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Parcel 380RDUE/391RDUE INSTR 5288941 OR 5293 PG 1491 RECORDED 7/13/2016 9:05 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT PROJECT: Golden Gate Blvd. 60145 COLLIER COUNTY FLORIDA DOC@.70$0.70 REC$44.00 INDX$2.00 Utility Release SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this k`-� day of \-'0\ 3\ 2016, by and between COLLIER COUNTY, a political subdivision of the Statebf Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do 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 those certain tracts or parcels 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 road right-of-way, sidewalk, utility, drainage and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right-of-way, sidewalk, 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 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 road right of way, sidewalk, utility, drainage and maintenance 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 ENCUMBRANCE DATE RECORDED BOOK/PAGE Easement 07/18/1985 OR 1146, Page 825 et seq. Easement 12/05/2001 OR 2937, Page 1478 et seq. 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 EMBARQ SUBORDINATION OF UTILITY INTERESTS Last Revised 03/20/2013 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 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 E. BROCK,0„,,,,,( Clerk COLLIE COUNTY, LORIDA 'DI1 4,C • BY: eputy Clerk Donna Fiala, Chairman Attestas to irman's signature only. 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 °0-PAA-i2-1a_ tp-yutts By:'S\A&-\\\•- AQ--) WITNESS (Signature) Name: Doti y Pat=- Title: v i C a es 1 c)...-A- ©Petzo- .0^) s ) �. "l Name: C_crr � t.:%��� (Print or Type) X ( iii, AthAfitt to WITNESS (Si nature Name: R eltiLl C, P 1444 o (Print or Type) NOTARY BLOCK APPEARS ON THE FOLLOWING PAGE EMBARQ SUBORDINATION OF UTILITY INTERESTS Last Revised 03/20/20134: STATE OF f/0it;cD COUNTY OF C,o t('%ten. The foregoing Subordination of Utility Interests was acknowledged before me this 6 f'1. day of _To( , 2016, by 00.,,)") y l'7' a`�� (Name), as U'. c ()tux. Ae,) k- O Pette-"1/4:‘ S (Title), of EMBARQ FLORIDA, INC. dba CENTURYLINK, fka Sprint-Florida Incorporated, successor by merger to United Telephone Company of Florida, a Florida corporation, o is ersona no n m e or who has produced as identification. (affix notarial seal) a--_,S1l� (Signature of Notary Public) 4 """"•• W PAUL II CPpr p`B!�i ? � Notary Public-State of Florida (—J.% �f a Y`� Pa •` .•c My Comm.Expires Jul 1.2018 = Commission ar FF 138078 (Print Name of Notary Public) ,,,,,, •' Bonded Through National Notary Assn. Serial / Commission # (if any): My Commission Expires: Approved as to form and legality: Assistant !unty Attorney EMBARQ SUBORDINATION OF UTILITY INTERESTS Last Revised 03/20/2013 EXHIBIT "A" Page 1 of 2 o V + — 10 ti N b ! E — 8 S ✓ o g o o + c TRACT 97 n 0 0 a a O + a N JONES Sc VAUGHN OR 2207/950 PROPOSED ROADWAY EASEMENT PARCEL 380 RDUE `4'• > 3,825 SQ. FT. ----I 8 /// 5' OF ADKINS • CCI N /50 .�` SOUTH 7 0' OF TRACT 99 OR 4095/3701 • Q —/ ; ♦ NORTH 1 TRACT 99 ♦♦, GOLDEN UN T 8 ESTATES 5 PLAT BOOK 5 PAGE 19 CC • w o E LJ..I 0 N ROAN OR 1712/551 0 O u e 0 0 + — 0 - CN TRACT 100 0 + — cn OR OFFICIAL RECORDS (BOOK/PAGE) TECM - Rr)W SQ. FT. SQUARE FEET FEBPROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) FEB 0 1 2010 J EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL / USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 19 LEGAL DESCRIPTION FOR PARCEL 380 ROUE A PORTION OF TRACT 99, GOLDEN GATE ESTATES, UNIT 81 AS RECORDED IN PLAT BOOK 5, PAGE 19 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 51 FEET OF THE WEST 101 FEET OF THE SOUTH 75 FEET OF THE NORTH 180 FEET OF SAID