Backup Documents 05/11/2010 Item # 7ACOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
® Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
rj t IN
Originating Dept/ Div: Engineering Services, Community Development & Environmental Services
Person: Stephen Higgins Date: 04/20/2010
Petition No. (If none, give brief description): VAC- PL2010 -264
Petitioner: (Name & Address): Myers Enterprises of Naples, LLC 6387 Airport Road N., Naples Fl. 34109
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Jeff Nunner, Nunner LLC, 8113 Lowbank Drive, Naples, FI 34109
Hearing before X BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 20 days before hearing) May 11, 2010
Newspaper(s) to be used: (Complete only if important):
® Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size: See Resolution
Companion petition(s), if any & proposed hearing date: n/a
❑ Legally Required
Does Petition Fee include advertising cost? ❑ Yes ® No If Yes, what account should be charged for advertising costs:
Revie y: I rzanowski .E. q,5600je d 1 bJ
ZONJ
ivision Administrio6r or Designee Date kk %-33
List Attachments: vvv���(((��� jW
Executive Summary —Copy
Resolution with exhibits — Copy
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE L
Date Received: Date of Public hearing: ,� Date Advertised:
rye ,-1
EXECUTIVE SUMMARY .
Recommendation to approve Petition VAC-PI-2010-264, NAPLES MAZDA, to disclaim,
renounce and vacate the County's and the Public's interest in those easements originally
recorded in Official Record Books, 1372, page 2332 through 2335, Book 1554, page 1369
& 1370, Book 1600, page t347 & 1348 and Book 1644, pagers 1945 through 1948 of the
Public Records of Collier County, Florida, all situated in Section 11, Township 49 South,
Range 25 East, Collier County, Florida, and being more specifically depicted on Exhibit
"A ", and accept the replacement drainage easement depicted and described on Exhibit
«B„
OBJECTIVE:
To adopt a resolution vacating the County's and the Public's interest in those easements
originally recorded in Official Record Books, 1372, page 2332 through 2335, Book 1554, page
1369 & 1370, Book 1600, page 1317 & 1318 and Book 1644, pages 1945 through 1948 of the
Public Records of Collier County, Florida, all situated in Section 11, Township 49 South, Range
25 East, Collier County, Florida, and being more specifically depicted on Exhibit "A ", and accept
the replacement drainage easement depicted and described on Exhibit "B" in place of the
vacated easement area.
CONSIDERATIONS:
Petition VAC-PI-2010-264, NAPLES MAZDA, has been received from Jeffery A. Nunner of
Nunner LLC as agent for the Petitioner, Myers Enterprises of Naples. LLC. This vacation
request is intended to vacate several existing drainage easements listed above which are
located under the proposed building area. The Petitioner offers an alternate easement to convey
drainage in place of those being vacated free of any encumbrance. No letters of objection are
required as the only user of the existing easements would be the owner /petitioner and Collier
County and the petitioner also owns all surrounding properties.
FISCAL IMPACT:
Engineering, Environmental, Comprehensive Planning and Zoning Department 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.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues
7 A"
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no known historical or archaeological impacts.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the associated legal documents for
legal sufficiency. This item is ready for Board consideration and approval. - STW
RECOMMENDATIONS:
To adopt a resolution vacating the County's and the Public's interest in those easements
originally recorded in Official Record Books, 1372, page 2332 through 2335, Book 1554, page
1369 & 1370, Book 1600, page 1317 & 1318 and Book 1644, pages 1945 through 1948 of the
Public Records of Collier County, Florida, all situated in Section 11, Township 49 South, Range
25 East, Collier County, Florida, and being more specifically depicted on Exhibit "A ", and accept
the replacement drainage easement depicted and described on Exhibit "B" in place of the
vacated easement area.
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.
PREPARED BY:
Stephen A. Higgins P.S.M., Land Surveyor
Engineering, Environmental, Comprehensive Planning and Zoning
! 7A � ;1
RESOLUTION NO. 10-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION VAC- PL2010 -264, NAPLES
MAZDA, TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY'S AND THE PUBLIC'S INTEREST IN THOSE
EASEMENTS ORIGINALLY RECORDED IN OFFICIAL
RECORD BOOKS 1372, PAGE 2332 THROUGH 2335, BOOK
1554, PAGE 1369 & 1370, BOOK 1660, PAGE 1317 & 1318
AND BOOK 1644, PAGE 1945 THROUGH 1948 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALL
SITUATED IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE
SPECIFICALLY DIPECTED ON EXHIBIT "A ", AND ACCEPT
THE REPLACEMENT DRAINAGE EASEMENT DEPICTED
AND DESCRIBED ON EXHIBIT "B ".
WHEREAS, pursuant to Section 125.01 and 125.37, Florida Statutes,
Petitioner, Myers Enterprises of Naples, LLC has requested the vacation of the
County's and the Public's interest in those easements originally recorded in
Official Record Books, 1372, page 2332 through 2335, Book 1554, page 1369 &
1370, Book 1600, page 1317 & 1318 and Book 1644, pages 1945 through 1948
of the Public Records of Collier County, Florida, all situated in Section 11,
Township 49 South, Range 25 East, Collier County, Florida, and being more
specifically depicted on Exhibit "A ", and accept the replacement drainage
easement depicted and described on Exhibit "B ".
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 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 the Petitioner's request will not adversely
affect the ownership or right of convenient access of the property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in those originally recorded easements as specifically depicted in Exhibit 'A' are
hereby vacated, extinguished, renounced and disclaimed, and this action is
declared to be in the Public's interest and for the Public's benefit.
1°7A
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.
This Resolution adopted after motion, second and majority vote favoring
same, this day of , 2010.
DATE:
COMMISSIONERS
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form and legal
sufficiency:
By:
Steven T. Williams — STW — 4/19/10
Assistant Collier County Attorney
BOARD OF COUNTY
COLLIER COUNTY, FLORIDA
IS
FRED W. COYLE, CHAIRMAN
IP -14
h
h
�I
w �
oily
o
o �
Q70b 9N177nd 1LQdbIH 3N17 AAA 30 1H91b 1S3A
,4Z'94l 3,4L,60.LON o
N
tn
� I m
zw I QI I I 4
W M I WI I
J
0 a SIN N Id a
W F N p'' , I I � ,?
