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Agenda 05/26/2015 Item #17A 5/26/2015 17.A. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in.Recommendation to deny Petition VAC-PL20140001887 to disclaim, renounce and vacate the County and the public interest in a portion of 15th Street as shown on the plat of Eastover,Plat Book 1 Page 97,of the Public Records of Collier County, Florida, located in Section 3, Township 47 South, Range 29 East, Immokalee, Collier County,Florida. OBJECTIVE: To present a request to vacate the County and the public interest in a portion of 15 Street as shown on the plat of Eastover, Plat Book 1 Page 97, of the Public Records of Collier County, Florida, located in Section 3, Township 47 South, Range 29 East, Immokalee, Collier County,Florida, being more specifically shown in Exhibit A. CONSIDERATIONS: Petition VAC-PL20140001887 has been received by the Development Review Division from Steven J. Bracci, Esq., of Steven J. Bracci, P.A., as agent for the property owner. This request is to vacate a portion of 15th Street as shown on the plat of Eastover, Plat Book 1 Page 97, of the Public Records of Collier County, Florida, located in Section 3, Township 47 South,Range 29 East, Immokalee, Collier County, Florida. The portion of 15th Street has never been improved or used as a public road right-of-way, and the vacation of this property,which has never been used as a public road right-of-way, will allow the property to be placed on the tax rolls and revenue derived in the form of property taxes. A cross access easement agreement has been executed by the private entities adjacent to this roadway,to ensure any access to private interests within this area is provided. The hearing was advertised in a local paper of general circulation pursuant to Section 336.10, Florida Statutes and Resolution No. 2013-166, and the adjoining property owners were given notice as well. The Development Review Division has reviewed this petition and recommends denial based on identified potential needs from the Florida Department of Transportation (FDOT). The existing platted right-of-way of 15th Street is being considered in future expansion of State Road 29. With this additional information, Collier County recommends denial of this application. It would be premature to consider vacating this property until the SR29 project has gone through a full vetting and design phase. FISCAL IMPACT: The application fee of$2,100.00 covers staff review and processing. The applicant is also responsible for advertising fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. This item is in conflict with Resolution 13-166, which sets forth the Board's vacation requirements Packet Page-1175- 5/26/2015 17.A. for right-of-way. The parties are currently exploring a resolution of this matter, and are seeking for a continuance to avoid the time and expense of readvertising. Should the matter be heard, further discussion of this issue will be warranted. -JAK RECOMMENDATIQN: That the Board of County Commissioners denies the attached Resolution, relating to Petition VAC-PL20140001887, which will vacate the County and the public interest in a portion of 15th Street as shown on the plat of Eastover, Plat Book 1 Page 97, of the Public Records of Collier County, Florida, located in Section 3, Township 47 South, Range 29 East, Immokalee, Collier County,Florida,being more specifically shown in Exhibit A. