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D:: PQ J::::: ......:a fXI ......:a ~<E-e~ QJ PQ :z: < a:: c::::: t--f ::z: PROJECT: CR-951 Water Transmission Mains Project 70151/70152 PARCEL NO.: 28P FOLIO: 34740080000 SUBORDINATION, CONSENT AND JOINDER OF EASEMENT THlr SUBOR~ATIQN, CONSENT AND JOINDER OF EASEMENT given this ;;< 6-1 day of /lr L ^ , 2006 by COMMUNITY BANK OF NAPLES, N.A., a national banking association, whose post office address is 5150 Tamiami Trail North, Naples, Florida 34103, (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "CCWSD"). Mortgagee is used as singular or plural, as the context requires. WIT N E SSE T H: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage, Assignment of Rents and Security Agreement dated February 7, 2003 by and between A.L. PETROLEUM, INC., a Florida corporation, and COMMUNITY BANK OF NAPLES, N.A. recorded on March 31, 2003, in Official Records Book 3252, Page 1491 et seq., Receipt for Future Advance, dated February 10, 2004, recorded on March 12, 2004, in Official Records Book 3519, Page 2384 et seq., and UCC Financing Statement, recorded on March 31,2003, in Official Records Book 3252, Page 1515, et seq., of the Public Records of Collier County, Florida, (hereinafter collectively referred to as "Mortgage"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"); and WHEREAS, CCWSD has requested and received from the fee simple owner of the Encumbered Property a perpetual non-exclusive easement for utility, access and maintenance purposes over, under, on and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference (which premises are hereinafter referred to as the "Easement Property"); and WHEREAS, CCWSD has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that CCWSD has in the Easement Property, to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, on and across the Easement Property and any interest of CCWSD in any utility, access and maintenance facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, on and across the Easement Property, or any utility, access and maintenance facilities located therein or affixed thereto, said Mortgage shall remain in full force and effect. Scj 1 OR: 4011 PG: 2611 Subordination, Consent and Joinder Community Bank of Naples, N.A. A.L. Petroleum, Inc. Page 2 IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and year first written above. COMMUNITY BANK OF NAPLES, N.A., a national banking association Witness ( I. Name: . .;;!\ ( rint or T pe) , Kt .1 ;,j(l'.... r (" _{"--fA ,/{__ Witness (Signature) . - Name: td -t ,'~,\.(, ~,\ \ Vi\ L t,- (Print or Type) 5150 Tamiamj Trail North Naples, Florida 34103 STATE OF Q (y{ ,~ti COUNTY OF C I! ~ r I The foregoing sUbordinatio~Q \'t~ons.ent a I Joinder of Easement was a~kno)Nledged before me this ~ax _ of ~ I 2006 by ~~ Q ~ \~ ~\ SVy\ \ \-h (name),' I - \oJ,") ( C eVl, title) on behalf of' Community Bank' of Naples, N.A., who is personally known to me or who has produced as identification. NANCY L. DeJOHN Notary Pubftc, State of Florida My comma expo Oct. 31 , 2008 Comm. No. CD 367a13 -/-'bXL' thY ':dr)/y) (Signature f Notary Public) f~ nr ,-~y \,J)J)/'j (Print Nam of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: (affix notarial seal) ~ 55 to fOrM I legal sufffcftfttJ ~~~~ )~s1stant Count1 Attorntl U 1en T. Chldwell Scj 2 OR: 4011 PG: 2612 EXHIBIT A Page ~ of ,.;t 70/~/ -r- PROJECT 701 ~ .::l.. PARCEL ;z. 75, P FOLIO 3'-17'1- 00 qDOOO ... SKETCH AND DESCRIPTION OF A PERMANENT UTILITY EASEMENT (28.P) LYING IN TRACT 2, GATOR GATE UNIT 2 PLA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA / N LINE SECTION J I ~ ol~ ~o 0110 to b o S R/W LINE l/) ST ATE ROAD 84 (DAVIS BOULEVARD) NE CORNER ~ \ GA TOR GA TE UNIT 2 NB9'43'.12"W 100.00' P,O,C. NE CORNER SECTION 3 ~ o~ 00 vi 1'1 f'.. 