Loading...
Agenda 10/26/2010 Item #17AAgenda Item No. 17A October 26, 2010 Page 1 of 28 EXECUTIVE SUMMARY Recommendation to approve Petition VAC- PL2010 -1116, to disclaim, renounce and vacate the County and the Public interest in two 7.5 -foot wide drainage easements and in two 5 -foot wide landscape buffer easements over Lot 2 and Lot 3, White Lake Corporate Park, according to the Plat thereof as recorded in Plat Book 31, Pages 26 through 28, of the Public Records of Collier County, Florida, situated in Section 35, Township 49 South, Range 26 East, Collier County, Florida, the easements to be vacated are more specifically depicted and described in Exhibit "A ", and accept the replacement drainage easement depicted and described on Exhibit "B ". OBJECTIVE: To adopt a resolution vacating the County and the Public interest in two 7.5 -foot wide drainage easements and in two 5 -foot wide landscape buffer easements over Lot 2 and Lot 3, White Lake Corporate Park, according to the Plat thereof as recorded in Plat Book 31, Pages 26 through 28, of the Public Records of Collier County, Florida, situated in Section 35, Township 49 South, Range 26 East, Collier County, Florida, the easements to be vacated are more specifically depicted and described in Exhibit "A ", and accept the replacement drainage easement depicted and described on Exhibit "B ". CONSIDERATIONS: Petition VAC-PI-2010-1116, has been received by the Engineering Services, Growth Management Division, Planning and Regulation from Gavin Gillette of Davidson Engineering, Inc as agent for Canberra Investments LLC. Canberra Investments LLC plans to utilize both Lot 2 and Lot 3 of White Lake Corporate Park, for the construction of a building that will straddle the common lot line. To achieve this outcome both the drainage and landscape easements along the common line between lot 2 and 3 must be vacated. All abutting property owners have responded with letters of no objection or in the case an adjoining owner did not respond, proof of delivery of the request for a letter of no objection has been submitted. White Lakes Commons Association has also produced a letter of no objection. Given the nature of the drainage and landscape buffer easements, no utilities companies or emergency services such as the Collier Sheriff or Fire and Rescue have been notified. All required documentation as required by Collier County Resolution 2006 -160, Attachment "B ", Policy and Procedure for the vacation and annulment of plats or portions of plats of subdivided land, has been submitted, therefore county staff recommends approval. FISCAL IMPACT: Growth- Management Division, Planning and Regulation staff has collected a $2,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Agenda Item No. 17A October 26, 2010 Page 2 of 28 ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this item for legal sufficiency. This item is ready for Board consideration and approval. (STW) RECOMMENDATIONS: Adopt a resolution vacating the County and the Public interest in two 7.5 -foot wide drainage easements and in two 5 -foot wide landscape buffer easements over Lot 2 and Lot 3, White Lake Corporate Park, according to the Plat thereof as recorded in Plat Book 31, Pages 26 through 28, of the Public Records of Collier County, Florida, situated in Section 35, Township 49 South, Range 26 East, Collier County, Florida, the easements to be vacated are more specifically depicted and described in Exhibit "A ", and accept the replacement drainage easement depicted and described on Exhibit "B ". Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a certified copy of the Resolution in the Public Records, and to make proper notation of this vacation on the recorded plat as referenced above. PREPARED BY: Stephen A. Higgins P.S.M., County Land Surveyor Land Development Services, Growth Management Division, Planning and Regulation Attachments: 1) Location Map 2) White Lake Commons Association Letter of no Objection 3) Exhibit 'A' (Vacation easements) 4) Exhibit 'B' (Replacement drainage easement with grant) 5) Resolution aC) N r 0 «- N O j C'M JN CD -0 CL O U CO N a7 Q Z w O t- a F5 U O �d a a / i 5 k' � u U � R y O n D: O W BRENN AN DRIVE c + W � O m m 3 R U< n 7TiT2t- a U m W� n� i Qy 31vp5 m lON / 7 �P �ry w JW 6 U W 3 V o En U O R o ry "e A Su m 0 a R k' � u U � R y O n D: O W BRENN AN DRIVE c + W � O m m 3 R U< n 7TiT2t- a U m W� n� i Qy 31vp5 m lON / 7 �P �ry w JW 6 U W 3 V o En U O W v / I..L Q G z O U O O O O N J a U Q "e "e Z W O i n Ae np O U - a B_ O Wye do � AT odp i8�J LLR� S� �� OatlnalnOB a3lllOp lS6'a_p 'Onla aal llOJ 456 ti � � °� g W R�` �s�b �" .v.�l�isva Yd� 7xt b+', f < tl ms n W ry aooaenoovs o �p N_ $R da � 3N m ` W f�'15 %�sH _ 2' S. ry w ti < W i aarnalnoe W v / I..L Q G z O U O O O O N J a U Q Agenda Item No. 17A October 26, 2010 Page 4 of 28 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17A 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 approve Petition VAC-PI-2010-1116, to disclaim, renounce and vacate the County and the Public interest in two 7.5 -foot wide drainage easements and in two 5 -foot wide landscape buffer easements over Lot 2 and Lot 3, White Lake Corporate Park, according to the Plat thereof as recorded in Plat Book 31, Pages 26 through 28, of the Public Records of Collier County, Florida, situated in Section 35, Township 49 South, Range 26 East, Collier County, Florida, the easements to be vacated are more specifically depicted and described in Exhibit A, and accept the replacement drainage easement depicted and described on Exhibit B. Meeting Date: 10/26/2010 9:00:00 AM Prepared By Stephen Higgins County Surveyor Date Community Development & Environmental Services Engineering & Environmental Services 9/2312010 1:18:36 PM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 9127/2010 1:36 PM Approved By Nick Casalanguida Director- Transportation Planning Date Transportation Division Transportation Planning 9/27/2010 2:40 PM Approved By Michael Greene Project Manager Date Transportation Engineering & Transportation Services Construction Management 9/27/2010 4:39 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services 10/112010 11:53 AM Approved By William D. Lorenz, Jr., P.E. Director- CDES Engineering Services Date Community Development & Environmental Services Engineering & Environmental Services 10/4/2010 11:09 AM Approved By Steven Williams Assistant County Attorney Date County Attorney County Attorney 10/12/2010 9:30 AM Agenda Item No. 17A October 26, 2010 Page 5 of 28 Approved By Gerald Kurtz Project Manager, Principal Date Transportation Division Transportation Road Maintenance 10/1212010 11:40 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 10114/2010 12:09 PM Approved By Therese Stanley Manager - Operations Support - Trans Date Office of Management & Budget Office of Management & Budget 10/1612010 12:35 PM Approved By Leo E. Ochs, Jr. County Managers Office County Manager County Managers Office Date 10/16/2010 3:35 PM QOOD I. -N {N O ZN N �0 o @ U c0 t� Q � 8 w I N N Is. U 3 30. �° N O O a[ ° v o y o0�.1 d d-+ 0 0 22 2Y CQ a -h z z z z�� ; IO r I Q W ; O Wibl•'i � � m�a Qh O O H � � M Gi > IL I2 i as � s zz t ILI Z z Vie`' O '^ O u ti W o� ---- I----- - - - -TJ -------- - - - - -� h Z o 1 O �� 1 / I i � I � I � I I N I 1 IoW 1 I w W m;r 8p i L4 1 hw zt t.- t -. 9tT61 ----- _---- -g.8S,91.A0N--- - - - --J. --- '7�-1-- J---- --- --- ------ as. -- -- --- �1 ----- --------- -- ------ ---- -I - W h r— 1 m' N m I W mF 'EQ � �Wu jomu�� 09 I `Wd Ob I[Z OIOU&9'I -P^W %-P 1-"g-OIOZ\ -W] - I!4MVSNOJ\OMU*TNCrVJV\4Z w I N N Is. U 3 30. �° N O O a[ ° v o y o0�.1 d d-+ 0 0 0 C CQ a -h z z z z�� ; IO r I Q W ; rte./ I Qh O O H W�� O O '^ O u ti W o� ---- I----- - - - -TJ -------- - - - - -� h Z o 1 O �� 1 / I i � I � I � I I N I 1 IoW 1 I w W m;r 8p i L4 1 hw zt t.- t -. 