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Agenda 11/15/2016 Item #16A 2 16.A.2 11/15/2016 EXECUTIVE SUMMARY Recommendation to accept two sidewalk easements associated with Meridian Village Assisted Living, now known as (nka) Beach House Assisted Living and Memory Care, Application Number 20130001021. OBJECTIVE: To have the Board of County Commissioners (Board) accept two sidewalk easements for sections of sidewalk constructed outside of the Airport-Pulling Road and Estey Avenue right-of-way. CONSIDERATIONS: 1) On October 27, 2014, the Development Review Division approved the Site Development Plan (SDP) for Meridian Village Assisted Living, (nka) Beach House Assisted Living and Memory Care. 2) The approved plans included sections of sidewalk on Airport Road and Estey Avenue. 3) Portions of these sidewalks were constructed outside of the right-of-way on private property, and therefore these two easements are necessary. A mortgage encumbers a portion of the sidewalk easements, and the Mortgagee has executed a right-of-way Easement Subordination, Consent and Joinder,which will be recorded after approval of this item. 4) The sidewalks have been inspected and meet County standards. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary, the developer will pay the necessary recording fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. -SAS RECOMMENDATION: To accept the two sidewalk easements,and authorize; 1. The Chairman to execute the two attached sidewalk easements. 2. The Clerk of Courts to notify the Development Review Division staff prior to recording of the easements so that a check can be provided for the recording fees. Prepared by: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth Management Department ATTACHMENT(S) 1.Location Map (PDF) 2.Airport Road Easement (PDF) 3.Estey Ave Easement (PDF) 4. Subordination (PDF) Packet Pg.......306 16.A 2 11/15/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Item Summary: Recommendation to accept two sidewalk easements associated with Meridian Village Assisted Living nka Beach House Assisted Living and Memory Care, Application Number 20130001021. Meeting Date: 11/15/2016 Prepared by: Title: Site Plans Reviewer, Senior—Growth Management Development Review Name: John Houldsworth 09/27/2016 2:03 PM Submitted by: Title: Project Manager,Principal—Growth Management Department Name: Matthew McLean 09/27/2016 2:03 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/05/2016 3:53 PM Capital Project Planning,Impact Fees,and Program Management Trinity Scott Additional Reviewer Completed Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 10/11/2016 10:56 AM Road Maintenance Travis Gossard Additional Reviewer Completed 10/26/2016 10:40 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/31/2016 11:12 AM Growth Management Department James French Level 2 Add Division Reviewer Completed 10/31/2016 5:05 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/01/2016 3:41 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/01/2016 4:43 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/02/2016 8:09 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/02/2016 9:12 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 4:28 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM Packet Pg. 307 16.A.2.a 1 BONITA SPRINGS EXIT 116 BONITA BEACH RD NORTH NAPLES '` NAPLES AREA IMMOKAL.EE ROAD 1, EXIT 111 VANDERBILT BEACH RD ' ,. > 1 m 1 -PINE RIDGE RD ',,,EXIT 107 m � � ,a GOLDEN GATE IP "' GOLDEN GATE PKWY �� oU GULF OF .