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Development Review Division, Growth Management Department. Attachments: 1) Resolution with Exhibits, 2) Private cross-access easement, 3) FDOT 15th Street Vicinity Adjacent to SR 29; and 4)FDOT Concept Map n Packet Page-1176- 5/26/2015 17.A. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to deny Petition VAC-PL20140001887 to disclaim, renounce and vacate the County and the public interest in a portion of 15th Street as shown on the plat of Eastover, Plat Book 1 Page 97, of the Public Records of Collier County, Florida, located in Section 3,Township 47 South, Range 29 East, Immokalee, Collier County, Florida. Meeting Date: 5/26/2015 Prepared By Name: BermanMarcus Title: County Surveyor,Natural Resources 4/16/2015 9:09:48 AM Submitted by Title: County Surveyor,Natural Resources Name: BermanMarcus 4/16/2015 9:09:49 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 4/21/2015 8:19:53 AM Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Natural Resources Date: 4/21/2015 10:44:34 AM Name: McLeanMatthew Title: Project Manager, Principal, Development Review Date:4/24/2015 11:32:39 AM Packet Page -1177- 5/26/2015 17.A. Name: KurtzGerald Title: Project Manager, Principal, Capital Project Planning, Impact Fees and Program Management Date: 4/24/2015 4:41:20 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/15/2015 10:47:10 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 5/18/2015 3:41:30 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/18/2015 4:52:25 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/18/2015 5:27:46 PM Packet Page -1178- 5/26/2015 17.A.I RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND PUBLIC INTEREST IN A PORTION OF THE 15TH STREET RIGHT-OF-WAY AS SHOWN ON THE PLAT OF EASTOVER, PLAT BOOK 1 PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, IMMOKALEE, COLLIER COUNTY, FLORIDA. (PETITION VAC- PL20140001887) WHEREAS, pursuant to Resolution 2013-166, Petitioner, Steven J. Bracci, Esq., of Steven J. Bracci, P.A., has requested the vacation of the County and the Public interest in a portion of the 15`" Street right-of-way as shown on the plat of Eastover, Plat Book 1 Page 97, of the Public Records of Collier County, Florida, located in Section 3,Township 47 South, Range 29 East, Immokalee, Collier County, Florida, being more specifically shown in Exhibit A, attached hereto; and WHEREAS, at its April 14, 2015 regular meeting, the Board of Commissioners, via Resolution No. 2015-68;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 a portion of the 15`f Street right-of-way as shown on the plat of Eastover, Plat Book l Page 97, of the Public Records of Collier County,Florida, located in Section 3, Township 47 South, Range 29 East, Immokalee, 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 Eastover, recorded in Plat Book 1, Page 97. of the public records of Collier County, Florida. [i4-EIS-027961117642311] 1 oft 5-4/15 (.:,..,_---;) Packet Page -1179- 5/26/2015 17.A. This Resolution adopted after motion, second and majority vote favoring same, this the day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk Tim Nance, Chairman Approved as to form and legality: Scott A. Stone Assistant County Attorney Attachments: 1) Location-Site Map, 2) Exhibit A 114-EIS-02796/1176423/11 2 of 2 54115 C:i ? Packet Page -1180- 5/26/2015 17.A.- ovvv i- ,r �®oo 3) I CD 1,R,-?,U 4 ` n • d 7,9Z1 z I oo a -4 tr "� j ui r H • �� i CU Z 0 0- 50' ol `N 7c D In p p m cx,I N z ��./ 321.50 N44 47'50"E H rn mil?, VI vs 0 N ° 15TH STREET .rr /�/� f/,f•. !, i./! f !