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Resolution 2000-126 I, ~~ ~~ ~~ ~~ =... -~ c..> .... :18 U"") ,.: ~.... '"' r-- =- c--..J 8 = "" .. .- AQ ~ c...!) ~ u ~_.... - _ 0" ..... ..... e> U"") ~ ... r-- C> CD .~... - ~""- c-'-J ~ __ c..> "" -. :: s 0::: ~ ~ C) ~_ ......... .~ ~ co -....- c:> Ro-I u 0_ '-0 '" co U"") ..c .... CV") ... ... "'-0 .~ g C'"'..:I co ""~ -- :il~ 0_ .....~ _ co "" 17 A RESOLUTION 2000- ~6 RESOLUTION FOR PETITION V AC 00-006 TO VACATE INGRESS, EGRESS, DRAINAGE, UTILITY, COUNTY UTILITY, TEMPORARY DRAINAGE AND TEMPORARY TURNAROUND EASEMENTS BEING PORTIONS OF THE PLATS "TOLLGATE COMMERCIAL CENTER PHASE TWO" AS RECORDED IN PLAT BOOK 18, PAGES 23 AND 24 AND "TOLLGATE COMMERCIAL CENTER PHASE THREE", PLAT BOOK 22, PAGES 95 THROUGH 100, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT ALTERNATE DRAINAGE AND COUNTY UTILITY EASEMENTS. WHEREAS, pursuant to Sections 177.101, 336.09 and 336.10, Florida Statutes, Kevin A. Denti, Esquire, as agent for owners Toll Gate Commercial Center, First Choice Storage, L.c. and Tollgate Enterprise, LLC., does hereby request the vacation of portions of the plats Tollgate Commercial Center Phase Two as recorded in Plat Book 18, Pages 23 and 24 and Tollgate Commercial Center Phase Three as recorded in Plat Book 22, Pages 95 through 100, Public Records of Collier County, Florida, and is providing alternate drainage and Collier County Utility Easements, as necessary, and .... .... WHEREAS, the Board has this day held a public hearing to consider vacating said portions of the aforementioned plats, as more fully described below, and notice of said public hearing to vacate was given as required by law, and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of the other property owners., and NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that the utility and drainage easements more particularly described in Exhibit "B" attached hereto and incorporated herein is hereby accepted as replacement easements for the drainage and utility easements vacated hereupon. ~ BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to "" "".... ""- .c o ... advertise the adoption of this Resolution once in a paper of general circulation in the County s ~ within 30 days following its adoption. e>_CO .... -- o~ .. tIId~_ c: "" _ ~ .. ... ... Got....:ll _ H Il::M:. U _... -1- 17A BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution, the proof of publication of the notice of public heating and the proof of publication of the notice of adoption of this Resolution in the Official Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same. XTTEST.: Approved as to Fo~ ~d Legal Sufficiency: co?. r.X_C ss oN .S C OLLIER/,GOEJNTY, FLORIDA TIM T(~J~ J. CON'~NTIN~, CHAIRMAN Mami Scudeft Assistant County Attorney G/:ENG1NEERING/RESOLUTION/VAC-00-006/RM/md -2- EXHIBIT "A" American Engineering Consultants, Inc. 790 Harbour Drive Naples, Florida 34103 941-649-1551 · FAX 941-649-7112 EASEMENT DESCRIPTION BEING A PORTION OF TRACT "B-II" (A.K.A. TOLLHOUSE DRIVE), PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE TWO", AS RECORDED IN THE OFFICE OF PUBLIC RECORD FOR COLLIER COUNTY, FLORIDA IN PLAT BOOK 18, PAGES 23 AND 24 AND WHICH IS A PARCEL OF LAND THAT IS USED FOR INGRESS, EGRESS, DRAINAGE, UTILITY (U.E.) AND C.U.E. (COUNTY UTILITY EASEMENT) EASEMENT SAID PORTION IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF TOLLHOUSE DRIVE (A 60 FOOT WIDE PRIVATE ROADWAY) AND TOLLGATE BOULEVARD (A 100 FOOT WIDE PRIVATE ROADWAY); THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST ALONG THE CENTERLINE OF SAID TOLLHOUSE DRIVE, A DISTANCE OF 50.00 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 44 SECONDS EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 50.00 FEET TO THE POINT OF CUSP OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 78.54 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 536.5 SQUARE FEET, MORE OR LESS. SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCE OF RECORD. THE BEARINGS USED FOR THIS DESCRIPTION ARE BASED UPON AN ASSUMED BEARING OF NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST FOR THE CENTERLINE OF SAID TOLLHOUSE BOULEVARD. PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. T. ALANNEAL /; I/c-/~O PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REG. g4656 SHEET ! OF 2 17A 50' [.~ 50.00' N 89'56'16" E CENTERLINE IN'~]~SECTION TRACT 1;5 TOLLGATE COMMERCIAL CENTER PHASE TWO P.B. 18, PGS. 23-24 TRACT B-II TOLLHOUSE DRIVE (80' R/W) (PRIVATE ROADWAY) INGRESS/EGRESS/DRAINAGE/U.E..AND (C.U.E.) EASEMENT (PER PLAT) POINT OF CUSP N B9'56'16' E / I I /~=90°00'00" L=78.54' C=70.71' C.B.=S 44'56'16' W TRACT 7 INOT A SURVEY. SKETCH OF EASEMENT DESCRIPTION ONLY.[ DENOTES ~UB-~CT EASi~iENT DESCRIPTION SKETC.H OF EASEMENT DESCRIPTION (NOT TO 6CALE) SHEET Z OF ~ EXHIBIT "B" American Engineering Consultants, Inc. 790 Harbour Drive Naples, Florida 34103 941-649-1551 · FAX 941-649-7112 17A EASEMENT DESCRIPTION BEING A PORTION OF TRACT "B-II" (A~K.A. TOLLHOUSE DRIVE, A 60 FOOT WIDE PRIVATE ROADWAY), PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE TWO", AS RECORDED IN THE OFFICE OF PUBLIC RECORD FOR COLLIER COUNTY, FLORIDA IN PLAT BOOK 18, PAGES 23 AND 24 AND WHICH IS A STRIP OF LAND THAT IS USED FOR A INGRESS, EGRESS, DRAINAGE, UTILITY (U.E.) AND C.U,E. (COUNTY UTILITY EASEMENT) EASEMENT, SAID TRACT "B-II" IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 10, AS SHOWN ON THE ABOVE MENTIONED PLAT, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST, A DISTANCE OF 671.18 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 60.50 FEET TOTHE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RAD1US OF 25.00 FEET, A CENTRAL ANGLE OF 11 DEGREES 32 MINUTES 54 SECONDS, AND A CHORD OF 5.03 FEET BEARING SOUTH 84 DEGREES 17 MINUTES 17 SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 5.04 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 667.06 FEET; THENCE SOUTH 0 DEGREES 46 MINUTES 58 SECONDS WEST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 40,293.8 SQUARE FEET (0.9 ACRE), MORE OR LESS. SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCES OF RECORD. THE BEARINGS USED FOR THIS DESCRIPTION ARE BASED UPON AN ASSUMED BEARING OF SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST FOR THE CENTERLINE OF SAID TOLLHOUSE DRIVE. PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. T. ALANNEAL /,'//~,/~q PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REG. g4656 SHEET ! .OF _2 17^ JNOT A SURYEY. SKETCH EASEMENT DESCRIPTION ON~LY. ! DENOTES SUBJECT EASEMENT D~RIP'rlON SKETCH OF EASEMENT DESCRIPTION (NOT TO SCALE) SHEET ~ OF Z EXHIBIT "C" 17A TRACT 13 TRACT 12 TRACT B-II TOLLHOUSE DRIVE TRACT 11 SKETCH OF EASEMENT DESCRIPTION (NOT TO 8GALE) INOT A SURVEY. SKETCH OF I EASEMENT DESCRIPTION ~1 DENOTES SUBJECT EASEMENT DESCRIPTION EA6EMENT DESCRIPTION BEING TRACTS 7, 8, 9 AND 10, PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE TWO", AS