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Backup Documents 11/09/2021 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1,6 8 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP aece...41 1i(15 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jennifer A. Belpedio, Assistant County County Attorney ( b Atty., County Attorney's Office `1'sl 11-0-dir" 2. BCC Office Board of County Commissioners I l /10 l 3. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson Phone Number 239-252-8073 Contact/Department Agenda Date Item was November yt:5'2021 Agenda Item Number 16 .1 Approved by the BCC 1 Type of Document Declaration for Right of Way Easement& Number of Original 2 Attached Resolution Documents Attached PO number or account N/A 22.2I —224 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? -� ,....gyp by N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on November 11,2021,and all changes SS made during the meeting have been incorporated in the attached document. The :+ County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. �►5 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 168 I RESOLUTION NO.2021- 2 2 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE DECLARATION OF RIGHT OF WAY EASEMENT. WHEREAS, Collier County acquired three lots by Warranty Deed dated November 20, 2020 from Theresa Ackerman and recorded in the Public Records of Collier County in O.R. Book 5848, Page 493, for future public use for the Bayshore/Gateway Triangle CRA(BGTCRA); and WHEREAS, the described Declaration of Right of Way Easement is a necessary element to correct the 25' feet discrepancy of Right of Way discovered during the process of obtaining an ALTA survey for the demolition of the Del's Corner. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of County Commissioners to execute Declaration of Right of Way Easement described in exhibit"A". The Declaration of Right of Way Easement have been previously reviewed and approved by Real Property Management and the County Attorney's Office. 2. The authorization of the Chair to execute the Declaration of Right of Way Easement. This Resolution adopted this day of November, 2021, after motion, second, and majority vote. ATTEST: BOARD • COUNTY COMMISSIONERS CRYSTAL'K. KINZEL,rClerk of the Circuit Court COLLIE'' C TY, FLORI and Comptroller By: Attest as to ChairmanfS. 4e,puty Clerk Penny Taylor, air s en tIn only. Approved as to form and legality: Jenni A. Belpedio, Ass ant County Attorney c1 /-&"��, t68 1 E.F. Gaines Surveying Services, Inc. �., 5245 Ramsey Way, Suite 2 ~ ( 1 (' Fort Myers, Florida 33907 l v L y. i LJ f7 (P) 239-418-0126: (W) EFGaines.com LEGAL DESCRIPTION Proposed Roadway Parcel for Bayshore Drive Part of Lots 1, 2 and 3, Jonesville(Plat Book 4, Page 41) Located in Section 23, Township 50 South, Range 25 East, Collier County, Florida All that part of Lots 1,2 and 3, Jonesville, according to the plat thereof as recorded in Plat Book 4, Page 41, Public Records of Collier County. Florida being more particularly described as follows: COMMENCING at the northeast corner of Lot 4, Jonesville. according to the plat thereof as recorded in Plat Book 4, Page 41,Public Records of Collier County, Florida; thence along the north line of said Lot 4 and the north line of Lot 3 of said Jonesville, S.89°46'25"W. for 267.25 feet to a point of cusp and the POINT OF BEGINNING of the parcel herein described; thence leaving said north line of Lot 3,southwesterly 39.48 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 25.00 feet,through a central angle of 90°29'10"and being subtended by a chord which bears S.44°31'50"W. for 35.51 feet to a line which lies 25 feet easterly of,as measured at right angle to.and parallel with the west line of said Lot 3: thence along said parallel line, also being parallel with the west line of Lots I and 2 of said Jonesville, S.0°42'45"E. for 249.75 feet to the south line of said Lot 1; thence along said south line of Lot I S.89°44'29"W. for 25.00 feet to the southwest corner of said Lot I; thence along the west line of said Lots 1,2 