Resolution 1997-312RESOLUTION NO. 97- 3!,2
12Cl
RESOLUTION FOR PETITION AV 9%008 TO VACATE A 6' WIDE DRAINAGE
EASEMENT ALONG THE NORTHEAST PROPERTY LINE OF LOT 32 AND TO
VACATE THE CONTIGUOUS 6' WIDE DRAINAGE EASEMENT ALONG THE
SO--ST PROPERTY LINE OF LOT 33," QUAIL WEST UNIT ONE, REPLAT"
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21,
PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND TO ACCEPT AS A REPLACEMENT EASEMENT A 15' WIDE
DRAINAGE EASEMENT THROUGH A PORTION OF SMD LOT 32.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Terry Cole, P.E., Hole -
Montes & Associates, Inc., as agent for the owners, Nell & Jeanne Braverman and
Quail West, Ltd. does hereby request the vacation of a 6' wide drainage easement
along the northeast property line of Lot 32 and to vacate the contiguous 6' wide
drainage easement along the southwest property line of Lot 33 "QUAIL WEST UNIT
ONE, REPLAT" according to the plat thereof as recorded in Plat Book 21, Pages 84
through 106 of the public records of Collier County, Florida.
WHEREAS, the Board has this day held a public hearing to consider vacating said
easement 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 other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby
vacated:
See Exhibit "A" attached hereto and incorporated herein
BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that the drainage easement, more pafliculady
described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as
the replacement easement for the drainage easement vacated herein.
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to record a certified
copy of this Resolution in the Public Records of Collier County, Florida, and to make proper
notations of this vacation on the recorded plat of "Quail West Unit One, Replat" as
referenced above.
This resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:.,
Y"o.'. DWIGHT,'E. BRDCK, Clerk
.'-.. '~App[6vedas'to form and 'legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Timothy L. Hancock, Chairman
Heidi F. Ashton
Assistant County Attorney
2214798 OR: 2338 PG: 058
IICODID l! OFFICIAL IICOID$ Of COLLIII C~I~, ~%
BIC ~ 51.11
COHll 11.#
m' ;240
OR' 2338 PG: 0585
' F",4~,c. / o,,= Z
HOLE., MONTES & ASSOCIATES, INC.
ENGINEERS PLANNERS SU~YO~S
HMA PROJECT # 87~4X
REF. DWG B-2070
MAY 29, 1997
DESCRIPTION OF DRAINAGE EASEMENT VACATION
A PARCEL OF LAND LOCATED IN A PORTION OF LOT 32 ANO 33 OF QUAIL WEST UNIT
ONE, REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT
PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
~ AT THE SOUTHWESTERLY CORNER OF LOT 33, OF QUAIL WEST UNIT ONE,
REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT
PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE CONCAVE
NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52°28'58" W. A DISTANCE OF
485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE EASTERLY
RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE
LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 00°42"32'.
SUBTENDED BY A CHORD OF 6.00 FEET AT A BEARING OF N. 37'11'45' E., FOR ^
DISTANCE OF 6.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52°26'58' E. FOR
A DISTANCE OF 200.01 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 33 AND
A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT
BEARS N. 52'57'05' W. A DISTANCE OF 685.00 FEET THEREFROM; THENCE RUN
SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 01°00'13', SUBTENDED BY A CHORD
OF 12.00 FEET AT A BEARING OF S. 37°33'01' W., FOR A DISTANCE OF 12.00 FEET TO
THE END OF SAID CURVE; THENCE RUN N. 52'26'58" W. FOR A DISTANCE OF 200.01
FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND
A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT
BEARS N. 51"44'26' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN
NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS
OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 00°4Z$2'. SUBTENDED BY A CHORD
OF 6.00 FEET AT A BEARING OF N. 37'54'18' E., FOR A DISTANCE OF 6.00 FEET TO THE
END OF SAID CURVE AND THE P_~.~_~;~~; CONTAINING 0.0551 ACRES,
MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF
RECORD.
BEARINGS REFER TO THE SOUTHERLY LINE OF LOT 33, QUAIL WEST UNIT ONE,
REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 52'26'58' E.
