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Resolution 2015-107 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News + BCC/ENGINEERING-ENVIRONMENTAL FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068783 4500140027 NOTICE TO CONSHERARE NOTICE OF INTENT TO CONSIDER A RESOLUTION 59771589 NOTICE OF PUBLIC Notice is hereby given that on Tuesday, May 26, 2015, in the Board of County Commissioners Meeting' Room, Third. Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at State of Florida 9:00 A.M.The title of the proposed Resolution is as follows: • Counties of Collier and Lee RESOLUTION NO.2015- Before the undersigned authority p A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, e , FLORIDA,TO DISCLAIM,RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC appeared Dan McDermott, says that he s- INTEREST IN THE TWO WESTERLY 30-FOOT PARCELS RESERVED FOR PP y RIGHT-OF-WAY AND A PORTION OF LINDA DRIVE RIGHT•OF-WAY WITHIN LINDA Inside Sales Supervisor, of the Naples PARK AS RECORDED IN PLAT BOOK 4, PAGE 19 OF THE PUBLIC RECORDS OF • P P COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 14, TOWNSHIP 50 SOUTH, a daily newspaper published at Naples, RANGE 25 EAST,COLLIER COUNTY,FLORIDA.(PETITION VAC-PL20140002842) County, Florida • distributed in Collie] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. and Lee counties of Florida; that the NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of theerie genda item o be addressed. copy of advertising was published In Sc Individual speakers will be limited to 3 minutes any item.Thet selection of any newspaper on dates listed. individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be Affiant further says that the said NE allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda News is a newspaper published at NapleC packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Collier County, Florida, and that the E Board shall be submitted to the appropriate County staff a minimum of seven days newspaper has heretofore been cont inuoL willbecomeeperblic entring. All time ateords used in presentations before the Board day and has been entered as second cla- Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a matter at the post office in Naples, i verbatim record of the proceedings is made, which record includes the testimony Collier County, Florida, for a period • and evidence upon which the appeal is based. next preceding the first publication o • participate in person proceeding,,disability who needs at any cost accommodation in provision to p p g,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management attached copy of advertisement; and of - Division, located at 3335 Tamiami Trail East,Suite 101, Naples,FL 34112-5356,(239) further says that he has neither paid hearing impaired least two days prior the the mfCoun County Commissioners listening devices for the hearing are available in the Board of Count Commissioners Office. promised any person, firm or corporati• BOARDOFCOUNTYCOMMISSIONERS COLLIER COUNTY,FLORIDA discount, rebate, commission or refund TIMNANCE,CHAIRMAN . purpose of securing this advertisement DWIGHTAnn E. JeBROCK,CLERK By: john publication in the said newspaper. DeputyClerk(SnneEAL) Mav 6 2015 No,2056869 PUBLISHED ON: 05/06 1 INSTR 5136524 OR 5164 PG 797 RECORDED 6/16/2015 4.39 PM PAGES 7 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$61.00 AD SPACE: 112 LINE FILED ON: 05/06/15 -,,, + Signature of Affiant �' �.