Parcel 102DAME (2) INSTR 5913652 OR 5806 PG 3656
RECORDED 8/25/2020 4:08 PM PAGES 5
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
PROJECT: 50180—Canal Easement Acquisitions COLLIER COUNTY FLORIDA
PARCEL: 102DAME REC$44.00
FOLIO: 73310000028
SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT, entered into this l 10 day of 2020, by and between COLLIER
COUNTY, a political subdivision of the State of Florida, hereinafte called the "County", and LEE COUNTY
ELECTRIC COOPERATIVE, INC., a Florida not-for-profit corporation, whose mailing address is 4980 Bayline
Drive,North Fort Myers,FL 33917,hereinafter called "Utility".
WITNESETH:
WHEREAS, the Utility presently has an interest in certain land that has been determined necessary for
stormwater management and drainage purposes;and
WHEREAS,the proposed use of this land for stormwater facility purposes 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 any 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 land, 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 land 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 stormwater facilities over,through,upon, and/or across such land, based on
the following:
NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE
Platted Utility Easement July 3,2001 Plat Book 36, Pages 84-86
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The County and the Utility further agree that:
1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which
includes the Utility's easement identified above and additional land for stormwater management and
drainage purposes,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 any 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
adjustment is 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 land 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 ensure 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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above
written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CR1rST#L K. KIN
Clerk of the COLLIER COUNTY,FLORIDA
• D
`C>r&u 'Coul(84-Comptrdller
/34)#%."40.€411011'
Fa 9 .0 • BY:
- uty Clerk BURT L. SAUNDERS, CHAIRMAN
c t#est'ass` a
s §naI .on y�
2 CEO
Signed,sealed and delivered LEE COUNTY ELECTRIC COOPERATIVE,
in the presence of: INC., a Florida not-for-profit corporation
By: Stat-P110141(. By:
' ! � r 0
J '. `- - �� �� Title: �� � �i
Print Name: i-LLP Print Name: pe (Sail
By: • /7
lac! fr AO/� G 1. (Corp. Seal) * ,
Print Name: ., .
STATE OF FLORIDA,COUNTY OF LEE
I hereby certify that on this day,before me,an officer duly authorized to take aFknowledgements,personally
appeared by means of J physical presence or ❑ online notarization hp 111 S. V ld a) , 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 j'Vt ()(t_f_t"7 of Lee County Electric Cooperative,Inc., a Florida corporation
and acknowledged before e that5he 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 31 Stday of 0
2020.
(affix notarial seal)
(Signature of Notary Public)�
JULIE VAUGHN
' att il/PL,
Commission#GG 1231T0 j►ry ►"
Expires October 17,2021 (''lint Name of N Public) j t I i e Va uG h✓I
'$or�o��° eaaleaTMu&Apt Notary Services Serial/Commission#(if any): GG,I.23 170 JJ
My Commission Expires: ►b-I'7 ZI
Approved as to form and legality:
5°
Jennifer A. Belpedio C./ a Last revised May 29,2020
Assistant County Attorney
3
CAC)
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Exhibit "A"
Tract No. 01100-229
The North 170 feet of the South 230 feet of the East 45 feet of Lot 1 Shady Hollow Trust, a subdivision
in Section 10 Township 48 South, Range 27 East, according to the plat thereof, as recorded in Plat
Book 36 , page 84, Collier County Florida Public Records.
The above described parcel of land contains 0.18 of an acre more or less
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
INFRASTRUCTURE MANAGEMENT BUREAU—SURVEY & MAPPING SECTION
P.O. BOX 24680, 3301 GUN CLUB ROAD
=s WEST PALM BEACH, FLORIDA 33416-4680
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0
EXHIBIT "A"
TRACT NO. 01100-229
DRAWN CHECKED DATE SCALE DRAWING NUMBER SHEET
DRAWN CHECKED DATE REVISIONS HE RS 08-26-19 AS SHOWN 01100-229JDSK13.dwg 1 of 2
p44'3
1 7 _
i . EASEMENT Pi.
. .. : :'^s. * 17._ r . ,
PER PLAT "Sa ;
i ( i i 1
% VACATED 25' INGRESS & ' _, rf'c EAST LINE L07 1 •
ZJ -s � SHADY HOLLOW:'INUST
EGRESS EASEMENT �7 v '. P636 page 84-86 CCFPR ,. "��
(ORB 4172 p76 CCFPR) i . :; Ib .., wiii ., --'
WEST LINE '
l SECTION 10 -
f TOWNSHIP 48 SOUTH ; , . ; -, $0
SECTION 10 r s
r RANGE 27 EAST 1 /I/ ,/ �t t� FEAT
LOT 1 / / * ' TOWNSHIP 48 SOUTH T f ti
SHADY HOLLOW TRUST / I � RANGE 27'EAST ,' NTENDED DISPLAY SCALE
(PB 36 page 84-86) ' I , f '" s r
'.4--_ GEN[a
PARCEL Na 73310000028 e M
v I WAYNE P. MORRONI / - ,I / '�` ry PB =Flat Book ,ate
ORB 5127 page 2216 /, r ,�„� PG.-=Page , T.F
ICCFPR <„-- lti,, SF WMT)=South Florida Wgt
i SUBJECT TO THE DECLARATION / ` ' I J4 1 Marla rnent isitzct -u,'"
OF COVENANTS RECORDED IN
t , ORB='Official ok
n OR83032 p824 CCFPR � 1.-„,,,,,,,,,.1 / s ���� Records fig.
