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Resolution 2003-295 Retn: eLIR( TO THI BOARD mJROmCB 4TH FLOOR mmo 3260508 OR: 3398 PG: 1679 RlCORDID in the OFFICIAL RlCORDS of COLLIJR COUNTY, FL 09/16/2003 at 1l:50All DWIGHT J. BROCK, Cm( Rac lIB 87.00 coms 19.00 17B RESOLUTION NO. 2003- ? 9 '5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FOR PETITION AVPLAT2002-AR3175 TO VACATE A PORTION OF THE TWELVE FOOT WIDE ALLEY AND TO V ACA TE A PORTION OF THOSE AREAS LABELED "RESERVED FOR EASEMENT 3.0 FT." AND "RESERVED FOR EASEMENT 1.5 FT. ON EACH SIDE" IN BLOCK "E" AS SHOWN ON THE PLAT OF "SHADOWLAWN AT NAPLES," AS RECORDED IN PLAT BOOK 1, PAGE 37, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 24 FOOT WIDE RELOCATION ALLEY OVER A PORTION OF SAID BLOCK "E." LOCATED IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Richard D. Yovanovich, Esq., from Goodlette, Coleman & Johnson, P.A., as agent for the petitioner, Richard J. Santerre, Trustee, does hereby request the vacation of a portion of the 12 foot wide Alley and to vacate a portion of those areas labeled "Reserved for Easement 3.0 Ft." and "Reserved for Easement 1.5 Ft. on Each Side" in Block "E" according to the plat of "Shadowlawn at Naples" as recorded in Plat Book I, Page 37, Public Records of Collier County, Florida, and to accept a 24 foot wide relocation Alley over a portion of said Block "E";and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 12 foot wide Alley and a portion of those areas labeled "Reserved for Easement 3.0 Ft." and "Reserved for Easement 1.5 Ft. Each Side" in Block "E," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners; and WHEREAS, all entities which may have an interest in a portion of the 12 foot wide Alley and a portion of those areas labeled "Reserved for Easement 3.0 Ft." and Reserved for Easement 1.5 Ft. Each Side", have issued Letters of No Objection to the vacation requested by the Petitioner and copies of said Letters of No Objection are attached hereto as Composite Exhibit "A". OR: 3398 PG: 1680 17B NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following described portion of the 12 foot wide Alley and the following described portion of those areas labeled "Reserved for Easement 3.0 Ft." and "Reserved for Easement 1.5 Ft. Each Side" 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. See Exhibit "B" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Grant of 24 Foot Wide Relocation Alley, attached hereto as Exhibit "C" is hereby accepted as a relocation Alley for the 12 foot wide Alley vacated herein, upon execution and recording thereof. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution, all exhibits attached hereto and the Grant of 24 Foot Wide Relocation Alley individually in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above at the time this Resolution becomes effective. This Resolution is adopted this ~ day of Memhe..r 2003, after motion, second and majority vote favoring same. DATED:, '~~':"'" ATTEST: (I DWIGHT~. BROCK, Clerk .< BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~;~c~ .t ., ... .t~""~:m H,",;ng, ~il~:''':t,",(.t ~\, J q .q -().3 Chairman Approved as to form and legal sufficiency: () ~'l Yh,~ r.f?;Y Patrie - White, Esq., Assistant County Attorney ',"" J ~ . ..~ COLLIER COUNTY GOVERNMENT EXHrBlT "A" SHEET I OF 15 A VPI.A T2002-AR3175 August 12, 2003 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 1941) 774-8494 FAX (9411 659-5787 transportation(u colliergov.net TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT Richard D. Y ovanovich Goodlette Coleman and Johnson, P.A. 4001 Tamiami Trail North Naples, FL 34103 FAXed to 435-1218 Re: Request for Vacation of Easements Miller Square POO US 41 East Dear Mr. Y ovanovich: The Transportation Services Division has reviewed the subject request and we take no exception nor do we offer any objection to the vacation of the subject easements. Please advise if you need anything further on this issue at this time. Very truly yours, 4 :<-#10/~f - C) ~ Edward J. pt, P.E. Transportation Operations Director ~ ~ '-C ~ tog Ci'l cc: Norman E. Feder, AICP, Transportation Administrator Gregg Strakaluse, P.E., TECM Director Don Scott, AICP, Transportation Planning Director Diane Flagg, Traffic Operations and A TM Director Michael a. Etelamaki, P.E., Road Maintenance Director File: Vacations (Easements) ~ - CT\ ~ ~ ~ co '-0 ........ C) ~ co ~ ~ ~ ~ o GOODLETTE COLEMAN & JOHNSON, P.A. ATTORNEYS AT LAW " .,~! 1> ,1/ ;. ,~ Kevin G. Coleman 1. Dudley Goodlette Kenneth R. Johnson Richard D. Yovanovich Harold J. Webre, III Edmond E. Koester Linda C. Brinkman Craig D. Grider Gregory L. Urbancic Manhew L. Grabinski Northern Trust Bank Building 4001 Tamiami Trail North Naples, Florida 34103 (941) 435-3535 (941) 435-1218 Facsimile EXHIBIT "A" SHEET 2 OF 15 A V?LA T2002-AR3175 Writer's e-mail: f..iovanovich@gcilaw.com July 31,2003 Via Facsimile and Hand Delivery Stan Chrzanowski Collier County Engineering Review Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Miller Square Rezone/Former Site of BelAir Motel Request for Letter of No ObjectionNacation of Alley and Easement Areas Dear Mr. Chrzanowski: Please allow this letter to serve as a follow-up to your previous Letter of No Objection for the above referenced matter. A copy of your letter is attached. We have discovered since receipt of your Letter of No Objection that the property is also encumbered by two areas labeled "Reserved far easement". Therefore, we need to revise your Letter of No Objection to refer to the easement areas as well. Please allow this correspondence so serve as a request for a Letter of No Objection from Collier County Engineering Review for vacation of a twelve foot alley. having an area of approximately 4,441.56:t square feet. In addition, we are requesting a Letter of No Objection to the vacation of two areas of the plat which are labeled "Reserved for Easemenf. One of the