9tT61 ----- _---- -g.8S,91.A0N--- - - - --J. --- '7�-1-- J---- --- --- ------ as. -- -- --- �1 ----- --------- -- ------ ---- -I - W h r— 1 m' N m I W mF 'EQ � �Wu jomu�� 09 I `Wd Ob I[Z OIOU&9'I -P^W %-P 1-"g-OIOZ\ -W] - I!4MVSNOJ\OMU*TNCrVJV\4Z --- '7�-1-- J---- --- --- ------ as. -- -- --- �1 ----- --------- -- ------ ---- -I - W h r— 1 m' N m I W mF 'EQ � �Wu jomu�� 09 I `Wd Ob I[Z OIOU&9'I -P^W %-P 1-"g-OIOZ\ -W] - I!4MVSNOJ\OMU*TNCrVJV\4Z 09 I `Wd Ob I[Z OIOU&9'I -P^W %-P 1-"g-OIOZ\ -W] - I!4MVSNOJ\OMU*TNCrVJV\4Z ti - N �N O CM J N -0 CL � 0 U N0 Q I a � 'OWN U j�µ^ 2�N � W � a� a N Q IQQ,— v �o 2 m3CL 1 V � OC9N 65 m m °n me4U � � m0` 2 yVJI� OZU_ 0e i OU LL W I m I I I N I I I > W ! m I m I W °z $o I J I w — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ^ i x c -� - -- ------------------------ - - - -�- l1'l6L 3 9£91.AD N I of y° I I I --I o g h J S ! m M I I � I I I ti I f ° I ! J I I I I I I I I I I I I I I I I I �zflo �wws DJti2 K;I'Wd9E W-MUSNOJ \A QO00 tirN r O4— N O 2,600 G ` cD O V W'aW ,V ih Qa" W n C 4 p II 4,L.', �4 4 o Cl WjIIo_ wig w� ¢ w ti OWU N p•�O O O o Q moq 1�2;, E�� OCti� m2O� '02'� 2 nn2 02 OW^ rt �hl, N CN x O z U Q ` J �U tV �o N w . N� Vi � I I w I = I i & I H ( N I O I .l . aa W 6£ W � I � � W� I N• m a I rog .. �8 2 OF'f9L 3 .9S,9Y.00 N J 3.9.£91.00 N 7t-�— ----- --- --- ---- ----- -- 17-71.71-71F — — — — — — — — — — — — — — — — � zi v MM vi gsl 09 I'Wd 69:fiZ Oia&W'PP- W'g- PZiOS-010n- PI'MgAiaSNOJ\�.l ® \ / b 2 e R § § § k \ � k�!S) / O / \�bis % / \ §21, §2 ■& � ©{\ k §\ k \� m� m % �I � \ _\ /R$k I �A � }/f uj to / cu / ) \§ ik \�$ \7\ k § k \\ k §§ ) §� � \\ (\\ (§� m � ul ■■a2r |wA#§ *_ =m__._am107.4n.__cQvA Agenda Item No. 17A October 26, 2010 Page 10 of 28 This instrument prepared without benefit of title examination or title opinion by: MICHAEL J. VOLPE, ESQUIRE ROBINS, KAPLAN, MILLER & CIRESI, L.L.P. 711 Fifth Avenue South, Suite 201 Naples, Florida 34102 DRAINAGE EASEMENT THIS EASEMENT, made and entered into this 21-'r day of May , 2010, by CANBERRA INVESTMENTS, LLC, a Florida Limited Liability Company, as GRANTOR, whose address is 3565 Plover Avenue, Naples, Florida 34117 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, as GRANTEE (Whenever used herein, the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns). WITNES SETH: WHEREAS, Grantor is seized in fee simple and in possession of Lots 2 and 3, White Lake Corporate Park, according to the Plat thereof, as recorded in Plat Book 31, Page 26 through 28 of the Public Records of Collier County, Florida, and WHEREAS, as an incident to the approval of the Plat, the sub- divider dedicated the roadways and easements depicted on the Plat to the perpetual use of the public for the indicated purpose thereof, and 65234235.1 EX "4PPtr 1 0 f: (,a Agenda Item No. 17A October 26, 2010 Page 11 of 28 WHEREAS, pursuant to the dedications set forth on the Plat, the public has the perpetual right to use for drainage purposes, a fifteen (15) foot strip of land which bisects Lots 2 and 3, as depicted on Exhibit "A' attached hereto and made a part hereof; and WHEREAS, Grantee has determined the public will not now nor in the future use the existing said fifteen (15) foot strip of land for drainage purposes if the public is granted a substitute fifteen (15) foot strip of land for drainage purposes; and WHEREAS, Grantor desires to obtain the Grantee's consent to the vacation of the existing fifteen (15) foot strip of land for drainage purposes; and WHEREAS, Grantee has no objection to the vacation of the public's right to use the existing fifteen (15) foot strip of land for drainage purposes provided Grantor grants Grantee a drainage easement over the fifteen (15) foot strip of land depicted on Exhibit `B" attached hereto and made a part hereof; and WHEREAS, the Grantor is agreeable to the proviso imposed by Grantee as a condition to its consent to vacate the public's right to use the existing fifteen (15) foot strip of land for drainage purposes; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 65234235.1 L o% C- herein. Agenda Item No. 17A October 26, 2010 Page 12 of 28 1. The above recitals are true and correct and by this reference are incorporated 2. Grantor hereby conveys, grants, bargains and sells to the Grantee, a non- exclusive easement, license and privilege to enter upon, and install, but without any responsibility for maintenance, drainage facilities below ground on the following described lands located in Collier County, Florida, to wit: Fifteen (15') foot drainage easement depicted on Exhibit `B' attached hereto and made a part hereof. 