MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS DOUG SMITH Commissioner, District 1 UTILITIES & SOLID WASTE DEPARTMENT PO Box 9000 Stuart, FL 34995-9000 John E. Polley Director Phone (772) 221-1442 Fax (772) 221-1447 ED FIELDING Commissioner, District 2 HAROLD E. JENKINS II Commissioner, District 3 SARAH HEARD Commissioner, District 4 EDWARD V. CIAMPI Commissioner, District 5 TARYN KRYZDA, CPM County Administrator SARAH W. WOODS Acting County Attorney December 19, 2016 Re: Proposed Cape Live Oak Water Main Assessment Utility Easement Agreements Dear Mr. & Mrs. Westbrook: As you are aware, utility easements over the westerly extension of Willow Lake Trail (a private roadway) are required to be executed and accepted by the Martin County Board of County Commissioners in order to design and construct the proposed water utility assets. Therefore, please review the enclosed documents and if acceptable execute as directed below or contact this office to make arrangements to have a Notary Public available to witness and sign and seal the easement document. The Consent of Mortgagee form has to executed and notarized by the appropriate lending institution. 1. Utility Easement Agreement, Please sign where indicated and have 2 witnesses sign for each signature where indicated. Also, your signatures will need to be witnessed, signed and sealed by a Notary Public in the appropriate Notary block. 2. Consent of Mortgagee, You will need to present this document to the appropriate party of the lending institution, which will sign and have witnessed as well as Notarized. Or, if the mortgage has been satisfied provide appropriate documentation thereof. Please return the fully executed Utility Easement Agreement and Consent of Mortgagee documents to: Martin County Utilities/Solid Waste P.O. Box 9000 Stuart, FL 34995-9000 Please call if you have any questions or comments. TELEPHONE 772-288-5400 WEB ADDRESS http://www.martin.fl.us usd2017l143 1 of 5
Project Name: Cape Live Oak Utility Easements Project Number: 2606 PCN: 55-38-41-421-000-00040-10000 CONSENT OF MORTGAGEE I3 Lending Inc, organized and existing under the laws of Pennsylvania (hereinafter referred to as Mortgagee ) under that certain Mortgage dated June 10, 2016, and recorded June 14, 2016, in Official Records Book 2860, page 67, Martin County, Florida, public records (hereinafter referred to as the Mortgage ), hereby executes this document to evidence its consent to the granting and recording of that certain Easement to which this Consent of Mortgagee is attached and which is being recorded simultaneously herewith (hereinafter referred to as the Easement ), further Mortgagee agrees that the Easement shall be an interest, superior to the Mortgage and in the property to which the Mortgage encumbers. This consent is given on the express condition that it shall in no way affect the lien of the Mortgage on the property described in the Mortgage, but shall only be construed as a Subordination to the Easement. This consent by Mortgagee is not intended to be and shall not be construed to be a waiver by Mortgagee of the maturity date of the principal, accrued interest or other amounts due under the terms of the note, mortgage or other loan documents, even though this consent may be executed subsequent to any maturity date or any other term or condition of the note, mortgage or other loan documents. This consent is not and shall not be construed to be an agreement or consent to a subordination of the lien of the Mortgage by Mortgagee to any other easements now existing or that may exist or arise in the future. SIGNATURE PAGE TO FOLLOW 2 of 5
SIGNATURE PAGE TO CONSENT OF MORTGAGEE Signed, sealed and delivered in the presence of: I3 Lending Inc, organized and existing under the laws of Pennsylvania Print Name: By: Name:_ Its: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of, 201 by, as of I3 Lending Inc, organized and existing under the laws of Pennsylvania, on behalf of said entity, who is ( ) personally known to me or has produced as identification. Notary Public, State of Print Name: My Commission Expires: 3 of 5
This instrument prepared by: Norman Asbjornsen for Martin County 2401 SE Monterey Road Stuart, FL 34996 Project Name: Cape Live Oak Utility Easements Project No: RPM-2606 PCN: 55-38-41-421-000-00040-10000 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA UTILITY EASEMENT THIS EASEMENT granted and executed this day of, 201, by DONALD WESTBROOK and SUSAN WESTBROOK, husband and wife, whose mailing address is 220 S.W. Willow Lake Trail, Stuart, Florida 34997, Grantors, to MARTIN COUNTY, a political subdivision of the State of Florida, whose address is 2401 SE Monterey Road, Stuart, Florida 34996, Grantee. (Wherever used herein the terms Grantor and Grantee shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that the Grantor, for and in consideration of the sum of $1.00 and other good and valuable considerations, in hand paid by the Grantee, the receipt and sufficiency whereof is hereby acknowledged, does hereby grant unto the Grantee forever, an easement for the construction, reconstruction, replacement, operation, maintenance, and repair of utility related equipment, including, but not limited to lift stations, pumps, pipelines, fences, structures, and powerline hookups, if required, in, under, over, across, and through the following described land, situate, lying and being in the County of Martin, State of Florida, to-wit: All of that portion of S.W. Willow Lake Trail (Private Road) that lies within Lot 4, Cape Live Oak, according to the plat thereof as recorded in Plat Book 7, Page 40 public records of Martin County, Florida. AND further, the right of reasonable ingress and egress over and across subject property as is necessary to the Grantee s use of the rights granted herein. The Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good and lawful authority to grant and convey this easement; that Grantor fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. The Grantor agrees that it will not alter or obstruct or allow the alteration or obstruction of the Easement Premises in any way without the express written consent of the Grantee. Grantee, its contractors, agents and employees shall have free access to the Easement Premises and every part thereof, at all times, for the purpose of exercising the rights granted herein; provided however in making any excavations on the Easement Premises, Grantee shall make the same in such manner as will cause the least injury to the surface of the ground and restore any 4 of 5
improvements within such excavation to as near the same condition as it was prior to such excavation as soon as is practicable. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: WITNESSES: Print Name By: Donald Westbrook By: Susan Westbrook Print Name State of } County of } The foregoing Utility Easement was acknowledged before me this day of, 201 by Donald Westbrook and Susan Westbrook, husband and wife. Donald Westbrook is ( ) personally known to me or has produced as identification and Susan Westbrook is ( ) personally known to me or has produced as identification. Notary Public 5 of 5