easement areas is one and one-half feet in width on both sides of the twelve foot alley. The other area is three feet in width. The alley and easement areas are wholly contained within the subject property, a 1.9:t acre parcel, at the northeast comer of U.S. 41 East and Shadowlawn Drive within Naples, Collier County, Florida. The parcel is located within Section 11. Township 50S, Range 25E. The alley and easement areas have not been used in the past and it divides the subject parcel into two parts. neither of which is able to independently support development. To the best of our knowledge, there are no existing or planned utility infrastructure within the alley and easement areas. For your use and ease of reference. please find enclosed a copy of the Plat. The proposed and related petitions have been submitted to Collier County and are scheduled to be considered on September 9, 2003. Accordingly, we need to receive your ~etter.of No Objection by August 8. 2003. Pursuant to the requirements of the County's Petition to Vacate an Alleyway, we are requesting that you sign below as written indication of No Objection to the Vacation of the alley and easement areas. '1, ,.....'} '/! ., EXHIBIT "A" SHEET 3 OF 15 A VP LA T2002-AR3175 I thank you in advance for your prompt response. Upon your receipt and review, should you have any questions or require additional information, please do not hesitate to call our office. Very truly yours, :;6 Richard D. Yovanovich '-0 ~ C) RDY:smc ~ c:o c:J" C"'"') C"'"') c::::Jr::: C) I have no objection to the proposed vacation of the alley and areas labeled "Reserved for Easement" and the alley and areas labeled as "Reserved for Easement" shan be deemed to be vacated. Signed and Dated this S day of Au G lJ SC, 2003. By: Printed Name: T4 (J '(:.. N " ((;Ja. (1::Yi CO" N N E' N 6t N&:.Y(( AJG. f2 f:\J1 t!W 5' u c S. .\ c::f4 ClO '-C) T'"-4 CJ ~ ClO ~ cY") cY") p:: <:::) <>, 1997 grigg_r Page 1 ofl From: JohnsonJacquelyn Sent: Friday. August 15, 2003 11 :29 AM To: andersonroy; cheathamj; grigg_r; mattausch_p Subject: Miller Square Rezone August 15, 2003 EXHIBIT "A" SHFF.T 4 OF 15 A VPLA T2002-AR3175 178- Richard D. Yovanovich Goodlette, Coleman & Johnson, P.A. Northern Trust Bank Building 4001 Tamiami Trail North Naples, Florida 34103 Re: Miller Square Rezone Easement Vacation Request Dear Mr. Y ovanovich: This office has reviewed your request to vacate specific areas reserved for easement within the above referenced property. The Collier County Water-Sewer District has no facilities in the area and we therefore have no objection to the vacation ofthe easement. This area is within the City of Naples Water District, a therefore a request for approval should also be issued to that district. You may reach the City of Naples Engineering Department at 213-5051. Should you have any further questions, please feel free to contact me at 732-2571. Sincerely, Jacquelyn R. Johnson Engineering Technician cc: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development 8/18/2003 ~ co '-0 ....... C) lI3-o co en ~ ~ c::x:: c::> ':Ii !O'.I"'" P .II'.J 1- !- U . ~fJcriff EXHIBIT "A" SHEET 5 OF 15 A VPLA T2002-AR3175 SHERIFF DON HUNTER . COLLIER COUNTY 3301 Tamlam. Trail East. Bldg. J. Naples. FL 34112 (941) 774.4434 www.colliersherlH.org August 12, 2003 Mr. Richard D. Yovanovich Goodlette Coleman & Johnson, P.A.. 4001 Tamiami Trail North Naples, Florida 34103 RE: Miller Square Rezone/ (Fonner Site of BelAir Motel) Petition to Vacate a Platted Alleyway and Easement Areas Dear Mr. Yovanovich: Statfhas reviewed your request for a letter of "No Objection" for the above-described project. The vacation is as described in your letter of July 31, 2003, for the vacation of an alleyway on a 1.9-acre parcel at the northeast corner ofU.SAl and Shadowlawn Drive. This alleyway only benefits the former configuration of the property and is no longer in use. In addition, it includes the vacation of two areas labeled "Reserved for Easement". The Sheriff's Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area - These services include emergency response, patro~ and tmffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriff's Office has ''No Objection" to the granting of your request. DH:gy:dv word'.gar)')JlIli llersq uare 2 nd GOODLETTE COLEMAN & JOHNSON, P.A. ATTORNEYS AT LAW 17B .,.'1 Kevin G. Coleman J. Dudley Goodlette Kenneth R. Johnson Richard D. Yovanovich Harold J. Webre, III Edmond E. Koester Linda C. Brinkman Craig D. Grider Gregory L. Urbaneic Matthew L. Grabinski Northern Trust Bank Building 4001 Tamiami Trail North Naples, Florida 34103 (941) 435-3535 (941) 435-1218 Facsimile EXHIBIT "A" SHEET 6 OF 15 A VPLA T2002-AR3] 7S Writer's e-mail: ryovanovich@gcilaw.com July 30,2003 '-0 co '-0 ~ Via Facsimile and Hand Delivery ~ ~ co ~ cY")o cY")o Chief Rot-Nt Schank East Naples Fire Control and Rescue District 4 798 Davis Boulevard Naples, Florida 34104 ~ C> RE: Miller Square Rezone/Former Site of BelAir Motel Request for Letter of No ObjectionNacation of Alley and Easement Areas Dear Chief Schank: Please allow this letter to serve as a follow-up to your previous Letter of No Objection for the above referenced matter. A copy of your letter is attached. We have discovered since receipt of your Letter of No Objection that the property is also encumbered by two areas labeled "Reserved for easement". Therefore, we need to revise your Letter of No Objection to refer to the easement areas as well. Please allow this correspondence so serve as a request for a Letter of No Objection from the East Naples Fire Control and Rescue District for vacation of a twelve foot alley, having an area of approximately 4 .441.56:!: square feet. In addition, we are requesting a Letter of No Objection to the vacation of two areas of the plat which are labeled "Reserved for Easement'. One of the easement areas is one and one-- half feet in width. The other area is three