Parcel 454SWE (Subordination of Easement Interest) INSTR 6007752 OR 5898 PG 467
PROJECT: 99999- Miscellaneous RECORDED 2/25/2021 9:35 AM PAGES 4
PARCEL: 454SWE CLERK OF THE CIRCUIT COURT AND COMPTROLLER
FOLIO: 00389880006 COLLIER COUNTY FLORIDA
REC$35.50
SUBORDINATION OF EASEMENT INTEREST
AND AGREEMENT FOR FACILITY RELOCATION
THIS SUBORDINATION OF EASEMENT INTEREST is given this Z
day of 0 LTD , 2020 by THE CITY OF NAPLES, a Florida municipal
corporation, its successors and/or assigns, whose post office address is 735 8th St.
S., Naples, FL 34102 (hereinafter referred to as "Easement Holder"), in favor of
COLLIER COUNTY, a political subdivision of the State of Florida, its successors
and assigns, whose post office address is do the Office of the County Attorney
3299 Tamiami Trail E, Suite 800, Naples, Florida 34112 (hereinafter referred to as
"Collier County").
WITNESS ETH:
WHEREAS, Easement Holder is the owner and holder of that certain Easement by
and between DeVoe Family Ltd, Partnership, a Florida Limited Partnership and The City
of Naples, a municipal corporation, and recorded on 4/29/1999 in Official Records Book
2582, Pages 2599-2602, and that certain Easement by and between Al Gallman and
East Naples Water Systems Inc, and recorded on 01/06/1986 in Official Records Book
1172, Pages 1558-11559, et seq., of the Public Records of Collier County, Florida,
(hereinafter referred to as "Encumbrance"), 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 Sidewalk Easement over, under, upon and across 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"); and
WHEREAS, Collier County has requested that Easement Holder consent to and
subordinate its Encumbrance to the interest that Collier County has in the Encumbered
Property to which request Easement Holder has agreed; and
WHEREAS, Collier County, in recognition of Easement Holder's pre-existing
interest in the Easement, is willing to pay for any future relocation of Easement Holder's
water line and any facilities associated therewith, and any future facilities from or within
the entire width of the Easement should Collier County, in its sole discretion, deem such
relocation to be necessary as a result of present or future uses of the Easement by
Collier County or its successors and/or assigns including, but not limited to, the cost of
acquiring replacement easement(s) on behalf of Easement Holder; and
WHEREAS, Easement Holder shall have the right to enter upon the lands
described in Exhibit "A" for the purposes of constructing, operating, repairing,
expanding, improving and/or otherwise maintaining its water line and any associated
facilities; and any future facilities; and
WHEREAS, Easement Holder agrees to repair any damage to Collier County
facilities resulting from Easement Holder's sole negligence while exercising its rights to
construct, operate, repair, expand, improve and/or otherwise maintain its facilities with
the Easement.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, it is agreed between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced are made a part of this Agreement;
2. Within the Easement. Except as subordinated within Collier County's Easement,
said Encumbrance shall remain in full force and effect;
3. Collier County shall pay for the relocation of Easement Holder's existing facilities
and any future facilities from the Easement should Collier County, in its sole
discretion, deem such relocation to be necessary. The costs of said relocation
shall include, but not be limited to, the costs of acquiring replacement easements
on behalf of the Easement Holder;
4. As long as Easement Holder's facilities are located within the Easement,
Easement Holder shall have the right to enter upon the Encumbered Property for
the purposes of constructing, operating, repairing, expanding, improving and/or
otherwise maintaining its water line and associated facilities, and any future
facilities.
5. As long as Easement Holder's facilities are located within the Easement,
Easement Holder shall for any and all damage to Collier County's facilities
caused by the Easement Holder's sole negligence while exercising its rights to
construct, operate, repair, expand, improve and/or otherwise maintain its facilities
within the Easement.
6. As long as Easement Holder's facilities are located within the Easement, Collier
County shall pay for any damage to the Easement Holder's existing facilities and
any future facilities, which results from the construction, operation, repair,
expansion, improvement, and/or other maintenance of Collier County's facilities.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COLLIER COUNTY:
DATED: Im4C.�/9 10.24
ATTEST: BOA-9 0 OUNTY COMMISSIONERS
CRYSTAL K. KiNZEL, Clerk of COL I OUNTY, FLORI
Circ ' ourt&Pomptro
04(419
A est ae'to CbaiRflg
Clerk
Penny Taylor,Chairperson
signature only.
Approved as to form and
legal sufficiency:
Ass' ant Coun y Attol ey co_R2 a�
0
AS TO THE CITY OF NAPLES:
DATED:
WITNESSES: THE CITY OF NAPLES., a Florida
•orati..
(Signature) (NAME)
U 1 L►-I L• S i� IT 14 (TITLE)
(P ' t Full Name)
i to )
• Approv as to form and leg Ft
(Print ull Name) By _.
