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Resolution 2021-012 RESOLUTION NO. 2021- 12 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 50-FOOT DRAINAGE EASEMENT LOCATED IN TRACT B OF MARCO SHORES UNIT ONE, AS RECORDED IN PLAT BOOK 14, PAGE 33 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20200001556] WHEREAS, pursuant to Resolution 2013-166, Petitioner, David Hurst, P.E., of Peninsula Engineering, on behalf of the property owner, has requested the vacation of the County and the Public interest in a portion of the 50-foot drainage easement located in Tract B of Marco Shores Unit One, as recorded in Plat Book 14, Page 33 of the public records of Collier County, Florida, located in Section 26, Township 51 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 a portion of the 50-foot drainage easement located in Tract B of Marco Shores Unit One, as recorded in Plat Book 14, Page 33 of the public records of Collier County, Florida, located in Section 26, Township 51 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. 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 Marco Shores Unit One, as recorded in Plat Book 14, Page 33, of the public records of Collier County, Florida. [Space Intentionally L — -- INSTR 5989247 OR 5880 PG 2201 RECORDED 1/22/2021 3:26 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 [20-EIS-04307/1583995/1] Page 1 of 2 yr THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this the 12thday of January , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K.-KIN,ZEL, CLERK COLLI'R y.,UNTY, FLO A j By: ! Attest as to Chai Clerk Penny Tay r, Chairman signature only Approved as to form and legality: By: I�r Derek D. Perry -,� Assistant County Attorney c--) \ld ti� Attachments: Exhibit "A"— Sketch and Legal Description Exhibit"B"—Location and Site Map [20-EIS-04307/1583995/1] Page 2 of 2 i EXHIBIT "I,w DESCRIPTION Being a portion of the 50 foot drainage easement within Multifamily Site Tract "B" as shown on the plat of Marco Shores Unit One recorded in Plat Book 14 at Pages 33 through 38 of the Public Records of Collier County, Florida, being more particularly described as follows: COMMENCING at the westerly most corner of Multifamily Site Tract "B" as shown on the plat of Marco Shores Unit One recorded in Plat Book 14 at Pages 33 through 38 of the Public Records of Collier County, Florida thence run North 64'26'14" East, along the northerly line of said Tract "B" for a distance of 622.21 feet to the POINT OF BEGINNING; thence continue North 64'26'14" East along the northerly line of said Tract "B", for a distance of 24.66 feet, to a point on the northerly boundary of said Tract "B" and the centerline of said 50 foot drainage easement; thence run South 75'00'40" East, along the northerly line of said Tract "B", for a distance of 26.00 feet to its intersection with the easterly line of said 50 foot drainage easement; thence run South 00'57'37" East, along the easterly line of said 50 foot drainage easement, for a distance of 137.10 feet to its intersection with the northerly right of way line of Mainsail Drive as shown on the plat of said Marco Shores Unit One, thence westerly along the northerly right of way line of Mainsail Drive and along the arc of a non-tangential circular curve to the left, whose radius point bears South 01'42'12" West with a radius of 1075.00 feet, having a chord bearing of North 88'34'34" West and a chord distance 10.49 feet, having a central angle of 00'33'33" and an arc distance of 10.49 feet; thence run North 07'59'35" West, for a distance of 85.19 feet; thence run North 29'22'37" West, for a distance of 55.71 feet to the POINT OF BEGINNING. Containing 3285.55' square feet or .08 acres more or less. GRAPHIC SCALE 0 200 100 100 STATE OF FLORIDA NOT SUBDIVIDED PER PLAT i ( IN FEET ) N���v / - / 1 inch = 50 ft. cP w�Z �/ �`r '` POINT OF ko BEGINNING i1 -- i i � 2 2A A �"E 62 TRACT "6" 6'1 MULTIFAMILY SITE •POINT OF / N64 2 I I J 5.57 ACRES +/- COMMENCEMENT WESTERLY CORNER I 50' DRAINAGE TRACT "B" \ — EASEMENT (PER PLAT) Cl —___________ _ REVISIONS: _ _MAINSAIL DRIVE Y.1. REVISE SHEET NUMBER, R. , 08/11/2020. 2. REVISED PER COMMENTS, R.Y., 09/24/2020. 