Resolution 2021-228 168 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