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FPL Subordination of Utility Interests 4249395 OR: 4419 PG: 1127 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/09/2009 at 02:54PM DWIGHT E. BROCK, CLERK REC m 112.00 cams 13.00 Retn: CLERK TO THB BOARD INTEROFFICE 4TH FLOOR EXT 7240 PROJECf: Davis Blvd. No. 60073 This II1StI'Ument prepered by: """,tic: r-s Florida Po &:. Light Company P. O. Box 1119 Sarasota, FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDmONAL FACIUTY RELOCATIONS nus AGREEMENT. entered into tillS ~';;..y of ~.l1-"DfTl\:ltA2008. by and be_ COlLIER. COUN1Y, a political subdivISion of the State of Florida, llereinafter called tile "County". and FLORIDA POWER &. LlOHT COMPANY, a Florida Corporation, whose mailing address is P. O. Box 14000, Juno Beach. Florida 33408, heremaftet called "Utility" WITNESETH: WHEREAS. the Utility presently has an interest in certam lands that nave been determmed necessary for highway JlUI'llO$e$; and WHEREAS, the proposed use of these lands for highway purpo.... willl'CQulre subordination of the mterest clalmcd In such lands by Utility to tile County; and WHEREAS, the COWlty IS willing to pay for the initial relocatton of the Utility's facilities within the pub1ic right-of- way to prevent conflict between tile County's use and the Utility's use, and for the benefit of each, and WHEREAS tile County, in recognition of the Utility's interest m the certain lands, is willing to pay for lllIY futw'e relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A", IIttached hereto and made a part hereof, NOW. THEREFORE, m consideratlOl1 of the mutual covenants and proml.... of the parties hereto, Utility and tile County agree as follows: UTILITY subordinate.; any and all of its interest m Its easement lands described on "EXHIBIT A" attached hereto and made a part hereof, to the inIcn:st of the County. or its successors, for the J>UI1XlIe of constnlctlng. unprovlng. maintaining and operating a road over. Ihroulh. upon. and/or across such lands, based on the following: NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK., PAGE Easement 0710212004 WaJ-Mart Stores East L.P. Florida Power &: Light O.R. Book 3599, Company Paaes 1670-1677 Easement 07/1912004 WaI-Mart Florida Power &: Light O.R. Book 3609, Companv Paaes 58-61 Easement 0712012006 Ronald Bendcnon 1995 Trust Florida Power &: Light O.R. Book 4074, &: WR-I Associates, Ltd. Pages 3291-3295 Easement 0310812007 WR-I Associates, Ltd. &: Florida Power &: Light O.R.Book4194. Ronald Beoderson 1995 Trust ~ PHCS 1273-1276 Easement 0411212007 Davis Crossmgs, LLC et a!. Florida Power &. Light O.R.Book4212, Pues 1810-1819 Easement 0211811963 Circle Four, Inc. Florida Power &. Light Unrecorded Companv Easement 0212011963 Winfield and Florida Power &. Light U nrecorded Jeannette L. Foater r, .' ---'--"'-"""'----.----....,--." ""--'-"-"''''''.'''''._'~'_._-'~'--''' OR: 4419 PG: 1128 The County and the Utility further agree that: l. "Public right-of-way", as used herein, shall mean that area whicJ:llS described in Exhibit "A" and which includes the Utilitys casements identified above and ldditionaJ lands for public right-of-way, as described in Exhibit "A". attached hereto and II*le a part hereof. 2. The Utility s.haIl have tile right to consIruct, operale, maintain, improve, add to, upgrade, remove, and relocatle facilities 011, within, and upon the public rtgtK-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, tile Utility retains the right to be reimbursed. either now or in the future, for additional relocation or adjustment of its facilities tocated presently or to be tocated on tile public right-of-way described in Exhibit" A ", if such relocat1on 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, tile cost of acqulrmg replaccment easements. 