Parcel 172Fee & 176FEE (Embarq Subordination of Utility Interests) INSTR 6200102 OR 6080 PG 278
PROJECT: 60168 Vanderbilt Beach Road Ext. RECORDED 2/3/21122 3:34 PM PAGES 5
PARCEL Nos: 172FEE, 176FEE CLERK OF [HE CIRCUIT COURT-AND COMPTROLLER
FOLIO Nos: 00219400103, 46068000556 COLLIER COUNTY FLORIDA
RE('S--1.1111
SUBORDINATION OF UTILITY INTERESTS
Public Body
2-
THIS AGREEMENT is made and entered into this/V day
202, , by and between COLLIER COUNTY, a political subdivision of the State of rids,
its successors and assigns, whose mailing address is 3299 Tamiami. rail East, do the
Office of the County Attorney, Suite 800, Naples, Florida 34112, (hereinafter referred to
as "County"), and EMBARQ FLORIDA, INC., a Florida corporation, its successors,
assigns, lessees, licensees and agents, whose mailing address is 600 New Century
Pkwy., Mail Stop KSNCAA0133-RETA600, New Century, Kansas 60031 (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 road right of way, sidewalk, utility, drainage, and maintenance purposes;
and
WHEREAS, the County's proposed use of the Property for road right of way,
sidewalk, utility, drainage and maintenance purposes 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 and the
relocation of its facilities within the Property, if necessary; and
WHEREAS the County is willing to pay to have the Utility's facilities relocated if
necessary to prevent conflict between the facilities so that the benefits of each may be
retained;
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 a road right of way, sidewalk, utility, drainage, and
maintenance purposes over, under, through, upon, and/or across said Property, including,
but not limited to the claim of interest based upon the following:
NATURE OF DATE RECORDED
ENCUMBRANCE BOOK-PAGE
Non-Exclusive Cable Easement 8/17/16 OR 5304- PG 3753
2.The Utility shall have the right to construct, operate, maintain, improve, add to,
upgrade, remove, and/or relocate its facilities within and upon the Property in accordance
with the County's minimum standards for such facilities. Any construction or relocation of
facilities within the Property will be subject to prior approval by the County. If the County
requires the Utility to alter, adjust, or relocate 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, adjustment, or relocation, 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.
6. 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.
1T �ST` BOARD OF COUNTY COMMISSIONERS
,,,' 'CRYSTAL K. KINZEL, Clerk COLLIER COUNTY
• s •
•
6e)..
` a,l:.�� ti= k Will' L. McDaniel, Jr., Chairman
signature only.
Signed,sealed, and delivered EMBARQ FLORIDA, INC.,
in our pres nce as witnesses: a Florida corp ration
BY:
WITN SS ignature) a e: nnc
Title:
a I
Name: Malt(a _J ricr1 L y'Gi
(Print or Type)
WITNESS(Si tune
Name: U v/
(Print Type)
STATE OF 0 0(001
COUNTY OF IU {,,�
The foreg`Yl�oi' ,►
foregoing Subordination of Utility Interests was acknowledged before me this ( 'I
day of , , 2021.. by V. Ltv nek (Name), as
SQ,' INV MOtift&,ri (Title), f EMBARQ FLORIDA, INC., a
Florida corporation, who is personally known to me or who has produced
044020161, as identification.
(Affix notarial seal) V `— '
(Signet re oeary Public)
MONICA DUNCAN � ' "- N t Co O VUA V 1
NOTARY PUBLIC-STATE OF COLORADO (Print Name of Notary Public)
NOTARY ID 20204003193
MY COMMISSION EXPIRES JAN 24,2024 Serial/Commission#(if any):
My Commission Expires: I-Zq, Zci
Approved as to form and legality:
Jennifer A. liclpcdio �?
Assistant County Attorney \.9\
I
IT
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�..Nal $86.19•Oo*445.74' PROPOSED
