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Agenda 10/13/2015 Item #17A10/13/2015 17.A. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20150000986, to disclaim, renounce and vacate the County's and the public interest in a portion of the 20 -foot wide drainage easement located in Tract "I" of Eagle Creek Country Club as recorded in Plat Book 14, Pages 1 through 5 of the public records of Collier County, Florida, located in Section 4, Township 51 South, Range 26 East, Collier County, Florida and to accept Petitioner's grant of a 20 -foot wide drainage easement to replace the vacated drainage easement. OBJECTIVE: To adopt a Resolution to vacate the County's and the public interest in a portion of the 20 -foot wide drainage easement located in Tract "I" of Eagle Creek Country Club as recorded in Plat Book 14, Pages 1 through 5 of the public records of Collier County, Florida, located in Section 4, Township 51 South, Range 26 East, Collier County, Florida and to accept Petitioner's grant of a 20 -foot wide drainage easement to replace the vacated drainage easement. CONSIDERATIONS: Petition VAC- PL20150000986 has been received by the Development Review Division, Growth Management Department from Douglas A. Wood, of Douglas A. Wood, P.A., as agent for the property owner, to vacate a portion of the 20 -foot wide drainage easement located in Tract "I" of Eagle Creek Country Club as recorded in Plat Book 14, Pages 1 through 5 of the public records of Collier County, Florida, located in Section 4, Township 51 South, Range 26 East, Collier County, Florida. The Petitioner proposes to vacate a portion of the existing 20 -foot wide drainage easement located within Tract "I" to accommodate a proposed recreation building and other amenities and proposes to provide a 20 -foot wide replacement drainage easement along the southern border of the new building. The drainage easement was dedicated to the County and Eagle Creek Community Association, Inc., on the plat. The replacement easement will be recorded upon approval of this vacation. The proposed vacation will not cause a public detriment because the reconfigured easement and storm pipe will not have adverse effects on the existing drainage system. Moreover, the Association, not the County, will have maintenance responsibility of the replacement easement. The Development Review Division has reviewed this petition and found no reason for objection. A letter of no objection has been received from the Eagle Creek Community Association. Comcast has agreed to subordinate its interests in any facilities located within the proposed replacement drainage area, attached hereto. The petitioner will submit a separate construction plan application for the new drainage facilities that will be installed in the replacement easement. Packet Page -2259- 10/13/2015 W.A. FISCAL IMPACT: Growth Management Department, Development Review Division staff has collected a $2,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no growth management associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval - - -SAS RECOMMENDATION: That the Board of County Commissioners; 1) approves the attached Resolution, relating to Petition VAC- PL20150000986, which will vacate a portion of the 20 -foot wide drainage easement located in Tract "I" of Eagle Creek Country Club as recorded in Plat Book 14, Pages 1 through 5 of the public records of Collier County, Florida, located in Section 4, Township 51 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, 2) accepts the Petitioner's grant of a 20 -foot wide drainage easement to replace the vacated drainage easement, 3) approves the attached Subordination documents with Comcast, and 4) directs the Clerk of Courts to record a certified copy of the Resolution in the public records and to make proper notation of this Resolution on the plat of Eagle Creek Country Club, as recorded in Plat Book 14, Page 1 through 5, of the public records of Collier County, Florida. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth Management Department Attachments: 1) Resolution w /Exhibit A & Location -Site Map, 2) Replacement Drainage Easement w /Exhibit A and 3) Subordination documents Packet Page -2260- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.A. 10/13/2015 17.