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Backup Documents 11/15/2016 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP H A 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 1\...& 11()6 !( 4. BCC Office Board of County /k� Commissioners VI)'si C 1 k(1,1 6 5. Minutes and Records Clerk of Court's Office1(4'11- ` I PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or mis ing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department _ Agenda Date Item was November 15,2016 Agenda Item Number 16-A-2 1// Approved by the BCC Type of Document Easements Beach House Number of Original --rh Attached S�10o c c`� . n�f-_'�r-' Documents Attached • PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? tel- 5�5 2. Does the document need to be sent to another agency for additional signatures? If yes, n/a provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JH signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on November 15,2016 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 'tf' , 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for "e Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 INSTR 5340668 OR 5339 PG 1?19 6 A 2 RECORDED 12/2/2016 1:00 PM PAGES 7 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC@.70$0.70 REC$61.00 Prepared by and return to: KAMALA E.CORBETT,ESQ. Foley&Lardner LLP 100 North Tampa Street,Suite 2700 Tampa,Florida 33602 SIDEWALK EASEMENT THIS SIDEWALK EASEMENT(this"Sidewalk Easement")is made and entered into this 1S_ day of 1401k2016, by and between PSL BEACH HOUSE - NAPLES, LP, a Texas limited partnership (the "Grantor") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision (hereinafter referred to as the "Grantee") (collectively referred to as the"Parties"). 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 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 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 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: 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, EI 1 6 A 2 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. 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. 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 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) 16A2 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, its General Partner 10 \\t/- - . / i 00 By: 4i. a.tt - '- Print Name:'(b«Q ra`(\ H. Dodd Crutcher, n n President \ V 'J P t me: SSS(rte 3o,(t ),Sa-\ STATE OF / _c h f COUNTY OF 17A LL-14 j 7-N The foregoing instrument was acknowledged before me this 2G qday 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 (-7-K-. :). L.. as identification. A)3 1/61gM .-- -- N Notary Pub i 1 1 IV: ' •'�; �IRES Print Name: ' ' (/�d4Zv.,). JUNE 5, 2020 Commission No.: I )46101-15 LA li;::Iff:LILLO:TARY IQ: 11992454 My Commission Expires: (p /IA() (Signatures Continue on Following Page) e 1 6 A 2 Acceptance by Grantee: GRANTEE: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, DWIGHT E.BROCK,Clerk a political subdivision By: '' % �.�. By: 6-744-1401 JeceeL. _DeputyC -rk ,` O01na ala ,rv,a+n Attest as to signature.9niy,, Appr ved as to form and legal:+: g/a? /Ko sc.ott A.St-am.,Assistant County Attorney 1 6 A 2 EXHIBIT A Tract 1, 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. 0 Exhibit B . SIDEWALK ESMT 1 1 6 A 2 _ . ..... NORTH ,a/0 Elm o 100' 200' SCALE: 1"=200' WT 414N.Ne 3'72.75' N1 (f 40c* l' f:1 1 It 10 0 '"-• IN g'8 1,— p NI"00 4I0W <E5 rICI•"I°' .- :Fr NS 00 480* `s0 El." 'I' 20104' [4 '- , NI°00 WIN [4 LL1 04 Li. 50.76* POINT OF 18 4o,00' BEGINNING SEE DETAIL c/) w POINT OF COMMENCEMENT - - - 'N. CO'CJO zeE 15' ROAD RIGHT—OF—WAY EASEMENT NO°29'34"W........ S89°30'26"W AIRPORT ROAD C.R.31 OR. 1517 PG. 2094 650.99' 15. ' (100r RIGHT-OF-WAY) L=2.39' R=26.21' CHB=N7A2:356*;2A" CH=2 38' - - - - NO°22'32"W 7.. SO' 78 15' DETAIL -• L=4.21' R=15.01' ACH1B6=*1,1032g2'20"E CH=4 19' ___ 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 1 dwg A (239)793-6633 FAX (239)793-3905 EMAIL: C.Toltonfttasurveying.com / ; JOB NO.: 14056 . 