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Folio #00395680106 & 71750001058 SubordinationINSTR 4946514 OR 5009 PG 3214 RECORDED 2/19 /2014 8:11 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Project: Sabal Bay Force Main REC $35.50 Folio Number: 00395680106 & 71750001058 SUBORDINATION, CONSENT AND JOINDER TI IS SUBPRDINATION, CON NT AND JOINDER OF EASEMENT given this /! :day oN.JJ ariN.'aJC�' 201,Tby 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. CA do �' '4. IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and year first written above. 1 Witness (Signature (Print or Type) Witness (Signature) Name: Ji4 A� JVI �vA)°v� (Print or Type) CDC Land Investments, Inc., a Florida corporation By: — / ti � , * Name: ��Ar.ck. L U--�� `+\fie .- Title: � �r e _ -Pre-s" t 1 ems` STATE OF 1 , V-%� COUNTY OF Q©\ \%e.',f' The foregoing Subordination, Consent and Joinder of Easement wa -p r 6""✓ acknowledged before me this � �s day of 201by L• U+ -e.✓ (Name), Vice- fireside.. Title); on behalf of CDC Land Investments, Inc., a Florida corporation , who is [ ersonally known to me or [ ] who has produced as identification. (affix notarial seal) 56��� I ( ignature of Notary Public) Y 11 jI DG "A. BROV+>rt MY COMMISSION N EE 843929 c y EXPIRES: October 16, 2016 Bonded rnry Notary Pubk underwriters (Print Name of Notary Public) NOTARY PUBLIC 3 q19 Serial /Commission #: EL- My Commission Expires: (0 c, }, it, , Zo it, 41M LEGAL DESCRIPTION Being a part of Tract "U ", Sabal Bay Commercial Plat -Phase Two, Plat Book 41, pages 10 -11, and 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.) EXHI iY ft ofd All that part of Tract "U ", according to the plat of Saba[ Bay Commercial Plat -Phase Two, Plat Book 41, pages 10 -11, of the public records of Collier County, Florida, and that part of Section 19, Township 50 South, Range 26 East and Section 24, Township 50 South, Range 25 East Collier County, Florida being more particularly described as follows; Beginning at the Southwest Corner of Tract "R ", according to the Plat of Sabal Bay Commercial Plat - Phase One as recorded in Plat Book 38, Pages 81 through 84, Public Records of Collier County, Florida. Thence along the southerly line of said Tract "R ", 14.02 feet along the arc of a circular curve concave northwest having a radius of 810.00 feet through central angle of 00°59'29" and being subtended by a chord which bears North 63 °49'15" East 14.02 feet to a point on the existing Collier County Utility Easement as recorded in Official Records Book 4948, page 1693, of the public records of Collier County, Florida; Thence along said easement in the following five (5) described courses: 1. South 61'06'26" East 44.30 feet; 2. South 31 °47'17" East 56.86 feet; 3. 259.93 feet along the arc of a 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 South 77 °36'43" East 233.09 feet; 4. 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 North 81 °1122" East 92.92 feet; 5. South 74 °11'12" East 542.06 feet; Thence leaving said easement South 39 °02'44" East 23.69 feet; Thence North 74 °10'44" West 565.50 feet; Thence 73.43 feet along the arc of a circular curve concave south having a radius of 88.00 feet through a central angle of 47 °48'35" and being subtended by a chord which bears South 81 °54'59" West 71.32 feet; Thence South 58 °00'41" West 44.39 feet; Thence 134.21 feet along the arc of a circular curve concave north having a radius of 120.00 feet through a central angle of 64 °04'55" and being subtended by a chord which bears North 89 °56'51" West 127.33 feet; Thence North 57 °54'23" West 60.58 feet; Thence 30.14 feet along the arc of a circular curve concave southwest having a radius of 105.00 feet through a central angle of 16 °26'39" and being subtended by a chord which bears North 66 °07'42" West 30.03 feet; Thence North 74 °21'02" West 168.59 feet; Thence North 19 °51'40" West 19.20 feet to a point on the boundary of said Tract "U ",; Thence along said boundary 97.34 feet along the arc of a non - tangential circular curve concave north having a radius of 810.00 feet through a central angle of 06 °53'07" and being subtended by a chord which bears North 67 °45'33" East 97.28 feet to the POINT OF BEGINNING. Containing 0.54 acres or 23,306 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: C�,_ '� Date: August 29, 2013 Lance T Millen, Professional Surveyor and Mapper #LS5627 Not valid unlets embossed with the Professional's seal. 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