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Backup Documents 09/28/2010 Item #17ACOLLIER 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: 17A Originating Dept/ Div: Engineering Services, Community Development & Environmental Services Person: Stephen Higgins Date: August 25, 2010 Petition No. (If none, give brief description): VAC- PL2010 -817 Petitioner: (Name & Address): Hodges University, Inc., 2655 Northbrooke Drive, Naples, Fl. 34119 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Gavin Gillette, Davidson Engineering, Inc., 3530 Kraft Road, suite 301, Naples, Fl. 34105 Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing s before hearingp a 2010 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other Proposed Text: (Include legal description & common location & Size: Companion petition(s), if any & proposed hearing date: n/a ❑ Legally Required Does Netition Fee include advertising cost? ❑ Yes ® No If Yes, what account should be charged for advertising costs: Rev' ed by: William Lo 00 - zs -Lo,o ision Manager Date List Attachments: 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. kk* kkkkk* kkkkkkkk* kkkkkkkkkkeFkkkkkkkkkkkkkk* kkkkk** kkkkkarkkkkkk* arkkkk> rkk** kkk* kkkkkk * * *eCFkkkkkkkkkkk *kkk *kkk FOR CLERK'S OFFICE USX ONLY: T Date Received. —a,— Date of Public hearing. nn 1 -at'I �! Date Advertised: q-101-10 Owner's within 250 feet of vacation petition VAC- PL2010 -817 CYPRESS WOODS GOLF & COUNTRY CLUB MASTER PROPERTY OWNERS ASSOCIATION, INC. 11691 GATEWAY BOULEVARD, SUITE 103 FORT MYERS, FL. 33913 -7922 PARCEL NO. 00184162602 CYPRESS TRACE RECREATION ASSOCIATION, INC. 12734 KENWOOD LANE, SUITE 49 FORT MYERS, FL. 33907 -5639 PARCEL NO. 00184080001 CH NAPLES HOTEL PARTNERS LLC 2000 MERIDIAN BOULEVARD, SUITE 200 FRANKLIN, TN 37067 -6361 PARCEL NO. 63944000022 NORTHBROOKE WEST PROFESSIONAL VILLAGE LLC 2647 PROFESSIONAL CIRCLE NAPLES, FL. 34119 -8098 PARCEL NO. 63955000024 63955000121 63955000260 63955000367 63955000464 63955000561 63955000668 63955000765 63955000040 63955000147 63955000286 63955000383 63955000480 63955000587 63955000684 63955000781 63955000066 63955000163 63955000309 63955000406 63955000503 63955000600 63955000707 63955000804 PARADISE ROCK LLC 26435 BRICK LANE BONITA SPRINGS, FL. 34134 -5627 PARCEL NO. 63955000189 & 63955000202 63955000082 63955000228 63955000325 63955000422 63955000529 63955000626 63955000723 68567000051 63955000105 63955000244 63955000341 63955000448 63955000545 63955000642 63955000749 17 A J-vj' 17A NORTflBROOKE WEST OWNER'S ASSOCIATION, INC. 2647 PROFESSIONAL CMCE, SUITE 1201 NAPLES, FL 34119 June 15, 2010 Gavin Gillette Davidson Engineering 3530 Krafft Road, Suite 301 Naples, FL 34105 Re: Hodges University easement vacation Mr. Gillette, We are in receipt of your May 25, 2010 letter regarding the proposed drainage easement vacation for Hodges University on "Tract B" of the Northbrooke Plaza plat, as evidenced in the Plat Book 31, Page 66, of the Public Records of Collier County, Florida. Please accept this letter in support of the easement vacation request. We acknowledge that Collier County requires our approval as an adjacent property owner and we have no objection to the proposed easement vacation. Signed: O Keith Gel er, Officer Date Northbrooke West Owner's Association, Inc. EXECUTIVE SUMMARY 17A ••y Recommendation to approve Petition VAC-PI-2010-817, HODGES UNIVERSITY, to disclaim, renounce and vacate the County's and the Public's interest in a 40 -foot wide drainage easement over Tract-B, on the plat of Northbrook Plaza, a subdivision according to the plat thereof as recorded in Plat Book 31, pages 65 and 66 of the Public Records of Collier County, Florida, situated in Section 19, Township 48 South, Range 26 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 a 40 -foot wide drainage easement over Tract-13 on the plat of Northbrook Plaza, a subdivision according to the plat thereof as recorded in Plat Book 31, pages 65 and 66 of the Public Records of Collier County, Florida, situated in Section 19, Township 48 South, Range 26 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-2010-817, HODGES UNIVERSITY, has been received from Gavin Gillette of Davidson Engineering, Inc. as agent for the Petitioner, Hodges University. This vacation request is intended to vacate an existing 40 -foot wide platted drainage easement that would have contained an opened air swale no longer necessary in the platted location and replace it with a 15 -foot wide drainage easement with underground storm pipe in a more convenient location for development of the Tract. Letter of no objection from abutting property owners have been received from all who responded, those who elected to not respond have been verified of delivery with certified mail receipts from the US postal service. This easement was dedicated to Collier County and Northbrook Plaza Commercial Association, Inc., a letter of vacation acceptance and no objection has been received from Northbrook Plaza Commercial Association, Inc. 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. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. 