Backup Documents 03/14/2017 Item #16A18 q ;c c✓\c I ('vac -f
ORIGINAL DOCUMENTS CHECKLIST & ROING SLI
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I))et.crei yti
3i 17
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County At orne Offi e
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County ttoy c o lat
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alre complete with e
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
3 At-s /6 -7
4. BCC Office Board of County
Commissioners AY \k"-k\k—\
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 John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was March 14,2017 Agenda Item Number 16-A l 8
Approved by the BCC
Type of Document Consent and Resolution Number of Original Two
Attached � �'3� Documents Attached
PO number or account 1 �
number if document is ' ' oke,r✓1d
to be recorded
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? JH
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 JH
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
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 ffi
signature and initials are required. _
7. In most cases(some contracts are an exception),the original document and this routing slip
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 March 14,2017 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
is the
9 Initials all changes di ec ed by that
he BCC have been madeversion approved
and thedocument BCC,all ready for the
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
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16 /U 8
MEMORANDUM
Date: March 17, 2017
To: John Houldsworth, Senior Site Plan Reviewer
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2017-39: Accepting dedications to Collier County
and the County's Water-Sewer District relating to the plat of
Winding Cypress Phase 2C
Attached for your records is a copy of the Resolution referenced above, (Item #16A18)
adopted by the Board of County Commissioners on Tuesday March 14, 2017
The original resolution will be held in the Minutes and Records Department for the
Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
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RESOLUTION NO. 17- 3 9
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA ACCEPTING DEDICATIONS TO
COLLIER COUNTY AND THE COLLIER
COUNTY WATER-SEWER DISTRICT WITHIN
THE PLAT OF WINDING CYPRESS PHASE 2C,
AS RECORDED IN PLAT BOOK 60, PAGES 22
THROUGH 28 OF THE OFFICIAL PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of Collier County, Florida,
("Board") on December 8, 2015, approved the plat of Winding Cypress Phase 2C ("Plat")
for recording; and
WHEREAS, on January 11, 2016, the Plat was recorded in Plat Book 60, Pages
22 through 28 of the Official Public Records of Collier County, Florida; and
WHEREAS, Florida Statutes Section 177.081(2) requires that every plat of a
subdivision filed for record must contain a dedication by the owner or owners of record,
and the dedication must be executed by all persons, corporations, or entities whose
signature would be required to convey record fee simple title to the lands being dedicated
in the same manner in which deeds are required be executed; and
WHEREAS, Divosta Homes, L.P. ("Divosta") and Winding Cypress Community
Development District ("CDD") are the fee simple owners of the real property within the
Plat. The Plat dedication was executed by Divosta, but it was not executed by the CDD;
and
WHEREAS, the CDD wishes to execute the Plat dedication by recording a
Consent and Joinder to the Dedications and Reservations for the Plat, attached hereto as
Exhibit A, in the Official Public Records of Collier County, Florida; and
WHEREAS, the dedications to Collier County and Collier County Water-Sewer
District, as described in Exhibit A, constitute an offer to dedicate and require acceptance
by the Board; and
WHEREAS, the Board agrees to accept the dedications from the CDD to Collier
County and Collier County Water-Sewer District, as described in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the dedications from
Winding Cypress Community Development District to Collier County and Collier County
Water-Sewer District, as described in Exhibit A, attached hereto, are hereby accepted.
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BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is
hereby directed to record this Resolution in the minutes of this Board, and to make proper
notation of this Resolution on the plat of Winding Cypress Phase 2C, as recorded in Plat
Book 60, Pages 22 through 28 of the Official Public Records of Collier County, Florida.
}his Resolution adopted after motion, second and majority vote favoring same,
this V4 day of M a'-o"\ , 2017.
DATE: 4' 1 ao BOARD OF COUNTY COMMISSIONERS
ATTEST: COLL 'AUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
ILA Or 0.L . By.
4111 pu Clerk PENN OFAYLOR, ?5IRMAN
Attest as to airman's'
Apoignsttireyvyform and legality:
4/10Scott A. Stone /
Assistant County Attorney
Item# tLOPr1�
Agenda 4A-1
Date
DatReced �-� ��
Deputy a
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INSTR 5379894 OR 5373 PG 659
RECORDED 3/20/2017 9:33 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$35.50
This instrument prepared by and after recording return to:
Steven M.Falk,Esq.
Falk Law Firm,P.A.
