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Resolution 1983-2000084;_.,...? COLLIER COUNTY 1 �Ip 1.:33 l,ov 22 Al ti RECORDED RESOLUTION NO. 83- 200 ..eV0WL,r RESOLUTION TO VACATE CERTAIN ROADWAYS, LOT LINES, DRAIN- AGE AND UTILITY EASEMENTS, AND ACCEPTANCE OF CERTAIN EASEMENTS IN GOLDEN GATE UNIT TWO, PART ONE, AND GOLDEN GATE UNIT FOUR, PART ONE, AS RECORDED IN PLAT BOOK 9, PAGES 116-120, INCLUSIVE, AND PLAT BOOK 9, PAGES 121-124, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. �i �01 n28 PAGE WHEREAS, pursuant to Florida Statutes §177.101, the Board of County Cum- miss:oners of Collier County, Florida has received a petition from Avatar Holdings, lnc. to vacate part of a recorded plat for the purpose of the creation of a Planned Unit Development; and WHEREAS, said Board has held this day a public hearing to consider vacating said part of said plat more fully described below, and notice of said public hearing and petition to vacate was given as required by law; and WHEREAS, the granting of the requested vacation will not adversely affect the ownership or right of convenient access of other property owners; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that the following described roads, lot lines and easements be and are here- by vacated: SEE EXHIBIT "B" BE IT ALSO RESOLVED, that the following ennementn are accepted: SEE EXHIBIT "A" BE IT FURTHER RESOLVED, that the Clerk is hereby directed to record this Resol- ution and Easements in the public Records of Collier County, Florida, and to make correction on the nforennid pinta thereof. This Resolution adopted after motion, second and roll call vote as follows: Commissioner FistOr *btioned anx ave 0 Z Commissioner cruse Seconded and ave W Commissioner Voss Aye O U � Commissioner Holland Ave /r Commissioner Brown Ave DATED:,Novenber 15, 1983 ATTEST -,'/� WILLIAt1 J'rREAGAN, Clark .`,o j •Approved••at to form and legal f/G BURT L. SAUNDEr RS. 00UNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DAVID C t BROWN, CHAIRMAN IooK 078Prt 629 Nove+(r 15 I �8316Dd 9 Warpant32 Deed �60IIK 078rVJ 630 N° 1597 A This indenture, made and executed this -'�L�'"v day of August , 1983 by CiTY NATIONAL BANK OF MiAM1, ►' �i �•�` a national tanking association of Miami. Dade C'uunh•, Florida. as vaster under the provisions of a certain l{i •,_ Lind Tout Agreement dated the 15th day of November, 1970, hereinafter called the grantor, to G: OOLLMR COL'NI'Y whose post office address is Collier County Government Complex 3301 Tamiami Trail East, Naples, F1, 33962-4977 hereinafter called the grantee: Witnesseth: That the grantor, for and in consideration of the sum of S10.00 and other good and valuable considerations, to it in hand paid by the grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and said grantee's heirs and assigns forever, the following described land situate in Collier County, Florida, to-%vit: Legally described on Exhibit "A" attached hereto and by reference made a part hereof. The Property described herein is being conveyed and dedicated to the Grantee for use as streets, boulevards, terraces and lanes for the perpetual use of the Public for the aforesaid purpose. Subject to restrictions, casernt-nitsand reservations( including oil. gasand mineral rightsand/orleases) (L of record applicable thereto. and to taxes for the current year and subsequent years. TO HAVE AND TO HOLD the same unto the said grantee in fee simple. And the said gnntordoes hereby covenant with the said grantee that, except as above noted, that at the 1�\ time of the delivery, of this Deed the premises were free from all encumbrances m•ide by said grantor, and that said grantor will warrant and defend the same against the lawful claims and demands of all persons claiming, by, through or under mid grantor, but against none other. AVATAR PROPERTIES INC. grantor's predecessor in title, by joinder in the execution of this instrument, withoutclaiminganypresenttitle tothe a(oredescribedrealproperty,does hereby covenant With the slid grantee that the said CITY NATIONAL BANK OF MIAMi, as tnlstee, is lawfully seized of land in fee simple, that it has good and lawful authority to sell and convev said land; ,and the said AVATAR PROPERTIES to INC. hereby fully warrants the title of +aid land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as described hereinabove. -In Witness Whereof; the grantor and AVATAR PROPE•RTiES INC. have caused these presents to be executed in their names, and their corporate seals to be hereunto affixed, by their proper officers thenwnto duly authorized, the day and year stated hereinabove. Signed, scaled and delivered 4PL041 ` f in the presence nf: ^ O J i �' r� ^ �t lJ rr �T,\ %� ill' NATIONAL BANK OF MLAMi, as trustee I,i•`�, Wit• .