TRACT 99. CONTAINING 3,825 SQUARE FEET, MORE OR LESS. 0 40 80 160 AY Akt-- ICHAEL A. WARD, PROFESSIONAL SURVEYOR & MAPPER SKETCH & DESCRIPTION ONLY FLORIDA REGISTRATION CERTIF ATE 301 NOT A BOUNDARY SURVEY SCALE: 1"=e0' SIGNING DATE: n � '(i NOT VALID WITHOUT THE ORIGINAL SIGNA & RAI EMBOSSED SEAL OF FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. GOLDEN GATE BOULEVARDPlanning Visualization SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT C`S�i i Mapping Surveying& PARCEL 380 RDUE 6610 Willow Park Drive,Suite 200 Naples,Florida 34109 COLLIER COUNTY, FLORIDA Phone:(239)597-0575 FAX:(239)597-0578 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050217.00.01 0001 REV 01 6 49 28 1" = 80' DEC. 2009 D.W.J. SK 380 1 OF 1 • NI L4 EXHIBIT "A" ' ">f,T`(:T `.. N—NORTH LINE OF ' TRACT 1 - ,' yY, �x Page 2 of 2 m — 'i //>c). —;',/,' /'/ X X X ; o i ,;K>c< x>. ; X N" /> �> : .— ;KA ', TRACT 1 m _ ' x,,Y 413; GOLDEN GATE ESTATES ;,k UNIT 77 ,? 'K'> PLAT BOOK 5 PAGE 15 , , ,\.< v�,\, LINE TABLE //(//,‘?(`-X, . \`,„kv�. TAYLOR & FAUST LINE BEARING LENGTH + x> `, OR 3018/2943 K,> x <>'�; L1 NO0'28'22"W 50.00' L2 589'31'15"W 299.98' ,, Tw � TRACT 2 L3 N00'28'12"W 630.19' /,',, \�\i'>' ('')< � L4 N89'31'06"E 75.00' EAST LINE OF (^X v�1 L5 S00•28'12"E 550.20' WEST 50' Of/c,`",, X. EAST LINE OF —\ L6 545'28'45"E 77.77' TRACT 1 ,<, '` ` TRACT 1 L7 N89'31'15"E 169.98' + — • ^ L8 S00'28'22"E 25.00' rn /,<=`' / ,�;< >' >\> YX' 'c" PROPOSED ROADWAY EASEMENT N �,c \' ;';K`,,;, PARCEL 391 RDUE <, ;<\,,,<>: < 54,401 SO. F. + i��x i \ , POINT OF n ,/,.//):) , % >/~C�k >\/,<, L7 7/1`BEGINNING, W =� E ' <<> . > ><Ni,,;Xf ', vim , 7, �. ), ,,,,,,,, ,79 ...r L2 ,' ,NORTH LINE OF POINT OF COMMENCEMENT, S TRAC7 1 a /22'6}00,/ ,20/ 22 -60,' 238 0; ' 239 0: 230700 ,n GOLDEN GATE BOULEVARD (CR 876) OR OFFICIAL RECORDS (BOOK/PAGE) ;%cTK > PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL / ' ' USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 15 LEGAL DESCRIPTION FOR PARCEL 391 RDUE A PORTION OF TRACT 1, GOLDEN GATE ESTATES, UNIT 77 AS RECORDED IN PLAT BOOK 5, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA LYING IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 1; THENCE N.00'28'22"W., ALONG EAST LINE OF SAID TRACT 1, FOR 50.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50 FEET OF SAID TRACT 1 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE S.89'31'15"W., ALONG SAID NORTH LINE, FOR 299.98 FEET TO THE EAST LINE OF WEST 50 FEET OF SAID TRACT 1; THENCE N.00'28'12"W., ALONG SAID EAST LINE, FOR 630.19 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 1; THENCE N.89'31'06"E., ALONG SAID NORTH LINE, FOR 75.00 FEET; THENCE S.00'28'12"E., FOR 550.20 FEET; THENCE S.45'28'45"E., FOR 77.77 FEET; THENCE N.89'31'15"E., FOR 169.98 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 1; THENCE S.00'28.22"E., ALONG SAID EAST LINE, FOR 25.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING 54,401 SQUARE FEET, MORE OR LESS. 0 50 100 200 BY: �.CJ� IC� !� /L A. WARD, PROFESSIONAL SURVEYOR k MAPPER tv SKETCH & DESCRIPTION ONLY RORIDA REGISTRATION GE TI CAk NO. 5301 NOT A BOUNDARY SURVEY SCALE: 1"=100' SIGNING DATE: 0" NOT VAUD WITHOUT THE ORIGINAL SIGN & RAISED EMBOSSED SEAL OF FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTEREDPROFESSIONAL SUR OR AND MAPPER, GOLDEN GATE BOULEVARD DA TA" SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT i NSIL U TIV A. 1 Ci EngSurveyingg Mapping PARCEL 391 RDUE 6610 Willow Park Drive,Suite 200 COLLIER COUNTY, FLORIDA -0575 Naples,Florida 34109 Phone:(239)597575 FAX::(233 9)597-0576 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY I FILE NAME I SHEET 050217.00.00 0007 6 49 28 1" = 100' FEB. 2008 S.D.L. UN 77 SK391 1 OF 1 0