Resolution 1995-329
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QHEREAS, pursuant to Section 177.101, Florida Statutes, John F. Mad8jew8kl,;~~
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as agent for owner, Sterling Oaks Joint Venture, does hereby request the
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vacation of a drainage easement located on a portion of Lots 83 and 84, Tract E ~
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RESOLUTION NO. 95-~
RESOLUTION FOR PETITION AV 94-023 TO VACATE A
DRAINAGE EASEMENT LOGATED ON A PORTION OF LOTS 83 AND
84, TRACT E ON THE PLAT OF STERLING OAKS, AS RECORDED
IN PLAT ROOK 23, PAGES 5-20, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FWRIDA.
8S shown
on the plat of Sterling Oaks, as recorded in Plat Book 23, Pages 5.20,
of the Public Records of CollIer County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider vacating
. portion of said plat as more fully described below, and notice of said public
hearing to vacate was given as required by law; and
WHEREAS, the granting of the vacation will not adversely affect the
ownership or right of convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated:
The 15 foot drainage easement on Lots 83 and 84, Tract E on the Plat of
Sterling Oaks, as recorded in Plat Book 23, Pages 5.20, of the Public Records of
Collier County, Florida, and depicted on the Exhibit "A" attached to and
incorporated herein.
BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, that the drainage easement more particularly described in
Exhibit "B" attached hereto and incorporated herein is hereby accepted as the
replacement easement for the drainage easement vacated hereupon.
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to record this
Resolution in the Public Records of Collier County, Florida and to make proper
notations of this vacation and acceptance of a replacement easement on said
plat.
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This resolution adopted after motion, second and majority vote favoring
same"",""
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:,,'-D:W~G,HTE' BROCK'B
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He di F. Ashton
Assistant County Attorney
By:
ISSIONERS ~
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, Chairman
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Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers _ Land Surveyors _ Planners
12C
Q. GRADY MINOR. P.E.
MARK w. MINOR. P.E.
C DEAN SMITH, P.E.
1
ALAN v, ROSEMAN
ROBERT W. THINNES, A.LCP,
ERIC v. SANlXlV AI. P.LS.
LEGAL DESCRIPTION
STERLING OAKS
DRAINAGE EASEMENT
A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25
EAST, LEE COUNTY, FLORIDA, AND BEING A PORTION OF LOTS 83 AND 84 OF
TRACT "E" OF STERLING OAKS SUBDIVISIJN ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 84, ALSO BEING A POINT ON
THE WESTERLY RIGHT-OF-WAY LINE OF SILVERSTRAND DRIVE, THENCE RUN
ALONG A CIRCULAR CURVE CONCAVE TO THE EAST WHOSE RADIUS POINT
BEARS N 80007'25" E, ~ DISTANCE OF 50.00 FEET THEREFROM; THENCE RUN
SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS
OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 11040'25", SUBTENDED BY
A CHORD OF 10.17 FEET AT A BEARING OF S 15042'48" E, FOR A DISTANCE
OF 10.19 FEET TO THE END OF SAID CURVE; THENCE RUN N 77057'50" W
FOR A DISTANCE OF 33.65 FEET, THENCE RUN S 89010'35" W FOR A
DISTANCE OF 83.15 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO
THE EAST, WHOSE RADIUS POINT BEARS N 85035' 14" E, A DISTANCE OF
163,04 FEET THEREFROM; THENCE RUN NORTHERLY ALONG THE ARC OF SAID
CURVE TO 'l'HE RIGHT, HAVING A RADIUS OF 163.04 FEET, THROUGH A
CENTRAL ANGLE OF 12018'24", SUBTENDED BY A CHORD OF 34.95 FEET AT
A BEARING OF N 01044'26" E, FOR A DISTANCE OF 35.02 FEET TO THE END
OF SAID CURVE;
THENCE RUN N 89010'35" E FOR A DISTANCE OF 7.59 FEET;
THENCE RUN S 04037'48" W FOR A DISTANCE OF 20.01 FEET;
THENCE RUN N 89010'35" E FOR A DISTANCE OF 77.89 FEET;
THENCE RUN S 77057'50" E FOR A DISTANCE OF 28.62 FEET TO A POINT ON
THE EASTERLY RIGHT-OF-WAY LINE OF SILVERSTRAND DRIVE, ALSO BEING A
POINT ON A CIRCULAR CUR\~ CONCAVE TO THE EAST, WHOSE RADIUS POINT
BEARS N 87022'11" E, A DISTANCE OF 50.00 FEET THEREFROM; THENCE
RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 07014'46",
SUBTENDED BY A CHORD OF 8.32 FEET AT A BEARING OF
S 06015'12" E, FOR A DISTANCE OF 6.32 FEET TO THE END OF SAID CURVE
AND THE POINT OF BEGINNING, CONTAINING 1,878 SQUARE FEET, MORE OR
LESS.
