Project #60016C Parcel 101DUE Recorded Subordination of Utility Interests iNSTR RECORDED 5166161 OR 9/3/2015 5191 10 24 PG AM 1847
PROJECT: 60016C Lake Trafford Road & 19th Street DWIGHT E. BROCK. CLERK OF THE PAGES CIRCUIT COURT
PARCEL: 101 DUE COLLIER COUNTY FLORIDA
FOLIO: 00082920001 REC$35.50 INDX$2.00
Utility Release
SUBORDINATION OF UTILITY INTERESTS
Public Body
+I,
THIS AGREEMENT is made and entered into this of 4- day of Q,u_.
2015, by and between COLLIER COUNTY, a political subdivision of the State f 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 EMBARQ FLORIDA, INC. d/b/a CENTURYLINK, fka SPRINT-
FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY
OF FLORIDA, a Florida corporation, whose mailing address is 600 New Century Pkwy.,
Mail Stop KSNCAA0133-RETA600, New Century, Kansas 60031 (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 collectively referred to as the
"Property"); and
WHEREAS, the County has determined that this Property is suitable and
appropriate for drainage and utility purposes; and
WHEREAS, the County's proposed use of the Property for drainage and utility
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 drainage and utility facilities 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 RECORDED
ENCUMBRANCE BOOK-PAGE
United Telephone Company of Florida Easement 11/06/1987 OR 1337 — PG 687
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
EMBARQ SUBORDINATION OF UTILITY INTERESTS
Last Revised 03/20/2013
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.
ATTEST: : " ', ,, BOARD OF COUNTY COMMISSIONERS
DWIGHT EyBROCK,-Clerk COLLIER COUNTY, FLORIDA
/u •... . �.' a. # s.C• BY
+. .:'uty Clerk Tim Nance; Chairman
Attest as to ►
signature:Ow;
Signed, sealed and delivered EMBARQ FLORIDA, INC. dba CENTURYLINK,
in our presence as witnesses: fka Sprint Florida, Incorporated, successor by
merger to United Telephone Company of
Florida, a Florida corporation
477P-44"Atftil&_ By:
WITNESS �%' ature) Name:
Title: 4A.
Name: N
(Print or Type)
WITNESS (Signature Approved to form and legality
Name: tern '�
Assistant Coun only a 4\\S
(Print or Type) \
EMBARQ SUBORDINATION OF UTILITY INTERESTS
Last Revised 03/20/2013
b,.
STATE OF Flout ao1/4
COUNTY OF Co11i *Q
The foregoing Subordination of Utility Interests was acknowledged before me this G4.'!'
day of A a s+ , 2015, by O o..& ') y (L, 1?c k e✓ (Name), as
U i e .e. ('0_ts1 dew►t - ape. aA) s (Title), of EMBARQ FLORIDA, INC. dba
CENTURYLINK, fka Sprint-Florida Incorporated, successor by merger to United
Telephone Company of Florida, a Florida corporation, who is personally known to me or
who has produced *Lk as identification.
(affix notarial seal) Jv� _.
(Signature of Notary Public)
ANTONITA C ULLOA 1 ��1 + Levi-LoiA
145‘: MY COMMISSION#FF088725 (Print Name of Notary Public)
'e 2018
••,,�,��,d;:• EXPIRES March 26,
(4071".;9•8:0153 Floridallola Service.com Serial / Commission # (if any): F f
My Commission Expires: 03-a(--ac)(
Approved as to form and legality:
Jennifer A. B io
Assistant County Attorney
EMBARQ SUBORDINATION OF UTILITY INTERESTS
Last Revised 03/20/2013
A
EXHIBIT
Page__--of
POINT SW CORNER OF COMMENCEMENT TRACT A N
TRAFFORD PINE ESTATES
SECTION ONE,
I P.B. 10, PG. 99
W E
Ul !
0
LAKE TRAFFORD ROAD _ 0 g
(STATE ROAD 850) o --
80' PUBLIC RIGHT OF WAY m
S89'16'49-W SOUTHERLY ROW
36.11' BASIS OF BEARINGS
I _ PERPETUAL,NON•EXCLUAIVE
/
I LEGAL DESCRIPTION UTIUm EMENIINT
I PARCEL 101DUE
J
<� A TRACT OR PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 46
'' < r' SOUTH, RANGE 29 EAST, COWER COUNTY, FLORIDA, BEING A
PORTION OF THE LAND DESCRIBED IN OFFICIAL RECORDS BOOK
0 1272, PAGE 1912 OF THE PUBLIC RECORDS OF SAID COWER
- COUNTY, AND BEING FURTHER BOUNDED AND DESCRIBED AS
c
FOLLOWS;
I l o o0y
COMMENCING AT THE SOUTHWEST CORNER OF TRACT A, TRAFFORD
PINE ESTATES SECTION ONE, AS PER THE PLAT RECORDED IN PLAT
A rn BOOK 10, PAGE 99 OF SAID PUBUC RECORDS;
is' THENCE S.00'43'11"E., FOR 80.00 FEET TO A POINT ON THE
�I� w SOUTHERLY RIGHT OF WAY LINE OF LAKE TRAFFORD ROAD (STATE
y ROAD 850 - 80 FOOT WIDE);
> I THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE S.89'16'49"W.,
FOR 36.11 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY
I LINE OF NORTH 19TH STREET (60 FEET WIDE);
N89"16'49'E i THENCE ALONG SAID EASTERLY RIGHT OF WAY UNE S.01'07'16"E.,
FOR 243.46 FEET TO THE POINT OF BEGINNING OF THE HEREIN
7.45' ` i DESCRIBED PARCEL;
THENCE N.89'16'49"E., FOR 7.45 FEET;
THENCE S.02'19'44"W., FOR 123.76 FEET TO A POINT ON THE
POINT OF AFORESAID EASTERLY RIGHT OF WAY LINE;
BEGINNING THENCE ALONG SAID EASTERLY RIGHT OF WAY UNE N.O1'07'16"W.,
I FOR 123.59 FEET TO THE POINT OF BEGINNING OF THE PARCEL
PARCEL y 10 DESCRIBED HEREIN;
101DUE °-
a CONTAINING 460 SQUARE FEET, MORE OR LESS.
460 S.F. N ACM
Or
N N o
co N t o 00 LEGEND
W. =N DUE= DRAINAGE AND UTILITY
EASEMENT
In r 0 O.R. = OFFICIAL RECORDS BOOK
A)o o P.B. = PLAT BOOK
o PG.= PAGE
ROW = RIGHT OF WAY
S.F. = SQUARE FEET
TECM - ROW
7�
JAN 1 3 2014 MI p,i4„7-
L A. WARD, PLS f 1�
DAT SIGNED
FLORIDA CERTIFICATE NO. 5301
NOT VAUD WITHOUT THE SIGNATURE AND RAISED SEAL
OF UCENSED FLORIDA SURVEYOR AND MAPPER
lb..rber 5,20)4 412 P I K\70l!\IXO42.00.00 hairs..,,Drip,L.h.Trolford Read MI N lath 61\000:sv.y\Or.hay.£..more.\1300430000 DOW DE b.01.41.0
6610 Willow Park Dr.,Suite 200
LAKE TRAFFORD ROAD & 19TH STREET IMPROVEMENTS Napes,FL 34109
SKETCH AND LEGAL DESCRIPTION Phone
2 3 597-05785
PARCEL 101 DUE
DRAINAGE AND UTILITY EASEMENT ENGINEERING LB No.:6952
JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
130042.00.00 00 I 32 ` 46E I 29S I 1 9/29/14 I DAM 1 0002 DE I 1 OF 1
/