HOLE. MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
BY~ P.L.S. ~4175
STATE OF FLORIDA
OR: 2338 PG: 0587
~ Tanl~nl Troll
(Lots 32/33, ~uail Hast)
THIS EASEMENT, granted this ~_~_day of ~,
1997, between OUXIL NTBST, LTD., a Florida lfmite~par~~s
GRANTOR, to the BOARD OF COUNT~ COMXISSION~R~ OF COLLIER COUNTY,
FLORIDA, its successors and assigns, as GRANTEE.
W I T N E S S E TH:
That the GRANTOR, for and in consideration of the su~ of TEN
($10.00) DOLLARS and other good and valuable consideration paid by
~)e GRANTEE, receipt of which is hereby acknowledged, hereby
conveys, grants, bargains and sells unto the GRANTEE, its
successors and assigns, a perpetual, non-exclusive easement,
license, and privilege to enter upon end to install end maintain
stormwater drainage facilities, on the following described lands
being located in Collier County, Florida, to-wit:
(See attached Exhibit "A# which is incorporated by
reference herein)
TO HAVE AND TO HOLD the same unto said GRANTEE and its
assigns, together with the right to enter upon said land, excavate,
and take materials for the purpose of constructing, operating, and
maintaining stormwater drainage facilities .thereon. GRANTOR and
GI~J~NTEE are used for singular or plural, as the context rec/uires.
W1\122785.
OR: 2338 PG: 0588
IN WITNESS WHEREOF, the GRANTOR has caused these presents to
be executed the day and year first above written.
QUAIL W~ST, LTD., a Florida
limitsd partnership,
By:
(Corporate Seal)
~SH OF NAPLES, INC., a Florida
corporation, as authorized
agent
Siqned, sealed and delivered
in our presence:
By ~ Pr-~dent
· · 6289.,~urnham Road
~ ~ . ~/ '_ F ~ _ NapIes, Florida 34119
6289 Bttrn~am Roaa'
Naples, Florida 34119
W
am
Naples, Florida 34119
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this~
day of ~, 1997 by SANDRA HESSE, as Vice President of
RSH OF NAPLES, INC., a Florida corporation, as authorized agent of
QUAIL NEST, LTD., a Florida limited partnership, who is personally
known to me.
My Commission Expires:
Notary Pub c
Serial # (if any)
-2-
Approved as to for~ & legal sufficiency
OR: 2338 ?S: 0589
Prosen4ng and enhancing Florida's qualt~y ol life s~nce ~966
HOLE, MONTES & ASSOCIATES. INC. HMA PROJECT # 87.24X
£N~NEE.S ~^~.EnS SU.VEYO~S REF. DWG. B-2071
AUGUST,. 12 C 1
REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT
PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWESTERLY CORNER OF LOT 32 OF QUAIL WEST UNIT ONE,
REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT
PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE, CONCAVE
NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58" W. A DISTANCE OF
485,00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY
RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF
01'23'41', SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S. 38'14'52' W.,
FOR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE
~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
S, 26'54'58' W. FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58" E. FOR A
DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'19' E. FOR A DISTANCE OF 53.73
FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 32; THENCE RUN
S. 52'26'58' E., ALONG THE WESTERLY BOUNDARY OF SAID LOT 32, FOR A DISTANCE
OF 2.26 FEET TO THE NORTHEAST CORNER OF SAID LOT 32, THE SAME BEING A POINT
ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS
N. 52'26'58' W. A DISTANCE OF 685.00 FEET THEREFROM; THENCE RUN
SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 00'30'07', SUBTENDED BY A CHORD
OF 6.00 FEET AT A BEARING OF S. 37'48'05' W., FOR A DISTANCE OF 6.00 FEET TO THE
END OF SAID CURVE; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 11.06 FEET;
THENCE RUN N. 41'19'26' E. FOR A DISTANCE OF 4.51 FEET; THENCE RUN
S. 48'40'34" E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49'19' W. FOR A
DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58" W. FOR A DISTANCE OF 203.13
FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND
A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT
BEARS N. 44'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN
NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE
AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485,00 FEET.
THROUGH A CENTRAL ANGLE OF 06'36'19', SUBTENDED BY A CHORD OF 55.~8 FEET
AT A BEARING OF N. 42'14'52'E.. FOR A DISTANCE OF 55,91 FEET TO THE END OF SAID
CURVE AND THE ~, CONTAINING 0.0919 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTHERLY LINE OF LOT 32, QUAIL WEST UNIT ONE,
REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. AS BEING S. 52'26'58" E.