RECORDED IN PLAT BOOK 18 PAGES 2,3 AND 24 OF THE PUBLIC RECORDS FOR COLLIER COUNTY, FLORIDA . CONTAINING 5.3 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCE OF RECORD. PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. T. ALAN NEAL ,'/'~,/~;~ PR.OFESIONAL LAND SURVEYOR AND MAPPER STATE OF FLORIDA REG. # 4656 SHEET 1 OF J. EXHIBIT "D" 17A TRACT 13 TRACT 12 TRACT 11 _ ~' - TR-A~'136~'11 TOLLHOUSE DRIVE- TRACT 8 I TRACT 9 I TRACT 10 TOLLGATE' COMMERCIALCENTER PHASE TWO] P.B. 18, I PGS. 23-24 I reACT '8 I TRACT 15 m ~ SKETCH OF EASEMENT DESCRIPTION INOT TO 80ALE} INOT A SURVEY. SKETCH OF I ~ DENOTES SUBJECT EASEMENT DESCRIPTION EASEMENT DESCRIPTION ONLY.I EASEMENT DE..S(~RIPTION BEING THE SOUTH 50 FEET OF TRACT 11, PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE TWO", AS RECORDED IN THE OFFICE OF PUBLIC RECORD FOR COLLIER COUNTY, FLORIDA IN PLAT BOOK 18, PAGES 25 AND 24. CONTAINING 8,501 SQUARE FEET, MORE OR LESS. SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCE OF RECORD. PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. T. ALAN NEAL /'/"4'/~¢ PROFESlONAL LAND SURVEYOR AND MAPPER STATE OF FLORIDA REG. # 4656 0 SHEET 1 OF 1 EXHIBIT "E" TRACT 3,~ TRACT 35 TOLLGATE COMMERCIAL PHASE THREE P,B. 22, PGS. 95-100 DENOTES SUBJECT EASEMENT DESCRIPTION NOT A SURVEY. SKETCH OF EASEMENT DESCRIPTION ONLY. C.R. 84 {R/W VARIES) TRACT 37 / 20' DRNNAGE EASEMENT WEST 20' TRACT 36 CENTER SKETCH OF EASEMENT DESCRIPTION (NOT TO BCALE) EASEMENT DESCRIPTION BEING THE WEST 20 FEET OF' TRACTS 36 AND ,37, PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE THREE", AS RECORDED IN THE OFFICE OF' PUBLIC RECORD FOR COLLIER COUNTY, FLORIDA IN PLAT BOOK 22, PAGES 9,5 THROUGH 100. CONTAINING 10,4-59 SQUARE FEET, MORE OR LESS. SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCE OF RECORD. PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. T. ALAN NEAL ///,'~,/gg PROFESIONAL LAND SURVEYOR AND MAPPER STATE OF FLORIDA REG, # 4656 SHEET J_ OF 1 This instrument prepared by: Kevin A. Denti, Esquire Buckingham, Doolittle & Burroughs, LLP 5551 Ridgewood Drive - Suite 201 Naples, Florida 34108 CORRECTIVE DRAINAGE EASEMENT THIS CORRECTIVE DRAINAGE EASEMENT is granted this ~,TH~. day of P~[ , 2000, by First Choice Storage, L.C., a Florida limited liability company, as Grantor, to Tollgate Commercial Center Property Owners Association, Inc, a Florida not-for- profit corporation, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, and its successors and assigns a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage facilities on the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of construction, operating, and maintaining drainage facilities thereon. The Grantee shall have full responsibility for maintaining the lands described herein and the drainage facilities located thereon and shall repair any damage caused by the use or maintenance thereof. This Corrective Drainage Easement has been executed for the purpose of correcting the legal description attached to that certain Drainage Easement recorded in O.R. Book 2658, Page 1087, Public Records of Collier County, Florida. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and yea Witn~es~'#2- i -e -- witness #2 - Pmt4d STATE OF ~'[~t3~C~ COUNTY OF ('_nil~ FIRST CHOICE STORAGE, L.C., a Florida limited liability company .... Janice M. Burros, M~t~aging Member / by Janice M. Burrus, Manning Member of FIRST CHOIC~E STORAGE, E.C., a Florida limited liability company ~7-~ who is personally kno~n to//ne or/~ who has produced il:~.,~k~q 1~8: ~ffi. ~00 It T-'~-ned or ofinted name of~ t'~, ,~,?,~g ~ll~#nl~Ylll~lll~#m~l~ [ yp p O ame olrqorary I ............. 1[ MY COMMISSION EXPIRES: <~NAP:20761 _ 1 }} EXHIBIT "A" EASEMENT DES.CRIPTION BEING A PARCEL OF LAND THAT IS LYING W1TI-tlN TRACT "B-H" (A.K.A. TOLLHOUSE DRIVE, A 60 FEET WIDE PRIVATE ROADWAY) AND TRACT 11, PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE TWO", AS RECORDED IN THE OFFICE OF PUBLIC RECORD FOR COLLIL~R COUNTY, FLORIDA IN PLAT BOOK 18, PAGES 23 AND 24 AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 10, AS SHOWN ON THE ABOVE MENTIONED PLAT, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES.56 MINUTES 16 SECONDS WEST, A DISTANCE OF 671.18 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 60.50 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 11 DEGREES 32 MINUTES 54 SECONDS, AND A CHORD OF 5.03 FEET BEARING SOUTH 84 DEGREES I7 MINUTES 17. SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 5.04 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 535.79 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 15.00 FEET; TI-IL=TNCE SOUTH 0 DEGREES 03 MINUTES 44 SECONDS EAST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 116.27 FEET; THENCE SOUTH 0 DEGREES 46 MINUTES 58 SECONDS WEST, A DISTANCE OF 60.00 FEET TOTHE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 43,515.6 SQUARE FEET (0.9 ACRE), MORE OR LESS. LESS AND EXCEFrlNG: . THE NORTH 25 FEET OF THE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 492.38 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. THE NORTH 25 FEET OF THE SoIYrH 40 FEL~ OF THE EAST 144.00 FEET OF THE WEST 259.87 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCES OF RECORD. THE BEARINGS USED FOR THIS DESCRIPTION ARE BASED UPON AN ASSUMED BEARING OF SOUTH 89 DEGREF~ 56 MINUTES 16 SECONDS WEST FOR THE CENTERLINE OF SAID TOLLHOUSE DRIVE. PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. T. ALAN NEAL PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REG. $/4656 SHEET ! OF 2_ 17A TRACT 'e'~. TOLLGATE BLVD. (R/W VARIES} This instrument prepared by: Kevin A. Denti, Esquire Buckingham, Doolittle & Burroughs, LLP 5551 Ridgewood Drive Suite 20 I Naples, Florida 34108 CORRECTIVE SUBORDINATION AGREEMENT This Corrective Subordination Agreement is executed on this ,2000 by Citizens Community Bank of Florida ("Lender"). o~'7 ~lay of First Choice Storage, L.C., a Florida limited liability ("Owner"), is the owner of the real property described as follows: See Exhibit "A" attached hereto The above-described real property is encumbered by a Mortgage and Security Agreement ("Mortgage") in favor of Lender recorded in Official Records Book 2624, Page 2302, an Assignmere of Rents, Leases, Profits and Contracts ("Assignment") recorded in Official Records Book 2624, Page 2319, and a UCC-1 Financing Statement ("UCC-1") recorded in Official Records Book 2624, Page 2329, all of the Public Records of Collier County, Florida. Owner has requested that Lender subordinate all of its right, title and interest in and to the above-described Mortgage, Assignment, and UCC-1 to various drainage easements to be imposed upon the above-described real property by Owner. In accordance with the request of Owner, Lender hereby subordinates all of its fight, title, and interest in and to the Mortgage, Assigment, and UCC-1 to drainage easements to be imposed by Owner over all or any portion of the real property described on Exhibit "A" attached hereto in favor of Collier County and Toll Gate Commercial Center Property Owners Association, Inc. This Subordination Agreement shall take effect immediately upon the execution hereof. Except for altering the priority of the lien created by Lender's Mortgage, Assigmnent, and UCC-1 to the various drainage easements to be imposed as described herein, this Subordination Agreement shall not alter or affect any terms, conditions, or covenants contained in the Mortgage, Assignment, and UCC- 1. This Corrective Subordination Agreement has been executed for the purpose of correcting the legal description attached to that certain Subordination Agreement recorded in O.R. Book 2658, Page 1090, Public Records of Collier County, Florida. This insa'urnent prepared by: Kevin A. Denfi, Esquire Buckingham, Doolittle & Burroughs, LLP 5551 Ridgewood Drive Suite 201 Naples, Florida 34108 17A CORRECTIVE SUBORDINATION AGREEMENT This Corrective Subordination Agreement is executed on ,2000 by Citizens Community Bank of Florida ("Lender"). this ~'Tt~tay of First Choice Storage, L.C., a Florida limited liability ("Owner"), is the owner of the real property described as follows: See Exhibit "A" attached hereto The above-described real property is encumbered by a Mortgage and Security Agreement ("Mortgage") in favor of Lender recorded in Official Records Book 2624, Page 2302, an Assignment of Rents, Leases, Profits and Contracts ("Assignment") recorded in Official Records Book 2624, Page 2319, and a UCC- 1 Financing Statement ("UCC- 1") recorded in Official Records Book 2624, Page 2329, all of the Public Records of Collier County, Florida. Owner has requested that Lender subordinate all of its right, title and interest in and to the above-described Mortgage, Assignment, and UCC-1 to various drainage easements to be imposed upon the above-described real property by Owner. In accordance with the request of Owner, Lender hereby subordinates all of its right, tifle, and interest in and to the Mortgage, Assignment, and UCC-1 to drainage easements to be imposed by Owner over all or any portion of the real property described on Exhibit "A" attached hereto in favor of Collier County and Toll Gate Commercial Center Property Owners Association, Inc. This Subordination Agreement shall take effect immediately upon the execution hereof. Except for altering the priority of the lien created by Lender's Mortgage, Assignment, and UCC-1 to the various drainage easements to be imposed as described herein, this Subordination Agreement shall not alter or affect any terms, conditions, or covenants contained in the Mortgage, Assignment, and UCC- 1. This Corrective Subordination Agreement has been executed for the purpose of correcting the legal description attached to that certain Subordination Agreement recorded in O.12. Book 2658, Page 1090, Public Records of Collier County, Florida. IN WITNESS year first above-written. 17A WHEREOF, Lender has set its hand and seal hereto on the day and LENDER: Print NamedAddre~ Below: · ruce G. Fedor wi~ ~ \ v_ ~ Print NamedAddress Below: Kallv CITIZENS C3~vlMUNITY BANK By: . OF STATE OF FLO~tlD..~ COUNTY OF The. foregoing insmmaent was acknowledged before me this ~Y~day of ~ , 2000, by ~ ~Z2~ ,as fi.~_;. {/7. /if. of CITIZENg,~20~TY BANK O~ FLORIDA, [~.] e(vho is persot{ally known to me or [ ] who has produced as identification. MY COMMISSION # CC 783202 tl ~;~d~/ EXPIRES: October 30. 2002 NOTARY PUBLIC Rhonda G. Hall TYPED OR PRINTED NAME OF NOTARY MY COMMISSION EXPIRES <<NAP:21682_1 >} EXHIBIT "A" EASEMENT DESCRIPTION BEING A PARCEL OF LAND THAT IS LYING WT1/-IIN TRACT "B-H" (A.K.A. TOLLHOUSE DRIVE, A 60 FEET WIDE PRIVATE ROADWAY) AND TRACr 11, PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE TWO", AS lIECORDED IN THE OFFICE OF PUBLIC RECORD FOR COLLIER COUNTY, FLORIDA IN PLAT BOOK 1% PAGES 23 AND 24 AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 10, AS SHOWN ON THE ABOVE MENTIONED PLAT, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES.56 MINUTES 16 SECONDS WEST, A DISTANCE OF 671.18 FEET; THENCE NORTH 0 DEGREES 03 MINIYrES 44 SECONDS WEST, A DISTANCE OF 60.50 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RAD1US OF 25.~0 FEET, A CENTRAL ANCILE OF 11 DEGREES 32 MINUTES 54 SECONDS, AND A CHORD OF 5.03 FEET BEARING SOUTH ~4 DEGt!l;'F-~ 17 MINUTES 17. SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 5.04 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF $35.79 FEET; THENCE NORTH 0 DEGRI;~-S 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 214.78 FEk-I'; THENCE NORTH 89 DEGIH;3:S ~6 MINUTES 16 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 44 SECONDS EAST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 116.27 FEET; THENCE SOUTH 0 DEGREES 46 MINUTES 58 SECONDS WEST, A DISTANCE OF 60.00 FEET TOTHE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 43,515.6 SQUARE FEET (0.9 ACRE), MORE OR LESS. LESS AND EXCEPTING: . THE NORTH 25 FEET OF THE SOUTI-140 FEET OF THE EAST 144.00 FEET OFTHE WEST 492.38 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEE'r, MORE OR LESS. THE NORTH 25 PEET OF THE SOUTH 40 FEET OF THE EAST I44.00 FEET OF THE WEST 259.87 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. SUBJECt TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCES OF RECORD. THE BEARINGS USED FOR THIS DESCRIPTION ARE BASED UPON AN ASSUMED BEARING OF SOUTH 89 DEGt~F]~S ~6 MINUTES 16 SECONDS WEST FOR THE CENTERLINE OF SAID TOIJ.HOUSE DRIVE. o o PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REG. ~,4656 TRACT 'B'~. T___OLLGATE BLVD. (R/W VARIES) 214..78' N 00'03'44" W ~ 21 This instrument prepared by: Kevin A. Denti, Esquire Buckingham, Doolittle & Burroughs, LLP 5551 Ridgewood Drive Suite 201 Naples, Florida 34108 CORRECTIVE DRAINAGE EASEMENT 17A THIS CORRECTIVE DRAINAGE EASEMENT is granted this ~_ day of ~ , 2000, by First Choice Storage, L.C., a Florida limited liability company, as Grantor, to the Board of County Commissioners for Collier County, Florida, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, and its successors and assigns a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage facilities on the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of construction, operating, and maintaining drainage facilities thereon. Notwithstanding the foregoing, the Grantee shall not have any responsibility to maintain the lands described herein but shall repair any damage caused by the use thereof. This Corrective Drainage Easement has been executed for the purpose of correcting the legal description attached to that certain Drainage Easement recorded in O.R. Book 2658, Page 1084, Public Records of Collier County, Florida. IN ~I~ITNESS WHEREOF, the Grantor has caused these presents to be executed the day~ ~'.