and 3 also being the east right-of-way line of Bayshore Drive(55' wide) N.0°42'45"W. for 274.98 feet to the northwest corner of said Lot 3; thence along the north line of said Lot 3, N.89°46'25"E. for 50.21 feet to the Point of Beginning of the Parcel herein described; Containing 7011 +/-square feet; Bearings are based on the east right-of-way line of Bayshore Drive being N.0°42'45"W. Prepared by: E.F. Gaines Surveying Services, Inc. Florida License No. LB7165 PSM Digitally signed by ElizabethF.Gaines,PSM Elizabeth F. Gaines Date:2021.10.04 13:35:03-04'00' Elizabeth F. Gaines, PSM Florida License No. LS4576 Not valid without the signature and raised seal or Adobe electronic signature of the signing surveyor shown above. Reference: 0850-003 (sketch) G,�O 1 (1 II i NORTH LINE OF SECTION 23, y — TOWNSHIP 50 SOUTH, RANGE 25 EAST o THOMASSON DRIVE cD 60' R/W (PER P.B. 4, PG. 41) N 89'46'25"E 50.2"' I S89'46'25"W 267.25' r- POINT OF POINT OF 7 BEGINNING COMMENCEMENT NE CORNER OF LOT 4 RADIUS=25.00' LAI j -a LOT 3 ARC=39.48' LOT 4 FE a DELTA=90'29'10" CZ CHORD=S44'31'50"W 35.51' m rx 0. \� • '1 O va &C)QG. ti oa _z t'' :csi )— 3 N 0 Co N - .r i' LOT 2 Ln z c6 N v- PROPOSED c c 3 ..c4 ROADWAY PARCEL 0 n LO O (7011± SQUARE FEET) N i" 'c; : I o z 25' LOT 1 50 0 30 60 30' s89'44'29"W I - — ` 25.00' ( IN FEET ) i/r- 1 inch = 80 ft. P.B. = PLAT BOOK LOT 25 NOTES: QP-,Lai 1. DISTANCES SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. yh QG 2. BEARINGS ARE BASED ON THE EAST LINE OF p • BAYSHORE DRIVE BEING N.0'42'45'W. �Q0 3. THE PROPERTY SHOWN HEREON IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. SKETCH OF LEGAL DESCRIPTION Issue Date: 10/4/2021 "TillFOR ROAD RIGHT-OF-WAY PURPOSES ALONG BAYSHORE DRIVE r Field Date: N/A This is a sketch to accompany a legal description (see attached) of a parcel of land being part of Lots 1, 2 and Checked: EFG 3, Jonesville (P.B. 4, PG. 41), Collier County, Florida. Drawn: EEG E.F.Gaines Field: N/A Surveying Services, Inc. Elizabeth F. Gaines PSM Digitally signed FLLittrrtseNo,L13T165 r Date:2021.10.04 13:34:17-04'00' Scale: 1"=60' 5245 Ramsey Way,Suite 2 Fort Myers,Florida 33907 Elizabeth F. Gaines, PSM Project No.: 0850 Phone:239_418_0126 Florida License No. LS4576 CAD File: 0850-003 Not valid without the signature and raised seal or Adobe Web:EFGaines.com electronic signature of Elizabeth F. Gaines, PSM shown above Sheet No.: 1 OF 1 i t 6 B 1 INSTR 6162797 OR 6045 PG 851 RECORDED 11/22/2021 9 25 AM PAGES 3 Project: Del's Corner CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA Folio No(s): 52600080009 REC$27.00 52600120008 DECLARATION OF RIGHT OF WAY EASEMENT THIS DECLARATION is made this day of MIkie1YI R1 2021, by COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3335 East Tamiami Trail, Ste 101, Naples, Florida 34112-2309, hereinafter referred to as "Declarant." Declarant is the owner of certain real property situated in Collier County, Florida, more fully described below, hereinafter referred to as the "Property." See attached Exhibit "A"which is incorporated herein by reference. Declarant hereby declares that the Property is, and shall continue to be held and used in accordance with, and subject to a non-exclusive easement and privilege for a 25 feet Right of Way to construct and maintain a roundabout on the Property as contained in this Declaration and described in Exhibit"A," attached hereto and made a part hereof, hereinafter referred to as the "Right of Way Easement." The Right of Way Easement, as set forth in this Declaration, shall bind, and the benefits thereof shall inure to Declarant and its representatives, agents, successors and assigns. IN WITNESS WHEREOF, Declarant has caused these presents to be executed the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL iC.°I INZEL, Clerk of COLLIE CO NTY, FLORIDA The (Auittourt and Comptroller BY: 01%8 .31"1-- Att t as to Chairman'v Deputy CI k Penny Taylor, Chair signature only: • Approved as to form and legality: Jennifer--A. Belpedio a\ Assistant County Attorney ,;.