Resolution 1988-133 r.,....-- atom MOM
JUNG 7, 1988
RESOLUTION NO. 88- 133
RESOLUTION ACCEPTING A DEED FOR A ROAD IN
SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
KNOWN AS ORANGE BLOSSOM BOULEVARD
WHEREAS, Monterey Associates, a Florida general partnership, and Emerald Lakes
of Naples, Inc., are the fee simple owners (collectively "Owners") of the property
described in the form of deed attached as Exhibit "A"(the "Road");and,
WHEREAS, the Owners have constructed the Road to County standards;and,
WHEREAS, the Road is presently a private road, and is part of a road right of way
which the Collier County Engineering Department desires to obtain in connection with
the County's Transportation Plan;and,
WHEREAS, the Owners are required by the County to construct a sewer force main
in the Road right of way and to convey the sewer force main to the County;and,
WHEREAS, the Owners have offered to convey the Road to the County and, along
with other parties, have executed and recorded a certain agreement titled "Orange
Blossom Boulevard Construction and Maintenance Agreement;"and
WHEREAS, said Agreement provides certain restrictions on the use of the Road
which the Board deems necessary and desirable in the public interest;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
1, The Board finds that the property described in the deed attached as Exhibit
"A" is necessary and is being acquired for the public use or purpose of road and utility •
•i right of way.
2. The Board accepts the conveyance of the Road in accordance with the deed
therefore, a copy of which is attached hereto as Exhibit "A" subject to the easements,
restrictions, reservations, and possibility of reverter recited in the deed and the
reservations contained in Exhibit "B" to the deed.
3. The Road shall be known as Orange Blossom Boulevard, or such name as may
later be adopted pursuant to County precedures for naming roads.
This resolution adopted after motion,second and roll call vote as follows:
Commissioner Saunders Motioned and aye
Commissioner Hasse Seconded and aye
Commissioner Pistor Aye
Commissioner Goodnight Aye -
Commjssioner Glass Ayr
DATED: jJune 7, 1980
' ANiWg'Ily` • BOARD OF COUNTY COMMISSIONERS
Z JAMES C.GILES, CLERK COLLIER COUNTY, FLORIDA
c. �►, ^""
, Virg ' l 5r , Depu Clerk rt�r sold Lee glass, Chairman •
41iptgve4hs'to form and
legal Sufficiency:
i ,
FDA County Attorney
DAP/vab51G3 500K 114 c' ' 589
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toot 1�4 gr,t 600
JUNE 7, 1988
F E, E S I M P L E D E E D
THIS DEED, is made this /9 day of JUNE •
1988, between EMERALD LAKES OF NAPLES, INC. , a Florida corporation,
LINDA J. CHAPMAN, Trustee, and MONTEREY ASSOCIATES, a Florida general
partnership, the Grantors and COLLIER COUNTY, a political subdivision a•
' of the State of Florida, whose post office address is 3301 Tamiami •
Trail East, Naples, Florida 33962, Grantee. As used herein, the term
"Grantors" or "Grantee" shall include the successors and assigns of
Grantors or either of them, or Grantee.
The Grantors, in consideration of the sum of TEN DOLLARS
($10.00) , and other good and valuable consideration paid by the Grantee
to the Grantors, the receipt of 'which is hereby acknowledged•, hereby
conveys to Grantee, the real property in Collier County, Florida
described on the attached Exhibit A.
SUBJECT to easements, restrictions, reservations, encumbrances,
and reverter of record.
•
AND ALSO SUBJECT TO the Reservation sat forth in Exhibit B
attached hereto.
TOGETHER with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining
TO HAVE AND TO HOLD, the same in fee simple forever.
• IN WITNESS WHEREOF, the said Grantors have hereunto set their
r hands and seals the day and year first above written.
MONTEREY ASSOCIATES, a Florida general
• partnership .
By: 9
witn�b's l � Farxrwr/15 • /1ESia.,vr of "fo' - Y
pe vi.c#- i .-/T M�9N?G��•+tivr Lv^r Oi1.v�
Co400447-4. G�iccc.oc �nn�yC7.t�4
Witnea�#- • •
•
/ EMERALD LAKES OF NAPLES, INC. ,
a Flori corporation J
/� By: "i"'i �I"CJI a
_W. ness #1 pR.E'S Deter"
Witnes�•2
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•• 01111■411ari 011tAdif 4e7
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T) .fitness .,00111"-- Li a J. Ch jman, Trustee
CAP. C\.2� )
Witness #2
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STATT+ OF FLORIDA JUNG 7, 1980 • . I
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day, before me, a Notary Public duly
authorized in the State and County named above to take acknowledgments,
C
personally appeared /7,-1,5 urC15, 11- _, Partner, of Monterey
Associates, to me known to be the person described above in and who
executed the foregoing deed, and acknowledged before me that said' h
person executed that deed.
WITNESS my hand and official seal in the County and State last
• • aforesaid this /0 day of 9 GC✓(C_. _, , 1988. .