~.bove written. ~~ '~ FIRST CHOICE STORAGE, L.C., a Florida t~~ ~Cp]~~ limited liability company Witn~~/' ~d~'~ ~ ~,' By: Witn[/ss~'7~-i~ [tur'~-- - - // ~ /~J~mce M. Burras, Managing Member Witness ~2'- Prln ~d lqamb' I- - STATE OF COUNTY OF 00tl The foregoing instrument was acknowledged before me by Janice M. Bums, Managin~lember of FIRST CHOI( limited liability company ~ who is personally kno~n toefl as identifi~ .NAP:21680_1 is 2~%of ~)~l ,2000 g STORAGE, L.C., a Florida he or/~ who has produced [- - .~ ..........~dY COMMISSION EXPI~S: EXHIBIT "A" EASEMENT DESCRIPTION BEING A PARCEL OF LAND THAT IS LYING WITHIN TRACT "B-II" (A.K.A. TOLLHOUSE DRIVE. A 60 FEET WIDE PRIVATE ROADWAY) AND TRACt 11, PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE TWO", AS RECORDED IN THE OFFICE OF PUBLIC RECORD FOR COLLI]~R COUNTY, FLORIDA IN PLAT BOOK 18, PAGES 23 AND 24 AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMEN~G AT THE NORTHEAST CORNER OF TRACT 10, AS SHOWN ON THE ABOVE MENTIO~ PLAT, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 56 NflNLWES 16 SECONDS WEST, A DISTANCE OF 671.18 FEET; THENCE NORTH 0 DEGREES 03 ~ 44 SECONDS WEST, A DISTANCE OF 60.50 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 11 DEGREES 32 MINUTES 54 SECONDS, AND A CHORD OF 5.03 FEET BEARING SOLrfH 84 DEGRI~.S 17 MIIWUTES 17. SECONDS ETLST;/'HENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 5.04 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 535.79 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 44 SECONDS EAST, A DISTANCE OF 214.78 FEET; TI-IENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 116.27 FEET; THENCE SOUTH 0 DEGREES 46 MINUTES 58 SECONDS WEST, A DISTANCE OF 60.00 FEET TOTHE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 43,515.6 SQUARE FEET (0.9 ACRE), MORE OR LESS. LESS AND EXCEPTING: THE NORTH 25 FEET OF THE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 492.38 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. THE NORTH 25 FEET OF THE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 259.87 FEET OF THE ABOVE DESCRIED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCES OF RECORD. THE BEARINGS USED FOR THIS DESCRIPTION ARE BASED UPON AN ASSUMED BEARING OF SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST FOR THE CEHTERLINE OF SAID TOLLHOUSE DRIVE. PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDAREG. g4656 SHEET ! OF 2 TRACT "B'~_ T___OLLGATE BLVD. (R/W VARIES) 214.78' N 00'03'44" w rq This instrument prepared by: Kevin A. Denti, Esquire Buckingham, Doolittlc & Burroughs, LLP $551 Ridgewood Drive Suite 201 Naples, Florida 34105 CORRECTIVE SUBORDINATION AGREEMENT This Corrective Subordination Agreement is executed on this ,2000 by Citizens Community Bank of Florida ("Lender"). ~ ?d[day of First Choice Storage, L.C., a Florida limited liability ("Owner"), is the owner of the real property described as follows: See Exhibit "A" attached hereto The above-described real property is encumbered by a Mortgage and Security Agreement ("Mortgage") in favor of Lender recorded in Official Records Book 2624, Page 2302, an Assignment of Rents, Leases, Profits and Contracts ("Assignment") recorded in Official Records Book 2624, Page 2319, and a UCC-1 Financing Statement CUCC-I") recorded in Official Records Book 2624, Page 2329, all of the Public Records of Collier County, Florida. Owner has requested that Lender subordinate all of its fight, title and interest in and to the above-described Mortgage, Assignment, and UCC-1 to various utility easements to be imposed upon the above-described real property by Owner. In accordance with the request of Owner, Lender hereby subordinates all of its right, title, and interest in and to the Mortgage, Assignment, and UCC-1 to utility easements to be imposed by Owner over all or any portion of the real property described on Exhibit "A" attached hereto in favor of Collier County and Florida Power & Light Company. This Subordination Agreement shall take effect immediately upon the execution hereof. Except for altering the priority of the lien created by Lender's Mortgage, Assignment, and UCC-1 to the various utility easements to be imposed as described herein, this Subordination Agreement shall not alter or affect any terms, conditions, or covenants contained in the Mortgage, Assignment, and UCC-1. This Corrective Subordination Agreement has been executed for the purpose of correcting the legal description attached to that certain Subordination Agreement recorded in O.R. Book 2652, Page ISOS, Public Records of Collier County, Florida. IN WITNESS year first above-written. WHEREOF, Lender has set its hand and seal hereto on the day and LENDER: Print Name/Address Below: Bruce G. F~dor Ally CITIZENS CJ~[~qlTY BANK B.y3,/ s,~.~ g'"/,,,~-'~-x '" OF STATE OF FLORIDA COUNTY OF //~~ The_foregoing ment was acknowledged befpre~me this ~7 ~ay of E/,~f/ :ooo, by (~r2/_~ ~. ~ , as C~... Y/.or CITIZENS ~O~-~IT~ BANK Oil FLORIDA, [,)(,~vho is persorlally known to me or [ ] who has produced as identification. MY COMMISSION ~ CC 78320'2 l[ !1%~.~, EXPIRES: October ~0, 2002 Ii ![ 7'~'::'~'* ~.~.~,..o~,~u.~.. I1 NOTARY PUBLIC Rhond~ G. Hall TYPED OR PRINTED NAME OF NOTARY MY COMMISSION EXPIRES <<NAP:21681_I ~ O EXHIBIT "A" EASEMENT DESCRIPTION BEING A PARCEL OF LAND THAT IS LYING WITHIN TRACT "B-IF (A~K.A_ TOLLHOUSE DRIVE. A 60 FEET WIDE PRIVATE ROADWAY) AND TRACT 11, FLAT OF "TOLLGATE COMMERCIAL CENTER PHASE TWO", AS RECORDED IN THE OFFICE OF PUBLIC RECORD FOR COLLIER COUNTY, FLORIDA IN PLAT BOOK 18, PAGES 23 AND 24 AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 10, AS SHOWN ON THE ABOVE MENTIONED PLAT, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGI!lk~.S 56 MINUTES 16 SECONDS WEST, A DISTANCE OF 671.18 FEET; THENCE NORTH 0 DEGREES 03 MINLrrES 44 SECONDS WEST, A DISTANCE OF 60.50 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 11 DEGREES 32 MINUTES 54 SECONDS, AND A CHORD OF 5.03 FEk-r BEARING SoLrrH 84 DEGREES 17 MINUTES 17 SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 5.04 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 535.79 FEET; THENCE NORTH 0 DEGI~I=]=.S 03 MINIrrEs 44 SECONDS WEST, A DISTANCE OF 214.7~ FEET; THENCE NORTH 89 DEGIll~-S ~6 MINIfrEs 16 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 0 DEGRRF. S 03 MINUTES 44 SECONDS EAST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 116.27 FEET; THENCE SOUTH 0 DEGREES 46 MINUTES 58 SECONDS WEST, A DISTANCE OF 60.00 FEET TOTHE POINT OF BEGINNINCr, SAID DESCRIBED TRACT CONTAINING 43,515.6 SQUARE FEET (0.9 ACRE), MORE OR LESS. LESS AND EXCEPTING: THE NORTH 25 FEET OF THE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 492.38 FEET OF THE ABOVE DESCRIB~ PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. THE NORTH 25 FEET OF THE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 259.87 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCES OF RECORD. THE BEARINGS USED FOR THIS DESCRIPTION ARE BASED UPON AN ASSUMED BEARING OF SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST FOR THE CENTERLINE OF SAID TOLLHOUSE