QI W H ^ I Olz M Iz j
w I
`x/41 z zI I I 3 y
o
til O I J O
n
_- - I
p O I - WO-a32 49-`N! 148.17r - -
V a p C) -
w u U o
O v Q to
z W
41 N 2 2^ ¢ W
i Y ¢ FI�V �rl
i1i z > UW� 2 W
W O
15'D.E. pL.O¢ H V J
I o ¢ titiVtiW 2 W
- - - - - - :ZzL ti ti
N00'32'49"W 148.17' O�L.¢��
��o�a q V
Li
I 0Q :ci W w
ea�saa 4
W
M
�I
t\
1"I
M
Wr�
E-I W
N
W
W a
�
o�
z
I
tl l
Q
Q
110
M
W
n
N
ao�x
�a
AN'Mo�
¢ I N
w
4
O
a
3 O)
U
U
w �
�
x
til
0
�I
ct
d
a
I
O
of
a
m
e
M
0
UWAY DN177nd 12/Od&ly 3N17 (VA -iO 1HDI& IS3M
F .$'Z'gVL 3„4L,60.lON
I I
I I I
I
�I
W
J
I
tl l
Q
Q
110
M
W
n
N
¢ I N
4
m
3 O)
?
Q
I N
til
�I
ct
d
a
I
i
of
I
u
N
~
G
(S
I
I
O
0'Sl
N I
—
— NOOa32' a9'w—
148.17' _
Q
I$
to
O
W
m
W
CO
¢
C� I
I�
Ir00i
Iz
I
N00'32'49'W
148.17' - -
I
vi
°
om
q n
V1
4
P O
Y) O
_h d
Y Y
00
`X
7A
0
y
W N JW
4-W,� 2 W 2
�aOO,a q U
Ci W
O Q: cj W v,
aaQaa q
O
N
ro
U
a
� a
h
a � I
�ad
O
oaj
O �
¢
h
Z
ti
3
J
ti
2
W
0
¢
0
H
w
Z
U
J
' 7A
Prepared by:
Christopher Marsala, Esq.
Florida Bar No.: 0936766
CARDILLO, KEITH & BONAQUIST, P.A.
3550 East Tamiami Trail
Naples, FL 34112
DRAINAGE EASEMENT
THIS EASEMENT, made and entered into this _day of March 2010, by MYERS
ENTERPRISES OF NAPLES LLC as Grantor and COLLIER COUNTY, apolitical subdivision of the State
of Florida, its successors and assigns, as Grantee.
(Wherever used the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations.)
WITNESSETH:
Grantor for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid the Grantee, the receipt and sufficiency of which is here
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non - exclusive easement, license, and privilege
to enter upon and to install and maintain drainage and utility facilities on the
following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A"
which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right
to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and
maintaining drainage and utility facilities thereon. Grantor and Grantee are used for a singular or
plural, as the context requires.
X01ai T
o F �-
7A
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
R TLI j��,
./ V
MYERS ENTERPRISES OF NAPLES LLC
The foregoing Drainage Easement was acknowledged before me by Thomas P. Myers as
President ofMYERS ENTERPRISES OF NAPLES LLC, acting in its capacity as the duly authorized
officer of MYERS ENTERPRISES OF NAPLES LLC on behalf of the limited liability corporation.
Witness my hand and seal this � (v day of March, 2010.
BONNIE L. NEYHART
G
i? =.: :,:_ MY COMMISSION # DD 582318
EXPIRES: October 6, 2010
Bonded Thra Notary Public Undernriter<
- Notary Public
My Commission expires:
r-7 A J
Exhibit "A"
LEGAL DESCRIPTION:
COMMENCING AT THE WEST 114 CORNER OF. SECTION 11, TOWNSHIP 49 SOUTH,
RANGE 25 EAST COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF
SAID SECTION 11, NORTH 00'10'36' WEST 1829.95 FEET TO THE CENTER LINE OF J
& C BOULEVARD) THENCE CONTINUE ALONG SAID CENTER LINE NORTH 89'28'18'
EAST FOR 5308.70 TO THE WEST RIGHT OF WAY LINE OF AIRPORT PULLING ROAD
S.R. S -31)1 THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 01'09'14' WEST 185.08
FEET TO THE POINT OF BEGINNING WHICH IS THE SOUTHEAST CORNER OF LOT 24
OF J & C INDUSTRIAL PARK AN UNRECORDED PLAT BY BRUCE GREEN AND
ASSOCIATES, INC.
THENCE SOUTH 89'28'18' WEST FOR 30.20 FEET)
THENCE NORTH 64.19'12' WEST FOR 24.54 FEET)
THENCE NORTH 00'25'49' EAST FOR 97.26 FEET)
THENCE NORTH 89.34'11' WEST FOR 181.00 FEET)
THENCE NORTH 00'26'54 EAST FOR 39.03 FEET TO THE SOUTH RIGHT OF WAY LINE
OF J & C BOULEVARD;
THENCE NORTH 89'28'18' EAST FOR 15.00 FEET ALONG SAID SOUTH RIGHT OF WAY
LINE;
THENCE SOUTH 00'26'54' WEST FOR 24.15 FEET)
THENCE SOUTH 89'34'11' EAST FOR 181.00 FEET)
THENCE SOUTH 00'25'49' WEST FOR 102,74 FEET)
THENCE SOUTH 64'19'12' EAST FOR 41.37 FEET TO THE WEST RIGHT OF WAY LINE
OF SAID AIRPORT PULLING ROAD)
THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE SOUTH 01'09'14' WEST FOR 1.83
FEET TO THE POINT OF BEGINNING,
�X�1'lC'ji 1
mm�
Z
�az
O �
y
O Lo
r
O y
AaC
01.
00
SECTID_N 10 -
SECTION 11 N00' 10'36 "W 1829.95'
a
ti
a
a
z
O
� o
� o
r ro
o e,
ro �
ro
i
r
mxmxxxx�x�lxxxxA -np A aa°
�n
mm mmmmzm mmmmmv
izrnzzzzmzczzzzz°c�
m- lnntza
w , d °a
�bpo 0.,p-0
pQ
nDnnnn
-im�5
n nnnnnn
mr- mmmmm59
to mm
--1 1 -toy z
n b Is
2 a ti
s>V�222
znzzzzvrm"n
o °° °°°m
y m-+ Z
r)j
mqo cc°°
M-1C
a
M
Ul~
x
2C�T°m°
2° Cxxxxx�--�dmxo,ZDjZ
(7D
rl,
M A°,D°
mtm" o0`m C2'1NOZmdY.��
'O <2 aD °.p ,'
--j.. no n1
8(C!mD
Nm
m>macNn,.nm
x
2R1
o°�.
