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Comcast Subordination of UtiilitiesPROJECT: US 41 /Collier Blvd. Intersection Project No. 60116 INSTR 4783154 OR 4872 PG 1957 RECORDED 1/3/2013 2:29 PM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $52.50 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this /M-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 DATE FROM OR AGAINST IN FAVOR OF 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 Southwest, Inc. of Florida Pages 9 -10 Plat Book 01/31/1994 Triangle Properties Utilities Plat Book 22, Dedication Southwest, Inc. Pages 56 -58 i Easement j 01/20/1986 MAXXAM Declarant and its O.R. Book 1174, Properties, Inc. designees Pages 1946 -1971 COMCAST SUBORDINATION OF UTILITIES F Easement 05/11/1988 Eagle Creek Properties, Inc Utilities I O.R. Book 1348, I Pages 1330 -1408 Easement 02/02/2012 �� Eagle Creek Community Ass., Inc. Comcast of theeJJJ _ South, Inc. O.R. Book 4761, Pages 592 -596 I 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. 1 ATTEST: DWIGHT E. BROCK, Attest n -ft-AMOV" f' Signed, sealed and delivered in our presence as witnesses: BOAR OF C WFA SIONERS COLLI R BY: Georgia A. Hiller, Esq. Chairwoman COMCAST OF THE SOUTH, INC., successor in interest to PALMER COMMUNICATIONS, INCORPORATED and COLONY CABLEVISION OF FLORIDA, a Colorado corporation U By: r WITNESS (Si ature) (Sig ature)r Name: (l Ird� Gtr�p(i (Print or Type (Print Name) &Pa ITNESS Signature) (Title) Name: nq -t-rd, bi-cz k)ez4x:�Lj (Print or Type) COMCAST SUBORDINATION OF UTILITIES Last Revised 4/4/2011 STATE OFJ 'da —, COUNTY OF Th foregoing Subordination of tility I terests w this �/�day of 20 2, by (Name), as ' �^ (TA OF HE 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) �ti+A BARBARA A. STOCKNER MY COMMISSION # DDIOOOI14 EXPIRES June 21, 2014 (407)398-0153 F .cam Approved as to form and legal sufficiency: E, -TE f ' E • v�lz 1f�'� Assi tart County Attorney COMCAST SUBORDINATION OF UTILITIES Last Revised 4/4/2011 (Si nature of Notary Public) Print Name of Notary Public) NOTARY PUBLIC Serial /Commission # (if any)'-bb 10,00 IN My Commission Expires: Un 2 a6/ y �,s11uuy�,�r � Ir SECTION 34, TWSP, 50S ROE. 261 SECTION 3, TWSP, 51S RGE. 29E FREEDOM SQUARE PS 22, PG 56 ESPROP LLC OR 4787, PG 658 FOLIO N0, 34520002004 L- 49.48' R- 3026.00' A- 0'58' 13" CB- N4758'43 "E C- 49.48' )`%"I EXHI IT "A" 6 P e1of3 8� �O N0714'33'E' - S54'21'14'E i =71.07 11 R =3347.00' C =71.07' ND723'10' W 18.28' L-124.56' R =3334.00' A =708'32" CB =N41' 46' 16 'E C- 124.65' FREEDOM SQUARE PH 22, PG 56 i COMMERCIAL PROPERTIES SW, INC.�- OR 3695. PG 411 EXISTING RW FOLIO NO. 34520001908 / FEE LEGAL DESCRIPTION - PARCEL 123FEE h? h g 123FEE 41,788 SF "-= V.29 R- 25.00' A =9902'53' CB- SO9'20' 18'E C =35.36' P06 / S.E. CORNER OF TRIANGLE BLVD, AT C.R. 951 PER PS / 16 PG 87 LEGEND RW RIGHT -OF -WAY OR OFFICIAL RECORDS BOOK PB = PLAT BOOK PG - PACE C,R. COUNTY ROAD POS - POINT OF BEGINNING NO. - NUMBER LENGTH R - RADIUS D - DELTA Co - CHORD BEARING C - CHORD 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 LPLY RESORT, PHASE ONE, RECORDED IN PLAT BOOK 16, PAGES 67 THROUGH 99 OF THE PUBLIC 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, PAIGE 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, PACE 658 OF THE PUBLIC RECORDS OF COLUER 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 OD'58'13 ", AND WHOSE LONG CHORD BEARS N42'58'43E 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 0708'32`, AND WHOSE LONG CHORD BEARS N41'46'16 "E FOR A DISTANCE OF 124.65 FEET; THENCE NOZ23'10'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 N4,Y4D'16 "E FOR A DISTANCE OF 71.07 FEET; THENCE N0714'33 "E FOR 11.58 FEET, TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF TRIANGLE BOULEVARD, AS SHOWN ON THE PLAT OF UELY 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 1OULEVARD 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, C04AINING 4 , 8 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW - $114i1t. AUG 16 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE 'SIGNED NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. SLEGAL RDESCRIPTION SKETCH AND Cho PARCEL 123FEE: RIGHT -OF -NAY ena NNow Py40 MS. SUA.200 PREPARED FOR: COWER COUNTY GOVSRNILENT/BOARD OF COUNTY COMMONERS Ph";(23$1587-0575 AX*tZ O) sv7.0578 IB No.: 6M JOB NUMBER REVISION SECTION TOWNSHIP RANCE SCALE I DATE DRAWN BY FILE NAME SHEET 090081.00.00 I 1 I 3a I ? 