�: El.�._.. 617,Z -* 2 i 321.50' 544°47.50"W a a 0l 0 aC az -w r D v � / \ z Q O O 1 H m m b 0 n '' 88g 1c b V E k <5 ^(.4 1 n1 z .ti Zl G C� S,, rn (,/, 1 0 '.D W -4- >-^z � �~ czi'o rA*,� 80 ill EN4-i oH O an 2ao--4:-• y�UA:3 •Z KW-y-, �- �-� oU. m mt�r`CN qv 0 2 Pap Cn /i HQ 0 �"j p K �' 0 $mgvo�i�� �'m o'xl� a tas?, pp_ 4 A'1 ni sY 2 a22tl W�j 4s. �m o�ir O H .I Nor op, R,nF)A *'vxr /'1 ° am R oR9 rya Exhibit A Packet Page -1181- "' . 5/26/2015 17.A. • .4,1' 4‘44 I I 4ff U O w Laj tR' U) 4h. O �. ow �1 � o F. 7,4" y 4 r- i c G Ll. W ti 405* d'O _` Of 4 h O 'J4 v d ' aedy u 0, �._—_._.. --i— 1 vsvn,nx ____. z,DN"a• ›` 4E /4 u ar p o Gi'''' 7 <,., 1/- Ms 7. er..e.o4.Luo..N Ito ` / I a V. . yr i n ! _hr- .. u� I i o 1 pp H I z i Q { UQ U L 1 p U a -- _ — .....—T_' �.. — 1 ---4,-- n Packet Page -1182- 5/26/2015 17.A. Prepared by Without Title Examination and After recording return to: Steven J.Bracci.Esq. Steven J.Bracci,PA 9015 Strada Steil Court.Suite 102 Naples,Florida 34109 DECLARATION OF CROSS ACCESS EASEMENT THIS DECLARATION OF CROSS ACCESS EASEMENT is made and entered into this ' day of ,\'‘ , 2015, by OAKES FARMS TOMATO REPACK, LLC, a Florida limited liability company whose address is 7695 Santa Cruz Court, Naples, FL 34109 (herein "Oakes"), and J & J SOUTHERN FARMS, INC., a Florida corporation whose address is 4003 Seminole Pratt Whitney, Loxahatchee, FL 33470(herein "J&J"). RECITALS: A. Oakes is the owner of that certain parcel of land located on the southwest side of Main S.R. 29 in Immokalee, Florida, as more particularly described in Exhibit "A" attached hereto and made a part hereof(the"Oakes Parcel");and B. J&J is the owner of that certain parcel of land located on the southwest side of S.R. 29 in Immokalee, Florida, as more particularly described in Exhibit "B" attached hereto and made a part hereof(the "J&J Parcel;"and together with the Oakes Parcel,the"Parcels"); and C. Oakes and J&J desire to provide joint cross-access for the Oakes Parcel and the J&J Parcel by establishing a perpetual nonexclusive cross easement in favor of the Oakes Parcel and the J&J Parcel for purposes of vehicular and pedestrian access, ingress and egress over and across the parcel described in the attached Exhibit "C" (the"Easement Parcel"). ACCORDINGLY, for and in consideration of the premises, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Grant. Oakes,as owner of the Oakes Parcel, and J&J,as owner of the J&J Parcel, hereby declare,establish, reserve and create for the benefit of the other Parcel a perpetual easement, right, license and privilege of passage and use, both pedestrian, vehicular and otherwise, over, across and upon that portion of the Easement Parcel owned by the granting party. The easement hereby granted shall be perpetual, becoming effective on the date hereof and remaining in full force and effect forever. The easement granted hereby shall be binding upon all parties or persons claiming under Oakes or J&J, as the case may be, and shall run with the respective Parcels forever. Oakes and J&J shall cooperate in relocating or reparking any vehicles as reasonably necessary from time to time to accommodate the other party's vehicular access needs. Oakes and J&J agree that they shall not construct any permanent above- ground improvements in the cross-access easement area. Packet Page -1183- 5/26/2015 17.A. 3. LCEC Easement. Each party grants to Lee County Electric Coop an underground utility easement over and across that portion of the Easement Parcel described in the attached Exhibit "D" (the "LCEC Easement Parcel"). 