Parcel 141PUE (Comcast Subordination)
Project: Collier-Immokalee Interchange
(Miscellaneous Projects No. 99999)
PARCEL: 141PUE
FOLIO: Portion of 49660081080
4205963 OR: 4390 PG: 0027
RICORDID in OFFICIAL RICORDS of COLLIIR COUHfY, FL
08/29/2008 at 04:04PK DWIGHT I. BROCK, CLIRK
RIC lIB 35.50
coms UO
Retn:
CLIRK TO THI BOARD
IRTIROFFICI 4TH FLOOR
BIT 7240
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this ~ qrff day of AU(Y.t:$ i:- , 2008,
by and between COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112 (hereinafter referred to as "County"), and COMCAST OF THE SOUTH, INC., a Colorado
corporation, whose mailing address is 301 Tower Road, Naples, Florida 34113-8074
(hereinafter referred to as "Utility").
WITNESSETH:
WHEREAS, the Utility has an interest in that certain tract or parcel 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
pathway, public utility and maintenance purposes; and
WHEREAS, the County's proposed use of the Property for pathway, public utility 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 installing,
constructing, maintaining, and repairing pathways and public utilities over, under, through, upon,
and/or across said Propeny, Including, but not limited to me claim of interest based upon the
following:
NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED
ENCUMBRANCE BOOK-PAGE
Plat Book 6/8/2005 Bayvest, LLC Public Utilities Plat Book 43,
Dedication Pages 46-54
Declaration 6/20/2006 Bayvest, LLC & Utility Companies O.R. Book 3968,
Centex Homes Pages 4031 et seq.
Declaration 2/7/2006 Bayvest, LLC Utilities O.R. Book 3978,
Pages 2824 et seq.
OR: 4390 PG: 0028
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 pnor approval by the County. If the County reqUIres the
Utility to alter, adjust. or relocate its facilities from or within the Property, the County hereby
agrees to pay the reasonable cost of such alteration. adjustment. or relocation. Including, but
not limited to the cost of acquinng appropriate easements.
3. The Utility shall have a reasonable nght 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 nghts 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 thaI 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 Flonda 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.
ATTEST:. ..,
DWI' T E:~lilp
~G
Tom Henning, Chairman
. Attost ute ,,@l
s19nlltu...04l1.~
BY:
lerk
Signed. sealed and delivered
In our presence as witnesses:
NU
WITNESS (Signature)
Name: HAl.1t... CoolL
(Print or Type)
~ "1 ~ Y!---,
WITNESS (Signature)
COMCAST OF THE SOUTH. INC.. successor
In Interest to FLORIDA CABLEVISION
MANAGEMENT CORP.. a Florida corporation
301 Tower Road
Naples. FL 34113-8074
i) .
By: \\. L\."\' L\.", \-\('-,~, '-
. Presldent/Vlce PreSident
Name: p!lt;.) L C;"., Jt/f4
(Print or Type)
2
OR: 4390 PG: 0029
FL.
(:oUla/{
STATE OF
COUNTY OF
(affix notarial seal)
-
(Signature of Notary
(lit ktllt
blic)
J. HILlY
"... ~ Notary PublK State of FIOOda
! J. Michel" J Huey
'\;"t ~ ; My Comf11jSSIOll 00448973
Of,.." Expires 07/1012009
-
(Print Name of Notary Public)
Senal / Commission # (if any): 1)1> If'-/'ttr73
7-/tJ -2.tJo"l
My Commission Expires:
Approved as to form
and legal sufficiency:
l'
BY:
Jeff .
- ---~--_.~
nght, Assistant County Attorney
3
*** OR: 4390 PG: 0030 ***
***THIS IS NOT A ~URVEY***
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W LINE OF TRACT D
TRACT D
HERITAGE SAY COMMONS
PS 43, PGS 46-54
EXHIB~T A
~ (_of :I_~
(l PROPOSED RIGHT_OF
~
583'48'20"E
WAY liNE 318,09'
NB9'58'23"W 307.97'
5 LINE OF RACT D
BEARING BASIS
N LINE OF 100 WIDE COCOHATCHEE
CANAL RIGHT -OF -WAY
POS
5W CORNER OF
TRACT 0
CURVE
C1
GURVE TABLE
DELTA
11'05'12"
CHORD BRG,
Nl3'35'12"W
E
LEGEND
POB - POINT OF BEGINNING
PB = PLAT BOOK
PGeS) PAGE(S)
L 1 SEE LINE TABLE
C1 SEE CURVE TABLE
o 30 60
r--- _I ----.,
GRAPHIC SCALE
1""" 60'
.....tiIO. I 41 trd,<E
LEGAL DESCRIPTION - ~f,Q"P}::TL.(.4L" MOl\Jlcx.CUJ.S..rVt:: fA-nikAY ANiD
fJu Q/t..:r:c 'L-tn:/....I:;-Y F-4Sr:N.F-N.r
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA COGNTY OF COLLIER. LYING IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEINC PART OF TRACT D, HERITAGE BAY COMMONS, AS ReCORDED IN
PLAT BOOK 43, PAGES 46 THROUGH 54, OF THE PUBliC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 0:
THENCE NORTHERLY 35.22 FEU ALONC THE WEST LINE OF SAID TRACT D AND THE ARC OF A NON-TANGENTiAL
CURVE TO THE RIGHT HAVING A RADIUS OF 1B2.00 FEU THROUGH A CENTRAL ANGLE OF 11'05'12" AND BEING
SUBTENDED BY A CHORD WHICH BEARS N.13'35'12"W. FOR 35.16 FEET:
THENCE S.83'48'20"E.. FOR 318.09 FEU TO A POINT ON THE SOUTH LINE OF SAiD TRACT D:
THENCE N.89'58'23"W. ALONG SAID SOUTH UNE. FOR 307,97 FFU TO THE POINT OF BEGINNING.
CONTAINING 5,282 SQUARE FEU OR 0.12 ACRES, MORE OR LESS.
PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY, (RECORDED AND
UNRECORDED, WRIITEN AND UNWRIITEN).
BEARINGS BASED ON THE SOUTH LINE OF TRACT D, HERITAGE BAY COMMONS, AS RECORDED 'N PLAT BOOK 4,3,
PAGES 46 THROUGH 54 OF THE PUBLIC RECORDS OF COLLIER COUNTt. FLDRIDA. LYING IN SECTION. 23,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS HAVING A BEARING OF N.89'58"23"W.
j---------------------~~-~-
RICHARD V, NESTLER DATE
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE No. LS 4786
NOT VALID UNLESS EMBOSSED WITH PRDFESSIONAL'S SEAL
D'Xl^INC.~~Oll
CONSULTING CivU:&gineenng
.... "T T .L ..a. Surveying & MappIng
1542CamOllSlre91
Fo!tMvelS,Florida33901
(Zl91278.5224 FAX: {2~) 278-5419
- WWw.consull-rwa.CQrn
AcrJdaCerUDcalaofAuthortzaUon16952
DAm CLIENT:
Z/29/08
REVISED TO CORRECT SECTION/PLAT INFORMATION 4-3-08 PTN
SCAlE:
1" = 60'
DRAWN 8Y: TITLE:
PTN
CH2V1 HILL
SKETCH & DESCRIPTION
CHECKED 1m
RVN
SE', """ "'c PRUOMJECT 0601 77 02 00 NSHUMEETSER', 1 0" 1
23 485 26E N 8ER: .. r
F,LE
NUMBER;
0004-SK2