Loading...
Backup Documents 04/22/2014 Item #17A April zz, zu 14 VAC-PL20130002593 COLLIER COUNTY FLORIDA Nature Point Lot 2 REQUEST FOR LEGAL ADVERTISING OF PUBLIC t.......--...., --.4-,1 To: Clerk to the Board: Please place the following as a: Z Normal legal Advertisement E] Other: (Display Adv.,location,etc.) ********************************************************************************************************** Originating Dept/Div: Engineering Services,Community Development&Environmental Services Person: Marcus L.Berman.P.S.M. Date: March 13,2014 Petition No.Of none,give brief description): VAC-PL20130002593 Nature Point Lot 2 Petitioner: (Name&Address): John&Angelika Dean, 1973 Gordon River Lane,Naples,FL 34104 Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:(Based on advertisement appearing 20 days before hearing)April 22,2014 Newspaper(s)to be used: (Complete only if important): Z Naples Daily News El Other El Legally Required Proposed Text: (Include legal description&common location&Size: Companion petition(s),if any&proposed hearing date:nia Does Petition Fee include advertising cost?0 Yes Z No,If Yes,what account should be charged for advertising costs: 131-138327-649100 Reviewed h7 ' McKenna i if , ii) Cottrity Engineer Date 1 - List Attachments: See below DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: El County Manager agenda file: to El Requesting Division CD Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S)ate OFFICE USE Ojkl i r Received: 0 ILI hf Date of Public hearing: ,4, I Date Advertised: 0 /4 17A Martha S. Vergara From: Berman, Marcus Sent: Friday, March 14, 2014 10:45 AM To: Minutes and Records Cc: McKenna,Jack; Neet, Virginia; Rodriguez, Wanda; Brock, MaryJo; Kendall, Marcia; Wells, Laura; Patricia L. Morgan Subject: Ad request for legal advertisement VAC-PL20130002593 1973 Gordon River Lane Attachments: Request for legal advertisment for 042214 BCC MTG.doc;Approved Resolution - 031114.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please send conformation for final approval to Virginia Neet, Wanda Rodriquez, County Attorney's office, Marcia Kendall and myself. Thank you /lamas C. Benfrair, Collier County Land Surveyor Engineering Services Growth Management Division/Planning and Regulation Office: (239) 252-6885 Coliier County Please consider the environment before printing this email. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 17A March 14, 2014 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement on Wednesday, April 2, 2014 & Wednesday, April 9, 2014 and furnish proof of publication to the attention of Marcus L. Berman, County Land Surveyor in the Land Development Services Department, Engineering Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be one column wide in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on all Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Engineering Services Department FUND & COST CENTER: 131-138327-649100-00000 PURCHASE ORDER NUMBER: 4500140027 Account Number: 068783 NOTICE OF PUBLIC HEARING 17A Notice is hereby given that on Tuesday,April 22,2014, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail,Naples FL,the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO. 2014- 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 TIIROUGH 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) 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. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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 allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda 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 Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. 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 verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk (SEAL) April 2 & 9, 2014 17A � RESOLUTION NO. 2014- 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 2.5-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. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk TOM HENNING, Chairman 1973 Gordon River lane.Nature Pointe 1 of 2 VAC-PL20130002593—Rev. 3/11/14 17A Approved as to form and legality: J3lttt€ Scott A. Stone Assistant County Attorney Attachments: 1) h;xhibit A 2) Location-Site Map CP/13-EIS-02588\29 1973 Gordon River Lane.Nature Pointe 2 nI 2 VAC-0420130002593 Rev.3/I /14 -, ., _ _ _ _ �_ Z V J g W a' °v E 8 a a a = W boa a 0 ° z w Z 2^�O wm �dd g �'0 # u, < Y n " nw�LL JZ HJ a. V j O -°i = OO Q wp C9wy W< }W ^\ p p LI_ It Ll 0 >,V„VVV N m W w O O W o°�0 U W r� ° °V J d� mai o u,Z = a W F.... s. Z p o Z a O U m rn W H Z j V/ ce ? o a r 3 ° N t z to V o so. rn op a z 3 M N co b p 0 N m N 7 2yawwne'ttWNp`mimXtaa ia.'- ..==..-e............ ..wrsswe.�eammd¢w.wv'uacaamvf3iaA'am»mw -etpreavuuur+iYUUUU�a-.aiaav�t.a»�z:lW.wwvurm�s'A.aaap H.zv�Y.WMw a.HSaaxuumm. -'asa�c kd u w m m? pz 4 2'C)KO oo >� ,F_ iz%iwa a a m nS mZ OQw=, 'm 1RH 3 _ wa ,- _�° =nOOi-r W W,o, Wm,-- x � aO,, „ ,'-z u pw�5 wa w`>mwM .-. 1-.20°8 & g Cl) jau� §ci v' b _. g L.w E Cl) O k I I x2YW >J SNK��° aJC0 0 B p W owoom 2Ka w�amyZ ooaWx' 8 Ws gwon¢_rc �Ua �— J 0 WsZ mLL ozaoms zw_ (� Z Z. °W° 26 st NWw C)OF-°�YF Z — {— P-a0 ea :inn; irr'i6S gg Q Q Q N z zQ U''' V00:inn; °awm OO ( � WN .�d{I12 w WO W..ZZ((aw to 1 Fo ¢ } U ( < z O rn W - L i� .lYvt,,,- JWdwp� V W } r Q N H V i2t.) aU~ s JN , 0,-„q3,0 I - W w W d U] Z F-zho n"w? 'M- � ao z¢ w¢600' . It, � , W D c5 W 0 `� p j N Z (V N L 7-Z W I ZQ N N o < .i CO ill O O N > Q ( W Z -...I— 1 W _ .1 in 2 W W <t in CV r ~ s 0 `n c. `n `n W N Z0 7' N CD or, to Z N .b -J w CO D) F— n.N . `t' 4 @ J (n W 2 �kr. Q IX �4,Qi S<U 3• JDci �� hero ;� F-CV o J Iii 0. 7_.,..,-J In 1 /.....' 1 N 1 O `' II CO ,a. I. LL1 a lrld z N 1 M 2. v5 w O - O W O F N a 0 V H ?ww Z w w NY zC0 z22 H ,,w v 0 moa LL ` 1 NY V/ z C0 wOw //W�� o o a 0 ZZ Zm o 3 W ooa�a w 1 0 O J `1„ o-j °�� �u x Z V 0 wmO R aaon.rn 1 . � 17A1 "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 20P NATURE P0|NTE.AS RECORDED|NPL.Al'BOOK20 PAGES 20'220FCOLLIER COUNTY.FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWESTERLY CORNER OF SAID LOT 2 OF NAI'URE POIN'LE, AS RECORDED IN PLAT BOOK 20 PAGES 20-22 OF COLLIER COUNTY,(P.O.C.)THENCE; RUN ALONG THE WEST PROPERTY LINE OF SAIl)LOT 2, SOUTH O9'54l'22" WEST,A DISTANCE 0P |O.l4 FEET T0 THE POINT 0F BEGINNING(y8.8.) THENCE CONTINUING ALONG SAID WEST PROPERTY LINE; SOUTH V9.4|`22" WEST A DISTANCE OF 1521 FEET TO A POINT THENCE SOUTH 89°55'25'' EAST,A DISTANCE 0F9l57pEE[T0A POINT LYING 0N THE EAST PROPERTY LINE OF SAID LOT 2 THENCE; CONTINUING ALONG SAID EAST PROPERTY LINE; NORTH 26')00'0Y"BAOTA DISTANCE OF 10.68 FEET T0A POINT THENCE; NORTH 89'55`25-WEST,A DISTANCE OP98.]Z FEET T0 THE POINT OPBEGINNING. CONTAINING A COMPUTED AREA OF I,439 SQUARE FEET OF LAND MORE OR LESS (0;33 ACRES MORE OR LESS). THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS LEGAL DESCRIPTION AND SKETCH ARE VALiD ONLY IFIT BEARS THE 0RIG1NAI. RAISED SEAL AND SIGNATURE OF THE LICENSEI)SURVEYOR. Court H.Gregory LS#6004 Professional Surveyor and Mapper 761 Teton Court Naples, FL 34104 Signed Dom 01/4 Seal (SEE ATTACHED SKETCH EXH|8|T^�A") , • 17A i .I -INN 1._ , z 0 .1,,,,....H._ I-W0W F- 2 Z< U ; Qm5 M f o a`V U e ( � w 3NV1 83001N1f10 E 1 :// N < co h W O, O N M < h CO h N L C U m U Q 4 C `y E r v cl o in 00 -3. 0= S C12 '^5 F O o z O a� 11i1i: !31VOS Ol 10N t o N iklg11 1 ca, *111A. A OVOa NOISONtAll WZ I Y ?A�0�Oh C r, W y �. 6 3 V) H 705 F' [OM O & § ;2 C_� gY d OS cv ' Ob Y"` V}N Q.. Vt.i.(J..1 E.nl Z ~ A0 cte ao) o 1 OHOaONnlnd-taOdaIV Milk a 1 a ' ;/ `� O 4 v U _ .' W K § ;N , f_L O o c ; O % O ` ' w g Z L v N S''' a O , W s.,a3a,1Y, . o Z I s ''' 0 0 � ... = W I (tSE'a'O):�. OVOa AN 3-31131000`0 'g, 0f0, r (ta's'n)liVal IWVINVL _ o F P g x 17A ' Acct. #068783 March 14, 2014 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: VAC-PL20130002593, Nature Point Lot 2 Dear Legals, Please advertise the above referenced notice Wednesday, April 2, 2014 and again on the following Wednesday, April 9, 2014 and send Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500140027 17A ' March 14, 2014 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement on Wednesday, April 2, 