� ' Sworn to and Subscribed be ore me, th' s , day of / 20% / It 1 'ter"''•• CAROL PDUDDRA Personally known by me �� ,ro,, �w•y t-� � ,,\ a e::::Flo ii, My Commission*FF 185630 '-%ic F,0,• y Comm,Expires Dec 28,2018 "' ' Sorbed throupry National Notary Assn. RESOLUTION NO. 2015-10 7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE TWO WESTERLY 30-FOOT PARCELS RESERVED FOR RIGHT-OF-WAY AND A PORTION OF LINDA DRIVE RIGHT-OF- WAY WITHIN LINDA PARK AS RECORDED IN PLAT BOOK 4, PAGE 19 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20140002842) WHEREAS, pursuant to Resolution 2013-166, Petitioner, Patrick G. White of Porter Wright Morris & Arthur LLP, has requested the vacation of the County and the Public interest in the two westerly 30-foot parcels reserved for right-of-way and a portion of Linda Drive right-of-way within Linda Park as recorded in Plat Book 4, page 19 of the Public Records of Collier County, Florida, located in Section 14, Township 50 South, Range 25 East, Collier County, Florida, being more specifically described in Exhibit A, attached hereto; and WHEREAS, at its April 14, 2015 regular meeting, the Board of Commissioners, via Resolution No. 2015-69 , approved the scheduling of a public hearing on May 26, 2015, pursuant to Resolution 2013-166; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law; and WHEREAS, the granting of the Petitioner's request will not adversely affect the ownership or right of convenient access of the property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County interest in the two westerly 30-foot parcels reserved for right-of-way and a portion of Linda Drive right-of-way within Linda Park as recorded in Plat Book 4, page 19 of the Public Records of Collier County, Florida, located in Section 14, Township 50 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 and to make proper notation of this Resolution on the plat of Linda Park as recorded in Plat Book 4, page 19, of the public records of Collier County, Florida. 1 of 2 o This Resolution adopted after motion, second and majority vote favoring same, this the day of Ma , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT,k; BROCK, CLERK COLLIER COUNTY, FLORIDA r ._. �I` �.• , ac . By �'W'; Clerk TIM NAN C E, C airman ttBSt'aS signature • ;* Approved as to form and legality: By: SL.--27 N irsAs Scott A. Stone Assistant County Attorney Attachments: 1) Location-Site Map, 2) Exhibit A 2 of 2 EXHIBIT"A" LEGAL DESCRIPTION AND SKETCH OF THE LANDS SUBJECT TO VACATION That portion of the right-of-way of Linda Drive dedicated as Linda Drive for a public street, being a 60 foot wide right-of-way, as described on the plat of Linda Park Subdivision, recorded in Plat Book 4, Page 19, of the public records of Collier County, Florida, extending westerly from a north-south running straight line connecting the most westerly rear lot lines of Lots 2 and 45; AND including the two thirty foot wide parcels at the western end of the subdivision used for street right-of-way to facilitate vehicular turn-around movements that extend to the northern and southern boundaries of the platted land; AND reserving and leaving unaffected THEREIN all easements for public utility and drainage purposes; BEING those lands depicted by cross-hatching in the attached, Attachment "A," incorporated by reference. NAPLES 633051 v.1 ` J v D D 5' 4 d a 1 NOT TO SCALE a �rY llr( o r o 'm n ?'w:' �i Oro 9 T 0 4 NS'1% F,7,°"; r0a `r S o � 0go • 13 13 ndd11, ,� A a ' AA3 <`o� Z a 0V) 0- \\\\\\`\\\\\ \\\\\\\\\\' Ti? = o x0mN N IV B. oo �� m Crl tn 0 w: -0 7,o CO CA E. A co x a-o co N x-1 D o o w N D -o m \ f 0 Q W NJO tri m a n r w m Z Q r- Z CA < ° W �D Z CO D m W rn C Po CA M �C} W n m Q] < a) 1 n Z 0 D w m -, D � � z rn cri x (� > <0_ W T° o d U p_• CO \ W Q C< A D co c,1 n N v n _N o v0 1 o o m z A 8 N y 1 M CO a 0 o \\: D CX m A- ) ` D m Z c —1 0 �w -A D-o mm(A z Z 5 0 .4 - 0 b. m 0) (11 N f I- w (7 N w N BAYSHORE DRIVE 0 VT v, r 0 NJ * A K e .. .. b a ---N7-7-777,7.