17A 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. Oro) RECOMMENDATIONS: Adopt a resolution vacating the County's and the Public's interest in a 40 -foot wide drainage easement over Tract -B on the plat of Northbrook Plaza, a subdivision according to the plat thereof as recorded in Plat Book 31 pages 65 and 66 of the Public Records of Collier County, Florida, situated in Section 19, Township 48 South, Range 26 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, and to make proper notation of this vacation on the recorded plat as referenced above. PREPARED BY: Stephen A. Higgins P.S.M., Land Surveyor Land Development Review Services, Growth Management Division, Planning and Regulation 17A " RESOLUTION NO. 10- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC-PI-2010-817, HODGES UNIVERSITY, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A 40- FOOT WIDE DRAINAGE EASMENT OVER TRACT -B ON THE PLAT OF NORTHBROOK PLAZA, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 65 AND 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALL SITUATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE SPECIFICALLY DEPECTED ON EXHIBIT "A", AND ACCEPT THE REPLACEMENT DRAINAGE EASEMENT DEPICTED AND DESCRIBED ON EXHIBIT "B ". WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, Hodges University has requested the vacation of the County's and the Public's interest in a 40 -foot wide drainage easement over Tract -B on the plat of Northbrook Plaza, a subdivision according to the plat thereof as recorded in Plat Book 31, pages 65 and 66 of the Public Records of Collier County, Florida, situated in Section 19, Township 48 South, Range 26 East, Collier County, Florida, and being more specifically depicted on 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 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 the platted 40 -foot wide drainage easement as specifically depicted 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. 17A 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 vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2010. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: By: Steven T. Williams — -5-6d -7121Id Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN 2W 0 a o� O ti 2 m Z m y a 0 O n a x O 2 r 0 m a c> 20 �a m� �m r ec a� � y m om o2 �f^ c y Oa Nm v Um �2 m _ n o Ao m � C A �C jx -i Cm oO� D h�i n D m 0 a DRAINAGE EASEMENT O.R. BOOK 365 PAGES 414 -415 00'65. 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D-u r0 O 0 rn Z DO OZ r Z A0O Z O�Zp 0 �_Dnm�A�� oZy m y O �� 0m- =Cm>Sm Z Co�oF�Zo�O= rn OO MO� o W m <m DZz m m WO DD mOWD O-< Oy--i O � ° C,m D 0 0r Ln n A U t°o m A �Z� D O J° F, C= Om 0 m (O ) m A O W S CD> OVI8 ACn OSm OO cz>Dm m m�tOrO- n�moOm -9 0 ( C- CCm�G7DO mm SA A D W° = m ,= V Z�"A m C -i D-o T�7 °.r> ciZOz> m()I D A O CO.< S z. m Dmmz0 won m m O 0 o m m° A o zo n rn 0 -1 -1 m -0 09 0- m o m� D °� r O O n D�DOD D..T= D��Z =(Nip ;D OD-0, mco- o' cz>� m o M m0D �D nm,COZVO oT° OO�D�O�i? 17A 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 day of 2010, by HODGES UNIVERSITY, INC., a Florida not - for - profit corporation, as GRANTOR, whose address is 2655 Northbrooke Drive, Naples, Florida 34119 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). WITNESSETH: WHEREAS, Grantor is seized in fee simple and in possession of Tract B, Parcels 1 and 2, Northbrooke Plaza, according to the Plat thereof, as recorded in Plat Book 31, Page 65 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 WHEREAS, pursuant to the dedications set forth on the Plat, the public has the perpetual right to use for drainage purposes, a forty (40) foot strip of land which bisects Parcels 1 and 2, as depicted on Exhibit "A' attached hereto and made a part hereof; and WHEREAS, Grantee has determined the public does not and will not in the future, use said forty (40) foot strip of land for drainage purposes but rather, may require a fifteen (15) foot strip of land for drainage purposes; and WHEREAS, Grantor desires to obtain the Grantee's consent to the vacation of the entire forty (40) foot strip of land for drainage purposes; and r 65233396.1 17A WHEREAS, Grantee has no objection to the vacation of the public's right to use the forty (40) 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 forty (40) 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: 1. The above recitals are true and correct and by this reference are incorporated herein. 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. 6. Subject to the foregoing, Grantee hereby consents to the vacation of the forty (40) foot strip of land lying between Parcels 1 and 2 of Tract B for drainage purposes, as depicted on Exhibit "A" attached hereto and made a part hereof. 65233396.1 17A IN WITNESS WHEREOF, the Grantor and Grantee have caused these presents to be executed the date and year first above written. Signed, Xaled and delivered HODGES UNIVERSITY, INC. in a rese a not -f profit corporation Witness #1 y: TE Y . MCMAHAN Its: President Typed or printed name /��.� 1�! Witness #2 3hirle M-14 corn Typed or pr nted name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Witness #I By: As: Typed or printed name Witness #2 Typed or printed name 65233396.1 17A STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me thi95;�� day of a 2010, by TERRY P. MCMAHAN, as President of HODGES UNIVERSITY, INC., a not- for-profit corporation, and who produced 902-a-an nt aill(f trwRype 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, Ny My Commission Ex iref p s aSaturq "S, #DD627222 (Typ e or print name otary) -0�1�"Ougj STATE OF FLORIDA BLIC COUNTY OF COLLIER lilIM0 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—) 65233396.1 W 6 n� Q9 C �Yyye i bTnrA A.