2014 & Wednesday, April 9, 2014 and furnish proof of publication to the attention of the Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be one column wide in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on all Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Engineering Services Department FUND & COST CENTER: 131-138327-649100-00000 PURCHASE ORDER NUMBER: 4500140027 Account Number: 068783 17A I NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday,April 22,2014,in the Board of County Commissioners meeting room,third floor, Collier Government Center, 3299 East Tamiami Trail,Naples FL, the Board of County Commissioners(BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO. 2014- 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) 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. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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 allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda 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 Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. 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 verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk(SEAL) April 2 & 9, 2014 > u_nty of Collier 17 A CLERK OF 1-FIE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Dwight E. Brock Clerk of Courts 3315 TAMIAMI TRAIN,EAST ST. 102 Clerk of Courts Accountant P.O. BOX 41044 Auditor NAPLES, FLORIDA 3401-3044 Custodian of County Funds q March 14, 2014 John & Angelika Dean 1973 Gordon River Lane Naples, FL 34104 Re: Petition VAC-PL20130002593, Nature Point Lot 2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2014, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, April 2, 2014 and again on the following Wednesday, April 9, 2014. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ,. Martha Vergara, Deputy Clerk Enclosure Phone - (239) 252-2646 Fax - (239) 252-2755 Website - www.collierclerk.com Email - collierclerk @collierclerk.com 17A Acct. #068783 April 1, 2014 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: VAC-PL20130002593 Nature Pointe Lot 2 Dear Legals, Please advertise the above referenced notice Friday, April 4, 2014 and again the following Wednesday, April 9, 2014 and please send duplicate Affidavits of Publication, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500140027 17A April 1, 2014 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Notice on Friday, April 4, 2014 and again on the following Wednesday, April 9, 2014 and furnish proof of publication to the attention of the Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The ad must be one column wide in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on all Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES [Engineering Services Department] PURCHASE ORDER NUMBER: 4500140027 Account Number: 068783 17A NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday,April 22,2014,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 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO. 2014- 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) 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. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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 allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda 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 Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. 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 verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn Deputy Clerk(SEAL) April 4 & 9,2014 Ann P. Jennejohn 1 7 A To: legals @naplesnews.com Subject: VAC-PL20130002593 Nature Pointe Attachments: VAC-PL20130002593.doc;VAC-PL20130002593.doc Please advertise the attached notice on Friday, April 4th and again on the following Wednesday, April 9th, 2014. Ann Jenne john, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, April 02, 2014 10:01 AM 17 A To: Ann P.Jennejohn Subject: Ad Confirmation Attachments: UASD435 jpg Hi Ann! Please provide approval ASAP for publication on 04.04 and 04.09.14. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 239-213-6061 cpolidora @naplesnews.com Thank you for placing your ad. Date 04/02/14 Publication NON Account Number 744106 Ad Number 2022380 Total Ad Cost $743.28 1 17A NATURE POINTE VAC-PL20132593 NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, April 22,2014, in the Board of County Commissioners Meeting Raorn. Third P1601, Collier Government Center, 3299 Tarniami Trail East, Naples, FL, the Board of County Commissioners (BCC)will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO.2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, TO VACKFE 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 3s,TOWNSHIP 49 SOUTH. RANGE 25 EAST,COLLIER COUNTY,FLORIDA. (PETITION VAC PL20110002593) 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. NOTE, All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed individual speakers will be limited to 3 minutes on any item. The selection of any 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 allotted in minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda 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 Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record - Any person who decides to appeal any decision of the Board will need a record 07 the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. if you are a,person with a disability who needs any accommodation in order to i participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tarniarni Trail East,Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TOM HENNING,CHAIRMAN DWIGHT E 13ROCK,CLERK By: Ann Jennejohn Deputy Clerk(SEAL) April 4&9. 2014 No. 2022380 Ann P. Jennejohn 17A 1 From: Berman, Marcus Sent: Wednesday, April 02, 2014 1:03 PM To: Ann P.Jennejohn Cc: Neet, Virginia Subject: RE: Nature Pointe Lot 2 VAC-PL20130002593 (for the April 22 BCC Meeting) Looks good Marcus L. Berman, P.S.M. Collier County Land Surveyor Engineering Services Growth Management Division/Planning and Regulation Office: (239) 252-6885 Original Message From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Wednesday, April 02, 2014 12:31 PM To: BermanMarcus; NeetVirginia Subject: Nature Pointe Lot 2 VAC-PL20130002593 (for the April 22 BCC Meeting) Good Afternoon, Please look over the attached legal notice for Petition VAC-PI20130002593; Nature Pointe Lot 2, that will run this coming Friday, April 4th (the 1st notice was supposed to run today, April 2nd)and will be published again on Wednesday, April 9th for the Board's April 22nd Meeting. Please send your approval or comments a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Wednesday, April 02, 2014 10:01 AM To: Ann P. Jennejohn Subject: Ad Confirmation Hi Ann! Please provide approval ASAP for publication on 04.04 and 04.09.14. THANKS! Carol 1 Ann P. Jennejohn 17 A From: Neet, Virginia Sent: Wednesday, April 02, 2014 2:29 PM To: Ann P.Jennejohn Subject: FW: Nature Pointe Lot 2 VAC-PL20130002593 (for the April 22 BCC Meeting) Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: StoneScott Sent: Wednesday, April 02, 2014 2:29 PM To: NeetVirginia; BonhamGail Cc: AshtonHeidi Subject: RE: Nature Pointe Lot 2 VAC-PL20130002593 (for the April 22 BCC Meeting) Dinny, That appears fine to me. Approved. Thanks! Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 Original Message From: NeetVirginia Sent: Wednesday, April 02, 2014 12:32 PM To: StoneScott; BonhamGail Cc: AshtonHeidi Subject: FW: Nature Pointe Lot 2 VAC-PL20130002593 (for the April 22 BCC Meeting) Scott: See attached for your approval. Dinny 1 Naples Daily News 1 7 A Naples, FL 34110 Affidavit of Publication Naples Daily News BCC/ENGINEERING-ENVIRONMENTAL FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 NOTICE OF MEETING NOTICE OF MEETING REFERENCE: 068783 4 5 0 0 14 0 0 2 7 NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION 59744717 NOTICE OF PUBLIC H Notice is hereby given that on Tuesday, April 22, 2014, 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: County of Collier RESOLUTION NO.2014-_ Before the undersigned authority, pers