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Embarq/Century Link SubordinationPROJECT: Haldeman Creek & Crown Pointe Weirs (LASIP Project No. 51101) Utility Release INSTR 4731037 OR 4828 PG 1561 RECORDED 8/21/2012 4:02 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $44.00 INDX $2.00 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this 1'�) day of CL, W,,� _ 20)2 2012, by and between COLLIER COUNTY, a political subdivision of the StOy of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112, (hereinafter referred to as "County "), and EMBARQ FLORIDA, INC. d /b /a CENTURYLINK, fka SPRINT - FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, a Florida corporation, whose mailing address is 600 New Century Pkwy., Mail Stop KSNCAA0133- RETA600, New Century, Kansas 60031 (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 stormwater treatment and drainage purposes; and WHEREAS, the County's proposed use of the Property for stormwater treatment and drainage 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, improving, maintaining and operating stormwater treatment and drainage facilities over, under, through, upon, and /or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF DATE FROM OR IN FAVOR OF RECORDED ENCUMBRANCE AGAINST BOOK -PAGE Plat Book 09/30/1981 Kings Lake, Ltd. Utilities Plat Book 13, Dedication N Pages 33 & 34 EMBARQ SUBORDINATION OF UTILITY INTERESTS Last Revised 4/4/2011 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 shall give the Utility 90 (ninety) days' written notice to do so and 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 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. ATTEST" DWIGHT E. BROCK, Clerk .Q , ftouky Clerk Signed, sealed and delivered in our presence as witnesses WITNESS (Signature) Name: wk1c._ V -V L:� � �Y (Print or Type) WITNESS (Signature Name: Z5 . 6'0/e8 iAJ (Print or Type) EMBARQ SUBORDINATION OF UTILITY INTERESTS Last Revised 4/4/2011 BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA a BY: r' I EMBARQ FLORIDA, INC. dba CENTURYLINK, fka Sprint Florida, Incorporated, successor by merger to United Telephone Company f� Florida- a.Florida corporation (y) i STATE OF F JOV6 da. COUNTY OF G o l l; Ir The foregoing Subordination of Utility Interests was acknowledged before me this 3'x'4 day of A ya 2012, byLa,j„LIieT. Chi -.., u t (Name), as V Pa (Title), of EMBARQ FLORIDA, INC. dba CENTURYLINK, fkJ Sprint - Florida Incorporated, succ merger to United Telephone Company of Florida, a Florida corporation, cipfro is personally know to me or who has produced as identification. (affix notarial seal) Q 21� (Signature of Notary Public) NOTARY PUBLIC -STATE OF FLORIDA William D. Paul][[ (Print n.a `DED THRU ATLANTIC BONDI.N"G CO., LAC. Serial / Commission # (if any): My Commission Expires: Approved as to form and al sufficiency: n FF L. WR 16NT Assio nt County Attorney EMBARQ SUBORDINATION OF UTILITY INTERESTS Last Revised 4/4/2011 N w U d Z do O IZ- k O U CD CL CL 0 _v Z U)w J DO U t` z O U w U) EXHIBIT "A" PAGE 1 OF 2 c� Lo ) W W O j' z� N N O CO N J 04 II ! zo ow w z U n x L J <w Z< CN W W Q 1 CD a. Gy Z Z cv r+i iy �"`+ Oj fJ Ld I CS V LLJ it 11 IC o p O pm ( r� 2 V` La L j it II !I 'j a�< p J Od �©C7) t om o t "Jll :'t iu v/t MS w w zi vi cn �pl) rlJ 4d 0 d w Lj O 2 (D ui WJ o mz * Q c h <NO - o �U) C) w U -, mwi0 Y Y Lomb �Om a m Cl X90 $m J V) CD 4 V) `7a1 lO a J SEE SHEET 2 FOR DESCRIPTION, NOTES, AND CERTIFICATION OR CV F- CV Lj w I ono W + W0 W M Z O y a-w f o O � 00 00 tC) uj C0 z Vii �1 h z W rn r� w w� o N ui o zLo 0 r- °• o�Z � Cl V) U7 3:w O � Z M M co Z (n LiJ Z J J J M 0 s030W,BOYSCOUT LELY AREA STORM WATER BLVD A L TKIN SUITE 700 IMPROVEMENT PROJECT {IASIP 198} TAMPA, FL 33807 DRAINAGE EASEMENT SKETCH ATKINS NORTHAMERICA, INC. (813) 282 -7275 AND DESCRIPTION FLORIDA CERTIFICATE OF AUTHORIZATON NUMBER LB24 W 0 i�'jFo Ca co LJ 4c Q n co Y CL QO C)_ Co < Z '� W J W CL NOT A BOUNDARY SURVEY ORIGINAL: JAN.01 2012 706 N0. 100016322 REvisloN5: DRA— PAM L MARCH 2012 ECKED PJ6i CH 2 • pJM 30 40 I SHEET: I OF 2 EXHIBIT "A" PAGE 2OF2 SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA DESCRIPTION DRAINAGE EASEMENT PARCEL 2710E A PORTION OF LOT 7, BLOCK "Q" OF KINGS LAKE UNIT NO. 3 AS RECORDED IN PLAT BOOK 13, PAGE 33, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTH 1/4 CORNER OF SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE S89'58'40 "W ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 89.20 FEET TO THE WESTERLY LINE OF SAID LOT 7; THENCE N20'31'20'W, ALONG SAID WESTERLY LINE, 11.74 FEET; THENCE N89'58'40 "E, 93.21 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE S00'34'11 "E, ALONG SAID EAST LINE, 11.00 FEET TO THE POINT OF BEGINNING. SUBJECT LANDS CONTAINING 1003 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES 1. THE SKETCH SHOWN HEREON IS FOR GRAPHIC REPRESENTATION ONLY AND DOES NOT REPRESENT A BOUNDARY SURVEY. 2. CORNER MONUMENTS WERE NOT SET IN CONJUNCTION WITH THE PREPARATION OF THIS DRAWING. 3. BEARINGS SHOWN ARE ASSUMED, BASED ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 7, SAID LINE BEARS 589'58'40 "W. 4. LEGAL DESCRIPTION PREPARED BY ATKINS. 5. THIS SKETCH AND DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH. SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J -17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THIS SKETCH AND LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Q 2011 ATKINS NORTH AMERICA, INC. LICEKS BUSINESS 24 AL4' RIG 9 Tg$�-A VED Peter J. Maftson Professional Surveyor & Mapper Registration No. 6290 State of Florida SEE SHEET 1 FOR SKETCH ATKINSTAWA, <030W.BOYSCOt0 LELY AREA STORM WATER su+re?ai IMPROVEMENT PROJECT (IASIP 19B) FL 33607 DRAINAGE EASEMENT SKETCH ATKINS NORTH AMERICA. INC. {819 }282.7275 AND DESCRIPTION FLORIDA CERTIFICATE OF ALITHOR17ATION NUMBER L82I NOT A BOUNDARY SURVEY ORIGINAL: JAN, 05. 2011 JOB NO. _ 100016=2 REVISIONS! DRAWN PAM t MARDH 7, 2011 CHECKED PAA 2• QC PN ;M SHEET: 2 OF 2