-E-- O?TC SCALE : / %}M ti'{11it 11 1 u.0 11 i u ri � _ 'IV n III t itt 9 X 9 N. . _„,„ ,, I". CO iiiit . ...,:j -tb_l. 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F W N D 7 K 1 _ � _ 1 CO w 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 > 2 cn 70 LINDA DRIVE.:. m 45 a ''d 26 27 28 2930 31 32 33 34 35 36 37 3839 40 LAKE 41 42 43 44` 70 § 46 m 0 > m D 7j nD - co mm oz C) NAPLES DAILY NEWS Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott, who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on June 5, 2015. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose o securing this advertisement for pub • ion • the said newspaper • ce--Peze, /1( f NOTICE NOTICE NOTICE OF ADOPTION (Signature of affiant) Notice is hereby given that on the 26th day of May 2015 the Board of County Commissioners of Collier County, Florida, adopted Resolution Number 2015-107, related to Petition VAC-PL20140002842, to disclaim, renounce and vacate County and Public interest in the two westerly 30-foot parcels reserved for Right-of-Way and a portion of Linda Drive Right-of-Way within Linda Park, as recorded in Plat Book 4, Page e 19 of South,the Range Public East,Records of. oountC,County,Florida, located in Section Sworn to and subscribed before me Resolution No.2015-107 may be examined in the Office of the Clerk to the Board, Minutes & Records Department, Administration Building Suite 4401, Collier County This 9th day of June, 201 5 Government Center,3299 Tamiami Trail East,Naples,Florida. BOARD OF COUNTY COMMISSIONERS C�w�d�0— COLLIER COUNTY,FLORIDA d4 ∎ TIM NANCE,CHAIRMAN (Signature of notary public) DWIGHT E.BROCK,CLERK BY Ann Jennelohn,Deputy Clerk (SEAL) No 7058886 June 3 2015 64jR Nkti, Notary Public State of Florida Susan D Flora My Commission FF 040250 or Expires 07/28/2017 Prepared by: INSTR 5131196 OR 5159 PG 2559 Patrick G.White,Esquire RECORDED 6/4/2015 10:58 AM PAGES 5 Porter Wright Morris&Arthur LLP DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT 9132 Strada Place,3rd Floor COLLIER COUNTY FLORIDA Naples,FL 34108 DOC @.70$0.70 REC$44.00 QUIT CLAIM DEED (Pursuant to Section 125.411, Florida Statutes) THIS DEED, made this cs(v}`1 day of Ma , 2015, by COLLIER COUNTY, a political subdivision of the State of Floridatie "GRANTOR"), whose address is 3299 Tamiami Trail East, Naples, Florida 34112, and THE ENCLAVE OF NAPLES BAY HOMEOWNERS' ASSOCIATION, INC. (the "GRANTEE"), whose address is 2055 TRADE CENTER WAY,NAPLES, FL 34109. WITNESSETH: That GRANTOR for and in consideration of the sum of TEN DOLLARS and 00/100 ($10.00) to it in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted , bargained and sold to GRANTEE, its heirs, successors and assigns, forever, the following described lands, lying and being in Collier County, Florida, to wit: (See Exhibit "A" Attached Hereto) SUBJECT TO: 1. All existing public purpose utility and government easements and rights of way. 2. Resolution 2 01 5-10 7 , approved by the Board of County Commissioners of Collier County, Florida, on Ma ) oZOIS (date), approving the conveyance pursuant to Section 336.12 which states that a governing body of the county may abandon the roads and rights-of-way dedicated in a recorded residential subdivision plat and simultaneously convey the county's interest in such roads, rights-of- way, and appurtenant drainage facilities to a homeowners' association. 