�;;3 � D Y1c(es Stg[:p�' 7rv;T Oi ; H s' a , rTESTr'�_� '" 11 >' (CORPORATE SEA )r `• \ /—L = L<..�� *n(� CM 0'',TE Tf.JST CMCER / \r J '�.SE L,i . � FIOP,lOA ( CORPORLIATE SEA �c I `( This instrument Was Prepared By: B1': Staaior Nmdr,lr TAh 1a.lro,r,rat n'.1 r._...•a nr ►dl olfka Do Iwo, won', 1 ,,,,w. 131111 �• •'`�Lri"�� '�.� U*701',I •, g?_ t`f eNre° 5 �.4�. K� ., fff�^•>f V.i •%`�.fUi I l :R ' i % Nowrtter 15, 11 • C -; n n(� iJ`!I_'I�. STATE UP FLORIDA County of Dade PAGE I hereby certify that on this day, before me, an officer dulv authorized in the State and County aforesaid to take acknowledgments, personally appeared ' 17 F. DANDO and well known to be the '-n:,.a t n L,.;1 cr71c A and FCCJ"•",ic TnJof C.-HCER , ---- ___ respectively, of CITY NATIONAL BANK OF 1AIA`.II the corporation named as grantor In the toreCoing Deed, and that they severally acknowledged executini; the same in the presence of two subscribing %%itnesses freelvand voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. Witness my hand and nlficial seal in the County and State last aforesaid this "' day of 19 My Commission Expires on: NOTARY PUPUC STATE OF FLORIDA MY COMMISSION EYPIRES MAR It 1987, ECNDED TMJ GC:EP.AL INSUL'.NCE UND STATE OF FLORIDA County of Dade SS Notary Public 5tn10 of QIt f it e1 w Cc PU:,!.IC Q I hereby certify that on this dav, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared DCrltl�s T. Gr't7nan well known to be the Vice President of AVATAR PROPERTIES INC., the corporation named hereinabove as joining in this Deed, and he acknowledged executing the same freelyandvoluntarily underauthoritvdulvvested in him by said corporation, and that the seal affixed thereto is the true corporate seal of said corporation. Witness my hand and official seal in the County and State last aforesaid this �� day of 19. My Commission Expires on: t:O-acY P-,"- 'C ST:.Tr OF FLC?IDA �'t' C:: :' :'•:S:I :"1 [rp;::c S,Dr '.7 19+t Notary Public V. '. BOOK 078,1431 Ut, i U J 4 P�II� lij I November 15, UT9t�3 � 'Jilln001� PACE` eooK �gr;'.� 632 RIGHT-OF-siAY AND EASEMENT KNOW ALL MEN BY THESE PRESENTS that AVATAR PROPERTIES INC., a Florida corporation whose address is 201 Alhambra Circle, Coral Cables, Florida 33134, ("Grantor"), in cur.sidera- tion of the sum of TEN AND N0/100 ($10.00) DOLLARS, and other good and valuable considerations, receipt of which is hereby acknowledged, does grant to AVATAR UTILITIES, INC., a Florida corporation, whose address is 201 Alhambra Circle, Coral Gables, Florida 33134, ("AUI Grantee"), and COLLTER COUNTY, whose address is 3301 Tamiami Trail East, Naples, Florida 33942, ("CC Grantee"), an easement for a right-of-way in, over, sander, upon and across the following described land of Grantor, situated in the County of Collier, and State of Florida, and more Darticularly described on Exhibit "A", attached hereto and by reference made a part hereof. The right-of-way granted hereunder to AUI Grantee shall be exclusively and only for construction, operation and maintenance of water and/or sewer trnnsmiRRion and distribution lines. The right-of-way granted hereunder to CC Grantee shall be orrly for drainage purposes. TOGETHER with the right and privilege to reconstruct, inspect, alter, improve or relocate facilities or any of them on or under the right-of-way above -described, with all right.a nncl privilecr„n neoonnnry or convnuiont for thn full enjoyment or usu thereof for the above -mentioned purposes, including the right of reasonable ingress and egress over adjoining lands of Grantor for the purposes of exercising the rights granted hereunder. The Grantees shall have the right to clear the land and keep it clear of all trees, undergrowth or other obstructions within the easement areas and to trim and cut and keep trim and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement areas which interfere with the right of use of the easement areas. RESERVING to Grantor the right and privilege to use the land coterminous with the easements herein granted for all purposes