26E 1• m 100' 3 13 12 RA,K. I SKD- 123FEE 1 of 1 I r�tr•.` r 40 :r �a /b ear P\ 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' CB- N38'28'37 "E C =281.62' 1 vv .05' EXHIBIT "A" Page 2 of 3 N86'57'01 "E 22.39' N50' 14'1 6*E —EXISTING RW Al e1 C a y � POEI TECM - Row BLVD. AT OF TRIANGLE AT C R.951 PER PB JUN 15 2012 L- 39.25' 1 fi PG 87 \1�R- 25.00' LEGEND A =89'57'21" RW - RIGHT -OF -WAY CB- S80'40'19'W OR - OFFICIAL RECORDS BOOK C= 35.34' PB - PLAT BOOK PG - PAGE UE - UTILITY EASEMENT LBE - LANDSCAPE BUFFER EASEMENT C.R. - COUNTY ROAD POO - POINT OF BEGINNING N0. — NUMBER L — LENGTH R - RADIUS A - DELTA CB CHORD BEARING C - CHORD LEGAL DESCRIPTION — PARCEL 124FEE FE SIMPt E 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 N8657'01 "E FOR 22.39 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF TRACT 1 R, 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 S35'41'39W 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 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSJ 5301 DAT SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. I— a mrs sass w c \anov \sv0u+r.aarn usar t aenr +.r«...er.n n.s.- ...«,r. +ro cwsr ane\rar cr....Vn r " osks _120Ur PROJECT: U.S.41 /C.R.951/S.R.951P7�� RMIT=A7.4'. SKETCH AND LEGAL DESCRIPTION PARCEL 124FEE: RIGHT -OF -RAY 66100 Wlbw PrK DO., SWra 200 PREPARED FOR: COLLIER COUNTY GOVERNMENT /BOARD OF COUNTY COMMISSIONERS Ph...:1239j 597•0575„FAX: (2339) 597-0576 LB No.: 9952 JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 34 50S 26E J. - 80' 6/8/12 R -AK_ SKD 124FEE 1 OF I �; ►.Ili.,, wrr TRACT 'R" (EAGLE CREEK DRIVE) EAGLE CREEK COMMUNITY ASSOCIATION, INC. OR 3978, PG 6 FOLIO NO. 30185040007 17 NO2'28'1 126FEE__,- 343 SF N58'35'08' W 17.14' EAGLE CREEK COUNTRY CLUB PEI 14, PG 1 PART OF TRACT B' STONEGATE OF EAGLE CREEK CONDOMINIUM NO. ONE DECLARATION RECORDED 0 OR 1348, PG, 1330 MULTIPLE FOLIO NO'S. FEE SIMPLE 1WEREST LEGAL DESCRIPTION - PARCEL 126FEE EXHIBIT "A" Page 3 of 3 i I t I POB 502'28'1B`W 22,85' 0 w EXISTING RW 1 j+I I LEGEND RW - RIGHT —OF —WAY OR - OFFICIAL RECORDS BOOK PB PLAT BOOK PG PAGE POD — PONT OF BEGINNING PCC - 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 134B, 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, 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 COWER 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 15 2012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSI 5301 (DATE'SIGNED NOT VALID WfTHOUT THE ORIGINAL SIGNATURE do RAISED EMBOSSED SEAL. OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. PROJECT: U.S.41 /C.R.951 /S.R.951 SKETCH AND LEGAL DESCRIPTIONi7Sfx► Isg PARCEL 126FEE: RIGHT —OF —WAY seioWm"rraonv..auesm PREPARED FOR C0IJ11TR COUNTY GOVH AKW/BDARD OF COUNTY COMMISSIONERS Ph— (a3oj997-W76 F FAX MN)5a:asn SECRETARY'S CERTIFICATE I, Arthur R. Block, Secretary of Comcast of ArkansasfFlorida/Louisiaoa/ Minnesota /Mississippi/Tennessee, Inc. a Delaware corporation (the "Company"), do hereby ceatify as fellows: Barbara A., Hagen is a duly elected and appointed offices of'the Company, holding the title of'Market Vice President; and Barbara A. Hagen is authorized to execute, on behalf of the Company, franchise documents and any other documents relating to franchise matters within the Company's franchise area IN WITNESS WHEREOF, the undersigned has executed this Certificate as of this 5a' day of 'May, 2008. W SAN Arthur R. Block, Secretary Z "d 66L0- L16 -Ti.6 jTedaa NaomIaN -4seowo0 wao:60 so 90 Rew