�. —cr. -E ca a ¢ EXIT 101 m MEXICO 0 AIRP.R RADIO ROAD -1,----- NAPLES °' 0.4,04' ($1 ,e1 w : SUBJECT ;,* 4 PROPERTY\,...,,,, 414N, yr TO MARCO < ' ' o ISLAND S / / cv Q. STREETS MAP 0 .. z- n ca U 0 J c m E s U t6 Q 1 Packet Pg. 308 16A2:13 Prepared by and return to: KA1v1ALA E.CORBETT,ESQ. Foley&Lardner 1.1 P 100 North Tampa Street,Suite 2700 Tampa,Florida 33602 SIDEWALK EASEMENT 0 THIS SIDEWALK EASEMENT(this"Sidewalk Easement")is made and entered into this ig day of W 2016, by and between PSL BEACH HOUSE - NAPLES,LP, a Texas re limited partnership (the "Grantor") and the COLLIER COUNTY BOARD OF COUNTY n3°) COMMISSIONERS, a political subdivision (hereinafter referred to as the "Grantee") 413 (collectively referred to as the"Parties"). 03 WITNESSETH: WHEREAS,Grantor is the owner of that certain real property located in Collier County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference(the"Property");and co 0 WHEREAS,in connection with the development of the Property, Grantor constructed a public sidewalk along the western boundary of Airport Pulling Road (the "Sidewalk") in the Road Right-of-Way Easement previously granted to the Grantee and recorded in the Official Records of Collier County in OR Book 1517 Page 2094(the"Easement");and 03 1:3 WHEREAS, a portion of the Sidewalk was constructed outside the Easement and the Grantee has requested and Grantor has agreed to grant and convey to Grantee, a perpetual nonexclusive sidewalk easement over, upon, and across the Property were the Sidewalk is located, which which is more specifically described and depicted on Exhibit "B" as "Sidewalk Easement"(the"Sidewalk Easement Property"); NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: cr Section 1. The above recitals are true and correct, form a material part of this Agreement,and are incorporated herein by reference. Section 2. Grantor hereby gives, grants, bargains, sells and conveys to Grantee an easement for sidewalk purposes over, under, and upon the Sidewalk Easement Property (the "Sidewalk Easement"), subject to the terms, conditions and limitations set forth herein. The Grantee shall have full authority to enter upon,excavate,construct,operate,repair,and maintain, Et Packet Pg.309 16.A:2.6 as the Grantee or its assigns may deem necessary, all sidewalks and associated landscaping and street lights (the"Improvements"), over, under, and upon the Sidewalk Easement Property. Section 3. Grantor hereby warrants to Grantee that Grantor has fee title to the Sidewalk Easement Property subject to easements, reservations, restrictions and rights-of-way of record, if any, and that Grantor has full power and authority to grant this Easement as to the Sidewalk Easement Property. Section 4. Subject to the terms, conditions and limitations hereinafter set forth, the Grantee, its employees, agents, contractors, consultants and assigns shall have the right of ingress and egress over, upon, and across the Sidewalk Easement Property at all times for the purpose of excavating, constructing, operating, repairing, and maintaining the Improvements. The Grantee, its employees, agents, contractors, consultants and assigns, shall have the right to clear and keep clear all trees, undergrowth, and other obstructions that may interfere with normal operation or maintenance of the Improvements, out of and away from the Sidewalk Easement Property, and the Grantor agrees not to build, construct, or create, nor permit others to build, construct, or create any buildings or other structures on the Sidewalk Easement Property that may interfere with the use of the Sidewalk Easement Property for the purposes set forth herein. as Section 5. To the extent permitted by law, the Grantee agrees to indemnify and hold harmless the Grantor from