Resolution 2007-291
RESOLUTION NO. 2007-~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, CLARIFYING ITS INTENT AS TO THE CHARACTER OF THE
PROPERTY INTEREST IDENTIFIED AS PARCELS 801, 802, 803 AND 804 IN
RESOLUTION 2007-89, AND AMENDING SAID RESOLUTION TO CORRECT A
SCRIVENER'S ERROR (CAPITAL IMPROVEMENT ELEMENT NO. 291, PROJECT NO.
51101).
.'
WHEREAS, on April 10, 2007, the Board of County Commissioners of Collier County,
Florida, after consideration of alternative routes and locations, long range planning, costs,
safety and environmental concerns, adopted Resolution No. 2007-89, authorizing the use of its
eminent domain power to acquire those parcels identified in Exhibit "A" of the Resolution for
the construction of stormwater improvements known as Phase One of the Lely Area
Stormwater Improvements Project (LASIP) located in east Naples; and
WHEREAS, the legal descriptions and sketches and for Parcels 801, 802, 803 and 804
(being pages 9, 10, 13 and 14 of Exhibit "A" to said Resolution) were correctly identified as
"Fee Simple Interest," but, as a result of a scrivener's error, the words "Perpetual, Non-
Exclusive Drainage Easement" were inadvertently included in the introductory verbiage of the
legal description; and
WHEREAS, the project number 511012, identified in the title of Resolution 2007-89,
incorrectly includes the sixth digit "2," which digit is appended to a project number in order to
designate the funding cost center; and
WHEREAS, the Board desires to clarify its original intent in the adoption of Resolution
2007-89 and to correct the afore-described scrivener's errors by amending the resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The above recitals are true and corrected and incorporated herein.
2. It was and is the intent of the Board of County Commissioners to authorize
the condemnation of a Fee Simple Interest in Parcels 801, 802, 803 and 804, as identified
in Exhibit A-I attached hereto.
3. Resolution 2007-89 is hereby amended to correct scrivener's errors by
removing erroneous and inconsistent verbiage, "perpetual, non-exclusive drainage
easement," contained on pages 9, 10, 13 and 14 of Exhibit A to Resolution 2007-89, and
by substituting the 5-digit project number of 5110 1.
THIS RESOLUTION IS ADOPTED this ~ day of~, 2007, after
motion, second and majority vote.
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A TI;EST:
D~Gl{fE:~BROCK, Clerk
~
11gnltur'~IOIT.1.~"" .
~
AMES COLETTA, Chairman
By:
Approved as to Form
and Legal Sufficiency
h Va~4~/
Ellen T. Chadwell
Assistant County Attorney
Condemnation Resolution
Page 2
EXHIBIT A - \
Page I 01-.:1.(:
PROJECT NO. 511012
PROJECT PARCEL NO. 801
FOLlO NO. 60780040003
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
A PARCEL OF LAND
MORE PARTICULARLY DESCRIBED AS FOU.OWS':
THE WEST 30 FEET OF LOT 1, BLOCK "A," MYRTLE COVE ACRES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
30 FEET
LOT 1
( BLOCK "A" )
N
FEE SIMPlE
INTEREST
SKETCH Nono SCALE
Collier County Transportation Engineering and Construction Management Department
OBll0107 4:20 PM
EXHIBIT A ~ \
Page Z. of ~
PROJECT NO. 511012
PROJECT PARCEL NO. 802
FOLlO NO. 60781160005
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
A PARCEL OF LAND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 30 FEET OF LOT 1, BLOCK "B," MYRTLE COVE ACRES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
30 FEET
LOT 1
( BLOCK "B" )
N
FEE SIMPLE
INTEREST
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construction Management Department
OBll01074:21 PM
EXHIBIT ~\
Page :3 of~
PROJECT NO. 511012
PROJECT PARCEL NO. 803
FOLlO NO. 60782320006
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
A PARCEL OF LAND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 30 FEET OF LOT 1, BLOCK "C," MYRTLE COVE ACRES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
30 FEET
LOT 1
( BLOCK "C" )
N
FEE SIMPLE
INTEREST
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construction Management Department
0BI101074:21 PM
EXHIBIT A - I
Page-A-of ~
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
PROJECT NO. 511012
PROJECT PARCEL NO. 804
FOLIO NO. 60784520008
A PARCEL OF LAND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 30 FEET OF LOT 31, BLOCK "E," MYRTLE COVE ACRES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
30 FEET
LOT 31
( BLOCK "E" )
N
FEe SIMPLE
Ufl'EREST
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construction Management Department
OBll0/074:21 PM