FPL Subordination (Project 215615934) INSTR 6196930 OR 6077 PG 404
PROJECT: Collier County 215615934 RECORDED 1/28/2022 2:26 PM PAGES 5
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
This instrument prepared by: COLLIER COUNTY FLORIDA
REC$44.00
Florida Power&Light Company
P. O.Box 1119
Sarasota,FL 34230-1119
SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR
REIMBURSEMENT FOR ADDIT I NAL FACILITY RELOCATIONS
THIS AGREEMENT,entered into this//day . , 2022, by and between COLLIER
COUNTY,a political subdivision of the State of Florida,her,' after calle, the"County",and FLORIDA POWER&LIGHT
COMPANY,a Florida Corporation,whose mailing address P.O.Box 4000,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 the 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 for construction,operation and March 22, ORB 5933,Page 1198, of the
maintenance of overhead and underground electric 2021 Public Records of Collier
utility facilities County,Florida
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. MD
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written.
A F1'EST: ""` " BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KiINZtl.,,clevis of the COLLIER COUN ►';'
Circuit Court,*Cor4t�t roller.. ,,7 6.2,,
01110
(J� Lik •; pC • BY:
Attest as- to puts‘Clerk
�1�'�'`
signa#utrgtt 1.. William L. McDaniel, Jr., Chairman
...... c
INv1.r•sv
huepAce( by peso 2azD -39J !fieNt
Signed, sealed and delivered FLORIDA POWER&LIGHT COMPANY !G az
in the presence of:
a/43lla
By: B '
itle: Corporat - eal Estate Manager
Print Nam : �u 7e y/�. S%%r-e3k rint Name: Cameron Crenshaw
By:
Print N me: r fr (Corp. Seal)
STATE OF FLORIDA, COUNTY OF SARASOTA
I hereby certify that on this day fore me,an officer duly authorized to take acknowledgements,personally appeared
Cameron Crenshaw,by means of [physical presence or❑ online notarization,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 Corporate Real Estate
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 ay o ,2022.
(affix notarial seal)
gnature o tary Public)
v`;!o. STANLEYA.S
* Commission 8 HH 1028
Expires December 11,2024
'eoiF�oP Boom Thni Budget Noays«,aoa. (Print Name of Notary Public)
Serial/Commission#(if any):
My Commission Expires:
Approved as to form an gality:
Jennifer A. Belpedio
Assistant County Attorney
EXHIBIT A
Legal Description and Sketch are on the attached pages.
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Stantec
5801 Pelican Bay Boulevard,Suite 300, Naples, FL 34108
LEGAL DESCRIPTION
Of part of Section 25, Township 48 South,
Range 26 East, Collier County, Florida
(Right-of-Way Contribution)
Part of Section 25, Township 48 South, Range 26 East, Collier County, Florida being
more particularly described as follows:
Beginning at the Northeast corner of Tract"C-4" of the plat of LAMORADA, As
recorded in PB 59, PG 1-15, Public Records of Collier County, Florida;
Thence along the South line of Right-of-Way Parcel 112, As recorded in OR 3292, PG
131-135, Public Records of Collier County, Florida for the following three (3) described
courses:
(1)Thence South 89°50'37" East, a distance of 233.84 feet;
(2)Thence North 00°08'40" East, a distance of 10.03 feet;
(3)Thence South 89°54'59" East, a distance of 426.54 feet;
Thence leaving said South line South 01°55'30" East, a distance of 11.58 feet;
Thence North 89°50'37"West, a distance of 660.75 feet;
Thence North 02°02'30"West, a distance of 1.00 feet to the POINT OF BEGINING.
Containing 5,058 square feet or 0.116 acres, more or less.
Subject to easements and restrictions of record.
Bearings are based on the South line of Parcel 112 being South 89°50'37" East.
Certificate of authorization#LB-7866
Stantec Consulting Services, Inc.
Registered Engineers and Land Surveyors
By: June 10th, 2021
Lance T Miller, Professional Surveyor and Mapper#LS5627
Ref. 215615934-SK01
Digitally signed by Lance T Miller,PSM
\\71111111!!lyya a5527
♦♦v CaEYM, d DN:cn=Lance T Miller.P5M/5627,
and the signature must be verified
'',-ta°N Ntys, la:• on any electronic copies.511A-1
., 7 't.. authentication code must be veiled
any electronic copies,ou=Digitally
_signed and sealed using a SHA-1
�_authentication code;and Printed
$$tt copiesofthisdocumentare not
STATE OF �,t`� considerfe slgnedandsealed.
FUDRIDA t! mail=lance.miller@stantecrom,
,,7j11 j-'va`1J;\\\♦♦♦ Date:2021.0410100391-04'00'
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2021.005.20048