'ORB4172 p79 CCFPR / / 'x'_, .'„ CCFPR=Collier County p'eida `
ORB4194 p3147 CCFPR .. / -' .+ ,� �'„ ,, Public Record ,
0RB5497 p1275 CCFPR , / .nt 4y ,a i i i i
' 0RB5618 p1684 CCFPR 170 / I f , , rt• • - 4,=Tract No.01100-229
E 1 SEE SFWMD / I �.- '•-- (0.18 of an Acre f)
PERMIT MOD 11-00736-5 / :'I r .
.IJD ' #4 SUR.V5VORS NOTES
'• , /,. • I r i J 1.Utiless It bears the signature nd the original raised
n 1 30' DRAINAGE 230 /. I I s/- - ":;° 'w�4• seal of the Flo r li iltveyor and Mapper,this
r EASEMENT (PER PLAT) / I I.„.e.. ,4 4;�i drawing,sic is for informational
p purposes od.
IGRANT OF ,� /. I / t Aii 2.This des his not valid f
40' EASE NT r I I / a accompanie `b A e al description.
n (ORB 4058 1 7!g ' ,' / J.5' 3.2017 Aerial shown for informational,,tiq,ises only.
7 — i_ raw, "t 4,Reference information taken from a boundary and
CC R SEE' 0148 I / "
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/ I -I topographic survey for Sa41th Florida Water
„,, ,.> •___ j'j�� Management •District by Patrick B.Meeds with Stantec
__., t �•• ••i p�'17 I^ dated 23-apr-19..
n 30 _ t_ •••
p` •• { I 5.Grant of easegient in ORB 4058 page 1176 CCFPR
' i ••.• • t
�, ,'t over the southerly 40 feet of Lot 1,to peitut he grantee
o +....:i. - '-' � :. 1 �' � , (Saddlebrook Lakes Homeowners Association,Inc.)to
a 1 :.__�••• 1
___ L _M__ —�—i t operate,construct and maintain the Surface water
.,..,
=SIGNA EASEMENT management system,including,but not limited to,the
40' i ORB33 1p2367 road side pipe,pipes connecting to the lake and/or any
30' ,. CCFPR, PROPOSED control structures at the lake,all as required and
o TO BE VACATED pernutsed,yltiderlhe.SouthFlorida.Kater.Management-.•-
__ — -• District Permit.Except for maintenance of the Surface
i I Water Management System,the Grantor agrees,at its
4 ji,�` SOU,THE ST ,
SOUTH LINE LOT.'.1).„ sole expense,to provide all other maintenance did care
1 a _ ,, $.,HA t H91gLOW-TRUST CORNER LOT 1
F t0ih4:Easementand uttl--a uLes+ t
< - < . $,pcge 84-86'CCFPGR :
•
o r _ r 1/2
`' .t4,- 1 care of the Ease vNvlt ure"`
u ife I Water ManaBera4rt � � �'�i����y. 0•a
k = 1 s �a ----
hi__ 45 j
PR
{/��Nl'yT OF EASEME�I: .
THIS IS NOT A SURVEY
SECTIONS 10
CERTIFICATION TOWNSHIP 48 SOUTH, RANGE 27 EAST
I HEREBY CERTIFY that the description of the property shown hereon
was completed under my direction and that said description is true and COT,!.TER COUNTY, FLORIDA
v, correct to the best of my knowledge and belief. 0
o I FURTHER CERTIFY that this description and sketch was made under my SOUTH FLORIDA WATER MANAGEMENT DISTRICT
a,' responsible charge and meets the the Floridaable Standards of Practice fora INFRASTRUCTURE MANAGEMENT BUREAU—SURVEY & MAPPING SECTION
o description/sketch as set forth b r thoF Board of Professional P.O. BOX 24680, 3301 GUN CLUB ROAD
z Surveyors and Mappers in 5J'-17 051 ^Ipgdii Admini strative Code,pursuant
to Section472.027 rloridaStare5ta es j.
WEST PALM BEACH, FLORIDA 33416-4680
,, No search o p'abl c retords l as beeii.rIclg l 'this office. o
o DATE F IGN"'A"'"L'RE 23-0c EXHIBIT "A"
Li. n ' TRACT NO. 01100-229
'low d J.EhinkelI ,-r 1
g PROFESSIONAL S1JRV. YYR A'ND M 4iER
FLORIDA CERTIFICATE No. DRAWN CHECKED DATE SCALE DRAWING NUMBER SHEET
HE RS 08-26-19 AS SHOWN 01100-229J DSK_r3.dwg 2 of 2
C0.44