A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY.FLORIDA,TO VACATE A PORTION OF THE 25-FOOT DRAINAGE EASEMENT appeared Robin Calabrese, who on oath so BEINGAPARTOFLOT2;NATUREPOINTE,ASRECORDEDINPLATBOOK20.PAGES she serves as the Advertising Director c 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) Naples Daily News, a daily newspaper put A copy of the proposed Resolution is on file with the Clerk to the Board and is Naples, i n Collier County, Florida: th_ available for inspection.All interested parties are invited to attend and be heard. attached copy of advertising was publisr NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to pesentation of the agenda item to be addressed. newspaper on dates listed. Individual speakers will be limted to 3 minutes on any item. The selection of any individual to speak on beh�If of an organization or group is encouraged. If Af f iant further says that the said Na l recognized by the Chairman a spokesperson for a group or organization may be allotted 10 minutes to speak cn an item. News is a newspaper published at Naples, Persons wishing to have wrtten or graphic materials included in the Board agenda Collier County, Florida, and that the SE packets must submit said maerial a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the newspaper has heretofore been cont inuOu: Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.MI materials used in presentations before the Board published in said Collier County, Florii will become a permanent part ifthe record. day and has been entered as second class Any person who decides to,ppeal 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, In verbatim record of the prreedings is made, which record includes the testimony and evidence upon which the appeal is based. Collier County, Florida, for a period o If you are a person witha disability who needs any accommodation in order to next preceding the first publication of participate in this procee.ing,you are entitled,at no cost to you,to the provision of certain assistance. lease contact the Collier County Facilities Management attached copy of advertisement; and off Department, located at 335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at leasttwo days prior to the meeting. Assisted listening devices further says that he has neither paid n for the hearing impaled are available in the Board of County Commissioners promised any person, firm or corporatio BOARD OF COUNTYCUMMISSIONERS discount, rebate, commission or refund COLLIERCOUNTY,FLCRIDA purpose of securing this advertisement TOM HENNING,CHARMAN publication in the said newspaper. DWIGHTE.BROCKCLERK By: Ann Jennejoln Deputy Clerk(SEAL) PUBLISHED ON: 04/04 04/09 And!4&9 2014 _ No 2027380 AD SPACE: 114 LINE FILED ON: 04/09/14 Signature of Affiant Sworn to and Subscribed be •ire me t � day AA / 20/q I Personally known by me I / j ""'"'"y, CAROL.POLIDORA 4.* ;,,_ MY COMMISSION#EE 851758 EXPIRES:November 28,2014 ,:?�'-Q i �.�dF F q,, Bonded Thru Richard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTIN SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to un ttorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Cou A orn 1Tce no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office QUiti 4. BCC Office Board of County 11-1 Commissioners v75/ k,\ZS\I \ 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Marcus L. Berman,P.S.M. Phone Number 239.252.6885 Contact/ Department Agenda Date Item was 4/22/2014 Agenda Item Number 17.A. Approved by the BCC Type of Document Resolution/F a►5t v„aa�- Number of Original �°1 Attached �'"""^ Documents Attached PO number or account 131-138327-649030 number if document is to be recorded I t 4-1g/ INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? MLB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed MLB by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's MLB Office and all other parties except the BCC Chairman and the Clerk to the Board 5.l The Chairman's signature line date has been entered as the date of BCC approval of the