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Resolution 2014-082 RESOLUTION NO. 2014- 8 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO VACATE A PORTION OF THE 25- FOOT DRAINAGE EASEMENT BEING A PART OF LOT 2, NATURE POINTE, AS RECORDED IN PLAT BOOK 20, PAGES 20 THROUGH 22, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20130002593) WHEREAS, pursuant to Sections 125.01 and 125.37, Florida Statutes, and Resolution 2013-166, Petitioners, John and Angelika Dean, have requested to vacate a portion of the 25-foot drainage easement being a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of Collier County, Florida, also being a part of Section 35, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A, attached hereto; and WHEREAS, the Board of County Commissioners on this day, held a public hearing to consider petitioner's request and notice of said public hearing was given as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County, Nature Pointe Homeowner's Association, and the public's interest in a portion of the 25-foot drainage easement being a part of Lot 2, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of Collier County, Florida, also being a part of Section 35, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the public interest and for the public benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the public records of Collier County, Florida, and to make proper notation of this Resolution on the plat of Nature Pointe, as recorded in Plat Book 20, pages 20 through 22 of the public records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this the 22nd day of April, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E,?BROOK, CLERK COLLIER COUNTY FLORIDA • . �•. • !r,; . '. TOM HENN k.-, Chairman signatu a on y.. 1973 Gordon River Larte;Nature Pointe 1 of 2 INSTR 4976265 OR 5032 PG 2345 VAC-PL20130002593—Rev.3/11/14 RECORDED 5/1/2014 1:22 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT CA COLLIER COUNTY FLORIDA REC$44.00 Approved as to form and legality: (' By: fr ---' 3irk1(9 Scott A. Stone Assistant County Attorney Attachments: 1) Exhibit A 2) Location-Site Map CP/13-EIS-02588\29 1973 Gordon River Lane,Nature Pointe 2 of 2 VAC-PL20130002593—Rev.3/11/14 CA C c Z V J Q w N m N U F N O LL Q d-I 0 ti= O O N / • W w _ 600 00 zm g ■ d v N 3k N Z ?`--o g o� w m w ° o0 0 wwwULL �z ~w a r m o iiitg OO OoU] Kw ca COQ wa a cc 448 OU UZ w 4:k r..- t—6 Nz wOLLrr orr a ■ OF a m Q O Qmww o8 z 0 am pig 2 o U c� z F' 2 _ 0 r n v� E r Q g~O oleo w 0 F-- \ / 41 z ,4 V v Z 0_O U -- Z Z D F �.J 0 c� ©N ce 0 o Q i� v o r Z V1 U ` c0 p N 0 3 N m N 0 r co` LLQ LL>10E O W a ~Oz a r,>.r,>.Z pW°= 41 6', 0 Um W f'-wppFa Z p> ..- Zp . aU W W 9wT~ . omw Qa a a~ W N QW m W 1y o Or 1 O O� H wm m w Na co �URF UW aOZOs UI 21.-:,,q% Zm NN mK NW�mWF UQ g28 Z u) � Z 0Z. 6 mw 608[2 �11 N aOS tF Y ZZ x N 0° ¢ 8a K ? U J W om zQ SK J_ aQa?w Q O5glff O0Z O I-O Mg pz4iw o �-¢ U LO U N mW Zci*aZ az°O • < V N Lu 1.-- N Z S F YOY�r 4Z X0 W W „-- d N fr v p mD.;,-.75. 4 x FmxwW > N tn 0 m fn ,O(Tt 11�M4�h za05 < M 0 p 6.'. .„,, O ,w a W ~ \4 J QN t C9z iV N Q, W Z W z m E N o < J a va m O 0 N Q O (l) W Z > f- W U co F- UJ N w C.) • in z\I in 2 WN W I- V ,- co N CA 00 in H N (9 N Ca UD J W O� v- , z cm N d / m J 0, fn CO Q d 2*-,/$.