not inconsistent with the use, occupation or enjoyment hereof of Grantees or except as may cause a hazardous condition; the within grant of easement is non-exclusive, except as to Grantee's use of the easement areas as above -described. THE easements granted hereunder shall automatically expire and terminate, in whole or in part, upon removal, relocation, or abandonment by AUI Grantee and upon approval by CC Grantee of any land use plan or plat affecting or enpAmpassing nny easement area granted therein. IN WITNESS WHEREOF, the Grantor has executed this Instrument this L✓ day of _)j 1983. Signed, sealed and delivered in the presence of; � v _ Witness Witness AVATAR PROPERTIES INC. (CORPORATE 69AL)";,'�' BYr Q rI ATTESTi�/j�_rt(.. '�,,i•U�✓ 9 November 15, 19,-�ti�-•i PAGE n STATE OF FLORIDAt :SS o g� COUNTY OF DADE I HEREBY CERTIFY that on this �Yl day of t'iJ!C-Ls.^•1983, before me, a person authorized to take acknowledgments, N personally appeared and vs �• ' pectively, of AVATAR PROPERTIES INC., a Florida corporation, to �• me known and known by me to be the persons who executed the foregoing instrument as such officers and they severally acknowledged the execution thereof to be their free act and de_L• as such officers for the uses and purposes therein mentioned and that they affixed hereto the official seal of said corporation and that the said instrument is the free art and doed•of.said corporation. IN WITNESS MIEREOF, my signature and official seal at �S ,Coral Gables, County of Dade, State of Florida, on the day and dear Last aforesaid. -= •t���, :,4�ti Notary Publi& State o Florida at rge My commission expiresi BOOK 078Px, 633 -2- 1.1 J L V V 1 .i V V November 15, 1983 BOOK 078r,A•.f 0114 PAGE EXHIBIT A Unit 2 Part 1 Golden Gate: From the NE corner of Lot 8 Block 67 NORTH 52.0', thence i4W an arc distance of 8.03' on an arc of 52.0' radius (A8' 50' 59.6") to P.O.B. on the original north Right -Of -Way Line of 16th Place SW, thence continuing NW, W, S SW on the same arc of 5210' radius an arc distance of 132.30' (A145' 46' 23") to a point of reverse curvature, thence SW d W an arc distance of 28.20' (464. 37' 23") on an arc of 25.0 radius to a tangent point on the original north Right -of -Way Line of 16th Place SW (Which tangent point is 5.67' west of the original SW corner of Lot 22 Block 69), thence EAST along the 'original north Right -of -Way Line of 16th Place SW a distance of 120.95 to the P.O.B.. Total Area - 3473 square feet or 0.08 acre. Unit 4 Part 1 Golden Gate: From the NE corner of Lot 10 Block 159 NORTH 52.0', thence NW an arc distance of 8.03' on an arc of 52.0' radius (A 8' 50' 59.6") to P.O.B. on the original north Right -of -Way Line of 16th Place SW, thence continuing NW, W, � SW on the same arc of 52.0' radius do arc distance of 132.3u' (6145' 46' 23") to a point of reverse curvature, thence SW A W an arc distance of 18.20' (664- 37' 23") on an arc of 25.0' radius to a tangent point on the original north Right -of -Way Line of 16th Place SW (Which tangent point is 43.43' east of the original SW corner of Lot 17 Block 150), thence EAST along the original north Right -of -Way Line of 16th Place SW a distance of 120.95' to the P - 0 . 8 . . Total Area - 3473 square feet or 0,08 acre. EXHIBIT A Page 1 of 3 pages. M LO N M/'s^0.rrN 11�K O O in t� N CDC N7-7 :. �. Q Q Vj Q N Q) ,n U 0 I N o Ul) (o O O C N J 1N3W3SV3 J.lnun a 3'JVNIV80 co S3W003B IA/8 031VDVA O rrri � J 81 tOZ O a 10'25 HiKN 6'09 4-oZ Y U OO m _ N ►n N C' O o J z w £E'ILb*61 LLJ N � I O a N tfj U w m '} MLLJ O M Z o N th 3 F co Q d aM J n U) m Q Q w d O Ll a Sri a = N c 0 £6 +el I +oZ MS1 30d-ld 191 M/a,09 m +s J Al EXHIBIT A PAGE 2 OF 3 PAGES, f1'7IJ. , . ono 1 0; 2 November 15, 19939 1 G 3 c CIO 'K P A .ri C N M 0. Q CID Q M N (p OOK 0 0 In L0 14- o — a 00 11N3W3SV3 kiniin 9 30VNIV8G Q S3161003B M/a G31VOVA O 0 � m rr o °- O LC) _ m ,0Z5 Hl2JON g64.g9+6£ O LC) L0 m U cV O m M N 1~? O C N Ct 0 d° �~ a • cn MQ 0 lqrw N tr ..-- O N W J b'8S +6£ 3d M/�1 ,09 I L0 m J gob'01 +ob sov•se +a� I ILD I_ M m J EXHIBIT A PAGE 3 OF PAGES. 