• this Conveyance Approved By The Board Of County ‘ Commissioners Collier County Florida, Pursuanf To A en is Date:11-9. 1 9ltem No: I by l 1.. 16B 1 E.F. Gaines Surveying Services, Inc. IT; ;;`. n, - 5245 Ramsey Way, Suite 2 Fort Myers, Florida 33907 :I (P) 239-418-0126: (W) EFGaines.com LEGAL DESCRIPTION Proposed Roadway Parcel for Bayshore Drive Part of Lots 1,2 and 3, Jonesville(Plat Book 4, Page 41) Located in Section 23, Township 50 South, Range 25 East, Collier County,Florida All that part of Lots 1, 2 and 3, Jonesville, according to the plat thereof as recorded in Plat Book 4,Page 41,Public Records of Collier County,Florida being more particularly described as follows: COMMENCING at the northeast corner of Lot 4, Jonesville, according to the plat thereof as recorded in Plat Book 4, Page 41,Public Records of Collier County, Florida; thence along the north line of said Lot 4 and the north line of Lot 3 of said Jonesville, S.89°46'25"W. for 267.25 feet to a point of cusp and the POINT OF BEGINNING of the parcel herein described; thence leaving said north line of Lot 3,southwesterly 39.48 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 25.00 feet, through a central angle of 90°29'l0"and being subtended by a chord which bears S.44°31'50"W. for 35.51 feet to a line which lies 25 feet easterly of, as measured at right angle to,and parallel with the west line of said Lot 3; thence along said parallel line,also being parallel with the west line of Lots 1 and 2 of said Jonesville, S.0°42'45"E. for 249.75 feet to the south line of said Lot 1; thence along said south line of Lot I S.89°44'29"W. for 25,00 feet to the southwest corner of said Lot 1; thence along the west line of said Lots 1,2 and 3 also being the east right-of-way line of Bayshore Drive(55' wide) N.0°42'45"W.for 274.98 feet to the northwest corner of said Lot 3; thence along the north line of said Lot 3, N.89°46'25"E. for 50.21 feet to the Point of Beginning of the Parcel herein described; Containing 7011 +/-square feet; Bearings are based on the east right-of-way line of Bayshore Drive being N.0°42'45"W. Prepared by: E.F. Gaines Surveying Services, Inc. Florida License No. LB7165 Digitally signed by Elizabeth F.Gaines,PSM Elizabeth F. Gaines, PSM Date:2021.10.04 13:35:03-04'00' Elizabeth F. Gaines, PSM Florida License No. LS4576 Not valid without the signature and raised seal or Adobe electronic signature of the signing surveyor shown above. Reference: 0850-003 (sketch) EXH BIT . ..._� 16B 1 LINE OF SECTION 23, _ _ i — TOWNSHIP 50 SOUTH, RANGE 25 EAST ii-,-) -0THOMASSON DRIVE CO 60' R/W (PER P.B. 4, PG. 41) N 89'46'25"E 50,21' S89'46'25"W 267.25' i I POINT OF POINT OF BEGINNING COMMENCEMENT NE CORNER OF LOT 4 RADIUS=25.00' La a I LOT 3 ARC=39.48' LOT 4 DELTA=90'29'1 O" 0 CHORD=S44'31'50"W 35.51' / L&I m Oct { ��QG, J N >— N 6 m ` - `g. d cc m N ¢•- I� .,1-: w LOT 2 Z m N PROPOSED o 3 ROADWAY PARCEL a ¢' o (7011± SQUARE FEET) N cF Ci : 0 Z - 25' LOT 1 60 0 30 60 30 1116111VIIIIII S89.44'29"W ( IN FEET ) 1 -- 25.00' / 1 inch = 60 ft. - P.B. = PLAT BOOK LOT 25 NOTES: 0- 1,'1 1. DISTANCES SHOWN HEREON ARE IN FEET AND cy> QG. DECIMALS THEREOF. 2. BEARINGS ARE BASED ON THE EAST LINE OF Q' N. BAYSHORE DRIVE BEING N.0'42'45"W. L� 3. THE PROPERTY SHOWN HEREON IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. SKETCH OF LEGAL DESCRIPTION Issue Date: 10/4/2021 FOR ROAD RIGHT—OF—WAY PURPOSES ALONG BAYSHORE DRIVE Field Date: N/A This is a sketch to accompany a legal description .(see attached) of a parcel of land being part of Lots 1, 2 and Checked: EFG 3, Jonesville (P.B. 4, PG. 41), Collier County, Florida. Drown: EFG E.F. Gaines Field: N/A Surveying Services, Inc. Elizabeth F. Gaines, PSM DigitallyDate:2021.10.04 signed by Elizabe 13:34:17 th-04 F,.'00 Gaines' ,NM Scale: 1"=60 FL license No.LB7165 5245 Ramsey Way,Suite 2 Elizabeth F. Gaines, PSM — Fort Myers,Florida 33907 Project No.: 0850 Phone:2 39-4 1 8-0 1 26 Florida License No. LS4576 CAD File: 0850-003 Not valid without the signature and raised seal or Adobe Web:EFGaines.com electronic signature of Elizabeth F. Gaines, PSM shown above Sheet No.: 1 OF 1 H I +• A