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Parcel 123FEE, 124FEE & 126FEE (Embarq Subordination) PROJECT: US 41/Collier Blvd. Intersection INSTR 4761509 OR 4853 PG 3510 Project No. 60116 RECORDED 11/13/2012 9.21 AM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Utility Release COLLIER COUNTY FLORIDA y REC$52.50 INDX$1.00 SUBORDINATION OF UTILITY INTERESTS Public Body s-F -rr THIS AGREEMENT is made and entered into this 3 1 day of d GTE eY- , 2012, by and between COLLIER COUNTY, a political subdivision of the State 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 those certain tracts or parcels 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 collectively referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for highway purposes; and WHEREAS, the County's proposed use of the Property for highway 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 a road 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 RECORDED ENCUMBRANCE AGAINST OF BOOK-PAGE Plat Book 04/12/1990 Triangle Properties United Plat Book 16, Dedication Southwest, Inc. et al. Telephone Pages 87-99 Company Plat Book 10/05/1993 Triangle Properties United Plat Book 22, Dedication Southwest, Inc. Telephone Pages 9-10 _ Company Plat Book 01/31/1994 Triangle Properties United Plat Book 22, Dedication Southwest, Inc. Telephone Pages 56-58 Company EMBARQ SUBORDINATION OF UTILITY INTERESTS Last Revised 4/4/2011 Easement 01/20/1986 MAXXAM Declarant and O.R. Book Properties, Inc. its designees 1174, pages 1946-1971 Easement 05/11/1988 Eagle Creek Utilities O.R. Book Properties, Inc. 1348, Pages 1330-1408 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:. ..; • r:, BOARD OF COUNTY COMMISSIONERS DWIG.HT,E:'B K, Clerk COLLIER COUNTY, FLORIDA BY: • Attest es to Pi41ri puty Clerk FRED W. COYLE, Chair n 41960Wre Signed, sealed and delivered EMBARQ FLORIDA, INC. dba CENTURYLINK, in our presence as witnesses: fka Sprint F orida, Incorporated, successor by merger t. d nited Telephone Corn, . of Flori• , , lorida cor•or:,on ,4441,„ /a/41i WITNESS (Signature) Na - Titl- J(CL Name: 4)- 4 - CoR2t8i,t) 1��-- (Print or Type) WITNESS (Signature Name: v-oust. c\Q- (Print or Type) EMBARQ SUBORDINATION OF UTILITY INTERESTS Last Revised 4/4/2011 STATE OF E.L0R-1 COUNTY OF 0_,OLL.11,�-- The foregoing Subordination of Utility Interests was acknowledged before me this 3 I day of Oc-ty 6z rZ , 2012, by S'T lOLCC (Name), as ?EtSttlt.AT/GEREIaAL HIVIAICk .. itle), of EMBARQ FLORIDA, INC. dba CENTURYLINK, fka Sprint-Florida Incorporated, successor by merger to United Telephone Company of Florida, a Florida corporation, who is personally known to me or who has produced N as identification. (affix notarial seal) (Signature of Notary Public) NN.-T't3 t-k t C C'- (A, LL O t.;. A . (Print Name of Notary Public) * MY.e- popflErTa sogotoostoi4-,4,^c‘ari cook Serial / Commission # (if any): O'P RS-to 4119 My Commission Expires: NAQC Q(1 3_0 Approved as to form and leg sufficiency: Assi t County Attorney EMBARQ SUBORDINATION OF UTILITY INTERESTS Last Revised 4/4/2011 1 N. N f/ T'141/1/ EXH I IT "A" `�� f c e t of 3/ a- n li E /c).9 7QQ v-0//"pit, S AG,0 50 100 $'> -145(Q = 100' R=3347.00' GRAPE HFC L=7L=71.07'NO2'1,'33" 8E7 �35 .84'S54'21'14"E L=39.29' / \ R=25.00' 1' A=1'13`00" /AP A=90"02'53" / CB=N43•40'16"E CB=509'20'18"E C=71.07' C=35.36' NO2'23'10"W P06 18.28' S.E. CORNER OF' TRIANGLE L=124.66` BLVD. AT C.R. / R=3334.00' 951 PER PH A=2'08'32" 16 PG 87 CB�N41'46'16"E SECTION 34. TWSP. 505 ROE. 25E C=124.65' SECTION 3, TWSP. 51S ROE. 25E FREEDOM SQUARE PB 22, PG 56 ES PROP LLC a°. co �„` •.