feet in width. The alley and easement areas are wholly contained within the subject property, a 1.9:1: acre parcel, at the northeast corner of U.S. 41 East and Shadowlawn Drive within Naples, Collier County, Florida. The parcel is located within Section 11, Township 50S. Range 25E. The alley and easement areas have not been used in the past and it divides the subject parcel into two parts, neither of which is able to independently support development. To the best of our knowledge, there are no existing or planned utility infrastructure within the alley and easement areas. For your use and ease of reference, please find enclosed a copy of the Plat. The proposed and related petitions have been submitted to Collier County and are scheduled to be considered on September 9, 2003. Accordingly, we need to receive your Letter of No Objection by August 8, 2003. Pursuant to the requirements of the County's Petition to Vacate an Alleyway, we are requesting that you sign below as written indication of No Objection to the Vacation of the alley and easement areas. 178 EXHIBIT "A" SHEET 7 OF 15 A VPLA n002-AR3175 I thank you in advance for your prompt response. Upon your receipt and review, should you have any questions or require additional information, please do not hesitate to call our office. Very truly yours, Richard D. Yovanovich r- co '-0 ......... RDY:smc C) c... co c::::r-.. ~ ~ ~ c::> I have no objection to the proposed vacation of the alley and areas labeled "Reserved for Easement" and the alley and areas labeled as "Reserved for Easement" shall be deemed to be vacated. Signed and Dated this :5> day of f)- if G. ,2003. ,.- - -///} ---I---(} /J I By: f~~ ~~- Printed Name: R 0 to ~ t<Z T S'L" 11.Ni<( 178 DEPARTMENT OF DEVELOPMENT SERVICE August 11, 2003 EXHIBIT "A" SHEET 8 OF 15 A VPLA T2002-AR3175 co CO '-0 ....... Richard D. Y ovanovich, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 ~ c.... co c:::F'Io ("W"') ("W"') RE: Miller Square, Alley Vacation !Block E, Shadowlawn Subdivision Dear Mr. Yovanovich c:r:: C> The City of Naples has a two-inch water line running through the 12-foot alley located on the above referenced property. The City has no objection to the vacation of this alley. Also noted on the plat of this referenced property are two areas of the plat that are labeled "Reserved for Easement". One of the easement areas is one and one-half feet in width on both sides of the twelve-foot alley. The other area is three feet in width. The City has no objection to the vacation of these "reserve easements" as well. The above stated .'no objections" are conditioned on the receipt by the City of Naples of a Right of Entry executed by Richard J. Santerre, Karen Miller and Addison Owens Miller, individually and as Trustees of the Mary J. Miller Revocable Trust dated April 27, 1987, also referred to as the M.J. "Casey" Miller Revocable Living Trust, and the Mary Jane "Casey" Miller Revocable Living Trust. This document when recorded will ensure that the existing two-inch waterline currently located within the twelve-foot alley will be replaced with an eight-inch waterline to be located within an easement running along Shadowlawn Drive as depicted on the Site Development Plan. A recommended draft of the Right of Entry document is attached. In considering this Letter of No Objection, should any additional information be necessary please do not hesitate to contact me at 213-5003. Sincerely, ~ r :.r' George Archibald, P.E. Traffic Engineer ,~~ cc: Paul McAllister, Engineering Plans Review FACSIMilE (941)213-5010 TELEPHONE (941) 213-5000 SUNCOM 717-5000 295 RIVERSIDE CIRCLE' NAPLES. FLORIDA 34102-6796 178 Project: Folio: Miller Square PUD 73280680002,73280720001,73280760003, 73280840004, 73280800002. 73280880006, 73280920005 EXHIBIT "Au RIGHT OF ENTRY SHEET 9 OF IS A VPLA T2002-ARJ J 75 c::n 00 '-0 ..--f KNOW ALL MEN BY THESE PRESENTS that Richard J. Santerre, Karen Miller and Addison Owens Mil/er, individually, and as Trustees of the Mary J. Miller Revocable Trust dated April 27, 1987, also referred to as the M. J. "Casey" Miller Revocable Living Trust, and the Mary Jane "Casey" Miller Revocable Living Trust, whose mailing address is 500 Fifth Avenue, South, Naples, Florida 34102, hereinafter known as GRANTOR. for and in consideration of Ten Dollars ($10.00) and other valuable consiqeration to it in hand paid, does hereby grant unto the CITY OF NAPLES, a municipal corporation of the State of Florida, its heirs, successors and assigns, whose mailing address is 735 Eighth Street, South, Naples, Florida 34102, hereinafter known as GRANTEE, 'the temporary license and right to enter upon the lands of the GRANTOR as described in Exhibit "A" for the express purpose of installing, operating and maintaining a two inch water line as set forth on the attached Exhibit "B". t.!;) t::Le 00 c::T\ cY") cY") ALL RIGHT AND PRIVILEGE herein granted shall terminate upon the following: c:x: C> the relocation and acceptance of an eight inch water line as depicted on Exhibit "C", for the operation and maintenance by the GRANTEE. ADDITIONALLY, the rights and interest conveyed hereunder are conditioned upon the reasonable exercise thereof by GRANTEE. GRANTEE agrees not to unreasonably interfere with GRANTOR'S use of the lands described in Exhibit "A". GRANTEE further agrees that it shall, at the GRANTEE's cost. repair any damage caused to GRANTOR'S property as a result of GRANTEE'S negligence. IN WITNESS WHERE~, the GRANTOR has caused these presents to be executed in its name the /3~ dayof U~ ,2003. WITNESSES: b-" i1.~~~ Sig~ tur ,Pc~ printe~Narrre ~..~~ Simture k A R... I E. fA) Y G J.....J: tV ~ 0 t.c' So (' I Printed Name By:/2t2Y1~~ Richard J. Santerre Trustee . ., GOODLETTE COLEMAN & JOHNSON, P.A. ATTORNEYS AT LAW 178 Kevin G. Coleman J. Dudley Goodlette Kenneth R. Johnson Richard D. Yovanovich Harold J. Webre, III Edmond E. Koester Linda C. Brinkman Craig D. Grider Gregory L. Urbancic Matthew L. Grabinski Northern Trust Bank Building 4001 Tamiami Trail North Naples, Florida 34103 (941) 435-3535 (941) 435-1218 Facsimile EXHIBIT "A" SHEET 10 OF ]5 A VPLA T2002-AR3175 Writer's e-mail: ryovanovich@gcilaw.com July 31, 2003 c::> c::r-. ..0 ..