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Subordination of Utility Interest INSTR 5370646 OR 5365 PG 1728 RECORDED 2/23/2017 8:53 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT PROJECT: Moorings.Park Turn Lane COLLIER COUNTY FLORIDA REC$35.50 This instrument prepared by: cnAy-4 Florida Power&tight Company P.O.Box 1119 Sarasota,FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS • THIS AGREEMENT, entered into this t 541 day of : e st. 2017, by and between COLLIER COUNTY,a political subdivision of the State of Florida, hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called"Utility". WITNESETH WHEREAS,the Utility presently has an interest in certain lands that have been determined necessary for highway purposes;and WHEREAS,the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County;and WHEREAS,the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use,and for the benefit of each,and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit"A",attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on"EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over,through,upon,and/or across such lands,based on an easement recorded on June 2061 , 2001 in O.R.Book 2845,pages 2972 et seq.of the Public Records of Collier County,Florida. The County and the Utility further agree that: l. "Public right-of-way",as used herein,shall mean that area which is described in Exhibit"A"and which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A", attached hereto and made a part hereof. 2, The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed;either+now or in the future,for additional relocation or adjustment of its facilities located presently or to be Located on the public right-of-way described in Exhibit"A",if such relocation or adjustments caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to,the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in Paragraph 2 above, including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct,operate,maintain,improve,add to,upgrade or remove its facilities on the said public right-of-way. 6. This Agreement shall not be assigned by the County except to the State of Florida. 6 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. A 1`1 EST; BOA'D� AUNTY COMMISSIONERS DWIG E,l ROCK,,Clerk COL 4 : 'sUNTY,FLORID• a, ., L cuoteitB Attest as to Cha til � Clerk Porn.. A°',) G 41f^' Sigp?tuip'at , Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY in the presence of: ,„),,,, /7./, c.7 , By: By; ' /...1‘6 /1 / Title: West Area Real Estate M agerPrint Ne: 4 h )4- (�b(-e Print Name: Mark L.Byers By: r wt, L° itic5 Print Name: - 0 UJt k) C3 (Corp. Seal) STATE OF FLORIDA,COUNTY OF SARASOTA I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Mark L. Byers, to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as the West Area Real Estate Manager of the Florida Power&Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this It.day of SAr/44/, 017. (affix notarial seal) 1� --)4 • ig ature of Notary Public) 1 (Print Name of Notary Public) 2ot'."'-. `%LILLIAN M COLE rr 1 ..' MY COMMISSION#FF060669 0. Serial/Commission#(if any): \°.•„o:,,,,;. ape „f EXPIRES October 7,2017 (407)398.0153 FIorldallotaryService.com My Commission Expires: Apr oved as to form and legality: lir 'w Scott stone Assistant County Attorney APPROVED PURSUANT TO RESO. 2010-39 2 FPL Subordination Agreement Last revised:03/20/2013 ix EXHIBIT"A I Page l of 2 _� �d�s '\ 1 I z 0 00 0 \4 `\\ * 1_ N CO L j m0 P� \\ tL� r Z L_ LJ 1 Qfy ' z ZdCC I I (D Z�<m 6 o.a4 ti c/}=a~ d W Y ww < Z C..>Z N f0 W $O0 CN •COZrn '� 0 0,O N 0, MmMV I— 0 Y 2 g o .i vv)o O ' o ,"y z W L6 i o a ` W iz 0. _ x m m U WD "i W cil J W j N II• Y tti 03 CV O 'E.i ; o a2 z w Q �c V v Ulla_ g CSO I W U . cc Li Z¢lai ce 1 La 0.,74 z z is m n 8 .oUW 116 w \tot�� I r w w 8 o 7d2CJ41 ^� t wtia I Z 2 ce C3 iii �$ W m<2 W. ltt+yyl,, E ywy `k n m,n $ L-1 C 5 r� i WOW m 0 1 t�K w cc in i' w cwt C / Z000 `W U 3��Y p :L 11 o jpICfruI 0� oo�o �at ° �, G W 52660ua wi z§ aa 1 0 Dium606,4111 O L- I , mmoaadorn ('1 $ $g ` _ � to \\\ Ns�$ Z 1 HL . U �14 O 1 } r g O' ;1 3:1 8 VVV y i '''' ` p I I g o $ E E o I 4.0j i I Li x .t � w I1 o 1 Z r. csi z W I 3 = .., Z wa © az -‹ Hoy � A <cW I I 25 0, � U U I �i EXHIBIT"A Page 2 of 2 Stantec 5801 Pelican Bay Boulevard,Suite 300,Naples,FL 34108 Legal Description All that part of Tract 4, Moorings Park at Grey Oaks, a subdivision according to the plat thereof recorded in Plat Book 54, Pages 70 and 71, of the Public Records of Collier County, Florida. (Road Right of Way, Drainage and Utility Easement) All that part of Tract 4, Moorings Park at Grey Oaks, a subdivision according to the plat thereof recorded in Plat Book 54, Pages 70 and 71, of the Public Records of Collier County, Florida being more particularly described as follows: BEGINNING at the Southwesterly most corner of Tract 4, Moorings Park at Grey Oaks,thence along the boundary of said Tract 4, 34.60 feet along the arc of a circular curve concave Northwest having a radius of 25.00 feet through central angle of 79°17'34"and being subtended by a chord which bears North 49°35'54" East 31.90 feet; Thence leaving said line, North 80°51'29"East 80.70 feet; Thence South 81°54'45"East 49.09 feet; Thence South 75°31'33" East 15.81 feet; Thence North 87°19'38"East 4.23 feet; Thence North 89°06'27" East 122.26 feet; Thence South 79°06'26"East 21.57 feet; Thence South 88°08'32"East 22.88 feet; Thence North 89°14'18"East 34.13 feet; Thence North 88°15'58"East 26.67 feet; Thence North 89°28'34"East 25.00 feet; Thence North 88°35'50"East 13.53 feet; Thence North 85°25'25"East 15.93 feet; Thence South 86°11'39" East 20.97 feet to a point on the Southerly boundary of aforementioned Tract 4; Thence along the boundary of said Tract 4 in the following four(4)described courses: 1. South 83°51'33"West 57.05 feet; 2. South 89°14'42"West 379.91 feet; 3. South 00°54'07" East 10.02 feet; 4. South 89°15'06 West 38.08 feet to the POINT OF BEGINNING. Containing 0.11 acres, more or less. Subject to easements and restrictions of record. Bearings are based on the North line of Tract 4, Moorings Park at Grey Oaks, being South 90°00'00"West. Certificate of authorization#LB-7866 Stantec Consulting Services, Inc. Registered Engineers and Land Surveyors ffirelf !. By: December 5.2016 Lance T Miller, Professional Surveyor and Mapper#LS5627 Not valid unless embossed with the Professional's seal. Ref. 2G-879