3. The Grantor reserves the right and privilege to use the above - described land for any and all other purposes except as would interfere with the Grantee's use, occupation or enjoyment thereof. 4. Grantee shall not unreasonably interfere at any time with the rights of Grantor, or any other party requiring access to any of the property over which said easement is granted. 5. The easement granted herein shall constitute an easement running with the land and shall burden the land described above. Y, (A 1617 65234235.1 Agenda Item No. 17A October 26, 2010 Page 13 of 28 6. Subject to the foregoing, Grantee hereby consents to the vacation of the existing fifteen (15) foot strip of land Iying between Lots 2 and 3 of the White Lake Corporate Park subdivision for drainage purposes, as depicted on Exhibit "A" attached hereto and made a part hereof. IN WITNESS WHEREOF, the Grantor and Grantee have caused these presents to be executed the date and year first above written. Signed, sealed and delivered CANB,LdRRA PIVESYMENTS , LLC in then e of: a L'' L' 3 lity �, Witness #I By: PEAR RADNO T Its: Manager T�J'lyped nr ae m Witn ss #2 Typed or printed name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Witness #1 By: As: Typed or printed name Witness #2 Typed or printed name 65234235.1 x(�tF31T 4 of Agenda Item No. 17A October 26, 2010 Page 14 of 28 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 21 day of N �� 2010, by PETER RADNO, as Manager of CANBERRA INVESTMENTS, LLC, a F16rida Limited Liability Company, and who produced (type of identification) as identification and who did (did not) take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the person (s) executing this instrument was personally known to me. If the words in the par+snthetical "did not" are not circled, then the person(s) executing this instrument did take an My Commission Expires: Signature - F°'" " TERRI POLI MY COMMISSION k DD61491 (Type or print name of Notary) Syr � EVWM: November 14, 2010 ° W3�NOiARY �% FI DbmwAaea.co. 06 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of 2010, by , as of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, and who produced (type of identification) as identification and who did (did not) take an oath NOTE: If a type of identification is not inserted in the blank provided, then the person (s) executing this instrument was personally known to me. If the words in the parenthetical "did not' are not circled, then the person(s) executing this instrument did take an oath. My Commission Expires: Signature (Type or print name of Notary) 65134235.1 Sy, 4ta.r 8` 5 of L � co t � 0 )LO J � C Co U CO U Q 't- CO U oWO It O U ON >a ON �3 z 9W �Wyy`{�{yy,��4h�� W v�• r 19 W � oh 6 .�n�g�� a � ; �mti z � iii ri o•" o h� CL g ,'-• `tix ;t, �:vgN�,$3° iv i'.. O �c o °u o 2'�e �a3 i �KYi It qgoc `c �a N 7�x8av°;�Na �R _ 4 •! �c� �O Or�M. � ,^��(•Wi 1h�,��pp v~i ,Q $p ` �< IVi gy? �•� tppggX"..2 I:eU� R:oQ ~aa It W H I pW�j r" i-�a tn?� ptp �me� c��$m �S6�gW�,� o�'��� o2b om� Z, w i p : h x Yc'ic� (14 .c. �, m�li'm a`i� � 2H u �W� =a OOW -o., 02U mN ��a2m2a��pp' K w W 5504' oro s ooljrsr £ L! W oy' w eN� I Imo rn Z [v W W 3 J 22 Q U N W�000$ J - m a- - — — — — — — — - -- --------- - - - - -- Hill x I I BcuyWm��y mus �cJti OY I 'Wd I t 24� 10[07J&6'ppop'Brp.w[ Ib IOAmIrI °w'U1�LSNOOh:X Agenda Item No. 17A October 26, 2010 Page 16 of 28 This instrument prepared by: MICHAEL J. VOLPE, ESQUIRE ROBINS, KAPLAN, MILLER & CIRESI LLP 711 Fifth Avenue South, Suite 201 Naples, Florida 34102 SUBORDINATION, CONSENT AND JOINDER THE SUBORDINATION, CONSENT AND JOINDER given this 0-1 day of %Y%I¢ 2010, by THE ROYAL PALM BANK OF FLORIDA, (hereinafter referred to as "Mortgagee "), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns (hereinafter referred to as "County "). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage dated August 12, 2008, recorded on August 13, 2008, in O.R. Book 4385, Pages 3901 et seq., inclusive of the Public Records of Collier County, Florida, as (hereinafter "Mortgage "), encumbering the premises legally described therein (hereinafter referred to as "Encumbered Property"), WHEREAS, the fee simple owner of the Encumbered Property has requested the County to vacate the public's perpetual right to use for drainage purposes the existing fifteen (15') foot 65234237.1 Agenda Item No. 17A October 26, 2010 Page 17 of 28 strip of land located on the Encumbered Property that is depicted on Exhibit "A" attached hereto and made a par thereof; and WHEREAS, the County has no objection to the vacation of the existing fifteen (15') foot strip of land provided the fee simple owner grants the County a Drainage Easement over the fifteen (15') foot strip of land which is depicted on Exhibit `B" attached hereto and made a part hereof; and WHEREAS, the fee simple owner of the Encumbered Property has granted the County a non - exclusive easement for drainage purposes over and across the potion of the Encumbered Property depicted on Exhibit `B" attached hereto and made a part hereof. (hereinafter referred to as the "Easement Property"); NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in the drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under and across the Easement Property or the drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. 65234237.1 Agenda Item No. 17A October 26, 2010 Page 18 of 28 IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered In our presence as witnesses: !.1 '► . low STATE OF FLORIDA COUNTY OF COLLIER THE ROYAL PALM BANK OF FLORIDA By I�; SeHlor �ce �r`t�rG�Gti� The foregoing Subordination, Consent and Joinder was - ac knowled ed before me this dxa of Q 2010, by � �d �. FA&Eee,f- as c 't1-cs►�r:�fio THE ROYAL PALM BANK OF FLORIDA, who executed said Drainage Facilities Subordination, Consent and Joinder freely and voluntarily for the uses and purposes therein express, and who is personally known to me or has produced a (driver's license/photo identification) as identification and (did/did not) take an oath. Notary Public Stale of FWde J0 jo P4, a4 Jacqueline Benvenuto My commission DD566511 NO blic l (SEAL) a n Expires 06!2112010 2aA Lc.Q.J 1 nj m7j Qg g fie? t•� c� Printed Name My Commission Expires: L4.91 Pol D My Commission Number is: 65234237.1 MOW I i I N --���� 12 Nat It :4 hl �! i tV I � .. � lip 11 1 w ss- I O o rn z CL m N� ■s i ' ^ -- �'a W �j Z—i E— Ana ■� ibLf._ -ci Z �yy� ®r CD q id CL W �o White Lakes Commons Association C/o Compass Group Property Management 3701 North Tamiami Trail Naples, Ff. 34102 239.593.1233 August 2, 2010 Gavin J. Gillette Project Manager Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Naples, FL 34105 Phone 239.434.6060 Fax 239.434.6084 Dear Mr. Gillette, Agenda Item No. 17A October 26, 2010 Page 20 of 28 VAC- PL2010 -1116 REV:2 GCS II DATE: 8/27/10 DUE: 9/13/10 This letter is to advise you that the association has no objection to the vacation of the existing landscape buffer and drainage easement and the location of the new drainage easement as described in the documents provided regarding the Gold Coast Salad li project. Please contact me if I can be of further assistance. Sincerely, —wwg r Bob Delaney — CAM Agenda Item No. 17A October 26, 2010 Page 21 of 28 ATTORNEY'S AFFIDAVIT BEFORE ME, the undersigned authority, personally on this 24th day of May, 2010, appeared MICHAEL J. VOLPE, who to me is well known, and having been sworn and under oath, deposes and states: 1. My name is MICHAEL J. VOLPE. I am over the age of twenty -one (21) years, and otherwise sui juris, and have personal knowledge of the facts contained herein. 