Parcel 235RDUE (City of Naples)INSTR 4688102 OR 4792 PG 1271
PROJECT: Miscellaneous Project No. 99999 RECORDED 5/2/2012 10:21 AM PAGES 7
PARCEL: 235RDUE DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
FOLIO: 00261400009 REC $61.00
SUBORDINATION OF EASEMENT INTEREST
AND AGREEMENT FOR FACILITY RELOCATION
THIS SUBORDINATION OF EASEMENT INTEREST is given this 1
day of �pri 20_a by CITY OF NAPLES, a Municipal Corporation of
the State of Florida, its successors and /or assigns, whose mailing address is 735 8th
Street South, Naples, Florida 34192 (hereinafter referred to as "City "), in favor of
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and /or
assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred to as "County ").
WITNESSETH:
WHEREAS, by virtue of the de -facto assignment having occurred pursuant to the
"Agreement" between City and Ridgeport Plaza Associates Limited Partnership
referenced in the second recital in the Lease by and between Collier County, Florida,
the Collier County Water -Sewer District, and Ridgeport Plaza Associates Limited
Partnership, recorded in the Official Records of Collier County, Florida, in OR Book
1260, Page 727, on April 8, 1987, City is the owner and holder of that certain Easement
by and between Quail Run Golf Club, Inc., and Ridgeport Plaza Associates Limited
Partnership, recorded in the Official Records of Collier County, Florida, in OR Book
1244, Page 1621, on January 15, 1987 (hereinafter referred to as "Encumbrance "),
encumbering the premises legally described therein (hereinafter referred to as the
"Encumbered Property "); and
WHEREAS, County has requested and received from the fee simple owner of the
Encumbered Property (Quail Run Golf Club, Inc.) a Road Right -of -Way, Drainage and
Utility Easement over, under, on and across that portion of the Encumbered Property
legally described in Exhibit "A ", attached hereto and incorporated herein by virtue of this
reference (hereinafter referred to as the "Easement "); and
WHEREAS, County has requested that City consent to and subordinate its
Encumbrance to the interest that Collier County has in the Encumbered Property, to
which request City has agreed; and
WHEREAS, County, in recognition of City's pre- existing interest in the Easement,
is willing to pay for any future relocation of City's sewer force main and any facilities
associated therewith, and any future facilities from or within the entire area of the
Easement, including, but not limited to, the cost of acquiring replacement easements on
behalf of City should County, in its sole discretion, deem such relocation to be
necessary as a result of present or future uses of the Easement by County or its
successors and /or assigns; and
WHEREAS, City shall have the right to enter upon the lands described in Exhibit
"A" for the purposes of constructing, operating, repairing, expanding, improving and /or
otherwise maintaining its sewer force main and any associated facilities; and any future
facilities; and
WHEREAS, City agrees to repair any damage to County's facilities resulting from
City's sole negligence while exercising its rights to construct, operate, repair, expand,
improve and /or otherwise maintain its facilities with the Easement.
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, it is agreed between the parties as follows:
All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced are made a part of this Agreement;
2. City does hereby subordinate to County its Encumbrance within the Easement.
Except as subordinated within County's Easement, said Encumbrance shall
remain in full force and effect;
3. County shall pay for the relocation of City's sewer force main, any facilities
associated therewith and any future facilities from the Easement should County,
in its sole discretion, deem such relocation to be necessary. The costs of said
relocation shall include, but not be limited to, the costs of acquiring replacement
easements on behalf of the City;
4. As long as City's facilities are located within the Easement, City shall have the
right to enter upon the Encumbered Property for the purposes of constructing,
operating, repairing, expanding, improving and /or otherwise maintaining its
sewer force main and associated facilities, and any future facilities.
5. As long as City's facilities are located within the Easement, City shall pay for any
and all damage to County's facilities caused by City's negligence while
exercising its rights to construct, operate, repair, expand, improve and /or
otherwise maintain its facilities within the Easement.