-t Via Facsimile and Hand Delivery C) ~ ClO c::r-. ~ ~ Mr. Brian Bell Comcast - Construction Department 301 Tower Road Naples, Florida 34113 p:; C> RE: Miller Square Rezone/Former Site of BelAir Motel Request for Letter of No ObjectionNacation of Alley and Easement Areas Dear Mr. Bell: Please allow this letter to serve as a follow-up to your previous Letter of No Objection for the above referenced matter. A copy of your letter is attached. We have discovered since receipt of your Letter of No Objection that the property is also encumbered by two areas labeled "Reserved for easement". Therefore, we need to revise your Letter of No Objection to refer to the easement areas as well. Please allow this correspondence so serve as a request for a Letter of No Objection from Comcast for vacation of a twelve foot alley, having an area of approximately 4,441.56:f: square feet. In addition, we are requesting a Letter of No Objection to the vacation of two areas of the plat which are labeled "Reserved for Easement". One of the easement areas is one and one-half feet in width on both sides of the twelve foct alley. The ether are::! is three feet in width. The aile}' and easement areElS are wholly container! within the subject property, a 1.9:l: acre parcel, at the northeast corner of U.S. 41 East and Shadowlawn - Drive within Naples, Collier County, Florida. The parcel is located within Section 11, Township 50S, Range 25E. The alley and easement areas have not been used in the past and it divides the subject parcel into two parts, neither of which is able to independently support development. To the best of our knowledge, there are no existing or planned utility infrastructure within the alley and easement areas. For your use and ease of reference, please find enclosed a copy of the Plat. The proposed and related petitions have been submitted to Collier County and are scheduled to be considered on September 9, 2003. Accordingly, we need to receive your Letter of No Objection by August 8, 2003. Pursuant to the requirements of the County's Petition to Vacate an Alleyway, we are requesting that you sign below as written indication of No Objection to the Vacation of the alley and easement areas. ~ c::n '-C> ~ C) p.... CIO c::n CV") CV") c::: c::> 178 EXHIBIT "A" SHEET 11 OF 15 A VPLA n002-AR3175 I thank you in advance for your prompt response. Upon your receipt and review, should you have any questions or require additional information, please do not hesitate to call our office. Very truly yours, ~~. Richard D. Yovanovich RDY:smc I have no objection to the proposed vacation of the alley and areas labeled "Reserved for Easement" and the alley and areas labeled as "Reserved for Easement" shall be deemed to be vacated. Signed and Dated this //1-1-. day of 0. 'j.....1 ,2003. By: 7J"U- ~ Printed Name: /11/ ke Evq"c:k 17B GOODLETTE COLEMAN & JOHNSON, P.A. ATTORNEYS AT LAW Kevin G. Coleman J. Dudley Goodlette Kenneth R. Johnson Richard D. Yovanovich Harold J. Webre, III Edmond E. Koester Linda C. Brinkman Craig D. Grider Gregory L. Urbancic Matthew L. Grabinski Northern Trust Bank Building 4001 Tamiami Trail North Naples, Florida 34103 (941) 435-3535 (941)435-1218 Facsimile EXHIBIT "A" SHEET ]2 OF 15 A VPLA nOO2-ARJ175 Writer's e-mail: ryovanovich@gcilaw.com July 31, 2003 C"o..I ~ '-0 ......--4 Via Facsimile and Hand Delivery ~ Q.., ClO ~ C"'"') C"'"') Luis Negron, Engineer Sprint 3940 Prospect Avenue Unit 101 Naples, Florida 34106 c::: c::> RE: Miller Square Rezone/Former Site of BelAir Motel Request for Lett-er of No ObjectionNacation of Alley and Easement Areas Dear Mr. Negron: Please allow this letter to serve as a follow-up to your previous Letter of No Objection for the above referenced matter. A copy of your letter is attached. We have discovered since receipt of your Letter of No Objection that the property is also encumbered by two areas labeled "Reserved for easement". Therefore, we need to revise your Letter of No Objection to refer to the easement areas as well. Please allow this correspondence so serve as a request for a Letter of No Objection from Sprint for vacation of a twelve foot alley, having an area of approximately 4,441.56:f: square feet. In addition, we are requesting a Letter of No Objection to the vacation of two areas of the plat which are labeled "Reserved for Easement". One of the easement areas is one and one-half feet in width on both sides of the twelve foot alley. The other area is three feet in width. The alley and easement areas are wholly contained - within the subject property, a 1.9:f: acre parcel, at the northeast corner of U.S. 41 East and Shadowlawn Drive within Naples, Collier County, Florida. The parcel is located within Section 11, Township 50S, Range 25E. The alley and easement areas have not been used in the past and it divides the subject parcel into two parts, neither of which is able to independently support development. To the best of our knowledge, there are no existing or planned utility infrastructure within the alley and easement areas. For your use and ease of reference, please find enclosed a copy of the Plat. The proposed and related petitions have been submitted to Collier County and are scheduled to be considered on September 9, 2003. Accordingly, we need to receive your Letter of No Objection by August 8, 2003. Pursuant to the requirements of the County's Petition to Vacate an Alleyway, we are requesting that you sign below as written indication of No Objection to the Vacation of the alley and easement areas. 