2. I am a licensed attorney, Florida Bar Number 265705, authorized to practice in the State of Florida. My business address is: 711 Fifth Avenue South, Suite 201, Naples, Collier County, Florida 34102. My business telephone number is: (239) 430 -7070. My business mailing address is: 711 Fifth Avenue South, Suite 201, Naples, Florida 34102. 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, to accept the grant of a Drainage Easement on, over and across real property described in the attached Exhibit "A ", which is incorporated herein by reference, said land being located in Collier County, Florida. 4. The Affiant has examined record title information to the real property referenced in this affidavit through May 4, 2010, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 5. The record owner of the real property described herein is CANBERRA INVESTMENTS, LLC, a Florida Limited Liability Company, (hereinafter referred to as "Owner "). The Owner acquired record title to the subject real property by separate Deeds recorded in the Public Records of Collier County, Florida. Copies of these Deeds, together with the recording information for each of these Deeds are attached hereto as Composite Exhibit "B ". 6. The Owner is organized, existing and in good standing under the laws of the State of Florida. PETER R.ADNO, is the Manager thereof, and has full power and authority to execute documents on behalf of said Company. 65234238.1 Agenda Item No. 17A October 26, 2010 Page 22 of 28 7. The subject real property currently is encumbered by the lien of a mortgage given by Owner to The Royal Palm Bank of Florida. Said Mortgage was recorded in O.R. Book 4385, Pages 3901 et seq., of the Public Records of Collier County, Florida. 8. Affiant further states that the information contained in this Affidavit is, to the best of his knowledge, true, correct and current as of the date this Affidavit of Title is given, except as otherwise provided herein. Witnesses: Aylre, �4r %L W oa..laa att_ Print Name of Witness #1 !Oh Print Name of Witness #2 STATE OF FLORIDA COUNTY OF COLLIER MICHAEL J. V L E, Esquire Florida Bar Numbe . 265705 SUBSCRIBED AND SWORN to before me this 24th day of May, 2010, by MICHAEL J. VOLPE, who is personally known to me. �OtP0.Y P6a FBI 0MA G. WRDM „ * My COMdS O t DD 848995 EXPIRES: February 21, 2019 '���,�� eadednrullud�tNo�ry� (SEAL) This instrument prepared by: MICHAEL J. VOLPE, ESQUIRE ROBINS, KAPLAN, MILLER & CIRESI, L.L.P. 711 Fifth Avenue South, Suite 201 Naples, Florida 34102 65234238.1 0 1 Name: Notary Public My Commission Expires: Property Appraiser's Parcel Identification No. 817900002345 This instrument was prepared without opinion of title by Lisa H. Barnett. Esq. Cbctfy Passidomo Wilson tit Johnson, LLP 821 Fifth Avenue South Naples. Florida 34102 (239) 261-9300 -- - Agenda Item No. 17A October 26, 2010 4199855 OR: 4385 PG: 3900P #Vj 23 of 28 once ll U OI1'ICIIL OcOIDI Of ULM COORI, TL 08/13 /2100 at 10:351I HIM 1. ItoCl, Can COIL 150000.01 UC III 10.01 tetl: DOC -.10 5250.00 IICM1 l UTUL10 Jt 000 AUUT1 Dt }204 EXHIBIT Inns n 31103 of list WARRANTY DRRn THIS WARRANTY DEED, made thQ day of August, 2008, by Smarge Properties, LLC, a Florida limited liability company, whose post office address is 7685 Santa Margherita Way, Naples, FL 34109 (singularly or collectively "Grantor'), to Canberra Investments, LLC, a Florida limited liability company, whose post office address is 3565 Plovar AVenue, Naples, FL 34117 (singularly or collectively "Grantee'): (Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successor; and assigns of corporations) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situated in Collier County Florida, viz: Lot 2, White Lake Corporate Park, according to the map or plat thereof as recorded in Plat Book 31, Page(s) 26, Public Records of Collier