Parcel 150DAME Subord Utility Interests
168 1
PROJECT: Royalwood/Whitaker Rd.
(LASIP Project No. 51101)
PARCEL: 150DAME
INSTR 4404801 OR 4545 PG 1688
RECORDED 3/12/20101024 AM PAGES 3
DWIGHT E. BROCK
COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $2700
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this Z. '? day of r~ b . , 2010,
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 COM CAST 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 referred to as the "Property"); and
WHEREAS, the County has determined that this Property is suitable and appropriate for
drainage, access and maintenance purposes; and
WHEREAS, the County's proposed use of the Property for drainage, access 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 constructing,
installing, maintaining, operating and accessing drainage facilities over, under, through, upon,
and/or across said Property, including, but not limited to the claim of interest based upon a
Grant of Easement dated October 1, 2007 from Wood mere Lake Club Association, Inc. in favor
of Utility, and recorded on May 28, 2008 in Official Records Book 4364, Page 1788, et seq. of
the Public Records of Collier County, Florida.
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 faciiities. 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.
COMCAST SUBORDINATION OF UTILITIES
...11IIII
168 1
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.
. \..! ~ (f.' ,.; ~
ATT~-St. ." .~/. .
DW~HT E: . BR~K:Cterk
" .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY ~W. ~
Fred W. Coyle, Chairman
Signed, sealed and delivered
in our presence as witnesses:
~~~
Name:))ai5Y hyr'/
(Print or Type)
/U~ f2L
wrtNEsS (Signature)
Name: /I1A'(/( Cool<..
(Print or Type)
COMCAST OF THE SOUTH, INC., a Colorado
corporation
BY:~~
(Signature) -
(Print Name)
(Title)
BARBARA HAGEN
MARKET VICE PRESIDENT I
GENERAL MANAGER
STATE OF ~~rid.a
COUNTY OF ,zLIl.-
~
~ day
(Name),
(Title), COMCAST OF THE SOUTH, INC., a
known to me or who has produced
:Q). . ~ .. FRJ\N~elt~~ ~QRI;~E ~VIIIll
~ : .e: MV COMMISSION # 00878840
'" . E)('P:::u:~ 4nri! O' "Jr.' "1
L...~'l' _ d(' _r
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~Il_'~~~
gnature of Notary Publi
WCJlzVlJ .('uinlll, ~
Print Name of Notary Public
(affix notarial seal)
NOTARY PUBLIC
Approved as to form
~ncY
~A~
~
Assistant County Attorney
Serial/Commission # (if any)
My Commission Expires: ~/J/ :2JJ13
~ . . "'_ FRANCESCA CORINNE MEYER
{"f&J: '.,,~ MY COMMISSION # 00876840
-"" . EXPIRES April 01,2013
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(407) 398-0153 FIondaNolary$eIVlC".com
COMCAST SUBORDINATION OF UTILITIES
2
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SKETCH AND LEGAL DESCRIPTION
THIS :S NOT A ::UrNEY
EXHIBIT It
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L4
WOODMERE LAKES CLJB
C 8. 2t, I..)G. '::181
DRAINAGE ACCESS
AND MAINTENANCE
EASEMENT
P.O.C.
S.W CORNER OF
W(:ODMERE LAKES
CLJtI
/
V
BEARING BASIS
589'00'58"E 170.70'
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"-- N0RTH qjw li'Jr
N 60,0//2 10 \ N 650/7185
E 41/.l0J2i \ E 41731827
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:Jl~.~./t~
P.O.B: L4
WHITAKER RD
+--
60' RIGHT-C'"
WAY
LEGAL DESCRIPTION
PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT
A PN~CU_ OF LAND LYING I~; SECTION 17, TOW'<SI-iP 50 SOUTH. RA'4C::: 26
[ASI, COLL.IER COUNTY. FLORIDA, BEING MORE PP,RTlCUlARl V DESCr~l13rD AS
FOLlOWS:
+.
