Subord. Consent & Joinder of Easement - Laxmi of Naples, LLC PROJECT: I-75/Collier Boulevard Utility Relocation Project
FOLIO: 76885005102
Accepted by BCC pursuant to Resolution 2019-126&CWS Resolution 2019-03
INSTR 5814960 OR 5716 PG 1934
RECORDED 1/14/2020 10:05 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$27.00
CONS$10.00
SUBORDINATION, CONSENT AND JOINDER OF EASEMENT
THIS SUBORDINATION, CONSENT AND JOINDER OF EASEMENT given this
29th day of NOVEMBER , 2019 by PROMISEONE BANK F/K/A NOA
BANK, whose post office address is 2400 Pleasant Hill Road, Suite 340, Duluth, GA
30096, (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, whose post office address is 3335
Tamiami Trail East, Suite 101, Naples, Florida 34112 (hereinafter referred to as "Collier
County"). Mortgagee is used as singular or plural, as the context requires.
WITNESSETH:
WHEREAS, Mortgagee is the owner and holder of that certain MORTGAGE by
and between LAXMI OF NAPLES, LLC, and NOA BANK and dated June 22, 2018 and
recorded on June 27, 2018 in Official Records Book 5526, Page 694; that certain
ASSIGNMENT OF RENTS as recorded on June 27, 2018 in Official Records Book
5526, Page 704; that certain MODIFICATION OF MORTGAGE as recorded on
December 13, 2018 in Official Records Book 5580, Page 1136; 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");
WHEREAS, Collier County has requested and received from the fee simple owner
of the Encumbered Property a perpetual non-exclusive for utility, 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, Collier County has requested that Mortgagee consent to, join in and
subordinate its Mortgage to the interest that Collier County 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 Collier County in any utility, 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, 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.
//'
PROMISEONE BANK F/K/A NOA BANK
Witness ignature)
LRENKAAJCT
Name(Print or Type)
Witness(Signature)
PRINT NAME: CHRISTINE CHUNG
YONJTtN ,)N@
Name(Print or Type)
TITLE: SVP/LOAN SERVICING
MANAGER
STATE OF GA
COUNTY OF rtv‘jiyve-f._
The foregoing Subordination, Consent and Joinder of Easement
was acknowledged before me this 2(1 m day of NovelYb , 2019
by (,hYiS+ine (Name) , as its C. \JT. (Title), on
behalf of PROMISEONE BANK F/K/A NOA BANK, who is personally known to
me or who has produced D. ,. as identification.
WITNESS my hand and official seal this =r. day of (J) }}k(
2019.
(affix notarial seal) �y
(Signature of Notary Public) ``,y�t���t���'''
�\\ �E JUNG ��..
(Print Name of Notary Public) \s .**e e_t>. 4.e
NOTARY PUBLIC 0 cAAR}- 9�N:j
Serial/Commission #:(if a3y
My Commission Expires: : Pue\-\ , :'
��Q,O
LEGEND ' c
-
C.U.E.= COUNTY UTILITY EASEMENT - - ! 1 i\ I l
DESC.= DESCRIPTION •� N r Y
FP&L = FLORIDA POWER& LIGHT COMPANY �'��, _3 �i --"""`_—
OR = OFFICIAL RECORDS BOOKINTERSTATE 75
PB = PLAT BOOK
PG = PAGE
POB = POINT OF BEGINNING POC DESC.
NW CORNER OF
(-58755'12T 15.00'
POC = POINT OF COMMENCEMENT PARCEL ONE 587'55'12"E 5.00'
1
DESCRIPTION POB DESC.
A TRACT OR PARCEL OF LAND LYING IN PARCEL ONE, TOLLGATE
COMMERCIAL CENTER PHASE ONE AS RECORDED IN PLAT BOOK 16, PAGE
1, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID TRACT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL ONE THENCE
5.8755'12'£, ALONG THE NORTH LINE OF SAID PARCEL ONE FOR 15.00
FEET TO THE NORTHEAST CORNER OF A 15 FOOT WIDE COUNTY UTILITY - 15' C.U.E.
EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 3927, PAGE 3257, OR 3927, PC 3257
SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL;
THENCE CONTINUE S.8755'12"E. ALONG SAID NORTH LINE FOR 5.00 FEET; ;-) e
THENCE 5.00'46'58"W. DEPARTING SAID NORTH LINE FOR 472.06 FEET TO
AN INTERSECTION WITH THE NORTH LINE OF TRACT 11, TOLLGATE `F `r
COMMERCIAL CENTER PHASE TWO AS RECORDED IN PLAT BOOK 18, PAGES w- •i"
23-24, OF SAID PUBLIC RECORDS; g W p Q h h
THENCE S.89'S6'16"W, ALONG SAID NORTH LINE FOR 5.00 FEET TO AN F a :o
tINTERSECTION WITH THE EAST LINE OF SAID 15 FOOT WIDE COUNTY e 0 a'2 o
UTILITY EASEMENT; w w o
¢�wio
THENCE N.00'46'S8'E. ALONG SAID EAST LINE FOR 472.25 FEET TO THE a-a z 1
POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 0 U a ACCESS EASEMENT
CONTAINING 2,361 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. OR 3927,PG 3257
BEARINGS MENTIONED HEREINABOVE ARE BASED ON THE NORTH LINE OF PARCEL ONE
SAID PARCEL ONE TO BEAR 5.8755'12'£. v O' 3
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NOTES: "a LI
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1. THIS SKETCH IS NOT A SURVEY.
2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS 170'FP&L EASEMENT to
TO ZONING OR DEVELOPMENT RESTRICTIONS ALONG THE PB 16. PG 1
SUBJECT PARCEL. N
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2
2
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-N-TTRACT 14 re
1 V_ TRACT 11 o
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0 30' 60' 120'
SCALE: 1" = 60'
53
CO
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NOTA SURVEY"
SKETCH AND DESCRIPTION DRAWN BY: TJD I
CHECKED BY: DLS V-
5'WIDE COLLIER COUNTY UTILITY EASEMENT JOB CODE: CCU257
LYING IN PARCEL ONE
TOLLGATE COMMERCIAL CENTER PHASE ONE SCALE: 1"=60' 0
N
PLAT BOOK 16,PAGE 1 DATE: 12/26/2018
SECTION 35,TOWNSHIP 49 SOUTH,RANGE 26 EAST FILE: CCU257Lu
COLLIER COUNTY,FLORIDAce
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Civil Engineers Land Surveyors Planners Landscape Architects �rT��;
Cert.or Auth.RB 00115151 Cert.or Auth.LII 00115151 Business LC 261116)266 ., ciMbzy•kfr•FORZESI.v�5^dr :
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Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380 '•1%F Kr-1