- m it VW N p �i EXHIBIT q N ti h � f F � I tir a� it W 3� 2 IWn D 1.1 NCI ZW FyZjW 2i WIJ� Q OUpNWWXp y =Y.zVUi 61N • c OO�FK41Q rL 0. zooJda O my ,J OCCYIYJmmU 26 -06 42 '0'd —I- - — — �— — - - — (ldn -0 -1 Mold Aar) n - - - - - -- a gnu----- +---------- - - - - -� 3AM03�00lf9K11lON � o= 1 r- V 2S 1�1] ¢,n U U N < tl O W I Y I I ) <¢ 2 L O Ts J W 3 W Z a j W n I q 4 I n--� a Us Q f = I 1 �W�jj W 68 TO W U 14 'c..l W W¢ NW .t= W = W� dr 1 1 ry' n � 1 4 1 W 6 n� Q9 C �Yyye i bTnrA A.- m it VW N p �i 4Y q N ti h � f F � I tir a� it W 6 n� Q9 C �Yyye i bTnrA A.- m it VW p �i 4Y 1 � W 6 -X N - -- -- 1----- - - - - -- - -1" 4i- - N I 1 � ~ 1 1 t e 'I^ 1 � �V 1 + � W � i e + i � 4 1 + 1 • ; 1 1 W � 1 ------------------ - - - --- 1 _ - -._- ---- ---- -------- -- -- i- - l' cll 6r1 -Hr TJVd 99c xw! 7f0 - - — - - — - - — �— 11V31Y35Y3 30�YNfd!/0 - - -- 1-7-A CU 'D x a Q c g O J Q y w W V= v m 2 FZ O y w Q 'N, rVr� w Y/ V O J Q W ~O Ed z $c� 4 �4a U Q 2 O A U 2 ca W SVX ;he svm Ca 4 � W ~ m i1 q r = o U � in �O 0 a V S L Q, 4l t L a o ti y � 4 G J J iN 1 � O I I ih o� 10nnv 'TTVV 'JI r",7A,-1 T�TT I— —^ — vTr • ns-. aw 0 a o� O i a m m a 0 n a r 2 O Z O m 2 !n !n Z O D n r rN 0y Ao �� T. °~ CU:�D ra O� cjC Oy z° ma r �� na �~ o om �7j� ar �a a b � m � A az _ � m n Rl fiAD a i o g° A °v O a cai-DO c(noo nCD� mmw II II II It II 11 G) >o 0o zN -1 cn nwn m Or D (n 00 0 pU) XmMOww 0;uzmm O D0D M rZLO 00 0zZ C Z L7 w ;0 G1 O O { O bDP, m .W §2 • mo ml Vr ID .a D M]w — CD 0J o CD O_ n O.. O 3 t0 r �1y0 2 z o'^ C) o I'r) apOCn I Sol az� a� M tZ I W I� I s i 1 e DRAINAGE EASEMENT O.R. BOOK 365 PAGES 414 -415 N acnac^,1v�� rvUNa. Iv cn 2 z tnbOV VO1 �oWOV�o10� D w lvobo�vv W �wntw�lu a W W N4tn A O O O p O w (n000�CO O �o m .Tl W Tl AD NOS ICU D N 1 o � 0 O G) A c D z v = r D o rl o cf) D r m N 0 i. 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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 a 0 day of IL ' V 2010, by FIFTH -THIRD BANK, an Ohio corporation, authorized to transact business in the State 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 Open -End Mortgage and Security Agreement dated April 20, 2004, recorded on April 26, 2004, in O.R. Book 3549, Pages 1385 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 "). 65233590.1 17A 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 forty (40') foot 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 forty (40') 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 ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in the drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under and across the Easement Property or the drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. 65233590.1 17A W WITNESS 'WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered In our presence as witnesses: EW STATE OF FLORIDA COUNTY OF COLLIER FIFTH THERD BANK, an Ohio Corporation authorized to transact business in Florida By: lk� J-&-i-�- Its: V1 ce- The foregoing Subordination, Consent and Joinder was acknowledged before me this j�'pA-k day of 2010, bye, p, ,hS, I as V i E Air�,�1en1 of FIFTH THIRD BANK, an Ohio corporation authorized to transact business in the State of Florida, who executed said Drainage Facilities Subordination, Consent and Joinder freely and voluntarily for the uses and purposes therein express, and who is personally known to me or has produced a (driver's license /photo identification) as identification and (did/d2- did/did not) take an oath. �� ��,. Notary Public (SEAL) Michele L. `Heir Printed Name My Commission Expires: q- L �- - tq My Commission Number is: _L 0 C) 5 9 bS (� MICHELE L. WEIR Notary Public - State of Florida y Comm. 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Ra �h o0 U • � � n � W n J A ni � a4;o t o °o V t N J N -- �tl a S° -of• Sow cr I'mr wo d i- 3(00H 'IIVN R9S'I'10O INT bens PTC asz vv.r as-an bnn7,o7i7n om ��< W pig0h a �i� oAl a F ae F i_ �Q b�V QQ� w S ^a 4 0 ,�0 EXHIBIT to last T � tll i ;s g ffi S � A [° Q !gin Y �3$ t, z 8� $ fill �- 'h I _ W 2^ $zI m x� $m cr a� ssIL MG. IL o 4i aa 0 ,f it l Q 17A 17q RESOLUTION NO. 10- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC- PL2010 -817, HODGES UNIVERSITY, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A 40- FOOT WIDE DRAINAGE EASEMENT OVER TRACT-13 ON THE PLAT OF NORTHBROOKE PLAZA, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 65 AND 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALL SITUATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 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, pursuant to Section 177.101, Florida Statutes, Petitioner, Hodges University has requested the vacation of the County's and the Public's interest in a 40 -foot wide drainage easement over Tract -B on the plat of Northbrook Plaza, a subdivision according to the plat thereof as recorded in Plat Book 31, pages 65 and 66 of the Public Records of Collier County, Florida, situated in Section 19, Township 48 South, Range 26 East, Collier County, Florida, and being more specifically depicted on 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 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 the platted 40 -foot wide drainage easement as specifically depicted 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. 17A 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 vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2010. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: By: Steven T. Williams — Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN 17A Acct. #068783 August 31, 2010 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: VAC- PL2010 -817; Hodges University Dear Legals, Please advertise the above referenced notice on Sunday, September 12, 2010 and again on the following Sunday, September 19, 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 17A 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, September 28, 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 -817, HODGES UNIVERSITY, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A 40 -FOOT WIDE DRAINAGE EASEMENT OVER TRACT -B ON THE PLAT OF NORTHBROOKE PLAZA, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 65 AND 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALL SITUATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE SPECIFICALLY DEPICTED ON 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 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. F5 I 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 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) �Cotqn o -f6Hier 17A CLERK OF THE RC IT COURT Dwight E. Brock COLLIER COUNTY .SOUR ] =IOUSE Clerk of Courts 3301 TAMIAMI IL EST Clerk of Courts P.O. BOX 4 3044 Accountant NAPLES, FLORIDA�4101 -3+44 Auditor �.j 1 Custodian of County Funds August 31, 2010 Hodges University, Inc. 2655 Northbrooke Drive Naples, FL 34119 Re: Petition VAC- PL2010 -817; Hodges University Petition to Vacate a Drainage Easement Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Sunday, September 12, 2010 and again on the following Sunday, September 19, 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.collierelerk.com Email: collierclerk @collierclerk.com 6f-O ier CLERK OF THE g C Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI P.O. BOX 41: NAPLES, FLORIDA August 31, 2010 Gavin Gillette Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Naples, FL 34105 101- T COURT OUSE Clerk of Courts ST Accountant Auditor Custodian of County Funds 17A Re: Petition VAC- PL2010 -817; Hodges University Petition to Vacate a Drainage Easement Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Sunday, September 12, 2010 and again on the following Sunday, September 19, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK OLUQ 0%f d*t'1--' - Ann Jenn De puty Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com 17A nt,_o111er CLERK OF THE jRC�IT COURT Dwight E. Brock COLLIER COUNTY iCOURIHOUSE Clerk of Courts 3301 TAMIAMI TAIL Eta ST Clerk of Courts P.O. BOX 4,3044 Accountant Auditor NAPLES, FLORIDA 4101 -3044 Custodian of County Funds August 31, 2010�_,� Cypress Woods Golf & Country Club Master Property Owners Association, Inc. Parcel No. 00184162602 11691 Gateway Boulevard, Suite 103 Fort Myers, FL 33913 -7922 Re: Petition VAC- PL2010 -817; Hodges University Petition to Vacate a Drainage Easement Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Sunday, September 12, 2010 and again on the following Sunday, September 19, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK tCJ_C Ann n Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com Dwight E. Brock Clerk of Courts August 31, 2010 _M 17 A nty.,of 61lier CLERK OF THE CRCIT COURT COLLIER COUNTY OUR ,HOUSE Clerk of Courts 3301 TAMIAMI AIL EX ST Accountant P.O. BOX 4' 3044 NAPLES, FLORIDAA'4101 -344 Auditor Custodian of County Funds Cypress Trace Recreation Association, Inc. Parcel No. 00184080001 12734 Kenwood Lane, Suite 49 Fort Myers, FL 33907 -5639 Re: Petition VAC- PL2010 -817; Hodges University Petition to Vacate a Drainage Easement Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Sunday, September 12, 2010 and again on the following Sunday, September 19, 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 CLERK OF THE C -11 Dwight E. Brock COLLIER COUNTY;C Clerk of Courts 3301 TAMIAMI'�R P.O. BOX 4f,,: NAPLES, FLORIDA August 31, 2010 CH Naples Hotel Partners, LLC Parcel No. 63944000022 2000 Meridian Boulevard, Suite 200 Franklin, TN 37067 -6361 I ier T COURT Re: Petition VAC- PL2010 -817; Hodges University Petition to Vacate a Drainage Easement Dear Property Owner: 17A Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Sunday, September 12, 2010 and again on the following Sunday, September 19, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK kw- -'-" c. Ann Jennea',' Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com 17A ont oocllier CLERK OF THE EURTHOUS C : IT COU RT Dwight E. Brock COLLIER COUNTY E Clerk of Courts 3301 TAMIAMI AIL EXST Clerk of Courts P.O. BOX 4 3044 Accountant Auditor NAPLES, FLORIDA`4101 -3044 )11 2 Custodian of County Funds August 31, 2010 Paradise Rock, LLC Parcel No. 63955000189 & 63955000202 26435 Brick Lane Bonita Springs, FL 34134 -5627 Re: Petition VAC- PL2010 -817; Hodges University Petition to Vacate a Drainage Easement Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Sunday, September 12, 2010 and again on the following Sunday, September 19, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann J o , Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com 17A � nt ..ofW� flier CLERK OF THE RCj�JIT COURT COLLIER COUNTY COURTHOUSE Dwight E. Brock Clerk of Courts Clerk of Courts 3301 TAMIAMI'AIL EAST Accountant P.O. BOX 41;3044 NAPLES, FLORIDA' 4101 -3044 Auditor ?e Custodian of County Funds August 31, 2010 Northbrooke West Professional Village, LLC 2 647 Professional Circle Naples, FL 34119 -8098 Re: Petition VAC- PL2010 -817; Hodges University Petition to Vacate a Drainage Easement Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 28, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Sunday, September 12, 2010 and again on the following Sunday, September 19, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK allU - Ann Jen , Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk @collierclerk.com NORTHBROOKE WEST PROFESSIONAL VILLAGE LLC 2647 PROFESSIONAL CIRCLE NAPLES, FL. 34119 -8098 PARCEL NO. 63955000024 63955000121 63955000260 63955000367 63955000464 63955000561 63955000668 63955000765 63955000040 63955000147 63955000286 63955000383 63955000480 63955000587 63955000684 63955000781 63955000066 63955000163 63955000309 63955000406 63955000503 63955000600 63955000707 63955000804 63955000082 63955000228 63955000325 63955000422 63955000529 63955000626 63955000723 68567000051 63955000105 63955000244 63955000341 63955000448 63955000545 63955000642 63955000749 17A 17A Ann P. Jennejohn To: Naples Daily News Legals Subject: VAC- PL2010 -817 Hodges University Attachments: VAC- PL2010- 817.doc; VAC- PL2010- 817.doc Hello, Please advertise the attached on Sunday, September 12, 2010 and again on the following Sunday, September 19, 2010. Thank you. Ann Jenne john, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Ann P. Jennejohn 17A From: postmaster @collierclerk.com Sent: Tuesday, August 31, 2010 2:21 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT145744.txt; VAC- PL2010 -817 Hodges University 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. Iecials @naplesnews.com 17A ' Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Wednesday, September 01, 2010 10:18 AM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS11 D5.jpg ATTACHED please REVIEW notice & confirm APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. PUB. Dates SEPT. 12 7 19, 2010 Publication NON Ad Number 1867291 Total Ad Cost $451.47 Emely Pagan 239 - 213 -6061 NOTICE 017'PUBLIC HEARING TO CONSIDER RESOLUTION 17A 1,otice Is hereb given that the Board ofC.ounty CommIstioners. of Collier Cotinly ,411 hold a pub is hearin�,on Tuesday, September 28, 2010 In the Boardroom, 3rd r I tour, Adm n"Isir-atlan Bu ldfng Collier Co'unty Government Center, 3301 East Ta- ifarrif Trail, Naples, Florida. T6'e meeting, will begin at 9:00 A.M. The title of the iroposed Resolution is as follows: � RESOLUTION OF THEE BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNITY. LORID►, RELATING TO PETITION VAC-PL2010-817, HODGE5 UNIVERSITY, TO D15- 1AIM. RENOU'NICE AND VACATE THE COUNTY'S ANC THE RUBLIC'S INTEREST IN A D-FOOT WI DE DRAINAGE EASEMENT OVER TRACT-B ON TH E PLAT OF -NORTF1- ,ROOKE PLAZA,,A, W11DIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED THE PUab,C RECORDS OF COLLIER COUN- NI PLAT BOOK 31, PAGES 65 AND 66 OF T Y. FLORIDA, ALL S ITUATEb, IN SECTION �19, TOWN-SH 11P 4`8, SOUTH, RANGE �15 EAST, :OWERCOUNTY, FLORIDA, AND BEING MORE sncir-WALLY DEP[CTE0 ON EXHIBIT A", AND ACCEPT THE REPLACEMENT DRAINAGE EASEWNT.DEPICTED AND DE- CRIBED ON EXHIBIT 111311, -opies of the proposed Resolution are on file with the Clerk to the Board and are vaillabile for inspection. All interested parties are invfted To attend and be heard. 1,0'fE-- All Persons wishing to speak on any,agenda item must register with the ,ounty Administrator prior to presentation' of`t4e agenda item To be addressed, icrividual spleakers,will be limited to 1 minutes on any item. 'The selection ref arl Irl- lividual To speak on behalf of an organization or,group is encourand. , If recog- ,ized by the Chair, aspokesperson fcir a group or organization may e allotted 10 Brutes to speak on an item. 'ersons wishing, to, have written orgraphic materials included Intheward agenda iatkets must submit said material a minimum of ,3 weeks prior to The respective, tubl 1c.hea ring. In any case, written maTerials,"intended to be considered by the ,oard: shall be submitted to the appropriate - County staff a minimum of seven days irior To the public hearing- All material used in presentations before the Board ,till become a permanent pan of the record. %ny person who detides, to appeal a decision of the Board %jN-i I I need a record of the 1170ceedings perTainin? thereto, and Therefore, may need to ensure that a verbatim * ecord of e proceed ings is made,. which record includes the testimony and evi- lence upon which the appeal is based, :. you are a erson with a disability who needs a ny accommodation i n order to par- [cipate in Tis proceeding; you are entitled, at, no cost to- you, to the provision of ertain assistance. Piea-secontact the Collier County I acflfties Management Depart- ,ient, located at 3301 Tamiiami Trail East, Building W, Naples, Florida 34112, 1; 39) 52-78380. Assisted listening devices evices for the hearing impaired are available in the ,ounty Commissioners' Office. -OARD OF COUNTY, COMMISSIONERS TOWER COUNTY. FLORIDA RED W, COYLE, CHAAMAN )WIG-HT E. 8-,ROCK,.CLERK V: Ann Jennefohn, Deputy, Clerk iEAL) eptlem ber 12 & 19, 2010 001867291 17a 4 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, September 01, 2010 11:36 AM To: 'Pagan, Emely' Subject: RE: Ad Confirmation Looks good......... but a teeny -tiny part of the left side is kind of cut off. Is that just the way it looks when it comes via an e-mail? - - - -- Original Message---- - From: Pagan, Emely [mailto:EPagan@Naplesnews.com] Sent: Wednesday, September 01, 2010 10:18 AM To: Ann P. Jennejohn Subject: Ad Confirmation ATTACHED please REVIEW notice & confirm APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. PUB. Dates SEPT. 12 7 19, 2010 Publication NDN Ad Number 1867291 Total Ad Cost $451.47 Emely Pagan 239 - 213 -6061 Tracking: 17A Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Wednesday, September 01, 2010 1:22 PM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS18A9.jpg Here we go, see if this works for you. Thank