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Folio #00431400004 & 00431440006 Subordination INSTR 4973779 OR 5030 PG 2247 • RECORDED 4/25/2014 12:07 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Project: Sabel Bay Force Main REC$27.00 Folio Number: 00431400004 & 00431440006 SUBORDINATION. CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER OF EASEMENT given this day of , 2014 by CDC Land Investments, Inc., a Florida corporation, whose address is 2550 Goodlette Road North, Suite 100, 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 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. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage and Security Agreement by and between CDC Land Investments, Inc., a Florida corporation and Collier Land Development, Inc., a Florida corporation dated December 27, 2012, and recorded December 31, 2012 in O.R. Book 4871, Page 745 in the Public Records of Collier County, Florida (hereinafter referred to as "Mortgage"), encumbering the premises legally described therein (hereinafter referred to as the"Encumbered Properly"); 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 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. 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. (14,,t641 V , • CDC Land Investments, Inc., Witness (Sinnature? n '1 a Florida corporation Name: CL Q r- ( E D ociC r-t`e--eL (Print or Type) / � /if, Witness (Signature) By: ` Name: Lt/4 DA M. CA,hJA/IJA (Print or Type) Name: -Pakrt e., ,.. L . U.. e v Title: \I I ce- Rrestae- STATE OF FIc,„,1a, COUNTY OF C__101,kt'e v- The foregoing Subordination, Consent and Joinder of Easement was ackrAwledged before me this 14& day of .,r c.4_ , 2014 by �"r t e.k L. Lt.-}}err (Name), \(►c a res tde► (Title), on behalf of CDC Land Investments, Inc. a Florida corporation, who is [ LA-personally known to me or[ ]who has produced as identification. (affix notarial seal) 6 . 40-ur---7-i (Signa ure of Notary Public) t� Ea-0-12-44 t 1a 12�.. vJ Or* DE80RAHABROVYM (Print Name of Notary Public) *: ��� :r MY COMMISSION#EE 843929 NOTARY PUBLIC ?^ BoMedThmNotaryPubtoU'20 e,s Serial/Commission#:Ec 84 3 .2-9. My Commission Expires: - e+ . t(a { , t(o 0 EXHIBIT z Z U w N r CD' w Of Z O (Ni F J Q Y * H�_N w t- z p w CANAL NT * w 4 0 < w�Q -r E EASEME * m V 0 o�<II- w 5 O R p14385' PAGE 367 0 z w° mo o I Z O ••ti II I,,i m i M J m r nJ°� vNao 1 w � w0aro J ¢ W W N Z H 2 K m M II Z U II a w D cT Q o j m n W w g - p . Z 'n d g0° N Q OD w ¢wU cpo V! =wUop W N lJ¢ M . 7 W W / W W VI w 0 t0 z�V1 Z¢I Z Z w lL� Z O o N �_ 0 Q W 10� .e N• Hi!PdHb w Z¢ 0 ¢ N N L17 Z Y w V1 - n n O M 0¢ J�. Q p ow3 ;p?Um I re CO- ,� O wwU2 - Q ww3, op I �O r7 c) r- o, - o, F'z z= w� in i+� v,v GQ�0,560z�� ¢ ,n 0 0 0 iE cn N¢ VI Z Z p p a a U LI-J m O O, Cr, 6 wp - I-0Z¢OODU II II II OF z Z In V, Z * n LW Z,T ZE ww II II6m3 "¢ — W \ Wo cr awwo mmom OOO ww Z JNMCy m CO w E 5 U U 6 6 K 6 V7 J J jr J o N w z L.1 0 U 2 + C T 0 Vi I ° 1 g 3 I m d r; v II �-. W LL ! Cyma •■1 I D c1-IO. d" 1 0 z5.1 1 Y Ci a •U1 >- w m < JLL m o ......-,>_ _J i —I i 1'V-i 2 0 < g O P l∎ o W Q ---- Cl) ( ■ ° 0 8 01 Q Q wa_-`E.y I 0 V) a- V�-p I 1--' ON I 0 J o ;p�FPa� — I g "'c 44r IQ u l a_ wec Y .-, -,-, f, !'.. o „ c. f • Ye w- w Q t •CO J w wa /` ro ,. wpw n n o �f,(. 'r 00�r•~ Z E 0 3 7 CC W¢ r a 0�4 C.) c •'o p o .LLB' H 0 m N N Opn 3 O O c-v N Y M a nto N Jm0 + w e v O [o a' m + / w J 0174'< i ,,, - ? J J w n 1- I + = o '3'V ,6S H. l0V4i1 JO 121Vd I � I U a l Zc. 30Vd '91 >1008 1Vld I I x r Y = 0 33dH1 3SVHd w 3 0 o m " I 1Vld 1V1383INIAI03 AV8 1VBVS I a >< o,',y o m T 1 - - Iwn _<llw w ,�r,, 13V2i1 i M <fr w o C.> w Z CA lEXHr rT� , EXHIBIT_ . 0_. .. Stantec Legal Description of part of Section 19, Township 50 South, Range 26 East, Collier County, Florida (15'Wide C.U.E. (Collier Utility Easement)) Commencing at the Easterlymost Corner of Tract"H" according to the plat of Sabal Bay Commercial Plat- Phase One, as recorded in Plat Book 38, Pages 81-84, Public Records of Collier County, Florida and also being a point of the southwesterly Right of Way of State Road No. 90 (US 41). Thence along said Right of Way South 39°03'59" East 748.70 feet to a point on a Drainage Easement as recorded in Official Records Book 4385, Page 3675 of the Public Records of Collier County, Florida and the Point of Beginning; Thence leaving said Right of Way and along said Drainage Easement South 41°05'31" West 15.23 feet; Thence leaving said easement and along a line 15 feet south and parallel with said Right of Way, North 39°03'59"West 751.31 feet to a point on the Easterly line of Said Tract"H"; Thence along said line North 50°55'33" East 15.00 feet to the POINT OF BEGINNING. Containing 0.26 acres or 11,247 square feet, more or less. Subject to easements and restrictions of record. Bearings are based on the said Right of Way of US 41 being South 39°03'59" East, Florida State Plane - East Zone 83-90 Adjustment. Stantec Consulting Services Inc Registered Engineers and Land Surveyors Certificate of Authorization #LB-7866 By: ''`' - 11/19/13 Lance I Miller, Professional Surveyor and Mapper#L55627 Date Not.V.alid.unless embossed with the Professional's Seal " y REF: 2D-122FM sheet 3 CA