7400 Tamiami Trail North, Suite 103
Naples,FL 34108
239-596-8400
CONSENT AND JOINDER TO DEDICATIONS AND RESERVATIONS
FOR WINDING CYPRESS PHASE 2C,AS RECORDED IN PLAT BOOK 60, PAGES 22-
28 OF THE OFFICIAL PUBLIC RECORDS OF COLLIER COUNTY,FL
Winding Cypress Community Development District,a local unit of special purpose government,as owner
of land described in the Winding Cypress Phase 2C subdivision plat, as recorded in Plat Book 60, Pages
22-28 of the Official Public Records of Collier County, Florida, (a copy of which is attached hereto as
Exhibit A), does hereby consent to and join in the Dedications and Reservations described in said plat,
and as further restated as follows:
1. DEDICATE TO WINDING CYPRESS HOMEOWNERS ASSOCIATION, INC. ITS
SUCCESSORS AND OR ASSIGNS:
A) TRACT "R" (WINDING CYPRESS DRIVE AND MOCKINGBIRD COURT) AS A PRIVATE
ROAD RIGHT-OF-WAY (R.O.W.) SUBJECT TO THE EASEMENTS DEPICTED THEREIN,
AND ALL IRRIGATION TRANSMISSION LINES LOCATED WITHIN SAID TRACT "R",
WITH RESPONSIBILITY FOR MAINTENANCE.
B) TRACT "A" AS A LAKE, SUBJECT TO THE EASEMENTS DEPICTED HEREON, FOR
DRAINAGE AND STORMWATER MANAGEMENT PURPOSES INCLUDING
INSTALLATION AND MAINTENANCE OF THOSE RESPECTIVE FACILITIES, WITH
THE RESPONSIBILITY FOR MAINTENANCE.
C) TRACT "B" AS COMMON AREA SUBJECT TO THE EASEMENTS DEPICTED HEREON.
PURPOSES SHALL INCLUDE BUT ARE NOT LIMITED TO, LANDSCAPING AND
DRAINAGE,WITH RESPONSIBILITY FOR MAINTENANCE.
D) ALL DRAINAGE EASEMENTS (D.E.) INDICATED ON THE PLAT FOR DRAINAGE AND
STORMWATER MANAGEMENT PURPOSES, FOR THE PURPOSE OF INSTALLATION
AND MAINTENANCE OF THOSE RESPECTIVE FACILITIES, WITH THE
RESPONSIBILITY FOR MAINTENANCE.
E) ALL ACCESS EASEMENTS (A.E.) INDICATED ON THE PLAT FOR ACCESS, WITH
RESPONSIBILITY FOR MAINTENANCE.
F) ALL LANDSCAPE BUFFER EASEMENTS (L.B.E) AS DEPICTED, WITH
RESPONSIBILITY FOR MAINTENANCE.
G) ALL IRRIGATION EASEMENTS (I.E.) AS DEPICTED, FOR IRRIGATION PURPOSES
WITH RESPONSIBILITY FOR MAINTENANCE.
H) ALL LAKE MAINTENANCE EASEMENTS (L.M.E.), WITH RESPONSIBILITY FOR
MAINTENANCE.
Exhibit A
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I) TRACTS "P1", AND "P2" (PRESERVE AREAS) ARE DEDICATED AS COMMON AREAS
WITH PERPETUAL RESPONSIBILITY FOR MAINTENANCE. THE PRESERVE TRACTS
MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITTED STATE.
ACTIVITIES PROHIBITTED IN THE PRESERVE AREA INCLUDE, BUT ARE NOT
LIMITED TO: CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE
GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH;
REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION WITH
THE EXCEPTION OF EXOCTIC/NUISANCE VEGETATION REMOVAL; EXCAVATION,
DREDGING OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING, AND ANY
OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE FLOOD CONTROL, WATER
CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT
CONSERVATION OR PRESERVATION.
2. DEDICATE TO COLLIER COUNTY:
A) ALL DRAINAGE (D.E.) EASEMENTS WITHOUT RESPONSIBILITY FOR
MAINTENANCE.
B) ALL LAKE MAINTENANCE EASEMENTS (L.M.E.) WITHOUT RESPONSIBILITY FOR
MAINTENANCE.
C) ALL ACCESS EASEMENTS(A.E.)WITHOUT RESPONSIBILITY FOR MAINTENANCE.
D) TRACTS "P1" AND "P2", (PRESERVE AREAS) WITHOUT RESPONSIBILITY FOR
MAINTENANCE AND SUBJECT TO THE CONDITIONS OF THE DEDICATION IN
PARAGRAPH 1I ABOVE.
3. DEDICATE TO COLLIER COUNTY WATER-SEWER DISTRICT:
A) THAT ALL COUNTY UTILITY EASEMENTS (C.U.E.) FOR POTABLE WATER, NON-
POTABLE IRRIGATION WATER AND/OR WASTEWATER SYSTEM(S) OR PORTION(S)
THEREOF AND INGRESS AND EGRESS RIGHTS, WHERE APPROPRIATE, ARE
PROVIDED TO THE COLLIER COUNTY WATER-SEWER DISTRICT TO INSTALL,
OPERATE AND MAINTAIN POTABLE WATER, NON-POTABLE IRRIGATION WATER
AND/OR WASTERWATER UTILITY SYSTEMS OR PORTION(S) THEREOF WITHIN THE
PLATTED AREA WITH NO RESPONSIBILITY FOR MAINTENANCE OF THE SURFACE
EASEMENT AREA.