MLB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MLB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 4-22-2014 and all changes made during MLB the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. , 9. Initials of attorney verifying that the attached document is the version approved by the , BCC, all changes directed by the BCC have been made,and the document is ready fort Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 17A MEMORANDUM Date: May 12, 2014 To: Marcus Berman, P.S.M. Engineering & Environmental Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2014-52: Vacating a portion of a (Lot 2) Nature Pointe drainage easement and an Easement Vacation Agreement with real property owners Attached for your records is a copy of the recorded Resolution and agreement referenced above, (Item #17A) adopted by the Board of County Commissioners on April 22, 2014. If you have any questions, please feel free to call me at 252-8406. Thank you. Attachment 17A 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 BRQ, K, CLERK COLLIER COUNTY FLORIDA ... + / Atten_�, after, 1'. - TOM HENN �., Chairman signat a on y.: INSTR 4976265 OR 5032 PG 2345 1973 Gordon River Lane;Nature Pointe 1 of 2 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 17A Approved as to form and legality: li By: yS)-- %Sitt/(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 17A Z C J W = N - 0 C.) W cc. o< g 0 o Z j f 6 w o w} co Q xk r •> w w N Z now D�p� Jw ,_J a ■ ° m o 0 wL6i0 2Z >-w �\ �O 3 7 A 0 , f < � � d °�a�Z >� �Z �� fgci � W K O O W 0,7,0 z0 �Q It� �O O N �CW J � �os° o� ozz 0 24* • o� LL 3 N NZ Qm=W 07 Z = dm �m o `� Tx Q gLLo �° 0 0 , i " Z " 8 P S Z n 0 « z , r 0 v ©n z N 0 0 in W 0 N I 3 M N M o 0 N my 0 0 >10:t >>W O KN Kp Ff za kl" a� 0 a Nz owoNZ hgwbi F- 20 5 W Z UZ 2 252 j 17A "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 09.41'22"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 0,(0 (1 Seal (SEE ATTACHED SKETCH EXHIBIT"A") CP VA : ._ W W iN WU,mQ U IM Q a r Li j r U Q rot, ....„,--s ,?,,,, 3N`d1 eopo ino I03 rn o 1_ N co n 1 co rn N Q U 0 N I- C,Q O Q 'l- a) M b cu CO c04 O O g w LO �2 L' § O z '�8 O i O !iii 1YOS Ol 1ON 0 03 2 Cw - a� A— OVOa NO1SONIAI1 77 pp =Q i mm C :2("/ d / , 2 W/U W LL 0.N t") ? d' C p 1 ZU re 01 3 a x ).-e. p W I l W>.: ril te Hil co WO CIO S RH , 1 — F ow r t (1,£ 0) OVOa ONlllndlaOdalV M Oa li Y U vim K d 0., Zm Y _ 3 Y N iD a. t 5325 #0,* a5 N n, Z, �W Or. H Oa , p 2 U Z . ` . o p H o 0 &rc z 1 ¢ L U N 11`4-J5-a - - 1 p U W.= •c N213011% , Q � E H 1 in w r, (LS9'a'0),. CIVOU NN,.3-31131400'9 - rir `-2 j '� to .- t II Lik !LI 11 Fri Flitril a 2 Q 0 1 J o (14sn)1IV81 IWVI .1 Lt i re 3 X 17A COLLIER COUNTY GOVERNMENT STORMWATER7M NAGEMENT DEPARTMENT HORSESHOE SQUARE. SUITE 212 August to,_ow. 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. Sincerer yours PL20130002593 Rev: 1 1973 Gordon River Lane-Lot 2 Nautre Ju y C.Adarmes Minor, P.E. Pointe EnEngineer, Senior Date: 12-09-2013 g DUE: 12/26/13 JCAM/jcam C:Robert C.Wiley,P.E.,Principal Project Manager,Stormwater Management Section Reading File F:\R.O.W.\Tony Frisa CP 17A Easement Vacation Agreement This Easement Vacation Agreement is entered into this4a day of �J r,1 �'"'� , 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 0 174 IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first written above. A.A.•-r/e1...0„,,....--- Witness Signature JO R. DEAN R Pr f r«rr►a vt Witness Printed Name Vess Signature ANGELIKA S. DEAN UosHork txcoRO O Witness Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on he ( day of t 2014 by JOHN R.DEAN and ANGELIKA S. DEAN, husband and wife who are (+personally know to me or( ) have provided Drivers Licenses as identification. ouuul►two � `\*PAD . . 70S'����a� �v�•• �fcc 26',.6,,-,•F �'�� NeLC) ublic *•• . N = My Commission Expires: IS _Fy• : g'G® ."/st state\c`•'•• p Q' ``.•i' / OP `` ' O �` ��%11 II I\ 2 of 3 till r*`\ 17 /i ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUN , FLORIDA /��C By;' LA -a o�. By: • Attest t TOM HENNINf, Chairman '-'4ii natuie+ a Approved to form d legality: Scott A. Stone Assistant County Attorney 3 of 3 it