/ .
A ,-- ' '
No?ary Falb c
Mj Comm' on Expires: • I
?1 '. '.1C 'T:TE OF ri.CRID] .. •
t" Y!1ISSTQ3 EXP.:1.311 27,n31
!•.'CEO T°,U GEIER,IL I1S. BID.
STATE OF FLORIDA j. .
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day, before me, a Notary Public duly
authorized in the State and County named above to take acknowledgments,
personally appeared .105. :D. -13O01-NESS) DR, ,_ {'RE51`DC,J
of Emerald lakes of Naples, Inc. , the corporation described the
foregoing instrument and that he acknowledged executing the same under
authority vested in him by said corporation and that the said affixed
thereto is the seal of said corporation.
WITNESS my hand and official seal in the County and State last
aforesaid this /0 day of 5:44--.,C , 1988.
' -
• _ tary Pu•liC-' "
6
My Commi / ion Expires:
NOTARY PUBLIC.STATE OF FLORIDA. ....,
MY COMMISSION EXPIRES HAY 10. 1990.
STATE OF FLORIDA
•onoco DIAL.NOTARY•IYOI C UnaKnW nRU■ •
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day, before me, a Notary Public duly . •
authorized in the State and County named above to take '
acknowledgements, personally appeared Linda J. Chapman, Trustee, to me •
known to be the person described above in and who executed the
foregoing deed, and acknowledged before ma that said person executed
that deed.
WITNESS my had and official seal in the County and State last
aforesaid this /U day of gre+re , 1988.
otary lie
My ComTP sion Expires:
f:• NOTARY PUBLIC.STATE OF FLCRIDA. ' I
9
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MY COMMISSION EXPIRL'S MAY 20. 1990.
•ongcq Tnnu NOTARY eu•ua unocnwnrtan•
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EXHIBIT n r
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• eO114 Flr,t 602
JUNE 7, 1988 '
Description of proposed 100.00 foot right-of-way for road
. purposes in part of •Section 3, Township 49 South,
• Range 25 East, Collier County, Florida
, A proposed 100.00 foot right-of-way for road purposes over and
Iracrose part of Section '3, Townshlp• .19 South, Range 25 Cast, '.
Colliocr County, Florida,, being more, particularly described as
° • -W.follows::K.'�.i.i,! ' • ••1
'•'Commencing at the southeast corner of Lot 1 of Block Z of Pine
` Ridge Extension, according to the plat thereof as recorded in Plat'
Wok 3, pages 51 through 51E (inclusive) , Public Records of
Collier County, Collier County, Florida;
thence along the east line of said Lot 1, `Block "Z", North
( 7'-25'-28" East 20.00 feet;
thence South 82•-34'-32" East 100.00 feet to the east lino of an
abandoned railroad right-of-way as recorded in Deed Book 8, pages
481 and 482, Public Records of Collier County, Florida, and the i .
' . POINT OF BEGINNING of the r
proposed right-of-way herein described; •
thence easterly and northeasterly, 534.07 feet along the arc '
of a circular curve concave to the northwest, having a radius
of 510.00 feet and being subtended by a chord which bears •
` North 67°-25'-28" East, 510.00 feet to a point of reverse
curvature; 7 f-4.,/-
thence northeasterly and easterly, 773.63 feet along the arc
of a circular curve concave to the south, having a radius of
665.00 feet and being subtended by a chord which bears North
70°-55'-28" East 734.08 feet to a point of reverse
curvature; • . '
thence easterly 156.42 feet along the arc of a circular curve .
concave to the north, .having a radius of 621.55 foot and
being subtended by a chord which bears South 82°-47'-07" East:
156.01 feet; ,
thence South 89'-59'-42" East 87.72 feet to the east line of '
Section 3, Township 49 South, Range 25 East, Collier County,
Florida, said point lying 50.00 feet-northwesterly of the
east 1/4 corner of said Section 3;
thence along said east line of Section 3, South 0°-53'-37"
East 50.00 feet to said 1/4 corner of Section 3;
thence continue along said east line, South 0'-54'-33' East
50.00 feet;
I thence North 69°-59'-42" West 09.30 feat to a point of
curvature;
thence westerly 181.59 feet along the arc of a circular curve
concave to the north, having a radius of 721.55 foot and
• being subtended by a chord which bears North 82°-47'-07" •
West, 181.11 feet to a point of reverse curvature;
l ••• -- .
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thence westerly and southwesterly, 660.69 feet along the arc
• of a circular curve concave to the south having a radius of
565.00 feet and being subtended by a chord which bears South .
70°-55'-28" West, 623.69 feet to a point of reverse
curvatuue;
thence southwesterly and westerly, 638.79 feet along the arc
• of a circular curve concave to the northwest, having a radius e
of 610.00 feet and being subtended by a chord which bears.
