Resolution 2020-129RESOLUTION NO. 2020- 1 2 9
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN
THE 6-FOOT DRAINAGE AND PUBLIC UTILITY EASEMENT
LOCATED ON EACH SIDE OF THE COMMON LOT LINE
BETWEEN LOTS 25 & 26 AND 26 & 27, BLOCK 73 OF GOLDEN
GATE, UNIT 2, PART 1 AS RECORDED IN PLAT BOOK 9, PAGE
116 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED ON THE WEST SIDE OF C.R 951 (COLLIER
BOULEVARD), APPROXIMATELY 500-FEET SOUTH OF GREEN
BOULEVARD, IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA. (PL20200000704)
WHEREAS, pursuant to Resolution 2013-166, Petitioner, Michael J. Delate,
P.E., of Q. Grady Minor & Associates, Inc., on behalf of the property owner, has
requested the vacation of the County and the Public interest in the 6-foot drainage and
public utility easement located on each side of the common lot line between Lots 25 & 26
and 26 & 27, Block 73 of Golden Gate, Unit 2, Part 1 as recorded in Plat Book 9, Page
116 of the Public Records of Collier County, Florida, located in Section 22, Township 49
South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit
A, attached hereto; and
WHEREAS, the Board of County Commissioners, on this day, held a public
hearing to consider the 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 affect the ownership
or right of convenient access of persons owning other parts of the subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and
public interest in the 6-foot drainage and public utility easement located on each side of
the common lot line between Lots 25 & 26 and 26 & 27, Block 73 of Golden Gate, Unit
2, Part 1 as recorded in Plat Book 9, Page 116 of the Public Records of Collier County,
Florida, located in Section 22, Township 49 South, Range 26 East, Collier County,
Florida, being more specifically shown in Exhibit A, is hereby vacated, extinguished,
renounced and disclaimed, and this action is declared to be in the public interest and for
the public benefit.
[20-EIS-04250/1548598/11
PL20200000704
6/ 18/20
1 of 2
INSTR 5896843 OR 5791 PG 312
RECORDED 7/22/2020 2:08 PM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC $27.00
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 Resolution on the plat of Golden Gate, Unit 2, Part 1 as
recorded in Plat Book 9, Page 116 of the Public Records of Collier County, Florida.
THIS RESOLUTION ADOPTED after motion, second and majority vote
favoring same, this the V& day of ION, 2020.
ATTEST:
CRYS} EL, CLERK
b
Deputy
Mot a0 roan
SI ate( P� �
Approved as to form and legality:
Assistant County Attorney �kRnll
Attachments:
1) Exhibit A with Location -Site Map
20-EIS-00000
[20-EIS-04250/1548598/11
PL20200000704
6/ 18/20
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: _/.
BURT L. SAUNDERS, CHAIRMAN
2 of 2
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INSTR 5896844 OR 5791 PG 315
Project: RECORDED 7/22/2020 2:08 PM PAGES 4
PARCEL: CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
Folio No.: DOC@.70 $0.70 REC $35.50
DRAINAGE EASEMENT
THIS EASEMENT, made and entered into this 2nd day of _July, 2020 , by A-1
Discount Auto Parts, Inc., whose mailing address is 1045 Granada, Naples, FL 34103,
(hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of
the County Attorney, Suite 800, Naples, Florida 34112 (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.)
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 drainage easement to enter upon and to install drainage
structures, including but not limited to ditches, swales, earthen berms, rip -rap and
retaining wall systems, underground pipes, various types of water control structures and
any and all manner of public utility facilities over, under, upon and across 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.
THIS IS NOT A HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO
TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with
the right to enter upon said land and to place and/or excavate materials and to maintain
the lakes, ponds, water courses, ditches, canals, pipes, inlets and/or water control
structures located within said drainage easement at Grantee's sole discretion, Grantee
having no obligation or responsibility for maintenance. This easement includes the right
to remove and use any and all excavated material.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
WI MESSES:
(Signature)
/I , //' ,, . // / A"-7
ame)
mature)
nt Name)
COUNTY OF
GRANTOR: A-1 Discount Auto P its Inc.
By:�
Alan Love, Vic resident/Secretary
The foregoing Drainage Easement was acknowledged before me by means ofX
physical presence or ❑ online notarization this 62-- day of ,
20A0, by Am -L • LoVP , who:
is personally known to me
OR
produced Ft crl do— Ubye CS j..ilm g . as proof of
identity.
