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Tract B1Memorandum To: From: Date: Subject: MAUREEN KENYON, SUPERVISOR MINUTES AND RECORDS ROBERT TEXTER ~'["~ REAL PROPERTY SPECIALIST II February 8, 2000 SUNTRUST BANK- UTILITY EASEMENT; Agenda Item No. 16(B)16 11/23/99 ATTACHED ARE THE FOLLOWING 2 ORIGINAL DOCUMENTS FOR YOUR SAFE-KEEPING. THE 30' x 60' EASEMENT WAS ACQUIRED BY DONATION FOR UTILITY PURPOSES AT THE INTERSECTION OF THE SOUTH R/W LINE OF VANDERBILT BEACH ROAD AND THE EAST R/W LINE OF A 100FT CANAL ADJACENT TO AIRPORT-PULLING ROAD: OFFICIAL RECORD BOOK & PAGE NUMBER: 2617/0682-0685 SUBORDINATION OF UTILITY INTERESTS/SPRINT-FLORIDA, INC. 2617/0686-0688 UTILITY EASEMENT/SUNTRUST BANK cc: Edward N. Finn, Interim Public Works Administrator w/attachment, Paul Mattausch, Water Director w/attachment, Property Appraiser w/attachment, File Copy REAL PROPERTY MANAGEMENT DEPARTMENT PROJECT: SunTrust Bank - Utility Easement PARCEL: Tract B1 FOLIO: 00235440008 UTILITY RELEASE - SPRINT-FLORIDA, INC, 2563780 OR: 2617 PG: 0682 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/02/1999 at 03:38PM DWIGHT E. BROCK, CLERK REC FEE tEAL PRO?ER?¥ EXT 8991 INTER OFFICE 19.50 COPIES 4.0O SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this 2.~ day of _oc..~o'~-'i~..._ , 19_~_, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successor§ and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "County"), and SPRINT-FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, whose mailing address is P.O. Box 2469, Naples, Florida 34106 (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 Utility presently has an interest in certain lands that have been determined necessary for utility and maintenance purposes; and WHEREAS, the proposed use of these lands for utility and maintenance purposes will require subordination of the interest claimed in such lands by Utility to the County, and at the request of the County, the Utility has agreed, subject to the following conditions, to relocate its facilities from the Utility's easement lands onto public right-of-way, or has agreed to leave its facilities on the subordinated lands (hereinafter jointly referred to as "Lands" and depicted in Exhibit A attached hereto); 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, Utility and County 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 or assigns, for the purpose of constructing, improving, maintaining and operating utility and maintenance purposes, over, through, upon and/or across such Lands, including, but not limited to, the claim of interest based on the following: Nature of Encumbrance Date Grant of 05/24/94 Easement From or Recorded Against In Favor Of Book-Page Procacci Bros. United Telephone Official Records Sales Corporation Company of Florida Book 1955 Page 0001 OR: 2617 PG: 0683 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 and indemnify the County from and against any loss or damage 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. '~.-~ ', ,:.:, ~.,,~ ~.~.; D~pdty Clerk and~legal Assistant County A~ornoy BOARD OF COUNTY COMMISSIONERS BCyO..Li IAE~d~ma n Signed, sealed and delivered esence as witnesses: WlTNESSY(S[~nature) '- ~_~~/. Name: ~'~'/~o& Y/l,/ ~.. (Print or Type) WITNESS (Signature) Name: ~4 ~"~ ~Z- ~ (Print or Type) Sprint-Florida, Incorporated successor by merger to United Telephone Company of Florida P.O. Box 2469 Naples, Florida 34106 Presid e~Jl/Vice/President OR: 2617 PG: 0684 STATE OF Florida COUNTY OF Orange foregoing Subordination of Utility Interests was acknowledged before me October ,1999 by Robert W. LonE]my (Name), v~ p~.