you for placing your ad. Date 09/01/10 Ad Number 1867291 Total Ad Cost $451.47 Emely NOTICE OF PUBLIC HEARING, TO CONSIDER RESDLUTION 17A Notice Is hrel . gig ta the Beard Caur�tr Comrx7issiorrs Cillir Cca��r�t will held ,ii4c Fr grin an Tuesday, September 28, 2010 ini the Boardroom, gird Floor, Adminis-tration Building, Collier COUn' t GoIverr�ment Center, 3301 East Ta- Miami Trail, Naples, Florida. The rneet ig M, bemgin at 9 *00 A.M. The ti 'A1p of the proposed Resolution is as, follows- A RESOLUTION OF THE BOARD Of COUNT`t COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC-PI-2010-4817, 7, H DGES UNIVERS IT Y, TO DIS- CLAIM, RENOUNCE AND VACATE THE COUNTY'$ AND THE PUBLICS INTEREST IN A 40-FOOT WIDE DRAINAGE EASEMENT OVC1. TRACT-B. ON THE 'PLAT "0-F'NORTH- BROOKE PLAZA, A SUBDIVISION ACCORDING, TO THE FLAT THFREOF S RECORDED IN FLAT BOOK 31. PAGES 65 AND 66 OF THE PU BLIC RECORDS OF COWER C UN- TY, FLORIDA, ALL SITUATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING P40RE SPECIFICALLY DEPICTED ON EXHIBIT MAIO, AND ACCEPT THE REPLACEMENT DRAINAGE EASEMENT DEPICTED TED ND DE- SCRIBED ON EXHIBIT „Bs F, !Copi.e5 of the proposed Resolution are ;ern file with thp Clerk to the Board and are available for inSpe'tticsn. All interested parties ,ire invited to attend and be heard. NOTE, All Purrs its wishing to speak on gfiy agenda item must register With the CouritV Administrator prior to pre entation of the agenda item to be addressed. individual speakers will be limited tb 3 rr unites oi't and item, The seler t1for of an in- dividual to'speak on behalf of an `organization or group i's�encouracied. If recog- nized by the Chair, a spokesperson For a grOUP or ai'~ganizatio'n ipay ire allotted 10 rrnioutes to speak an an item. Persons wishing to have wriften or graphic materials included in the Board agenda packets must sUbrrrltt paid material a minimum of 3 Weeks prior to the respective public hearing. in any case, written MaTeri�ls Intended do be considered by the Beard Shal l be submitmd to the appropriate Count �1af� a r�ir�in�t�rn �f se en day prior to the public Dearing. All material used In presentations before the Board w lI bexor ee a permanent part of to reword Any per'S -Oh Who decides to appeal o decision of the: Beard will reed a roc rcl of the proceedings pertaining thereto and therefore, may need to ensure that a erbatirn record of the proceedings Is made whleh re=d includes the to Limon an- d evi- dence upon which the appeal 1s based, If you area �rersori rith.a disahilityr who needs any accorr�rrrio ation Irr orijer° to par tic;i pate In this proceeding; you are entl!tled, at no cast to you, to the provis. on of certain assistance. Please`contact the (oilier County Facilities Mainagemertt Den ark -. Ment located at 331 1 'Tarrrian i Trail East, Wlding +'°, Maples, Flariaa 341.12, 39) 2.52 -8380. Assisted listen nal devices for the hearing it palr•ed are available in the County C rnmissloners' OfFice._ BOARD OF COUNT' COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COY'.LE, CHAIRMAN DWI HT E. B ROCK, CLE B K By: Aran J nnelohll , Deputy Cleric (SEAL) September 12 & 19, 2010 Nol$67291. NAPLES DAILY NEWS Published Daily Naples, FL 34110 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 copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 2 times in the issue on September 12 & 19, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affi t) Sworn to and subscribed before me This 22nd day of September, 2010 of notary public) KAROL E KANGAS Notary Public - State of Florida My Comm. Expires Jul 29, 2013 Commission # DD 912237 17A itarrCE of vireuc �,'r'�" t � ad , yr++ tnrt , MWl bgln 4gwe tore of ORIGINAL DOCUMENTS TS CHECKLIST & ROUTING SL ' ME� �T IPtO ACO TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO In C THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU R Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. Thl7ekuling i1# nd original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 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 GMD Planning & Regulation/Operations (Initial) a 2. 1' Agenda Item Number / 3. %CM G� 0 4. by the Office of the County Attorney. This includes signature pages from ordinances, umber of Original 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners ocuments Attached 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 =; FL Phone Number g Contact s/ ` 1 t�Z (Initial) �6 Agenda Date Item was 1' Agenda Item Number / Approved b the BCC %CM G� 0 Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, umber of Original Attached -� — ocuments 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 C0si Gell) t- -- 13 1 — 136327— 4, 4°t630 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I . 