Last Revised: 06/26/18
(affix notarial seal)
GIANNA MARIE HARTS
Commission #GG319291
Expires April 5, 2023
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STATE OF r102;d-a-
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(Print Name of Notary Public)
Serial / Commission # (if any): Gq 3i'&q
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TIV foregoing Drainage Easement was acknowledged before me by means
ph I presence or ❑ online notarization this day of
20 ,who:
Identity.
is pers Ily known to me
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produced
(affix notarial
Approved as to form and legality:
PCS't� "V—
Assistant County Attorney
Last Revised: 06/26/18
as proof of
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SHEET 1 OF 1
FILE NO 20.137
PROJECT:
ADDRESS:
FOLIO No:
INSTR 5896845 OR 5791 PG 319
RECORDED 7/22/2020 2:08 PM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC $18.50
SUBORDINATION, CONSENT AND JOINDER OF EASEMENT
THIS SUBORDINATION, CONSENT AND JOINDER OF EASEMENT given this 2nd day
of July, 2020 by First Florida Integrity Bank f/k/a First National Bank of the Gulf Coast, whose
address is_3560 Kraft Road, Naples, FL 34105 (hereinafter referred to as "Mortgagee"), in favor
of Collier County, a political subdivision of the State of Florida, its successors and assigns, whose
address is 3335 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Collier
County"). Mortgagee is used as singular or plural, as the context requires.
WITNESSETH:
WHEREAS, Mortgagee is the owner and holder of that certain Mortgage dated January 9,
2012 and subsequently modified on January 15, 2015 by and between A-1 Discount Auto Parts
Inc. (Mortgagor), and First Florida Integrity Bank f/k/a First National Bank of the Gulf Coast
(Mortgagee), recorded on January 11, 2012 , in Official Records Book 4754, Page 3216 et seq;
of the Public Records of Collier County, Florida; (hereinafter collectively referred to as
"Mortgage"); with modification recorded on January 14, 2015, in Official Records Book 5112,
Page 1015 et seq: of the Public Records of Collier County, Florida (hereinafter collectively referred
to as "Mortgage Modification"); Assignment of Leases, Rent and Profits recorded January 11,
2012, in Official Records Book 4754, Page 3225, Public Records of Collier County (hereinafter
referred to Assignment of Leases, Rents and Profits); and UCC Financing Statement between A-
1 Discount Auto Parts Inc, and First National Bank Gulf Coast, recorded January 11, 2011, in
Official Records Book 4754, Page 3231, Public Records of Collier County (hereinafter referred to
UCC Financing Statement) 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 easement, license and privilege for drainage
purposes, over, under and across a portion of the encumbered premises legally described in
Exhibit "A" attached hereto and incorporated herein by virtue of this reference (which premises
are hereinafter referred to as the "Easement Property"); and
WHEREAS, Collier County has requested that Mortgagee consent to, join in, and
subordinate its Mortgage to the interest that Collier County has in the Easement Property to which
request Mortgagee 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
Mortgagee does hereby consent to, join in and subordinate its Mortgage to the grant of that certain
easement described herein over, under, on and across the Easement Property and any interest
of Collier County in any drainage facilities located therein or affixed thereto. Except as
subordinated to the easement described herein over, under, on and across the Easement
Property, or any drainage, sidewalk, utility, and maintenance facilities located therein or affixed
thereto, said Mortgage shall remain in full force and effect.
IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and year first
written above.
First Florida Integrity Bank f/k/a irst National Bank of the Gulf Coast
By:
t Witness (Sig ature) Brian Keenan
Senior Executive Vice President
-LPri,rrt or Type)
cond Witness (Sign )
ANCES MENDEZ
(Print or Type)
The foregoing S ordination, Consent and Joinder of Easement waknowledged before me
by means f physical presence or ❑ online n rization �1" �� day of
20, b ` (Name) as i (Title) on be alf of
-t' elf, Such person(s) Notary Public must check applicable
box:
are personally known to me.
..,,X
❑ produced her current driver license.
❑ produced
(Affix notarial sea[)
►ai ? FRANCES MENDEZ
*: *: MY COMMISSION # GG 367909
=� EXPIRES: September 2 2023
' �pm-,� Bonded TW Wary Public Unlden�ibn
identification.
(Print'Name of Notary)
Commission #
My Commission Expires: