PNC Subordination Consent & Joinder INSTR 4790553 OR 4878 PG 3017
RECORDED 1/24/2013 12:29 PM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
Project: Collier County Water-Sewer District REC$44.00
Fence to Fence Group! — P.S. 312.21 Folio
Number: 76885050652
SUBORDINATION, CONSENT AND JOINDER
-� THIS SUBORDIJVATION, CONSENT AND JOINDER OF EASEMENT given this
day of GE/Y1 E7✓, 2012 by PNC BANK, NATIONAL ASSOCIATION, whose post
office address is PNC Financial Services, 201 East Fifth Street, Mail Stop B1-BM01-02-02,
Cincinnati, Ohio 45202, (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").
WITNESSETH:
WHEREAS, Mortgagee is the owner and holder of that certain Mortgage, Assignment of
Rents and Security Agreement and Notice of Future Advance (Securing Fixed Rate Mortgage
Note) by and between First Choice Storage, L.C. ("Mortgagor"), and National City Bank dated
October 28, 2005 and recorded November 29, 2005 in O.R. Book 3937, Page 2664, UCC
Financing Statement by and between First Choice Storage, L.C. and National City Bank
recorded in O.R. Book 4169, Page 3058 on January 17, 2007, UCC, Financing Statement
Amendment by and between First Choice Storage, L.C. and PNC Bank, National Association
recorded in O.R. Book 4708, Page 878, as modified by UCC Financing Statement Amendment
as recorded in O.R. Book 4708, Page 880 by and between First Choice Storage, L.C. and PNC
Bank National Association recorded on August 5, 2011, last assigned to PNC Bank, National
Association, 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 Mortgagor, as the fee simple
owner of the Encumbered Property, a perpetual non-exclusive easement, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this reference (the "Easement"), for
utility and access purposes over, under, on and across portions of the encumbered premises
legally described in the Easement (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, in accordance with the
terms herein, and Mortgagee has agreed to sign this instrument to evidence its agreement.
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
Easement. The effect of the immediately foregoing sentence of this instrument shall be the
25091412.1
same as if the Easement had been recorded prior to the recording of the Mortgage, and such
provision shall not grant to CCWSD any greater rights or impose upon Mortgagee any greater
obligations. This instrument shall not be construed to constitute the approval by Mortgagee of
the use of the Easement Property or of any amendments or modifications of the Easement.
Except as subordinated to the Easement, the Mortgage shall remain in full force and effect.
Mortgagee has executed this instrument at the request of Mortgagor and CCWSD, and
Mortgagee does not make any representations or warranties with respect to the Easement
Property.
By its acceptance of this instrument, CCWSD acknowledges and agrees that (a) it will
not, in the exercise of its rights under the Easement, interfere with the use and operation of,
ingress and egress to or from, or visibility of, the Encumbered Property, except that the existing
facilities on the property shall not be deemed an interference of ingress, egress or visibility, (b) it
will use and operate the facilities located on the Easement Property in a condition and manner
which is safe, clean and appropriately maintained, (c) it will not use the Easement Property for
storage and shall remove from the Easement Property any facilities which are obsolete or no
longer functional, and (d) it will terminate the Easement and its rights under this instrument if at
any time the Easement Property is no longer used by CCWSD for the operation and
maintenance of wastewater utility facilities.
The following portion of the page intentionally left blank
25091412.1
IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and year
first written above.
PNC BANK, NATIONAL ASSOCIATION Witness (Signature)
Name: ay-N/6- g5ax //E15
(Print or Type) X / 61 57-6-V -/V.-5
Name:
. � Title: JIGV/iOfZ. VICE. —9�1�ES7
' itness (Signature/
Name: Ca Rd sT! y.. bA V/s
(Print or Type)
STATE OF OHIO
COUNTY OF HAMILTON
The foregoing Subordination, Consent and Joinder of Easeme t was
acknowledged
beforg e this day of.. ? e — , 2012 by/ 4- "
(Name),
64' r. r (Title), on behalf of PNC Bank, National Association, who is [trpersonally
known to me or[1 who has produced as identification.
(affix notarial seal)
(Signature of Not.lf Public)
f/p
/S 77 yj, i,47.1//S
.� ►� (Print Name of Notary Public)
°S CHRISTI Y. DAVIS NOTARY PUBLIC
* —* Notary Public,State of Ohio Serial/Commission #:
My Commission Exp.Feb.18,2013
My Commission Expires: ., //e/..20/3
Approved as to form&legal sufficiency
Al
Assistant •unty A'omey
25091412.1
NOTES:
1. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR ZONING, EASEMENTS, RIGHTS-OF-WAY, OWNI �TjdIONNOR SETBACKS.