4. Successors and Assigns. The rights, titles, interests, privileges and reservations herein provided shall inure to the benefit of each party's respective successors and assigns, including without limitation, its respective mortgagees,tenants, licensees, invitees,employees and guests. 5. Reservation of Rights. Each party reserves all rights of ownership in and to its respective Parcel which are not inconsistent with the easement, including, without limitation, the right to grant further easements on, over or across its portion of the Easement Parcel. Each party further reserves the right to use its portion of the Easement Parcel for all uses not interfering with the use permitted hereunder. EXECUTED as of the day and year first written above. Signed and sealed in the presence of: OAKES FARMS TOMATO REPACK, LLC, a Florida limited liability company y: Print Name: -,-h.c-r-•,, -.' • . t< , Francis A. Oakes III, Managing Member i Print Name: ' , , J&J SOUTHERN FARMS,INC.,a Florida corporatio Print Name: leflii L,4;. (, H i;li 11E4_ Chris Erneston I , President f r Print Name: n.t`it ; Packet Page -1184- 5/26/2015 17.A. STATE OF FLORIDA ) )ss: COUNTY OF COLLIER ) Acknowledged, sworn and subscribed to before me this (0 day of ivkLiz,t. , 2015, by FRANCIS A. OAKES III, as Managing Member of QAKES..FARM TOMATO REPACK, LLC, a Florida limited liability company, who is- ersonally known to me-N(r who has produced (type of identification)as iden tiion. N ; STEVEN J BRACCI NOTARY PUBLIC, STATE OF FLORIDA •_ MY COMMISSION#EE113185 ----,**-414.r. EXPIRES July 29,2015 ■t.o�3eaots W„c�NOUrrY!�rvtscom (Print.Type or Stamp Commissioned Name of Notary Public) STATE OF FLORIDA ) )ss: COUNTY OF 12,4 ilL4 61_64,41 ) ,.... Acknowledged, sworn and subscribed to before me this„r.� day of 6 e K i_{•.?1� 4J , 2015, by Chris Erneston III, as President of J & J SOUTHERN FARMS, [NC., a Florida corporation, who is personally known to me or who has produced (type of identification) as identification. 4 4 ',, JOANNE FERRANDINO 11 f ,t" _ii A__ ! '"-' r r �.'� Notary Public-Stan of Florida ■ : ���`', `fG �.`��? ` * +, My Comm.Expiry Feb 1t,2017 F N'QTARY PUBLIC, STATE OF FLORIDA Crw asion• 34450 r -- %A horded ded Through Wood and Wiry Aro. ( •,.�sJ -t,i;t`i'res /`..e IFrcr-. l` J 0 N Cc //3/) (Print,Type or Stamp Commissioned Name of Notary Public) /"••■ Packet Page -1185- 5/26/2015 17.A. EXHIBIT"A" LEGAL DESCRIPTION OF OAKES PARCEL [as described on the following Exhibit A-1 and Exhibit A-2] 1 1 r-N, Packet Page -1186- /-"• P.O.C.7‘...°' NOTES NORTHWEST CORNER CF THE EAST B OF 1. BEARINGS SHOWN HEREON REFER TO THE CENTERLINE THE SOUTHEAST S Cr SECTION 3, OF 15TH STREET OF EASTOVER SUBDIVISION.RECORDED IN �TOWMSHIP 47 SOUTH,RANGE 29 EAST PLAT BOOK 1,PACE 97, O-THE PUBLIC RECORDS COWER ' ,� 0' 80' 160' COUNTY,FLORIDA; BEING S 44.47'50'W. sOi°•\ \ SCALE: r= 160' 2.DIMENSIONS SHOWN HEREON ARE IN UNITED STATES l''��a a\ SURVEY FEET AND DECIMALS THEREOF, O. 6' 1\ LEGAL DESCRIPTION • MAIN STREET EAST(STATE ROAD 29)—--- A PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 3, 6 —- - -—� (100'RIGHT-OF-WAY) —_—-__—_____._ TOWNSHIP 47 SOUTH,RANGE 29 EAST,COLLIER COUNTY,FLORIDA,AND A PORTION 15TH STREET,LOTS 1,2 AND 3,BLOCK 6,OF EASTOVER 545°12'10"E\/P.O.B. 545°12'10"E 41424' SUBDIVISION,AS RECORDED IN PLAT BOOK 1,PACE 97.OF THE PUBLIC -1 T 116.76' -`\ RECORDS COWER COUNTY,FLORIDA;BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: b \. 