-4-i � yr a a ' j 4 w zm W LLI va /o of Z J J J �— a —� /r J E N / / b / // co II 0 l / / oo Zl a W p J LL Q U H N ( p1 z N co 26 C9 a O D O 00 H —1 Q N Z Z Z CC CC zm z�� V a m N a 0¢ LL Q Z LL LLwtw 16 U `D zz Zp O J o_aVa�cn n u O Z mU 11 II LL dd 0a(G 0 "EXHIBIT A" LEGAL DESCRIPTION OF PARTIAL VACATION OF A 25' WIDE DRAINAGE EASEMENT A STRIP OF LAND LYING IN SECTION 35,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,BEING A PORTION OF A 25 FOOT DRAINAGE EASEMENT LYING OVER LOT 2 OF NATURE POINTE,AS RECORDED IN PLAT BOOK 20 PAGES 20-22 OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWESTERLY CORNER OF SAID LOT 2 OF NATURE POINTE, AS RECORDED IN PLAT BOOK 20 PAGES 20-22 OF COLLIER COUNTY,(P.O.C.)THENCE; RUN ALONG THE WEST PROPERTY LINE OF SAID LOT 2, SOUTH 09°41'22"WEST,A DISTANCE OF 10.14 FEET TO THE POINT OF BEGINNING(P.O.B.) THENCE CONTINUING ALONG SAID WEST PROPERTY LINE; SOUTH 09x41'22"WEST A DISTANCE OF 15.21 FEET TO A POINT THENCE; SOUTH 89'55'25"EAST,A DISTANCE OF 93.57 FEET TO A POINT LYING ON THE EAST PROPERTY LINE OF SAID LOT 2 THENCE; CONTINUING ALONG SAID EAST PROPERTY LINE; NORTH 26°00'09"EAST A DISTANCE OF 16.68 FEET TO A POINT THENCE; NORTH 89°55'25"WEST,A DISTANCE OF 98.32 FEET TO THE POINT OF BEGINNING. CONTAINING A COMPUTED AREA OF 1,439 SQUARE FEET OF LAND MORE OR LESS (0.033 ACRES MORE OR LESS). THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS LEGAL DESCRIPTION AND SKETCH ARE VALID ONLY IF IT BEARS THE ORIGINAL RAISED SEAL AND SIGNATURE OF THE LICENSED SURVEYOR Court H.Gregory LS#6004 Professional Surveyor and Mapper 761 Teton Court Naples,FL 34104 Signed Date 00.)2/(71 Seal (SEE ATTACHED SKETCH EXHIBIT"A") I D I L-----._ H w Lw0 2Z Q_ U M \ Q M j Q IJ••I w U �cI v 91�b49! fl W --rly 3Nbi 83001211110 E. Cn L .1. _ ^ 0 a0 rn N Q c U a N_ H Ca o y M 5 b L'J M ,0 04 0 G Lt. LCD 2 L 0O ° S O a° z ‘..c..,O a) > a 3VOS 0110N vm a __ a - a2 ei IR OVON NOlSONIN1 'NI I >,•CCI g on=N w vUv'C cd d a )6- no 0'0j o h 2 4 1•. a,.5 Z W : tn a oo 7 w $8 _ _ ,40 o<g ^ >� a<y ma x wK m a UwwaN m 1 IH z F OV02i JNllllld-12lOdLIIV— _ i III a< 1r"' a Llt- : il CA &NAP* ii ill ..‘ Z : co V O El V aa 0 MI o .Na3aly, ' I ' o Z U O 1 _ !I w � (L99'2f0) OVM3 NN•.j-31131000`0 `e Q 80 Ct U E 1 ^ O LL O 14 .l ■ Iw `o cc 05,0 x �. . 4 COLLIER COUNTY GOVERNMENT STOR u WAT1 R, 4NAGEMENT DEPARTMENT HORSESHOE SQUARE. SUITE 212 2685 SOUTH HORSESHOE DRIVE Mr.Tony Frisa NAPLES, FL 34104 (941) 732-2501 1973 Gordon River Lane FAX: (941) 659-5790 5672 Strand Ct., Suite#2 Naples, Florida 34104 Subject: Frisa Residence Lot 2,Nature Pointe Letter of No-Objection Dear Mr. Frisa: The Stormwater Management Section has reviewed your information showing a proposed pool,deck, and spa within a 25' Drainage Easement. Collier County has had discussions with South Florida Water Management District to learn that they would also consent to the vacation of the southerly 15 feet of the 25' Drainage Easement. This letter will consent to you building the pool.deck and spa within the said 15 feet of the • 25' Drainage Easement, as shown on the plans prepared by Anthony Sylvan. Shoud you choose to complete a formal easement vacation procedure.this letter will also advise you that we will consent to such a vacation. The above consent of the immediate construction of the pool, spa, and deck shall be perpetual and remain in full force forever as well as the consent to agree to the vacation of the easement. We advise that you obtain permission from the Nature Pointe Home Owners Association for the proposed improvements if you have any further questions,do not hesitate to contact this office at 732-2501. Sincerel yours 1�- - PL20130002593 Rev: 1 1973 Gordon River Lane- Lot 2 Nautre Ju y C. Adarmes Minor, P.E. Pointe Date: Engineer, Senior DUE: 12/26/1313 JCAM/jcam C:Robert C.Wiley,P.E.,Principal Project Manager,Stormwater Management Section Readine File F:\R.O.W.