178 EXHIBIT "A" SHEET 13 OF IS A VPLA n002-AR3175 I thank you in advance for your prompt response. Upon your receipt and review, should you have any questions or require additional information, please do not hesitate to call our office. Very truly yours, ~ I). Richard D. Yovanovich ('Y") en '-0 .....-4 RDY:smc C) c... 00 en ('Y") ('Y") ,:x: c:::> I have no objection to the proposed vacation of the alley and areas labeled "Reserved for Easement" and the alley and areas labeled as "Reserved for Easement" shall be deemed to be vacated. r ,.i.it ::nod;;#:qYOf t!kP 6 I<.'~U<I 4vr;dJ-T . ,2003. Printed Name: 17B GOODLETTE COLEMAN & JOHNSON, P.A. A ITORNEYS A T LAW ~ c::r- '-0 ~ Kevin G. Coleman J. Dudley Goodlette Kenneth R. Johnson Richard D. Y ovanovich Harold 1. Webre, III Edmond E. Koester Linda C. Brinkman Craig D. Grider Gregory L. Urbancic Matthew L. Grabinski Northern Trust Bank Building 4001 Tamiami Trail North Naples, Florida 34103 (941) 435.3535 (941) 435-1218 Facsimile EXHIBIT "An SHEET 14 OF IS A VPLA T2002-AR3175 Writer's e-mail: ryovanovich@gcilaw.com ~ Il:l.. ex;:) c::r- ('V"') ('V"') July 31, 2003 Via Facsimile and Hand Delivery ~ C> Ms. Lynda Kent Florida Power & Light 4105 15lh Avenue, SW Naples, Florida 34116 RE: Miller Square Rezone/Former Site of BelAir Motel Request for Letter of No ObjectionNacation of Alley and Easement Areas Dear Ms. Kent: Please allow this correspondence so serve as a request for a Letter of No Objection from Florida Power & Light for vacation of a twelve foot alley, having an area of approximately 4,441.56:t square feet. In addition, we are requesting a Letter of No Objection to the vacation of two areas of the plat which are labeled "Reserved for Easement". One of the easement areas is one and one-halffeet in width on both - sides of the twelve foot alley. The other area is three feet in width. The alley and easement areas are wholly contained within the subject property, a 1.9:t acre parcel, at the northeast corner of U.S. 41 East and Shadowlawn Drive within Naples, Collier County, Florida. The parcel is located within Section 11, Township 50S, Range 25E. The alley and easement areas have not been used in the past and it divides the subject parcel into two parts. neither of which is able to independently support development. To the best of our knowledge, there are no existing or planned utility infrCistructure within the alley and easement areas. For your use and ease of reference, please find enclosed a copy of the Plat. The proposed and related petitions have been submitted to Collier County and are scheduled to be considered on September 9, 2003. Accordingly, we need to receive your Letter of No Objection by August 8, 2003. Pursuant to the requirements of the County's Petition to Vacate an Alleyway, we are requesting that you sign below as written indication of No Objection to the Vacation of the alley and easement areas. ~ ~ '-0 ....... ~ c.. 00 ~ (V") (V") t:ll::: C) 178 EXHIBIT "A" SHEET 15 OF IS A VPLA T2002.AR3175 I thank you in advance for your prompt response. Upon your receipt and review. should you have any questions or require additional information, please do not hesitate to call our office. Very truly yours, , ~n~~~ RDY:smc I have no objection to the proposed vacation of the alley and areas labeled "Reserved for Easement" and the alley and areas labeled as "Reserved for Easement" shall be deemed to be vacated. Signed and Dated this ~ day of Au(Jl/~r . 2003. By: ~~4~ Printed Name: i3 . L - f/-A/l1l2 '-I . 4~ i ee fL-1+fV tJ "N 6 5'-'tf'eslo../' So ~ No a i3:Jt:e1/~,J 7'0 7bI~ V1\CA;1;tJ 0 P THo$~ IiFIf5emeA./TS f/i'H!,rlaIlTaJ /(.; y~'v c; Ik>wIJ ()u prtfGC -3 dY 3 (ArmcHi?"t1 ~ fi,v" /J1J40e If li4-12r ~(!)r. @ OR: 3398 PG: 1696 SOUTHWEST CORNER LOT 16, BLOCK '[' EXHIBIT "B" SHEET I OF I A VPLA T2002-AR3175 LOT 16 ~KETCH AND DESCRIPTION NOT A SURVEY ~ ~ Z ~ > .-< ~._._._._._.~._._._._._._._._._._. BLOCK liEu SHADOWLAWN AT NAPLES PLAT BOOK 1, PAGE 37 WffJH~~~ '~O' i'~~~"L/f'L/~D' ~I . I I - . I Ii. . i-'-'-'-'-'~'~~-'~'-'-'-'-'-'-'-' LOT 15 ! LOT 14 i LOT 13..... LOT 9 t + i~ BLOCK "E' ~ . ~#'~~ ~.~ G~ ~6V I LOT 12l LOT 11 } LOT 10 f BLOCK liEu. I I z ~ j ~ o o -< =r:: en ~ > - ~ Q ~ Q - ~ -< to LEGAL DESCRIPTION rOR THe VACATING CF A CERTAIN T'.IrL VE FOOT PLA TTED ALLEY /tiGRE PARTICULItRL Y' DESCRIED AS rCJLLO'.lS, BEGINNING A T THE SOUTH'.IEST CORNER or LOT 16. BLOCK "E" CF THE PLA T IT SH/4DO'olLA '.IN A T NAPLES, I'\S RECORDED IN PLA T 11DfJI( J , PAGE 37 OF PUBLIC RECORDS OF COLLIER COUNTY. FLORIIJA} THENCE EASTERL Y ALONG THE SOUTH LINE OF SAID LOT J6 TO THE SOUTHEAST CORNER iT LOT J6. BLDCK "E' CF SAID PLA T CF SHAIJO'oILA VN AT NIlPLES. THENCE SOUTHERL Y ALONG THE vrST LINE or LOT'S 8 AND 9. BLOCK "E" OF SAID PLAT OF SHADOWLA WN A T NAPLES} TO T~ .SC1JTH'.IEST CORNER OF LOT 9, BLOCK "E' OF SAID PLA T OF SHADOWLAVN or NAPLES} THENCE EASTERLY ALONG THr SOUTH LINE or. SAIJJ LOT 9. BLOCK '[', OF SAID PL.A T OF SHADDWLA \IN A T NAPLES TO THE SOUTHEAST CORNeR OF SAID LOT 9} THENCE SOUTHERL Y J2.00 rEET ALONG THE EAST UNE OF PLATTEl1 ALLEY TO THE NORTHEAST CORNER or LOT JD. BLOCK "E" DF SAID PLA T OF SHADO'olLA '.IN A T NAPLES} THENCE VESTER!. Y ALONG THE NORTH LINE Dr LOTS JO THROUGH J3 TO A POINT J2' SOUTHERL Y ANlJ J2' WESTERL Y FROM THE SOUTHWEST CORNeR OF LOT 9. BLOCK 'P OF SAID PLAT OF SHAJJo'olLA'oIN AT NAPLES} THENCE NDRTHERL Y ALONG THE EAST LIIE OF LOT )3. BLOCK 'E' OF SAID PLAT OF SHADOVLA'.IN AT NAPLEs TO THE NORTHEAST CORNER OF LOT J3, BLDCK "('" OF SAID PLAT OF SHAJJOVLA '.IN A T NAPLES, THENCE 'oI~ST~RL Y ALONG THE NORTH LINE OF LOT J3, J4, ANlJ J5, TO THC NDRTH'oIEST CORNER OF LDT J5. BLOCK 'E' OF SAID PLf4T OF SHl'\lJO'olLAVN liT NAPLES, THENCE NORTHERL Y ALONG THE I.IE:ST LINE OF A 12' PLA TT~D ALLEY. TO THE SOUTHWEST CORNCR OF LOT 16, BLOCK '[' OF SAID PLA T OF SHADOVLAVN AT NAPLCS AND TO THE POINT OF BEGINNING. CIs 41 LEGAL DESCRIPTION FOR VACATING RESERVED EASEMENTS: ALL AREAS IDENTIFIED AS "RESERVED FOR EASEMENT 3.0 FT." AND "RESERVED FOR EASEMENT 1.5 FT. ON EACH SIDE" LYING WITHIN LOTS 6 THROUGH 9 AND LOTS 13, 16 AND 17 (LESS THE NORTH 11 FEET OF SAID LOT 17), BLOCK ME", AS SHOWN ON THE PLAT OF "SHADOWLA WN AT NAPLES" AS RECORDED IN PLAT BOOK I, PAGE 37, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 1/44J.56 SQUIlR[ FEET HORE OR LESS. ~ o -.J ~ ~ ~ d " .... -L CD !