Briarwood/FPL]:nteroffice Memorandum
TO:
Sue Filson, Administrative Assistant
Board of County Commissioners
FROM:
Lois Nichols, Real Property Specialist III
Real Property Management bepartment~',,,
Date: 15-Jan-98
Briarwood PUD
Subordination of Utility Interests
According to Ord. 98-8, 1/13/98 (16.D.2), the Board of County Commissioners approved the
acceptance of any conveyance necessary in the fulfillment of an obligation contained in
developer agreements previously approved by the Board.
The attached Subordination of Utility Interests provided by Florida Power and Light Company is
necessary to proceed with the construction of the Livingston Road Improvement Project as it
relates to the Briarwood PUD Development approved by the Board of County Commissioners on
4/25/95, Ord. 95-33, Plat Book 17, Page 24.
This document has been reviewed by County Attorney staff.
Please complete the document(s) as necessary and return them to my attention.
If you have any questions regarding this matter, please contact me at -8991. Thank you.
Attachment: Subordination of Utility Interests (FPL)
PROJECT: 60061 (Livingston Rd.)
PARCEL: Roadway
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT, entered into thisc?,~,z~ day of ~ ,19 ~27, by and
between COLLIER COUNTY, a political subdivision dC' the St'ate of Florida, its
successors and assigns, whose mailing address is 3301 Tamiami 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 cedain lands that have been
determined necessary for road right-of-way, sidewalk, utilities, drainage, slope, and
maintenance purposes; and
WHEREAS, the proposed use of these lands for road right-of-way, sidewalk,
utilities, drainage, and maintenance purposes will require subordination of the interest
claimed in such lands by Utility to the County, and at the request of the County, the
Utility 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 parties 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, utilities, drainage,
slope, 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
I~ncumbrance . Date Against In F~vor Of Book-Page
Easement 3/26/65 Naples Bay Florida Power & 188/72
Industries, Inc. Light Company
Subordination of Utility Interests
Page 2 of 3
PROVIDED that the following rights are granted to Utility:
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 the Lands will be subject to prior approval
by the County. Should the County require the Utility to alter, adjust, or relocate its
facilities from or within said Lands, the 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 the 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 with the operation and safety of the County's facilities.
3. The Utility agrees to repair any damage to the 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 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:
DWIGHT E. BROCK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
eldi F:Asht~n ' ~
Assistant County Attorney
Subordination of Utility Interests
Page 3 of 3
Signed, sealed and delivered
in our presence as witnesses:
ITNE, JCS (Signatu e)
Sally H Stone
Name:
(Print or Type)
WITNESS (,~ignature) ' "' ' -
Name: Donna M. Rodebaugh
(Print or Type)
FLORIDA POWER & LIGHT COMPANY,
a Florida corporation
& Assistant Secretary
Attest:
, Secretary
Florida
STATE OF: p~lrn g~.ach
COUNTY OF:
The foregoing Subordination of Utility Interests was acknowledged before me
.. ' ~- John M. Chism , Assistant Secretary,
this /'.l/,'[ day of }-¢'t_[~.: , 19 f7 , by
who is personalJy kn6wn to me .or-.who
idemi~.
(Notarial Seal)
Notary Public
(Print Name) I OFt-iCIAL NOTARY SEAL
Serial No. ~ rn~,,,~.~,~,~..,,,',~ I
My Commission ExoiCc,!OS.^RY
'f ~'COMMI,.~SION NO. CC&M,809
[ MY COMMISSION EXP. OCT. 24,1¢97
330~
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA
(941) 774-8192
34112
PROJECT NO.
PROJECT PARCEL NO.
TAX PARCEL NO,
SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY')
TIlE SOU'Ht 110 FEET OF TIlE NORTH ?30FEET OF THE WEST 100 FEET OF SECTION 3 I,
TOWNSttlP 4') SOU'FIt,RANGE 26EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 11,000 SQUARE FEET OR .2S3 ACRES MORE OR LESS.
DRAWN 13~':
CttECKEO
SCAL£:
OAI£:
Ct~3(¢C I}. RICI4MON[J '"h:;..'' ' '
PROFESSIONAL LA~JD..SUR~EYO. R '/~2406
OFFICE OF CAPIT.AL PROJECTS.'< ':~'
COLLIER COUNTY'GOVi~RNI~IENT; cOMPI'Ex'
3301 E TAMIAMI TRA~.".','HA~E'ES~, FLORIDA 34112
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