IBERIABANK Subordination, Consent & JoinderINSTR 4737284 OR 4833 PG 2716
PROJECT: Woodcrest/Massey Utility Easements RECORDED 9/712012 11:36 AM PAGES 5
FOLIO NOS: 00190800000&00190400002 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $44.00
SUBORDINATION, CONSENT AND JOINDER OF EASEMENT
THIS SUBORDINATION, CONSENT AND JOINDER OF EASEMENT given this
k ' ` day of , 2012 by IBERIABANK., whose post office
address is P.O Box 41 040, Naples, Florida 34101 (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.
WIT NESS ETH:
WHEREAS, Mortgagee is the owner and holder of that certain Mortgage,
Assignment of Rents and Security Agreement by and between Calusa Pines Golf Club,
LLC, and Gulf Coast National Bank dated October 4, 2000 and recorded October 13,
2000 in O.R. Book 2732, Page 161, last assigned of record to IberiaBank, by
Assignment of Mortgage effective November 13, 2009, dated March 22, 2010 and
recorded April 5, 2010 in O.R. Book 4552, Page 746, as modified by Notice of Future
Advance and Extension of Payment Agreement recorded in O.R. Book 3135, Page
2873, as modified by Extension of Payment Agreement recorded in O.R. Book 3615,
Page 1838, as modified by Notice of Future Advance and Extension of Payment
Agreement recorded in O.R. Book 3851, Page 1723, as modified by Notice of Future
Advance, Extension of Payment Agreement and Notice of Future Advance recorded in
O.R. Book 3996, Page 1359, as modified by Notice of Future Advance and Extension of
Payment Agreement recorded in O.R. Book 4091, Page 127, as modified by Mortgage
Spreader Agreement recorded in O.R. Book 4199, Page 848, as modified by Extension
of Payment Agreement recorded in O.R. Book 4284, Page 1613, as modified by
Extension of Payment Agreement recorded in O.R. Book 4349, Page 2376, as modified
by Extension of Payment Agreement recorded in O.R. Book 4396, Page 1171, as
modified by Mortgage Modification Agreement recorded in O.R. Book 4577, Page 1070,
as modified by Mortgage Modification Agreement recorded in O.R. Book 4806, Page
497, all in 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 and access
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.
sc;
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.
IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and
year first written above.
nos (Si nature)
Name: Lp o r/
(Print Type)
Witness (Signature)
Name:Acf0V4, // XrUlUf--
(Print or Type)
STATE OF FLORIDA
COUNTY OF LtrE
I BERIABANK
By: L�7
David Gookin, Vice President
The foregoing Subordination, Consent and Joinder of Easement was
acknowledged before me this sZ day of qu- !2jcb7 , 2012 by David
Gookin, Vice President, on behalf of IberiaBank, wb§ is t--rp—ersonally known to me or
[ ] who has produced as identification. r
(affix notarial seal)
(Signature of Notary Public)
a•
DEBORki A. FUNK
?••' *; MY COMMISSION 8 DD 925065
EXPIRES: October 30, 2013
Bonded Thru Notary Public Underwriters
Scj
�Fanpow 4 rupk
(Print Name of Notary Public)
NOTARY PUBLIC
Serial /Commission #: D� �ZS c719 S
My Commission Expires: 16w .2o/3
POINT OF BEGINNING I P°i/o_j__Of
N89' 37' 22 "E i
35.02'
N89' 37' 22 "E 659.45 --
r�
S89' 37' 22 'W 652.06' CURVE DATA•
i LENGTH = 30.68'
NO2' 1B' 36 "W i RADIUS = 430.00'
30.02' 1
� J DELTA = 04'05'15"
CHORD BEARING S11'36'52 "W
CHORD LENGTH = 30.67'
'1
II �
I� f
i FUTURE
UTILITY EASEMENT
THE WEST LINE OF I (TRACT "R ")
SECTION 25, TOWNSHIP
48 SOUTH, RANGE 26 EAST I I
N THE W. 1/2 OF THE S.W. 1/4 ` THE E. 1/2 OF THE S.W.