PARCEL in FEE
48.262 SQ.FT.
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EKOE DEWING DRANMOE EASEI[FlT PER PLAT BOOK 4.PAGE 77
TORE PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT
OR OFFICIAL RECORDS(BOOK/PAGE)
PROPOSED FEE
S
LEGAL DESCRIPTION (PARCEL 172 FEE)
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 31.TOWNSHIP 48 SOUTH, RANGE 27 EAST,COWER COMM,
FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY SOUTHEAST CORNER OF TRACT A, GOLF CLUB OF THE EVERGLADES PHASE 1,AS
RECORDED IN PLAT BOOK 58,PAGE 67, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA;
THENCE N.65'28'16'E,ALONG THE SAID GOLF CLUB OF THE EVERGLADES PHASE 1, FOR 300.93 FEET;
TH THENCE N.1749'25'W..ALONG THE SOULNE OF SAID GOLF CLUB OF THE EVERGLADES PHASE 1,FOR 03.91 FEET
TO A POINT ON A CURVE;
THENCE EASTERLY 206.43 FEET ALONG THE SOUTH UNE OF SAID GOLF CLUB OF THE EVERGLADES PRASE 1 AND
ALONG THE ARC OF A NON-TANCDAVAL CURVE TO THE RIGHT RAVING A RADIUS OF 1.025.00 FEET THROUGH A
CENTRAL ANGLE OF 11'32'21-AND BEING SUBTENDED BY A CHORD WHICH BEARS N.7756'451.FOR 206.08 FEET TO
THE WEST LINE OF THE DRAINAGE EASEMENT DESCRIBED N OFFICIAL RECORDS BOOK 5199. PAGE 2779.OF SAC.
PUBLIC RECORDS;
THENCE S.09.08'571Y.,ALONG THE WEST UNE OF SAID DRAINAGE EASEMENT.FOR 49.31 FEET;
THENCE S.0110'401Y..ALONG THE WEST UNE OF SAID DRAINAGE EASEMENT.FOR 151.52 FEET TO A POINT ON THE
SOUTH UNE SAC.SECTION 31;
THENCE 5.66'19.0011/..ALONG THE SOUTH UNE OF SAD SECTION 31, FOR 445.74 FEET TO THE POINT OF BEGINNING
OF THE PARCEL DESCRIBED HEREIN; ,,,,,,,M„.AA
CONTAINING 48.282 SQUARE FEET OR 1.11 ACRES,MORE OR LESS. :‘Graf)A •,
BEARINGS ARE BASED ON STATE PLNE COORDINATES.FLORIDA EAST ZONE. ` �.��titca/�,:�^p
••c 5301 0.
0 p 100 N0 ' �A ••
•SKETCH & DESCRIPTION ONLY ----- HMO.� �
NOT A BOUNDARY SURVEY REALM l'.410'
FOR:COWER COUNTY GOVERNMENT BOARD MY OF COUNTY CO65IONERS RRIFWW1li rrNa XI
VANDERBILT BEACH ROAD EXTENSION
BOTCH & DESCRIPTION OR ■�e Ynb.r,�Oe,.N1„a0o
NAIM Rw1Y>•,A
PROPOSED FEE SIMPLE ACQU181TION ne 7020",Fmi!rAlt lM:OM
PARCEL 172 FEERIki La No NM
COLLIER COUNTY, PWRDA ENGINEERING
JOB MURDER REVISION SECTION TOWNSHF, 101461 SCALE DAZE DRAWN BY I FILE NAME SHEET
060119.06.00 8 31 48S 27E 1- = 120' 4/16/21 DAM I SK172FFEE I OF 1
EXHIBIT .a
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PROPOSED
PARCEL 176 FEE
ME NONE rn.UD 22059 SQ. FT.
TRACT A
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------ 536 537
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FEE PROPOSED FEE SIMPLE ACQUISITION
OR OFFICIAL RECORDS (BOOK/PAGE)
L.., PROPOSED FEE
LEGAL DESCRIPTION (PARCEL 176 FEE)
TRACT R1, GOLF CLUB OF THE EVERGLADES PHASE 1, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 58
PAGE 67 OF THE PUBLIC RECORDS OF COWER COUNTY FLORIDA
CONTAINING 22,959 SQUARE FEET, MORE OR LESS. A 1111 1 1 r 1,,,
rael A. 1 y''-�.G.......,. d
..4viiCate ..^°"A
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MAY 18,2021 5307
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0 60 IRO ,a-so , if lb 2I
SKETCH & DESCRIPTION ONLY _ ,._...--^ 1 f not MR cnemun w. 1 I
NOT A BOUNDARY SURVEY SCAM r'-1110' SIONNO 0
ATe
OM
FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS TM q�w IMAM A INNO.ns
VANDERBILT BEACH ROAD EBTENSION
SKETCH & DESCRIPTION OF: MO Willow Puk Onus.awls srr
N.ps., **75 F C1(rY
PROPOSED FEE SIMPLE ACQUISITION Phone 1567-0575 FAX(7H)5A7-0575
PARCEL 176 FEE Frillilli. LB No IOU
COLLIER COUNTY, FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
060119.06.00 8 31 48S 27E 1. = 120' 4/15/21 DAM SK176FEE 1 OF 1 `