"
'^' .... - E
, V ---,. ,....
!
S
COMMENCING AT THE SOU1H'vVEST CORNER OF WOODMERE LAKES CLUB, A
CONDOMIN;UM t,S RECOROE:D IN CONDO BOOK 28, PAGE. .38. Ot:" THE" PUBliC
r~ECORDS OF COLLIER COUNTY. F~CRIDA. ALSO BtlNG /\ POINT ON THE
NORTHERLY RiGHT -O~ -WAY LINE OF WHITr'\KER RO/,D, I, 60 ~oor WIDE
RIGHTer W.W;
THENCE ALONG Sft..ID N()f~T, TR~ Y R!GHT -or -WAY imiNE, S.89"OO'SS'C."'OR 17Q 70
.aT Ton i[ POINT OF BEGINNING OF TH[ PARCEL H[I;;UN DESCR,SED.
o 15 30
r---~ J
G'-~:'PHIC SCALE
1",,, 3C
THLNCT U'.AVING S'\ID RIGHT -OF -WAY liNE., N.OO":':J'02"i: rOR 11.0J "'EfT
TH[NCE S.89'OO':18"[ FOR 1 S.OO E llT,
[HENCE' S 00'59'02"'11 FOR 1100 fTET, TO .'\ pc'r~[ cr~ SA.!D NCW'HEr;;LY
t~IGHT 0, WAY UN::,
THENCE ;\LONG S^iC NORTHEFL Y RIGHT-OF -W,A.,: u~~r_. ~J.8g.00'~8'\V ;:'CR 15 UC
FEET, TO THE POINT OF BEGINNING OF THE' PAI~CFi Df-SC',i8CD d,R"N
CONTA.INING 165 SOUARE iTET MOR:: OR L.E.SS.
PARCEL NO. 150 DAME
SUOJECT TO EASEVENTS f\ND RESTRiCTIONS OF r<CCORD
BEARINGS AJr RASCO ON THE NORTHERLY RiGHT -OF - WAY l,NE or WHIT,~Kt~R
ROAD AS BEING S89'00'58'T, NORTH AMERICNJ DA'U} 198,\.Tf~!\r4S'jEr;:SE
MERCATOR. COlL.IER COLJN,Y C;PS NETwor~K.
P.O.C. r"::>~JT C~- CC\.i',AENC~~/Lr..::
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BY
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MAPPER LSll~)JO'
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S;Jut'\~F FFf-!
r3CJ.\~~' ~)F CC~;NTY
CO~A~.A: SSiCJN~~RS
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lea.1- ROW
OCT 2 9 2009
SIGNING DATE _.f~P#'l-mm.___
NOT VALID WITHOU. THE SIGNATURE AND ORIGINAL RAISED SC:A.L 0, !\
FLORID."'. LICENSED SURVEYOR.
B,O.C.l'.
:Jcl.;lOCf i )009 d,4:' .AM ~.\2008\08G27€ OC.(;Q ~\'~"~Ilef Ro.J.-'j :fY1()t(:...(>fT>~(l!S\COJJ PrOI~ct .'.;f'!",-;!fJ( C"n/ro' An.J 8,-;,;~ Map\S,<CI;;!: "'f.a 0:"SC~',l.-1,:)n,>\59 R~..' J.'\OC}l)) 760aCD<:K ';:'_f~W:;
D\X~^INC.
Planning
Visualization
CONSUL TING Civil Engineering
~ ....., , .L ... Swveying & Mapping
6610 W_ Part< Drive. Suile 200
Naples. Florida 34109
Phone: (239) 597.0575
FAX; (239) 59H)578
f lands Certificate of Authonzation , 1tr6952
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, ~1/6/09
\.:U,NT
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COLLIER COUNTY, B.O.C.C.
TiTJ WHITAKER ROAD
DRAINAGE,AB-C-ESSt\ND MAINTEN-ANCE EASEMENT
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