4. The Utility shall nave the right to el1ter upon the lands described 10 Exllibit "A" for the purposes outlined In Paragraph 2 abOve, mcluding the right to trim such trees, brush, and groWth which might endanger or anterfere with such facilities. The County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repaII' any damage to County facilities and to indemni1)r the County apmst any loss or damage resulting from tile Utility excrclSang its rights to construct, operate, maintain. unprove, add to, upgrade or remove its facilities on the said public right-of-way. 6. This Agreement shall not be assigned by the County ClX.CCpt to the State of Florida. IN WITNESS WHEREOF, the partlea hereto have executed this Agreement on the day and year first above written. ""~f,.'(,,' ~.." "'C-"...~..",,' ,,-,'! , '-'7 ATlltSf:,'<< , DV46~tE.B.Rati:,~ tb .' ;,_,~,,~, {,~,~~ ': :;: , ) .,.~' ,~ ~ .. BOARD OF COUNlY COMMISSIONERS COLUERCO y, RIDA N Clerk Si&ncd. sealed and !leiivered in the presence of: FLORIDA POWER &. LIGlIT COMPANY By:_kemff2 ~ Prmt Name: Kelly J. ~4- BY:~ L-- Prmt Name: Mark L. Byers Print Name: ,,",-+111< -z... <v:f ~ C. (Corp. Seal) STATE OF FLORIDA, COUNlY OF SARASOTA I llereby certi1)r that on this day, before me, an offICer duly aulllorlZCd to take acknowledgements, personally appeared Mark L. Byers. to me known and personally known to me to be tile person described 10, and did not take an oath and who executed tile forcgoil1g instrument as tile West Aret Real Estate Manager of the Florida Power &: Light Company and aclcnow1edged before me that he executed the same as such officllll in the name and on belialf of said Corporation. WITNESS my hand and official seal in the COlInty and State aforesaid thIS ~ of ~ - . 2008. My Conunission Expires: Notary SIgnature ILt J fjr/OrUiIA. NORRY PUBUC.STATE OF FLORIDA Notary P~blic S~te of~l~ri~-r 0 (} __"'7 W Kelly J. Lopez Kelly J. Lopez Commission # DD54698 7 Pnnted Name: Approved u to fomllnd Expires: MAY 01 2010 ICpI sufficleDC)': Bonded 1'h..l.'"1.I. Atlantic Bonding CO'J Inc. ~(~~~ ASSISlIIIII County A ,> FPLSubordinotion~1 OR: 4419 PG: 1129 EXHIBIT A Page. of-LL PARCEL 103FEE FEE~ 'NTER€$T That portion of Landscape Tract L-2, ldarket Center, a subdivision in Section 3, Township 50 South. Rang-e 26 Bast, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of said Section 3, said point lying on the survey base line of State Road 84 (Davis Blvd.); thence along said survey base line and the north line of said Section 3, North 89043'23" West a distance of 1,978.69 feet; thence leaving said survey base line and said north line South 00016'35" West a distance of 52.35 feet to the northwest corner of said Landscape Tract L-2 for a POINT OF BEGINNING; thence along the northerly line of said Landscape Tract L-2 South 50039'31* Bast a distance of 19.79 feet to the east line of said Landscape Tract L-2; thence leaving said northerly line run along said east line South 00017'13* West a distance of 35.17 feet; thence leaving said east line North 89043'23* West a distance of 15.36 feet to the west line of said Landscape Tract L-2; thence along said west line North 00016'35* East a distance of 47.65 feet to the POINT OF BEGINNING. Containing 636 Square feet. OR: 4419 PG: 1130 DAVIS BOUlEVARD FEE SIMPLE INTEREST EXHIBIT A ~ :2.d rr ! F;; ! TItle:"PARCEL 103FEB lDate: 01"11-2008 Scale: 1 inch =: 10 feet ./Hle: DaV1B l03FEB.des 1rIct 1: 0.015 Aaes: 636 Sq Fooc: aco- a sOS.4737e o.oU'eec: Prec:moo al/l3367: PenmeIea- a 118 Feet OOl-aSO.3\l31el11.79 ~.4323w 15.36 lXl2-oOO.1713w 35.17 ~.163Se47.6S . . ~', .0_, ....... ""'_ '_'_b ._ ",'. OR: 4419 PG: 1131 PMCEl NO. (01 DE: EXHIBIT A ~ ~ of (I - ~I'ION ~Cl U8M: .....,~. !"