTAINING 3428 SQUARE FEET OF LAND MORE OR LESS. BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM. EAST ZO PREPARED BY: ' SHEET.~ 2 llll~'~ LONOU 1/8/O1 BY: n--u W~ . AGNOLI, R.S.M. NO. 5335 .....I J~ss, ~. 1/31/01 · liB Ill ~"'~ nnnnnn SCALE: nmmnmm~RUNDA~B,mt Professional e~tneem, planners, & land mur~nyors DRA~,/BY: JAN DATE: NOV. 9. 1999 c.m~ c.~ .~b ~o, ,~o ~--, w--, ....,; .~,.., ,,. ~0, (,,l~,,.-=... CHF-_~ED BY: WDA PROJECT NO.: 7841 c.,.u~.b of A,.U,.,~u,~ .0.. ,- ~ ,,=, n ~ r.=, (.~-uo, FILE NO: 7274 ACAD NO: 7274-8 SECTION 19, TOWNSHIP 49 SOUTH, OR: 2933 PG: 2313 PROJECT: NO. 60071 PROJECT PARCEL NO: ~_~-~ TAX PARCEL NO.~~ RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT~ o o 170' F.P.,&'L. EASEMENT ._~ (O.R. 64o, PG. 232) o o o o I05' EXISTING R.O.W. LIVINGSTON ROAD +_92.56 0.00 ~' P.O.B. NORTHWEST CORNER -- PARCEL 0.00 105' EXISTING R,O,W. LIWNGSTON ROAD COUNTY ROADW~o) kT / I'1 BEARINGS ARE BASED ON THE' FLORIDA STATE PLAN COORDINATE SYST'EM, EAST ZONE.~ .-. ' ,, 2 PREPARED BY: T iillB'°" ,/~/o, .~: · """" ~f/~ mmBB~ARB~R ~ WA ~OLI,. R.S.M. NO,' 5335 ~~-- SCALE: mm~m~uNDAGg,~, DRAWN~: JAN *:-" DATE:~ Professional e~inee~, pla~ers, & lend wu~eyo~ ~ a~ ~a ~. 1*~ fa Wa. ,al Nel,,. ~ ~ill (NI)~,I-,III CHEC~ BY: WDA · PROJECT ' NO.: 7841 · EEX na= . OR: 2933 PG: 2314 *** PROJECT: NO. 60071 PROJECT PARCEL NO: TAX PARCEL NO, SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION OF TEMPORARY DRIVEWAY RESTORATION EASEMENT A TEMPORARY DRIVEWAY RESTORATION EASEMENT OVER AND ACROSS ALL THAT PART OF PARCEL "BB'; REPLAT OF PART OF WYNDEMERE TRACT MAP, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1Jo PAGES 39 THROUGH 43, PUBLIC RECORDS OF COLLI£R COUNTY, FLORII3A, BEING MOR~ PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "BB"; THENCE NORTH 89'35'49" EAST ALONG THE NORI'H LINE OF SAID PARCEL "BB"' A DISTANCE OF 48.50 FEET; THENCE LEAVING SAID NORTH LINE OF SAID PARCEL "BB~' SOUTH 00'13'36" EAST 51.20 FEET; THENCE 50UT'H 89'46'24" Vt~EST 48.50 FEET TO AN INTERSECTION H,1TH THE WEST LtNE OF SAID PARCEL "B~"' THENCE NORTH 00'~3'36" WEST ,~(.ONG THE WEST LINE OF SAID PARCEL "BB" A DISTANCE OF 5~.05 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 2480 SQUARE FEET OF LAND MORE OR LESS. mmmmmm 1/8/01 BY: mmmmmm B-II{UNDA(~I~ ' SCALE: W'.]',S. ' .- ' Professional en~tneer~, pi.,~-er~. & ]and .~rw),orm DRAWN B/f/~ ' DATE:'.'' NOv. 12. 199g