-. o w.. CI. fi:;) *** OR: 3398 PG: 1697 *** '178 EXHIBIT "C" SHEET I OF I A VPLA T2002-AR311S t1~ S ~S ~. fl ill' ~ 11lo'C ~ ~ ~." i s ~I ~ E!~1o; ..I ~~~i ~I S11~" >-.. g"i.. ~ ;It: II, tit! ~1oCl t: . lO;,Sg~ Q;. III U N 00'07 '46 M W .394.08' LCd, liNe tJI.._ c. ~....., _rs r "- I- o ...J Cl .... ~-=--L- . - .- == - !It i~=~-r~ ~ ili~ r-- e~ilit I r,:!11 ;..,1 l.O -. ,.... ~ lQ III I : lI'I III l&.l &., << Co) I 1 w ~ ~ I "- en It) - "" lit I ~ c.lI !; 0 ~ .....J I J: I I -~ ~ l- e -.J l C[ SHADOWlA--:V ;;, lIE' 60. R/W / / / I .. ~ .. t~~ ~ ... I ~ ij ~ . u = D. ~ ..:~~ ...,z . ..sup. 'Ill~ we 1M :.....i ~E~. gc':~ ~~ ~ i111: I."'~E ~! ~i Zj! ~;sP !5"'~D. ~ "I 6~"';~ ii1-'8~ l::;:'" ..J8~. i!.,; ~ 5!A Zs z 6 (.).~ C'O e 'i i 1O~ I a:!~-' ~..!:;; JI <C~z !f!a:IoI~ I:~t: ~i~e ~ ~td~~i v'~ 101 Z 1olo ~$iiOZ~ 6~ Jlwl rs -lie n~~ jiZOIol ~ ~zS!;~t5~g'" liiin i~is ~ i~"'8:il~t;"'~ I-iwa 5 i~...~"~~:J ~fn~ ~~\S~ II>> ~i~~i!li!~1 ~ <C ..8li!8 .. ::I~lL"':' ~ y ...~~~ ~ i~~a~~15g:~ . on... III ...lJ'IwOll ""... Z . . "" C> C> .... - ... ....... "" .... 0< :iii: := ... Signature ....~ C> _ ~ .. :; 2:::; Printed Name .. DO ... .......-...... Q,Il~ _H _u_pq ~~... ;1~C: ... co ... - "" .... .-:= ........ ... ...00 ""... .... .... - co ~ 0-.1;; 0..0 b ~8... ... DO ... ... -...... c.!) ~ u - .... ~ ....... C> ... .... .... ex::>...... ~ 0-. <>... ~"'. ,. I ...... C"Y"') 8 rEi ... ." -- -- ~....:II~ C>tj~ -~.,. ~. -~ c::> ... .. LC"'l (:) ::: c:::> -= ~ 0..0 ~ '" C"'.....:J .~~ ~ .,. ...~ ...- ~~ ....~ ... .,. DO PROJECT: Miller Square PARCEL: 73280680002, 73280720001, 73280760003, 73280840004, 73280800002, 73280880006, 73280920005 178 GRANT OF 24 FOOT WIDE RELOCATION ALLEY EASEMENT THIS Grant f 24 Foot Wide Relocation Alley Easement, is made and entered into this L'3~Lk day of . ~. 20.e.,2, by Richard J. Santerre, Karen Miller and Addison Owens Miller, indivi . ally, and as Trustees of the Mary J. Miller Revocable Trust dated April 27, 1987, also referred to as the M. J. "Casey" Miller Revocable Living Trust, and the Mary Jane "Casey" Miller Revocable Living Trust, whose mailing address is 500 Fifth Avenue, South. Naples, Florida 34102, (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, its successors and assigns (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive 24 foot wide relocation alley esement for secondary access between Shadowlawn Drive and Bayside Drive 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. Not Homestead Property TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land for maintaining the alley easement granted herein. This Grant of 24 Foot Wide Relocation Alley Easement runs with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: ~...--.II:-IZ4, ~ S.!2!!at e ':'"')..., ?5. ~. ~~~K~ Printed Name l~A,#-~~~ Si9.,.nature . '. i 1/ A ,<::. ,:E tV>"C; A.. F ,J D 0 ,(./ ~;{ I Printed Name By: Karen Miller, Individually and as Trustee Signature Printed Name OR: 3398 PG: 1699 Printed Name By: Addison Owens Miller, Individually and as Trustee 1 7 B Signature Signature Printed Name STATE OF FLORIDA COUNTY OF COLLIER egoing instrument was acknowledged before me this --.L2- day of , 2003, by Richard Santerre, individually and as Trustee, personally or produced identification Type of identification produced: (Affix notary seal) ~~~~ Notary Printed Name 1/) L8unI ......... . . My CommIuIon D022MG '\..~ expire. July 02. 2007 My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _ day of , 2003, by Karen Miller, individually and as Trustee, personally known_ or produced identification _ Type of identification produced: (Affix notary seal) Notary Public Notary Printed Name My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _ day of . 2003, by Addison Owens Miller, individually and as Trustee, personally known_ or produced identification Type of identification produced: (Affix notary seal) Notary Public Notary Printed Name My Commission Expires: e8/:3'2803 16:03 2392618E4b FARKS ::l,N[i STE~JA~T LA PAGE 13/18 ~mhQm ~ atve... PA~AJ Printed Name X ~O ~ R~ ~ fuL.t.. $i~!4re . '\ <.Jl)~" R. \-il'll L ~ ,,~ Prln/lid Name , STATE OF FLORIDA COUNTY OF" COlliER ~tl~ Add lion Owens MUir, fn:fj'IOl'7 B <<Ind as Trustel': The foreQoing in$lrun"nt was ac-kr.cwl.jged before m~ this __ day of , 2003. /))' Richard S;;ln~erf., in~ividu!l'ly and <15 Twslea, personally i('1\JWl'\_ or produced Identficatlon _' Type Of idlJntlfic;tlon produced' c:> c:> r- --- (Affix nolary Slillll) ~ Q..." 00 ~ C"""> C"""> -=x:: c:::> STATE OF FLORlOA COUNTY OF COlLl~R Notary PUbliC N'Jtafl Prilll(olt! Name M, CommissiOfl Expires: Tn. foregoing Instrument 'MI8 acknov.18dg&a blltfore m. this _ day of , 2003, by Karen Miner, IndividuIlly and 8S Tnrstee. perst'nll/ly knowrl_ or produced identlficarion ~. TYPlil of identif'C4ltion produC4Id: (Af'ix no~ry seal) Noterl Pub lie Notary Pr'nted N..Me My COmmi$$ion E;ooplres: X STATfOF" W~ ?r(/)~,-, COUNTY OF ,~~ /J The foregOtl1g inetn.menl WlIS aCkn::lwledglild before me th,s (~ ::J0l~ 0' rt~ ,2003. by Addison OWt,lriS Mm.,. indMdlillfl)" and w TruIH"e, personally k. n_ or produ.:eo idQn!lfi~t'on _' 'i~lJi ", ldentiflcalkll p'oduced: (Affix M~rl Seal) OFFlC I NOTA 'II .~r"'t srATE OF R'f PUBLIC UNOri. p 7Esr VlliGtlVlA SII) N. 'M~}!DERf\.lILI( Al~ C Ai D<~"O.v. ~V~C>~ .sr. Om.,.",~s.(.I.r) E.JID;~eJ, ;..I>JO \/:Ir. 5, 2005 ~~ y1 ~~ Notary Public A , L./Nrk>./ Y"- ..t..UV~c:.te..;1t, /A::.. No!ary Printed fl..tll'nB ~-~,~ r.:- My Cornmi&~lon ElCpires ......,-'-'-<--.s: ....;zp (1;:) 1118/13/21111113 15:35 2392618646 PARKS AND STEWART LA PAGE 1115/1119 PROJECT: Millet SqU&re ~ARCEL: 73280680002, 73280720001, 73280760003, 73280840004, 73280600002. 