Parcel 172FEE & 172SUE
PROJECT: 99999
PARCELS: 172FEE & 172SUE
INSTR 4335768 OR 4486 PG 2425
RECORDED 8/27/2009 4:26 PM PAGES 6
g~~~I~~ ~~~~T~ CLERK OF THE CIRCUIT COURT
REC $52.50
This instrument prepared by:
N\AiL C- &I a..c;
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 Z:!t.- day of AUGl.tsr ,2009, 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 DATE FROM OR AGAINST IN FAVOR OF RECORDED
ENCUMBRANCE BOOK, PAGE
Plat Book Dedication 8/1/1996 Wynn Real Estate Partnership Dedication Plat Book 27,
Pa es 1-2
Easement 7/22/1988 Florida Power & Light O.R. Book 1367,
Com an Pa e 960
Easement 11/29/1990 Florida Power & Light O.R. Book 1575,
Com an Pa e 1001
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.
~
:r~ INl\liY ~ll have the {~~r ~~.~~By:~..~~te, .1llilil)Jjju,.. improve,. .add to, upgrade,. remove, . and. n~J9~~
faci ities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the Countyis
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 publ~c right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present
or future uses of the nght-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 outlineo 1..
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 insure 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
ATTEST:
DWIGHT E. BROCK!.Cluk.
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Signed, sealed and delivered
in the presence of:
(
BOARD OF COUNTY COMMISSIONERS
COLLIER CO Y, FLORIDA / _
~~d
BY:
DONNA FIALA, CHAIRMAN
FLORIDA POWER & LIGHT COMPANY
Print Name:
By~./1!2~
Title: West Area Real Estate Man~
Print Name: Mark L. Byers
By:
By:
~~
Print Name:
AM Ie 2.... c.v.l E ~
(Corp. Seal)
STATE OF FLORIDA, COUNTY OF SARASOTA
I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally
appeared Mark L. Byers, 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 West Area 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 this(r~ay Of~2009.
(affix notarial seal)
NOTARY PUBUC.STATE OF FLORIDA
~ Kelly J. Lopez
Commission # DD546987
Expires: MAY 01,. 2010
Bonded Thru Atlam1e DOMing (;0., Ifill.
(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
Approved as to form and
legal sufficiency:
~~~r;;~--
Assistant County Attorney
,"-
2
FPL Subordination Agreement
EXHIBIT A
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PARCEl NO. 171 FeE
LEGAL DESCRIPTION
(0.96 ACRE RIGHT-OF-WAY CONVEYANCE)
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA, THE COUNTY OF
COLLIER LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND BEING
PART OF TRACT "B" AND "0" SUNGATE CENTER P.U.D. AS RECORDED IN PLAT BOOK
27, PAGES 1 AND 2, THE PU8L1C RECORDS OF COLLIER COUNTY, FLORIDA.
BEGINNING AT SOUTHEAST CORNER OF SAID TRACT D:
THENCE S.89'30'50"W., ALONG THE SOUTH LINE OF SAID SUNGATE CENTER P.U.D.
FOR 660.07 FEET TO THE WEST LINE OF SAID TRACT "8";
THENCE N,00'29'OB"W., ALONG SAID WEST LINE FOR 64.25 FEETi
THENCE N.89'30'50"E.. FOR 235.00 FEET;
THENCE 5.00'29'08>> E., FOR 2.25 FEET;
THENCE N.89'30'50"E., FOR 393.62 FEET;
THENCE N.52"59 '23" E., FOR 39.14 FEET;
THENCE 5.00'29'08" E., FOR 85.29 FEET TO THE POINT OF BEGINNING OF THE
PARCEL DESCRI8ED HEREIN.
FEE SIMPlE
INTEREST
CONTAINING 4',819 SQUARE FEET OR 0.96 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE EAST LINE OF THE ABOVE DESCRIBED PARCEL AS
BEING N.OO'29'08"W.
NOT VALID WITHOUT SIGNATURE AND RAISED SEAL OF A PROFESSIONAL SURVEYOR
BY~____________~__________________
RICHARD V. NESTLER. LS# 4786
PROFESSIONAL LAND SURVEYOR
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DATE SIGNED
TEeM - ROW
OCT 2 3 200S
SEE SHEET 2 fOR SKETCH
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WYNN PROPERTIES INC
TITLE: LEGAL DESCRIPTION
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PARCEl NO. l L 2S'U~
LEGAL DESCRIPTION (PROPOSED SHARED SLOPE, CONSTRUCTION & UTILITY EASEMENT)
A PARCEL OR TRACT OF LAND SlnJATED IN. THE STATE Of FLORIDA, THE COUNIY OF
COLLIER LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND BEING PART
OF TRACT "8" AND "D" SUNGATE CENTER P.U.D. AS RECORDED IN PLAT BOOK 27,
PAGES 1 AND 2, THE PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA.
COMMENCING AT THE SOUTHEAST CORNER Of TRACT 0;
THENCE N.00'29'OanW., FOR 85.29 FEET;
THENCE S.S2'S9'23"W., FOR 8.89 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED; .
THENCE CONTINUE S.52'S9'23"W., FOR 30.24 FEET;
THENCE S.89'30'50"W., FOR 393.62 FEET;
THENCE N.OO'29'08"W., FOR 2.25 FEET;
THENCE S.89'30'SO"W., FOR 235,00 FEET TO THE WEST LINE OF SAID TRACT "8";
THENCE N.OQ'29'10"W" FOR 15,75 FEET;
THENCE N.8S'30',50" E., FOR 652.92 fEET; TO THE POINT OF BEGINNING OF THE ,PARCEL
DESCRIBED HEREIN.
CONTAINING 11,005 SQUARE FEET OR 0,25 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE EAST LINE OF' THE ABOVE DESCRIBED PARCEL AS BEING
N .OO'29'08"W.
NOT VAllO WITHOUT SIGNATURE AND RAISED SEAL OF A PROFESSIONAL LAND SURVEYOR
BY; ~--___________~______ _ /~~i1~t~-
RICHARD V. NESTLER, LsD 4786 DATE SIGNED
PROFFESIONAL LAND SURVEYOR
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OCT 2 3 2008
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