and against any and all claims, actions,causes of action, loss, damage, injury, liability, cost or expense, including without limitation attorneys' fees (whether incurred before, during or after trial, or upon any appellate level), arising from the use of the Sidewalk Easement Property or from the exercise by the Grantee of any rights by this Sidewalk Easement, subject to the limitations set forth in Section 768.28, Florida Statutes. C•I Section 6. This Sidewalk Easement shall be binding upon and inure to the benefit of the parties specified herein, their respective legal representatives, successors and assigns, and the a) benefits and burdens hereof shall run with the Sidewalk Easement Property. Section 7. This Sidewalk Easement may be modified or amended only upon the mutual written consent of Grantee and Grantor, or their respective legal representatives, successors and assigns. (Signatures on Following Pages) a) E .c CC S. S. Packet Pg. 310 IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Amended Easement to be executed as of the day and year first above written. WITNESSES: GRANTOR: PSL BEACH HOUSE-NAPLES,LP, a Texas limited partnership By: GP PSL Naples, LLC, a Texas limited liability company, 11-.) its General Partner 0 co By: 1--1 Print Name: Li a \-\W120 H.Dodd Crutcher, President ffl,‘43m P t e: _ uJ 0. STATE OF / eir• n 0 COUNTY OF 17A i,‘„,i4 f 00 TI'. ' d 0 The foregoing instrument was acknowledged before me this -2 ay of February, 2016, by H. DODD CRUTCHER, as President of GP PSL Naples, LLC, a Texas limited liability company, on behalf of the limited liability company, the General Partner of PSL BEACH HOUSE -NAPLES, LP, a Texas limited partnership, who is personally known to me or who has produced (73e% g,")- L.. as identification. • • Notary Pub i a .14 Print Name: 711 t 1.A....&14ZY\ 4".'ll't.*. • M;t10'14111 • • ;*1 JUNE 5,2020 Commission No.: I )461egi-1'51-4 •' NOTARY ID11992454 j My Commission Expires: Lo!IA() (Signatures Continue on Following Page) to Packet Pg.311 I 64‘,2,13- Acceptance by Grantee: GRANTEE: A 11 EST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, DWIGHT E. BROCK,Clerk a political subdivision By; By: Deputy Clerk Hanna .R0,10,I C. ,,,,,tsc&e‘ U) 0 Approved as to form and lega1:4:. co /KO sc.* km-6m,Assistant County Attorney cc cD c.) c.) a:s 4-. E 0 ILI 0 0 a. .41 4; C0 E ••• • *1 tm\ Packet Pg.312 EXHIBIT A Tract I, MERIDIAN VILLAGE PHASE 2, according to the plat thereof recorded in Plat Book 55,Pages 94 and 95,inclusive,of the Public Records of Collier County, Florida, co E uJ co co CO *EL co L.) U 00 (NI *a' E -a cis 0. 4a' E C.) , - - Paokot Pg.313 Exhibit B 16.A.2.b SIDEWALK ESMT 'I , .,.., ....., 7811111111811ORTfi imeirnimieni 0 100 200 SCALE: 1"=200' 17) vi = \ -;,.. ICC) \ 0 •,.';^,-. \ CO \\ 0 CO 4 POINT OF cl) 4.4 < BEGINNING E a) SEE DETAIL. v) r" ' RS It POINT OF 1. 7,/,--------COMMENCEMENT — — — — --\\---/--2 a) C.) o < 15' ROAD RIGHT—OF—WAY EASEMENT NO'29 34"W.....7r S89'30 26'W AIRPORT ROAD C R 31 OR. 1517 PG. 2094 9509w 15 00 (IOW RIGHT-OF-WAY) Lo...--... co c cv .... C a) E a) CO to DETAIL L421 w L239 R=1501 1:3 SCALE 1 .204=16°03 05 RI R.26 21 N0 27 3Z"W o 8=5'1256 73 81 "\\ CHB.N29•52 20"E W CHB=N72'3624"W CH4 19 = CH-2 39 t o... ...*.- - - _ _ 2- a.29 5 34' '8 15 15 4- C a) E _c (..) ca .. < THIS IS NOT A SURVEY SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION DATE REVISIONS LEGAL DESCRIPTION & SKETCH OF A SIDEWALK EASEMENT DATE: 04/04/16 BEACH HOUSE ASSISTED LIVING&MEMORY CENTER,NAPLES,FLORIDA SCALE: . , 1" = 200' CHARLES TOLTON & ASSOC. , INC ENGINEERS, SURVEYORS AND MAPPERS* SHEET 1 OF 2 T 2887 TAMIAMI TRAIL EAST, SUITE 5 NAPLES, FLORIDA 34112 . 