OF THE S.W. 1 4
ONVO� / � � OF THE S.W. 1/4
O �
1 l
I
0 50 ,
(INTENDED DISPLAY SCALE: 1" =200')
POINT OF
COMMENCEMENT
2 25 - ---- - - - - -- I/I /
SOUTHWEST CORNER — — — — — -- —r — — — - - -- —
OF SECTION 25 35 36
DESCRIPTION:
E,
A A PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 25; THENCE NORTH 02'18'36" WEST ALONG THE
o WEST LINE OF SECTION 25, A DISTANCE OF 1287.50 FEET; THENCE NORTH 89'37'22" EAST, A
" DISTANCE OF 35.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'37'22" EAST, A
DISTANCE OF 659.45 FEET TO A POINT ON THE WESTERLY LINE OF TRACT "R" AS SHOWN ON THE
PROPOSED PLAT OF INDIAN HILL ESTATES AND A POINT ON A CURVE; THENCE SOUTHERLY ALONG A
` CURVE CONCAVE TO THE EAST AND A RADIUS OF 430.00 FEET AND A CENTRAL ANGLE OF 04 D5'75 ", ,
It WITH A CHORD BEARING AND DISTANCE OF SOUTH 11'36'52" WEST AND 30.67 FEET, RESPECTIVELY,
c AND ALONG THE WESTERLY LINE OF SAID TRACT "R" FOR A DISTANCE OF 30.68' THENCE SOUTH
89'37'22" WEST, A DISTANCE OF 652.06 FEET; THENCE NORTH 0218'36" WEST, A DISTANCE OF 30.02
FEET TO THE SAID POINT OF BEGINNING.
a
0
CONTAINING 19,667.1 SQUARE FEET OR 0.45 ACRES OF LAND, MORE OR LESS.
NOTES: CERTIFIC TION:
1. THIS IS NOT A SURVEY ;
8 2. BASIS OF BEARING IS THE WEST LINE OF SECTION _
25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS Barry .'Syren (For .the Firm LB;p642)
m Professional Land Surveyor
m BEING NO2'18'36 "W. Florida Certificate Nq. 5365
3. SUBJECT TO EASEMENTS, RESERVATIONS, AND
RESTRICTIONS OF RECORDS. Date Signed: _
Not valid without the signature and the
J original raised seal of a Florida Licensed
Surveyor and Mapper.
STANFORD COURT 2350 S, 4112 SKETCH AND DESCRIPTION
PHONE (239) 434 -0333
E N G I N E E R I N E.B. B. G
FAX (2 a3a -9320
Neaz DATE PROJECT NO. FILE ND. SCALE SHEET
JUNE 2012 0126999 -00 25 -46 -28 1 AS SHOWN 1 1 OF 1
EXHOT A
POINT OF BEGINNING I
S71' 07' 57 "E
L - - - --
60.00'
N89' 37" 22 "E 694.47 I
- - _- - -
U
C11
FUTURE
UTILITY EASEMENT I
abo
N 01
O �
04
NN
O 0 50 100
N
(INTENDED DISPLAY SCALE: 1" -200)
U
THE WEST LINE OF
SECTION 25, TOWNSHIP
w
48 SOUTH, RANGE 26 EAST 3
Q,"
O
N) ny
0>
O On
0)
M o THE W. 1/2 OF THE S.W. 1/4 O r,
NN THE E. 1/2 OF THE S.W.