�1Z Nt0 �A
m A i,UNm
°�(Zjxmm
D
A
tt7 L"IZ
a
DTI
D CZjxm 'n10
NCl
W
cmi�:M1, ->M
Zty 00,, 00
ymar£1�
V1 �2A22
-1
�ccmiymn° :0
DEZOC\
azGO,�
w`
a -a
.Z- t7
m
zA
Z.Z.b V).-. tv�
C��1�C�.�p
a
pz1 ;_ ,°j°,Cj°
x M xl
Tl .TI A i7 ,-p
L1 .ZMI m �l Z
°W
WN��
'..C,
p pM��rV1
�OCnD
p
2
0
vv °C11
° Wo m.NPO
D=
w
mm
I
m
dV1D
-� mr,'lmm
m mmmrmi f'ml
£D iO -A'o
I
--I Z!
D 1_ `-
rxr�ty�rin
wm mmz
0 m
m
mmm�.�..
cz
D vl
w�0 '1
A Z -i
°�
�
H
t7 C
nD DZ�
l
o
°
m ioMmx ,z
x m xN
.D A
c �
mno° mm
n D
_
m
D.Z1 cxm��0
m m
0
= .,1
Z N
m
£
-1 E
t7o
Z�MZ°
om a
o
o mmmmx
r
£ F_
Ndm0m
b
M m
D
'< m
NpD
'P an d L
Gl
a
a
z
O
� o
� o
r ro
o e,
ro �
ro
i
r
I
I
N0926'54 "E
39.03'
�bpo 0.,p-0
pQ
F_
bo n
r
n b Is
2 a ti
V
li 2On� -2i a
x24.15'
a
A rl ��oo A
(
I
a
rrrr
:6 "1 1�np
/'+
;rA2n3j ti
� ab22
�m
2p
0coonm
A
8(C!mD
0
03 I�
to"N%11
CO
BOO ODZ
A
•.
A Do (M
q ,u n
mm D
N p N N
O O O
O O O
N
D A
M
I N
i(7)
I�
i,pz)
NJ IO
co
C
v
H Io
U1 �j
c,a =
CO I �I
a
I�
I
a2 N00'25'4— 97.26' _ -- I b I
A
S0025'49"W 102.74' _ J
n C ( �C —
WEST RIGHT Or WAY LINE AIRPORT PULLING ROAD
Z SO 1'09 14 "W 185.08' - -
Eli
o
O
r
ly.J�
0
J
O
d
MCI
\ L
°za
N
v
H
pon
N
b�
rrV��
V1
z
l�
,NA
tM
O
0
M�
l �
y
z
a
r
,`
r
a
V
y
H
O
z
I
I
N0926'54 "E
39.03'
F_
v
S00'26'54"W
15'D.E.
x24.15'
(
I
,
rrrr
I
�
, I
10
m
�m
0coonm
A
8(C!mD
03 I�
to"N%11
CO
BOO ODZ
ll�
A Do (M
I
, u 11
f p m
A
m
I r; a
°-
Im
°W
�OCnD
I
Z
°om
w
wo
I
I b
I
, IP
q ,u n
mm D
N p N N
O O O
O O O
N
D A
M
I N
i(7)
I�
i,pz)
NJ IO
co
C
v
H Io
U1 �j
c,a =
CO I �I
a
I�
I
a2 N00'25'4— 97.26' _ -- I b I
A
S0025'49"W 102.74' _ J
n C ( �C —
WEST RIGHT Or WAY LINE AIRPORT PULLING ROAD
Z SO 1'09 14 "W 185.08' - -
Eli
o
O
r
ly.J�
0
J
O
d
MCI
\ L
°za
N
v
H
pon
N
b�
rrV��
V1
z
l�
,NA
tM
O
0
M�
l �
y
z
a
r
,`
r
a
V
y
H
O
z
Prepared by:
Christopher Marsala, Esq.
Florida Bar No.: 0936766
CARDILLO, KEITH & BONAQUIST, P.A.
3550 East Tamiami Trail
Naples, FL 34112
DRAINAGE EASEMENT CONVEYANCE AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into
on this day of 2010, by and between MYERS ENTERPRISES OF
NAPLES LLC whose mailing address is 6381 Airport- Pulling Road North, Naples, Florida 34109
(hereinafter referred to as "Grantor ") and COLLIER COUNTY, a political subdivision of the State
of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter
referred to as "County ").
WITNESSETH:
WHEREAS, County has requested that Grantor convey to the County a perpetual, non-
exclusive easement, license, and privilege to enter upon and to install and maintain drainage and
utility facilities on the following described lands located in Collier County, Florida, described in
Exhibit "A" (hereinafter referred to as the "Easement "), which is attached hereto and made part of
this Agreement; and
WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Easement
to the County for the stated purposes, on the terms and conditions set forth herein, said terms
including that no compensation shall be due and payable for the Property requested by County.
NOW THEREFORE, in consideration of these premises, the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is here
mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein
by reference as if set forth fully below, and all Exhibits referenced herein are made a part of
this Agreement.
2. Grantor shall convey the Easement to County, in a form acceptable to County and at no cost
to the County, unless otherwise stated herein. Said conveyance (Grantor's delivery to County
of a property executed easement instrument) is hereinafter to as the "Closing."
3. Prior to Closing, Grantor shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Easement upon their recording
in the public records of Collier County, Florida. At or prior to Closing, Grantor shall provide
7A
County with a copy of any existing prior title insurance policies. Grantor shall provide such
instruments, properly executed, to County on or before the date of Closing.
4. This Agreement shall be null and void, and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this Agreement;
provided; however, that County shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which either remove,
release or subordinate any and all such liens, encumbrances or qualifications affecting
County's enjoyment of the Easement.
5. County shall pay all fees to record any curative instruments required to clear title, and all
Easement instrument recording fees. In addition, County may elect to pay reasonable
processing fees required by mortgagees in connection with the execution and delivery of a
Release or Subordination of any mortgage, lien or other encumbrance recorded against the
property underlying the Easement.
This Agreement and the terms and provisions hereof shall be effective as of the date this
Agreement is executed by both parties and shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, executors, personal representatives, successors,
successor trustees, and /or assignees, whenever the context so requires or admits.
