Parcel 123FEE, 124FEE & 126FEE (Comcast Subordination)PROJECT: US 41 /Collier Blvd. Intersection
Project No. 60116
SUBORDINATION OF UTILITY INTERESTS
Public Body
THIS AGREEMENT is made and entered into this � � day of 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
COMCAST OF THE SOUTH, INC., a Colorado corporation, successor in interest to PALMER
COMMUNICATIONS, INCORPORATED and COLONY CABLEVISION OF FLORIDA, whose
mailing address is 301 Tower Road, Naples, Florida 34113 -8074 (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
I
FROM OR AGAINST
IN FAVOR OF
RECORDED
ENCUMBRANCE
BOOK -PAGE
Plat Book
04/12/1990
Triangle Properties
Palmer
Plat Book 16,
Dedication
Southwest, Inc. et al.
Communications,
Pages 87 -99
Incorporated
Plat Book 10/05/1993
Triangle Properties
Colony Cablevision
Plat Book 22,
Dedication i
Southwest, Inc.
of Florida
Pages 9 -10
Plat Book
01/31/1994
Triangle Properties
Utilities
Plat Book 22,
Dedication
Southwest, Inc.
Pages 56 -58
Easement 01/20/1986
MAXXAM
Declarant and its
O.R. Book 1174,
Properties, Inc.
designees
Pages 1946 -1971
COMCAST SUBORDINATION OF UTILITIES
Easement
j 05/11/1988
j
Eagle Creek
Properties, Inc.
Utilities
I _
O.R. Book 1348,
Pages 1330 -1408
Easement
02/02/2012
au Creek
ty Ass., Inc.
C , of
South Inc.
PgCommn
Pages 592 -596
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
1JI:l.Ua
Attest
Signed, sealed and delivered
in our presence as witnesses:
BY:
Georgia A. Hiller, Esq.
Chairwoman
SIONERS
COMCAST OF THE SOUTH, INC., successor in
interest to PALMER COMMUNICATIONS,
INCORPORATED and COLONY CABLEVISION OF
FLORIDA, a Colorado corporation
U V�4 V By: c .. * ck,S4,
WITNESS- (Ski! `nature) (Signature)
Name: W 6L \�C%r' 61-L%•
(Print or Type ) (Print Name) Q
Al'-pa lyli e
4-
ITNEXi-t-rd,4 Signature) (Title)
Name: ( (( ��Z Wl+�i f L7J
(Print or Type)
COMCAST SUBORDINATION OF UTILITIES
Last Revised 4/4/2011
STATE OF���u r !Gl
'
COUNTY OF
Th foregoing Subordination of tility 1 terests vyqs acknowledged before me this day
of , 22'32, by en (Name), -qV asp (Title), of COMCAST OF THE SOUTH, INC.,
successor in interest to PALMER COMMUNICATIONS, INCORPORATED and COLONY
CABLEVISION OF FLORIDA, a Colorado corporation, who is personally known to me or who
has produced as identification.
(affix notarial seal)
;�;•!�'" BARBARA A. STOCKNER
MY COMMISSION # DDIOOO114
'•, EXPIRES June 21, 2014
(4071398-0153 F .Com
Approved as to form
and leol sufficiency:
1
Assi tarn County Attorney
COMCAST SUBORDINATION OF UTILITIES
Last Revised 4/4/2011
,/" 444 -0 -t"a.r I) • Ajot -
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial /Commission # (if any) b j 0e) /J4.
My Commission Expires: TunC o? ably,
EZdff "A"
el of 3
a� �D
0 50 100 NO2'14'33 "E S54'21'14 "E
GRAPH !W!� L- 71.07' 11,5B' L =39.29'
35.84' R- 25.00'
1 100' R- 3347.00' 4- 90'02'53"
D =1' i 3'00" CB- 509'20' i e'E
CB =N4S40' 18 "E C- 35.36'
C =71.07'
N0723'10"W P06 /
15 28' S.E. CORNER
OF TRIANGLE
Lm124.66' BLVD. AT C.R.