\Tony Frisa 0 Easement Vacation Agreement This Easement Vacation Agreement is entered into thi day of Ap(�.I s , 2014, by JOHN R. DEAN and ANGELIKA S. DEAN, husband and wife (hereinafter "Dean") and COLLIER COUNTY, a Political Subdivision of the State of Florida, its successors and assigns, (hereinafter"Collier County"): WHEREAS, Dean is the owner of the following described real property located in Collier County, Florida: Lot 2, Nature Pointe, according to the plat thereof as recorded in Plat Book 20, Pages 20 through 22, Public Records of Collier County, Florida (hereinafter "Property"). WHEREAS the Property is subject to a Drainage Easement located on the North 25 feet of the Property(hereafter"Drainage Easement"); and WHEREAS, a portion of the improvement located on the Property (hereinafter "Encroaching Improvement") encroaches into the Drainage Easement as shown on the survey attached hereto and incorporated herein as Exhibit A; and WHEREAS, Dean has requested to a vacation of that portion of the Drainage Easement shown as the Encroaching Improvement; and WHEREAS in consideration for the vacation of the Drainage Easement, Dean has agreed to certain maintenance and financial responsibilities. NOW, THEREFORE, in consideration of the covenants expressed herein, the parties agree as follows: 1. That portion of the Drainage Easement described in Exhibit "A" attached hereto will be vacated, in accordance with Resolution 2013-166, subject to the Board of County Commissioners approval. 2. Dean acknowledges that the Encroaching Improvement is immediately adjacent to the functioning Drainage Easement that incorporates a part of the Primary Drainage System, namely a portion of the Golden Gate Main Canal, and that the Encroaching Improvement may impede land based maintenance of the canal in the future. 3. Dean agrees that any County agency, any parties in the employ of the County, or in coordination with the County, shall not accept responsibility for any damage to the Encroaching Improvement resulting from the use of the remaining easement for the intended purpose(s) stated on the original plat, and in accordance with the Land Development Code. 1 of 3 0 IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first written above. Witness Signature JO R. DEAN R1 d 6tor frec'rna vt Witness Printed Name ess Signature ANGELIKA S. DEAN ?ost Ctr:Gog0At-10 Witness Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on he I day of �;ah 2014 by JOHN R.DEAN and ANGELIKA S. DEAN, husband and wife who are on know to me or( ) have provided Drivers Licenses as identification. �\4O JcpMMISS/p,•Os�'/'�.- ••�,��c,26 2F,. \�; No ary Public * ' °� • N = My Commission Expires:•- - n E88 � 3 AG ••9h1.t Stale\,\s•'QQP . 2 of 3 CO %. r `\ ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUN , FLORIDA By: ilL v 1,o_C9-OC • By: AttesegsPd illiM TOM HENNIN', Chairman signature on*: " , .. Approved to form d legality: Scott A. Stone Assistant County Attorney 3 of 3 C