` OR 4787, PG 658 �� .. ,ate FOLIO NO. 34520002004 t�,rl' *� ga��` 4 L=49,48' 'h \ R=3026.00' ��h e'�P A=0'56'13"-j %.. C8=N42'58'43"E , ; Ce49.48`I 4 1 �123FEE A■ N54'20'51"W 41,78$ SF LEGEND / �1 10.32' j RW= RIGHT—OF—WAY OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK FREEDOM SQUARE PG = PAGE PB 22, PG 56 C.R. = COUNTY ROAD POB = POINT OF BEGINNING COMMERCIAL PROPERTIES SW, INC. L0. = NGMBER OR 3695. PG 411 / EXISTING RW L = LENGTH R = RADIUS FOLIO NO. 34520001908 � FEE SlMpL CBs=O CHORD BEARING INTERES C = CHORD LEGAL DESCRIPTION — PARCEL 123FEE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND SECTION 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRIANGLE BOULEVARD, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE ONE. RECORDED IN PLAT BOOK 16, PAGES 87 THROUGH 99 OF THE PUBUC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE S35'41'39"W FOR 519,87 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3F. FREEDOM SQUARE. AS RECORDED IN PLAT BOOK 22. PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE N54'20'51"W FOR 110.32 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4787, PAGE 658 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA TO THE BEGINNING OF A NON—TANGENTIAL CURVE; THENCE 49,48 FEET ALONG A CURVE TO THE RIGHT. HAVING A RADIUS OF 3026.00 FEET, THROUGH A CENTRAL ANGLE OF 00'56•13", AND WHOSE LONG CHORD BEARS N42'58'43"E FOR A DISTANCE OF 49.48 FEET; THENCE N43'26'58"E FOR 280.00 FEET TO THE BEGINNING OF A NON—TANGENTIAL CURVE; THENCE 124,66 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3334.00 FEET, THROUGH A CENTRAL ANGLE OF 02'08'32", AND WHOSE LONG CHORD BEARS N41'46'16"E FOR A DISTANCE OF 124.65 FEET: THENCE NO2'23'10"W FOR 18.28 FEET TO THE BEGINNING OF A NON—TANGENTIAL CURVE: THENCE 71.07 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3347.00 FEET, THROUGH A CENTRAL ANGLE OF 01'13'00", AND WHOSE LONG CHORD BEARS N43'4O'16"E FOR A DISTANCE OF 71.07 FEET; THENCE ND2'14'33"E FOR 11.58 FEET, TO A POINT ON THE SOUTHERLY RIGHT—OF—WAY LINE OF TRIANGLE BOULEVARD, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE ONE, RECORDED IN PLAT BOOK 16, PAGE 87 THROUGH 99 OF' THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT—OF—WAY LINE OF SAID TRIANGLE BOULEVARD THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE S54'21'14"E FOR 35.84 FEET, TO THE BEGINNING OF A TANGENTIAL CURVE; ' 2) THENCE 39.29 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90'02'53", AND WHOSE LONG CHORD BEARS S09'20'18"E FOR A DISTANCE OF 35.36 FEET. TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN, CONTAINING 4 , 8 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, TECM - ROW � �L �Z. AUG 1 6 2012 MI AEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIG ED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. July 3,2012,7;71 PM M\2009\090O8I.00,00 1)541,k C5931 tntersettton knprov,nenta And CR951 RRR\425 Poona\Ph 1—SEnvey\Skelah And Oesdnyt■aa\YCZ^R'Rev 03\5Kp_12�3FIE.d p PROJECT: U.S.41/C.R.961/S.R.961. 1V,�iAI cv SKETCH AND LEGAL DESCRIPTION .ii�°'..� s PARCEL 123FEE: RIGHT—OF—WAY 6510 Willow Pork Drive,Suite 200 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597 05758 AX: (2301597-0578 LB No,:6952 JOB NUMBER 1 REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 1 , 34 505 26E 1" = 100' 3/13/12 R.A.K. SKD_123FEE 1 OF 1 N / I w � e��i E / EXHIBIT "A" � �;-, Page 2 of 3 5 CELESTE DRIVE REPLAT N86'57'01"E // 0 40 80 PB 22, PG 9 22.39' / irirll_ TRACT 1R GRAPHIC SCALE BEAUMARIS, LLC N50'14'16"E 1" = 80' OR 4274, PG 2014 43.39' 'V FOLIO NO. 25910000502 EXISTING RW 124FEE / 10,220 SF `/ L=281.73' Itic \ R=2953.00' \\ D=5'27"58° � s CB=N38'28'37"E <j G=281.62" �14113;" QjOo Y 4 T'ry Q 43- F ' 1O 6)0 / \ c s' -1,,?4 �' P©B T C�€ - 1 -,� N54`21`01"W N.E. CORNER OF TRIANGLE / JUN 9 BLVD. AT C.R. 951 PER PB/ JUN 1 5 2012 17.05' 16 PG 87 L=39.25' /LEGEND R=25.00' A=89'57'21" RW = RIGHT-OF-WAY CB=S80'40'19"W / OR = OFFICIAL RECORDS BOOK NN / PB = PLAT BOOK G=35.34' PG = PAGE % UE = UTILITY EASEMENT } // LBE = LANDSCAPE BUFFER EASEMENT J/ C.R. = COUNTY ROAD / POD = POINT OF BEGINNING 7 NO. = NUMBER / L = LENGTH R = RADIUS /� 4 = DELTA / % CB =/ BEARING C = CHORD LEGAL DESCRIPTION — PARCEL 124FEE "EE SIAAP INTEREST A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRIANGLE BOULEVARD LYING ADJACENT TO C.R. 951, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE ONE, RECORDED IN PLAT BOOK 16, PAGES 87 THROUGH 99 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY RIGHT—OF—WAY LINE OF SAID