6";J r J I U (� �, November 15, 1"�� �....._.., ; R BOOK A G B EXHIBIT A 1. The following lands, set forth and described in the plat of Golden Gate, Unit 2, Part 1, as shown in Plat Book 9 on Pages 116-120, recorded December 2, 1969 in the Public Records of Collier County, Florida and said lands shall be as described below even though the applicable portions of the plat have been vacated. The right-of-way easement granted herein shall be the utility and/or drainage easement encompassing the original dedicated rights -of -way in the above referenced plat: Easement A: 45th Lane SW, from the North right-of-way line of 16th Place SW, to the South right- of-way line of Green Boulevard. Easement B: 16th Place SW, from the East lot line of lot 8, Block 67, to the West right-of-way 1.i•ne- of 43rd Lane SW. 2. The right-of-way easement granted herein shall cover the original six-foot dedicated easement along the following lct lines of the above referenced plat: Easement C: West line of Lot 15, Block 66 Easement D: East line of Lot 14, Block 66 Easement E: West line of Lot 12, Block 66 Fasemrnt F: East line of Lot 11, Block 66 Easement G; West line of Lot 6, Block 66 Easement H: East line of Lot 5, 81ock 66 Easement I: West line of Lot 1, Block 66 Easement J: East line of Lot 18, Block 67 The following lands, set forth and described in the plat of Golden Gate, Unit 4, Part 1, as shown in Plat Book 9, on Pages 121-124, recorded December 2, 1969 in the Public Records of Collier County, Florida, and said lands shall be as described below even though the applicable portions of the plat have been vacated. The right-of-way easement granted herein shall be the utility and/or drainage easement encompassing the origi- nal dedicated rights -of -way in the above referenced plat: Easement K: 54th Street SW, from the North right-of-way line of 16th Place SW, to the South right- of-way line of Green Boulevard. BOOK 078 rj•.r 637 UUIUJC UUiU)I • November 15, 1983 :�r coon PAGE HOK OWA'! EXHIBIT A (Continued) Easement L: 52nd Terrace SW, from the North right-of-way line of 16th Place SW, to the South right- of-way line of Green Boulevard. Easement M: 50th Terrace SW, from the North right-of-way line of 16th Place SW, to the South right- of-way line of Green Boulevard. Easement N: 48th Lane SW from the Point of Curvature of Station 59+35.4* of 16th Place SW, to the South right-of-way line of Green Boulevard. Easement 0: 16th Place SW, from the East lot line of Lot 10, Block 159 to the Point of Curva- ture of Station 59+35.4 of 16th Place SW*. * As delineated on the paving and grading construction plans prepar- ed by Connell, Metcalf b Eddy, Coral Gables, Florida, Project No. 9309, dated July 30, 1980. The right-of-way easement granted herein shall cover the original six-foot dedicated easement along the following lot line of the above referenced plat: Easement P: East line of Lot 11, Block 159 Easement Q: West line of Lot 12, Block 159 Easement R: East sine of Lot 16, Block 159 Easement S: West line of Lot 1, Block 147 Easement T: East line of Lot 6, Block 147 Easement U: West line of Lot 7, Block 147 Easement V: North line of Lot 13, Block 147 Easement W: South line of Lot 14, Block 147 - 4 - L«•.•J�' tiovwbor 15, 1983 Jar, PAGE EXHIBIT "B" Road Rights -of -Way to be vacated: 1. 45th Lane SW from the north right-of-wny of 16th Place SW to the south right-of-wav line of Green Boulevard. 16th Place sW from the enst lot line of Lot A, Block 61 to the west right-of-way line of 43rd Lane SW. 3. 50th Terrace SW from the north right-of-way Line of 16th Place SW to the south right-of-way line of Green Boulevard. 4• 48th I.nna SW from the Point of Curvature of Station 59435.4 of 16t" P1nCe SW to the south right-of-way line of Green Boule- vard as designated on the paving, grading and construction Plans prepared by Connell, Metcalf and Eddy, Coral Gables, Florida, Project Number 9303, dated July 30, 1980. 5 Street Boulevard to Sthe fno norom rth rightUof-wayghline ofy 16the Place rSW. 6. 16th Plnco SW from the enat lot lino of I.at 10, Bloc [c 197, to the Point of Curvature of Station 59+35.4 of 16th Plata SW as delineated on the paving, grading and construction plans prepared by Connell, Metcalf and Eddy, Coral Gables, Florida, Project Number 9303, dated July 30, 1980. 7. 52nd Terrace SW, from the north right-of-way line of 16th Place SW, to the south right-of-way line of Green Boulevard. TOGETHER WITH: the LOT LINES, Drainage and Utility Easements to be vacated, following described parcels: lying within Golden Cate Unit Two, Part One. All of Blocks 66 through 69, inclusive, and Golden Gate Unit Four, Part Onr.. All of Blocks 147, 148, 150, 151, 152 and 159. OO�K 078Wr 639 7"K •K;