14116 SE 1 amt r ...—...„ A (239)793-6633 FAX (239)793-3905 i EMAIL C Toltontasurveying corn i1 JOB NO.: 1 ' ' 1 \ 14056 ..._ Packet Pg. 314 -,---, 16.A 2.b SIDEWALK EASEMENT: A SIDEWALK EASEMENT ABUTTING A 15'ROAD RIGHT-OF-WAY EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 1517, PAGE 2094,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF AIRPORT ROAD(COUNTY ROAD 31) AND THE NORTH RIGHT-OF-WAY OF ESTEY STREET,THENCE N00°29'34"W ALONG SAID RIGHT-OF-WAY OF AIRPORT ROAD FOR A DISTANCE OF 650.99 FEET;THENCE S89°30'26"W FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING;THENCE ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A Ili i RADIUS OF 26.21 FEET,A DELTA ANGLE OF 05°12'56",A CHORD BEARING OF N72°3624"W,A CHORD c DISTANCE OF 2.38 FEET,FOR AN ARC DISTANCE OF 2.39 FEET;THENCE N00°22'32"W FOR A DISTANCE OF = 73.81 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 15.01 5 FEET,A DELTA ANGLE OF 16°03'05",A CHORD BEARING OF N29°5220"E,A CHORD DISTANCE OF 4.19 FEET, to FOR AN ARC DISTANCE OF 4"21 FEET;THENCE S0O°29'34"E FOR A DISTANCE OF 78.15 FEET TO THE POINT OF m BEGINNING. c m E d N EASEMENT CONTAINS 166 SQUARE FEET, MORE OR LESS. o a ro e 4 in 03 0 N r+ C d3 d N 03W I hereby certify that the attached sketch&legal description of the hereon "0 described property is true and correct to the best of my knowledge and belief.I 0 further certify that this sketch and legal description meets the Standards of Ce Practice for the surveying and mapping profession as set forth in chapter 1= 5.3-17,Fkxida Administrative Code,pursuant to section 472.027.Florida Ott Statutes.There are no above ground encroachments other than those shown i hereon,subject to the qualifications noted hereon. Q .iC.i d _C C t3 't s i i�+ Cha"te`E. T. ,.n, P.S,M,„ <C Florida Reglsti tion No. 4582 THIS IS NOTA SURVEY Charles-Totton 8c�ociates, Inc. LB. No..5862 SEE SHEET 1 OF 2 FOR SKETCH DATE REVISIONS LEGAL DESCRIPTION &SKETCH OF A SIDEWALK EASEMENT DATE: 04/04/16 -■ BEACH HOUSE ASSISTED LIVING&MEMORY CENTER,NAPLES,FLORIDA MIS-__ SCALE: 1" = 200' am®®_ ( CHART, S TOLTON & ASSOC. , INC, ENGINEERS, SURVEYORS AND MAPPERS SHEET 2 OF 2 111111 2887 TAMIAMI TRAIL EAST, SUITE 5 NAPLES, FLORIDA 34112 14056 SE„ ° (239)793-6633 FAX (239)793-3905 4 JOB ppNO EMAIL C,Toltanectasurveying.aotn `! 14 V 56 Packet Pg315 16.A.2.c ,-.. ' Prepared by and return to: KAMALA E.CORBETT, ESQ. Foley&Lardner LLP 100 North Tampa Street,Suite 2700 Tampa,Florida 33602 SIDEWALK EASEMENT 1Z TIS SIDEWALK EASEMENT (this "Sidewalk Easement") is made and entered into this I$ day of tail. 2016, by and between ROCK CREEK HOLDINGS, LLC, a Florida i .c limited liability company (the "Grantor") and the COLLIER COUNTY BOARD OF co a) COUNTY COMMISSIONERS, a political subdivision (hereinafter referred to as the m "Grantee") (collectively referred to as the "Parties"). Lc: c a) E a) WITNESSETH: (/) co WHEREAS, Grantor is the owner of that certain real property located in Collier County, CI 0 Florida, as more particularly described in Exhibit "A" attached hereto and incorporated herein by 0 < reference(the "Property");and LAI ca c, WHEREAS, in connection with the development of the Property, a public sidewalk was es, constructed along the northern boundary of Estey Avenue (the "Sidewalk") in the existing platted . "E Right-of-Way (platted as Estey Street) as depicted in the Official Records of Collier County in Plat a) E Book I, Page 40 (the "Right of Way");and ci) u) ea w WHEREAS, a portion of the Sidewalk was constructed outside the Right of Way and the 0 > Grantee has requested and Grantor has agreed to grant