100' RIGHT—OF—WAY Notes: 1. This is not a survey 2. Bearings are based on State Plane Coordinates Florida East Zone NAD 83, 1999 adjustment based on the northerly right of way of Mainsail Drive between a line struck between the westerly end of the 194.23 tangent and the westerly end of the 341.75 foot tangent on the LINE TABLE south line of Tract 'B" as shown on the Plat of Marco Shores Unit One as being North 89'43'06" West rotated from the plat bearing 00'00'41" counterclockwise. LINE BEARING DISTANCE 3. All dimensions are in feet and decimals thereof, unless otherwise indicated. 4. Subject to easements, reservations and restrictions of record. LI N64'26'14 E 24.66' L2 S75'00'40 E 26.00' CURVE TABLE L3 SO'57'37"E 137.10' CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD L4 N759'35"W 85.19' C 1 1075.00' 10.49' 0'33'33" N88'34'34"W 10.49' L5 N29'22'37141 55.71' For the Exclusive Use Of: SK Holdings Real Estate, LLC 1. vEYING� SKETCH & DESCRIPTION ▪ a `7 -' 3 A Portion of Tract "B" ,-..,,'.• .." zr...4,: . ,,, 7.,r --,,„,, ,.. -..- u itj?4 �, Marco Shores, Unit One, Hyatt, .... _•. aL I It _ z Collier County, Florida Florida License No. 5G34 7iI C) without th g „rEG LIABILITY "AN Y CLIENT: SK Holdings Real Estate, LLC Not valid e i nature and original sea! of the Florida Licensed MARCO SURVEYING & MAPPING 3205 BECK BOULEVARD PROJECT j:l P041 SUB PROJECT: Easement Vacation Professional Surveyor and Mapper NAPLES, FLORIDA 34114 Certificate of Authorization #7705. (239) 389-0026 DRAFTED BY: DATE SCALE WO NUMBER SHEET# DRAWING NO. WW .MARCOSURVEYS.COM R.Y. 06/2020 1"= 100' 20-336 1 of 1 1-154 J I- ILI cm z--za �0 0O owm> �� W CO 0 z / I- o co Z cn oa 41 o .� Q 0. 0. U) w U1 vi o CD Z w N 0 o Z CO Q U pa Q w E-� w a z 1-- I o d I-M C QZ v �-1 zW ~ �w o a wcn oM w M 0, ww QQC.) 'b a Co Q Zw oho o LCD _I CD in CL w E n .-1 IY o iI o c z0o > a O 9. > 'S .Q I-1 31VOSO10N �v ( NMd o a.. T O QN c . 2ca F _ y W I H7 � ,mc�ro o _ �a� a ja o a o OU N NO Va wb M y z •5 'L \ N' ��> 0� N �p� P 1V in.C7CN > •P�\ `Siz I O ~Q 0 U Z 0 pp55 Fi $ov z o n Z3r` N O o Aga . ,.. P aim. , I rnX 8 N NCVO^ P V Do i. _... iii ' NE JIL l ss a s) aaVA3lnoe a3nloo �'� ti,- s� I lie N Project: Miscellaneous Projects 99999 Parcel: 479DE Folio No.: 59430080007 DRAINAGE EASEMENT (without responsibility for maintenance) oo0073Z mcn THIS DRAINAGE EASEMENT, made and entered into this 12 day of cn�F 71 00 7J January 202 .by SKC MARCO SHORES, LLC, a Florida limited liability moo 0, company, whose mailing address is 6646 Willow Park Drive, Suite 1, Naples, FL 34109 0,o m m (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of o o O = a the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of o z m N the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as 7J -< N 30 CD "Grantee"). m• 0 • c • W p (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to 0 o c rn -0 this instrument and their respective heirs, legal representatives, successors and O > Oc -0 O assigns. Grantor and Grantee are used for singular or plural, as the context requires.) - o D > (n Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable o m consideration paid by the Grantee, the receipt and sufficiency of which is hereby o acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a O perpetual, nonexclusive drainage easement to enter upon and to install drainage structures, including but not limited to ditches, swales, earthen berms, rip-rap and o retaining wall systems, underground pipes, various types of water control structures and r- 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 HOMESTEAD PROPERTY. 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. WITNESSES: SKC MARCO SHORES, LLC, a Florida limited liability company J .A.' L—N) B (Signature) onatha* Kass•lis • Nitai t,r b Utus% Authori2ei Person (Print Name) co (Signature) VU L,We - (Print Name) C.10 STATE OF Floc COUNTY OF (Gof, 1C� The foregoing Drainage Easement was acknowledged before me by means of physical presence or Ea online notarization this 11 day of ( }-14) 202 ), by ,,ArA1Gk'k-1ii . (c,(ni,S , who: is personally known to me OR produced as proof of identity. (affix notarial seal) oett A . ,Ukt&;: (Signature of Notary Public) C .v‘ L. Wes 6\ (Print Name of Notary Public) " TART L. WESTON / 1 061 MY COMMISSION#GG54100 Serial /Commission#(if any): G(9 l I CO ‘0,Fc,EXPIRES:December I I.2020 My Commission Expires: I 2-1 I t Z02-0 Acceptance by Grantees ATTF.»S' ', '•eva BOARD OF COUNTY COMMISSIONERS CRY •lit;*SI dIsL,, CLERK COLLIER ' • NTY, FLO A By Clerk Penny T or. Cha roan Attest as to,Cl nTA S t}tq :instate Only._ Approved as to Fors and Legality : D..