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JL South Properties/Comerica Bank Subordination, Consent & Joinder of Easement PROJECT:HAYNES CORPORATION SEWER EASEMENT FOLIO:00276120002 INSTR 5156458 OR 5181 PG 1627 RECORDED 8/4/2015 1:59 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$35.50 SUBORDINATION, CONSENT AND JOINDER OF EASEMENT THIS SUBORDINATION, CONSENT AND JOINDER OF EASEMENT given this day of 4f R i L. , 2015 by COMERICA BANK, a Texas banking association, whose post office address is 39200 Six Mile Road, Livonia, Michigan 48152, (hereinafter referred to as "Lien Holder"), in favor 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, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356 (hereinafter referred to as "Collier County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Continuing Collateral Mortgage by and between JL South Properties, LLC and Comerica Bank and recorded on October 5, 2005 in Official Records Book 3904, Page 2650, and as amended by that certain Amendment to Mortgage recorded on October 8, 2008 in Official Records Book 4399, Page 2311, and amended by that certain Amendment to Mortgage recorded on October 10,2011 in Official Records Book 4726, Page 207, and as amended by that certain Amendment to Mortgage recorded on January 28, 2013 in Official Records Book 4879, Page 2135,et seq. of the Public Records of Collier County, Florida, (hereinafter collectively referred to as "Mortgage"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"); WHEREAS, Collier County has requested and received from the fee simple owner of the Encumbered Property a perpetual non-exclusive easement for utility, and maintenance purposes, over, under, on and across a portion 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, Collier County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that Collier County 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 Collier County in any utility, 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, and maintenance facilities located therein or affixed thereto, said Mortgage shall remain in full force and effect. IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and year first written above. COMERICA BANK, a Texas banking W ss(Signature) association -sell 6 0 sUie J (Print or Typ: By: ,,i _�=-�a= _,4C iii- .�Lk'i,,/r.1 •ri ame: - �a,°h e c C1 6-C7veli�) Witness '"ign-/ re - /Oil 1 CA�(1w_ Print Title: �''<<�� / f"cs I � 1 (Print or Type) c-J STATE OF I4 ) C1 11 /3A/3 COUNTY OF0RE.L, 'i3 The foregoing Subordination, Consent and Joinder of Easement was acknowledged before me this 3c1,. day of 11--p e_t L , 2015 by 171y-t FS 9. tioti6, t , (Name) as VI e e, Per s i ,LeiL:;-(Title) on behalf of Comerica Bank, a Texas banking association, who is personally known to me or who has produced as identification. (Affix notarial seal) littilk_ . ,_ 4.4 I I 11:!i (Signature o yotary) . 19ok.1rCC-` ODswK. (Print Name of Nota ) Commission# I b / My Commission Expi es: I JANICE GOSUR ( Notary Public-Michigan ` ' Wayne County My Commission Expires Oct 16,2021 ` 4 Acting in the County of EXF-Ii�IT �1 ,' ?age_i__of Z HOLE MONTES ENCHJEERS PLANNERS •SURVEYORS 950 Encore Way.Naples,Florida 34110•Phone 239.254.2000•Fax. 239-254.2099 HM PROJECT#2012.015 1/26/2015 REF. DWG.#B-7026 Page 1 of 1 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF PARCEL 9, BLOCK"A", NAPLES INDUSTRIAL PARK, LTD, UNIT NO. 1, AN UNRECORDED PLAT ALSO BEING LOCATED IN A PORTION OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTH QUARTER CORNER OF SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°05'36"E FOR A DISTANCE OF 628.55 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 2005.80 FEET OF THE NORTHWEST%4 OF SAID SECTION 36; THENCE RUN S.89°21'02"W., ALONG THE SAID NORTH LINE FOR A DISTANCE OF 989,97 FEET; THENCE RUN N.00°38'58"W., FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF MERCANTILE AVENUE,A 60 FOOT WIDE PUBLIC RIGHT-OF- WAY, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89°21'02"W., ALONG THE NORTH RIGHT-OF-WAY LINE OF MERCANTILE AVENUE FOR A DISTANCE OF 40.00 FEET; THENCE RUN N.00°38'58"W., FOR A DISTANCE OF 40.00 FEET; THENCE RUN N.89°21'02"E FOR A DISTANCE OF 40.00 FEET; THENCE RUN S.00°38'58"E., FOR A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING: CONTAINING 1600 SQUARE FEET, MORE OR LESS. BEARINGS REFER TO THE NORTH RIGHT-OF-WAY LINE OF MERCANTILE AVENUE, COLLIER COUNTY, FLORIDA AS BEING S.89°21'02"W. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 BY AidALA ., A yr '.S.M. #5628 THOMAS M. MURPHY STATE OF FLORIDA H:\2012\2012015\W P\SU\LEGALS\B-7026.d°ox Naples•Fort Myers H:\2012\2012015\OW\S0\SKE4CHES\30919.dwq Tab: Mader Oct lb.2014 — 4:26pm Plotted by 04nbo44B EXHIBIT'- „ page-_.of--2...—. I PARCEL 9 BLOCK "A" N UNRECORDED PLAT NAPLES INDUSTRIAL PARK, LTD, UNIT NO. 1 PARCEL NO. 00276120002 I GRAPHIC SCALE a 7.5 15 Iiiii 1" .. 15' (IN FEET) -. 40.0000 N 89'21 '02" E ' 40.00' z U) POINT OF 0 o COMMENCEMENT co co NORTH 1/4 CORNER Ur 40.0000 crC SECTION 36-49-25 Co Co M P, 0 0 0 0 p p- POINT OF BEGINNING N. R-O-W LINE 0 S 89'21 '02" W 40.00' z °' I °• N) 0 0 co 01 p Colt C.J LJ CO C./I. P1 0o cJ 0 '0 IV ERCANTILE AVE 0 q, S 89.21 '02" W 989.97' (60' PUBLIC R-0--W) N. LINE, S. 2005.80 OF N.W. 1/4 SEC 35-49-25 SEC-TWN-RGE: 950 Encore Way PROJECT NO. 36-49-25 Naples, FL. 34110 SKETCH TO ACCOMPANY 12,015 DRAWN BY: DATE Phone: (239) 254-2000 AM 10/14 HOLE MONTES Florida Certificate of A LEGAL DESCRIPTION REFERENCE NO. CHECKED BY: DRAWING NO. EN0ItEERS PtMM RS SU8VEYORS Authorization No.1772 30919 (.