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Parcel 141PUE (Embarq Subordination) \'^ V 4216883 OR: 4397 PG: 1763 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 09/30/2008 at 02:15PM DWIGHT E. BROCK, CLBRK RBC FEE 35,50 INDBXING 2,00 Project: Collier-Immokalee Interchange (Miscellaneous Projects No. 99999) PARCEL: 141PUE FOLIO: Portion of 49660081080 Retn: CLBRK TO THE BOARD INTBROFFICE 4TH FLOOR BXT 8406 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this ~ day of ~ ' 2008, by and between COLLIER COUNTY, a political subdivision of e State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "County"), and EMBARQ FLORIDA, INC. fka SPRINT-FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, a Florida corporation, whose mailing address 600 New Century Pkwy., Mail Stop KSNCAA0133-RETA 600, New Century, Kansas 66031 (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 referred to as the "Property"); and WHEREAS, the County has determined that this Property is necessary 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, Utinty 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 Property, including, but not limited to the claim of interest based upon the following: EMBARQ Real Estate ARN PRN <1 J.J'fo j OR: 4397 PG: 1764 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 a.A. Book 3968, Centex Homes Pages 4031 et seq. Declaration 2/7/2006 Bayvest, LLC Utilities a.R. Book 3978, Pages 2824 et seq. 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 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. ATTEST: DWIGHT E;: .JaRO<;,r,~, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FRIDA BY: L*' EMBARQ FLORIDA, INC. tka Sprint-Florida, Incorporated, successor by merger to United Telephone Company of Florida ESS (Signat e) Name: ~61( L-oK1.V1,v,V . (Print or Type) By: ti5 ~~~rA.'~em A.~ ~>; ~-\c.-",t ~<:.. Q-\Ovr~ SUBORDINATION OF UTILITY INTERESTS 2 OR: 4397 PG: 1765 STATE OF FCtJ ;t I () It' COUNTY OF tJ ~JrJJC (/ The foregoing Subordination of Utility Interests was acknowledged before me this -z.o day of /h)Cv~~ ,2008, by tt.)'1-YJllt.f l11ifr/ffJ'cr/ (Name), as ~SI.sTIj--/Jr S-clCIl(j~;r , (Title), of Embarq Florida, Inc. fka Sprint-Florida Incorporated successor by merger to United Telephone Company of Florida, who is personally known to me or who has produced ~/+ as identification. (affix notarial seal) /d~dd~k ......, STEPHEN S. HARMATUCK "'~~ MY COMMISSION # DDSSSS60 ~~ EXPIRFS: NovenDer 17. 2010 '0I'"d'" Fl. Nctary Diocount ^""". Co. > 1.aID-3.NQTARY (Signature of Notary Public) 5'rl--r1f-6,J ~ 1f1l;'1P'1-/dC~ - (Print Name of Notary Public) Serial/ Commission # (if any): My Commission Expires: Approved as to form and legal sufficiency: - . Wright, Assistant County Attorney SUBORDINATION OF UTILITY INTERESTS 3 MRCILttO. (4( fr~t: LEGAL DESCRIPTION - rf~p f5TLZAJ- /lJOV\f.1e x.. C LU.St V e fA.-n-(Lv4y AI'lS/) fJ t..{ Q1L:c. C ~ Gt TJ:L- '[."( v e.4SP;;; NFN r A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 23, TOWNSHIFJ 41:3 SOUTH, RANGE 26 EAST, BEING PART OF TRACT D, HERITAGE BAY COMMONS, AS RECORDED IN PLAT BOOK 43, PAGES 46 THROUGH 54, OF THE PUBLIC RECORDS OF COLLIER COUNTY, f--LORIDA AND BEING MORE PAf~TICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 0; THENCE NORTHERLY 35.22 f-TET ALONG THE WEST LINE OF SAID TRACT D AND THE ARC OF A NON-TANGENTIAL CURVE TO THE r~IGHT HAVING A RADIUS OF 182.00 FEET THf~OUGH 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"41:3'20"E., FOf~ 318.09 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT D: THENCE N.89"58'23"W. ALONG SAID SOUTH UNE, FOR 307.97 FEET TO THE POINT OF BEGINNING. CONTAiNING 5,282 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. w > 0:::: lf) o z..;- ~lf) >- :;; I <(~8~ CD C>:)-(j) I I- ""= lO o SilD"- I ZC>:u.J...; 1-,-"..;- L' :5 ~m o [3"- o I_ o o POB- SW CORNER OF TRACT D I CUR'{~ ~1 ~ ~ ~ 'l...O 'l...O r-- ......-t ~ P-. r-- c::r. m q.. 0:: C> +:: +:: +:: ***THIS IS NOT A ~URVEY'*** r W LINE OF mACT 0 TRACT 0 HERITAGE BAY COMMONS PB 43, PGS 46-54 EXHIBIT A ( _ o(~~'r_~' ~ PROPOSED t(IGHT OF 583'48'20"[ WAY LINE N89"58'23"W 307.97' S LINE OF TRACT 0 BEARING BASIS 318.09' N LINE OF 100' WIDE COCOHATCHEE CANAL RIGHT -Of---WAY CURVE TABLE '-ff-- -..--.-- DELTA CHORD CHORD BRG. 11'05'12" =J~'16' . N13'35'12"W LEGEND POB POINT OF BEGINNING PB PLAT BOOK PG(S) PAGE(S) L 1 SEE LINE TABLE C1 SEE CUINE TABLE wEJE r { o 3D 50 l. r :::J GRAPHIC SCALE 1 ": 60' PAI~CEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESEfNATIONS AND RIGHTS OF WAY, (RECOFWED AND UNRECORDm, WRllTEN AND UNWRllTEN). BEARINGS l:3ASED ON THE SOUTH LINE OF TRACT D, HERITAGE BAY COMMONS, AS RECORDED IN PLAT BOOK 43, f:>AGES 46 THROUGH 54 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SITflON 23, TOWNSHIP 41:3 SOUTH, RANGE 26 E/IST, AS HAVING A [3EARING OF N.89'58'23"W. -L----------------___._~_1i~J-~_ F;;ICHAI~D V. NESTLER DATE PROFESSIONAL SURVEYOf;; AND MAPPER FLORIDA CERTIFICATE No. LS 4786 NOT VALID UNLESS EMBOSSED WITH PROFESSIONAL'S SEAL D~ 'T T A INc.Plannin:------ll,~!~29/~8 CLIENT; . \ ^ II \ Visualization 1" = 60' CONSULTING Civil~ DRAWN DY:- 'TlTLE' - .... '-, , ..L .JL. Surveying & Mapping PTN . 1542 Camon Slreel IC:HECK~- Fort Myers, Florida 33901 I RVN (239) 278-5224 FAX: (239)278-5419 _-,--__----.___ www.consull-rwa.com SEe: 1WP: RGE: PROJECT 06017"7 02 00 SHEET Florida Certificate of Authorization #6952 23 485 26E NUMBER: '. NUMBER: " REVISED TO CORHECT SECTION/PLAT iNFORMATION 4-3-08 I'TN CH2M HILL S K ET C H & DESCRIPTION OF 1 FILE NUMBEF,: 0004-SK2