County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, ee simple o `� AND, the Grantor hereby en Grant that t G for is lawfully seized of said land in fee simple; that the Grantor has god gh wf aut to se an convey said land; that the Grantor hereby fully warrants the title to i the lawful claims of all persons whomsoever, and that said land i fir o al b 6 f the current and subsequent years, zoning and use restrictions imp I a o ' s and easements common to the subdivision, and outstanding oil, r written. IN WITNESS WHEREOF, r has signed an resents the day and year first above I -- Signed, Sealed and Delivered as CTRC to Each Grantor in the Presence of: Sm es, LLC, a Florida limited liability co By. Witness Name• John Smarge, SManaga i le, Witness Name ,&ab- � C. i e k-./ (Corporate Seal) State of Florida County of Collier The foregoing instrument was acknowledged before me this `ems day of August, 2008 by John Smarge, Manager of Smarge Properties, LLC, a Florida limited liability company, on behalf of the corn personally known to me or as produced _ company. He [� is P � - -�e� � as identification. [Notary Seal] Ct>I�D PIaIA Notary Public ED F>SOsortbsrll,tatl Printed Name: e"rrtiss+ssrrnarur".r. My Commission Expires: Enared by and return to: Fabiola Sanchez, Legal Assistant Michael A. Baviello, Jr., P.A. 800 Seagate Drive, Suite 204 Naples, FL 34103 239- 434 -6644 File Number: OSR -113 Agenda Item No. 17A October 26, 2010 Page 24 of 28 4199854 OR: 4385 PG: 3898 RSCORDSD is MICIAL RBC01116 of COLLIER COURT, 11 06/13/2006 at 10:35M DSI6S7 B. BROCI, CLSIM COTS 100.00 RBC P11 16.56 DOC -. 70 .71 Betz: YICBABL A BAMLLO Ill 600 6 UT1 Bi ;201 WUS It 34103 [Space Above This Line For Recording Datal Quit Claim Deed This Quit Claim Deed made this day of August, 2008 between Radon Investment Holdings, LLC, a Florida limited liability company whose post office address is 3565 Plover Avenue, Naples, FL 34117, grantor, and Canberra Investments, LLC, a Florida limited liability company whose post office address is 3565 Plover Avenue, Napks, FL 34117, grantee: (Whenever used herein the tams " grantor" and 'grantee" include all the parties to this instrument and the heirs, legal ropreserrtatives, and assigns of individuals, and the successors and assigns of Corporations, teats and trustecs) Witnesseth, that said grantor, for and in co ' b�trie� iIJNDRED AND N01100 DOLLARS ($100.00) and other good and valuable consideratio ator in h said grantee, the receipt whereof is hereby acknowledged, does hereby remise, rel uitclaim to the said grantee's heirs and assigns forever, all the right, title, interest, claim and demand ich in and to the foil . scribed land, situate, lying and being in Collier County, Florida to -wit: Lot 3, White Lake Corpo to through 28, Public Reco of Parcel Identification Num lr Subject to: real property ad m taxes for the building code and other use imposed by mineral interest(s) of record; an , sand a Conveyance between related comps ' documentary stamps are affixed. in Plat Book 31, pages 26 all subsequent years; zoning, tbority; outstanding oil, gas and ton to the subdivision. property, therefore minimum To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimee - - -- Agenda Item No. 17A Oct6b6f215, 2010 Page 25 of 28 OR: 4385 PG: 3899 * ** Signed, sealed and delivered in our presence: Radno ` ent Hol�ngs, , a FloridJIF ' • ted li�jjiq�_ com By. fitness Name Peter J. Radno, Its Managing Mem (Corporate Scat) Witness Name State of Florida County of Collier The foregoing instrument was acknowledged bef e IL � of August, 2008 by Peter J. Radno, Its Managing Member of Radno Invesnnent Holdings, L parry, on behalf of the corporation. He L] is personally known to me or Khas produ cease i [NotWY Public 1MMrl► Fabiols Sanchez ;0�10000w' w � can C 'o s: CI�C� Quit Clain Deed - Page 2 DoubleTienee Agenda Item No. 17A October 26, 2010 Page 26 of 28 RESOLUTION NO. 2010- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION VAC - PL2010 -1116 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN TWO 7.5 -FOOT WIDE DRAINAGE EASEMENTS AND IN TWO 5 -FOOT WIDE LANDSCAPE BUFFER EASEMENTS OVER LOT 2 AND LOT 3, WHITE LAKE CORPORATE PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 26 THROUGH 28, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE EASEMENTS TO BE VACATED ARE MORE SPECIFICALLY DEPICTED AND DESCRIBED IN EXHIBIT 'A', AND ACCEPT THE REPLACEMENT DRAINAGE EASEMENT DEPICTED AND DESCRIBED ON EXHIBIT'B'. WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner, Canberra Investments LLC, requests the vacation in two 7.5 -foot wide drainage easements and in two 5 -foot wide landscape buffer easements over Lot 2 and Lot 3, White Lake Corporate Park, according to the Plat thereof as recorded in Plat Book 31, Pages 26 through 28, of the Public Records of Collier County, Florida, situated in Section 35, Township 49 South, Range 26 East, Collier County, Florida, the easements to be vacated are more specifically depicted and described in Exhibit "A" WHEREAS, in conjunction with, and as part of Petitioner's request, Petitioner has offered for dedication a replacement drainage easement area, attached hereto and depicted in Exhibit "B ", in the place of the vacated drainage easement area; and WHEREAS, the Board has this day held a public hearing to consider Petitioner's request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of Petitioner's request will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the drainage and landscape buffer easements as specifically described in Exhibit 'A' is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida; to make proper notation of this vacation on the recorded plat as referenced above. 1 of 2 Agenda Item No. 17A October 26, 2010 Page 27 of 28 This Resolution adopted after motion, second and majority vote favoring same, this day of —12010. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams 5f t��0 Assistant County Attorney 91 Attachments: EXHIBIT A — Legal Description EXHIBIT B — Legal Description BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman 2 of 2 Agenda Item No. 17A October 26, 2010 Page 28 of 28 Naples Daily News a Sunday, October 10, 2010 + 23D NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners of Collier County -will hold' a. public hearing on Tuesday, October 26, 2010 in the Boardroom, 3rd Floor, Administration .Building, Collier County Government Center, 3301 East Ta- miami Trail, Naples, Florida. The meeting will begin 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, RELATING TO PETITION VAC- PL2010.1116, TO DISCLAIM, .RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN TWO 7.5 -FOOT WIDE DRAIN- AGE EASEMENTS AND IN TWO 5 -FOOT WIDE LANDSCAPE BUFFER EASEMENTS OVER LOT 2 AND LOT 3, WHITE LAKE CORPORATE PARK, ACCORDING TO THE. PLAT THEREOF AS RECORDED: IN PLAT BOOK 31, PAGES 26 THROUGH 28, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE EASEMENTS TO BE VACATED ARE MORE SPECIFICALLY DEPICTED AND DESCRIBED IN EXHIBIT .'A' AND ACCEPT .THE REPLACEMENT DRAINAGE EASEMENT DEPICTED AND DESCRIBED ON EXHIBIT' B'. Copies of the proposed Resolution are on file with the Clerk to the Board and are 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 Administrator., prior to presentation of the agenda item to be addressed. Individual speakers will be limited. to 3 minutes on any item. The selection of an in- dividual to speak on behalf of an organization or group is encouraged. If recog- nized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. . Persons wishing to have written 6r 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a 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 evi- dence upon which the appeal is based. If You are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding; you are entitled, at,no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 2524380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Qj,Jpber 10- 2010 N�i1870844