R =3334.00' 95i PER PB
A =708'32' 18 PC 87
CB- N41'46' 16 "E
SECTION 34, TWSP. 9DS RGE. 25E C- 124.65'
SECTION 3, TWSP, S1S RGE. 28E
FREEDOM SQUARE \
PB 22, PC 56 ,t
e, LLC
E4 P 787,,
OR PG 658 ry�� y�0 �'433 FOLIO NO. 34520002004 ,
0
L- 49.48' k�rybh xyDi G
R- 3028.00'
D- 456'13'
C8 =N4758'43 "E
C- 49.48'
\_1 23FEE
� N54'20'51W 41,788 SF LEGEND
110.32' 4.a RW - RIGHT —OF —WAY
OR - OFFICIAL RECORDS BOOK
PB = PLAT BOOK
FREEDOM SQUARE PG -PACE
C.R. - COUNTY ROAD
PB 22, PG 56 POE POINT OF BEGINNNG
NO. — NUMBER
COMMERCIAL PROPERTIES SW, INC. L - LENGTH
OR 3695, PG 411 EXISTING RW R RADIUS
FOUO NO. 34520001908/ O -DELTA
FEE 3lMPL cB = CHORD BEARING
JklTr-ace 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 BONG 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 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE S35'41'39W FOR 519,87 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3F. FREEDOM SQUARE, AS RECORDED IN PLAT SOOK
22, PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA;
THENCE N54'2051'W FOR 110,32 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK
4787, PACE 658 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO THE BEGINNING OF A NON— TANGENTAL 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 N4758'43`E FOR A DISTANCE OF 49.46 FEET;
THENCE N43'26'56'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 0708'32",
AND WHOSE LONG CHORD BEARS N41'46'16'E FOR A DISTANCE OF 124.65 FEET:
THENCE NOT23'10'W FOR 16.28 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 N43'40'16 "E FOR A DISTANCE OF 71.07 FEET;
THENCE N0Y14'33 "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 15, 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 $54'21'14'£ 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 91702'53',
AND WHOSE LONG CHORD BEARS S09'20'16"E FOR A DISTANCE OF 35.36 FEET, TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HERON,
CON.AINING 4 8 SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM — ROW
AA _ 019t- t- AUG 16 2012
MIbjAEL A. WARD PROFESSIONAL LAND SURVEYOR LSI 5301 DATE SIG ED
NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
PR07ECT: U.S.41/C.R.951/S.R.961 L� >
aa
SKETCH I
TCH AND LEGAL DESCRIPON IR
PARCEL 123FEE: RIGHT -OF -HAY s"0wm wPWh DAn.8Wk2w
Nol- FloAdN 34105
PREPARED FOR: COUln COUNTY GOVRRNWT/BOARD OF COUNTY COMMISSIONERS Ph_: (2U150-0575 FAX(M)597-01178
JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN B( FILE NAME SHEET
090081.00.00 1 3a ? 28E 1' m 100'_ 3/13/12 R.A,K. SKD_123FEE 1 OF 1
:r
C�F �
Q
Ae'�
CELESTE DRIVE REPLAT
PB 22, PG 9
TRACT 1R
BEAUMARIS, LLC
OR 4274, PG 2014
FOLIO NO. 25910000502
124FEE
10,220 SF
L =281.73"
R- 2953.00'
A- F27'58"
CB- N38'28'37 'E
C =281.62'
1 "W
L =39.25'
R- 25.00'
EXHIBIT "A"
Page 2 of 3
N86'S7'O1
N50`14'1
`EXISTING RW
ry�
A� g1
k1 c �
Cie
Lv
POEI /JUN M - ROW
N.E. CORNER OF TRIANGLE
BLVD. AT C.R. 951 PER PB 1 5 2012
16 PG 87 '
CB- S80'40' 19'W
C= 35.34'
LEGEND
RW RIGHT —OF —WAY
OR OFFICIAL RECORDS BOOK
PB a PLAT BOOK
PG PAGE
UE UTILITY EASEMENT
LBE — LANDSCAPE BUFFER EASEMENT
C.R. COUNTY ROAD
POD = POINT OF BEGINNING
N0. NUMBER
L = LENGTH
R RADIUS
A DELTA
CB CHORD BEARING
C CHORD
LEGAL DESCRIPTION - PARCEL 124FEE IE SIMPLE
INTEREST
A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FLORIDA BEING
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 15, 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 S8(r4O'l9'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 05'27'56 ", 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 IR, 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.