7. Conveyance of the Easement by Grantor is contingent upon no other provisions, conditions,
or premises other than those so stated above; and this written Agreement, including all
exhibits attached hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk , Chairman
ME
EJ /
Name (Print or Type)
Witness (Signature)
/14, f4
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
MYERS
OF NAPLES LLC
c
N
U
�a
Q
N
c
ca
C
`'
o
4) U
3j
o
O co
a ca
w
Ca O
-a
wN
o ? US
Z W CL D
J Z LL
O
C
r
O
O
O
O
h
O
O
O
N
Co
O
O
O
d•
f7
O
O
O
O
h
O
O
O
V
c0
O
O
h
O
Lo
O
O
O
O
�
O
O
O
Co
Co
O
O
O
0
O
O
N
O
O
O
O
CC)
O
O
O
O
N
O
O
O
w
N
O
O
r
a
O
O
�t
N
°o
h
:3
N
°O
w
d
N
°
N
°
N
sr
N
°
O
N
°
N
N
o
h
N
°
r
�t
N
°
r
�t
N
°
O
N
°
O
cr
N
°
N
N
°
h
t0
N
O
O
O
O
O
O
O
O
O
O
to
_
M
h�
Z
Z
U
-o
°
aci
aci
aci
o
a
m
m
o
o>
0
0
o
c
'a
Q
O
0)
M
O
CA
c)
N
"W
h
m
N
r
M
m
CD
O
O
M
N
O
O
q
N
O
r
N
W)
N
Iq
N
r
CC)
M
CO
O
h
N
h
h
N
O
O
Iq
CO
r
O
o
(C)
O
co
N
�
7
U
U
�
m
CL
°�
c
o
C
J
Q
-1
O
O
C
C
c
C
Hl
=
+' +
=p
a)
:
N
tm
o
8
J
J
12
a�'i
coo
2
m
U
U
C
o
m
U
CU
•�
a..
�
�
fL1
p
G
�
m
ti
Q
(D
3
0
m
o
V
~
LU
L
U
= U
m
m
E
z
°
ca
W
c°
w
CO
U
-°
m
te
r
a¢
aoi
c
co
E?
P
v
E
P
a.
y/
r
N
cn
'TI
Lo
Co
h
CID
O
O
T
r
T
N
T
Ch
T
T
Z
7 A;
r
W
d' Q
O
O ! O
r ` `
O
J�NM
d J 111 Lu
7ZO�
Dwight E. Brock
Clerk of Courts
April 21, 2010
CounN -b C�611ier
CLERK OF THE CIRC;TIT COURT
COLLIER COUNTY COUR4HOUSE Clerk of Courts
3301 TAMIAMI "�'�AIL EAST Accountant
P.O. BOX 40044 Auditor
NAPLES, FLORIDA' 4101 -3044 Custodian of County Funds
7A 0'".4
Re: Petition VAC- PL2010 -264
Myers Enterprises of Naples, LLC - Naples Mazda
Dear Property Owner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 11, 2010 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 25, 2010 and
again on the following Sunday, May 2, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jenn ,
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierclerk.com Email: collierclerk @collierclerk.com
neinvvauie w Laueps
Use Avery® TEMPLATE 51604
Sarlo Mowers, LLC
2390 J & C Boulevard
Naples, FL 34109
Richard W. Hadinger, Tr
2390 Trade Center Way
Naples, FL 34109
Trent — Trade Center
2425 J & C Boulevard
Naples, FL 34109
Thomas F. & Judith Hadinger
2477 J & C Boulevard
Naples, FL 34109
Laguna Bay Association, LLC
2608 Fountain View Circle
Naples, FL 34109
www.avery.com . �
1- 800 -GO- AVERY' A � la1'1/�1:!Y� 6460T«
J & C Auto Sales of Collier County Jonathan R. Myers, Tr
2374 J & C Boulevard 6381 Airport Road N.
Naples, FL 34109 Naples, FL 34109
Philharmonic Center
2400 Trade Center Way
Naples, FL 34109
Myers Enterprises of Naples, Inc.
6381 Airport Road N.
Naples, FL 34109
Collier Custom Builders, Inc.
6455 Airport Road N.
Naples, FL 34109
Nunner, LLC
Attn: Jeff Nunner
8113 Lowbank Drive
Naples, FL 34109
Allied Trade Center, Inc.
2410 Trade Center Way
Naples, FL 34009
Stanley White, Jr.
2470 Trade Center Way
Naples, FL 34109
Thomas F. Hadinger
6401 Airport Road N.
Naples, FL 34109
Myers Enterprises of Naples, LLC
6387 Airport Road N.
Naples, FL 34109
—091M ®A?J3AV► Aa3AV-OD-008-1 @09LS 31V1dW31 OfueAv ash
WO:)'A19Ae-mmM M slagel al 9jgeAOw8a
N
CLERK OF THE C -11
Dwight E. Brock COLLIER COUNTY C
Clerk of Courts 3301 TAMIAMI T9
P.O. BOX 4f:
NAPLES, FLORIDA
April 21, 2010
Jeff Nunner
Nunner, LLC
8113 Lowbank Drive
Naples, FL 34109
"011ier
7A
:Ct ,JIT COURT
)URTHOUSE Clerk of Courts
AIL EAST
044 Accountant
X4101 -3044 Auditor
Custodian of County Funds
Re: Petition VAC- PL2010 -264
Myers Enterprises of Naples, LLC - Naples Mazda
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 11, 2010 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 25, 2010 and
again on the following Sunday, May 2, 2010.
You are invited to attend this public hearing.
S incerely,
DWIGHT E. BROCK, CLERK
QAV'�' '0.c .
Ann Jenne ,
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierelerk.com Email: collierclerk @collierclerk.com
Dwight E. Brock
Clerk of Courts
April 21, 2010
dfCo' llier
CLERK OF THE CRC VAT COURT
COLLIER COUNTY ,COURTPOUSE Clerk of Courts
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044 Accountant
NAPLES, FLORIDA" 4101 -3044 Auditor
Custodian of County Funds
� 7A
Myers Enterprises of Naples, LLC
6387 Airport Road N.
Naples, FL 34109
Re: Petition VAC- PL2010 -264
Myers Enterprises of Naples, LLC - Naples Mazda
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 11, 2010 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, April 25, 2010 and
again on the following Sunday, May 2, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
,O C
Ann Jennej ,
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierclerk.com Email: collierclerk @collierclerk.com
7A Wl"
ACCT. #068783
April 21, 2010
Attn: Legals
Naples Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: VAC- PL2010 -264: Naples Mazda
Dear Legals,
Please advertise the above referenced notice Sunday, April 25, 2010
and again on the following Sunday, May 2, 2010. Kindly send the Affidavit of
Publication, in duplicate, together with charges involved to this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. #4500068783
7 A v 4
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, May 11, 2010
in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami 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 -264, NAPLES
MAZDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE
PUBLIC'S INTEREST IN THOSE EASEMENTS ORIGINALLY RECORDED IN
OFFICIAL RECORD BOOKS 1372, PAGE 2332 THROUGH 2335, BOOK 1554,
PAGE 1369 & 1370, BOOK 1660, PAGE 1317 & 1318 AND BOOK 1644, PAGE
1945 THROUGH 1948 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, ALL SITUATED IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE SPECIFICALLY
DEPICTED ON EXHIBIT "A AND ACCEPT THE REPLACEMENT DRAINAGE
EASEMENT DEPICTED AND DESCRIBED ON EXHIBIT "B ".