4,, COMMENCING AT NORTHWEST CORNER OF THE EAST 1/2 OF THE W m SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 47 SOUTH,RANGE 29 Lor 3 u7T 4 N - 3 EAST; THENCE RUN SOUTH 0126'20'EAST ALONG THE WEST LINE OF CLOCK 5 OLOCK 5 i THE EAST S OF THE SOUTH S OF SAID SECTION 30.FOR A DISTANCE -0 w \ C's� o OF 1,251.20 TO A POINT IN THE SOUTHWESTERLY RIGHT-OF-WAY LINE d n w LOT 1510C1-.c; q„ ^ OF MAIN STREET EAST(STATE ROAD 29),ALSO BEING 711E PONT OF Kn �?q, ,, BEGINNING OF THE PARCEL DESCRIBED HEREON; THENCE RUN SOUTH '^ o v 4512'1D-EAST ALONG THE AFOREMENTIONED RIGHT-OF-WAY LINE FOR -o......., I ' Lo A DISTANCE OF 414.24 FEET;THENCE RUN SOUTH 44'47'50"WEST FOR __L J y 5 �___._.__ ',, A DISTANCE OF 430.99 FEET; THENCE RUN NORTH 0110'09"WEST FOR .yam L2 - m A DISTANCE OF 37.41 FEET; THENCE RUN NORTH 62'41'50'WEST ••.41 LOT 5.CLOCK s LOT BLOCK s ., o ° ALONG THE SOUTHERLY LINE OF LOT 3,BLOCK 6, OF THE I-' 1 \ � v AFOREMENTIONED EASTOVER SUBDIVISION FOR 411.15 FEET; THENCE °14 co 1---L-1-- .a '. RUN NORTH 44'47'50'EAST FOR A DISTANCE OF 247.20 FEED THENCE RUN NORTH 45'12'10"WEST FOR A DISTANCE OF 711.86 FEET TO THE W \ _ CENTERLINE OF 15TH STRtt I: THENCE RUN NORTH 44'4750'EAST !d 3 4li p -� ALONG SAID CENTERLINE FOR A DISTANCE OF 281.50 FEET TO A POINT [,�] y�°: F. N �. IN THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF MAIN STREET EAST _OT D 107 9 0,w, C.h LO"3.CLOG,E, eLOCr.s CLOCK s w a w v (STATE ROAD 29); THENCE RUN SOUTH 451210"EAST ALONG SAID �`�'e 1 4N ! RIGHT-OF'-WAY LINE FORA DISTANCE OF 116;76 FEET TO THE POINT _L J ...02°v Al'50"W OF BEGINNING. 15714 sTREET D w N62 (60'RIGHT-OF-WAT) "" MAO. 5.19 ACRES,MORE OR LESS (VACATED IN D 22,PAGE 341) -,- r for 4 1 SIGNED 10-I.2014 LOT 5 I :SI.(.x.'.r.5 - -. 1ME MOLE BLOCK 5 i t 0 5141 7,7,2,3rM 12 10.66 14N210w 1 ----ice ,P5,1#6405 JUAN ARAOUE STATE OF FLORIDA LEGEND /7. UKVEY a.G.B. POINT OF BEGINNING 1 OLUTIONS SKETCH AND LEGAL DESCRIPTION N P.O.C. =PONT OF COMMENCEMENT D.O.a DEED BOOK LAND SURVEYORS AND MAPPERS 837 MAIN STREET EAST N O.R.=OFFICIAL RECORDS BOOK wwwsurveyf)ori ctn.corn IMMOKALEE, COLLIER COUNTY, FLORIDA 7422 MELDIN COURT NAPLES,FLORIbR 34104 Ul PHONE:239-595-7632 , D t fTh kl... , NOTES I.BEARINGS SHOWN HEREON REFER TO THE CENTERUNE OF 15TH STREET OF EASTOVEP.SUBDIVISION,RECORDED IN MAIN STREET EAST(STATE ROAD 29) PLAT BOOK I,PAGE 97,OF THE PUBLIC RECORDS COWER _ (100'RIGHT-OF-WAY) COUNTY,FLORID& BEING S 4447'50'W. N ----_----- 2.DIMENSIONS SHOWN HEREON ARE IN UNITED STATES r__._Y _._..__.....� T. ........-..._.,._.T_.�__.._.___ - SURVEY FEET AND DECIMALS THEREOF. 1 inuemummed C o I LEGAL DESCRIPTION 0' 80' 160' 3 W 4 A PORTION EASTOVER 5U8OW510N.AS RECORDED IN PLAT BOOT(I.PAGE 97, SCALE: i"a 160` o L(71 I LOT 2 0 . . OR THE PUBLIC RECORDS COLLIER COUNTY,FLORIDA; BEING MORE LoT 3 o n +L PARTICULARLY DESCRIBED AS FOLLOWS; 2 751.004 5 WOG.C. MOCK.5 BLOGR 5 W a OT I 3B ry 21001.c COMMENCING AT SOUTHWEST.CORNER OF LOT 14,BLOCK 7.OF EASTOVER 1.771 5 o 4 I SUBDIVISION,AS RECORDED IN PLAT BOOK I.PAGE 97.OF THE PUBLIC BLOCT.4 RECORDS COWER COUNTY,FLORIDA; THENCE RUN NORTH 3879'02'EAST FOR I A DISTANCE OF 197.07 FEET TO INC POINT OF CURVATURE OF A ■ ■ NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING A RADIUS • N OF 2253.43 FEET AND A CENTRAL ANGLE OF 00',}5'06'HAVING A WORD OF C3 329.99' 545°12'10'E N 23..32 FEET BEARING SOUTH 5170'22'EAST; THENCE RUN NORTH 3998'14' .J 545°12'10"E LO7 2 70 -5 1.Cl', O, a rn.ocL,c EAST FOR A DISTANCE OF 210,00 FEET TO THE NORTHWEST CORNER OF LOT O1 1.2, 1 111.86' 9,BLOCK 4, OF THE AFOREMENTIONED EASTOVER SUBDIVISION;ALSO BEING �/i/1 n K..