DRIVE. PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REG. #4656 SHEET ! OF 2_ I; TRACT 'B'~. T__OLLGATE BLVD. (R/W VARIE~) o This instrument prepared by: Kevin A. Denti, Esquire Buckingham, Doolittle & Burroughs, LLP 5551 Ridgewood Drive Suite 201 Naples, Florida 34108 CORRECTIVE UTILITY EASEMENT day an~ ~_~ first above written. Witn~s~ #2 -~ig~ture ff Wime~ ~2 -~inted N~o THIS CORRECTIVE UTILITY EASEMENT is granted this~a-day of ,~'Y'; I , 2000, by First Choice Storage, L.C., a Florida limited liability company, as Grantor, to' the Board of County Commissioners for Collier County, Florida, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, and its successors and assigns a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities on the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of construction, operating, and maintaining utility facilities thereon. Notwithstanding the foregoing, the Grantee shall not have any responsibility to maintain the lands described herein but shall repair any damage caused by the use thereof. This Corrective Utility Easement has been executed for the purpose of correcting the legal description attached to that certain Utility Easement recorded in O.R. Book 2652, Page 1502, Public Records of Collier County, Florida. II' WITNESS WHEREOF, the Grantor has caused these presents to be executed the FIRST CHOICE STORAGE, L.C., a Florida limited liability company /~Sanice M. Burros, Managing Member STATE OF COUNTY OF ore.oi.. a k ow, ed d, o or t .:000 by J~ice M. Bur~s, Mana~ng Member of FI~T CHO~ STO~GE, L~., a FIo~da limit~ Hab~W company ~who is person~ly ~o~ to ~e or~ who h~ produced ................. ,,?~..,,?,, [ '"~[,~' ~~~ MY COMMISSION EXPI~S: .N~:21344_1 EXHIBIT "A" EASEMENT, DESCRIPTION BEING A PARCEL OF LAND THAT IS LYING WITHIN TRACT "B-II" (A.K.A. TOLLHOUSE DRIVE, A 60 FEET WIDE PRIVATE ROADWAY) AND TRACT 11, PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE TWO", AS RECORDED IN THE OFi~CE OF PUBLIC RECORD FOR COLLIER COUNTY, FLORIDA IN PLAT BOOK 18, PAGES 23 AND 24 AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 10, AS SHOWN ON THE ABOVE MENTIONED PLAT, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES '56 MINUTES 16 SECONDS WEST,. A DISTANCE OF 671.18 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 60.50 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTIt, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 11 DEGREES 32 MINUTES 54 SECONDS, AND A CHORD OF 5.03 FEET BEARING SOUTH 84 DEGREES 17 MINUTES .17 SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 5.04 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 535.79 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE SOLrrH 0 DEGREES 03 MINLrrES 44 SECONDS EAST, A DISTANCE OF 214.78 FEET; THENCE NORTH 119 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 116.27 FEET; THENCE SOUTH 0 DEGREES 46 MINUTES 511 SECONDS WEST, A DISTANCE OF 60.00 FEET TOTHE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 43,515.6 SQUARE FEET (0.9 ACRE), MORE OR LESS. LESS AND EXCEPTING: THE NORTH 25 FEET OF THE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 492.38 FEET OF TIlE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. THE NORTH 25 FEET OF THE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 259.117 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCES OF RECORD. THE BEARINGS USED FOR THIS DESCRIPTION ARE BASED UPON AN ASSUMED BEARING OF SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST FOR THE CEN'rERLINE OF SAID TOLLHOUSE DRIVE. o PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. T. ALAN NEAL PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REG. ~4656 SHEET _1 OF _2 17 N 00"0 TRACT 'B'~. T.__OLLGATE BLVD. (R/W VARIES) ~ ~'~ z -I 214.78' N 00'03'44" w ~ Not ~). 214.78' s -- ~ z 13 -I m i Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: TANYA PHILLIPS PO BOX 413O16 NAPLES FL 34101-3016 REFERENCE: 001230 1131383126491 58060020 VAC-00-006 NOTICE OF State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Pauly News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County/ Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person/ firm or corporation any discount/ rebate/ commission or refund for the purpose of securing this advertisement for publiclion in the said newspaper. PUBLISHED ON: 05/08 AD SPACE: 52.000 INCH FILED ON: 05/08/00 Signature of Affiant //d~ *** 26356 Sworn to and Subscribed before me this <~ day of Personally known by me _~ ~ ~r'%*~_l ' Susan D Flora My Commission CC581717 Expires Dec. 10. 2000 VAC-00-006 NOTICE OF . ADO~TION Notice Is h~F'eby given th. of on the 2nd clay of nnay; 2000, ~e Board of County Commissioners of Collier County, Florida, adopted Resolution 2000-126, re Petition VAC-00-006, pursuant to Sections 177.101, 336.09 and 336.10, Florida Stat- utes, Kevin A. Denfi, Es- quire, as agent for petitioner, Tollgate En- Terprise, LLC, relating to the vacation of aorUons of the pl~ts of Tollgate Commercial Center Phase Two ~s recorded in Plot Book 18, Pages 23 and 24 and Tollgate Com- mercial Center Phase Three as recorded in Plot Book 22, Pages 95 through 100, Publlc Re- cords of Collier County, Florida. Resolution 2000-126 rnoy be viewed In the Of- fice of the Clerk to the Bo~rd, N~lnutes & Re- cords Deportment, 4th Floor, Administration Building, Collier County Government Center, 3301 East Tomtoml Troll, .Nobles, Florida. BOARD OF COUNTY CO/~AAISS4ONERS CALLER COUNTY, FLORIDA TIAAOTHY J. t CONSTANTINE, CHAIRA6AN DWIGHT E. BROCK, CLERK BY:/s/Karen Schoch, (sDepu~ Clerk EAL) Aaay 8 No. 1613682 07 OR: 2675 PG: 2732 *** RECORDED in OFPICIAL R~CORDS of COLLIER COUNTY, FL 05/15/2000 at 01:107~ DWIGHT E, BROCK, CLERK REC ~EE 6,00 COPIES 1,00 Retn: CSERK 70 ?HE BOARD IN?~RO~ICE 47H ~500R EX? 7240 !-~ BUCKINGHAM, DOOLrlTLE & BURROUGHS, LLP 5551 Ridgewood Drive Suite 201 Naples, FL 34108 941.591.3232 Fax941.591.2584 www.bdblaw.com May 1, 2000 Akron Canton Cleveland Columbus Boca Raton Naples VIA HAND DELIVERY Mr. Russell Mueller Community Development Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Toll Gate Project Dear Russell: Enclosed herewith please find original documents as follows: 1. Corrective Utility Easement ......................Board of County Commissioners 2. Corrective Subordination Agreement .......Citizens Community Bank 3. Corrective Drainage Easement ..................Board of County Commissioners 4. Corrective Drainage Easement .................Tollgate Commercial Center Association 5. Corrective Subordination Agreement .......Citizens Community Bank Kevin A. Deii Enclosures This instrument prepared by: Kevin A. Denti, Esquire Buckingham, Doolittle & Burroughs, LLP 5551 Ridgewood Drive - Suite 201 Naples, Florida 34108 CORRECTIVE DRAINAGE EASEMENT THIS CORRECTIVE DRAINAGE EASEMENT is granted this ol94~ day of P~ [ , 2000, by First Choice Storage, L.C., a Florida limited liability company, as Grantor, to Tollgate Commercial Center Property Owners Association, Inc, a Florida not-for- profit corporation, its successors and assigns, as Grantee. WITNESSETH'. That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, and its successors and assigns a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage facilities on the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of construction, operating, and maintaining drainage facilities thereon. The Grantee shall have full responsibility for maintaining the lands described herein and the drainage facilities located thereon and shall repair any damage caused by the use or maintenance thereof. This Corrective Drainage Easement has been executed for the purpose of correcting the legal description attached to that certain Drainage Easement recorded in O.R. Book 2658, Page 1087, Public Records of Collier County, Florida. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and yea ~firs~. _ Witness #2 - Print4d ~n~ t'~_) WithieS[#2 - FIRST CHOICE STORAGE, L.C., a Florida limited liability company ...-Janice M. Burros, l~a~aging Member STATE OF COUNTY OF The foregoing instrument was acknowledged before me t~ by Janice M. Burrus, Mana?__~g Member of FIRST CHOI( limited liability company I V I who is personally knm/vn to as identifi~ 1[ ~'.F~ =;: ~.~ ~. ~ =z~NOT.~I~Y t ............. q <~NAP:20761 _1 >> is2q' "~ay of ~d')~ i ,2000 ,! E STORAGE, E.C., a Florida ne or/~----~ who has produced Typed or printed name of Notary MY COMMISSION EXPIRES: EXHIBIT "A" OR: 2677 PG: 0372 EASEMENT DESCRIPTION BEING A PARCEL OF LAND THAT IS LYING WITHIN TRACT "Bqr' (A~K.A. TOLLHOUSE DRIVE. A 60 FEET WIDE PRIVATE ROADWAY) AND TRACT 11, PLAT OF '"rOLLGATE COMMERCIAL CENTER PHASE TWO", AS RECORDED IN THE OFFICE OF PUBLIC RECORD FOR COLLIER COUNTY, FLORIDA IN PLAT BOOK 18, PAGES 23 AND 24 AND WI-IICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMNIENCING AT THE NORTHEAST CORNER OF TRACT 10, AS SHOWN ON THE ABOVE MENTIONED PLAT, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES..56 MINUTES 16 SECONDS WEST, A DISTANCE OF 671.18 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 60.50 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 11 DEGREES 32 MINUTES 54 SECONDS, AND A CHORD OF 5.03 FEET BEARING SOUTH 84 DEGREES 17 MINLrFES 17. SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 5.04 FEErr; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 535.79 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 44 SECONDS EAST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 116.27 FEET; THENCE SOUTH 0 DEGREES 46 MINUTES 58 SECONDS WEST, A DISTANCE OF 60.00 FEET TOTHE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 43,515.6 SQUARE FEET (0.9 ACRE), MORE OR LESS. LESS AND EXCEPTING: THE NORTH 25 FEET OF THE Sou'rH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 492.38 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. THE NORTH 25 FEET OF THE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 259.87 FEET OF TIlE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCES OF RECORD. THE BEARINGS USED FOR THIS DESCRIPTION ARE BASED UPON AN ASSUMED BEARING OF SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST FOR THE CENTERLINE OF SAID TOLLHOUSE DRIVE. PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. T. ALAN NEAL PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REG. #4656 SHEET ! OF 2_ TRACT 'B"~_ T__OLLGATE BLVD. (R/W VARIES) This instrument prepared by: Kevin A. Denti, Esquire Buckingham, Doolittle & Burroughs, LLP 5551 Ridgewood Drive Suite 201 Naples, Florida 34108 2637245 OR: 2677 PG: 0374 05/18/2000 at 08:201# D#IGHY ~etn: CL~!K TO THB BOARD 7240 CORRECTIVE SUBORDINATIONAGREEMENT COPIES 19.~0 4.00 This Corrective Subordination Agreement is executed ,2000 by Citizens Community Bank of Florida ("Lender"). on this ~.~TC~ay of First Choice Storage, L.C., a Florida limited liability ("Owner"), is the owner of the real property described as follows: See Exhibit "A" attached hereto The above-described real property is encumbered by a Mortgage and Security Agreement ("Mortgage") in favor of Lender recorded in Official Records Book 2624, Page 2302, an Assignment of Rents, Leases, Profits and Contracts ("Assignment") recorded in Official Records Book 2624, Page 2319, and a UCC-1 Financing Statement ("UCC-I") recorded in Official Records Book 2624, Page 2329, all of the Public Records of Collier County, Florida. Owner has requested that Lender subordinate all of its right, title and interest in and to the above-described Mortgage, Assignment, and UCC-1 to various drainage easements to be imposed upon the above-described real property by Owner. In accordance with the request of Owner, Lender hereby subordinates all of its right, title, and interest in and to the Mortgage, Assignment, and UCC-1 to drainage easements to be imposed by Owner over all or any portion of the real property described on Exhibit "A" attached hereto in favor of Collier County and Toll Gate Commercial Center Property Owners Association, Inc. This Subordination Agreement shall take effect immediately upon the execution hereof. Except for altering the priority of the lien created by Lender's Mortgage, Assignment, and UCC-1 to the various drainage easements to be imposed as described herein, this Subordination Agreement shall not alter or affect any terms, conditions, or covenants contained in the Mortgage, Assignment, and UCC- 1. This Corrective Subordination Agreement has been executed for the purpose of correcting the legal description attached to that certain Subordination Agreement recorded in O.R. Book 2658, Page 1090, Public Records of Collier County, Florida. IN WITNESS year first above-written. WHEREOF, Lender has set its hand and seal hereto on the day and LENDER: Print Name/Addrq~ Below: eruce 6. Fedor K, Ib CITIZENS C~MMUNITY BANK By: '"" OF STATE OF COUNTY OF The~foregoing instrument was acknowledged before me this ~xq 7~dav of//~/~; ~z~ 2000, by (~rn.~.4-, ~~xc ,as ,~dr~c,-,. {,/. /(7. o~'~'CiTiZ~EN~'/~O~i~UNiT,~ g ° ! ANK O~ FLORIDA, [~.] ~ho is personally known to me or [ ] who has produced as idemification. .,-~... =.: ;.:. MY COMMISSION # CC 783202 tl):,:~:c~....~f~ EXPIRES'. October 30, 2002 l';~"~'~11x~i Bonded Thru Notary Public Undeneriters .