and convey to Grantee, a perpetual < >, nonexclusive sidewalk easement over, upon, and across the Property were the Sidewalk is located, w to which is more specifically described and depicted on Exhibit "B" as "Sidewalk Easement 2" (the ill "Sidewalk Easement Property"); t a) E NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and c.) as conditions set forth herein,and for other good and valuable consideration,the receipt and sufficiency Zi of which are hereby acknowledged,the parties hereto agree as follows: Section 1. The above recitals are true and correct, form a material part of this Agreement, and are incorporated herein by reference. Section 2. Grantor hereby gives, grants, bargains, sells and conveys to Grantee an easement for sidewalk purposes over, under, and upon the Sidewalk Easement Property (the "Sidewalk Easement"),subject to the terms,conditions and limitations set forth herein. The Grantee shall have full authority to enter upon, excavate, construct, operate, repair, and maintain, -...... 4.7„. Packet Pg 316 6.A.2.c as the Grantee or its assigns may deem necessary, all sidewalks and associated landscaping and street lights(the"Improvements"),over,under, and upon the Sidewalk Easement Property. Section 3. Grantor hereby wan-ants to Grantee that Grantor has fee title to the Sidewalk Easement Property subject to easements,reservations,restrictions and rights-of-way of record, if any, and that Grantor has full power and authority to grant this Easement as to the Sidewalk Easement Property. Section 4. Subject to the terms, conditions and limitations hereinafter set forth, the Grantee, its employees, agents, contractors, consultants and assigns shall have the right of ingress and egress over, upon, and across the Sidewalk Easement Property at all times for the purpose of excavating, constructing, operating, repairing, and maintaining the improvements. The Grantee shall maintain the Sidewalk at Grantee's sole cost and expense, and incident thereto have the right and obligation to keep the sidewalk level and free of cracks, and shall keep clear all trees, undergrowth, and other obstructions that may interfere with normal operation or 4:‘ maintenance of the Sidewalk, out of and away from the Sidewalk Easement Property, and the Grantor agrees not to build, construct, or create, nor permit others to build, construct, or create any buildings or other structures on the Sidewalk Easement Property that may interfere with the use of the Sidewalk Easement Property for the purposes set forth herein. to Section 5. To the extent permitted by law, the Grantee agrees to indemnify and hold 0.) harmless the Grantor from and against any and all claims,actions,causes of action,loss,damage, injury, liability, cost or expense, including without limitation attorneys' fees (whether incurred before, during or after trial, or upon any appellate level), arising from the use of the Sidewalk 40 Easement Property or from the exercise by the Grantee of any rights by this Sidewalk Fasement, subject to the limitations set forth in Section 768.28. Florida Statutes. *C" Section 6. This Sidewalk Easement shall be binding upon and inure to the benefit of the parties specified herein,their respective legal representatives,successors and assigns, and the (f) benefits and burdens hereof shall run with the Sidewalk Easement Property. Section 7. This Sidewalk Easement may be modified or amended only upon the mutual written consent of Grantee and Grantor, or their respective legal representatives, successors and assigns. "41 ;.; (Signatures on Following Pages) E tu Packet Pg.317 16 A 2:0 „,...-..