___. ._..____-r_.____-.-1. .,r....,-t .._______.-_._._ THE POINT OF CURVATURE OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE e. .Sr -- 1 ' TO THE SOUTH HAVING A RADIUS OF 2493.43 FEET AND A CENTRAL ANGLE '" ; .. i N 3 OF 333'45'HAVING A CHORD O.L'15801 FEET BEARING SOUTH 4915'00' ,� ' li EAST; THENCE RUN NORTH 42'37'52'EAST FOR A DISTANCE OF 7&50 FEET p LL>T e I E. I LL n N 1LJ'3. i0 THE POINT 06 CURVATURE OF ANON-TANGENTIAL CIRCULAR CURVE S Lore m aLU:r.. 1 t . .0(0 y ' 1..)1 e I Lo,a r 2,i2 Q • BIOCF 6 CONCAVE TO THE SOUTH HAVING A RADIUS OF 2571.93 FEET AND A CENTRAL• 41.0..4 ,' I 1 41.07.+•.7 ry...,C1.5 i 4Lrx;'". ; °'•°.'''',, 0i0< 13 P, ANGLE OF 215'58`HAVING A CHORD OF 101.72 FEET BEARING SOUTH r.^.1 ~ n <°; 46'20'09"EAST; THENCE RUN SOUTH 4012'10'EAST FOR A DISTANCE OF I--■ - ..._...., c L_.__,___..L____.__._L .,i___.__........� v 1 co Li"l' EeT a� ' 429.99 FEET TO THE CENTERLINE OF 15TH STREET THENCE RUN SOUTH 0° g - (9D'1uAL,79227 I _ - 44'47'50'WEST FOR A DISTANCE OF 3E50 FEET:THERM RUN SOUTH Tv (VACATED w n.9.22.rweE 34u 1 4512'10-EAST FOR A DISTANCE OF 111.85 FEET; THENCE RUN SOUTH _.----;... .rn 4 u I 44'4750'WEST FOR A DISTANCE OF 247.20 FEET 1D A PORT ON THE SOUTH w Cl 1 BOUNDARY LINE OF THE AFOREMENTIONED EASTOVER SUBDIVISION; THENCE ° I L,,7 ':Or S 440G1.c, i eLOCr.5 RUN NORTH 6241'50'WEST ALONG SAID SOUTH BOUNDARY LINE FOR A C 0 r. .,' '1'0 T. I ' 4Lt3CF 5 (2.001' I DISTANCE OF 708.65 FEET TO THE POINT OF BEGINNING. _J I p1 13 0l ' A7.'5°°� LINE T•BLL ■510,19 7 m u 6 i ' i ti Mt LENGTH D(AA9tG CONTAINING 5.@2 ACRD,MORE OR LESS 7_ I 1 6g' 11 7956 242.311 I I 708' LI 3410 544Y758"w - i- 1 I O. ' r. 1 CURVE 74142' SIGNED I2-I G-2714 5,j OlIOC LLNCIH RADIUS D.'11A 'C1M 1:M112 0 @4206 21 2137 0243 0'3300' 5132 35120'ZY P.0,9. I G2 :32.03 &9343 3P.3'4.." IrN 54995'PO'E c3 701.72 957;.93 2751}9' 3'7s s492D'w'* .E O/6405 JUAN ARAGUE STATE OF FLORIDA T,, URVE Y OLUTON3 SKETCH AND LEGAL DESCRIPTION CCP LEGEND LAND SURVEYORS AND uAPPERS 106 14TH STREET EA P.O.B.=POINT OF BEGINNING wwwsurv¢yflgridr3.cgm N \\\,......, P.o.e.= POINT OF COMMENCEMENT IMMOKALEE, COLLIER COUNTY, FLORIDA D.B.=DEED BOOK 7422 MELEIN COURT O O.R.=OFFICIAL RECORDS BOOK NAPLES.FLORIDA 34104 f PHONE:239-595-7632 01 J D _ i 5/26/2015 17.A. EXHIBIT"B" LEGAL DESCRIPTION OF J&J PARCEL Lot 4,Block 5,Eastover Subdivision,according to the Plat thereof,as recorded in Plat Book 1,Page 97,of the Public Records of Collier County,Florida. ALSO the Northwesterly one-half of that portion of 15th Street adjoining said Lot 4, as said 15th Street is shown on the plat recorded in Plat Book 1,Page 97,Public Records of Collier County,Florida;being more particularly described as: Beginning at the northeast corner of Lot 4, Block 5 of Eastover Subdivision,as recorded in Plat Book 1,Page 97, of the Public Records of Collier County, Florida; thence run South 45°12'10" East along the South Right-of-Way line of Main Street East (State Road 29) for a distance of 30 feet to the centerline of said 15th Street; thence run South 44°47'50" West along the aforementioned centerline of 15th Street for a distance of 243.00 feet;thence run North 45°12'10"West for a distance of 30 feet to the Westerly right-of-way of said 15th Street; thence run North 44°47'50" East along said right-of-way line for a distance of 243.00 feet to the point of beginning. Packet Page-1189- 5/26/2015 17.A. EXHIBIT"C" LEGAL DESCRIPTION OF EASEMENT PARCEL [Immediately Follows] Packet Page -1190- 1 LWE TABLE LINE irNCiN BEARING MAIN STREET EAST(STATE ROAD 29) LI 60.00 N45'12'I0'W \ (100' RIGHT-OF-WAY) L2 6000 s45-12101 — — — L3 40.8a 544'47'50"W 1.4 19.38 N4512'10'w R LS 67.70 S 4'47'00'W 5.1 L2 P.O.B. 6 19.38 _ Sa2'10'E — 0' 50' 100' s.\\ w'1 SCALE: 1°B 100' \,`�� '1 NOTES w L4 1.BEARINGS MOWN HEREON REFER TO THE CENTERLINE OF 15TH STREET OF EASTOVER SUBDIVISION,RECORDED IN PLAT BOOK 1,PAGE 97,OF THE 1-Lo t;‘, j PUBLIC RECORDS COLLIER COUNTY, FLORIDA; BEING S 44'47'50" W. \\ 2.DIMENSIONS SHOWN HEREON ARE IN MN1TED STATES SURVEY FEET AND LOT 2 LOT 3 LOT 4 °v L6 DECIMALS THEREOF, BLOCK 5 BLOCK 5 BLOCK 5 z ;, \\ LOT I, BLOCK G 3 LEGAL DESCRIPTION v O . O N A PORTION OE 15TH STREET OF EASTOVER SUBDVSION,AS RECORDED IN PLAT BOOK v rt I O \ •0 1.PAGE 97.OF NE PUBLIC RECORDS COLLIER COUNTY,FLORIDA; BEING MORE pc I' \` 1 , PARTICULARLY DESCRIBED AS FOLLOWS;. �, ` •. BEGINNING AT THE NORTHWEST CORNER OF LOT 1.BLOCK 6 OF EASTOVER y r f \ �� SUBDIVISION,AS RECORDED IN PLAT BOOK 1,PAGE 97,OF PUBLIC RECORDS COLL/ER it i �� CWN1Y,FLORIDA; THENCE RUN SOUTH 4447'50°N£51 ALONG THE EASTERLY ' -- RIGHT-OF-WAY LINE OF 15TH STREET FOR A DISTANCE OF 48.68 FEET; THENCE RUN ,^y IL LI NORTH 4592'104'WEST FOR A DISTANCE OF 19..38 FEET; THENCE RUN SOUTH 1-4 4447'50"BEST FOR A DISTANCE OF 67.70 FEET; THENCE RUN SOUTH 4592'10" LOT 5. BLOCK 5 LOT 2, BLOCK 6 EAST TOT A DISTANCE OF 19.38 FEET; THENCE RUN SOUTH 444750'VEST FOR A DISTANCE OF 126.62 FEET; THENCE RUN NORTH 45124104' r WEST FOR A DISTANCE OF i�_ 80.00 FEET TO THE WESTERLY RICHT-OF-WAY LINE OF SAID 15TH STREET; THENCE _ RUN NORTH 44'47'50'EAST ALONG THE AFOREMENTIONED RIGHT-OF-WAY LINE FOR A 1 .t N � DISTANCE OF 243.00 FEET TO A POINT IN THE SOUTH RIGHT-OF-WAY LINE OF MAIN W 3 m 1 STREET EAST(STATE ROAD 291; THENCE RUN SOUTH 4592'10'EAST ALONG SAID W a a ! RIGHT-OF-WAY UNE FOR A DISTANCE Of 60.00 FEET TO THE POINT OF BEGINNING m LOT 7 LOT 8 LOT 9 OZ 0 H w CONTAINING 13,268 SQUARE FEET, MORE OR LESS, BLOCK 5 BLOCK 5 BLOCK 5 S o 1u w, a0 LOT 3, BLOCK G :(2 9GNED )2.1G-2014 ,PSM/6405 AJAN ARAOUE STATE OF FLORIDA LEGEND 4,�C..IRVI Y CROSS—ACCESS EASEMENT P.0,8. r POINT OF BEGINNING °LOTIONS OVER THE VACATED PORTION OF c,1T P.O.C.=POINT OF COMMENCEMENT N O.R.=Oq A ROOK CORDS BOOK LAND SURVEYORS AND MAPPERS 15TH STREET N 01 =CROSS-ACCESS EASEMENT www.surveyfleridn.com EASTOVER SUBDIVISION 0 01 7422 MELE)rN COURT NAPLES,FLORIDA 34104 IMMOKALEE, COLLIER COUNTY, FLORIDA ) PHONE:239-"395-7632 D 5/26/2015 17.A. EXIIIBIT"D" LEGAL DESCRIPTION OF LCEC EASEMENT PARCEL [Immediately Follows] Packet Page -1192- /7.-- UNE TABLE. LINE LENGTH BEARING \7 U 10.00 SM'4T30"W MAIN STREET EAST (STATE ROAD 29) L2 moo x4371'10 w ( ) L3 I 10.00 Po N14yr3O-E (100'RIGHT-OF-WAY) 14 1 50.00 54572'10' —. — — 'N g ....e L4 `P,O.B. 1..,_•,:...�.» 0' 50' 100' 112 "1 SCALE: t"a IOW NOTES e 1..BEARINGS SHOWN HEREON REFER TO THE CENTERLINE OF 15TH STREET 3 OF EASTOVER SUBDIVISION,RECORDED IN PLAT BOOK 1,PACE 97.OF THE PUBLIC RECORDS COLLIER COUNTY,FLORIDA;BONG S 44.47'50'W. LOT 2 LOT 3 LOT 4 LU ti BLOCK 5 BLOCK.5 BLOCK 5 F Q LOT I. BLOCK G 2.DIMENSIONS SHOWN HERE%ARE IN UNTIED STATES SURVEY FEET AND DECIMALS THEREOF. Z m P 4 LEGAL DESCRIPTION n A PORTION OF 10711 STREET OF EASTOVER SUBDIVISION.AS RECORDED IN R,+ ■O PLAT BOOK 1,PACE 97,OF THE PUBLIC RECORDS COLLIER COUNTY, 7.