2. BASIS OF BEARINGS IS AS SHOWN. DISTANCES ARE IN FEET AND DECIMALS THEREOF. ��//�� 11 '1
3. THIS SKETCH IS NOT A BOUNDARY SURVEY. Pays 1 Hof o� ,
4. SEE ATTACHED.FOR LEGAL DESCRIPTION.
1
GRAPHIC SCALE
0 40 60 80
liniiii
c
z
3 a✓ 1 inch = 40 FEET
Im c P.B. = PLAT BOOK
o a_
0 0
0 0 LU cr
Q
co z
w
W TRACT 13
ice w N TOLLGATE COMMERCIAL
t z w CENTER PHASE TWO
cw� N Fr-- P.B. 18, PG. 23 & 24
J —J 4,j Li
J Q
O m�1.N
w
Q o 1-d b
a. PROPOSED U1IUTY
I- _- EASEMENT
0 I-w N. 9'56'16"E. 1766 SQUARE FEET
A Q m 3
38.00'
J 0_ O ( W
O N I 14
0 I °o ? POINT OF BEGINNING
z k` 10 0
_vi
- ___..-2 --/ 13 00' 10' UTILITY EASEMENT (PER PLAT) S.89'56'16"W. 225.01'
UTILITY EASEMENT S.89'56'16"W.
O.R. BOOK 1552 PAGE 2243 POINT OF COMMENCEMENT
1 RADIUS=25.00' SE CORNER OF TRACT 13
DELTA=90'00'00" TOLLHOUSE DRIVE
_ — ARC=39.27' — — —
CHORD=35.36' TRACT B-II
N.45'03'44"W. TOLLGATE COMMERCIAL
CENTER PHASE TWO
P.B. 18, PG. 23 & 24 ".
,
THIS IS A SKETCH TO ACCOMPANY A LEGAL DESCRIPTION (SEE ATTACHED) OF A PROPOSED '
vet, ,,wo. 1'r(lib
UTILITY EASEMENT BEING LOCATED ON A PORTION OF TRACT 13, TOLLGATE COMMERCIAL .. .,4,.`
CENTER PHASE TWO, PLAT BOOK 18, PAGES 23 AND 24, PUBLIC RECORDS OF COLLIER r.•� , F ,r.'..
:
COUNTY, FLORIDA. :aLO ta 1.
PREPARED BY: G�/JG� ���.!/I�c 4 :. J •.
ELIZA F. GAINES, PSM FL LICENSE NO. LS-4576 ,,,.,/,...,,, , '
'' �• �1 ' 0
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE ABOVE NAMED FLORIDA PROFESSIONAL SURVEYOR AND MAPPER. �/
CUENT: TETRATECH, INC. REVISIONS/DATE:
E.F. Gaines Surveying Services, Inc. DATE OF FIELD WORK: 8/12/11 ADD T.C.E." 10/07/11 TM,
5235 Ramsey Way,Suite 10 DATE OF DRAWING: 9/16/11 REMOVE T.C.E. 04/19/12
Fort Myers, Florida 33907 SCALE: 1"=40'
Phone: 239-418-0126 Fax: 239-418-0127 DRAWING FILE: 0443-001 SHEET 1 OF 1
EF!+1[+. EXHIBIT A
E.F.GAINES SURVEYING SERVICES,INC.
A UTILITY EASEMENT LOCATED ON
TRACT 13,TOLLGATE COMMERCIAL CENTER PHASE TWO
(PLAT BOOK 18, PAGES 23 AND 24), COLLIER COUNTY, FLORIDA
All that part of Tract 13,Tollgate Commercial Center Phase Two according to the plat thereof as recorded in Plat
Book 18,pages 23 and 24,Public Records of Collier County, Florida being more particularly described as
follows:
COMMENCING at the southeast corner of Tract 13,Tollgate Commercial Center Phase Two according to the
plat thereof as recorded in Plat Book 18, pages 23 and 24,Public Records of Collier County, Florida;
thence along the south line of said Tract 13, S.89°56'16"W. for 225.01 feet to the POINT OF BEGINNING of the
parcel herein described;
thence continue along the boundary of said Tract 13 in the following three (3)described courses:
1.) continue S.89°56'16"W. for 13.00 feet;
2.) westerly,northwesterly and northerly 39.27 feet along the arc of a circular curve concave to the northeast
having a radius of 25.00 feet,through a central angle of 90°00'00"and being subtended by a chord which
bears N.45°03'44"W.for 35.36 feet;
3.) N.00°03'44"W. for 25.00 feet to a line which lies 50 feet northerly of and parallel with(as measured at
right angles to)the south line of said Tract 13;
thence along said parallel line N.89°56'16"E. for 38.00 feet to a line which lies 38 feet easterly of and parallel
with(as measured at right angles to)the west line of said Tract 13;
thence along said parallel line S.00°03'44"E. for 50.00 feet to the POINT OF BEGINNING of the Parcel herein
described;
Bearing are based on the centerline of Tollgate Boulevard being N.00°03'44"W.;
Parcel contains 1766 square feet more or less;
Subject to easements, restrictions and reservations of record;
Prepared by:
E.F. Gaines Surveying Services, Inc.
- 61... V,A-
zab ) . PSM Date
' 'lotic License ,lea576
,- ��7.1
Z'. Zy V1 a
i., SSk*eh El I ing.Vo,9443-001
M\EFs,.Survey4rble`cts\O443 politer Co Pump Station Easements LS 312.21,312.25\deliverables\0443-001-1 LS 312.21 Util Esmt
Descriptian.docx " A
e.,
E.F. Gaines Surveying Services, Inc. - 5235 Ramsey Way,Suite 10 - Fort Myers, Florida 33907
P: 239-418-0126 - F. 239-418-0127 - www.EFGaines.com