6. As long as City's facilities are located within the Easement, County shall pay for
any damage to City's water line, any associated facilities and any future facilities,
which results from the construction, operation, repair, expansion, improvement,
and /or other maintenance of County's facilities.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COLLIER COUNTY:
DATED:
�a
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO CITY OF NAPLES:
DATED: 11-16 -1P,
ATTEST:
-,<) �-EA
'Jjt/) uj , City Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER_ COUNTY, FLORIDA
BY: ('0
FRED W. COYLE, ChairnfaA
CITY OF NAPLES, a Municipal Corporation
of the State of Florida
BY:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Subordination of Ease
Relocation was acknowledged before m
by `Tdhn F, _5or e _=
NAPLES, a Municipal Corporation of the
me
ment Interest and Agreement for Facility
e this // �'' day of , 2012,
(Name), as 1I24yo+, of the CITY OF
State of Florida, who is personally known to
on.
(affix notarial seal)
(Signature of of Public)
PATRICIA LYNN RAMSOSK
Notary Public - State of Florida
• ? My Comm. Expires Mar 7, 2016
Commission N EE 176915
'% '�%•°i ��'•�, Bonded Through National Notary Assn.
Approved as to form and
legal sufficiency,
City Attorney
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
Approved as to form and
legal s4fficiency:
AEt E. WRIGHT
Assistant County Attorney
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Book 136• Page
Agenda Item 6 -e
Meeting of 4/4/12
RESOLUTION 12 -13086
A RESOLUTION APPROVING A SUBORDINATION OF EASEMENT INTEREST AND AGREEMENT FOR
FACILITY RELOCATION WITH COLLIER COUNTY SUBORDINATING A 5 FOOT BY 60 FOOT STRIP OF
LAND WITHIN AN EXISTING CITY EASEMENT IN ORDER FOR COLLIER COUNTY TO CONSTRUCT
INTERSECTION IMPROVEMENTS AT PINE RIDGE ROAD AND NAPLES BOULEVARD; AUTHORIZING THE
MAYOR TO EXECUTE THE SUBORDINATION OF EASEMENT INTEREST AND AGREEMENT FOR FACILITY
RELOCATION WITH COLLIER COUNTY; DIRECTING THE CITY CLERK TO RECORD THE
SUBORDINATION OF EASEMENT INTEREST; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has a 10 -foot utility easement adjacent to the southern
right -of -way of Pine Ridge Road; and
WHEREAS, the easement contains a City owned and maintained 6 -inch force main
in the southern half of the 10 -foot utility easement; and
WHEREAS, the Collier County Transportation Department has requested that the
City consent to subordinate a 5 -foot by 60 -foot section of the
easement at the intersection of Pine Ridge Road and Naples Boulevard
for the construction, operation and maintenance of overhead and
underground electric utility facilities (including wires, poles,
conduits and appurtenant equipment) to be installed from time to
time; with the right to reconstruct, improve, add to, enlarge, the
size of and remove such facilities or any of them; and
WHEREAS, it is in the best interests of the City of Naples to approve the
Subordination of Easement Interest and Agreement for Facility
Relocation to Collier County in order for the Collier County
Transportation Department to construct intersection improvements at
Pine Ridge Road and Naples Boulevard;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:
Section 1. That the Subordination of Easement Interest and Agreement for
Facility Relocation with Collier County subordinating a 5 foot by 60
foot strip of land within an existing City easement is hereby
approved in order for Collier County to construct intersection
improvements at Pine Ridge Road and Naples Boulevard, a copy of
which is on file in the City Clerk's office.
Section 2. That the Mayor is hereby authorized to execute the Subordination of
Easement Interest and Agreement for Facility Relocation.
Section 3. That the City Clerk is hereby directed to record the Subordination
of Easement Interest and Agreement for Facility Relocation.
Section 4. This resolution shall take effect immediately upon adoption.
I hereby certify that the above and foregoing is a true
and cor" py of records appearing In ft files of
the, ' y Clerk's Office; City of Naples lodda:
le ���
Book 136• Page
Resolution 12 -13086
Page 2
f
PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES,
FLORIDA, THIS 4TH DAY OF APRIL, 2012.
Attest:
d", '- -'V '-
a A. Norman, 4City jCljeO�j
M: \REF \COUNCIL \RES \2012 \12 -13086
Date filed with City Clerk: & -Z-.2,
ohn F. Sorey III, or
Approved as to form and legality:
Robert D. Pritt, City Attorney