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 individual
to speak on behalf of an organization or group is encouraged. If
recognized 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 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 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 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,
7A
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239) 252 -8380. 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: Ann Jennejohn, Deputy Clerk
(SEAL)
TA
Ann P. Jennejohn
To: Naples Daily News Legals
Subject: VAC- PL2010 -264 Naples Mazda
Attachments: VAC- PL2010- 264.doc; VAC- PL2010- 264.doc
Good Afternoon,
Please advertise the attached on Sunday, April 25, 2010 and again on the following Sunday, May 2, 2010.
Thank you.
Ann Jennejohn, Deputy Clerk
Clerk to the BCC /VAB
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252- 8408(fax)
"7A ,
Ann P. Jennejohn
From: postmaster @collierclerk.com
Sent: Wednesday, April 21, 2010 3:20 PM
To: Ann P. Jennejohn
Subject: Delivery Status Notification (Relay)
Attachments: ATT248029.txt; VAC- PL2010 -264 Naples Mazda
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested delivery status
notifications may not be generated by the destination.
legals @naplesnews.com
7A
Ann P. Jennejohn
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Wednesday, April 21, 2010 4:05 PM
To: Ann P. Jennejohn
Subject: RE: VAC- PL2010 -264 Naples Mazda
ok
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com]
Posted At: Wednesday, April 21, 2010 3:20 PM
Posted To: Legals - NDN
Conversation: VAC- PL2010 -264 Naples Mazda
Subject: VAC- PL2010 -264 Naples Mazda
Good Afternoon,
Please advertise the attached on Sunday, April 25, 2010 and n gin on the following Sunday, May 2, 2010.
Thank you.
Ann Jennejohn, Deputy Clerk
Clerk to the BCC /VAB
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252- 8408(fax)
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helDdeskna colllerclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
ZI
7A
Ann P. Jennejohn
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Thursday, April 22, 2010 1:28 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Attachments: UAS165.jpg
ATTACHED please review your notice & confirm APPROVAL via EMAIL.
Should you have any questions, changes or corrections, please contact me via EMAIL.
Thank you for placing your ad.
PUB. Dates APRIL 25 & MAY 2, 2010
Ad Number 1850621
Total Ad Cost $432.65
Emely Pagan
213 -6061
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION 7A t
Notice is hereby i , n that -th Board of Cowil ° Commissioners of Colic r Count
will hold a pub is hearing on Tueiday, May 11, 2010 intfi8 Boardroorrt, 3rd Floor,
Administration Ruilding Collier County Gt�vernrr er t Center, 3301 East Tarn"arr i
Trail, Naples; Florida, The meeting will in at 9100 .ail. TIC title cif �th'a �r� r���
Resolution is as follows-
A RESOLUTION OF THE 13 ARD OF COUNTY COMM ISSIONEI S CAF COLLIER COUNTY,
FL RIDA, RELATING TO PETITION VAC- PL2010 -264, NAPLES MAZDA,,TO DISCLAIM,
RENOUNCE AND 'VACATE THE COUNTY"S ANN) THE PLJ' LIC" II"1i' ST IN THOSE
EASEMENTS ORIGINALLY RECORDED IN OFFICIAL RECORD BOOKS V3,72, PAGE 2332
THROUG, H 2335, BOOK 1554, PACE 1369 & 1370, BOOK 116601 PAGE 1 317 & 1318
AND BOOK 7644 PAGE 1945 THROUGH, 1949 OF THE PUBLIC RECORDS Of COLLIER
COUNTY, FL RI'DA, ALL SITUATED IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25.
EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE SPECIFICALLY DEPICTED ON
EXHIBIT A ", AND ACCEPT THE REPLACEMENT DRAINAGE EASEMENT DEPICTED
AND DESCRIBED ON EXHIBIT'! B
NOTE. All Persons, wishing to 5peak on any a erida ttem, ,,rust register, with the
Courity A,drrrinisltratar prior to presentation, of the agenda item to be addressed,
[r-
Individual speakers, will e limited to 3 minutes or arty'
it,
The selection" �f are
dividual to spear on dehalf of an organization or group is enc.oura ed If recog-
nrzed by the 'Cha r, a okesperson for a group 01r or , ganization may E. a' II tte 10
r i rl, LJ teS t), speak on an item,
Persons w1shing -to have written or graphic materials included in 'the Boardagenda
p ckets.rnust subrni`'t said material minirnu of 3 �veeks prior to the respective
public tearing, In any c e, �r Htten ,materials intended to b considered by the
Board shall to submitted to,the appropriate County staff a rrrirr mrurrn of sever, days.
Prior to the pu4lic hearing. All material used in presentations, before the Board;
wilI become a perrnaneat part of the reciard.
Any person who decides is appeal a decision of the Board will nee i ar rKvrd of the
praceedings. p+ertairiin thereto and therefore, may, reed to ensure that a verbatim
record of the prOceeding is trade, which record includes the wstimon.y and evi-
dence, u0pn whirb the appeal is d "as d,
it ytau are a ,son With a �dlsabillty who need: any accommodation in. order t par-
ticipate In triis proceeding; you are i tntitled, �T no cwtt to you? t0 The provision ot
certain assistance. Please contact the Collier Count, Fadlitles Mahagloment Depart-
meat, lotated at 3301 TamlaMl Trail East- Building W, Naples F'lorrda 34112,,. (239)
252 -8380, Assisted I istehi g, "deices for the. heading Impaired are available In the
County Cornmissi.ontrsl Office,
BOARD OF COUNTY COMI ISSIONER5
COLLIER COUNTY, FLC RIDA
FED W. C YLE, CHAIRMAN
DWIGHT E. BROC , CLERK
By: Aran lennejohn, Dept Curl(
(SEAL.
April 25 & May 2,,2010 NoISS0621 .
0"7A
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Tracy Reeve, who on oath says that she serves
as the Senior Accountant of the Naples Daily News,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached covv of the advertising, being a
ORIGINAL DOCUMENTS CHECKLIST &ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO > -11"Zu
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and orj�y�al A
documents are to be forwarded to the Board Office only after the Board has taken action on the item.) j/
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order
Office
Initials
Date
1. Judy Puig
CDES Administration
(Initial)
Applicable)
2.
I r �O
Agenda Item Number
� M
3.
a /
ri
4.
tsolea -ii»
Number of Original
3
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
JA_
S` 13
to
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
///
` EWE A.
Phone Number
N/A (Not
Contact
(�7GrJ�+�J'
(Initial)
Applicable)
Agenda Date Item was
I r �O
Agenda Item Number
� M
Approved b the BCC
a /
ri
Type of Document
tsolea -ii»
Number of Original
3
Attached
-
Documents Attached
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
approPriat e.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike- through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
J�
document or the final negotiated contract date whichever is applicable.