�? OF THE S.W. 1/4 N N
(°n OF THE S.W. 1/4
is n o
�m Z
N
O
Z
0
S21' 08' 07 "E
80.62'
I
N21' 08' 07 "W
I n
80.62'
3 w
! rlCh
�N
O
POINT OF
oN
Z N
COMMENCEMENT S89' 49' 28 "E
THE SOUTH LINE OF
522.44'
�^ SECTION 25,
2 25 (5
TOWNSHIP48 SOUTH,
L4
RANGE 26 EAST
SOUTHWEST CORNER - N89' 49' 28 "W N89' 49 28 W
- - - -
OF SECTION 25 35 36 132.98 221.69'
Curve Table
Line Table
Curve #
Length
Radius
Delta
Chord Bearing
Chord
Line #
Length
Direction
E
Cl
39.09'
430.00'
0512'33"
7167151 46 "W
39.08'
L7
10.00
SOO' 10' 32 "W
2
C2
108.63'
370.00'
16'49'20"
S10' 27' 23 "W
108.24'
L2
40.04
NO2' 18' 36 'W
N
C3
66.54'
940.00'
04'03'21"
SOO' 01' 02 "W
66.53'
L3
45.04.
N89' 49' 28 'W
v
C4
90.12'
270,00'
19'07'28"
S11' 34' 23 "E
89.70'
L4
116.73
N82' 26' 28 'W
P
C5
91.26'
250.00'
20'54'57"
N10' 40' 39 "W
90.76'
L5
16.03
N71' 39' 03 "W
a
C6 173.55' 110.00' 90'23'43" N44' 58' WE 156.10'
0
C7 94.66' 60.00' 90'23'43" N44' 58' WE 85.14'
i
CS 69.36' 190.00' 20'54'57" N10- 40' 39 "W 68.97'
C9 110.15' 330.00' 19'07'28" S11' 34' 23 "E 109.64'
CIO 70.79' 1000.00' 04'03'21" NOD' 01' 02 "E 70.77'
C11 1 87.15' 430.00' 11'36'47" N07' 51' O6"E 67.01'
CERTIFICATION:
8
NOTES:
Barry Lc„Tyren (:FoottheeFirm
I
1. THIS IS NOT A SURVEY
2. BASIS OF BEARING
LB�f642)
professional n Land Surveyor
IS THE WEST LINE OF SECTION 25, TOWNSHIP 48
Florida Certificate No. 5365
6
SOUTH, RANGE 26 EAST, AS BEING NO2'18'36 "W.
3. SUBJECT TO EASEMENTS,
Data Signed: 1�z °'
N
RESERVATIONS, AND RESTRICTIONS OF RECORDS.
4. NOT VALID WITHOUT SHEET 2 OF 2.
Not valid without the signature and the
original raised sea! of a Florida Licensed
Surveyor and Mapper.
2350 STANFORD COURT
NAPLES, FLORIDA 34112
SKETCH AND DESCRIPTION
PHONE (239) 434 -0333
FAX (239) 434 -9320
E.B. 1642
ENGINEERING
DATE
JUNE 2012
PROJECT N0. FRE
0128999 -00
N0. SCALE
25 -48 -26
AS SHOWN
19111T
1 OF 2
DESCRIPTION:
A PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 25; THENCE NORTH 0218'36" WEST ALONG THE
WEST LINE OF SECTION 25, FOR A DISTANCE OF 1287.50 FEET; THENCE NORTH 89'3722" EAST, FOR A
DISTANCE OF 694.47 FEET TO THE POINT OF BEGINNING; SAID POINT BEING ON THE WESTERLY LINE OF
TRACT "R" AS SHOWN ON THE PROPOSED PLAT OF INDIAN HILL ESTATES AND A POINT ON A CURVE;
THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 430.00
FEET AND A CENTRAL ANGLE OF 05'12'33 ", WITH A CHORD BEARING AND DISTANCE OF SOUTH
16'15'46" WEST, 39.08 FEET, RESPECTIVELY AND ALONG THE WESTERLY LINE OF SAID TRACT "R" FOR
A DISTANCE OF 39.09 FEET; THENCE SOUTH 71'07'57" EAST, FOR A DISTANCE OF 60.00 FEET TO A
POINT ON THE EASTERLY LINE OF SAID TRACT "R" AND A POINT OF CURVATURE; THENCE SOUTHERLY
ALONG SAID CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 370.00 FEET AND A CENTRAL