- I!NT Legal Description Drainage Easement THE WEST 15 FEET OIT TRACT L-2AND THE WEST 15 FEET OF TRACT C-2, MARKET O.ENTER, ACCORDING TO PLAT THEREOF RECORDED AT PLAT BOOK 41, PAGES 60 AND 61, OF THE PUBUC RECORDS OF COLUER COUNTY, FLORIDA OR: 4419 PG: 1132 EXHIBIT A Pa~ 4- of (/ PARCEL 104FEE FEE SIMPLE INTEREST That portion of Lot 3, Market Center, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Plorida. Being described as follows: Commence at the northeast corner of said Section 3, said point lying on the survey base line of State Road 84 (Davis BlVd.); thence along said surveY base line and the north line of said Section 3, North 89043'23" West a distance of 1,758.87 feet; thence leaving said survey base line and said north line South 00016'37" West a distance of 50.00 feet to the south existing right of way line of said State Road 84 (per Section 03506-2601) for a POINT OF BEGINNING; thence along the easterly line of said Lot 3, South 30041'22" East a distance of 58.31 feet; thence leaving said easterly line North 89043'32" West a distance of 150.46 feet to the west line of said Lot 3 and to the beginning of a curve concave southeasterly and having a radius of 50.00 feet; thence along the arc of said curve to the right a distance of 78.55 feet through a central angle of 90000'26" with a chord bearing North 45016'24" East to said south existing right of way line and to the end of said curve, thence along said south existing right of way line South 89043'23" East a distance of 70.46 feet to the POINT OF BEGINNING. Containing 6,237 Square feet. OR: 4419 PG: 1133 DAVIS BOULEVARD Lan EXHIBIT A Page S of 11 I ! FEE SIMPLE INTEREST Title: PARCEL 104FEE IDate: 01-11-2008 Scale: 1 inch = 40 feet IFile: Davis l04F.EE.cbl TI'ICt 1: 0.143 Acres: <<l37 Sq Feet: ao..... .; a74.4926w 0.00 Feet: Precisioa mlll3S530: Penmolcr = 358 Feet ool"13O.4122e 58.31 ~~-f f.AI'Qf ~.4332w 150.46 ()()jt..o89.4323c 70..46 ". -..-----.---.-,-,.'.,-,,-.--..--......-....--..--....-.."'''''''''-~-----'-- OR: 4419 PG: 1134 EXHIBIT A P8~ (;;, of.J.:L PARCEL 105FEE FEE SIMPlE JNmEREST That portion of Tract C-l, Market Center, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of said Section 3, said point lying on the survey base line of State Road 84 (Davis Blvd.); thence along said survey baseline and the north line of said Section 3, North 89043'23" West a distance of 1,119.07 feet; thence leaving said survey base line and said north line South 00028'45" West a distance of 50.00 feet to the south existing right of way line of said State Road 84 (per Section 03506-2601) for a POINT OF BEGINNING; thence along the east line of said Market Center, South 00028'45" West a distance of 50.00 feet; thence leaving said east line North 89043'23" West a distance of 609.45 feet to the easterly line of Lot 3, Market Center (per said plat); thence along said easterly line North 30041'22" West a distance of 58.31 feet to said south existing right of way line; thence leaving said easterly line run along said south existing right of way line South 89043'23" East a distance of 639.63 feet to the POINT OF BEGINNING. Containing 31.227 square feet. OR: 4419 PG: 1135 FEe SIMPLE INTEREST DAVIS BOULEY ARD EXHIBIT A Pa~ 7 of-Ll \ Title: PARCEL lOSFEE I Date: 01-11-2008 Scale: 1 inch == 100 feet IFile: DaVlS 105F.BE.des Tract I: 0.717 A/;:n;s: 31227 SqFeet: CIoswecn56.Q5OOw 0.00 Feet: ~n>lI999999: Pcnmoler= 1357 Feet 001...00.2845", 50.00 003ooo3O.4122"'58.31 002....s9.4323w 609.45 004cs89.4323e 639.63 TRACT C-l MARKET CFNI'ER I OR: 4419 PG: 1136 f I .1. " EIiIIllrr n.l n EXHIBIT A Pa~ Ii?' of {f LEG~SCB1f!I.QN & SKETCH '(NOT A SURVEY) ,,~ NO.lo~n=E A parcel of land situated In CoII~r County, Florida. lying in the East One Halt (1/2) ot the Northeast One Quarter (1/4) ot Section 3, Township 50 South, Range 26 East. being a part Tract " Gator Gate, according to the plat thereof, recoraed In the public records of Collier County, FlorIda in Plat Book 7, Page 2, and being also a part of Tract 2, Gator Gate Unit 2, according to the plat thereof, recorded in the public records ot CoUler County. Flonda in Plat Book 7, Page 54, being further bound ana <1escribed as follows: COClUT1encIng at the Northwest comer ot the East One Half (112) of the Northeast One Quarter (1/4) of said SectIon 3. trnince S 00' 28' 36" W along the West line of said fracllon a distance of 50,00 feet to the South right-of-way line ot State Road 84. thence S 89' 42' 19" E along saia South Hne a distance of 200.00 feet to the Point of Beginning, thence S 00' 28' 36: W along a line parallel with and 200.00 feet East of (as measured on a perpendicular) said West line of the East One Half (112) of the Northeast One Quarter (1/4) a distance of 900.00 feet; thence S 89' 42' 19" E . lei with ana 900.00 feet South ot (as measured on a perpendicular) - ~. e of State Road 84 a distance of 1.012.98 feet to the West nght ne of County 1. thence N 00' 50' 42" E along said West right-of-way line 0 aa 951 a dis of 500.04 feet to a point of IntersectJon with a curve co ha a radius of 905.71 feet and to which point a radial Me b 0 hWGSterly along sala Curve through a central angle of . 