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PROJECT: CR-951 Water Transmission Mains Project 70151/70152
PARCEL NO.: 28P
FOLIO: 34740080000
SUBORDINATION, CONSENT AND JOINDER OF EASEMENT
THlr SUBOR~ATIQN, CONSENT AND JOINDER OF EASEMENT given
this ;;< 6-1 day of /lr L ^ , 2006 by COMMUNITY BANK OF NAPLES,
N.A., a national banking association, whose post office address is 5150 Tamiami Trail
North, 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 3301 Tamiami Trail East, Naples, Florida 34112,
(hereinafter referred to as "CCWSD"). Mortgagee is used as singular or plural, as the
context requires.
WIT N E SSE T H:
WHEREAS, Mortgagee is the owner and holder of that certain Mortgage,
Assignment of Rents and Security Agreement dated February 7, 2003 by and between
A.L. PETROLEUM, INC., a Florida corporation, and COMMUNITY BANK OF NAPLES,
N.A. recorded on March 31, 2003, in Official Records Book 3252, Page 1491 et seq.,
Receipt for Future Advance, dated February 10, 2004, recorded on March 12, 2004, in
Official Records Book 3519, Page 2384 et seq., and UCC Financing Statement,
recorded on March 31,2003, in Official Records Book 3252, Page 1515, 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"); 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 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, 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.
Scj
1
OR: 4011 PG: 2611
Subordination, Consent and Joinder
Community Bank of Naples, N.A.
A.L. Petroleum, Inc.
Page 2
IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and
year first written above.
COMMUNITY BANK OF NAPLES, N.A.,
a national banking association
Witness ( I.
Name: . .;;!\
( rint or T pe)
, Kt .1
;,j(l'.... r (" _{"--fA ,/{__
Witness (Signature) . -
Name: td -t ,'~,\.(, ~,\ \ Vi\ L t,-
(Print or Type)
5150 Tamiamj Trail North
Naples, Florida 34103
STATE OF Q (y{ ,~ti
COUNTY OF C I! ~ r
I The foregoing sUbordinatio~Q \'t~ons.ent a I Joinder of Easement was
a~kno)Nledged before me this ~ax _ of ~ I 2006 by
~~ Q ~ \~ ~\ SVy\ \ \-h (name),' I - \oJ,") ( C eVl, title) on behalf
of' Community Bank' of Naples, N.A., who is personally known to me or who has
produced as identification.
NANCY L. DeJOHN
Notary Pubftc, State of Florida
My comma expo Oct. 31 , 2008
Comm. No. CD 367a13
-/-'bXL' thY ':dr)/y)
(Signature f Notary Public)
f~ nr ,-~y \,J)J)/'j
(Print Nam of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
(affix notarial seal)
~ 55 to fOrM I legal sufffcftfttJ
~~~~
)~s1stant Count1 Attorntl
U 1en T. Chldwell
Scj
2
OR: 4011 PG: 2612
EXHIBIT A
Page ~ of ,.;t
70/~/ -r-
PROJECT 701 ~ .::l..
PARCEL ;z. 75, P
FOLIO 3'-17'1- 00 qDOOO
...
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (28.P)
LYING IN TRACT 2, GATOR GATE UNIT 2
PLA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
/
N LINE SECTION J I
~
ol~
~o
0110
to b
o
S R/W LINE l/)
ST ATE ROAD 84 (DAVIS BOULEVARD)
NE CORNER ~ \
GA TOR GA TE
UNIT 2
NB9'43'.12"W
100.00' P,O,C.
NE CORNER
SECTION 3
~
o~
00
vi 1'1
f'.. 0
~ 0
l/)
N LINE
S89'42'45"E I
25.00' P.OB.
..
FOLIO NO.:
34740080000
O.R. 2503, PAGE 2555
PARCEL B
o
n
(]I
f'..
o
o
vi
~
...
OA=)'16'56"
R=905.71'
L-51.8B'
CB=N2T57'5J"W
C=51.88'
to
(]I
m:
C.R. -COUNTY ROAD
f.P.&L.-fLORIDA POWER & LIGHT CO.
R/W - RIGHT-Of-WAY
O.R. - OffiCIAL RECORDS BOOK/PAGE
P,O.B.-POINT Of BEGINNING
P,O.C.-POINT Of COMMENCEMENT
NO.-NUMBER
DA-DELTA
R-RADIUS
L-LENGTH
CB-CHORD BEARING
C-CHORD DISTANCE
/
" "
\w
~ '+
(<' 0
10
o
,: 0
Z
PROPOSED PERMANENT
UTILI TY EASE MEN T
~
.