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB 1772
THOMAS M. MURPRY r- STATE OF FLORIDA
OR: 2338 PG: 0590
1201,~
~ Tamiaml T-ail North
Sui~ ~0
OR: 2338 PG: 0591
(Lots 32/33, Quail West)
THIS)%UBORDINATION, CONSENT ANDJOINDERgiven thi~
of ..'- ~ , 1997, by and between ROYAL BANK OF CANADA,
a Canadian chartered bank, (hereinaft~r referred to as
"Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF
COLLTERCOUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY,
AND AS EX-OFFICIOTHEGOVERNINGBOARDOFTHECOLLIERCOUNTY~TER-
SEWER DISTRICT, its successors and assigns (hereinafter referred to
as "County"). Mortgagee is used as singular or plural, as the
context requires.
W I TNES SETH:
WHEREAS, Mortgagee is the owner and holder of that certain
Mortgage from QUAIL WEST, LTD. now held by ROYAL BANK OF CANADA,
recorded June 6, 1991, in Official Records Book 1622, Page 95, of
the Public Records of Collier County, Florida; and that certain
Financing Statement recorded June 6, 1991, in Official Record Book
1622, Page 169, of ~he Public Records of Collier County, Florida.
WHEREAS, County has requested and received from the fee simple
owner of the Encumbered Property non-exclusive easements for the
installation and maintenance of stormwaterdrainage facilities over
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".
WHEREAS, County has requested that Mortgagee consent to, Join
in and subordinate its Mortgage to the interest that County has in
the Easement Property to which request Mortgagee has agreed.
NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and
other good and valuable consideration, the receipt 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, and across the
Easement Property and any interest of the County in any stormwater
QBNN)1\l?.2,S16.
OR: 2338 PG: 0592
drainage facilities located therein or affixed thereto. Except as
subordinated to the easement described herein over, under, and
across the Easement Property or any stormwater drainage facilities
located therein or affixed thereto, said Mortgage shall remain
otherwise in fuji force and effect.
I~ ~ITNESS~]iEREOF, the Mortgagee has caused these presents to
b~ executed the date and year first above ~ritten.
Signed, sealed and delivered MORTGAGEE:
in the presence of:
(Corporate Seal)
ROYAL BANK OF CANADA, a
Canadian chartered bank
Manager, with full power and
authority to bind Mortgagee
Financial Square, 23rd Floor
New York, NY 10005-3531
STATE OF NEW YORK
COUNTY OF NEW YORK
f!~regoing instrument was acknowledged before me this~___~
The
day of__~~ , 1997, by T.W. McCabe, as Manager of ROYAL
BANK OF CANADA, a Canadian chartered bank, who is personally known
to me.
My Commission Expires:
CARMEN EIRUZON
Nolary Pubhc. $la~e o~ New York
No 41.4979240
Oualified m Queens CounW I'H3
C,~tmission Exp,re$ March 25. 1 ~
(Prrint- na~j~, be~,)'
Serial # (if any)
(SEAL)
Page 2
OR: 2338 PG: 0593
HOLE, MONTES & ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
REF, DWG. B-2071
AUGUST4.,997 12.