0 ~ 0 l/) N LINE S89'42'45"E I 25.00' P.OB. .. FOLIO NO.: 34740080000 O.R. 2503, PAGE 2555 PARCEL B o n (]I f'.. o o vi ~ ... OA=)'16'56" R=905.71' L-51.8B' CB=N2T57'5J"W C=51.88' to (]I m: C.R. -COUNTY ROAD f.P.&L.-fLORIDA POWER & LIGHT CO. R/W - RIGHT-Of-WAY O.R. - OffiCIAL RECORDS BOOK/PAGE P,O.B.-POINT Of BEGINNING P,O.C.-POINT Of COMMENCEMENT NO.-NUMBER DA-DELTA R-RADIUS L-LENGTH CB-CHORD BEARING C-CHORD DISTANCE / " " \w ~ '+ (<' 0 10 o ,: 0 Z PROPOSED PERMANENT UTILI TY EASE MEN T ~ . ~ '0 \"l o o Ul a:: U w z ::i NOT VALID WITHOUT DESCRIPTION ON SHEET 2 Of 2 ~-2Ji ----~-------------- ~ "- a:: ~ Will; THE PARCEL BEARING, DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FIElD SURVEY OF THE NORTH LINE OF SECTION 2 AND THE WEST R/W LINE Of C,R. 951. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FLA. EAST lONE, '83/'90. DARREN TOWNSEND (fOR THE FIRM LB677 3) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA }ICENSE NO. LS 6476 THIS ''''-L-/~ DAY OF -_tlea.H~_______, 2005. THIS IS NOT A SURVEY COONER & ASSOCIA TES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EM All: SURVEYlNGOCOONER.COM CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: JNW PARCEL DESCRIPTION: DA TE: OJ/17/05 SCALE: 1....40. PERMANENT UTIUfY EASEMENT TR.'!'CT 2, GATOR GATE UNIT 2, SEC. 3-.50-26 PROJECT No: OJ0705W.A DWG NO:030705WA-ESM REV: 4-27-05___ SHEE 0 ~ ,'.: ~~ .;!::;i !j~!~~.;i:;i *** OR: 4011 PG: 2613 *** EXHIBIT A Page ..,) of ~ PROJECT PARCEL FOLIO 701.r;-/ t- 701 ~::l.. .;z '6. p '~4 74 vo'l? 0000 ,.. SKETCH AND DESCRIPTION OF A PERMANENT UTILITY EASEMENT (28.P) LYING IN TRACT 2, GATOR GATE UNIT 2 PLA T BOOK 7, PAGE 54; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA DESCRIPTION OF A PERMANENT UTILITY EASEMENT LYING IN TRACT 2, GATOR GATE UNIT 2 A SUBDIVISION AS RECORDED IN PLAT BOOK 7, PAGE 54: SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION; THENCE RUN N89'43'32"W, A DISTANCE OF 100.00 FEET ALONG THE NORTH LINE OF SAID SECTION; THENCE SOO'50' 44"W, A DISTANCE OF 50.00 FEET TO THE INTERSECTION OF THE SOUTH RIGHT~OF-WAY LINE OF STATE ROAD 84 (DAVIS BOULEVARD) AND THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 951; SAID POINT BEING THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE RUN SOO'50' 44 "w. A DISTANCE OF 175.00 FEET ALONG SAID WESTERLY LINE TO / THE NORTH LINE OF PARCEL B AS DESCRIBED IN OFFICIAL RECORD BOOK 2503, PAGE 2555 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONC SAID WESTERLY LINE SOO'So' 4 4 "w, A DISTANCE OF 225.00 FEET TO THE CURVED SOUTH LINE OF SAID PARCEL B AND TIlE BEGINNING OF A CURVE CONCAVE SOUTHWESTERL Y HAVING A DELTA ANGLE OF 03'16'56", A RADIUS OF 905,71 FEET, A CHORD BEARING OF N27'57'53"W AND A CHORD DISTANCE OF 51.88 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT AND SAID SOUTH LINE A DISTANCE OF 51.88 FEET; THENCE RUN NOO'50' 44"E, A DISTANCE OF 179.30 FEET TO SAID NORTH LINE; THENCE RUN S89'42'45"E ALONG SAID NORTH LINE A DISTANCE OF 25.00 FEET .. TO SAID WESTERLY RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING. CONTAINING 5,041 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. ,/ :.-/ . . ,.. NOT VALID WITHOUT SKETCH & SIGNATURE ON SHEET 1 OF 2 THIS IS NOT A SURVEY COONER & ASSOCIATES, INC. SURVEYING AND MAPPING 5670 ZIP DRIVE, FORT MYERS, FLORIDA .3.3912 PHONE: (2.39)277-0722 FAX: (2.39)277-7179 EMAIL: SURVEYlNGOCOONER.COM CLIENT: GREELEY AND HANSEN, LLC DRAWN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: 03/17/05 SCALE: N/A PERMANENT UllUTY EASEMENT TRACT 2, GATOR GATE UNIT 2, SEe, 3-50-26 PROJECT No: 030705W.A DWG NO:030705WA-ESM REV; 4-~7~ SHEET: 2] ~\)~ .' I : ~l:i~;rj;( ,..\1','....." '.. '$., . r', . ~ ... . '. . ..