• South 67°-25'-28" West, 610.00 feet to the east line of
aforesaid abandoned railroad right-of-way; ;
thence along the east lino of said right-of-way, North
_, 7;-25'-28" East 100.00 feet to the ?oint of Beginning of the
proposed right-of-way herein described;
..: being a part of Section 3, Township 49 South, Range 25 East,
•
. Collier County, Florida;
containing 3.59 acres of land more or less;
subject to easements and restrictions of record.
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3 4y;, 7, 1988 ti
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_:��^�€'. WILSON • MILLER • BARTON • SOLL S. PEEK, INC.
7. .0 ENGINEERS PLANNERS SURVEYORS
{ '10/ 1383 AIRPORT-PULLING ROAD NORTH.NAPLES.FLORIDA 33942-9966 I913}843-464 •
.
Description of proposed 100.00 foot right-nf-way for road purposes
in part of Section 2, Township 49 South, Range 25 East,
Collier County, Florida
(for Emerald Lakes of Naples, LTD.)
A proposed 100.00 foot right-of-way for road purposes over and.across part of
Section 2, Township 49 South, Range 25 East, Collier County, Florida, being more •
• particularly described as follows;
BEGINNING at the west 1/4 corner of Section 2, Township 49 South, Range 25 •
East, Collier County, Florida;
thence along the west line of the northwest 1/4 of said Section 2, North
0°-53'-37" West 50.00 feet;
thence South 89°-59'-42" East and parallel with the east and west 1/4 section
line of said Section 2 a distance of 400.00 feet; •
thence South 0°-53'-37" East, 50.00 feet to the said east and west 1/4 section
line;
It
thence South 0°-54'-33" East 50.00 feet;
thence North 89°-59'-42" Vest and parallel with said east and west 1/4 section
line 400.00 feet to the west line of the southwest 1/4 of said Section 2;
thence along said west line, North 0°-54'-33" Vest, 50.00 feet to the Point of
Beginning of the proposed right-of-way herein described;
being a part of Section 2, Township 49 South, Range 25 East, Collier County,
Florida;
containing 0.92 acres of land more or less;
subject to easements and restrictions of record;
"Iii A 11 `x ' } WILSON, MILLER, BARTON, SOLL & PEEK, INC.
Reg. Engineers and Land Surveyors ;
I
BY ,V4/1 /21-t...."--..„t DATE .u.. z /9•B8
R• r Michael C. LaMure, P.L.S. #4247
I • .
. .# Not valid unless embossed with the Professional's seal.
V' V.O. 22043
A-,# Ref: 2G-260B (ML:kjd 100' r/w emerald lakes)
Date: March 21, 1988
BOOK 114 PAs 603
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JLNE 7, 1988
E'x I IIBIT"II"
RESERVATION
1. In conjunction herewith, Grantors reserve the right, but not the obligation, to
enhance the right-of-way for Orange Blossom Boulevard pursuant to the terms of this ■
Reservation. If Grantors do not exercise the rights granted under this Reservation, the
County may landscape and maintain Orange Blossom Boulevard in accordance with the
County's standard landscaping and maintenance policies.
2. Grantors may enhance Orange Blossom Boulevard median, and on either side
of the traffic lanes within the right-of-way by any or all of the following methods:
A. Planting of trees and shrubs;
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B. Replacement of any ground cover provided by the County;
C. Mowing, pruning, or fertilizing the vegetation In the median and the
right-of-way;
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D. Installation of irrigation devices; ,t
E. Removal of litter and diseased or dead vegetation;
P. Installation and maintenance of lighting;
G. Signage meeting County standards directing the public to the projects
set out in Ordinance 85-25 and Ordinance 88-25,
3. Any landscape enhancement undertaken by Grantors shall be subject to
applicable right-of-way permits and shall be consistent with generally applicable traftic •
safety requirements, and shall not include plant species which are prohibited within
Collier County at the time of planting. Grantors assume no liability whatsoever arising
out of their enhancement of Orange Blossom Boulevard, except as provided herein.
4. Any vegetation planted by Grantors shall be properly maintained in a manner
consistent with this Reservation. If such vegetation is not properly maintained, it may •
be removed by the County at the expense of Grantors within thirty days after written
notice is given by the County to Grantors.
5. Grantors either separately or jointly, may assign their rights and obligations
under this Exhibit "B."
6. Grantors shall have the right to install and maintain such utilities in the right-
of-way, including without limitation, electric, water, sewer, cable television, and
telephone, subject to applicable right-of-way permits, as may be reasonably associated
with residential use of the appurtenant parcels owned by Grantors.
7. The County shall not unreasonably or unnecessarily destroy any enhanced
landscaping placed by Grantors. Where the County reasonably must destroy the enhanced
landscaping in the performance of necessary governmental functions, the County will
• promptly replace such landscaping with landscaping meeting the County's minimum
requirements. Should Grantors notify the County that they desire to re-plant enhanced
vegetation, the County will pay to the Grantors the value of the landscaping meeting the
County's minimum specifications,and the Grantors shall be responsible for all other costs
of the enhanced vegetation.
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bOOK 114 Par'l 605
DAP/vab5084