TRIANGLE BOULEVARD, THE FOLLOWING TWO (2) DESCRIBED COURSES: 1) THENCE 39.25 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89'57'21", AND WHOSE LONG CHORD BEARS S80'40'19"W FOR A DISTANCE OF 35.34 FEET; 2) THENCE N54'21'01"W FOR 17.05 FEET TO THE BEGINNING OF A NON—TANGENTIAL CURVE; THENCE LEAVING SAID TRIANGLE BOULEVARD, 281.73 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 2953.00 FEET, THROUGH A CENTRAL ANGLE OF 05'27'58"; AND WHOSE LONG CHORD BEARS N38'28'37"E FOR A DISTANCE OF 281.62 FEET; THENCE N50'14'16"E FOR 43.39 FEET; THENCE N86'57'01"E FOR 22.39 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF TRACT 1R, CELESTE DRIVE REPLAT, AS RECORDED IN PLAT BOOK 22, PAGE 9 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO KNOWN AS THE WESTERLY RIGHT—OF—WAY LINE OF COUNTY ROAD 951; THENCE S35'41`39"W FOR 312.29 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 1R, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 10,220 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. „LuitLy ( /1//1.- . MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE Sc RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. June 8, 2012 2:Z5 PM W:\2009\090081.00.00 U541 &CR951 Intersec0on rmprovements And CR951 RRR\90X PO,ne\Ph 1-5o v.y\Skeen MO Descnpttons\TCE—RW Rev(.2\5X1)-124FEEdwy PROJECT: U.S.41/C.R.951/S.R.951 DIXTAINC. Pittman Visaali ion SKETCH AND LEGAL DESCRIPTION IS7►T i. S Civit ing Engineering Mopping PARCEL 124FEE: RIGHT--OF—WAY 8610 Willow Park Dove,Suite 200 Naples.Florida 34109 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX:(239)597-0578 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANCE SCALE GAIL DRAWN HY EILE NAME SHEET 090081.00.00 2 34 50S 26E 1" = 80' 6 8 12 R.A.K. SKD_124FEE 1 of 1 H EXHIBIT "A" N j Page 3 of 3 W AVM/ E � � TRACT n R u (EAGLE CREEK DRIVE) EAGLE CREEK COMMUNITY ASSOCIATION, INC. 0 20 40 OR 3978, PG 6 irtgrlrJ° ! _t FOLIO NO. 30185040007 GRAPHIC SCALE 1` = 40' F S58'35'08"E 17.14'l fI NO2'28'18"E } P06 22.85' 126FEE r 502'28'18'W s- ° 343 SF 4 22.85' N58'35'08"W.a 17.14' a,, EAGLE CREEK COUNTRY CLUB P8 14, PG 1 EXISTING RW PART OF TRACT "8" STONEGATE OF EAGLE CREEK CONDOMINIUM NO. ONE DECLARATION RECOROED @ OR 1348, PG. 1330 MULTIPLE FOLIO NO'S, LEGEND RW = RIGHT—OF--WAY OR = OFFICIAL RECORDS BOOK PB = PLAT 800K PG FEE SIMPLE i PAGE INTEREST POD = OF BEGINNING r PUG = POINT OF COMMENCEMENT I NO. = NUMBER S,R. = STATE ROAD AKA = ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 126FEE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF TRACT "R", AS DESCRIBED IN OFFICIAL RECORDS 800K 3978, PAGE 6 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH STONEGATE OF EAGLE CREEK CONDOMINIUM NO. ONE, PER OFFICIAL RECORDS BOOK 1348, PAGE 1330 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE S02'28'18"W FOR 22.85 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, N58'35'08"W FOR 17.14 FEET; THENCE NO2'28'18"E FOR 22.85 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF TRACT "R", AS DESCRIBED IN OFFICIAL RECORDS BOOK 3978, PAGE 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE ALONG THE SOUTHERLY BOUNDARY OF TRACT "R", S58'35'08"E FOR 17.14 FEET. TO THE POINT OF BEGINNIG OF THE PARCEL DESCRIBED HEREIN. CONTAINING 343 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW AUG 1 5 2012 el phi. l MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS/F 5301 I,DATEI SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. August IS.2012 1x24 AM 1P:\2009\09006,AD.DD 9541 do CR251 IrRersecCon improvements And CR931 R 2',902 Pion\P11 T-5, .y\SMt n Md Demmtlas\1C0•T10/Rw Q$\51(D_126*Ef0daq 1NG PROJECT: U.S.41/C.R.951/S.R.951 "DY SKETCH AND LEGAL DESCRIPTION .101481/1,t g&Mapping PARCEL 126FEE: RIGHT-OF-WAY 6810 Willow Perk Drive,Suite 200 Neptes.Florida 3410 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Pratte:(2391597-0575 FAX:(239)597.0578 LB No.:6952 JOB NUMBER I REVISION 1 SECTION I TOWNSHIP( RANGE I 1"SCALE I DATE I DRAWN BY I FILE NAME I SHEET 090081.00.00 1t 1 3 51S It 26E 1 = 40 8/1O '12 R,A.K. SKD_126FEE, 1 OF 1