1 f t the South rtght-<lf.way line of State Road 84; thence . ht-<lf-way line a distance ot 618.76 feet to the Point of ~ ~u THE NORTH 50 FEET OF THE FOLLOWING DESCRIBED PROPERTY: SOlITH llIClHToOF-WAy LIE Of STAn: 1IllAO" N WEST fIOHToOF-WAY LIE Of CClI.MY IIllAO 111 SKETcH NOT TO SC4LE CoIIreou.,T-'1JI ~ . '~IAd~..... g lItdOtg.... 0113111111I:57 PII OR: 4419 PG: 1137 PARCEL. ~07FEE Fee~ 'N'TERe$r EXHIBIT A Pa~ 9' Of-Ll. That portion of Tract ~, Gator Gate, a subdivision as per Plat Book 7, Page 2, and that portion of Tract 2, Gator Gate Unit 2, a subdivision, as per plat thereof recorded in Plat Book 7, Page 54, Public Records of Collier County, Florida. all being in Section 3, Township 50 South, Range 26 East. Being described as follows: Commence at the northeast corner of said Section 3, said point lying on the survey base line of State Road 84 (Davis Blvd.); thence along said survey base line and the north line of said Section 3. North 89043'23N West a distance of 49~.70 feet, thence leaving said survey base line and said north line South 000~6'37H West a distance of ~OO.OO feet to the south line of the north 50.00 feet as described in warranty deed recorded in Official Records Book 4026. Page 3583, Public Records of Collier County, Florida for a POINT OF BEGINNING; thence along said south line, South 89043'23N East a distance of 76.86 feet to the end of said line and the beginning of a curve concave southwesterly, as referenced in said Official Records Book 4026, Page 3583 and having a radius of 905.7~ feet, thence along the arc of said curve to the right a distance of 473.~6 feet through a central of angle of 29055'57N with a chord bearing South 4~0~7'4~N East to the east line of said Gator Gate Unit 2 and to the end of said curve; thence along said east line South 00050'27# West a distance of 97.05 feet to the beginning of a curve concave southwesterly and having a radius of 865.7~ feet; thence along the arc of said curve to the left a distance of 602.93 feet through a central angle of 39054'~5N with a chord bearing North 40033'22# West to the end of sa~d curve and to the POINT OF BEGINNING. Containing 21.428 square feet. OR: 4419 PG: 1138 DAVIS BOULEVARD EXHIBIT ,A ~ (0 of.....LL GATOR GATE UNIT 2 PLATBOOK7,PAGE54 n ~. ~ I;d o fl ~ GATOR GATE PLAT BOOK 7. PAGE 2 Ff;ESIMPlE 'NTEReST Title: PARCEL 107FEE ID~:05-~2008 Scale: 1 inch = 60 feet lffie: 107.~ Tnct 1: 0.492 Aa-co: 21~llSqFeet: ao...n.a s232924w 0.01 Feet: l'rcc:.Woo.=1/149337: Pa1moIor= 12S0Fcet ~-rA323e 76.86 l103...oo.50:Z7w 97.05 ... I"~-"" .......-.11.-.." *** OR: 4419 PG: 1139 *** EXHIBIT /1 Page...ll of Il PARCB..NO. (D2ft:-~3' FEE SIMPlE INTEREST DAVIS BLVD. R.O.W. TAKING SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY ----- _.- - - - - - - - - - - - - - - -- -- , I .1 RADIO ROAD-A.l<.A.-S.R. 858 _ ~.V~ll. ..\S'6I-~ =....., O~. c-'" ...... - .... .. ~ II[ cc.u .. -..cJ t-!- ~ =:I -- -- -- wr_.. ..." 0-. ~!1 ~ t~ i d~ ~I! ;;- o. & ~a. I \ ~ I !2 I . ~ I ~ -- Ie. 1'" ~ _:!flIi.i~~* -- .. &oM. -.-.... . ... .. ... -""" 1 II .,._ , IA TILl..................... ... ... .....- - ....ir- -~......- .- IVC.. ~,' !;~~;; _. . =. :, ':' .. . 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I" ,... tr~ UlC ~ PUll">>,,, 10" Pllll'W ~;p"MaIClUAlllPICT__..LUL J ..........-..-.. '.. ~ ~-OI__.........._.......- I 7 ~: COLUER COUNTY WATERWAYS JOINT VENTURE VII TIllE: DAVIS BLVD. R.O.W. TAKING ':.:' ;: ;: ~OS0117.00.03:" 1 .. 1 ..... - 0001