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Folio #7082032000 PROJECT: 60094—Kirkwood Avenue Extension H INSTR 5467141 OR 5446 PG 1115 This instrument prepared by: RECORDED 11/6/2017 10:16 AM PAGES 5 DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT COLLIER Florida Power&Light Company REC$44.OOUNTY FLORIDA 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 Zrd day ofvc.r„1or+r, 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". WITNESSETH: WHEREAS, the Utility presently has an interest in certain land that has been determined necessary for drainage improvements; and WHEREAS, the proposed use of this land for drainage improvements will require subordination of the interest claimed in such land by Utility to the County; and WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the drainage and utility easement if necessary 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, if any, from or within the entire width of the drainage easement 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 drainage facilities over,through,upon,and/or across such lands,based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement 04/18/1974 OR 589, PG 954 et seq Easement 06/06/2005 OR 3828,PG 4162 et seq Easement 01/23/2006 OR 3970,PG 3749 et seq The County and the Utility further agree that: 1. "Drainage Easement", 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 drainage, 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 drainage easement 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 easement area will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities, if any. 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 drainage easement described in Exhibit "A", if such relocation or adjustment is caused by present or future uses of the drainage easement 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 drainage easement. 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. 4% ATTEST: ATTEST: ... ; , BOARD I • TY COMMISSIONERS DWIGHT E.BRQCK tleik COLLI 4',11 TY,FLORIDA 111 AA .4..II..JI,. A 'ri- BY: asst as to Chai af'S 'ut PENNY T��� R CHAP signature only. t Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY in the presence of: By: f (& By: •7717494/ Title:Corporate ReaC Estat - ger Print Name: /....../ka n Ai. L b 6-F Print Name: Mark L. Byers By: 601'..)IteiC4.102.44 . Print Name: ,4NA1E77E A /A/ (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 personal!oloipWirme to be the person described in, and did not take an oath and who executed the foregoing instrument as the —f—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 th'sl`day of AuG_T,2017. (affix notarial seal) L1Li-t YX. i nature of Notary Public) ;.4'prn�s,., its- ( ( - {rc:.. . ;_.; LILLIAN M COLE (Aid; t Name of Notary Public) `•i ± ••1 MY COMMISSION#FF060669 " PROJECT NO. 60094 PROJECT PARCEL NO. 106DE PARENT TRACT FOLIO NO. 7082032000 HIBIfi,_, _.,,, Page_/_of.3,,„ LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) PERPETUAL NON-EXCLUSIVE DRAINAGE EASEMENT THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 25 AND 26, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED IN 0.R. BOOK 3595, PAGE 1943, AND TOGETHER WITH THE EAST 85 FEET OF THE WEST 339.4 FEET OF LOT 29, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARM NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. s /' ;f im s* ri/%%/a a fit',. 1# ,gyp t, as`� 1ie \& - ,, 'v .... „•-` ,slid , l A Y r i3W § k is : 4) t : l .\ C, v - SOUTHERN REGION DEV CO ` ' ' ' , :\ O.R.3272,PAGE 2731 a d � 4 E \a• \\ PROPOSED 15' y ' DRAINAGE EASEMENT f N W+E S ........,„ ..:„....,..:.,,,„„,..:,.:.:„.„ ::,..„... ..:::..... . . ,,' •:14''''''''''''''''' - ''''E.••••'•:!: - ,• '''' .7- ''''' HI::- ' SKETCH NOT TO SCALE Collier County Growth Management Division-Transportation Engineering Department 06114/17 2:41 PM 0 PROJECT NO. 60094 PROJECT PARCEL NO. 107DE EXHIBIT 2 PARENT TRACT FOLIO NO. 70820280001 Page of 27 I',,:,,;4io'4;tk;7.:i,tl',-',:,!,'.*tn,:,,'.,t.i4..4.;,t,,i..m:'lt,.',kt...;.ili::.-V.,k..t,l.A,7,,,i,:,t:t,,'.,!Ae.,t-It5i1:i...':i"'.h4..l...tgr:"-,',,':.:.!!i•.i'i:..,i',,,iN.,4];,,,,I.t,,,ii-:!it7i'r'ie'<.‘:t.:i:,.7.'o:0.,*'.!':,to?0i,,:yi7i,:'l.„ll,:.'!,.,:'A'.k.i4,oii;'kl4,kz...i1:k;te,!..1i.:1olt4'-,,t:1:t,.iti• 11-.1ii11t,.111P';0e14•:,*l1ilg1:,l1,Ai1i11•,'•t!'.,,1k!lol1;-,,s,1',t1:::t1',4, ,i,iia,4itVi,1i,e',ft!,.i.,r!ii,1q,ipii,''k1i4`ii!il,,;,i,i:vk•'kk,',t,%1iZl1!w.oimi.i'•.,,lli1!,1,4':i1S,Mi,1c-,in1„ot.,1:,P:,i11.'„i1il1t ,.1::1,:g.!..,.:l1.,„;4:3 LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 22, 23, 24, 27, 28 AND 29, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED IN O.R. BOOK 3595, PAGE 1943, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 14 .d! d: Ni4. O5 v ii` - (� „`i ,kz h g 1 fin: k' i* f k - 41 5 ' 8 i SOUTHERN REGION DEV COQ O.R. 1659, PAGE 1401 R ; y • N... v b\9` .t:• 1 ip *: !§ 114 i ,, anti PROPOSED 15' DRAINAGE EASEMENT ..4,,,l,:::.:-ii:lt...,i,.„,.4..:4.„„,1.,00„.,,.,.,1.4:,m„i::'7,,;„-,'„,,.:,11„..4im..,.,,,.,.„i..i:.k,.„,....E,*.,.'.::.,.,,.,.,!..,::: .:.„.'.'...':„::•„:,..!...,.„,.:...:„.!.,;..,„.:!.,...7......:.,!..!....'..!..!.,,.,....'..!:..'.,.:'..!..',i.'.,!...:::.:,!:.•,....!.::,„..:°.::...:...::.:.:.,:.:.:.:...'..,:,.-...... fin: ..,..:..iI",.f..-• AYE k, 4 W J E SKETCH NOT TO SCALE 1:;°Collier County Growth Management Division-Transportation Engineering Department 06/14/17 2:43 PM PROJECT NO. 60094 PROJECT PARCEL NO. 108DE EXHIBIT �'I PARENT TRACT FOLIO NO. 70820200007 Page_ _0t3 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT THE SOUTHERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY: LOTS 18, 19, 20, 21, 30, 31, 32 AND 33, ROCK CREEK PINES, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, TOGETHER WITH THE VACATED ALLEY ADJACENT THERETO, SAID ALLEY HAVING BEEN VACATED BY RESOLUTION NO. 2004-217 RECORDED IN O.R. 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'" , f• '„ :IMI k i,, i11,i ....i ''M, OO III w+N zt ^„ S n✓ ^ , p . .» : SKETCH NOT TO SCALE Collier County Growth Management Division-Transportation Engineering Department 06/14/17 2:45 PM 0