N `
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
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!
6.
The document was approved by the BCC on 12ola (enter date) and all changes
made during the meeting have been incorporated to the attached document. The
W
County Attorney's Office has reviewed the changes, if applicable.
m
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
7A
MEMORANDUM
Date: June 1, 2010
To: Stephen Higgins, Collier County Surveyor
Engineering & Environmental Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2010 -100 (recorded)
VAC- PL2010 -264: Naples Mazda
Attached, is a copy of the document referenced above, (Item #7A)
adopted by the Board of County Commissioners on May 11, 2010.
I have also included an original Affidavit of Publication for your records.
The Minutes and Records Department will hold the original resolution
with the Board's Official Records.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachment
RESOLUTION NO. 10 -100
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION VAC- PL2010 -264, NAPLES
MAZDA, TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY'S AND THE PUBLIC'S INTEREST IN THOSE
EASEMENTS ORIGINALLY RECORDED IN OFFICIAL
RECORD BOOKS 1372, PAGE 2332 THROUGH 2335, BOOK
1554, PAGE 1369 & 1370, BOOK 1600, PAGE 1317 & 1318
AND BOOK 1644, PAGE 1945 THROUGH 1948 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALL
SITUATED IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE
SPECIFICALLY DEPECTED ON EXHIBIT "A ", AND ACCEPT
THE REPLACEMENT DRAINAGE EASEMENT DEPICTED
AND DESCRIBED ON EXHIBIT "B ".
7A
Xno�-
C) r-
69mX
=�
° 0 , 0
C 01 QI
Z �N cn
�0 o
M 0 cn
oOD
�
�
o O0
D
M DO
n �
C0
c 00
n
0
C
WHEREAS, pursuant to Section 125.01 and 125.37, Florida Statutes,
Petitioner, Myers Enterprises of Naples, LLC has requested the vacation of the
County's and the Public's interest in those easements originally recorded in
Official Record Books, 1372, page 2332 through 2335, Book 1554, page 1369 &
1370, Book 1600, page 1317 & 1318 and Book 1644, pages 1945 through 1948
of the Public Records of Collier County, Florida, all situated in Section 11,
Township 49 South, Range 25 East, Collier County, Florida, and being more
specifically depicted on Exhibit "A ", and accept the replacement drainage
easement depicted and described on Exhibit "B ".
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 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 the Petitioner's request will not adversely
affect the ownership or right of convenient access of the property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in those originally recorded easements as specifically depicted in Exhibit 'A' are
hereby vacated, extinguished, renounced and disclaimed, and this action is
declared to be in the Public's interest and for the Public's benefit.
7 A
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.
This Resolution adopted after motion, second and majority vote favoring
same, this I /Ith day of , 2010.
FAV
DWIG,. T- E,O OCK, CLERK
e
'ty CIork-
Approved as to form
and legal sufficiency:
,CLI�xN. 7.
Steven T. Williams
Assistant County Attorney 5 �Io
CP \10- EIS - 01905 \8
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
;A
AS TO C
DATED:
Name (Print or Type)
Witness (Signature)
�
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney ,
V
NMRS
OF NAPLES LLC
7 A
kl
�Zy�
rn
0
O
L7VGd 9N177nd ldflddIV 3N17 AVA X 1HD16f IS3M
,9Z'84l 3J t,60AON
I I
I I I I
WI I I
°w
I I
v -
OI
~ I
0
�I
j
� I
OIm
U I
I
t
I
ii N N I N
J pp N
N
¢ I N Q 00
3 IN
N
n
OI Z I I z
0I
m
tii o I I
pl I
W
G
W „
C
15'D.E.
N00' 2 49`W 148 17
1 j M -
M
I$ v I I$
to N I to
m N I m
n
IN IN
Iz $ Iz
m
� 15'D.E.
O
N00'32'49"W 148.17'
O
h
H v2 22
¢ W
2=q
Z
¢
U82 J y
�Vq� 2WZ
aa0aa q U
GIO cj�v W w
C40 CA. a 4
7A
h
b
b
I
T �O
Y V
?BSI a
h
ad 46
QRA q
O
C
N
m
U
ti
0
2
e
W
W
�a
LC
h
0
ti Q
50
ti
3
o a
2
Z J
W
E-4
N
w
M
z
0
N
N
�a
wWN��
>4
n
z
W
w
�
O
A�o�w
w
x
Ica
W
O
W
rn
0
O
L7VGd 9N177nd ldflddIV 3N17 AVA X 1HD16f IS3M
,9Z'84l 3J t,60AON
I I
I I I I
WI I I
°w
I I
v -
OI
~ I
0
�I
j
� I
OIm
U I
I
t
I
ii N N I N
J pp N
N
¢ I N Q 00
3 IN
N
n
OI Z I I z
0I
m
tii o I I
pl I
W
G
W „
C
15'D.E.
N00' 2 49`W 148 17
1 j M -
M
I$ v I I$
to N I to
m N I m
n
IN IN
Iz $ Iz
m
� 15'D.E.
O
N00'32'49"W 148.17'
O
h
H v2 22
¢ W
2=q
Z
¢
U82 J y
�Vq� 2WZ
aa0aa q U
GIO cj�v W w
C40 CA. a 4
7A
h
b
b
I
T �O
Y V
?BSI a
h
ad 46
QRA q
O
C
N
m
U
ti
0
2
e
W
W
�a
LC
h
0
ti Q
50
ti
3
o a
2
Z J
7 A '"
m ! b
!Os Q
Aq 10
h
� I
id
0 4
0
0
MQ4'ON 9N177nd 1LOdM14' 3N17 AVM 10 1H912✓ 1S3M --} o
1"1 ,4Z'94l 3„41,60.lON I N
1
ri W I I I V
o;
p I� W
O ti
7 (�
W
N
IZ a
a z z
►�C ^ � � I til ° Ct
0
in I 1 S'D.E.
N00'32' !;'W-
h a I 148
x�
la to W
W W
W
m ¢
I O z 2111, W1� 2 J y
W 2
I Q titi V1nW 2 W
N00'32'49"W 148.17'
aaoaa a �
O W Q 0
c 00,32�" W
o m aCOaa q
F
a n
b
QY Y
m
ac �
O O
Prepared by:
Christopher Marsala, Esq.
Florida Bar No.: 0936766
CARDILLO, KEITH & BONAQUIST, P.A.
3550 East Tamiami Trail
Naples, FL 34112
DRAINAGE EASEMENT
7A
THIS EASEMENT, made and entered into this Zday of March 2010, by MYERS
ENTERPRISES OF NAPLES LLC as Grantor and COLLIER COUNTY, a political subdivision of the State
of Florida, its successors and assigns, as Grantee.