73280860006, 73280920005 178 '1 GRANT OF 24 FOOT W IDE ~ELOCATION ALLEY EASEMENT THIS Grant of 24 Fool Wide RalocatJon Alley Easement, is made and entered into this _ day of , 20_, by Richard J. Santerre, Karen Miller and Adl;!ison Owens Miller, Individually, and I!S Trustees of the Mary J. Miller RevOCiIble Trust dated April 2.7. 1987, also referred to as the M. J. .C8sey' Miller Revocable Living Trust, and the Mary Jane .Casey" Miller Revocable Living Trust. whose mailing address is 500 Fifth Avenue, South, Napls\!, Frorida 34102. (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a politIcal subdivlaion of the State of Florida. whose mailing address Is 3301 Tamiaml Trail Eest, NoIpJes, Florida 34112, its successors and assigns (hereinafter referred to as "Grantea"). (Wherever used herein the terms "Grantor- and "Grantee" include all the parties to thIs Instrument and their tlIspectlve t1eirs, legal representatives, successors end a\!.igns. Grantor and Grantee are used for singular or plural, as the context requires.) r-t <=> r-- r-t WIT N E SSE T H: ~ Q.., CX) ~ cY") cY") Gl1lntor, for and in c:onafderation of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the n!lC8iptand Sufficiency of which I. tlereby acknowledged, hereby conveys, grants. bargains and ..I. unto the Gl1Int... . perpetual. non..~uaIw 24 fool wide rvloa1t1on alley eMm.nt for secondary lICC8IIa between ShadowIIIWfl Drive and Bayside Dr1W1 on the foIlcw1ng described IBnda located In Collier County, Florida, to wI!: ~ C> S.e attached Exhibit "An which Is incorporated hereIn by reference. Subject to el'lllements, restrictions, and reservations of record. Not Homestead Property TO HAVe: AND TO HOLD th. slime unto the Gralltee together with tile right to enter upon SQid land for maintaining the alley easement gnmtllld heraln. This Grant of 24 Foot Wid, R.elocation Alley Easement nJnS wtth the bmd and shall burden the Il:lnds describGd abov.. IN WITNESS WHEREOF, the Grantor has caused thlils8 presents to be executCld the date and year first above written. WITNESSES: ~~ ~e ~ f'flAA/ E. O'O~A/;t/~ Printed Name By: Richard J. Santerre. IndiYldlJ8l1y and as Trustee Signature Printed Name ? ~ n:" Q-=:> ~r"'::> ~~~ ~ ">, C) I L"> .____ Printed Name ~ ~a<tn ~~ Karen "f\Mller. Individually and as Trustee SigNilture Printed Nanw 08/13/2003 15:35 C"'I c::> 1:"'-0 T-I C) c.. CO ~ ("W'") ("W'") cc:: C> J , ,; ~~ /",..:.:.::, .'.' kWW''l..~;~..~/t- ~o .....ot ~.... ..;"-~;i .~ (';,. ,.:,..: " , 1.."' ~; ." ~~ .. 2392518646 PARKS AND STEWART LA PAGE 05/09 17B By: , Addison OWens Miller, Individually and as Trustee Signeture Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _ day of , 2003, by Richard Sanl.r,.., indIvidually and as TrU$tee, personally known_ or produced identificallon ~. Type of Identiflcstion procJuced: (Affix notary seal) Notary Public Notary Printed Name My Commission Expires: x 6<ol-j I e..- STATE OFftOI'\ID~ COUNTY Ot:" COlLltrl ..... C-e-7t:'c)SrT ~e foregoing instrument was Olcknowledged before me this ~ day of ..-.::t- ,2D03, by Karen Miller, individually and as Trustee, personally known_ or produced identification _' Type 0-/ identification produced: p~,J~"''' /-., .... . (Affix notary SEal) o~~ . ~ry Public f' ~ Tv l C. I ~ Notary Printed Name LJ. ~. I~ /-lc-... '1'4 My Commission Explrs$:; L.i {.:- STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumant was acknowledglld before me this _ day of , 2003, by Addison Owens Millar, Individually and as Trustee. personally known_ or prOduced identification _' Type of IdentificaHon produced: (AffiX notary seal) Notary Public Notary Printed Name My Commission Expirils: ~ a -...J ~ ~ ~ .. - - Ii: = ~ I '" '" VI I I I ....... I ~ a -...J I I I -~ -- . ~ R z--- .. - .::. ;z l:C ti ~ .--J *** OR: 3398 PG: 1703 *** 8 1111 <::<:: 11) .. ~~ (i ~~ ~ ~ _ ~ I ! I I:.' ~.,. -, ~~:. r,s ~ ~ : ~~ ~~ ~;:ia~,;.....:~d ~'.::.. ~~~~ ~ Ill! .. is ~ .::.. lie ii, ~ :<:....~ ~ ~~...: l!:~ .i .. '" 10" t: or .. .~~ l:: i~ ~.~ ". d!. ,r::,:- ~~~~ w: ij !~~ i ~i..r"i' , ~~e ~ 9; ~ illl Ii -:'~~'~~~'""5' -to ~" ~~~;:; I i 'OQ ,= "b ~ .. ~ ~ .~ !=:l:-< ... ~ OJ llCi ~~ l'i':" ~~r' .J_' ~~ei ~ ~ ~~S.;~d!I~~1 !' ~ I ~ r ~ BA YSIOE ORIV[ 60' R/W ~I ~~ ~ $i~ - - - ~~ ~ ;!S 0.. ~II"~ ~~ ., ~ ~..~ ~i!l N 00'01'46" W J9408' !:!~~ ~: L c... 1Wf' '" _LOU r. ....4><0........ or "ut" ~ !~~ :1 ~~,,~ 9~ ~le!;j~ l" !:ij ~Q~ ~ ::.....~c ~ ;i! ~J!.. !~ ~ ~ ~~ ~~ ~!i!e / r / ....... / f- a -.! , ~ , 9 ~ 11 t ~ , ~ ~ ~ l ~ ~ '" .... ~- - - -L- - - - .- !;j ~ ~- = -=--r- = ~ ~~ ~ ~ii~ r ~~iI~ t~a~ ",Eli ~ -. III III '" Dl! U '" ~ II> II> w '" U ~ ~ ~ ~ ... '" l Cl SHADOWLA WN :VE: 60' R/W .... a -.J !.l ~"'~ t! ~ ..;u;!:. ~.,tJ ..;~~ g~!2~ i;~h ~A......, ~ .tg 8"" ~ jjj~~ .l'l:!1Il '"!5 :::-:g z ~ ~c: Q ~...~CL ~~~c ~~8~ x.~a~ ~~-.i 9g~~ p... ~ ~i~~ aZ3b ~~~~ Q~"'e: l!:! "'3....... ~~~I;j ~.:t:r is ~IX"'~ ~VljJl:! ~~~g ~ u~gVl~~~~~ 5i!~ ~ ~~~~I~Z6~ ~~!Vl 3x8~ c .zoIXab~~~ _ ....S3"" 0 'f....il'l!"'~ IX 15<l!!;S ~ ~c"'~"'ltVle !J;jtl~ is ~I\lsu\ls~::lj.i ~..<< III "'" l>- 0 :z..... ~~b~ l5 ~~~i~~~~~1 ~I' :~~~ ~ ~!~~i~~g~~ ~ i ~~ ~II ..~! '!In~ ~inn ~ $!n$ 0'0-' N()(I"'d. tl3S"" \o(O.)I~ ....'" to"(:60 tootl~(/LO 'bp"l:llq:\lU ":..1\14 ,,,"\.:a.:J~n:P'l\"C-",,\,,: EXHIBIT "A" ~~ ..... ... -~ ~ - - on -== OJ ... _ C> ... OJ ..... - - ..: <::::>:;; II:'-- => .-.8= ...- _ _ .-:I 0-:1 ~ ::; It..) ~ ~..... - _ C>... OJ OJ C> CIO ....... CT'O co... ~." . .-. ""- ("W"') ~... OJ "" .. =~ 0::: 0-:1 ~ C> S::! _....~ --..... e--I ...... .. C> _ ..., - c:::> ~ -+-S '--C) .... '" <-...J '" ~ C""'") .-: ~~ ""~ ...- C> __ '->- =~ ... C> 3 - ... "" ... ...- '"" C> ... - =- ...::: C> _ ~ ...-- C> ~ -- IlooIC ...c __ "'-- +..31.......... 4J ....::t ~..... ~ u__ PROJECT: Miller Square FOLIO: 73280680002, 73280720001, 73280760003, 73280840004, 73280800002, 73280880006, 73280920005 178 SUBORDINATION OF ENCUMBRANCE THIS SUBORDINATION OF ENCUMBRANCE is given this 13~ day of i }AA<'9f~ . 