0 29'34"E SCALE:l" 20' 1 6 A 2 Legal Description: 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 RADIUS OF 26.21 FEET, A DELTA ANGLE OF 05°12'56", A CHORD BEARING OF N72°36'24"W, A CHORD 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 FEET, A DELTA ANGLE OF 16°03'05", A CHORD BEARING OF N29°52'20"E, A CHORD DISTANCE OF 4.19 FEET, FOR AN ARC DISTANCE OF 4.21 FEET; THENCE S00°29'34"E FOR A DISTANCE OF 78.15 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 166 SQUARE FEET, MORE OR LESS. Certiticction: I 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. Charies CL4 , F;orida Registrdtion No. 4582 THIS IS NOT A SURVEY Charles Tolton & 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 CENTER,NAPLES, FLORIDA SCALE: 1" = 200' CCHARLES TOLTON & ASSOC. , INC. ENGINEERS, SURVEYORS AND MAPPERS SHEET 2 OF 2 T 2887 TAMIAMI TRAIL EAST, SUITE 5 NAPLES, FLORIDA 34112 nose se 1 dwg (239)793-6633 FAX (239)793-3905 JOB NO.: L��1 EMAIL: C.Tolton®ctasurveying.com 14056 4056 INSTR 5340669 OR 5339 PG 1216 6 A2 RECORDED 12/2/2016 1:00 PM PAGES DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC@.70$0 70 REC$61.00 ` Prepared by and return to: KAMALA E.CORBETT, ESQ. Foley&Lardner LLP 100 North Tampa Street,Suite 2700 Tampa,Florida 33602 SIDEWALK EASEMENT ' IS SIDEWALK EASEMENT (this "Sidewalk Easement") is made and entered into this_ t 5 day of_ N 2016, by and between ROCK CREEK HOLDINGS, LLC, a Florida limited liability company (the "Grantor") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision (hereinafter referred to as the "Grantee") (collectively referred to as the "Parties"). 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 WHEREAS, in connection with the development of the Property, a public sidewalk was constructed along the northern boundary of Estey Avenue (the "Sidewalk") in the existing platted Right-of-Way (platted as Estey Street) as depicted in the Official Records of Collier County in Plat Book 1, Page 40 (the "Right of Way"); and WHEREAS, a portion of the Sidewalk was constructed outside the Right of Way 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 is more specifically described and depicted on Exhibit "B" as "Sidewalk Easement 2" (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: 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, C 1 6 A 2 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 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 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. 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. 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 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) CAO 16A2 IN WIT•• SS 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. TNES: S: GRANTOR: A ROCK CRE - I LDINGS, LLC, a WCZPIr Si filature Florida 1' ed lia.il' • pany � .1_,,, , i i / / /,i -_ Witness No. 1 Printed Name By: *ALI pla/ Michael H. Metcalf, as Manager a_L 6042(W itness No. 2 Signature I /bT(L L, 14 betc,a. II Witness No. 2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged b- •re = ,is 3 day of September, 2016, by MICHAEL H. METCALF, as Manager of ' 4 CK'"•' OLDINGS, LLC, a Florida limited liability company, who is personally known • me. Notary ric TYPED,PRINTED OR STAMPED NAME OF NOTARY My Commission Expires: (Signatures Continue on Following Page) �l0i.'e''% LEO J.SALVATORI g,; r., ;. MY COMMISSION#EE 834441 ap ,,,:a EXPIRES:November 28,2016 14,/;;F d•' Bonded Thru Notary Public Underwriters 16A2 Acceptance by Grantee: GRANTEE: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, DWIGHT,EACK, Clerk a political s bdivision \ f By fatA 1 , °40 !' 10.0 - By: /011240:Deputy„Cl DoY1n0. FiQ� Gbyq��I'M4d1 Ajtest a to' i man's Approv•. as to form and legality: itd 94.11x. Scott A. tone, Assistant County Attorney 1 6 A2 EXHIBIT "A" Tract 1, MERIDIAN VILLAGE PHASE 1, according to the plat thereof recorded in Plat Book 54, Pages 38 and 39, inclusive, of the Public Records of Collier County, Florida. Exhibit B SIDEWALK ESMT 2 16 A 2 Dmnc 1 of') NORTH /111.11111111 0 100' 200' SCALE: 1"= 200' wa � c4 L7. w Fw ¢ POINT OF NBEGINNING w � SEE DETAIL POINT OF s89°38'52'W COMMENCEMENT 226.43' 15' ROAD RIGHT—OF—WAY EASEMENT AIRPORT ROAD C.R.31 OR. 1517 PG. 2094 (100'RIGHT-OF-WAY) L=12.19' '\ ^ R=27.79' \\ / `0=25°07'49" \/\ CHB=N48°22'1TE > CH=12.09' S51°10'03"E 9.46' S89°38'52'W 65 12' N89°38'52"E 34.15' N63°53'37"E ` 8.43' L=8.99' R=33.54' / A=15°21'56" DETAIL ; CHB=S51°11'27"E SCALE:1"=20' CH=6.97 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' C CHARLES TOLTON & ASSOC. , INC. T ENGINEERS, SURVEYORS AND MAPPERS SHEET 1 OF 2 2887 TAMIAMI TRAIL EAST, SUITE 5 NAPLES, FLORIDA 34112Fy. 14056seza wg (239)793-6633 FAX (239)793-3905 JOB NO.: EMAIL C.Tolton®ctasurveying.cornk 1 14056 4O56 0 16A2 Legal Description: 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°22'17"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. EASEMENT CONTAINS 183 SQUARE FEET, MORE OR LESS. ertiticc tion: I 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. i /to\k„ Charles E. Tolkon, P.S.M. Florida Registration No. 4582 THIS IS NOT A SURVEY Charles Tolton & 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 CENTER,NAPLES,FLORIDA SCALE: 1" = 200' C' . CHARLES TOLTON & ASSOC. , INC. T ENGINEERS, SURVEYORS AND MAPPERS SHEET 2 OF 2 2887 TAMIAMI TRAIL EAST, SUITE 5 NAPLES, FLORIDA 34112 i„, moss se z°wg A (239)793-6633 FAX (239)793-3905 JOB NO.: L/�1 EMAIL: C.ToltonOctasurveying.com 1 14056 INSTR 5340670 PG 1223 6A2 R CORDED 12/2/201639 0 PM PAG DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$35.50 Return to: Kami Corbett Foley&Lardner LLP 100 N.Tampa St.,Suite 2700 Tampa,FL 33602 (Space above this line for recording data) RIGHT OF WAY EASEMENT SUBORDINATION, CONSENT AND JOINDER Se{rkbe_x" THIS SUBORDINATION, CONSENT AND JOINDER given this lay of 20kby 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 (hereinafter referred to as the"County"). Mortgagee is used as singular or plural,as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner 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 described therein(hereinafter referred to as the"Encumbered Property");and 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 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 Weed. 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 shall remain otherwise in full force and effect. Error!Unknown document property name. 1 6 A 2 IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. WITNE . ES• BRANCH BANKING AND TRUST COMPANY I 1.1..,14411 I LAMP - By: PTntName: , , 1 /� Name: ,Fr e, r Title: ✓o fniO4t-Alr �:. Print Name: rl zrw i p akato.1 T.. STATE OF3S ) )ss: COUNTY OF-IIaS The foregoing instrument was acknowledged before me this I r" day of September 2016 by 4/1_,,V14 4LS , asS of �' *T association, on behalf of said association. He/She is [• personally known to me or has [ ] produced as identification. (SEAL) .4irldirSal NOTARYi_PUBLIC^ Name: 1.1 • f)Gpa 4GYS:On (Type or Print) Commission No. My Commission Expires: ANA M.HENDERSON © Notary Public 1 • * STATE OF TEXAS i �l'Iro' ' My Comm.Exp.03-26-17 Error!Unknown document property name. 1 6 A 2 EXHIBIT"A" SIDEWALK EASEMENT 1 NORTH MIME o 100' 200' SCALE: 1"=200' f"—s1.»' A a b 124.40' I, ; MS Or B!-+A A ,.. r,.1.w' Et W„,-1 _,M1'o7. 4€-hk ~'.:',r. i. 5°.76' v)t.4 I. " sr 1 r POINT OF .Q Y v " �40.00' BEGINNING W w ,5 SEE DETAIL Z------'COMMENCEMENT POINT OF — _ — 15' ROAD RIGHT-OF-WAY EASEMENT No'29'34"W sea'30'26-W AIRPORT ROAD C.R.3) qi 1517 PG. 2094 sso.ss 15.o0 (100'RIGHT-OF-WAY) DETAIL L=4.21 L=2.39' R=15.01' R=28.21' NO.22'32W SCALE:1"=20' t=18'03'05" D=5'1Y56" 73.81' / CNS,N295fl0t — CHB=N7224°W CH 4.18 CH — _ CH=2.38' — -"7..SO'29'34"E 78.15' 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 2887 TAMIAMI TRAIL EAST, SUITE 5 14058 SEt.aw NAPLES, FLORIDA 34112 (239)793-8833 FAX (239)793-3905 A\ JOB NO.: EMAIL C.Tolton®ctesurveying.com 14056 4O 6 16A2 Legal Descrip 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 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 RADIUS OF 26.21 FEET,A DELTA ANGLE OF 05°12'56",A CHORD BEARING OF N72°36'24"W,A CHORD 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 FEET,A DELTA ANGLE OF 16°03'05",A CHORD BEARING OF N29°52'20"E,A CHORD DISTANCE OF 4.19 FEET, FOR AN ARC DISTANCE OF 4.21 FEET;THENCE S00°29'34"E FOR A DISTANCE OF 78.15 FEET TO THE POINT OF BEGINNING. EASEMENT CONTAINS 166 SQUARE FEET, MORE OR LESS. C.crtiticc lion I 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.1 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. I e i ter s ,/t1 Charles E.Tol n, P.S.M. ' Florida Registration No. 4582 THIS IS NOT A SURVEY Charles Talton & Associates, Inc. L.B. No. 5862 SEE SHEET 1 OF 2 FOR SKETCH DATE REVISIONS LEGAL DESCRIPTION &SKETCH OF A SIDEWALK EASEMENT 04/04/16 BEACH HOUSE ASSISTED LIVING&MEMORY CENTER,NAPLES,FLORIDA SCALE: 1" = 200' CCHARLES TOLTON & ASSOC., INC. ENGINEERS, SURVEYORS AND MAPPERS SHEET 2 OF 2 2887 TAMIAMI TRAIL EAST, SUITE 5 �aosese�.erp NAPLES, FLORIDA 34112 (239)793-8633 FAX (239)793-3905 JOB NO.: EMAIL: C.Tolton®ctasurveying.com 14056