BEARINGS REFER TO THE SOUTHERLY LINE OF LOT 84 AS SHOWN ON THE
AFOREMENTIONED PLAT OF STERLING OAKS, AS BEING S 89010'35" W.
(813) 947-1144 . FAX (813) 947-D375
3800 Via Del Rey . Bonita Springs, Florida 33923
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THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR
RESTRICTIONS OF RECORD.
Q. GRADY MINOR' ASSOCIATES, P.A.
SIGNED /1
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ERIC V. SANDOVAL
STATE OF FLORIDA
L.S. .5223
F:SUR'VEY\&EVAC
PAGE 2 OF 2
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OR: 2096 PG: 1724
Document Prepared By.
Dennis P. Cronin, Esquire
BOND, SCHOENECK k KING, P.A.
1167 Third Street South
Naples, Florida 33940
DRAINAGE EASEMENT
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THIS EASEMENT, granted this ,,' day of . ') /,i, I , 1995,
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by WESTBURY CYPRESS HEAD, INC., a Florida corporation, duly authorized
managing partner of sterling Oaks Joint Venture f/k/a Cypress Head
Joint Venture, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, its successors and assigns, ("County"), and
STERLING OAKS COMMUNITY ASSOCIATION AND CLUB, INC., a Florida non-
profit corporation, ("Association"), as Grantee.
WITNESSETH: That the Grantor for and in consideration of the sum
of Ten Dollars ($10.00) and other valuable consideration paid by the
Grantee, receipt of which is hereby acknowledged, hereby conveys,
grants, bargains and sells unto the Grantee, its successors and
assigns, a drainage easement on the following described lands being
located in Collier County, Florida, to wit:
See attached Exhibit "A" which
is incorporated herein by reference.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns,
together with the right to enter upon said land, excavate, and take
materials for the purpose of constructing, operating, and maintaining
drainage facilities thereon.
Association by its acceptance of this drainage easement agrees
to maintain the drainage facilities and to accept all direction of the
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county regarding the drainage easement. Association agrees that it
will, to the extent reasonable and possible under the circumstances,
use care in performing work within the properties encumbered by this
easement.
Grantor and Grantee are used for singular or plural, as the
context requires.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed the date and year first above written.
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Sterling Oaks Joint Venture f/k/a
Cypress Head Joint venture, a Florida
general partnership, by its authorized
managing partner, Westbury cypress
Head, Inc., a Florida corporation
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DaV1d N. Sexton, V1C
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Pres1dent
Ci~nc):~.(: :.~.
Printed Name
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b:#iU~ (k~TL
ness
1RUDY A. SMITH
Printed Name
OR: 2096 PG: 1725
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this ~
day of 1Y7,)# ' 1995, by David N. Sexton, as Vice President of
Westbury cypr~s Head, Inc., a Florida corporation, on behalf of the
corporation. He is personally known to me.