;la es D. Fox,City mu;
TATE OF FLORIDA
Cb TY OF COLLIER
The fore.n'ng Subordination of Easement Interest and Agreement for acility
Relocation w. acknowledged before me by means of ❑ physical pre - ce or ❑
online notarizati this day of , 2020, by as
of The City of Naples., a Florida municipal corp ation who:
is personally kno 'q to me
OR
produced as proof of
identity.
(affix notarial seal)
'•nature of Notary Public)
(Print Na - of Notary Public)
Serial/Commis 'on#(if any):
My Commission Expi - :
Approved as to for :nd
legal sufficiency:
d0. County Attorney
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G:\SURVEY\PROJECT SURVEY 2014\99 - ST MATHEWS HOUSE - AIPORT PULLING RD\SURVEY\14-99-SWE.DWG
INSTR 6007751 OR 5898 PG 465
RECORDED 2/25/2021 9:35 AM PAGES 2
PREPARED BY: CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Michael P. Lehnert, Esq. COLLIER COUNTY FLORIDA
Henderson, Franklin, Starnes &Holt, P.A. REC$18.50
P. O. Box 280
Fort Myers,FL 33902-0280
JOINDER AND CONSENT TO SIDEWALK
EASEMENT
THE UNDERSIGNED, Bruce R. Holecek, President, on behalf of the HOLECEK FAMILY
FOUNDATION, INC., a Florida non-profit corporation("Holecek Foundation")with respect to the Holecek
Foundation's rights under that certain Agreement Not to Encumber Nor Transfer with ST. MATTHEW'S
HOUSE, INC., a Florida non-profit corporation("St. Matthew's")dated December 14, 2017 and recorded in
Official Records Book 5459, Page 3395 of the Public Records of Collier County, Florida does hereby join in
and consent to St. Matthew's grant of a sidewalk easement to Collier County, a political subdivision of the
State of Florida, over, on, and under the real property described in Exhibit A.
IN WITNESy WHEREOF, the undersigned has caused this Joinder and Consent to be executed this
1 µ` day of Apt,• , 2020.
11 HOLECEK FAMILY FOUNDATION, INC., a Florida
non-profit co tion
C— By: /
Name: + illa £ Bruce R. Holecek, President
Name:k_f1Q oo]�_D
STATE OF fZ02Zo4 )
COUNTY OF ODLLZ )
The foregoing instrument was knowledged before me [ by means of physical presence or [ ] online
notarization, this aI " day of 4PnJ , 2020, by Bruce R. Holecek, as President on beha f of th HOLECEK
FAMILY FOUNDATION, INC., a Florida non-profit corporation. He i 1 known to me or has
produced as identification
�04:F A• KENNETH D.GOODMAN Signature nature of NotaryPublic
'7',a, = MY COMMISSION#GG 044201 g
=*' "'"" '*` EXPIRES:January 22,2021 � �/�
'o';EOF Fro; Bonded Thru Notary Pubic Underwriters e P ,�
Type or Stamp Commissioned Name of Notary
My Commission No.: GC,,d 491c9 (
My Commission Expires: tf..z-`A-s (C.:;')
EXHIBIT
Exhibit A
A SIDEWALK EASEMENT LOCATED WITHIN THE LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 2384, PAGE 2235, PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA AND LYING WITHIN THE WEST HALF OF SECTION 12, TOWNSHIP 50
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 50
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE
WEST LINE OF SECTION 12, NORTH DO' 18'25" WEST, A DISTANCE OF
3,225.02 FEET; THENCE DEPARTING SAID WEST LINE OF SECTION 12 NORTH
89'41 '35" EAST, A DISTANCE OF 70.00 FEET TO A POINT ON THE EAST
RIGHT-OF-WAY OF AIRPORT PULLING ROAD (C.R. 31 ) AND THE POINT OF
BEGINNING OF THE EASEMENT HEREIN DESCRIBED;
THENCE ALONG SAID EAST RIGHT-OF--WAY NORTH OQ'18'25" WEST, A
DISTANCE OF 336.47 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY NORTH
89'41 '35" EAST, A DISTANCE OF 11 .00 FEET; THENCE SOUTH 00'18'25"
EAST, A DISTANCE OF 255.84 FEET; THENCE SOUTH 20'39'31 " WEST, A
DISTANCE OF 25.15 FEET; THENCE SOUTH 00'18'25" EAST, A DISTANCE OF
47.73 FEET; THENCE SOUTH 46'12'21 " EAST, A DISTANCE OF 13.52 FEET
TO A POINT ON THE NORTH LINE OF AN EXISTING 60 FOOT WIDE ACCESS
EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 2267, PAGES 15
AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
ALONG SAID NORTH LINE SOUTH 89'41'35" WEST, A DISTANCE OF 11.71
FEET TO THE POINT OF BEGINNING.
CONTAINING 3,127 SQUARE FEET, MORE OR LESS.
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