&e,GL A P Derek D. Perry THIS CONVEYANCE ACCEPTED BY Assistant County Attorney THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, PURSUANT TO AGENDA DATED /12/2021 , ITEM` No. 17.3. Last Revised:06/26/18 n yr J I EXHIBIT ''A DESCRIPTION Being a portion of Multifamily Site Tract "B" as shown on the plat of Marco Shores Unit One recorded in Plat Book 14 at Pages 33 through 38 of the Public Records of Collier County, Florida, being more particularly described as follows: COMMENCING at the westerly most corner of Multifamily Site Tract "B" as shown on the plat of Marco Shores Unit One recorded in Plat Book 14 at Pages 33 through 38 of the Public Records of Collier County, Florida thence run North 64'26'14" East, along the northerly line of said Tract "B" for a distance of 567.09 feet to the POINT OF BEGINNING; thence continue North 64'26'14" East along the northerly line of said Tract 'B'; for a distance of 52.29 feet, to its intersection with the westerly line of the 50 foot drainage easement within Multifamily Site Tract "B" as shown on the plat of Marco Shores Unit One recorded in Plat Book 14 at Pages 33 through 38 of the Public Records of Collier County, Florida; thence run South 00'57'37" East, along the westerly line of said 50 foot drainage easement, for a distance of 131.64 feet to its intersection with the northerly right of way line of Mainsail Drive as shown on the plat of said Marco Shores Unit One, thence westerly along the northerly right of way line of Mainsail Drive and along the arc of a non-tangential circular curve to the left, whose radius point bears South 00'57'45" East with a radius of 1075.00 feet, having a chord bearing of South 88'36'43" West and a chord distance 15.97 feet, having a central angle of 00'51'05" and an arc distance of 15.97 feet; thence run North 0759'35" West, for a distance of 67.41 feet; thence run North 29'22'37" West, for a distance of 48.99 feet to the POINT OF BEGINNING. Containing 3406.77' square feet or .08 acres more or less. Prepared By: David J. Hyatt, P.S.M. STATE OF FLORIDA GRAPHIC SCALE NOT SUBDIVIDED i 0 200 100 100 PER PLAT i C ��G� / �/ ( IN FEET ) \ z�� POINT OF 1 inch = 50 ft. S ,. BEGINNING L1 0 1 561 09111111 I TRACT "B" 4�� MULTIFAMILY SITE POINT OF // N6�26 1 61111 I I 5.57 ACRES +/- COMMENCEMENT I I 50' DRAINAGE WESTERLY CORNER DRAINAGE r J EASEMENT TRACT "B" \ RETENTION AREA 41 I (PER PLAT) (PER PLAT) Cl REVISIONS: _ MAINSAIL DRIVE 1. REVISED PER COMMENTS, R.Y., 09/24/2020. 2. REVISED PER COMMENTS, R.Y., 10/28/2020. — 100' RIGHT—OF—WAY Notes: 1. This is not a survey 2. Bearings are based on State Plane Coordinates Florida East Zone NAD 83, 1999 adjustment based on the northerly right of way of Mainsail Drive between a line struck between the westerly end of the 194.23 tangent and the westerly end of the 341.75 foot tangent on the south line of Tract "B" as shown on the Plat of Marco Shores Unit One as being North LINE TABLE 89'43'06" West rotated from the plat bearing 00'00'41" counterclockwise. LINE BEARING DISTANCE 3. All dimensions are in feet and decimals thereof, unless otherwise indicated. 4. Subject to easements, reservations and restrictions of record. L1 N64'26'14'E 52.29' CURVE TABLE L2 S0'57'37"E 131.64' CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD L3 N759'35"W 67.41' Cl 1075.00' 15.97' 0'51'05" S88'36'43"W 15.97' L4 N29'22'37"W 48.99' For the Exclusive Use Of: SK Holdings Real Estate, LLC — `' f I r �,EYTNG SKETCH & DESCRIPTION J �F�\I. '1�'zr7 `' �y A Portion of Tract "B', ''�'� j' ' - 4' $ �` H Marco Shores, Unit One, n a Collier Florida Day/d J: dtit; pS11 ZCounty, Florida License No. 5834; �I. Not valid without the. signature and- 4 LIMITED CUENT: SK Holdings Real Estate, LLC original seal oe Floa;Eicensed MARCO SURVEYING & MAPPING ! #�t iInl1n7l 3205 BECK BOULEVARD PROJECT#:l R041 SUB PROJECT: Easement Vacation s'Professional, ieyor• , 9.dn " upper NAPLES, FLORIDA 34114 Certificate,,.Q QDth'dri2 f.8n,#7705. (239) 389-0026 DRAFTED BY.• DATE SCALE WO NUMBER SHEET# DRAWING NO. G,I,`,1. ��',,' WWW.MARCOSURVEYS.COM R.Y. 06/2020 1"= 100' 20-336 1 of 1 1-155J