(Wherever used the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations.)
WITNESSETH:
Grantor for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid the Grantee, the receipt and sufficiency of which is here
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non - exclusive easement, license, and privilege
to enter upon and to install and maintain drainage and utility facilities on the
following described lands located in Collier County, Florida, to wit:
See attached Exhibit "A"
which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right
to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and
maintaining drainage and utility facilities thereon. Grantor and Grantee are used for a singular or
plural, as the context requires.
r
t �� 3
7A
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
-2 M � / i
MYERS ENTERPRISES OF NAPLES LLC
The foregoing Drainage Easement was acknowledged before me by Thomas P. Myers as
President ofMYERS ENTERPRISES OF NAPLES LLC, acting in its capacity as the duly authorized
officer of MYERS ENTERPRISES OF NAPLES LLC on behalf of the limited liability corporation.
Witness my hand and seal this day of March, 2010.
Y r BONNIE L. NEYHART
MY COMMISSION # DD 582318
EXPIRES: October 6, 2010
o Bonded Thru Norary Public Underwriters
-� Notary Public
My Commission expires:
7A
SECTID_N 10
o
SEC TIDN 11 N00'10'36 "W 1829.95'
z�
�y I
vI (n _1- 4 0 - 1- 4 � -4 r- 4 0 - 1- 1 -1-1 -1 a 0 _9 0 m Q. 0 m 0 M
I� mSm22x2"'2TISx S22V1 �1m;�D D_DO ^"
�7n �zv>zzzzmzr_ZZZZZOCI OM 0 �yA00
a� n a n n n n n n n n n n n H m t
-im E �rN
m m mm mo'mmmmm-1 1 -l°N m z m
°m0w"cI zozzzzw:��°�AFmcN2 r r�i AA�00
i °�ooao ° o°000m �- m-+ z
xz�cccc :OCx1Z1 L1 Ui1cN "m cn <omcl j�y
Ul mydmmmx 2c°Sxxxx"+dmlxjo , zvla v X7 a�,rp`'
r� acAmomo mmoma mmcZirCilpz°V°r�r�� r rp1ti��� fi
m A o'O o< � .o � - A' C�
�r C10".p, a,, mAmpcNil a- la-+mo�m
o°m. a+. cn ticn. -�= r°r° Ar�< `r�yya p3 �1
2� ��ZN� ;a =mxAm /r I�jyAb2� O M
�A rmicnmm<m m D <m£< Ammmr�orl� M� -zib �rR
zna��N� ��� -I 'z t5 iz64
w -� I••I /�
con z�eyom °- a 0olaam , m-4 (Q Z -< < ~ I � � H l 1
AM'M.'(°1 :fl .T7 :i]AZ72 Zo-Am ,-i°j yO �'1
�t am� rn °mvo nx�xrvmi�A •�' I I� F� x
o is o r + W O O
wo °Q+AO 2=913
Z �mm fmTi mmTlm yD m<Lzrn' ° rm
*mD mmm rl mm m rmmmm m n
H Ir
n r �m�� �°im_i�m m-1 {ate nxm Z
R1 z o� o" ` >Mrjncnz co
2 1 rr�mmz I
m vi m by co
9;U 0'_, N00'26'54 "E -�
m e o Mm, r-0L 38.90' 10 �1
v n fTl SI N
vita p (n = m�o�rz*rx -rZ I O z May (n
�O cj m m c° m ° n o a m m= S00'26'54'1N
D O ` � m z ci o m< -0 15-D.E. x24.15' W
;o I 2 z p Zl Z m p ---�1 II O
V�'`IC lU N m m O zolTEi„r -mr-rm I Ov ~ VI O l
Oy r m D O D m r1)ZzC Oil &I
mm
Dm a A r < r oNO� °� wN m I I ID
a N o D '�
b m m < z a CO m J ^
�O� b w m om Z 00 m co Iq
ONN� Ii I�
�i rl fD m co Z I co I
A!b OU � I � ? IQ
no ffm
m c I
p N Z I I to O
WOD�j I IQ I vl J• �'Y
N00' I
25'4 97.26' A <
—
— J I Ib I
A�� - - - - --
� S00'25'49"W 102.74' — J
ro WEST RIGHT OF WAY LINE AIRPORT PULLING ROAD
°ro Z Co S01'09' 14 "W 185.08'
c
o-`
-F3
►�e
Prepared by:
Christopher Marsala, Esq.
Florida Bar No.: 0936766
CARDILLO, KEITH & BONAQUIST, P.A.
3550 East Tamiami Trail
Naples, FL 34112
DRAINAGE EASEMENT CONVEYANCE AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into
on this I 1 day of M 2010, by and between MYERS ENTERPRISES OF
NAPLES LLC whose mailing address is 6381 Airport- Pulling Road North, Naples, Florida 34109
(hereinafter referred to as "Grantor ") and COLLIER COUNTY, apolitical subdivision of the State
of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter
referred to as "County ").
WITNESSETH:
WHEREAS, County has requested that Grantor convey to the County a perpetual, non-
exclusive easement, license, and privilege to enter upon and to install and maintain drainage and
utility facilities on the following described lands located in Collier County, Florida, described in
Exhibit "A" (hereinafter referred to as the "Easement "), which is attached hereto and made part of
this Agreement; and
WHEREAS, Grantor recognizes the benefit to Grantor and desires to convey the Easement
to the County for the stated purposes, on the terms and conditions set forth herein, said terms
including that no compensation shall be due and payable for the Property requested by County.
NOW THEREFORE, in consideration of these premises, the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is here
mutually acknowledged, it is agreed by and between the parties as follows:
All of the above RECITALS are true and correct and are hereby expressly incorporated herein
by reference as if set forth fully below, and all Exhibits referenced herein are made a part of
this Agreement.
2. Grantor shall convey the Easement to County, in a form acceptable to County and at no cost
to the County, unless otherwise stated herein. Said conveyance (Grantor's delivery to County
of a property executed easement instrument) is hereinafter to as the "Closing."
Prior to Closing, Grantor shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Easement upon their recording
in the public records of Collier County, Florida. At or prior to Closing, Grantor shall provide
7A
County with a copy of any existing prior title insurance policies. Grantor shall provide such
instruments, properly executed, to County on or before the date of Closing.
4. This Agreement shall be null and void, and void, and of no fiurther force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this Agreement;
provided; however, that County shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which either remove,
release or subordinate any and all such liens, encumbrances or qualifications affecting
County's enjoyment of the Easement.