V
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSO 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
Ju k mtr 2:45 w w: \r00e \OeOWt.O0.0V I l f MeS, +.t..=ott"e 9grmmmb b C j eee\r0.R N \M ,- swwr \6bte5 w,e Owc,fptbn, \TLr -eM Rrr O2 \SN_tiNrrAre
rNC
PROJECT: U.S.41/C.R.951/S.R.951
SKETCH AND LEGAL DESCRIPTION
PARCEL 124FEE: RIGHT —OF —WAY
8510 W1bw Perk Odw, State 20O
PREPARED FOR: COWER COUNTY GOVERNMENT /BOARD OF COUNTY COMMISSIONERS
Nrplee Fbdde 34109
Phone; (939) 597 -0575 FAIL (239) 597-0578
L6 Ne.: 6952
JOB NUMBER
I REVISION
SECTION
TOWNSHIP
RANGE
SCALE
DATE
DRAWN BY
FILE NAME
SHEET
090081.00.00
2
34
50S
26E
1" — 80'
6[8 12
_ R.A.K.
I SKD_124FEE
1_ OF _ 1_
N
e
TRACT "R" (EAGLE CREEK DRIVE)
EAGLE CREEK COMMUNITY
0 20 da ASSOCIATION, INC.
OR 3978, PG 6
�i�......._._ FOLIO N0. 30185040007
GMIC SCALE
T' • 40'
558'35'08 "E j
*SO728'1B'W
NO2'28'18
POS
22.6
126FE
343 S22.65' u') w583 rn
$
17.14' y
EAGLE CREEK COUNTRY CLUB v
PB 14, PG 1
EXISTING RW
PART OF
TRACT "B"
STONEGATE OF EAGLE CREEK
CONDOMINIUM NO. ONE
DECLARATION RECORDED 0 OR 1348, PG. 1330
MULTIPLE FOLIO NO'S.
FEE SIMPLE
INTEREST
LEGAL DESCRIPTION - PARCEL 126FEE
EXHIBIT "A"
Page 3 of 3
LEGEND
RW + RIGKT —OF —WAY
OR OFFICIAL RECORDS BOOK
PB - PLAT BOOK
PG + PAGE
POD + POINT OF BEGINNING
POC POINT OF COMMENCEMENT
NO. NUMBER
S.R. + STATE ROAD
AKA - ALSO KNOWN AS
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 BOOK 3978, PAGE 6
OF THE PUBLIC RECORDS OF COLLIER 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 COLLIER
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, N56'35'0B'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 COWER COUNTY, FLORIDA;
THENCE ALONG THE SOUTHERLY BOUNDARY OF TRACT "R', S58'35'08 "E FOR 17.14 FEET, TO THE POINT OF BEGINNtG
OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 343 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
AUG 15 2012
IWA�� 0 < i qt-u.-
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSJ 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE do RAISED EM13OSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
owl iaA�NU Baer \M r- AMi'\�+�C� Aotl MwWM + \,R-RM Rw M4f0 IWIEM
PROJECT: U.S.41/C.R.951/S.R.951 Pa"dGmim
SKETCH AND LEGAL DESCRIPTION NWI =1=264
PARCEL 126FEE: RIGHT —OF —WAY ce,D WdIGwPwk Pr".&"2W
N.*a R.dda MIDI
PRBPARED FOR COLUIR COUAIY GOVSAnW/BDARD OF COUNTY C016MISSI0NW P,on.:l2331207-575 PAX�(M) 547 -CM
La tW SM
JOB NUMBER 11 REVTION I SECt a,c TION TOWNSHIP RANGE SCALE DATE DRAWN BY I FILE NAME SHEET
s an' Aho /12 R.A.K. SKD- 126FEE 1 OF 1