Parcel 204RDUE
4288921 OR: 4447 PG: 3360
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL
04/29/2009 at 10:13AH DWIGHT B. BROCK, CLERK
REC m 35.50
PROJECT: Oil Well Road
PROJECT NO.: 60044
Utility Release (Parcel 204RDUE)
Retn:
CLERK TO THE BOARD
INTBROFFICB 4TH FLOOR
BXT 8406
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this.n.. day of ~,' I ,
2009 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 EMBARQ FLORIDA,
INC, fka SPRINT-FLORIDA, INCORPORATED, whose mailing address is 600 New
Century Pkwy., Mail Stop KSNCM0133-RETA600, New Century, Kansas 60031
(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 suitable and
appropriate for road right-of-way, drainage and utility purposes; and
WHEREAS, the County's proposed use of the Property for road right-of-way,
drainage and utility 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
constructing, improving. maintaining and operating a road and for road right-of-way,
drainage and utility purposes over, under, through, upon, and/or across said Property,
including, but not limited to the claim of interest based upon the following:
NATURE OF : DATE FROM OR IN FAVOR OF
ENCUMB~-,,!CE I _ _ _ ___ _ _ AGAINST
Easement __ _ j O,_6-25-1999, Lucas C. Sprint Florida,
_B_a,erma--,,__ _ ,Incorporated
RECORDED
BOOK-PAGE
O,R. Book 2563,
Pa,ge 419_ et seq
EMBARQ SUBORDINATION OF UTILITY INTERESTS
OR: 4447 PG: 3361
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,
ihny, 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. BROCK, Clerk
Fiala, Chairman
L ~ BY
EMBARQ FLORIDA, INC. fka
Sprint-Florida, Incorpo d
J ,-'
/ /'
Nam : ~c--,,^e~ ~c...((~<;
.) (Print or Type)
'A' '() </- 1/'1
'--9~ R~~\_ rlA.. ~ l\(i-C~l<</
\ W ES .gnature ~.~
. Name: ! -t' IC11,-.hr',,\ /Xi.\~ll1.
~Type)
EMBARQ SUBORDINATION or UTILITY INTERESTS
OR: 4447 PG: 3362
STATE OF ~.K.f7'2S.'lf__
COUNTY OF (f}j,n -" "',
The foregoing ubordination of Utility Interests was acknowiedged before me this
~dayof r, ,2009by W"'f{'- I-'\A"'i~(" (Name),
as ..h!...J., ~q. itle), of Embarq Florida, Inc. fka
Sprint-Florida Incorporated, ho is personally known to me or who has produced
_~~ ,. c.';~~r" t lCelU's........ as identification.
(affix notarial seal)
~,fLt: (; 6"L-t~~.f<----
1''7&'')" MICHEUE G. BROWN
.. MyAppt.Exp.11/15/12
I
(Signature of Notary Pubiic)
II, (/"",,/(p c:. __ tS!7J,~_
(print Name of Notary Public)
Serial I Commission # (if anY):_JJ!~
My Commission Expires: il/I)!/~
ik~~----r
. Assistant County Attorney
EMBARQ SUBORDINA nON OF UTILITY INTERESTS
PROJECT NO.' 60044
PROJECT PARCEL NO. 204RDUE
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
LEGAL DESCRIPTION & SKETCH A
(NOT A SURVEY) EXHIBIT
"
THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 150
FEET OF THE NORTH 180 FEET OF TRACT 6, GOLDEN GATE
ESTATES UNIT NO, 65, AS RECORDED IN PLAT BOOK 5, PAGE 88
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 0,241 ACRES, MORE OR LESS,
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NORTH PROPERlY LINE !
-- -~-
30FfET I
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L EASTHAi.FOF
PERPETUAL. NON-exClUSlVE
ROAD RIGHToOF.""y. DRAINAGE
AND UnuTY EMEMENT
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I THE SOUTH 150 FEET OF THE
I OF NORTH 180 FEET OF TRACT 6
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!-..-.. -. '- -'-. '-'. -'.-.
i PRa>oSED AOOITIONAL R1GHT-QF.WA'f (70 FEEl)
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SOUTH f'HOPEiHV UNE
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EXISTING 100 FOOT WIDE EVERGlADES BOuLEVARD RlGHr.oF.WAY
lOOFEET)/
j WEST PROPERTY UNF
-..-..-..-..-..-..-..-..-..-..-..-..-..-..-.,-..-..-..-..--.-.'-..-..-..-..-..-..-..-..-..-..-..
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NOT TO SCALE
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: CoJUer C[lljnly TransllOrtil~Oll Englneenng & Cl.rlsJrucllon MBnag8lJle0l Department
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OJlJ0J0711:1~AM
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