„, IN WI . , WHEREOF, the parties hereto have subscribed their names and have caused this Si,-walk Easement to be executed as of the day and year first above written. WITNES S: GRANTOR: A ROCK CRE • - $LDINGS,LLC,a Zpritiir Si t.• attire Florida'', ted liacil` ' • pany 1 2 I ./Ak WitnNo.ess I Printed Name By: , 4 Mrd I re L Michael H. Metcalf, as Manager 62, kti , - i...c. titc, AV Witness No.2 Signature i W en Z 0 fil..-t Pirl 1,, )67,i4u,24: 11 x Witness No. 2 Printed Name c.) as eu CO en c STATE OF FLORIDA ID E COUNTY OF COLLIER a> en t—21-1'— as LU The foregoing instrument was acknowledged b- ire , ,is -) day of September. 1-1 2016, by MICHAEL H. METCALF, as Manager of • 415C1‹. • 'EE( - OLDINGS, LLC, a Florida C' u C.) limited liability company. who is personally known • me. , < , , / / ea 0 CNI Notary Mric •E'' ev E e en etS LU TYPED.PRINTED OR STAMPED NAME OF NOTARY le > My Commission Expires: < >, 1: en LIJ (Signatures Continue on Following Page) t; C' E 0 LEO J SALVATORI MI MY COMMISSION 0 EE 834441 41EXPIRES November 28,2016 < '13'.''''dV Bonded Thrtt Notary PuNic Undervaners ,... ...,„ ra) Packet Pg. 318 16:A.2c Acceptance by Grantee: GRANTEE: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, DWIGHT E.BROCK,Clerk a political subdivision By: By: Deputy Clerk Tas 0 X Approved as to form and legality: +6. 41 I as' 1G Scott A. Stone.Assistant County Attorney co oz) csi c.) /**s, Packet Pg.319 16.A.2.c EXHIBIT "A" Tract I. MERIDIAN VILLAGE PHASE 1. according to the plat thereof recorded in Piat Book 54, Pages 38 and 39, inclusive, of the Public Records of Collier County, Florida. co E C) tr) cc (NI C, E (r) ra a) C C) E _c CC Packet Pg. 320 ) Exhibit B SIDEWALK ESMT 2 16A.2.0 Deana 1 ed'') NORTH ' \---- .\\ \ f ) r-' 100 20C SCALE 1'' = 200" ---: L-- 6 ____ ,-,-. E5.b•-= I--- 41.... , — ---..\ POINT OF in —>_ BEGINNING = \ 0 i./.3 SEE DETAILI \ POINT OF 589'38$2 Vi COMMENCEMENT 226 43 CO 0) — CO N. C/) 15 ROAD RIGHT—OF—WAY EASEMENT OR. 1517 PG 2094 AIRPORT ROAD C R 31 c a) (1(0 RIGH)-OF-WAY) E CD U) el: ill L-12 19 .15. \\7- —R6:2275709749 w (.) CHB.N482717 E t.) •,.. CH.1209 < — • 7 / / LC) 00 I S51 10 03z 0 r 9 48 CSI -e' S89 38 52-N 65 12 E N89'38 521 0) r.--------341w U) co LU 6) > < >, 0) 4C1) Lu N63'53 371 C 1 CI) '..) L=8 99 R=33 54 E .c C.) d.15-21 56' DETAIL A\ 7—cH5 s51.112rE .2 , -..... ' SCALE 1'=20 ( THIS IS NOT A SURVEY SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION DATE REVISIONS LEGAL DESCRIPTION & SKETCH OF A SIDEWALK EASEMENT DATE: 04/04/16 BEACH HOUSE ASSISTED LIVING&MEMORY CENTER,NAPLES,FLORIDA SCALE: 1" = 200' CCHARLES TOLTON & ASSOC. , INC. ENGINEERS, SURVEYORS AND MAPPERS SHEET 1 OF 2 --, T 2887 TAMIAMI TRAIL EAST, SUITE 5 NAPLES, FLORIDA 34112 § 14056 SE 70.9 ,I.\ A (239)793-6633 FAX (239)793-3905 I JOB NO.: EMAIL C Tolton@ctasurveying corn k , ' 14056 (g 1 Packet Pg. 321 1 1 SA.2.c SIDEWALK EASEMENT: COMMENCING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF AIRPORT ROAD(COUNTY ROAD 31) AND THE NORTH RIGHT-OF-WAY OF ESTEY STREET,THENCE S89°38'52"W ALONG SAID RIGHT-OF-WAY OF ESTEY STREET FOR A DISTANCE OF 226.43 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID RIGHT-OF-WAY OF ESTEY STREET S89°38'52"W FOR A DISTANCE OF 65,12 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 27.79 FEET,A DELTA ANGLE OF 25°07'49",A CHORD BEARING OF N48°22'1T'E,A CHORD DISTANCE OF 12.09 FEET, FOR AN ARC DISTANCE OF 12.19 FEET; THENCE S51°10'03"E FOR A DISTANCE OF 9.46 FEET;THENCE N89°38'52"E FOR A DISTANCE OF 34.15 FEET; THENCE N63°53'37'E FOR A DISTANCE OF 8.43 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 33.54 FEET;A DELTA ANGLE OF 15°21'56",A CHORD BEARING OF