~]: -- -- -- :-_ .............. _ NOTARY PUBLIC Rhonda G. Hall TYPED OR PRINTED NAME OF NOTARY MY COMMISSION EXPIRES <<NAP:21682 1>> EXHIBIT "A" 17A EASEMENT DESCP3PTION BEING A PARCEL OF LAND THAT IS LYING WITHIN TRACT "B-IF' (A.K.A, TOLLHOUSE DRIVE. A 60 FEET WIDE PRIVATE ROADWAY) AND TRACT 11, PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE TWO", AS RECORDED IN THE OFFICE OF PUBLIC RECORD FOR COLLIER COUNTY, FLORIDA IN PLAT BOOK 18, PAGES 23 AND 24 AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTI~AST CORNER OF TRACT 10, AS SHOWN ON THE ABOVE MENTIONED'PLAT, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES.56 MINUTES 16 SECONDS WEST, A DISTANCE OF 671.18 FEET; THENCE NORTH 0 DEGREES 03 M]NLFI'ES 44 SECONDS WEST, A DISTANCE OF 60.50 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 11 DEGREES 32 MINUTES 54 SECONDS, AND A CHORD OF 5.03 PEET BEARING SOUTH 84 DEGREES 17 MINUTES .17. SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 5.04 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 535.79 FEET; THENCE NORTH 0 DEGREES 03 MINIrrES 44 SECONDS WEST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 44 SECONDS EAST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 116.27 FEET; THENCE SOUTH 0 DEGREES 46 MINUTES 58 SECONDS WEST, A DISTANCE OF 60.00 FEET TOTHE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 43,515.6 SQUARE FEET (0.9 ACRE), MORE OR LESS. LESS AND EXCEFrING: THE NORTH 25 FEET OF THE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 492.38 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. THE NORTH 25 FEET OF THE SOI. YrH 40 FEET OF THE EAST 144.00 FEET OF TI~ WEST 259.87 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR'LESS. SUBJECT TO ANY EASEMENTS, RESTRICrIONS AND/OR ENCUlVIBRANCES OF RECORD. THE BEARINGS USED FOR THIS DESCRIPTION APE BASED UPON AN ASSUMED BEARING OF SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST FOR THE CENTERLINE OF SAID TOLLHOUSE DRIVE. PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. T. :ALAN NEAL PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REG. ~4656 Sbic-T! 1..7A TRACT 'B'~_ TOLLGATE BLVD. (R/W'---~ARIES) N 1 This instrument prepared by: Kevin A. Denti, Esquire Buckingham, Doolittle & Burroughs, LLP 5551 Ridgewood Drive Suite 201 Naples, Florida 34108 CORRECTIVE DRAINAGE EASEMENT THIS CORRECTIVE DRAINAGE EASEMENT is granted this ._.27~_ day ~ , 2000, by First Choice Storage, L.C., a Florida limited liability company, as (~'rantor, to the Board of County Commissioners for Collier County, Florida, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, and its successors and assigns a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage facilities on the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of construction, operating, and maintaining drainage facilities thereon. Notwithstanding the foregoing, the Grantee shall not have any responsibility to maintain the lands described herein but shall repair any damage caused by the use thereof. This Corrective Drainage Easement has been executed for the purpose of correcting the legal description attached to that certain Drainage Easement recorded in O.R. Book 2658, Page 1084, Public Records of Collier County, Florida. Ii~.~IT~.NESS WHEREOF, the Grantor has caused these presents to be executed the anyone(~ ~ §_~bove written. ~>~,.~/~'~ FIRST CHOICE STORAGE, L.C., a Florida ...."~i~. ~ .~f<~C ~~~/~.~ limited liability company Witn~{m #1/-_.$~nt M ~ ' By: '~ if] ~/( I 0,//( ff'~ ., //-J~nice M. Burrus, Managing Member Witness ~2'- Pr{nt.'d l~am~' I- - ST, T · COUNTY oF (~tl tO~ The foregoing instrument was acknowledged before me t!~s ~-'~ day of ~r}{ , 2000 by Janice M. Burrus, Managin~l~lember of FIRST CHOICtE-~-ORAGE, L.C., a Florida limited nabinty companywho is personally kno to/mewho has produced denti. g% 2/g % I~ ~;~?:~- - ~tt~ ~. CRabS- -- i-;aY COMMISSION EXPIRES: <<NAP:21680_l>> II-g~"~,' .!~ MY O0MMml0N # 0O $8~1~0 II EXHIBIT "A" EASEMENT DESCRIPTION BEING A PARCEL OF LAND THAT IS LYING WITH/N TRACT "B-II" (A~K.A~ TOLLHOUSE DRIVE, A 60 FEET WIDE PRIVATE ROADWAY) AND TRACT 11, PLAT OF '~rOLLGATE COMMERCIAL CENTER PHASE TWO", AS RECORDED IN THE OFFICE OF PUBLIC RECORD FOR COLLIER COUNTY, FLORIDA IN PLAT BOOK 18, PAGES 23 AND 24 AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 10, AS SHOWN ON THE ABOVE MENTIONED PLAT, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST, A DISTANCE OF 671.18 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 60.50 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 11 DEGREES 32 MINUTES 54 SECONDS, AND A CHORD OF 5.03 FEET BEARING SOUTH 84 DEGREES 17 MINUTES 17. SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 5.04 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 535.79 FEET; THENCE NORTH 0 DEGREES 03 MINIYrES 44 SECONDS WEST, A DISTANCE OF 214.78 FEE~; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 44 SECONDS EAST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 116.27 FEET; THENCE SOUTH 0 DEGREES 46 MINUTES 58 SECONDS WEST, A DISTANCE OF 60.00 FEET TOTHE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 43,515.6 SQUARE FEET (0.9 ACRE), MORE OR LESS. LESS AND EXCEPTING: THE NORTH 25 FEET OF THE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 492.38 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. THE NORTH 25 FEET OF THE SOUTH 40 FEET OF TIdE EAST 144.00 FEET OF THE WEST 259.87 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCES OF RECORD. THE BEARINGS USED FOR THIS DESCRIPTION ARE BASED UPON AN ASSUMED BEARING OF SOLrI~ 89 DEGREES 56 MINUTES 16 SECONDS WEST FOR THE CENTERLINE OF SAID TOLLHOUSE DRIVE. PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. -' T. ALAN NEAL PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REG. #4656 SH2EET ! OF 2_ N oo'o TRACT 'B'~_ T.__OLLGATE BLVD. (R/W VARIES) It'"} S > o ~ rn -' m ~ z m z ~ z 214..78' N 00'03'44" W 214.78' S oo'1 rq This instrument prepared by: Kevin A. Denti, Esquire Buckingham, Doolittle & Burroughs, LLP 5551 Ridgewood Drive Suite 201 Naples, Florida 34108 17A 2637247 OR: 2677 PG: 0381 RllCORDBD in OI~FICIAL RBCORI)8 of COLLIB!I COUNTY, FL 05/18/2000 at 08:20AM DWIGHT ~. BROCK, CLIIRK Retn: ~LBRI 70 ?~B BO~1tl) CORRECTIVE SUBORDINATION AGREEMENT This Corrective Subordination Agreement is executed on this ,2000 by Citizens Community Bank of Florida ("Lender"). C0PIBS ;~ 2~day of 19.50 4.00 First Choice Storage, L.C., a Florida limited liability ("Owner"), is the owner of the real property described as follows: See Exhibit "A" attached hereto The above-described real property is encumbered by a Mortgage and Security Agreement ("Mortgage") in favor of Lender recorded in Official Records Book 2624, Page 2302, an Assignment of Rents, Leases, Profits and Contracts ("Assignment") recorded in Official Records Book 2624, Page 2319, and a UCC-1 Financing Statement ("UCC-1") recorded in Official Records Book 2624, Page 2329, all of the Public Records of Collier County, Florida. Owner has requested that Lender subordinate all of its right, title and interest in and to the above-described Mortgage, Assignment, and UCC-1 to various utility easements to be imposed upon the above-described real property by Owner. In accordance with the request of Owner, Lender hereby subordinates all of its right, title, and interest in and to the Mortgage, Assignment, and UCC-1 to utility easements to be imposed by Owner over all or any portion of the real property described on Exhibit "A" attached hereto in favor of Collier County and Florida Power & Light Company. This Subordination Agreement shall take effect immediately upon the execution hereof. Except for altering the priority of the lien created by Lender's Mortgage, Assignment, and UCC-1 to the various utility easements to be imposed as described herein, this Subordination Agreement shall not alter or affect any terms, conditions, or covenants contained in the Mortgage, Assignment, and UCC-1. This Corrective Subordination Agreement has been executed for the purpose of correcting the legal description attached to that certain Subordination Agreement recorded in O.R. Book 2652, Page 1505, Public Records of Collier County, Florida. IN WITNESS year first above-written. WHEREOF, Lender has set its hand and seal hereto on the day and LENDER: Print Name/Address Below: Bruce G. Fedor OF STATE OF FLORIDA COUNTY OF //~~ ..... The, qfo.rego.m,g ~stpm~/.ent~/was acknowle~ged be£/ore,~me this ,~7 ~ay of d/,~-~(5~ , zuuu, oy '~//~t2;4..