~
'0
\"l
o
o
Ul
a::
U
w
z
::i
NOT VALID WITHOUT
DESCRIPTION ON SHEET 2 Of 2
~-2Ji
----~--------------
~
"-
a::
~
Will;
THE PARCEL BEARING, DISTANCES, AND AREAS
CALCULA TED ARE BASED ON A FIElD SURVEY OF
THE NORTH LINE OF SECTION 2 AND THE WEST
R/W LINE Of C,R. 951. BASIS OF BEARING:
STATE PLANE COORDINATE SYSTEM, FLA. EAST
lONE, '83/'90.
DARREN TOWNSEND (fOR THE FIRM LB677 3)
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA }ICENSE NO. LS 6476
THIS ''''-L-/~ DAY OF -_tlea.H~_______, 2005.
THIS IS NOT A SURVEY
COONER & ASSOCIA TES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912
PHONE: (239)277-0722 FAX: (239)277-7179 EM All: SURVEYlNGOCOONER.COM
CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW
PARCEL DESCRIPTION: DA TE: OJ/17/05 SCALE: 1....40.
PERMANENT UTIUfY EASEMENT TR.'!'CT 2,
GATOR GATE UNIT 2, SEC. 3-.50-26 PROJECT No: OJ0705W.A
DWG NO:030705WA-ESM
REV: 4-27-05___
SHEE 0 ~ ,'.:
~~ .;!::;i
!j~!~~.;i:;i
*** OR: 4011 PG: 2613 ***
EXHIBIT A
Page ..,) of ~
PROJECT
PARCEL
FOLIO
701.r;-/ t-
701 ~::l..
.;z '6. p
'~4 74 vo'l? 0000
,..
SKETCH AND DESCRIPTION OF A
PERMANENT UTILITY EASEMENT (28.P)
LYING IN TRACT 2, GATOR GATE UNIT 2
PLA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E
COLLIER COUNTY, FLORIDA
DESCRIPTION OF A PERMANENT UTILITY EASEMENT LYING IN TRACT 2, GATOR GATE UNIT 2 A SUBDIVISION
AS RECORDED IN PLAT BOOK 7, PAGE 54: SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION; THENCE RUN N89'43'32"W, A DISTANCE OF
100.00 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE SOO'50' 44"W, A DISTANCE OF 50.00 FEET
TO THE INTERSECTION OF THE SOUTH RIGHT~OF-WAY LINE OF STATE ROAD 84 (DAVIS BOULEVARD) AND
THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951; SAID POINT BEING THE NORTHEAST CORNER OF
SAID SUBDIVISION; THENCE RUN SOO'50' 44 "w. A DISTANCE OF 175.00 FEET ALONG SAID WESTERLY LINE TO /
THE NORTH LINE OF PARCEL B AS DESCRIBED IN OFFICIAL RECORD BOOK 2503, PAGE 2555 AND THE POINT
OF BEGINNING; THENCE CONTINUING ALONC SAID WESTERLY LINE SOO'So' 4 4 "w, A DISTANCE OF 225.00 FEET
TO THE CURVED SOUTH LINE OF SAID PARCEL B AND TIlE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERL Y HAVING A DELTA ANGLE OF 03'16'56", A RADIUS OF 905,71 FEET, A CHORD BEARING OF
N27'57'53"W AND A CHORD DISTANCE OF 51.88 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE
LEFT AND SAID SOUTH LINE A DISTANCE OF 51.88 FEET; THENCE RUN NOO'50' 44"E, A DISTANCE OF 179.30
FEET TO SAID NORTH LINE; THENCE RUN S89'42'45"E ALONG SAID NORTH LINE A DISTANCE OF 25.00 FEET
.. TO SAID WESTERLY RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING.
CONTAINING 5,041 SQUARE FEET OR 0.12 ACRES, MORE OR LESS.
,/ :.-/
. .
,..
NOT VALID WITHOUT SKETCH & SIGNATURE
ON SHEET 1 OF 2
THIS IS NOT A SURVEY
COONER & ASSOCIATES, INC.
SURVEYING AND MAPPING
5670 ZIP DRIVE, FORT MYERS, FLORIDA .3.3912
PHONE: (2.39)277-0722 FAX: (2.39)277-7179 EMAIL: SURVEYlNGOCOONER.COM
CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W.
PARCEL DESCRIPTION: DATE: 03/17/05 SCALE: N/A
PERMANENT UllUTY EASEMENT TRACT 2,
GATOR GATE UNIT 2, SEe, 3-50-26
PROJECT No: 030705W.A
DWG NO:030705WA-ESM
REV; 4-~7~
SHEET: 2] ~\)~ .'
I : ~l:i~;rj;(
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