ANGLE OF 16'49'20 ", WITH A CHORD BEARING AND DISTANCE OF SOUTH 10'27'23" WEST. 108.24 FEET,
RESPECTIVELY AND ALONG THE EASTERLY LINE OF SAID TRACT "R" FOR A DISTANCE OF 108.63 FEET
TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 02'02'43" WEST ALONG THE EASTERLY
LINE OF SAID TRACT "R ", FOR A DISTANCE OF 267.98 FEET TO A POINT OF CURVATURE; THENCE
SOUTHERLY ALONG A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS DF 940.00 FEET AND A
CENTRAL ANGLE OF 04'03'21 ", WITH A CHORD BEARING AND DISTANCE OF SOUTH 00'01'02" WEST,
56.53 FEET, RESPECTIVELY AND ALONG THE EASTERLY LINE OF SAID TRACT "R" FOR A DISTANCE OF
66.54 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 02'00'39" EAST ALONG THE
EASTERLY LINE OF SAID TRACT "R" FOR A DISTANCE OF 270.92 FEET TO A POINT OF CURVATURE;
THENCE SOUTHERLY ALONG A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 270.00 FEET
AND A CENTRAL ANGLE OF 19'07'28 ", WITH A CHORD BEARING AND DISTANCE OF SOUTH 11'34'23"
EAST, 89.70 FEET, RESPECTIVELY AND ALONG THE EASTERLY LINE OF SAID TRACT "R" FOR A
DISTANCE OF 90.12 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 21'08'07"
EAST ALONG THE EASTERLY LINE OF SAID TRACT "R ", FOR A DISTANCE OF 80.62 FEET TO A POINT OF
CURVATURE; THENCE SOUTHERLY ALONG A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF
250.00 FEET AND A CENTRAL ANGLE OF 20'54'57 ", WITH A CHORD BEARING AND DISTANCE OF NORTH
10'40'39" WEST, 90.76 FEET, RESPECTIVELY AND ALONG THE EASTERLY LINE OF SAID TRACT "R" FOR
91.26 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 00'13'10" EAST ALONG THE
EASTERLY LINE OF SAID TRACT "R" FOR A DISTANCE OF 226.91 FEET TO A POINT OF CURVATURE;
THENCE SOUTHERLY AND WESTERLY ALONG A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS
OF 110.00 FEET AND A CENTRAL ANGLE OF 90'23'43 ", WITH A CHORD BEARING AND DISTANCE OF
NORTH 44'58'41" EAST, 156.10 FEET, RESPECTIVELY AND ALONG THE EASTERLY LINE OF SAID TRACT
"R" FOR 173.55 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 89'49'28" WEST
ALONG THE SOUTHERLY LINE OF SAID TRACT "R ", FOR A DISTANCE OF 221.69 FEET; THENCE SOUTH
00'10'32" WEST, FOR A DISTANCE OF 10.00 FEET TO A POINT ON THE SOUTH LINE OF SECTION 25;
THENCE NORTH 89'49'28" WEST ALONG THE SOUTH LINE OF SECTION 25, FOR A DISTANCE OF 132.98
FEET; THENCE LEAVING SAID SOUTH LINE NORTH 02'18'36" WEST, A DISTANCE OF 40.04 FEET; THENCE
NORTH 8949'28" WEST, FOR A DISTANCE OF 45.04 FEET; THENCE NORTH 82'26'28" WEST, FOR A
DISTANCE OF 116.73 FEET; THENCE NORTH 71'39'03" WEST, FOR A DISTANCE OF 16.03 FEET TO A
POINT ON THE NORTHERLY LINE OF SAID TRACT "R'; THENCE SOUTH 89'49'28" EAST ALONG THE