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No
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a:\easement.84(ts)
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Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers _ Land Surveyors _ Planners
Cx/.JI/8r,. ~
PAc,.t;; 3 oF' 4
Q. GRADY MINOR, P.E.
MARK W. MINOR, P.E.
C. DEAN SMITH, P.E.
LEGAL DESCRIPTION
12AS V. RIEMAN
ROBERT W. THINNES, A.LC.P.
ERIC V, SANDOVAL. P.LS.
STERLING OAKS DRAINAGE EASEMENT (DWG #B-582)
A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, AND BEING A PORTION OF LOTS 83 AND
84 OF TRACT "E" OF STERLING OAKS SUBDIVISION ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 84, ALSO BEING A POINT ON
THE WESTERLY RIGHT-OF-WAY LINE OF SILVERSTRAND DRIVE, AND A POINT
ON A CIRCULAR CURVE CONCAVE TO THE EAST, WHOSE RADIUS POINT BEARS
N 80007'25" E, A DISTANCE OF 50.00 FEET THEREFROM; THENCE RUN
SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS
OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 11040'25", SUB TENDED BY
A CHORD OF 10.17 FEET AT A BEARING OF S 15042'48" E, FOR A DISTANCE
OF 10.19 FEET TO THE END OF SAID CURVE; THENCE RUN N 77057'50" W
FOR A DISTANCE OF 33.65 FEET, THENCE RUN S 89010'35" W FOR A
DISTANCE OF 83.15 FEET TO A POINT ON A CIRCUh~ CURVE CONCAVE TO
THE EAST, WHOSE RADIUS POINT BEARS N 85035'14" E, A DISTANCE OF
163.04 FEET THEREFROM; THENCE RUN NORTHERLY ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 163.04 FEET, THROUGH A
CENTRAL ANGLE OF 12018'24", SUBTENDED BY A CHORD OF 34.95 FEET AT
A BEARING OF N 01044'26" E, FOR A DISTANCE OF 35.02 FEET TO THE END
OF SAID CURVE; THENCE RUN N 89010'35" E FOR A DISTANCE OF 4.73
FEET; THENCE RUN S 11059'54" W FOR A DISTANCE OF 13.49 FEET;
THENCE RUN S 78000'.06" E FOR A DISTANCE OF 47.85 FEET;
THENCE RUN N 82052'32" E FOR A DISTANCE OF 35.10 FEET;
THENCE RUN S 77057'50" E FOR A DISTANCE OF 28.62 FEET TO A POINT ON
THE WESTERLY RIGHT-OF-WAY LINE OF SILVERSTRAND DRIVE, ALSO BEING A
POINT ON A CIRCULAR CURVE CONCAVE TO THE EAST, WHOSE RADIUS POINT
BEARS N 87022'11" E, A DISTANCE OF 50.00 FEET THEREFROM; THENCE.
RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 07014'46",
SUBTENDED BY A CHORD OF 6,32 FEET AT A BEARING OF S 06015'12" E,
FOR A DISTAl,CE OF 6.32 FEET TO THE END OF SAID CURVE AND THE POINT
OF BEGINNING, CONTAINING 1,800 SQUARE FEET, MORE OR LESS.
BEARINGS REFER TO THE SOUTHERLY LINE OF LOT 84, TRACT E OF STERLING
OAKS, AS BEING S 89010'35" W.
THIS PROPERTY IS SUBJECT
RESTRICTIONS.. OF . RECORD. .
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Q. ~Y.MIN:t:R..t:rOCIATES'
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ERIC V. SANDOVAL .: 'STATE' OF
F:SURVEY\86EV"~ ' ": . :
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AND/OR
TO
EASEMENTS,
RESERVATIONS
P.A.
SIGNED
4 4 ')5
P.S.M #5223
FLORIDA
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(813) 947.1144 . FAX (813) 947'{)375
3800 y'ia Del Rey . Bonita Springs, Florida 33923
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