3. All other matters of record and taxes for the year 2014, and subsequent years. IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. NAPLES/634946v 1 GRANTOR: COLLIER COUNTY, FLORIDA By its Board of County Commissioners By: eAtGe_ Tim Nance, Chairman (Official Seal) ATTEST:,.)•"-'4Q ar V .. r. .�/ 'n O-/ • tyClerk to WO'� c �A Toners of Collier>Count i off Si� �1 } y' " signature only. 1 S day of , 2015 Appr ved as to form and legality: Scott A. Stone Assistant County Attorney [14-EIS-02882/1160732/1] Page 2 of 3 0 EXHIBIT "A" [14-EIS-02882/1160732/1] Page 3 of 3 L EXHIBIT"A" LEGAL DESCRIPTION AND SKETCH OF THE LANDS SUBJECT TO VACATION That portion of the right-.of--way of Linda Drive dedicated as Linda Drive for a public street, being a 60 foot wide right-of-way, as described on the plat of Linda Park Subdivision, recorded in Plat Book 4, Page 19, of the public records of Collier County, Florida, extending westerly from a north-south running straight line connecting the most westerly rear lot lines of Lots 2 and 45; AND including the two thirty foot wide parcels at the western end of the subdivision used for street right-of-way to facilitate vehicular turn-around movements that extend to the northern and southern boundaries of the platted land; AND reserving and leaving unaffected THEREIN all easements for public utility and drainage purposes; BEING those lands depicted by cross-hatching in the attached, Attachment "A," incorporated by reference. NAP LESi633a®1 v., I 5. La a A NOT TO SCALE fD a W/ o7 �dn'�o 4b 'V0S O !IIHI e r Co m rr� 7/ Aqo/. o0 Z a R a�< 4°4' 9 °RSF S 3 co Z o ;hoo <5 77 v CDdC7,�-,•y -OM"ft CI-- zo o O-Di�f*ml ��N��N\��N�� m on a O m m 5 C O0 to N N 3 Dom8 J Ry m N N w -`I)Aa W a w cn 0 v c N a N -4. A O 1 o m N I-- O a W O g n CA "r —' < < Z N z (O _ Z m o Cr1 0 -k — o A c/4 D 03 z co D 0 J 0 c m 73∎ f D rn 2 73 CA ln a -1 m D a � G) <CA D.) no J - R- 0 CO v A N -D rn 0 = D 4> G) z o \ p rn z "D1 S r a D �p —I N D 3 rn Ca 0 Ico 0 fD < XI m VI (.31 D m —I 4 > CD - F - w om z �o O O b .o- 4, N) G) a m CO U1 e r- (.2 r L)..) n Is.) BAYSHORE DRIVE a lli 4 ln dN 5 D K 0 Prepared by,without benefit of true search or examination: I NSTR 5131200 OR 5159 PG 2585 Patrick White,Esq. 9132 Strada Place,Third Floor RECORDED 6/4/2015 11:00 AM PAGES 3 Naples,FL 34103 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC@ 70$0.70 REC$27.00 SOLID WASTE ACCESS EASEMENT THIS SOLID WASTE ACCESS EASEMENT, granted this co-00- of ,1 r 2015, by THE ENCLAVE OF NAPLES BAY HOMEOWNERS' ASSOCIATION, INC., a Florida non-profit corporation, whose mailing address is 2055 Trade Center Way, Naples, Florida 34108, its successors and assigns, hereafter known as GRANTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the governing body of Collier County, 3229 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as GRANTEE. WITNESSETH: That the GRANTOR for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains, and sells unto the GRANTEE, it successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and remove, install, operate, and maintain such Solid Waste Facilities of the GRANTEE, as hereinafter defined, in, and/or on the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A"which is incorporated herein by reference. TO HAVE AND HOLD the same unto the GRANTEE and its assigns, together with the right to enter upon said lands for the purposes of accessing, relocating, operating, and maintaining Solid Waste Facilities of the GRANTEE at GRANTEE'S sole cost and expense subject to agreements that follow. GRANTOR and GRANTEE are used for singular or plural, as the context requires. WITH respect to said right and easement hereby conveyed by the GRANTOR, the