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC -Pl- 20150000986, to disclaim, renounce and vacate the County's and the public interest in a portion of the 20 -foot wide drainage easement located in Tract "I" of Eagle Creek Country Club as recorded in Plat Book 14, Pages 1 through 5 of the public records of Collier County, Florida, located in Section 4, Township 51 South, Range 26 East, Collier County, Florida and to accept Petitioner's grant of a 20 -foot wide drainage easement to replace the vacated drainage easement. Meeting Date: 10/13/2015 Prepared By Name: BermanMarcus Title: County Surveyor, Growth Management Department 9/14/2015 7:55:17 AM Submitted by Title: County Surveyor, Growth Management Department Name: BermanMarcus 9/14/2015 7:55:18 AM Approved By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Growth Management Department Date: 9/14/2015 9:52:57 AM Name: FrenchJames Title: Deputy Department Head - GMD, Growth Management Department Date: 9/14/2015 4:24:46 PM Name: McLeanMatthew Title: Project Manager, Principal, Growth Management Department Packet Page -2261- Date: 9/15/2015 11:08:23 AM 10/13/2015 17.A. Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/15/2015 11:17:59 AM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/15/2015 11:18:40 AM Name: KurtzGerald Title: Project Manager, Principal, Growth Management Department Date: 9/15/2015 6:06:55 PM Name: MarcellaJeanne Title: Executive Secretary, Growth Management Department Date: 9/16/2015 1:21:08 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 9/24/2015 11:44:14 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/24/2015 1:13:11 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 9/24/2015 2:01:33 PM Name: Casa] anguidaNick Title: Deputy County Manager, County Managers Office Date: 9/27/2015 8:09:08 AM Packet Page -2262- 10/13/2015 17.A. RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 20 -FOOT WIDE DRAINAGE EASEMENT LOCATED IN TRACT "I" OF EAGLE CREEK COUNTRY CLUB AS RECORDED IN PLAT BOOK 14, PAGES 1 THROUGH 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC- PL20150000986) WHEREAS, pursuant to Resolution 201.3 -166, Petitioner, Douglas A. Wood, of Douglas A. Wood, P.A., on behalf of the property owner, has requested the vacation of a portion of the 20 -foot wide drainage easement located in Tract "I" of Eagle Creek Country Club as recorded in Plat Book 14, Pages I through 5 of the public records of Collier County, Florida, located in Section 4, Township 51 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, attached hereto; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and public interest in portion of the 20 -foot wide drainage easement located in Tract "I" of Eagle Creek Country Club as recorded in Plat Book 14, Pages 1 through 5 of the public records of Collier County, Florida, located in Section 4, Township 51 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the public interest and for the public benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the Public Records and to make proper notation of this Resolution on the plat of Eagle Creek Country Club, as recorded in Plat Book 14, Pages 1 through 5, of the public records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this the day of , 2015. 1 of 2 Packet Page -2263- t° ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legality: Scott A. Stone Assistant County Attorney 10/13/2015 17.A. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN Attachments: 1) Exhibit A, 2) Location -Site Map 15- EIS -02987 2 of 2 Packet Page -2264- 10/13/2015 17.A. 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A Florida corporation whose mailing address is 8825 Tamiami Trail East, Naples, FL 34113 (hereinafter collectively referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive drainage easement for drainage facilities, access and maintenance purposes with no responsibility for maintenance AS TO GRANTEE COLLIER COUNTY, and with responsibility for maintenance AS TO GRANTEE, EAGLE CREEK COMMUNITY ASSOCIATION, INC., to enter upon and to install drainage structures, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, various types of water control structures and any and all manner of public uti€ity facilities over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land and to place and /or excavate materials and to maintain the lakes, ponds, water courses, ditches, canals, pipes, inlets and/or water control structures located within said drainage easement at Grantee's sole discretion. This easement includes the right to remove and use any and all excavated material. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. -L9ZZ- aged 1@P12d WITNESSES: GRANTOR: VLF MM UN Eagle Creek Golf and Country Club, Inc. A Florida Corporation (Signat ) e its president (Print Name) j (Signatur i (Print Name) STATE OF (s)n n i! x-+ cJl COUNTY OFd +r. The foregoing Drainage Easement was acknowledged before me this i day of S ?yi� 20!_, by Cjnce -rte who: is personally known to me ✓ OR produced �- } lv� da fin ✓ems as proof of identity. vi F „ r, . {affix notarial Seal) -~ L (Slignature of Nota ublic) /O s (Print Name of Notary Public) •'° Serial /Commission # (if any): My Commission Expires: 3! odd? MATTHEW CONSOLAZIO Notary Public Connecticut My Commission Expires May 31, 2017 Last Rcvistd: 10/15/10 -89ZZ- aSed I@Ped R. t 1 e X A 1 10/13/2015 17.A. Z z0 �0, IoW, rW y �daQ pw Y O 0 W W oz CO CO i o5rc iOmU 0 ~ uWj W W� •''USN O)1 zW z1 °LLia+� 4 w ,m OOUs.�ON _ < oa:W 2H C y9 V,Zs K U00 0 =V4 ULL K6u2H�0 t.K - I �b a W mm / / Z � ao� 8c¢iWr Ji4i1 w � N O oo� OW KO NLLpgCg N ) g v, o LLI U � )�Z J(l�W� 2F_CZy2 N WWW��WjW Y 1..1- W !n tLLnn tWVVWNIt 1p to NFN� R' d W CO V~N »O C WU O� W JZ Iii 4v AN0 v Q. O // VJ LJ- W W oLLO� n�OU M V Z1(OzO =G.W C W W:� 0U0 UW W 2 W ZZ.RQ4Q Z 0 // � VJ �YW U' 1- NU =O W W �0 OWOZ jE F -. 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PROJECT: VAC- PL20150000986 Eagle Creek Country Club SUBORDINATION OF UTILITY INTERESTS Public Body (r�� THIS AGREEMENT is made and entered into this ��� ay of 2015, by and between COLLIER COUNTY, a political subdivision of the State of 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 COMCAST CABLE COMMUNICATIONS, LLC, successor in interest to FLORIDA CABLEVISION MANAGEMENT CORP., a Colorado corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113 -8074 (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 stormwater treatment and drainage purposes; and WHEREAS, the County's proposed use of the Property for stormwater treatment and drainage 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 of its facilities within the Property, if necessary; 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 for stormwater treatment and drainage 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 Grant of Easement 4/7/05 OR Book 3769. Page 1383 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter or adjust 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 or adjustment, including, but not limited to the cost of acquiring appropriate easements. COMCAST SUBORDINATION OF UTILITIES Packet Page -2270- 10/13/2015 17.A. 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. 8, 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, Clerk COLLIER COUNTY, FLORIDA Name: (Print or Type) COMCAST SUBORDINATION OF UTILITIES Last Revised 03/20/2013 40 Tim Nance, Chairman COMCAST CABLE COMMUNICATIONS, LLC., in successor in terest to FLORIDA CABLEVISION MANAGEM,Et T ORP., a Colorado corporation -t By: (Print Name) r C-0- -0- V f Rt1C. I iC' 719 4) ht, C /,P (Title) Packet Page -2271- Deputy Clerk Signed, sealed and delivered our presence as witnesses: W/T S (Signature) Name: - r, (Print or Type � Name: (Print or Type) COMCAST SUBORDINATION OF UTILITIES Last Revised 03/20/2013 40 Tim Nance, Chairman COMCAST CABLE COMMUNICATIONS, LLC., in successor in terest to FLORIDA CABLEVISION MANAGEM,Et T ORP., a Colorado corporation -t By: (Print Name) r C-0- -0- V f Rt1C. I iC' 719 4) ht, C /,P (Title) Packet Page -2271- 10/13/2015 17.A. R r+ STATE OF 0% COUNTY OF _ The oregoing Subordination of Utility nte[ests as acknowledg d before me thiscuj) 'r "'.day of � 201 by cq (Name), as o (Title), of COMCAST CABLE COMMUNICATIONS, LLC, successor in interest to FLORIDA CABLEVISION MANAGEMENT ..C.OR,P., a Colorado corporation, who is personally known to me or who has produced L, !tge) ('('P',,�/ - as identification. (affix notarial seal) YONHUI MIRANDA MY COMMISSION # FF901218 EXPIRES July 19, 2019 „o�, xw.o,sa ra,a.wok wrwc..anm Approved as to form and legality: 401��0/.5 Assistant County Attorney COMCAST SUBORDINATION OF UTILITIES 3 Last Revised 03/20/2013 (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission # (if any) P F C t- My Commission Expires: j Packet Page -2272- 10/13/2015 17.A. PROJECT: VAC- PL20150000986 Eagle Creek Country Club SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this el !Y_ day of f I� 2015, by and between COLLIER COUNTY, a political subdivision of the Sta of 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 COMCAST CABLE COMMUNICATIONS, LLC, successor in interest to FLORIDA CABLEVISION MANAGEMENT CORP., a Colorado corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113 -8074 (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 stormwater treatment and drainage purposes; and WHEREAS, the County's proposed use of the Property for stormwater treatment and drainage 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 of its facilities within the Property, if necessary; 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 for stormwater treatment and drainage 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 RIsCORDED BOOK, PAGE Grant or Easement 2/2/2012 OR Book 4761. Page 592 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter or adjust its facilities from or within the Property, the County shall give the Utility 90 (ninety) days' written COMCAST SUTBORDINATION OF UTILITIES Packet Page -2273- 10/13/2015 17.A. notice to do so and hereby agrees to pay the reasonable cost of such alteration or adjustment, 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. &. 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, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk Signed, sealed and delivered our presence as witnesses: l/ WIT ignature) l _ Name: (Pri t or Ty e) � ?� WITNESS (Siig(n�at'ure) }�,Yi jj�� j�ftq� d Name: i f� - �` i vI (Print or Type) COMC'AST SUBORDINATION OF UTILITIES Last Revised 03/20/2013 BY: Tim Nance. Chairman COMCAST CABLE COMMUNICATIONS, LLC., in successor inxiter st to FLORIDA CABLEVISION MANAGEME14T,CORP., a Colorado corporation By: _ (Print Name) %. %s7fJ CA (Title) Packet Page -2274- 10/13/2015 W.A. STATE OF COUNTY OF _ The foregoing Subordination of till �%� Interests was ac nowledged before me this ay of € , 2Q15 by (Name). as t fI (Title), of COMCAST CABLE COMMUNICATIONS, LLC, successor i interest to FLORIDA CABLEVISION MANAGEMENT -,CORP.. �} Colorado corporation, who is personally known to me or who has produced �11¢Qj L�1 as identification. (affix notarial seal) YONHUI MIRANDA =` 'c MY COMMISSION # FF901218 .•, .a�, r. EXPIRES Juty 19, 2019 0071398-0153 Prondallou+ySerwce.cort Approved as to form and legality: Assistant County Attorney COMCAST SUBORDINATION OF UTILITIES Last Revised 03/20/2013 �ig�ature of Notary'`Public) ` kv I Viy' mac- (Print Name of Notary Public) NOTARY PUBLIC Serial /Commission # (if any))" 13 My Commission Expires: 3� j G Packet Page -2275- Z n r M N D ro Ln Q I< 3 a N w N O N Ln 10/13/2015 17.A. NOTICE OF PUBLIC HEARING • NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby given that on Tuesday, October 13, 2015, in the Board of County Commissioner's Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND. VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 20 -FOOT WIDE DRAINAGE EASEMENT LOCATED IN TRACT "1" OF EAGLE CREEK COUNTRY CLUB AS RECORDED IN PLAT BOOK 14, PAGES 1 THROUGH 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC- PL20150000986) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All, persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item; The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. N Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you area person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112- 5356, (239). 252.8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn Deputy Clerk (SEAL) September 23 & 30, 2015 No. 700593 Packet Page -2276- • • 10/13/2015 17.A. NAPLES DAILY NEWS « Wednesday, September 30, 2015 « 23D NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby given that*on Tuesday, October 13, 2015, in the Board of County Commissioner's Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 20 -FOOT WIDE DRAINAGE EASEMENT LOCATED IN TRACT "I" OF EAGLE CREEK COUNTRY CLUB AS RECORDED IN PLAT BOOK 14, PAGES 1 THROUGH 5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC- PL20150000986) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf.of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you area person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112- 5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn Deputy Clerk (SEAL) September 23 & 30, 2015 No: 700593 Packet Page -2277-