Folio #00395680106 Subordination Consent & Joinder 1
INSTR 4870465 OR 4948 PG 1689
RECORDED 7/25/2013 2:53 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
Project: Sabal Bay Force Main REC$35.50
Folio Number: 00395680106
SUBORDINATION, CONSENT AND JOINDER
THIS SUBORDINATION, CONSENT AND JOINDER OF EASEMENT given
this 2Ljlay of [, , 2013 by CDC LAND INVESTMENTS, INC., a Florida
corporation, whose address is 2550 Goodlette Road North, Suite 100, Naples, Florida
34103 (hereinafter referred to as ' Mortgagee ), in favor of the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose
post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112,
(hereinafter referred to as "CCWSD"). Mortgagee is used as singular or plural, as the
context requires.
WITNESSETH:
WHEREAS, Mortgagee is the owner and holder of that certain Mortgage and
Security Agreement by and between Minto Sabal Bay, LLC and CDC Land Investments,
Inc., dated December 27, 2012, and recorded December 28, 2012 in O.R. Book 4870,
Page 345 et seq., and Contingent Mortgage and Security Agreement recorded
December 28, 2012 in O.R. Book 4870, Page 373 et seq., and State of Florida Uniform
Commercial Code Financing Statement Form recorded December 28, 2012 in O.R.
Book 4870, Page 402 et seq. in the Public Records of Collier County, Florida
(hereinafter referred to as "Mortgage"), encumbering the premises legally described
therein (hereinafter collectively referred to as the "Encumbered Property"); and
WHEREAS, CCWSD has requested and received from the fee simple owner of
the Encumbered Property a perpetual non-exclusive easement for utility, access, and
maintenance purposes over, under, on and across portions of the encumbered
premises legally described in Exhibit "A" attached hereto and incorporated herein by
virtue of this reference (which premises are hereinafter referred to as the "Easement
Property"); and
WHEREAS, CCWSD has requested that Mortgagee consent to, join in and
subordinate its Mortgage to the interest that CCWSD has in the Easement Property, to
which request Mortgagee has agreed.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien
of its Mortgage to the grant of that certain easement described herein over, under, on
and across the Easement Property and any interest of CCWSD in any utility, access,
and maintenance facilities located therein or affixed thereto. Except as subordinated to
the easement described herein over, under, on and across the Easement Property, or
any utility, access and maintenance facilities located therein or affixed thereto, said
Mortgage shall remain in full force and effect.
9
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IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and
year first written above.
Q,,t� a CDC Land Investments, Inc.,
Witness (Signature) a Florida corporation
Name: c1Gl/L4 ii9i e,y'
(Print or Type)
i . F
;
itness ( ' nature) By: 0 It J I
Name:
,' I
(Print or Type) Name: " IA .
Title: Uc4 fr 'icJeCt
/er/d-a-
STATE OF
COUNTY OF eol/fe, Y ,Q,
The foregoing Subordination,�cC?nsent and Joinder of Easement was
acknowledged before me thisJ°9ay of A)A- , 2013 by
Tai-rgc k L. 1.t++ er (Name), Vice.__fires t deg- (Title), on behalf of CDC Land
Investments, Inc., a Florida corporation , who is [i.-]'personally known to me or [ ] who
has produced as identification.
(affix notarial seal) ■ '- . — 1 f ..4
(Signature of Notary Public
g BO)z p+1 . 1a iz o w �1
: "'' ° ""A (Print Name of Notary Public)
:• :.� Mrcoisss2s
, =Bonded Th bie sth iw NOTARY PUBLIC
Serial/Commission #: .6-Er 04 3 9a.q
My Commission Expires: i 6 — i t, — ae i b
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EXHIBiT�.
4(44
Stantec Psi
LEGAL DESCRIPTION
Being a part of Section 19,
Township 50 South, Range 26 East and
Section 24,Township 50 South, Range 25 East
Collier County, Florida
(Proposed Collier Utility Easement(C.U.E.)
BEGINNING at the Westerly most Corner of Tract"H", according to the Plat of Sabel Bay Commercial
Plat-Phase One as recorded in Plat Book 38, Pages 81 through 84, Public Records of Collier
County, Florida.
Thence along the Boundary of said Tract"H", in the following five(5)described courses:
1. 41.47 feet along the arc of a circular curve concave southwest having a radius of 38.50 feet
through central angle of 61°43'19"and being subtended by a chord which bears
South 62°38'56" East 39.50 feet;
2. South 31°47'17" East 59.53 feet;
3. 216.74 feet along the arc of a circular curve concave north having a radius of 135.50 feet through
a central angle of 91°38'52"and being subtended by a chord which bears South 77°36'43" East
194.36 feet to a point of reverse curvature;
4. 119.05 feet along the arc of a circular curve concave south having a radius of 138.50 feet through
a central angle of 49°15'00"and being subtended by a chord which bears North 81°11'21" East
115.42 feet;
5. South 74°11'12" East 586.65 feet;
Thence leaving said Tract"H" boundary South 50°55'33"West 7.74 feet;
Thence South 89°48'16"West 51.36 feet;
Thence South 39°02'44"East 11.29 feet;
Thence North 74°11'12"West 542.06 feet;
Thence 95.86 feet along the arc of a non-tangential circular curve concave south having a radius of
111.29 feet through a central angle of 49°21'02"and being subtended by a chord which bears
South 81°11'22"West 92.92 feet;
Thence 259.93 feet along the arc of a non-tangential circular curve concave north having a radius of
162.50 feet through a central angle of 91°38'52"and being subtended by a chord which bears
North 77°36'43"West 233.09 feet;
Thence North 31°47'17"West 56.86 feet;
Thence North 61°06'26"West 44.29 feet to the Easterly Right of Way line of Thomasson Drive according
to said plat;
Thence along said Right of Way line 28.50 feet along the arc of a non-tangential circular curve concave
northwest having a radius of 810.00 feet through a central angle of 02°00'58"and being subtended by a
chord which bears North 62°19'01" East 28.50 feet to the POINT OF BEGINNING.
Containing 0.62 acres or 27,154 square feet, more or less.
Subject to easements and restrictions of record.
Bearings are based on the easterly line of said Tract"H", being North 50°55'33" East.
Certificate of authorization#LB-7866
Stantec Consulting Services Inc.
Registered Engineers and Land Surveyors
By: Date: February 4,2013
Lance T Miller, Professional Surveyor and Mapper#LS5627
Not valid unless embossed with the Professional's seal.
Ref. 2D-122FM
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