//z..4dA ,,~,,Z~x._. , as ~.)/ee... //. ~.'of CITIZENS ~OMMUNITY BANK Oil FLORIDA, [,K~'~who is persor~ally known to me or [ ] who has produced as identification. II ,,,~,:.,~i'.;',~% ' RHONDA O. HALLI! !1~';:'.'~.'~4~ EXPIRES: October 30, 2002 Jl "~;:~,':E~'" Bonded Th,u Notary Public Underwriters jj NOTARY PUBLIC Rhonda G. Hall TYPED OR PRINTED NAME OF NOTARY MY COMMISSION EXPIRES <<NAP:21681_1>> EXHIBIT "A" 17A EASEMENT DESCRIPTION BEING A PARCEL OF LAND THAT IS LYING WITHIN TRACT "B-II" (A.K.A. TOLLHOUSE DRIVE. A 60 FEET WIDE PRIVATE ROADWAY) AND TRACT 11, PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE TWO", AS RECORDED IN THE OFFICE OF PUBLIC RECORD FOR COLLIER COUNTY, FLORIDA IN PLAT BOOK 18, PAGES 23 AND 24 AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 10, AS SHOWN ON THE ABOVE MENTIONED PLAT, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST, A DISTANCE OF 671.18 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 60.50 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 11 DEGREES 32 MINUTES 54 SECONDS, AND A CHORD OF 5.03 FEET BEARING SOUTH 84 DEGREES 17 MINUTES .17. SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 5.04 FEET; THENCE NORTH 89 DEGREES 56 MINI.rYES 16 SECONDS EAST, A DISTANCE OF 535.79 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 214.73 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 0 DEGREES 03 MI S 44 SECONDS EAST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 116.27 FEET; THENCE SOUTH 0 DEGREES 46 MINUTES 58 SECONDS WEST, A DISTANCE OF 60.00 FEET TOTHE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 43,515.6 SQUARE FEET (0.9 ACRE), MORE OR LESS. LESS AND EXCEPTING: THE NORTH 25 FEET OF TIlE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 492.38 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. TOGETHER AND WlTH: THE NORTH 25 FEET OF THE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 259.87 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCUMBRANCES OF RECORD. THE BEARINGS USED FOR THIS DESCRIPTION ARE BASED UPON AN ASSUMED BEARING OF SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST FOR THE CENTERLINE OF SAID TOLLHOUSE DRIVE. PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. T. ALAN NEAL PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA PEG. #4656 SHEET ! OF 2 N oo'o TRACT 'B'~_ T__OLLGATE BLVD. (R/W VARIES) 214-.78' N 00'O.3'44' z z M This instrument prepared by: Kevin A. Denti, Esquire Buckingham, Doolittle & Burroughs, LLP 5551 Ridgewood Drive Suite 201 Naples, Florida 34108 day an~ ,~ first above written. /Wi~es~ t ~S i~natt~e~ ~"x Witn'es~ ~2 Aig~mre ~ Wi~ess ~2 -~ted Nhme 17A CORRECTIVE UTILITY EASEMENT THIS CORRECTIVE UTILITY EASEMENT is granted thisag~day of /'~l/ , 2000, by First Choice Storage, L.C., a Florida limited liability company, as Grantor, to the Board of County Commissioners for Collier County, Florida, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, and its successors and assigns a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain utility facilities on the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of construction, operating, and maintaining utility facilities thereon. Notwithstanding the foregoing, the Grantee shall not have any responsibility to maintain the lands described herein but shall repair any damage caused by the use thereof. This Corrective Utility Easement has been executed for the purpose of correcting the legal description attached to that certain Utility Easement recorded in O.R. Book 2652, Page 1502, Public Records of Collier County, Florida. I~ WITNESS WHEREOF, the Grantor has caused these presents to be executed the FIRST CHOICE STORAGE, L.C., a Florida d li bility limite a company By: ,//~ani ce M. Bu~s, M~agin Member STATE OF COUNTY OF CO The foregoing instrument was acknowledged before me this ~r]~day of /Jd)r~ { , 2000 by Janice M. Burrus, Managing Member of FIRST CHOI~ STORAGE, L.~., a Florida limited liability company ~-~who is personally known., to/he or,[---~ who has produced ......... asiaentifiC~/~ (~/~ ~//, ~ J ....... .= NOT~RkffFU'~L~C' '~ , ~..,y,: ...... ,~: .... MY COMMISSION EXPI~S: ~N~:21344_1)) .$ EXHIBIT "A" EASEMENT DESCRIPTION BEING A PARCEL OF LAND THAT IS LYING WITHIN TRACT "B-H" (A.K.A~ TOLLHOUSE DRIVE. A 60 FEET WIDE PRIVATE ROADWAY) AND TRACT 11, PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE TWO", AS RECORDED IN THE OFFICE OF PUBLIC RECORD FOR COLLIER COUNE~, FLORIDA IN PLAT BOOK 18, PAGES 23 AND 24 AND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 10, AS SHOWN ON THE ABOVE MENTIONED PLAT, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES '56 MINUTES 16 SECONDS WEST, A DISTANCE OF 671.18 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 60.50 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADI-IJS OF 25.00 FEET, A CENTRAL ANGLE OF 11 DEGREES 32 MINUTES 54 SECONDS, AND A CHORD OF 5.03 FEET BEARING SOUTH 84 DEGREES 17 MINUTES 17. SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 5.04 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 535.79 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 44 SECONDS EAST, A DISTANCE OF 214.78 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST, A DISTANCE OF 116.27 FEET; THENCE SOUTH 0 DEGREES 46 MINUTES 58 SECONDS WEST, A DISTANCE OF 60.00 FEET TOTHE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 43,515.6 SQUARE FEET (0.9 ACRE), MORE OR LESS. LESS AND EXCEPTING: THE NORTH 25 FEET OF THE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 492.38 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. THE NORTH 25 FEET OF THE SOUTH 40 FEET OF THE EAST 144.00 FEET OF THE WEST 259.87 FEET OF THE ABOVE DESCRIBED PARCEL OF LAND AND WHICH CONTAINS 3,600 SQUARE FEET, MORE OR LESS. SUBJECT TO ANY EASEMENTS, RESTRICTIONS AND/OR ENCIJMBRANCES OF RECORD. THE BEARINGS USED FOR THIS DESCRIPTION ARE BASED UPON AN ASSUMED BEARING OF SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST FOR THE CENTERLINE OF SAID TOLLHOUSE DRIVE. PREPARED BY: AMERICAN ENGINEERING CONSULTANTS, INC. T. ALAN NEAL PROFESSIONAL SURVEYOR AND MAPPER STATE OF P~ORIDA REG. g4656 SHEET ! OF 2_ TRACT "B"~_ T___OLLGATE BLVD. (R/W VARIES)