~.~r The this of Sprint-Florida Incorporated successor by merger to United Telephone Company of Florida, personally known to me or who has produced as identification, (affix notarial seal) ('~/~ ~ .~-l~ .~ .~J~-~)~_, (Signature of Notary Public) 20th day (Title), of who is Carol A. Stone (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: cc830106 My Commission Expires: April 25, 2003 OR: 2617 PG: 0685 EXHIBIT LEGAL DESCRIPTION & SKETCH (NO T A SURVEY) THE NORTH THIRTY (30) FEET OF THE WEST SIXTY (60) FEET OF TRACT NAPLES WALK, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 30, PAGES 94 & 95. AIRPORT RD, 100 FT, RNV 30 FEET --a,. ~ 60 FEET TRACT B, NAPLES WALK CANAL R/W 100 FT, SKETCH NOT TO SCALE Collier County Real Property Management Department 04/27/99 12;54 PM 2563781 OR: 2617 PG: 0686 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/02/1999 at 03:38PM DWIGHT E. BROCK, CLERK REC FEB 15,00 DOC-,?0 ,70 COPIES 3,00 Retn: REAL PROPERTY BX? 8991 INTER OFFICE PROJECT: SunTrust Bank - Utility Easement PARCEL: Tract B1 FOLIO: 00235440008 UTILITY EASEMENT THIS EASEMENT, made and entered into this .3.,,,~' day of ~4_.'["o~0~-I," , 1999 by SUNTRUST BANK, SOUTHWEST FLORIDA, a state banking corporation, whose post office address is 12751 New Brittany Boulevard, Fort Myers, Florida 33907, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COELIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement], license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY ~ TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials including, but not limited to, sewer lines and pipes, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. All existing and future facilities are to remain below-grade and no above-grade installations are planned for this easement as the easement is only to accommodate existing underground utilities. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. THXS CONVEYANCE ACCEPCED BY ~ BOARD OF COUNTY COMHxSSXONERS, COLL[C? COUNTY, FLORZDA, PURSUANT TO AGENDA. DATED: ~ ITEM NO. ~~ OR: 2617 PG: 0687 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: Witness_.(.Sig,nature) ' Name: r~u~./;.z. E'¢~/r.~' (Print or Type) W~tness (S~gnature) Name: ~,v,~,z-~',~ ~. ~,~,~,~v~' (Print or Type) SUNTRU§T BANK, S/OUT. H~ST . st. ,.~/~.~,~ti~_/ / ! FLORIDA, 12751 New Brittany Boulevard Fort Myers, FL 33907 STATE OF 7--~u~/~-J ~ COUNTY OF /~.,~--~ T~Utility Easement_~a,s /a/q~nqwledged before me_ this , 1999 by,~_.~,~,/v /-7/./~/5~ (Name), /~ (Tittle),-of'SUNTRUST BANK, SOUTHWEST FLORibA~ state ban~ing corpor~~who ~ersonally known~to me or who has produced~.._. ~ as ide~ation. (affix notarial seal) ~ ~~ . ~ure~ Nota~ P~~ ' ~.~ ~~a,~ (P~int Name of N~ta~ ~ublic) NOTARY PUBLIC Serial/Commission ~ ~ ~ ~ O ~ ~ ~ My Commission Expires: ~ .~- of is Prepared b~-~ Robert N. Zachary, Eszlulr® Office of the County Attorney 3301 East Tamlami Trail Naples, Florida 34112 (941) 774-8400 *** OR: 2617 PG: 0688 EXHIBIT /~ _ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE NORTH THIRTY (30) FEET OF THE WEST SIXTY (60) FEET OF TRACT B, NAPLES WALK, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 30, PAGES 94 & 95. 30 FEET ............ ~. _ -, ....... S_O .UTH .R~N. _L[N.E.~ .V.AND. E.R_BI.I..T_B .F~. C_H.R.O_A.D .................. ~ 60 FEET TRACT B, NAPLES WALK AIRPORT RD. , 100 FT. R/W CANAL PJW 100 FT. SKETCH NOT TO SCALE AT Collier County Real Property Management Department 04~27~99 12:54 PM