S51°11'27"E,A CHORD DISTANCE OF 8.97 FEET; FOR AN ARC DISTANCE OF 8.99 FEET TO THE POINT OF BEGINNING. is ar EASEMENT CONTAINS 183 SQUARE FEET, MORE OR LESS. a) E ar Ca Cs w a C) U C) C 0 N C a> E a) ,FW CO hereby certify that the attached sketch&legal description of the hereon described property is true and correct to the best of my knowledge and belief,I further certify that this sketch and legal description meets the Standards of Practice for the surveying and mapping profession as set forth in chapter 5J-17,Florida Administrative Code,pursuant to section 472.027,Florida Statutes.There are no above ground encroachments other than those shown hereon,subject to the qualifications noted hereon. C a) Cr 144114 \r- Charie5 E.ToI n, Florida Registration No. 4582 THIS IS NOT A SURVEY Charles Toiton & Associates, Inc. L.B. No. 5862 SEE SHEET 1 OF 2 FOR SKETCH DATE REVISIONS LEGAL DESCRIPTION & SKETCH OF A SIDEWALK EASEMENT DATE: 04/04/16 BEACH HOUSE ASSISTED LIVING&MEMORY CENTERNAPLES,FLORIDA SCALE: 1" = 200' ( CHARLES TOLTON & ASSOC., INC. ENGINEERS, SURVEYORS AND MAPPERS SHEET 2 OF 2 2887 TAMIAMI TRAIL EAST, SUITE 5f\ ,4056 sz zaw NAPLES, FLORIDA 34112 (239)793-6633 FAX (239)793-3905 JOB NO.: EMAIL C.Toltonectasurveying.com 14056 Packet Pg,'322 I 6.A.2.t1 "0""• Return to: Komi Corbett Foley&Lardner LLP 100 N.Tampa St,Suite 2700 Tampa,FL 33602 (Spam above dtis line for reconims data) RIGHT OF WAY EASEMENT SUBORDINATION.CONSENT AND JOINDER THIS SUBORDINATION,CONSENT AND JOINDER given this_day of 20—by BRANCH BANKING AND TRUST COMPANY, a North Carolina corporation, its successors and assigns (hereinafter referred to as "Mortgagee"), in favor of the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,a political subdivision of the State of Florida,its successors and assigns (.4 (hereinafter refereed to as the"Comity"). Mortgagee is used as singular or plural,as the context requires. ti) fa WITNESSETH: a) WHEREAS, Mortgagee is the ow=and holder of that certain Mortgage, Assignment of Rents, Security Agreement and Fixture Filing recorded in Official Records Book 5088, Page 1590, of the public records of Collier County (hereinafter referred to as "Mortgage") encumbering the premises legally cc) described therein(hereinafter referred to as the"Encumbered Property");and cs, WHEREAS,the County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for right-of-way for sidewalk over and across a portion of the encumbered premises legally described in Exhibit"A" as "Sidewalk Easement 1", attached hereto and incorporated herein by virtue of this reference,which premises are hereinafter referred to as the"Easement .o Property";and WHEREAS, the County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that the County has in the Easement Property to which request Mortgagee has agreed. CC NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration,the receipt 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, and across the Easement Property. Except as subordinated to the easement described herein over and across the Easement Property said Mortgage chilli remain otherwise in full force and effect. Error!Unknown document property name. Packet Pg. 323 16.A.2.d IN WITNESS WHEREOF,the Mort::gee has caused these presents to be executed the date and year first above written. WITNESSE BRANCH BANKING AND TRUST COMPANY 1/77 A41111kor By: 'nt Name: , , gram Name: e/77(e hi Title: Print Name: r144-4111 pi4itetttA Tr a) U) 0 STATE OF—1-9113S ) )ss: COUNTY OFIN The foregoing instrument was acknowledged before me this 143 day of September 2016 by 44C111‘ , asof 2ao r.) association, on behalf of said association. He/She is [V1,,personally known to me or has [ J produced as identification. co Cs1 (SEAL) CI)v-4°' Li•41ercc ldirSarl NOTARYAPUBLIC Name: -flha. H. 4-ksilcierSol (Type or Print) u.) Commission No. My Commission Expires: • ANA M.HENDERSON d Notary Public • seri f STATE OF TEXAS • 44.cf My Comm.Exp.03-2847 « Error!Unknown document property name. Packet Pg. 324 16.A.2.d ,—... EXHIBIT"A" SIDEWALK EASEMENT 1 NORTH a 105 305* SCALE:1"=20CY ,A i ,V1V is t : / NI 7( , '!. ,. 