GRANTEE, by its acceptance hereof, hereby agrees as follows: a. Solid Waste Facilities of the GRANTEE shall mean portable solid waste disposal and storage containers, and any related facilities and the operation and maintenance of each on and along the lands described in Exhibit "A." b. The GRANTOR and its successors and assigns shall have the right to use and enjoy the foregoing easement in common with the GRANTEE and others legally entitled thereto subject to the GRANTEE'S Solid Waste Facilities being predominate in right to uses and facilities of the GRANTOR and the GRANTOR being responsible for damage to the GRANTEE'S facilities caused by actions of the GRANTOR. c. To the extent provided by law, the GRANTOR shall indemnify, defend, and hold harmless GRANTEE from and against any and all claims arising from the failure of the Page 1 of 3 GRANTOR to comply with the covenants and obligations set forth herein or arising out of GRANTEE'S exercise of said right of easement but subject to limitations set forth by applicable Florida Statutes. d. GRANTOR hereby warrants that it is the present fee simple title owner of the property described in Exhibit "A" and that said parcel is presently free and clear of liens and encumbrances excepting easements, restrictions, and reservations of record. TO HAVE AND TO HOLD, the same unto GRANTEE, its respective successors and assigns, for the purpose aforesaid. IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the GRANTOR: presence of: THE ENCLAVE OF NAPLES BAY HOMEOWNERS' ASSOCIATION, INC., a Florida non-profit corporation . wi�J LL By: s --� ANTONIO B. BROWN, its President Printed ' ame -w.jemee#0A._ ec,66ebaii) Witnes Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 2.1 day of April, 2015, by ANTONIO B. BROWN, President of, THE ENCLAVE OF NAPLES BAY HOMEOWNERS' ASSOCIATION, Inc., a Florida non-profit corporation, on behalf of the corporation, who is personally known to me and further is known to rrre to be the President of The Enclave Of Naples Bay Homeowners' Association, Inc. (SEAL) Nota ' ublic-State of Florida NAPLES/636900v.<U N D E F I N E D> 49fiett.. Notary Public State of Florida Ismary Gonzalez c Pa My Commission EE147718 p�of F�o4 Expires 11/20/2015 Page 2 of 3 This SOLID WASTE ACCESS EASEMENT comprises all of the right-of-way of Linda Drive, westerly from the line extended north and south between the westerly and rear lot lines of Lots 2 and 45, including the north and south ten feet (10') abutting the aforesaid Linda Drive right-of- way of those westerly 30-foot right-of way parcels, all of the Linda Park Subdivision, recorded in the public records of Collier County, Florida, in Plat Book 4 at Page 19, as generally depicted by the cross-hatched area below: LINDA P A su6di✓/sIon of Lot/1/4?.5/ of A/op/es Grove Q"o' Truck Cas L■)We Form, No 2 os recorded xn Pub//c .Qecords Co//ier Coun fr F/or-/;?'0, /ofaookNo.1 0/Ave Ala 27 G'.+rcep/ii•� f4e eosie .25-' .s e•-ip of.roid Lof No,.5/ oa deeded{or.Sfsfe bad Righf of Way, Sala' /ono& bein?in1he SW%4€:*€ME Zoe of,Sec,/4 TWPSO3 R:e.SE Collier al,Fig, ka � s r h RR/v. } »' / i 1. .fi �; /7 t; /6 K /5 . /9�, /6 - //y /01'4 9 i 5', 4 4' a Is ,. ,. ,. . '� „lilt ,....,, , 1 . _ - , ,, Al. itAt.... - - - .- . 4 , ..., __. , _ _ . . 4.,,, v, i :r �jf�. 26; 27 • ` h .9�7� 96. 96e 3g �� ti 4.8 44' 1 Car•assw `fie esp.e.sec.14 ,,,3:.: -°' -- , ' -* -- " ' -' "• ",.; ,-,.... "' " -'-'''-1 - ';Ira it -.place /e or ( to/NM rrry f....+e,r p�LM. N./Vole. Jhere "'Ave, 30•Poece/s /� o •" of/onet C-e.re r yea' {or future �t ' .26-ea,' 1P/iyhf ere Mar v� a > "<S ■ , Tj �.RC� 1. •w k EXHIBIT 'A' Page 3 of 3