Subordination of Utility Interests (Folio 00222300009) Parcel 156FEE PROJECT: 60168 VBR Ext(Phase 1 -Collier to 16th)
PARCEL: 156FEE
FOLIO: 00222300009
This instrument prepared by:
Florida Power&Light Company
P. O.Box 1119
Sarasota,FL 34230-1119
SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT,entered into this- day of 64160023,by and between COLLIER COUNTY,a political
subdivision of the State of Florida, hereinafter called 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 04/30/2004 3553/0299
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.
.At:
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.KINZEL,'.ClCrk of the COLLIER COUNTY, FLORIDA
Circuit Court& _'anipttolldf
„ Attest as to Chairman's pep'ty Cle° - RICK LoCASTRO,CHAIRMAN
•1 signature only ` r
Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY
in the presence of:
B By.
T. : Co orate n ger
Print Name: ifss e. Prm ame: �Mcram.. veg4s 4
B . 7 )44&
Print Name: h iLAC le -A\e35 (Corp. Seal)
STATE OF FLORIDA,COUNTY OF SARASOTA
I hereby certify that on this day,be ore me,an officer duly authorized to take acknowledgements,personally appeared
,,,.,,.., ( ret sh,✓,by means of physical presence or 0 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 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 thi_ ay of(f ,2023.
(affix notarial seal)
(Signature of N ary Public)
ti\akin 0 CD 0 i n(\
4 V pi,,. Notary Public State of Florida (Print Name oSNotary Public)
Katlynn M O'Cluinn
My Commission HH 130048
?�,, ° Expires 0511612025 Serial/Commission#(if any):
My Commission Expires:V J l t(e I LV
• a a oved a• to .- /d legality:
I �
Akk .jr ,
DEREK D.PERRY, ESQ.r
Assistant County Attorney V5
Y�
Pursuant to Agenda Dated 1/14/20,
Item No. 11 .D, Resolution No.
20-15.
2
FPL Subordination Agreement
Last revised:11/4/2o r`
EXHIBIT A
Page 1 of 1 I N
•
KORMERLY UNE OF THE SOUTHEAST 1/4 SEC 32, 7-48-S. R-27-E=
N8T12'21'E 1962.14' E
7,,,,
rn S
N
01 N
0 0
— PARK PARCEL toi
SQ.FT. Z088,887 n
.n co
AZ O
W' 7 VI
Pl
I z S89'31'10"W 20.75'—� E6 NI NIOF
NG
VS
YI3 S00'28'50'E 42.00'
xr
11¢ _./— f S89'31'10"W 1247.36'
v;m
L AL=697.01', R=2990.00', A=13'21'23" a
CB=S82'50'29'W, CH=695.43'
0
P.
COWER CNTY rq
OR 2888/3382 0
z
•
. m
C>
u
N
il
nm POINT OF
NI COMMENCEMENT
I SE CORNER SEC 32
.Nj j—TYN 485., RNG 27E.
I
SOUTH UNE SEC 32,T-48—S, R-27—E
SQ.FT. SQUARE FEET TE - ROW
OR OFFICIAL RECORDS (BOOK/PAGE) 05-21-21
LEGAL DESCRIPTION (PARK PARCEL)
A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF SECTION 32, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COWER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 32:
THENCE ALONG THE EAST UNE OF SAID SECTION 32, N.02'13'46"W., FOR 1,662.33 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL;
THENCE LEAVING SAID EAST UNE OF SECTION 32, 5.89'31'10"W., FOR 20.75 FEET;
THENCE S.00'28'50"E., FOR 42.00 FEET;
THENCE S.89'31'10"W., FOR 1,247.36 FEET TO A POINT OF CURVATURE;
THENCE WESTERLY 697.01 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 2,990.00 FEET
THROUGH A CENTRAL ANGLE OF 13'21'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.82'50'29'W. FOR 695.43 FEET;
THENCE N.02'14'58"W., FOR 1,095.98 FEET TO AN INTERSECTION WITH THE NORTHERLY UNE OF THE SOUTHEAST QUARTER (SE
1/4) OF SAID SECTION 32;
THENCE ALONG THE NORTHERLY UNE OF SAID SOUTHEAST (SE 1/4), N.8712'21"E., FOR 1,962.14 FEET TO AN INTERSECTION
WITH THE EAST UNE OF SAID SECTION 32;
THENCE ALONG THE EAST UNE OF SAID SECTION 32, S.02'13'46"E., FOR 1,052.29 FEET TO THE POINT OF BECIIgIIIII19 OF THE
PARCEL DESCRIBED HEREIN; �� ' 4 A ,l i i f
CONTAINING 2,086,867 SQUARE FEET OR 47.91 ACRES, MORE OR LESS. . G r d ri
*�:•... k\Gate''•.("*
• --- o .
0 250 500 1000 `j
SKETCH & DESCRIPTION ONLY "I °°'a:'ARD' °R0�'� `"""SU oR
NOT A BOUNDARY SURVEY S!GNNFLORIDA DAGSTRA.. CF�TIFlCATE NO. 5301 ?qy. L.
SCALE: 1"=50D' SIGN9JC DAT& •1.1JJ,��
THE SEAL APPF4RI N'J f UM "
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ALJrHORIZED�' ..? '.: ,?
SKETCH & DESCRIPTION OF: PARK PARCEL W tB4gp to IdslFar i)4109 zoo
Phone:(239)597-0575 FAX:(239)597-0578
COLLIER COUNTY, FLORIDA LB No.:6952
ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
060119.06.00 8 32 48S 27E 1" = 500' _ 5/19/21 NJM Park Parcel 1 OF 1