4. .1.,^ *N. 0) = 0 1 1211 4°' t:„.. t OV fr 4100, 07 40-1k `,..... NAB"5.7 ,r. = co w 03 In- I AC 2 1- 415.m. POUT OF c i h i BEORdW413 SEE DEM. E 1 o POW,OF tiln3 74/"..--"'"'"*C411981ENCIEIREPIT 46.. — ., — —. qc..) "-••,, 15 ROAD 10011T-0—WAY£A4347Wr V 1 SOW...... "Ir st2r* AIRPORT ROAD C.R.31 c.) 4 cm. 1517 Pa 2004 MOM 150, (1W RIORT-OFAVAY) in co co c4 C o DETAIL 4.4.42r CO 1..41.W Rwiter Rig2521' WI'2i arw 50A1.5.: . 0 tortne 1551`"\1/4._ rmiewerrrentre ] rE20 ..o = onotrtronrov pour U) 05.2.111, ; W25 aire g MN .0 0 123. :ti THIS IS NOT A SURVEY SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION DATE REVISIONS LEGAL DESCRIPTION&SKETCH OF A SIDEWALK EASEMENT DATE: 04/04/16 BEACH HOUSE ASSISTED LIVING&MEMORY CENTER.NAKES,FLORIDA SCALE: ' 1* •ir, 200' ('1 CHARLES TOLTON & ASSOC.,_ INC. TN., ENGINEERS. SURVEYORS AND MAPPERS SHEET 1 OF 2 2887 TAMIAMI TRAIL BAST, SUITE 5 /„..-..„„ i41111$11E UM wills A (239 , nmtiPA 34112 )793-6833 FAX (230)193-3906 JOB NO.: , EMAIL: C.ToltenOotasurfeying.ocon 14056 , . . Packet Pg. 325 I6.A.2.d Legal Cescrip tion: SIDEWALK EASEMENT: A SIDEWALK EASEMENT ABUTTING A 15'ROAD RIGHT-OF-WAY EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 1517, PAGE 2094,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF AIRPORT ROAD(COUNTY ROAD 31) AND THE NORTH RIGHT-OF-WAY OF ESTEY STREET, THENCE N00'29'34"W ALONG SAID RIGHT-OF-WAY OF AIRPORT ROAD FOR A DISTANCE OF 650.99 FEET; THENCE 589'30'26'W FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING;THENCE ALONG THE ARC OF A CURVE TO THE LEFT,SAID CURVE HAVING A cn RADIUS OF 28.21 FEET,A DELTA ANGLE OF 05°12'56",A CHORD BEARING OF N72'38'24"W,A CHORD O DISTANCE OF 2.38 FEET, FOR AN ARC DISTANCE OF 2.39 FEET;THENCE N00'22'32'W FOR A DISTANCE OF 1 73.81 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 15.01 o FEET,A DELTA ANGLE OF 1803'05",A CHORD BEARING OF N29°52'20"E,A CHORD DISTANCE OF 4.19 FEET, 2 FOR AN ARC DISTANCE OF 4.21 FEET; THENCE S00'29'34"E FOR A DISTANCE OF 78.15 FEET TO THE POINT OF m BEGINNING. Y c at E EASEMENT CONTAINS 166 SQUARE FEET, MORE OR LESS, co w S at t.) Q uo co co N C O bo Ccrliricc tion C 1 hereby verify that the ettsded s141ch•lege/desatptioort M the hereon 'a described property is Yue and correct b the beet of my irrawbdge end belief.I �O further way Wel fhb sketch and leve*deeorfptlon mei,the Standards of Prelacy,for the surveying and nwtpdre praMwbn as mit forth In chapter C 64-17,Florida Admh.t etre•Cods.pursuant b section 4T2O27,Florida N Stearin.Tire are no above grand unload nub barer than Mee;norm C hereon,subject to the quaint: dorm noted hereon. at E t Q il \/-i Ghu$ s OrE.0.1(.c :n . P.S.M.`50 Florid* Registration No. 42 THIS IS NOT A SURVEY V L.B. 5aa Charles Colton Associates, Inc.. SEE SHEET 1 OF 2 FOR SKETCH co L.B. No. z - DATE REVISIONS LEGAL DESCRIPTION&SKETCH OF A SIDEWALK EASEMENT ' 04/04/16 BEACH HOUSE ASSISTED LIVING&MEMORY CENTER,NAPLES,FLORIDA SCALE: 1' t. 200' CCHARLES TOLTON & ASSOC., INC. ENGINEERS, SURVEYORS AND MAPPERS SHEET 2 OF 2 20B7 TAMAMI TRAIL EAST, SUITE 5 ,b ,,,e NAPLES FLORIDA 34112 (239)7 3-8633 FAX (239)793-3905 J08 NO.: EXAM C•ToItonticteetuve7ing.oom 14056 _ t Packet Pg.326