Parcel 141PUE (FPL Subordination)
4185765 OR: 4375 PG: 1458
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
07/03/2008 at 08:56AM DWIGHT B. BROCK, CLBRK
RBC FBB
COPIBS
27.00
3.00
Retn:
CLBRK TO THB BOARD
INTBRomCB 4TH FLOOR
BIT 8406
Project: Collier-Immokalee Interchange
(Miscellaneous Projects No. 99999)
PARCEL: 14IPUE
FOLlO: Portion of 4966008I080
This instrument
L!::1 L.
Florida Power
P.O.BoxII19
Sarasota, FL 34230-1119
SUBORDINATION OF UTILITY INTERESTS
AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT, entered into this 1101.JI day of IVLY ,2008, 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".
WI TNESET H:
WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for pathway,
public utility and maintenance purposes; and
WHEREAS, the proposed use of these lands for pathway, public utility and maintenance 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 nght-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 pal1 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 installing, constructing, maintaining
and repairing pathways and public utilities 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
. P~at Book Dedication 6/8/20()5 Bayvcst, LLC Public lJtilities Plat Book 43,
Pages 46 - 54
Declaration 6/20/2006 Bayvest, LLC & Centex Homes Utility Companies O.R. Book 3968,
Pages 4031 et sea.
Declaration 2/7/2006 Bayvest, LLC Utilities O.R. Book 3978,
I Pages 2824 et sea.
The County and the Utility further agree that:
I.
"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 hefeof.
"
The Ut;lity shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate
facilities on, within, and upon the public right-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, 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 public right-of-way described in Exhibit "A", if such relocation 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, 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 outlined in
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. BRQdk/tftrk
..~~..::' - ' , . ~,".
BOARD OF COUNTY COMMISSIONERS
::LL~rb-
TOM HENNING, CHAIRMAN
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Signed, sealed and delivered
in the presence of:
FLORIDA POWER & LIGHT COMPANY
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Print Name Kelly J. Lo ez
By:
Title:
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By: :V:1
Print Name: Mark L. Byers
Print Name:
>~
Mark Zwieg
(Corp. Seal)
STATE OF FLORIDA, COUNTY OF SARASOTA
Approved as to form and
legal sufficiency:
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 16ty of ~ 2008.
My Commission Expires: "lota!'; Signature: -~j~~ 6'
Notary Public State of Florida
NOTARY PUBLIC-STATE OF FLORIDA
Printed Name: ---w !<,plly J Iopez
Commission # DD546987
Expires: MAY 01, 2010
Bonded Thrl1 Atlantic Bonding Co., Inc.
~ Ad. /bc}ID
(YE ~^ T CL.... ~l\
Assistant County Attorney
2
FPL Subordination Agreement
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***THIS IS NOT A pURVEY***
*** OR: 4375 PG: 1460 ***
W LINE OF TRACT D
TRACT D
HERITAGE BAY COMMONS
PB 43, PGS 46-54
EXHIBIT
~ i of
A
(
PROPOSED RIGHT
o
~
S83"48'20"E
OF-WAY liNE
N89'58'23"W 307.97'
S LINE OF TRACT D
BEARING BASIS
318.09'
POB
SW CORNER OF
TRACT 0
N LINE OF 100' WIDE COCOHATCHEE
CANAL RIGHT-OF -WAY
CURVE
C1
CURVE TABLE
DELTA
11'05'12"
CHORD BRG.
N13'35'12"W
E
LEGEND
POB - POINT OF BEGINNING
P8 PLAT BOOK
PG(S) PAGE(S)
L 1 SEE LINE TABLE
C1 SEE CURVE TABLE
o
GRAPHIC SCALE
1"~ 60'
30 60
,
MlIII.ttO. /4/ frut:
LEGAL DESCRIPTION - h::~PJ:'T'-'<.A,L.- AIorJ.~c;(CU.1.sr.VE FA-n{l<AY Al\fb
fJL.{ Q/t...:c.c.. 'G(,I:L.,'C,v F--4Sf=NF-N.r
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING PART OF TRACT 0, HERITAGE BAY COMMONS, AS RECORDED IN
PLAT BOOK 43, PAGES 46 THROUGH 54, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAIO TRACT 0;
THENCE NORTHERLY 35.22 FEET ALONG THE WEST LINE OF SAID TRACT D AND THE ARC OF A NON-TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 182.00 FEET THROUGH 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.83'48'2D"E., FOR 318.09 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 0:
THENCE N.89'58'23"W. ALONG SAID SOUTH LINE, FOR 307.97 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.282 SQUARE FEET OR 0.12 ACRES, MORE OR LESS.
PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS ANO RIGHTS OF WAY, (RECORDED AND
UNRECORDED, WRITTEN AND UNWRITTEN).
BEARINGS BASED ON THE SOUTH LINE OF TRACT 0, HERITAGE BAY COMMONS, AS RECORDED IN PLAT BOOK 43,
PAGES 46 THROUGH 54 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 23,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS HAVING A BEARING OF N.89'58'23"W.
1---_______________~__1I4~_?_
RICHARD V. NESTLER DATE
PROFESSIONAL SURVEYOR AND MAPPER
FLORIOA CERTIFICATE No. LS 4786
NOT VALID UNLESS EMBOSSED WITH PROFESSIONAL'S SEAL
D\lTA INC't~on
CONS UL TING Civil &gineering
.&.. '-, , ..I... ..... SlllVeying & Mapping
1542 Carson Slreet
Fort Myers, Aorlda33901
(239) 278-5224 FAX: (239) 278-5419
WWW.consull-rwa.com
Florida Certlficate of Authorization #6952
DATE: CUENT:
2/29/08
REVISED TO CORRECT SECTION/PLAT INFORMATION 4-3-08 PTN
SCALE:
1" - 60'
DRAWN BY: TITLE;
PTN
CH2M HILL
SKETCH & DESCRIPTION
CHECKED6Y: I
RVN I
;EO, "", "Of, PROJECT 060177 Dc. 00
23 485 26E NUMBER: . L.
SHEET
NUMBER:
OF 1
FILE
NUMBER:
0004-SK2