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Whippoorwill Ln/Marbella Lakes Dr Connection Subordination of Utility Interests & Agmt for Reimbursement ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date l. 2. 3. County Attorney Office County Attorney Office 2112\a1 4. BCC Office Board of County 0. If 0�.1�`a Commissioners / 5. Minutes and Records Clerk of Court's Office OS a-ri-34 Va:stpm. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was 02/23/2010 Reso 2010-39 Agenda Item Number 16B1 Approved by the BCC Type of Document Subordination Number of Original Attached Documents Attached 1 PO number or account number if document is 333-163653 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? VR 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the VR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/10 and all changes made during VR the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Receipt# 008337473 2/18/2021 4:09:57 PM Crystal K. Kinzel Clerk of the Circuit Court and Comptroller 0 iffir gC7' :CA Customer Deputy Clerk Clerk Office Location PICK UP Maritza Orengo Collier County Govt. Center CLERK TO THE BOARD/MINS Maritza.Orengo@CollierClerk.com Building LA, 2nd Floor & REC (239) 252-7242 3315 Tamiami Trl E Ste 102 3299 TAMIAMI TRL E STE 401 Naples, Florida 34112-4901 NAPLES, FL 34112 1 Document Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Agreement 6004090 5894 2304 $35.50 TOTAL AMOUNT DUE $35.50 Clerk Account#: BCC ($35.50) BALANCE DUE $0.00 Note: 2/18/2021 4:09:57 PM Maritza Orengo: CHARGE 333-163653-649030 TRANSPORTATION ENGINEERING Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. ©GAUD® U@gOD IJLJLJ Page 1 of 1 PROJECT: 60219 Whippoorwill Lane and Marbella Lakes Drive Connection This instrument prepared by: INSTR 6004090 OR 5894 PG 2304 Florida Power&Light Company RECORDED 2/18/2021 4:09 PM PAGES 4 P. O.Box 1119 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA Sarasota,FL 34230-1119 REC$35.50 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT entered into this VI day of Fatrigor , 2021, by and between.. COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter€ailed 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 the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement 02/07/2006 3979/43 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 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 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 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 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 CRYSTAL K. KINTZEL, Clerk of the COLLIE OUNTY,FLORIDA Circuit Court&Comptroller lb: U4A.UA ' .A,(,JQC. •ME BY: . 1 al�!+ uty Clerk airman ignaure only Signed, sealed and delivered FLORIDA POWER&LIGHT COMPANY in the presence of: By: Gi/G By: 41111,0...- ItbEsTitle: A . state anager Print Name: V3' Il c Print Name: PETER K.RAMSEY By: P int ame: Sara S.Sibson (Corp. Seal) STA l'E OF FLORIDA, COUNTY OF PALM BEACH I hereby certify that on this day,before me,an officer duly authorized to take acknowledgements,personally appeared PETER K.RAMSEY, by means of physical presence or❑ online notarization,to me known and personally known to me to be the person described in,and id not take an oath and who executed the foregoing instrument as the 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 9th u ,2021. (affix notarial seal) ure of Notary Public) Sara S.Sibson iota A0,.. SARA S 51BS0N 1 r' is `; Notary Public-State of Florida , 4 P Commission p GG 272126 (Print Name of Notary Public) \,r.'pvm. - My Comm.Expires Jan 31,2023 0 Bonded through National Notary Assn. Serial/Commission#(if any):a . *__Lcz My Commission Expires: V3I 1.2.0?� Approved as to form and legality: ______4(11cir oft? A ` Jennifer A. Belpedio 9' \\ Assistant County Attorney y q 2 EXHIBIT A Page / of= *** THIS IS NOT A SURVEY *** PARCEL 113 RDUE SKETCH A PORTION OF SECTION 18 TWN 49 RNG 26 Ei 1 ( t GUSTO BELLA VITA la W CONDOMINIUM -� 1 3 NTS cr S 45'25'01" E y / 49.51' W IN 00'25'50" W ' I 35.00' l,,, /---- PARCEL 113 RDUE N. �,/� N 89'35'49" E POB / 21.00' N 52'43'02" E 49.99' S 00'25'50" E ANDALUCIA WAY POC- .. -^-' 30.00' N S 89'35'49" W N 00'25'50' W i 56.00' NIGHTHAWK DRIVE i 1 1 MARIPOSA 1 I 1 I TE - ROW o I JUN 1 5 2020 o a LEGENb: ROUE _,., ROAD RIGHT-OF-WAY,DRAINAGE&UTILITY EASEMENT P.O.C.I - POINT OF COMMENCEMENT P.0.3.1 - POINT OF BEGINNING I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VAUD WIIHOU7 THE ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027. FLORIDA STATUTES. SIGNATURE AND RAISED SEAL OF THE ORIGINFLORIDA LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM �i/ / h`��` FLORIDA REGISTRATION No. 6557 L/2/! /'�!J L/ /�/j- 4/ FOR COLLIER COUNTY � �/J %' . ' z.,,,, DATE SIGNED: a BOARD OF COUNTY COMMISSIONERS �—M TITLE COLLIER COUNTY, PLORIDA PARCEL 113 RDUE TRANSPORTATION ENGINEERING DIVISION yuv I.". "—ri-KM DATE PROD No. SHEET 1 of 2 FILE: EXHIBIT Page !!!THIS IS NOT A SURVEY " PARCEL 113 RDUE DESCRIPTION A PORTION OF SECTION 18 TWN 49 RNG 26 E DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 18,TOWNSHIP 49 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 18. THENCE N 52°43'02"E A DISTANCE OF 49.99'TO A POINT ON THE EASTERN RIGHT OF WAY LINE OF WHIPPOORWILL LANE ALSO THE POINT OF BEGINNING; THENCE N 00°25'50"W ALONG SAID RIGHT OF WAY A DISTANCE OF 35.00'; THENCE S 45°25'O1"E A DISTANCE OF 49.51'; THENCE N 89°35'49"E A DISTANCE OF 21.00'; THENCE S 00°25'50"E A DISTANCE OF 30.00; THENCE S 89°35'49"W A DISTANCE OF 56.00'; THENCE N 00°25'50"W A DISTANCE OF 30.00'; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 2292.5 SQUARE FEET,0.053 ACRES MORE OR LESS. BASIS OF BEARINGS:WEST RIGHT OF WAY LINE OF 1-75 S 01°48'32"E. TE - ROW JUN 1 5 2020 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ORIGINAL ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. FLOIDA LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM ��� J �� J FLORIDAORCO REGISTRATION No. 6557 tiG (f�Z FOR COWER COUNTY 4,0 DATE SIGNED: BOARD OF COUNTY COYIOSSIONRRS nne COLLIER COUNTY, FLORIDA PARCEL 113 RDUE TRANSPORTATION ENGINEERING DIVISION UM t0UD1 110tDtOu DIM WPM.RO DA UM OS*In-Eft DATE 1 PROJ No. LSHEET 2 of 2 IFILE: