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HomeMy WebLinkAbout05.e.09 Subodination Agreement - Keystone Heights RV Resort-State Road 100 36-SUB.04-Date: June 11, 2025 This instrument prepared by or under the direction of: David M. Robertson Chief Counsel District Two Florida Department of Transportation PARCEL NO. 100.3 1109 South Marion Avenue SECTION NO. 28020 Lake City, Florida 32025-5874 F.P. NO. 2079566 STATE ROAD NO. 100 COUNTY OF Bradford SUBORDINATION AGREEMENT THIS AGREEMENT made this day of , 20 , by and between CLAY COUNTY UTILITY AUTHORITY, ("Utility"), an independent special district and political subdivision of the State of Florida, existing and created under Chapter 94-491, Laws of Florida, Special Acts of 1994, 3176 Old Jennings Road, Middleburg, Florida 32068-3907, hereinafter called the "party of the first part", and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, 1109 South Marion Avenue, Lake City, Florida 32025-5874, hereinafter called the"Department". WITNESSETH: WHEREAS, the party of the first part is the holder of a certain Developer Agreement, dated January 8, 2020, and recorded in Official Records Book 1829, Page 355; and Developer Agreement, dated October 19, 2020, and recorded in Official Records Book 1870, Page 412, both of the Public Records of Bradford County, Florida; and WHEREAS, a portion of the land encumbered by said Developer Agreements are required by the Department for public transportation purposes. The Department is not liable for any monetary expenses related to the costs of any current or future utility work, including any relocations or alterations/adjustments; and NOW THEREFORE,for and in consideration of the sum of One Dollar($1.00)and other good and valuable considerations, paid, the receipt and sufficiency of which is hereby acknowledged, the party of the first part hereby agrees, covenants, and consents with the Department that the aforesaid Developer Agreements are and shall continue to be subject and subordinate to the property rights of the Department insofar as said Developer Agreements affect the following described property, viz: Page 1 of 3 See Exhibit"A", attached hereto and by reference made a part hereof. This subordination agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Utility has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized,the day and year first above written. ATTEST: Clay County Utility Authority Janice Loudermilk, Secretary Signed, sealed and delivered in the presence of: Witness: By: Print Name: Jeremy D. Johnston, Executive Director Address: Witness: Print Name: Address: (corporate seal) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me, by means of❑ physical presence or ❑ online notarization, this day of , 20 , by Jeremy D. Johnston,as Executive Director of the CLAY COUNTY UTILITY AUTHORITY, on behalf of the Utility, ❑ who is personally known to me or ❑ who has produced as identification. Print Name: Notary Public (Notary Seal) My Commission Expires: Page 2 of 3 Exhibit"A" Section No. 28020 State Road No. 100 Bradford County F.P. No. 2079566 Parcel No. 100 Fee Simple Part Of That Certain Parcel Of Land Described In Official Record Book 1660, Page 42, And Official Record Book 1806, Page 506, Public Records Of Bradford County, Florida And Lying In Section 11, Township 8 South, Range 22 East, Bradford County, Florida And Being More Particularly Described As Follows: Commence At The Southeast Corner Of Section 11, Township 8 South, Range 22 East, Bradford County, Florida, Thence North 01° 34' 46" West A Distance Of 166.34 Feet To The Baseline Of Survey Of State Road 100 (A 100 Foot Wide Right Of Way As Per The Florida Department Of Transportation Right Of Way Map, Section 28020, Financial Project Number 2079566) And Curve To The Right Having A Radius Of 2864.84 Feet; Thence Along Said Baseline Of Survey And The Arc Of Said Curve 104.76 Feet Through An Angle Of 02°05'43" Having A Chord Bearing And Distance Of North 42°10'43"West, 104.76 Feet;Thence South 48°52'09"West,A Distance Of 50.00 Feet To The Southwesterly Existing Right Of Way Line Of Said State Road 100 And To The Point Of Beginning; Thence Continue South 48°52'09" West; A Distance Of 10.00 Feet To A Curve To The Right Having A Radius Of 2924.84 Feet; Thence Along The Arc Of Said Curve 868.12 Feet Through An Angle Of 17°00'22" Having A Chord Bearing And Distance Of North 32° 37' 41" West, 864.94 Feet;Thence North 42°42'59"East,A Distance Of 10.88 Feet To The Southwesterly Existing Right Of Way Line Of Said State Road 100 And A Curve To The Left Having A Radius Of 2914.84 Feet; Thence Along The Arc Of Said Curve 869.44 Feet Through An Angle Of 17°05'24" Having A Chord Bearing And Distance Of South 32° 35' 09" East, 866.22 Feet To The Point Of Beginning. 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A,1610.P4 51•Nol PLE1ABLE. a N'bn V"•° DEVELOPER GRANTS EASEMENTS FOR SEWER ADO WATER IN O.RA.1019. i THIS MAP IS NOT A SURVEY• M",«•a PG.255 AND u.RB.1010,PG.412•NOT M1ETFADEC. SEE SHEET 1 FOR LEGEND b GENEPAL NOTES C,r,Oo,P°' S.R.10U mow cave Co.LINE To 5.F.104A IN BRADFORD Co. f mrn RIGHT OF WAY MAP ',MOVEDw P 11M. VW 2443 FLORIDA DEPARTMENT OF TRANSPORTATION FED.PR01.NIA SECTION 18010 ....a/ n•n N1K•"+�••• SURVEYING AND MAPPING - -- MAL '"'" ,o...,.�n"rn.,.• NON4 6F DWI FE.11wn 0• vnC 0.C.I0 EFn .11s STATE ROAD N0.100 BRADFORD COUNTY F.P.NO.2079566 I15HEET 3 OF a -- TAYLOR AARRUBLA HARDWICK TITLE REPORT For:Florida Department of of Transportation Re: Tom's High on the Hog Real Pit BBQ,Inc.,a Florida corporation 1. Period Searched: April 26, I968 to May 7,2025 2. Legal Description: Commence at the intersection of the centerline of SE County Road 21B with the centerline of State Road 100 at D.O.T.Station 72+40.36,said centerline of State Road 100 being on a curve,concave to the Northeast and having a radius of 2864.84 feet;thence Northwesterly, along said centerline and along the arc of said curve having a radius of 2864.84 feet,a central angle of 10 degrees 13 minutes 00 seconds and a chord of 510.17 feet that bears North 46 degrees 14 minutes 22 seconds West,thence Northwesterly along the arc of said curve for 510.85 feet to D.O.T.Station 77+51.21;thence South 48 degrees 52 minutes 08 seconds West, 50.00 feet to an intersection with the Westerly boundary of said State Road 100 and the point of beginning; thence South 48 degrees 52 minutes 08 seconds West, 10.00 feet;thence Northwesterly,along the arc of a curve that is parallel with and offset 10 feet Westerly of the Westerly boundary of said State Road 100 along the arc of said curve,said curve having a radius of 2924.84 feet,a central angle of 16 degrees 59 minutes 34 seconds and a chord of 864.27 feet that bears North 32 Degrees 38 minutes 05 seconds West; thence North 42 degrees 42 minutes 19 seconds East,10.88 feet to an intersection with the Westerly boundary of said State Road 100 D.O.T.;thence Southeasterly along the Westerly boundary of said State Road 100 and along the arc of a curve having a radius of 2914.84 feet,a central angle of 17 degrees 04 minutes 37 seconds and a chord of 865.55 feet that bears South 32 degrees 35 minutes 33 seconds East to the Point of Beginning. 3. Name of each person or entity owning any fee simple title interest: Tom's High on the Hog Real Pit BBQ,Inc.,a Florida corporation 4. Chain of Title(copies attached;all recording references are to the Official Records of Bradford County, Florida): Quit Claim Deed.recorded in OR Book 72,Page 433 Deed recorded in OR Book 151,Page 541 Special Warranty Deed recorded in OR Book 816,Page 518 Quit Claim Deed recorded in OR Book 817,Page 474 Corrective Special Warranty Deed recorded in OR Book 838,Page 320 Second Corrective Special Warranty Deed recorded in OR Book 900,Page 437 Notice of Merger and Affidavit of Title recorded in OR Book 915,Page 72 Affidavit of Title recorded in OR Book 1298,Page 65 Quit Claim Deed(Oil,Gas and Mineral Rights)recorded in OR Book 1375,Page 13 Special Warranty Deed recorded in OR Book 1498,Page 98 420 South Lawrence Boulevard,Keystone Heights, Florida 32656 (T)352.473.8088 • (F)352.473.8161 P. Corrective Special Warranty Deed recorded in OR Book 1520,Page 351 Affidavit of Title recorded in OR Book 1528,Page 330 Special Warranty Deed recorded in OR Book 1637,Page 50 Quit Claim Deed recorded in OR Book 1637,Page 56 Affidavit of Title recorded in OR Book 1772,Page 265 Affidavit of Title recorded in OR Book 1795,Page 415 Corrective Special Warranty Deed recorded in OR Book 1806,Page 506 Affidavit recorded in OR Book 1863,Page 521 Warranty Deed recorded in OR Book 1863,Page 524 Mortgage and Security Agreement in OR Book 1942,Page 213 Assignment of Rents,Leases and Contracts in.OR Book 1942,Page 235 UCC Financing Statement in OR Book 1942,Page 247 5. Every mortgage,lien,judgment,easement,mineral interest,gas interest,lease,instrument establishing covenants,restrictions or conditions,tax lien,assessment lien and other instrument of record affecting the title to the subject lands: Notice of Commencement recorded in OR Book 2117,Page 34 Developer Agreement recorded in OR Book 1829,Page 355 Right of Way Easement recorded in OR Book 1846,Page 263 Developer Agreement recorded in OR Book 1870,Page 412 Right of Way Easement recorded in OR Book 1879,Page 53 Right of Way Easement recorded in OR Book 1913,Page 20 Right of Way Easement recorded in OR Book 1983,Page 397 Partial Release of Mortgage recorded in OR Book 2129,Page 503 6.Ad Valorem Taxes: Real Estate Taxes for the year 2024 are paid in the amount of$158,941.96, the gross amount due was $165,564.54;Tax Parcel No.:05662-0-00100 Ve s, mes J.Taylor Jr. Florida Bar No.334057 420 South Lawrence Boulevard,Keystone Heights,Florida 32656 (T) 352.473.8088 • (F)352.473.8161 Inst.Number.202504006414 Book:2129 Page:503 Page 1 of 2 Date:1/16/2025 Time:4:40 PM Denny Thompson Clerk of Courts,Bradford County,Florida Prepared by and return to: Taylor Arrubin Hardwick Real Estate Services PA. 420 S.Lawrence Blvd. Keystone Heights,FL 32656 352-473-8088 PARTIAL y�r�rp'p g (Sp=AteveM lsLinsFerReeeningD'Jnl .1 AR JL.Ic.ALRELEASE OF MORTGAGE KNOW ALL MEN BY TIME PRESENTS: That Valley National Bank, a national banking association,the owner and holder of a certain mortgage executed by Tom's High on the Hog Real Bit BBQ,Inc,a Florida corporation,and WLL Two,LLC,a Florida limited liability company,to Valley National Bank,dated December 10,2021, and recorded on December 15,2021,in O.R.Book 1942,Page 213,of the Public Records of Bradford County,Florida, securing one or more promissory note(s)in a total principal sum not to exceed$IS,000,000AD,and certain promises and obligations set forth in the mortgage,upon the land situate in Bradford County,Florida,as described in said mortgage,in consideration of the sum of Ten andNo/I00 Dollars(S10.00),and other good and valuable consideration,receipt of which is hereby acknowledged,does hereby forever release,exonerate and discharge from the lien,operation,farce and effect of said mortgage that portion of the mortgaged property that is described and depicted in that certain survey sketch prepared for "Keystone RV Perk"by Patrick B.Welch&Associates,Inc.,and signed by Patrick B.Welch,under Job No.12-24-01,and Map Ni.1C-2257(hereinafter,the"Released Parcel"),a copy of whine is attached hereto and which by this reference is incorporated herein. PROVIDED,however,that nothing herein contained shall be held or construed to release,exonerate or discharge any other property than the Released Parcel,from any lien,operation,force and effect afraid mortgage,nor from any rights, remedies or privileges of the ownerthereof It is expressly understood thattho release oftho Released Parcel from the lien shalnot in any way affectthe lien of said mortgage upon the remaining land thereby subject to said mortgage. In Witness Whereof Valley National Bank has caused these presents to be executed in its nrns;by its proper officer therennto duly enthorized,on January q ,2025. VALLEY NATIONAL BANIIC BY PrintName: Its Vlcr 19eesldai- �l STATE OF Fi D1-i Jet- -COUNTY'OF Hilkhotrp2417 The instrument instrtent was adrng�iy'l ed before me by means of fir-physical presence or Cl online notarization,this "day ofianuary,2025,by(-rriff-d. /fi/d4, ,as VP of Valley National Bank,a national banking association,who fOls pers6hally known to mo or[j who has produced a driver license as identification. [Notary Seal] Notary Public Name typed,printed orstmnpedF el, r^°, x-iaElA lrltt My Commission Expires: +c,,,4ne nc•srateotrI da a�mta�mrOHH1a7o94J Hycsrsn,F�lrarIaa 2t,2aie E iecdct Ovcr;b Hzuarat Henry Atm. Inst.Number:202504000414 Book:2129 Page:504 Page 2 of 2 Date:1/16/2025 Time:4:40 PM Denny Thompson Clerk of Courts,Bradford County,Florida i RA autt egg Eoa 11 oft S1F s 107, St ax•I R,„ g CiUI9?Y RO an I/ 2 654 Eil � 'd 6 , ur NI 7 ut ya-. &1'g' r— t .13 fo d N p�, o Ems- Q 5 I i• lirj i s rillg I 1110 s`i=g3Z Fie& 3 ad a i11 '"fits Q Fpr-rtigI I: "' g bz C 1 i . fif. a �- } t �j S s � {` ���1��t,'i Y. �'i g o f'Ilf a 1 ; i r 6 j:`t t •N'It Zi y to 1 111113]� diB S f16 led �i e2 e� ii _$ .4. 11 s Zp71 a� giiIthilil "3 m I 3E5,IL z to lb o I e0 Z tr.4 iI pO q fp� tt 5 S ib Ea 1 -S , I