B) APPLICABLE POTABLE WATER, NON-POTABLE IRRIGATION WATER AND/OR
WASTEWATER SYSTEM(S) OR PORTION(S) THEREOF CONSTRUCTED WITHIN THIS
PLATTED AREA IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN THE
COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE (2004-
31) AS AMENDED, SHALL BE CONVEYED TO THE BOARD AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT UPON
ACCEPTANCE OF THE ADDITIONS, EXTENSIONS AND/OR IMPROVEMENTS
REQUIRED BY THE PLAT.
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4. DEDICATE TO COLLIER COUNTY, ITS FRANCHISEES, AND THE GREATER NAPLES FIRE
DISTRICT:
A) AN ACCESS EASEMENT(A.E.) OVER TRACT "R"FOR THE PURPOSE OF PERMITTING
EMERGENCY AND SERVICE VEHICLES ACCESS TO THE PLATTED AREA, WITHOUT
RESPONSIBILITY FOR MAINTENANCE.
5. DEDICATE A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT (P.U.E.) TO ALL LICENSED
OR FRANCHISED PUBLIC OR PRIVATE UTILITIES AS SHOWN ON THIS PLAT FOR
PUBLIC UTILITY PURPOSES, INCLUDING CONSTRUCTION, INSTALLATION,
MAINTENANCE, AND OPERATION OF THEIR RESPECTIVE FACILITIES, INCLUDING
CABLE TELEVISON SERVICES.
ALL PUBLIC UTILITY EASEMENTS SHALL PROVIDE THAT SUCH EASEMENTS SHALL
ALSO BE EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE,
AND OPERATION OF CABLE TELEVISION SERVICES; PROVIDED, HOWEVER, NO SUCH
CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE
TELEVION SERVICES SHALL INTERFERE WITH THE FACILITIES OF AN ELECTRIC,
TELEPHONE, GAS OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISON
COMPANY DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLELY
RESPONSIBLE FOR THE DAMAGES. THIS SECTION SHALL NOT APPLY TO THOSE
PRIVATE EASEMENTS GRANTED TO OR OBTAINED BY A PARTICULAR ELECTRIC,
TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. SUCH CONSTRUCTION,
INSTALLATION, MAINTENANCE, AND OPERATION SHALL COMPLY WITH THE
NATIONAL ELECTRIC SAFETY CODE AS ADOPTED BY THE FLORIDA PUBLIC SERVICE
COMMISSION
6. DEDICATE TO THE VERONAWALK COMMUNITY DEVELOPMENT DISTRICT:
A) AN ACCESS EASEMENT(A.E.)OVER TRACT"R"FOR ACCESS PURPOSES IN THE
PERFORMANCE OF ITS DUTIES UNDER CHAPTER 190, FLORIDA STATUTES
WITHOUT RESPONSIBILITY FOR MAINTENANCE.
The purpose of this Consent and Joinder and its recordation in the Public Records of Collier County,
Florida is to correct an error in the original Dedications/Reservations on the plat of Winding Cypress
Phase 2C, by obtaining the consent and joinder of Winding Cypress Community Development District, a
local unit of special purpose government, to the Dedications/Reservations on said plat. This instrument
shall relate back to January 11,2016, the date of the recording of said plat.
IN WITNESS WHEREOF, THE UNDERSIGNED OWNER HAS CAUSED THESE PRESENTS TO
BE SIGNED ON THE DATE AND YEAR SET FORTH BELOW.
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Witnesses: WINDING CYPRESS COMMUNITY
DEVELOPMENT DISTRICT, a local unit of special
purpose government
By.
W s Name: Jq;,p° 6ek'Pett__ Scott Brooks
r Its: Chairman
Wi ss Name: 1'(JIf(� olS
4
STATE OF FLORIDA
COUNTY OF LEE \\�
The foregoing instrument was acknowledged before me this 4) day of `A)l , 2016, by Scott
Brooks,as Chairman of Winding Cypress Community Development District,a local unit of special purpose
government. He is personally known to me.
Name: (-- J2/ Y Z f
(type or print)
My Commission Expires: !O —/ —/C/
%Iq = CHRISTINE Fila
t .� ;.: MY COMMISSION#FF 923214
EXPIRES:October 1,2019
4,4410. Bonded Thru Notary Pubic Unden/riterc
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