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 N 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 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 Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain *1 time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 91allio (enter date) and all changes made during the meeting have been incorporated to the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 C0si Gell) t- -- 13 1 — 136327— 4, 4°t630 17A '' �� MEMORANDUM Date: October 15, 2010 To: Stephen Higgins, County Surveyor Engineering & Environmental Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2010 -189: Recorded VAC- PL2010 -817 Subordination, Consent & Joinder and Drainage Easement Attached for your records, are copies of the recorded documents, referenced above, (Item #17A) adopted by the Board of County Commissioners on Tuesday, September 28, 2010. I have also included an original Affidavit of Publication. The Minutes and Records Department will hold the original resolution and accompanying documents in the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachment 17A RESOLUTION NO. 10- 189 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC- PL2010 -817, HODGES UNIVERSITY, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A 40- FOOT WIDE DRAINAGE EASMENT OVER TRACT-13 ON THE PLAT OF NORTHBROOK PLAZA, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 65 AND 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALL SITUATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE SPECIFICALLY DEPECTED ON EXHIBIT "A ", AND ACCEPT THE REPLACEMENT DRAINAGE EASEMENT DEPICTED AND DESCRIBED ON EXHIBIT "B ". :0 0 ,;u M ro 0 Wm=0 °oa °tOD C ;u ° N 0 M A N N o G) n A �o n m n a c 0 C WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, Hodges University has requested the vacation of the County's and the Public's interest in a 40 -foot wide drainage easement over Tract -B on the plat of Northbrook Plaza, a subdivision according to the plat thereof as recorded in Plat Book 31, pages 65 and 66 of the Public Records of Collier County, Florida, situated in Section 19, Township 48 South, Range 26 East, Collier County, Florida, and being more specifically depicted on 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 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 the platted 40 -foot wide drainage easement as specifically depicted 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. 17A 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 vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this day of < crnb� , 2010. DATE: 10-1-3-010 ATTES, D ,18HT.E.' BRQ,, K, CLERK Appj -as rm and legal suffice ncy. By: , A= Steven T. Williams — 5 -LJ -7/211d Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA a_ _L w. By: FRED W. COYLE, CHAIRMAN Y. \CONS7'\intemational collegelnaples12010, 427.dwg, Model, 527/2010 2.1326 PM, 1.120 20' --I v ZO o o DRAINAGE EASEMENT O r p y m n Z O.R. BOOK 365 PAGES 414 -415 rn- z ` til ' � OC) I "D C) x n Q) Q n DI A A omo �i. n Opp n rnZ W X00 Dm� --a�0 WTZ r- 0 O (OmOO O0A aw'Q�� I m0�ZJ m� =m-i� >�m�OO� �mn =m ZzC) -i -� �I -<rW D to O N no O a �-)- p rr S .. 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Z = .� O O Fn Li Z -lprmt DC�orm*ImV)Z o ;U Cf) > z _vicz -<0�a X) �p Ch I mOT7 W o D Ocn �cn0 z�A W 0 0 C/1 i 0 0 �m'ro o D S 0= =-i u z-< Z 2;;o S U N 0 m C- Ui Cl) r- O CO - p I O --I C) m D O (li = '< � r- y D m D W TI�,DmDp� 0 �m0 Q c)rn0 - a =�C00 Zo C �1 Om O m 0-n D O D m D D = O ZE (D O C) S CD O CD O 0 0 0 r O n N ,P a Jog 35., 341.18. O 0 .ZJ z r D C) N -1 O o O D r m N A O O W � O -I OS Z = 0� DDO 0 MmmmmrTmom��lzoo D;:J -im r- 0m =m m zO -m i M DU 0O� ;ZDZN D z O0 h Cn' = Z (, �7 f m O m D m ()OOm0z O m r -o pD Z ZC:)Ln 0m,pz9 m Ocn m O xmo jcmcnom OmD � m (�not> n --ice N �m mD W o = '_ +z pcCU,�mo�D A A omo ;=L0om000ycrnD �0z o n rnZ W X00 Dm� --a�0 WTZ r- 0 O (OmOO O0A V(,,-C mm0n>Zo D _Oa D Z m� —i '-+ X) O —D m0�ZJ m� =m-i� >�m�OO� �mn =m ZzC) -i -� m .U� nOzomcn m . S A O 0 O -<rW D m zm D Z -i O m m D D �r=nm(n Om -i r�Z O a �-)- p rr S .. Z = .� O O Fn Li Z -lprmt DC�orm*ImV)Z o ;U Cf) oo= D z _vicz -<0�a X) �p C) D_- Ooccpor-�rzi mm0f=rlmO=mc mOT7 W o D Ocn �cn0 z�A W 0 0 z�0 C) �m x m� O r p m v m C�CmvG)DO0 0 0 �m'ro o D S 0= =-i u z-< Z 2;;o S U N 0 m C- Ui Cl) r- O CO - p I O --I C) m D O (li = '< � r- D Z D D m D W TI�,DmDp� 0 �m0 O m0 W x --im O�omcn o�umz , c)rn0 - a =�C00 Zo C �1 Om O m 0-n D O D m D D = Z A S CP-<<D� T ZZ D -�i=W� -< _� m co - 0 C) X m• O CD > D O W Z m 0 O ;00 r m 0 0 O O W D D MOM C� n W= ZmvlC 6o �mm —i --♦ m arm m D cep O r O D D Z - r C o, D Cl) C) m m r Z �C) D -i UnN m m z 2 D 0 D O " , �2Z -X �m -K°oLl �naan� o �2m ZIACADRI4\ DWG \CONSlli� collegeVoeples\2010- 214.dwg, Mo&l, 3/26/2010 2:50 22 PM, 1:120 O� a o� b m i a m s a 0 0 n x a O Z Q) a 4 2 !n !n Z O 1 c m a rN Q v a oo n 0 �0 8co z Ma Ln g m cc ay A-4 o �Z m om �� 2 2 1n CA V b� V2 m m a °°= m �p M� v= (3 m% a a C c� Lo M A a o ~ 61 snms m v m a 105 O �C) W� a r 0 a -a-oo -0 vw Uom� K mm lion n Nn C)n -no�ZLh oppp to OD �N m't1 in pr DN Nm mO CD CO � �> g> Z_ U1 CZz 0 Q0 f7 O O O 0 O (p O C) O N N O tV vz m u� -00o00 N X~ 10 U D �D O OS � D O v vm U O Z c Z z; Z U m =+ C) v DRAINAGE EASEMENT O.R. BOOK 365 PAGES 414 -415 tA f!t% o,UacaN�� !V �n N ;► IV N 2 Z Cn 1o0V VO cam 1o40v,g0 yi D w r 221nyHCn m ti O b O N V� ciW WcSCh a c.�=v4ro4cn A 0pp0owi Cn000U� L1 2 C,3 Fri C�y� R1 u ui O�� � r � Z ZO© ton k"► r � � I � O Z O 000 C) � C11 y Z Z 1 e 2 rq O � I rq I. I (A Cl1 �1 0 >C O v II T O (p O C) O N N O tV vz m u� -00o00 N X~ 10 U D �D O OS � D O v vm U O Z c Z z; Z U m =+ C) v DRAINAGE EASEMENT O.R. 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VOLPE, ESQUIRE ROBINS, KAPLAN, MILLER & CIRESI LLP 711 Fifth Avenue South, Suite 201 Naples, Florida 34102 17A VAC- PL2010 -817 REV:1 HODGES UNIVERSITY DATE: 5/4/10 DUE: 5/18/10 C. 1 INSTR 4482792 OR 4612 PG 1415 RECORDED 10/6/2010 2:43 PM PAGES 5 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $44.00 SUBORDINATION, CONSENT AND JOINDER THE SUBORDINATION, CONSENT AND JOINDER given this 16 day of 2010, by FIFTH -THIRD BANK, an Ohio corporation, authorized to transact business in the State 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 Open -End Mortgage and Security Agreement dated April 20, 2004, recorded on April 26, 2004, in O.R. Book 3549, Pages 1385 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"). 