DESCRIPTION OF A DRAINAGE EASEMENT
A PARCEL OF LAND LOCATED IN A PORTION OF LOT 32 OF QUAIL WEST UNIT ONE,
REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT
PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWESTERLY CORNER OF LOT 32 OF QUAIL WEST UNIT ONE,
REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT
PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE, CONCAVE
NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58" W. A DISTANCE OF
485.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY
RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF
01°23'41', SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S, 38'14'52' W.,
FOR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE POINT OF
~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
S. 26'54'58' W. FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58' E. FOR A
DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'19' E. FOR A DISTANCE OF 53.73
FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 32; THENCE RUN
S. 52'26'58' E., ALONG THE WESTERLY BOUNDARY OF SAID LOT 32, FOR A DISTANCE
OF 2.26 FEET TO THE NORTHEAST CORNER OF SAID LOT 32, THE SAME BEING A POINT
ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS
N. 52°26'58- W. A DISTANCE OF 685.00 FEET THEREFROM; THENCE RUN
SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 00'30'07", SUBTENDED BY A CHORD
OF 6.00 FEET AT A BEARING OF S. 37'48'05" W., FOR A DISTANCE OF 6.00 FEET TO THE
END OF SAID CURVE; THENCE RUN S. 52'26'58" E. FOR A DISTANCE OF 11.06 FEET;
THENCE RUN N. 41'19'26" E. FOR A DISTANCE OF 4.51 FEET; THENCE RUN
S. 48°40'34- E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49'19' W, FOR A
DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58" W. FOR A DISTANCE OF 203.13
FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND
A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT
BEARS N. 44'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THEHCE RUN
NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE
AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET,
THROUGH A CENTRAL ANGLE OF 06'36'19', SUBTENDED BY A CHORD OF 55.88 FEET
AT A BEARING OF N. 42°14'52'E., FOR A DISTANCE OF 55.91 FEET TO THE END OF SAID
CURVE AND THE POINT OF INNING, CONTAINING 0.0919 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTHERLY LINE OF LOT 32. QUAIL WEST UNIT ONE,
REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA. AS BEING S. 52'26'58' E.
HOLE~MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB 1772
BY~A~..~ P.S.M. ,5628
STATE OF FLORIDA
105%O A~IER~.,~AT~-*¥ STREET fIONIrA R~'~41N[i':. ~-t ORIDA .3413,% 941.902 O;'05 I~Ax ,),ll ~.)2.23."?
221 799 OR: 2338 PG: 0595
UCO~DID ia OIq~IClU, ILtC0DI 0( ~lll ~, ~
lille/It I~ 01:lt~ J~ I. I~, ~K
IITHOHICS ltl
nc rll ll.S
IIOC..7o .?
CoHII
12C
(Lots 32/33, Quail West)
THI.S EASEMENT, granted this ~0~ day of ~,..
~.9.7_,_?c.weeg. QUaT'-west, LTD., a ~da iimit~;
~,m-i-u~, Co cne BOaltD 0~' COUNTY COMM,TBBZONZaB ~, ~c~r. Krwv ,,~,,
FLORID O~ ............ ·
A, its successors and assigns, as GRANTEE.
W I T N E S S E T H:
That the GRANTOR, for and in consideration of the sum of TEN
($10.00) DOLLARS and other good and valuable consideration paid by
the GRANTEE, receipt of which is hereby acknowledged, hereby
conveys, grants, bargains and sells unto the GRANTEE, its
successors and assigns, a perpetual, non-exclusive easement,
license, and privilege to enter upon and to install and maintain
stormwater drainage facilities, on the following described lands
being located in Collier County, Florida, to-wit:
(See attached Exhibit "A" which is incorporated by
reference herein)
TO HAVE AND TO HOLD the same unto said GRANTEE and its
assigns, together with the right to enter upon said land, excavate,
and take materials for the purpose of constructing, operating, and
maintaining stormwater drainage facilities thereon. GRAHTOR and
GRANTEE are used for singular or plural, as the context requires.
QgNA~1\122785.
OR: 2338 PG: 0596
IN WITNESS WHEREOF, the GRANTOR has caused these presents to
be executed the day and year first above written.
Signed, sealed and delivered
in our presence:
Naples, Florida 34119
QUAXL WEST, LTD., a Florida.
limited partnership,
(Corporate Seal) · :
~SH OF ,APUES, ZHC.:, 'a ~lo~ida
corporation, as authorized
Pr--~dent
Naples, Florida 34119
W O
Naples, Florida 34119
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this
day of ~, 1997 by SANDRA HESSE, as Vice President of
RSH OF NAPLES, INC., a Florida corporation, aa authorized agent of
QUAIL NEST, LTD., a Florida limited partnership, who is personally
known to me.
My Commission Expires:
Serial # (if any)
Approved as to for= t legal s~flclencl
-2-
OR: 2338 PG: 0597
HMA PROJECT # 87~4X
HOLE, MONTES&ASSOCIATES, INC. REF. DWG. B-2071
ENGINEERS P%ANNERS SURVEYORS AUGUST4,1997
DESCRIPTION OF A DRAINAGE EASEMENT
A PARCEL OF LAND LOCATED IN A PORTION OF LOT 32 OF QUAIL WEST UNIT ONE,
REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT
PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWESTERLY CORNER OF LOT 32 OF QUAIL WEST UNIT ONE.
REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT
PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE, CONCAVE
NORTI-NVESTERLY, WHOSE RADIUS POINT BEARS N. 52-26'58" W. A DISTANCE OF
485.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY
RIGHT-OF-WAY LINE OF BRYNVVOOD DRIVE AND ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF
01'23'41', SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S. 38'14'52' W.,
FOR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE POINT OF
~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
S. 26'54'58' W. FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58' E. FOR A
DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'19' E. FOR A DISTANCE OF 53.73
FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 32; THENCE RUN
S. 52'26'58' E., ALONG THE WESTERLY BOUNDARY OF SAID LOT 32, FOR A DISTANCE
OF 2.26 FEET TO THE NORTHEAST CORNER OF SAID LOT :32, THE SAME BEING A POINT
ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS
N. 52'26'58' W. A DISTANCE OF 685.00 FEET THEREFROM; THENCE RUN
SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 00'30'07', SUBTENDED BY A CHORD
OF 6.00 FEET AT A BEARING OF S. 37'48'05' W., FOR A DISTANCE OF 6.00 FEET TO THE
END OF SAID CURVE; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 11.06 FEET;
THENCE RUN N. 41'19'26' E. FOR A DISTANCE OF 4.51 FEET; THENCE RUN
S. 48'40'34' E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49'19' W. FOR A
DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58' W. FOR A DISTANCE OF 203.13
FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNVVOOD DRIVE AND
A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT
BEARS N. 44'26'58" W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN
NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE
AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET,
THROUGH A CENTRAL ANGLE OF 06'36'19', SUBTENDED BY A CHORD OF 55.88 FEET
AT A BEARING OF N. 42'14'52'E., FOR A DISTANCE OF 55.91 FEET TO THE END OF SAID
CURVE AND THE P INT F I I , CONTAINING 0.0919 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTHERLY LINE OF LOT 32, QUAIL WEST UNIT ONE,
REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 52'26'58' E.
HOLE, I~)IONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB 1772
By ~~~.~~~ P.S.M. #5628
THOMAS M. MURPHY ~' - STATE OF FLORIDA
105.50 ABIEFINATHY STRI:~? EI(~%IITA ctp~--~ F'LORIOA 34135 94 !-(3'92-0795 FAX 941.992.2327
OR: 2338 PG: 0598
2214800 OR: 2338 PG: 0599
(Lots 32/33, Quail West)
THIS SUBORDINATION, CONSENT AND JOINDERgiven this ~*~ day
of ~~, 1997, by and between ROYAL BANK OF CANADA,
acanad~anchartered bank, (hereinafter referred to as
"Mortgagee"), in favor of the BOARD OF COUNTY CO~MISSIO~ OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COL~TE~CO~gTY,
AND AS EX-OFFICIOTHEGOVERNINGBOARDOFTHECOLLIERCO~I~ZNATE~-
SEWER DISTRICT, its successors and assigns (hereinafter referred to
as "County"). Mortgagee is used as singular or plural, as the
context requires.
W I T N E S S E T H:
WHEREAS, Mortgagee ts the owner and holder of that certain
Mortgage from QUAIL WEST, LTD. now held by ROYAL BANK OF CANADA,
recorded June 6, 1991, in Official Records Book 1622, Page 95, of
the Public Records of Collier County, Florida; and that certain
Financing Statement recorded June 6, 1991, in Official Record Book
1622, Page 169, of the Public Records of Collier County, Florida.
WHEREAS, County has requested and received from the fee simple
owner of the Encumbered Property non-exclusive easements for the
installation and maintenance of stormwaterdrainage facilities over
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".
WHEREAS, County has requested that Mortgagee consent to, Join
in and subordinate its Mortgage to the interest that County has in
the Easement Property to which request Mortgagee has agreed.
NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and
other good and valuable consideration, the receipt 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, and across the
Easement Property and any interest of the County in any stor~water
oel~p1\12281&.
OR: 2338 ,DG: 0600
. drainage facilities located therein or affixed thereto. Except as
subordinated to the easement described herein over, under, and
across the Easement Property or any stor~waterdrainage facilities
located therein or affixed thereto, said Mortgage shall remain 121
otherwise in full force and effect.
IN WITNESS WHEREOF, the Mortgagee has caused these presents to
be executed the date and year first above written.
Signed, sealed and delivered MORTGAGEE:
in the presence of:
(Corporate Seal)
ROYAL BANKOFCAN~JIA, a
Canadian chartered bank
Print Na~e/Address
Print Name/Address Below:
Below:
Manager, with full power and
authority to bind Mortgagee
Financial Square, 23rd Floor
New York, NY 10005-3531
STATE OF NEW YORK
COUNTY OF NEW YORK
/
d _The f.~regoing instrument was acknowledged before
ay o£__~j_~_______., 1997, by T.W. McCabe, as Manager of
~BANXOFCAHADA, a Canadian chartered bank, who is personally
CO
My Commission Expires:
CARMEN BRUZON
Notary Pubhc, Slate o' New Yo~k
No 41.4979240
Qualified m Queens Counly ft(~
CMm~i~lion E~iril March 26. 1 ~
(Pr~/nt na~ beIow~
Notary Public --
Serial # (if any)
(SEAL)
Page 2
~ilMP1\1~816.
OR: 2338 PG: 0601
and eni~n~ing FIo~k~'s qualify of life slnc~ 19~
HOLF., MONTES · ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
HMA PROJECT at 67.24X
REF. DWG. B-2071
AUGUST 4, 1997
DESCRIPTION OF A DRAINAGE EASEMENT
A PARCEL OF LAND LOCATED IN A PORTION OF LOT 32 OF QUAIL WEST UNIT ONE,
REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT
PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWESTERLY CORNER OF LOT 32 OF QUAIL WEST UNIT ONE,
REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT
PAGES 84 THROUGH 10~ OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE, CONCAVE
NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58' W. A DISTANCE OF
485.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY
RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF
01'23'41', SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S. 38°14'5Z' W.,
FOR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE
~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
S. 26'54'58' W. FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58' E. FOR A
DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'19' E. FOR A DISTANCE OF 53.73
FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 32; THENCE RUN
S. 52'26'58" E., ALONG THE WESTERLY BOUNDARY OF SAID LOT 32, FOR A DISTANCE
OF 2.28 FEET TO THE NORTHEAST CORNER OF SAID LOT 32, THE SAME BEING A POINT
ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS
N. 52'26'58' W. A DISTANCE OF 685.00 FEET THEREFROM; THENCE RUN
SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 00'30'07', SUBTENDED BY A CHORD
OF 6.00 FEET AT A BEARING OF S. 37'48'05' W,, FOR A DISTANCE OF 6.00 FEET TO THE
END OF SAID CURVE; THENCE RUN S. 52°26'58- E. FOR A DISTANCE OF 11.06 FEET;
THENCE RUN N. 41'19'26' E. FOR A DISTANCE OF 4.51 FEET; THENCE RUN
S. 48'40'34" E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49'19' W. FOR A
DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58' W. FOR A DISTANCE OF 203.13
FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND
A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT
BEARS N. 44'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN
NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE
AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET,
THROUGH A CENTRAL ANGLE OF 06'36'19', SUBTENDED BY A CHORD OF 55.88 FEET
AT A BEARING OF N. 42'14'52'E., FOR A DISTANCE OF 55.91 FEET TO THE END OF SAID
CURVE AND THE I F , CONTAINING 0.0919 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTHERLY LINE OF LOT 32, QUAIL WEST UNIT ONE,
REPLAT AS RECOI~pED IN PLAT BOOK 21 AT PAGES 84 TH.R,O,U.~.H, 106 OF THE PUBLIC
RECORDS OF C,O,I~I~IER'COUNTY~ FLOR DA, AS BE NG S. 52 26 58 E.
HOLE, MONT[[S &~A$SO~IATES, INC.
CERTIFICATE OF AUTHO{tI~ATION 1.8 1772
THOMAS M.~MURI::~Y ~ . STATE OF FLORIDA
tO5.50 ABI:RhlATH¥ $]REE ~ R()t~ltA SPlR~N(~S, FLOIRI~)A 341~.% 94 ! r,~92 O795 FAX 941 .q92.2'3~?
2338 PG: 0602 ,t~
1201