--... I v FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: t ( _�_...___. j BEGINNING AT THE NORTHWEST CORNER OF LOT I,BLOCK 6 OF EASTOVER I -- — SUBDIVISION,AS RECORDED IN PLAT 900K 1,PAGE 97,OF PUBLIC RECORDS ' COLLIER COUNTY,FLORIDA THENCE RUN SOUTH 44'47'50'WEST ALONG THE '"' I EASTERLY RIGHT-OF-WAY LINE OF 15TH STREET FOR A DISTANCE OF 10.00 VD LOT 5,BLOCK 5 I - LOT 2, BLOCK G FEET; THENCE RUN NORTH 4572'10"WEST FOR A DISTANCE OF 60.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID MN STREET; THENCE RUN € NORTH 44'47'50"EAST ALONG THE AFOREMENTIONED RICH?-OF-WAY LINE •.-._.._._....—__..__._.....,._,-.-_._......___.__.__......a....-. ' FOR A DISTANCE OF 10.00 FEET TO A PONT IN THE SOUTH RIGHT-0,-WAY I ?N __.,._...____.._...�__, LINE OF MAIN STREET EAST(STATE ROAD 29); THENCE RUN SOUTH . I 4517'10'EAST ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE 01'60.00 I"�+°° FEET TO THE PONT OF BEGINNNG. W LID^ L.O T 7 LOT d LOT 9 0 0 Z m CONTAINING 600 SOUARE FEET,MORE OR LESS. BLOCK 5 BLOCK 5 BLOCK 5 012-"LU 2O4 LOT 3,BLOCK,G SIGNED I2-16-2014 ���'�///��. .PSM/6405 I T� JUAN ARAOUE STATE OF FLORIDA LEGEND / �r,OL 'ION G LEE COUNTY ELECTRIC COOPERATIVE P.O.C. PANT OF COMMENCEMENT 10' WIDE EASEMENT (i j D.B. =DEED BOOK LAND SURVEYORS AND MAPPERS CD O.R.=OfFIDAL RECORDS BOOK RE -L:C.E.C.EASEMENT www.surveyfiorida.com EASTOVER SUBDIVISION N 7422 MELDIN LOUR' IMMOKALEE, COLLIER COUNTY, FLORIDA NAPLES,FLORIDA 595- 34104 ( O PHONE,239-595-7632 J// > /'S. - 5/26/2015 17.A. NAPLES DAILY NEWS (( Wednesday, May 6,2015 (( 27D ... .... , ucianoes to me r0 NOTICE'OF MEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, May 26, 2015, 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: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND PUBLIC INTEREST IN A PORTION OF THE 15TH STREET RIGHT-OF-WAY AS SHOWN ON THE PLAT OF EASTOVER,PLAT BOOK 1 PAGE 97,OF THE PUBLIC RECORDS OF COLLIER COUNTY, LOCATED 29 EAST,MMOKALEE,COLLIER COUNTY,FLORIDA.ORIDA. VAC P2 140001857) 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: Al! persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be ad8ressed. 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. 1 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 TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL) JVlav 6.11.J No. 5 • ,rte Packet Page-1194- 5/26/2015 17.A. • I 22D Wednesday, May 13, 2015 )) NAPLES DAILY HEWS NOTICE OF MEETING' . NOTICE OF MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, May 26, 2015, 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: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND PUBLIC INTEREST IN A PORTION OF THE 15TH STREET RIGHT-OF-WAY AS SHOWN ON THE PLAT OF EASTOVER, PLAT BOOK 1 PAGE 97,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST,IMMOKALEE,COLLIER COUNTY,FLORIDA.(PETITION VAC-PL20140001887) 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 41101, Naples, FL 34112-5356, 1239) 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 TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL) All ay 6 R.17 7n1c NO mcAc 1, Packet Page-1195- ;z; f 1- — _, SA Trust -. - •, .. a . - Sgminole Property w' ,�,,. };y,.+-.r.x t .,''r ,,...7,--',-, ' f. w"k yN '' �S'""' r . "1 y .w r' 0 5r�'. ` ' a 4',!'...' guy.. r �L;el'''.., q M - ✓trr `1'' - Feet ix 11; a r� ar ` Ap': —". 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