5. County shall pay all fees to record any curative instruments required to clear title, and all
Easement instrument recording fees. In addition, County may elect to pay reasonable
processing fees required by mortgagees in connection with the execution and delivery of a
Release or Subordination of any mortgage, lien or other encumbrance recorded against the
property underlying the Easement.
6. This Agreement and the terms and provisions hereof shall be effective as of the date this
Agreement is executed by both parties and shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, executors, personal representatives, successors,
successor trustees, and/or assignees, whenever the context so requires or admits.
7. Conveyance of the Easement by Grantor is contingent upon no other provisions, conditions,
or premises other than those so stated above; and this written Agreement, including all
exhibits attached hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
8. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
above written.
AS TO COUNTY: AID
DATED: Y
ATTEST:
DWIGHT E. BROCK, Clerk
7�IT :1--.�777779 J,"ept
� 1 y
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
M'F
(.A) n X Ci
FRED W. COYLE, CHAIRMAN
U
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
—7 k—J
Assistant County Attorney
Ik- 7 A
MYERS ENTERPRISES OF NAPLES LLC
Y:
Myers, President
N
a �
L
W
AHW�
O
V
Ao`"IC
z
� az
O
H v
W v,
VJ
I,
I'
rQ
Ir'1
P
O
W
a
O
U
J W
q
a
,go's8l M „bL,60.LOS
T NOb '.NIITXid 1MOdXld - - .lY/'1 .� 1tPJIL� 1S3A
*LZO L M.6t,SZ 005 IAA
9z L6 3 6i,SZAON J�� ~`Y�
�I
u
a °I
W3;
MpI
1 �I b,I Z ioN m
V �I aI -0 .42
7A
Ll*
L
c�
�i
C
m2
m U
DU
m
LI Z
OWO>M w 0,0,m0, »» z
,Zi tnV Js NZZZ2UZ N(0/1NN¢O~
bn
00 I
A-0
ZW"ML,�o ¢ a o
Z ypq 1 -.d... WWd
bd2 W,
m Z
H
gQ1N
W
H
Q
W
Z
t7
m
UI
o
z
I z
o
H WZ q2
QI
_=
yI
I
JJJJ
=pW W�.mrp
%'
l�
Y
O
A
aav�
qrl
4404 A w
a
�I
�
I I
NJJmJWUZ
¢
tl
=
�
t<
o
W
�►
�WZ�a
s
TI
CS
o
1'7
I---
ZJ
^_'''
_
LO
I.ST6,9Z005 I
y =W a °emu
p
a
o
J
ZI- iW�oF -W
i
y
Y
nl
06'OC
O�ZOJ4j=�
vpl
a
3
3.YS.SZ.00N
__ q~ W p y= m
W
H
W
o
N
I
p
WZzWRp,
F-
Z
H
I
ZW
OUL.UJ,Z.WY
p
J
p
Z
m
LI Z
OWO>M w 0,0,m0, »» z
,Zi tnV Js NZZZ2UZ N(0/1NN¢O~
wI
A-0
ZW"ML,�o ¢ a o
Z ypq 1 -.d... WWd
bd2 W,
Lh
QZ
j
l,W��,WI WW WW WW WW WW
Oa QU4a'WIiNSS2Z2l�2.Z- ,S2Z2Li2W
U OCN •OW VI Ii ¢F- F- F- i- HOh- J� -1-t -h Ol- Li
�
I
UI
o
z
H WZ q2
VW��W
U
i
¢ 2zL ti
OOcj W
A
aav�
qrl
4404 A w
a
I
Y
F W J ¢
~�y3ao-yrq W WWWW ¢
W¢00.uW3 a Lw W WWa� 3
VD
ZJW QI=7S3W �N�mM .q-. Nm�� �
U0�3R "wv% W osas. 6
f.•�"'V1 qZZ l�l�li� li 411W1�f7�Z
.p oU3NL7Y WW¢Wy 4 W<Owww<7
��%oW=laGW9o� 33W3w W 3W3W�yw
Vl
WW�U ~Zp la.a WNO�:..V m ��Q`(uJZL�
3 �2 JpJ v ^117Q 1!1_ v..Jpp
N�Il7�O O:N �D�U7�7J
=p z- f - N PN¢, N. N, d¢~
03 apz J .iZll
b
h
a�
h
t
ad ad b N
o
O
o
N
U
I
Z
W
W
j
u
2
J
W
ti
W
2
0
a 00
Q 00
W
¢Q24f'q)FWZ�'1=- F1=- ~F=-OH R
x
OWO>M w 0,0,m0, »» z
,Zi tnV Js NZZZ2UZ N(0/1NN¢O~
titi
Zeal
A-0
ZW"ML,�o ¢ a o
Z ypq 1 -.d... WWd
bd2 W,
Lh
QZ
l,W��,WI WW WW WW WW WW
Oa QU4a'WIiNSS2Z2l�2.Z- ,S2Z2Li2W
U OCN •OW VI Ii ¢F- F- F- i- HOh- J� -1-t -h Ol- Li
LJ�
- I.
96'6Z8L M W,OL.00N _ ll_N_OI133S _
01 NGII03S
U
ti P
a ~ �.
3Z
3
O
OV
bW
ti¢4
��202
�yK
2. o:
3�
OF�
�OZ
O
c
D
m
r
3
m
v
O
m
m
w
3
z
c
m
O
X
O
c
O
3
3
m
z
z
v
D
X
m
-1
O
v
v
m
V)
0
x
m
x
a
-.
m n O
� � r
0 ° m
D z
°G'0
c
Z
m 0 0
U) � ;a
D r_ °
° K D
rTjon
m
00Z
�-
°-4
00
- �
m
�G�
zi=m
m
-nyy
O o >
D
O 0 r
- r
?O Om
D z
> � Fn
0 C
z O =
--j KD
r
� r
m o m
X z m
W m O
c ccn m
° z
z m G)
G) D
G)
C.') czi
m z
�
= z
--j
D m O
C) m
D m <
;oT. G)
;u � D
D O C)
�i
r = <
Z m
�Ocmi>
P) D
70
-n D
r-
r—,
m
m
N
m
z
G)
0
z
X
X
-i
x
m
X
z
3
m
1
v
v
M
m
ch
1
�rn
U"
x
z
1
M
n
m
n
O
3
r
m
-1
m
v
0
3
O
z
m
a
00
r
m
r
m
O m
a
x
m CA
m
°-
C
z �
_ 0
m mm
w
O M r
a �
v
O
O
3
O
O
x
m
c
03
m
n
00
m
Z
G)
x
D
v�
F�
G)
m
z
v
D
m
3
r
1.5
CA
m
r
VI
Mm
G)
m
z
n
m
3
z
c
3
co
m
1"
I
2
I