NORTHERLY LINE OF SAID TRACT "R A DISTANCE OF 522.44 FEET TO A POINT OF CURVATURE;
THENCE EASTERLY AND NORTHERLY ALONG A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS
OF 60.00 FEET AND A CENTRAL ANGLE OF 90'23'43 ", WITH A CHORD BEARING AND DISTANCE OF
NORTH 44'58'41" EAST AND 85.14 FEET, RESPECTIVELY, ALONG THE NORTHERLY LINE OF SAID TRACT
"R" FOR A DISTANCE OF 94.66 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH
00'13'10" WEST ALONG THE WESTERLY LINE OF SAID TRACT "R" FOR A DISTANCE OF 226.84 FEET TO
A POINT OF CURVATURE: THENCE NORTHERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING
A RADIUS OF 190.00 FEET AND A CENTRAL ANGLE OF 20'54'57 WITH A CHORD BEARING AND
DISTANCE OF NORTH 10'40'39" WEST, 68.97 FEET, RESPECTIVELY AND ALONG THE WESTERLY LINE OF
SAID TRACT "R" FOR A DISTANCE OF 69.36 FEET TO THE POINT OF TANGENCY OF SAID CURVE;
THENCE NORTH 21'08'07" WEST ALONG THE WESTERLY LINE OF SAID TRACT "R ", A DISTANCE OF 80.62
E FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVE CONCAVE TO THE EAST
° HAVING A RADIUS OF 330.00 FEET AND A CENTRAL ANGLE OF 19'07'28 ", WITH A CHORD BEARING AND
6 DISTANCE OF SOUTH 11'34'23" EAST, 109.64 FEET, RESPECTIVELY AND ALONG THE WESTERLY LINE OF
SAID TRACT "R" FOR A DISTANCE OF 110.15 FEET TO THE POINT OF TANGENCY OF SAID CURVE;
THENCE NORTH 02'00'39" WEST ALONG THE WESTERLY LINE OF SAID TRACT "R" FOR A DISTANCE OF
G 270.92 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVE CONCAVE TO THE
EAST HAVING A RADIUS OF 1000.00 FEET AND A CENTRAL ANGLE OF 04'03'21 ", WITH A CHORD
BEARING AND DISTANCE OF NORTH 00'01'02" EAST, 70.77 FEET, RESPECTIVELY AND ALONG THE
WESTERLY LINE OF SAID TRACT "R" FOR A DISTANCE OF 70.79 FEET TO THE POINT OF TANGENCY OF
SAID CURVE: THENCE NORTH 02'02'43" EAST ALONG THE WESTERLY LINE OF SAID TRACT "R" FOR A
DISTANCE OF 267.98 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 430.00 FEET AND A CENTRAL ANGLE OF 11'36'47% WITH
A CHORD BEARING AND DISTANCE OF NORTH 07'51'06" EAST, 87.01 FEET, RESPECTIVELY AND ALONG
THE WESTERLY LINE OF SAID TRACT "R" FOR A DISTANCE OF 87.15 FEET, TO THE SAID POINT OF
a BEGINNING.
0
CONTAINING 101.606.2 SQUARE FEET OR 2.33 ACRES OF LAND, MORE OR LESS.
NOTES:
1. THIS IS NOT A SURVEY
8 2. BASIS OF BEARING IS THE WEST LINE OF SECTION
25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING
T NO2'18'36 "W.
3. SUBJECT TO EASEMENTS, RESERVATIONS, AND
g RESTRICTIONS OF RECORDS.
4. NOT VALID WITHOUT SHEET 1 OF 2.
2350 STANFORD COURT
NAPLES, FLORIDA 34112 SKETCH AND DESCRIPTION
PHONE (239) 434 -0333
E N G I N E E R I N G FAX c E.B. 434 -9320
E.B. 1642 JDATE PROJECT N0, IFILE NO. S(:ALF
JUNE 2012 0128999 -00'i 25 -40 -26 1 AS SHOWN 1 -2 OF 2