2003 by Richard Santerre, Karen Miller and Addison Owens Miller; rustees of the Mary J. Miller I rrevocable Trust dated December 30, 1986, whose post office address is 500 Fifth Avenue, South, Naples, Florida 34102, (hereinafter referred to as "Lien Holder"), in favor of COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Collier County"). Lien Holder is used as singular or plural, as the context requires. WIT N E SSE T H: WHEREAS, Lien Holder is the owner and holder of that certain mortgage by and between Richard Santerre, Karen Miller and Addison Owens Miller, individually, and as Trustees of the Mary J. Miller Revocable Trust dated April 27, 1987, also referred to as the M. J. "Casey" Miller Revocable Living Trust, and the Mary Jane "Casey" Miller Revocable Living Trust and Richard Santerre, Karen Miller and Addison Owens Miller, Trustees of the Mary J. Miller Irrevocable Trust and recorded on August 25, 2000, in Official Records Book 2714, Page 3376, of the Public Records of Collier County, Florida, (hereinafter referred to as "Encumbrance"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"); WHEREAS, Collier County has requested and received from the fee simple owner of the Encumbered Property a perpetual non-exclusive 24 foot wide relocation alley easement on the following described lands located in Collier County, Florida. See Exhibit "A" attached hereto and incorporated herein by virtue of this reference (which premises are hereinafter referred to as the "Alleyway"); and WHEREAS, Collier County has requested that Lien Holder consent to and subordinate its Encumbrance to the interest that Collier County has in the Alleyway to which request Lien Holder has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Lien Holder does hereby consent to and subordinate the lien of its Encumbrance to the grant of 24 foot wide relocation alley easement described herein over, under, on and across the Alleyway and any interest of Collier County in any access, ingress and egress facilities located therein or affixed thereto. Except as subordinated to the grant of 24 foot wide relocation alley easement described herein over, under, on and across the Alleyway, or any County facilities located therein or affixed thereto, said Encumbrance shall remain in full force and effect. IN WITNESS WHEREOF, presents to be executed this 1..::3~ay of ~ has caused these ,2003. WITNESSES: ~-- ~.~~ sfgna re ~ ~. &- Pri ed Name )1za~<Jf(.A~~~ Si9.Qature (F {III) R.. I E: L-<.Jy G '- E' Iv' t) CJLu ~ r<. I Printed Name BY~ Richard J. anterre Trustee OR: 3398 PG: 1705 178 Signature By: Karen Miller Trustee Printed Name Signature Printed Name Signature By: Addison Owens Miller Trustee Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ../1- day of , 2003, by Richard Santerre, Trustee, personally known~ or ced identification _ Type of identification pro uced: iAffiU\Qt~eal) r~' "" (;omn1loIIOII 00221&13 ,\;"..1 E",,"' JuIv 02. 2007 My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _ day of , 2003, by Karen Miller, Trustee, personally known_ or produced identification Type of identification produced: (Affix notary seal) Notary Public Notary Printed Name My Commission Expires: 08/13/2003 15:35 '-0 c::> r:-- ......... ~ ,::a.., CO ~ ("ll"') ("ll"') ~ C) 2392618646 PARKS AND STEWART LA PAGE 88/09 178 ~ KefJcu~ K8ren Iller Trustee By: Addl$on Owens Miller Trustee Slgnlltu... PrInted Name SlgNlturu Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing Instrument Wall acknowledged before me tt1ls _ day of . 2003. by Richard Santerre, Trustee, personally known_ or produced Identification _' Type of Identiflcatlon produced: (Affix notary seal) Notary Public Notary Printed Name My Commission Expires; ~ CrCO;;K'~ STATE OF I=l:elll.l COUNTY OF ~QI..L.lr~ C-A.. ,PflS If A The ~ing Instrument WilS acknowledged b.fore me this --'3..... day of ~ . 2003. by Karan Miller. TruS~P8r1lOna1lY known or produced Identifi on _' Type of identlflcatlon produoed; ,.. \ h y 5. J...t ~ (Affix notary seal) Q~-: ~~:'~ .- NoCary Printed Namu . LJ. LJ. I~ I-iec.. y-e. .s My Commission Expires: 08/13/2003 16:03 2392G18E.4S PARKS AND S-l::I,~Af.'- LA PA'3E 16/13 178 Signeture 8'" f_ Kar~n tAiller T r'-lstee Pr~nti!O Name Signature Printed NllIme r-- c::> r-- ....--t B'.~~~ Tn.listllle SIQl'!!!!.!r ~ --:'O"'JI.> \--<o~ HCI h: Printed Name C) Q..o ClO c:::I"\ CV"') CV"') S'rATE OF FLORIDA COUNTY OF COLLIER The foregoing Inslrvmenr was aCknowled~ed before ml tnrl! _ day of . 2003, by Richard SlilMlerrlil, T'~<Jlllee. p.3ffiOnally known~_ or produced idenlifi~l!ltion __' Typ.. of identification pri)di.le~d. ______ ~ c::> (Affix notary SBoIll) 'N01rlJY Pu;';- Notallyp;:;~,;{T",,';'me My COrrlm;s.$lon Expires: STATe OF fL8RI~A COUNTY OF~ The foregoing iritrum&nl was acknowtQ~"<l before me this Oay of -' 2001, by Karen Mi!ler. TfU~leijl, pe~sor]a'Jy kn::lwf'l_-=orprod'JCed idllntific.ition Type of identificatlon prOduced' ____ _' (AYix not21)i ,elll) ~l'PU;:"iC Notary Printed ~Jim1e My CommiS!i;.jll Expires: e8/~3/2003 16:03 :3921018641:. PARVS AI'.It STE:IART L~ FAGE 17/18 .~ ~~C/V') . . STA~E OF-. /~j COUNTY OF , 178 411"l ";"he foregoing inlil:unl'"nt was a[;krnNl~dSE<d before m.. day of 4~ ' 2003. by Addis:>, O/VI!-r.~ r,11i1er, -'rus. ~. arsanall/ll'nown _"' pre oed identifiClltoon _ T'IP9 of iDentifi~tiQ" orOdwC':;:d. _ Or (AflIx no:sry sel!ll) ~~_/~~ Notary PUbliZ,' N / eJ r1. -I.. tJtI c/e /t../H,' /1:: NOti1ry i='rinted ~!lml!' ~~.A\ "1' . '.f'. '" o '.r. ._ ~.~.t~: i ~~ -.;.Pi".~ 'h'" . ~ 0"'(14; SeAl -I NOTARY PUBLIC STATe OF WfSI ~II/GINrA LINDA p. LOUDERMILK 51!) N. MONROE ST AlDe~SON. Wv 2.91~ Mv C_iUion bpi,.. Apr, S. 200s My CCIT'I1~ssjon Em,res: ~ S, 02C10S- co c:> r- ~ C) ~ co en cY') cY') c:x: c::::> *** OR: 3398 PG: 1 ~! ~ '" ll~ ii ~ ra~ ~ _ ~!! it.' ~..,.-. !~~. ~ ~~ : t ~~ ~'~~~'''~':-'''':~I'l~'''' ~~t~ ~ic k~ ll!~' ll. 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