65233590.1 17A '" 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 forty (40') foot 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 forty (40') 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. 65233590.1 17A 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: STATE OF FLORIDA COUNTY OF COLLIER FIFTH THIRD BANK, an Ohio Corporation authorized to transact business in Florida By: t64 Its: Vt The foregoing Subordination, Consent and Joinder was acknowledged before me this G'p day of � � 2010, by �,,; �hS as of FIFTH THIRD BANK, an Ohio corporation authorized to transact business in the State 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/&d-not) take an oath. Notary Public (SEAL) Michele L. Weir Printed Name My Commission Expires: q - l � - iL.( My Commission Number is: L () Q S 9 DS Co MICHELE L. WEIR s Notary Public - State of Florida �E My Comm. Expires Apr 12, 2014 lost r� Commission N DD 959056 65233590.1 17A bTOW1 NOON 7IVN 393'gOO JKT bQnR 4TC Rri Vv.r 'as-An r.nn7i07i7n EXHIBIT ,,, _ - - -- - - -- ---- - - - - -- ti w ' a cc m uj s a _ 1 1 v K r S Z N W �e m4RW 60 , 10 $q� ° nnu�o�nn Q O ridti�e.•isn �i oag WO rAVA 17 -J)MN .Wb W x W X.. bTOW1 NOON 7IVN 393'gOO JKT bQnR 4TC Rri Vv.r 'as-An r.nn7i07i7n ,,, _ - - -- - - -- ---- - - - - -- ti w ' a cc m uj a 1 1 v K r S , 10 $q� oag WO W W X.. Ach F-b NN 1 1; W ale �¢ o 66/SZ/LO aaaa - r ri �' y, � e ^ � 1M56tJYN1 a11� F $VII MAdltAf -Oct - .1 ` _ -. •hiC �6.CSC hIy `,. - -_� a w 4 ti hl i$ 'n3o 4i �a LZ VI 1 ? Q�'4m v °$ y Vi L----------- -" ------ - - - -�- r - -- a - - - - -- --- ---- ---- --------- ---- -- - - - -�- --- - - - --- y s SIC JIDbf YO C �n bTOW1 NOON 7IVN 393'gOO JKT bQnR 4TC Rri Vv.r 'as-An r.nn7i07i7n 17A EXHIBIT Joff poa������� � W�p fib<�as B 33� 'h II�� add oil i N S in I il II�� add oil i 17A INSTR 4482794 OR 4612 PG 1424 RECORDED 10/6/2010 2:43 PM PAGES 6 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $52.50 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 THI EASEMENT, made and entered into this 2b day of 2010, by HODGES UNIVERSITY, INC., a Florida not - for - profit co oration, as GRANTOR, whose address is 2655 Northbrooke Drive, Naples, Florida 34119 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). WITNESSETH: WHEREAS, Grantor is seized in fee simple and in possession of Tract B, Parcels 1 and 2, Northbrooke Plaza, according to the Plat thereof, as recorded in Plat Book 31, Page 65 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 WHEREAS, pursuant to the dedications set forth on the Plat, the public has the perpetual right to use for drainage purposes, a forty (40) foot strip of land which bisects Parcels 1 and 2, as depicted on Exhibit "A' attached hereto and made a part hereof; and WHEREAS, Grantee has determined the public does not and will not in the future, use said forty (40) foot strip of land for drainage purposes but rather, may require a fifteen (15) foot strip of land for drainage purposes; and WHEREAS, Grantor desires to obtain the Grantee's consent to the vacation of the entire forty (40) foot strip of land for drainage purposes; and 65233396.1 17A A WHEREAS, Grantee has no objection to the vacation of the public's right to use the forty (40) 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 forty (40) 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: 1. The above recitals are true and correct and by this reference are incorporated herein. 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. 6. Subject to the foregoing, Grantee hereby consents to the vacation of the forty (40) foot strip of land lying between Parcels 1 and 2 of Tract B for drainage purposes, as depicted on Exhibit "A" attached hereto and made a part hereof. 65233396.1 17A IN WITNESS WHEREOF, the Grantor and Grantee have caused these presents to be executed the date and year first above written. Signed, steed and delivered in the i6resedemiK Witness #1 kit Typed or printed name 422j'z / fiz/ 42V,42M:) Witness #2 Typed or p nted name Witness #I Typed or printed name Witness #2 Typed or printed name ssiatarstour�# �ttorne�= 65233396.1 HODGES UNIVERSITY, INC. "noott-fi rofit co rporation Y P. MCMAHAN Its: President BOARD OF COUNTY COMMISSIONERS OF C ER FOUNTY FLORIDA ,z By: F'i� E p W. C ON L E As:Cj4 4 j Q jjjAty 7B C C_ ATTEST; 17A ' STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me thig:A day of `'�� 2010, by TERRY P. MCMAHAN, as President of HODGES UNIVERSITY, INC., a not - for- profit corporation, and who produced 902-r-'**Cna-/4?�hr Rype 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 va"Q P. My Commission Expire`�Q.do�0102 � S' aturg #DD627222 Sir • a ` o . ah oQ (Type or print name otary) STATE OF FLORIDA ,A,�p0,90�i il� �`���`\\` COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 2010, by as day of , 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: r 65233396.1 Signature (Type or print name of Notary) EXHIBIT 6TOM mnn)J •TTVTR ^JtlCM-fn % T \TT &^^^ - - - - nn -- -... W D IX 1.1 ti it 2W FWW 2 d Wok {�0. y o � 7 1�.4 WWag ¢ OOOFK4�a Dra UJOJaO. O O is , � 0 F (yy OG KIJ1Jm a)V tr Q r�laau�o as ►. Vi w fl bA- lQ- IIfJl.Y Aar) 3A/HO 3N00l em"ON su — Q ' ----------- a c /V u l/N 2 14 h l y V 2 yy U v, W I ' � I •t. II I W 0 �. W W w - IJ n O ¢m I^ O V J S q Y. I a 1 15 cr 1 F" Z a W 3 LL .1 �- N I N r k y z_ ►- 4O O OC ~ I L I V y 4 e 3333S Q jam. 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