Resolution 2016-082 RESOLUTION NO.2016-8 2
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN
THE 15-FOOT DRAINAGE EASEMENT LOCATED ALONG THE
BORDER BETWEEN LOTS 2 & 3, OF NORTH COLLIER
INDUSTRIAL CENTER, AS RECORDED IN PLAT BOOK 31,
PAGES 50 THROUGH 51 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 10,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA. (PETITION VAC-PL20150002813)
WHEREAS, pursuant to Resolution 2013-166, Petitioner, Steven L. Darby, P.E.,
of Darby Engineering, Inc., on behalf of the applicant, has requested the vacation of the
County and the Public interest in the 15-foot drainage easement located along the border
between Lots 2 & 3, of North Collier Industrial Center, as recorded in Plat Book 31,
Pages 50 through 51 of the public records of Collier County, Florida, located in Section
10, Township 48 South, Range 25 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that the County and public
interest in the 15-foot drainage easement located along the border between Lots 2 & 3, of
North Collier Industrial Center, as recorded in Plat Book 31, Pages 50 through 51 of the
public records of Collier County, Florida, located in Section 10, Township 48 South,
Range 25 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 North Collier Industrial Center, as
recorded in Plat Book 31, Pages 50 through 51, of the public records of Collier County,
Florida.
THIS RESOLUTION ADOPTED after motion, second and majority vote
favoring same, this the 'a�rday of A? , 2016.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA,C)11:OLLA 104 ,` By: t 14140
Deputy Clerk r� D NNA FIALA, CHAIRMAN
Attest as to Chairman's
signature only.
Approved as to form and legality:
AA V, 1A(0
Scott A. tone
Assistant County Attorney
Attachments:
1) Exhibit A
2)Location-Site Map
15-EIS-03187
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P120150002813• REV 2
SKETCH OF EXHIBIT "A 13
DRAINAGE EASEMENT TO BE
VACATED
N 89(57'11" W 100.00' N 89'57'11" W 100.00' >,9E
10.0' U.E. /
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50.0' V.M.E. V A
0' 25' 50'
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10.0' L.B.E. L
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A THIS EXHIBIT MAY HAVE BEEN REDUCED
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10' X25' ANCHOR EASEMENT
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1u 10.0' U.E
S 89'53'28" E 100.00' N 89'53'28" W 1 100.00'
COLLIER CENTER WAY
r — — — — — —
(60' RIGHT-OF-WAY)
REAL PROPERTY DESCRIPTION:
DRAINAGE EASEMENTS TO BE VACATED. THE EAST 7.5 FEET OF LOT
2 AND THE WEST 7.5 FEET OF LOT 3, NORTH COLLIER INDUSTRIAL ABBREVIATIONS;
CENTER, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOK 31, PAGE 50 AND 51 OF THE PUBLIC RECORDS OF D.E. DRAINAGE EASEMENT
COLLIER COUNTY, FLORIDA. U.E. UTILITY EASEMENT
W.M.E. WETLAND MANAGEMENT ESEMENT
L.B.E, LANDSCAPE BUFFER EASEMENT
P.O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING
PLS PROFESSIONAL LAND SURVEYOR
�� DATE: APRIL 9, 2015
David B. Bruns, PLS REVISED: JANUARY 12, 2016 58'x` 1A' & 2mumd' 511.0.
Certificate Number 4520 Y', , & ya,,,d 5)[a,ti,4
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED 1072 6N.. .d...,......M..JA
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. U.,�..ah•,, .N.. SGB 9241
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P120150002813 REV 2
Project: PL20150002813
PARCEL:Lots 2& 3
Folio No.: 64040000129 and 64040000145
This Instrument Prepared By:
Kenneth D.Goodman
Goodman Breen&Gibbs
3838 Tamiami Trail North,Suite 300
Naples,FL 34103
DRAINAGE EASEMENT
(County without responsibility for maintenance)
(Association with responsibility for maintenance)
THIS EASEMENT,made and entered into this; 9 day of January,2016,by IBC,INC.,
a Florida corporation, whose mailing address is Post Office Box 514, Saint Petersburg, Florida
33731, (hereinafter referred to as"Grantor"),to NORTH COLLIER INDUSTRIAL CENTER
OWNERS ASSOCIATION,INC.,a Florida not-for-profit corporation(hereinafter referred to as
"Association") and COLLIER COUNTY, a political subdivision of the State of Florida, (herein
referred to as"County") whose mailing address is 3299 Tamiami Trail East, do the Office of the
County Attorney, Suite 800, Naples, Florida .34112. Association and County are hereinafter
collectively referred to as"Grantee".
(Wherever used herein the terms"Grantor"and"Grantee"include all the parties to this instrument and their
respective heirs,legal representatives, sziccessors and assigns. Grantor and Grantee are used for singular or plural,
as the context requires.)
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration(including the abandonment of the prior Drainage Easement)paid by the Grantee,the
receipt and sufficiency of which is hereby acknowledged,hereby conveys,grants,bargains and sells
unto the Grantee,a perpetual,non-exclusive drainage easement to enter upon and to install drainage
structures, including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall
systems, underground pipes, various types of water control structures and 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 NOT HOMESTEAD PROPERTY
1
a
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. NORTH COLLIER INDUSTRIAL CENTER
OWNERS ASSOCIATION,INC.,as Grantee,shall have primary obligation and responsibility for
maintenance of said easement. COLLIER COUNTY, as Grantee, shall have no obligation or
responsibility for maintenance of said easement.This easement includes the right to remove and use
any and all excavated material. The parties record that Grantor has received full compensation for
all improvements located within the easement area,including,but not limited to,a release of a prior
drainage easement.
IN WITNESS WHEREOF,the Grantor has caused these presents to be executed the date and
year first above written.
WITNESSES: GRANTOR:
l_ `,.../e- IBC,INC.,
(Signature) a Florida corporatiie
16.-
4-,21/ d r-,c.-, By: A./��
C
(Pri ame) 1i,N I ,: Z
et--)---
Its: President
I:i3!:.s e)
\ (Corporate Seal)
(Print N m
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Drainage Easement was acknowledged before me this ( day of January,
2016, by CLAUDE SCHMITZ, as President of IBC,INC., a Florida corporation, on behalf of the
corporation. He is personally known to me or has produced a Florida driver's license as
identification.
(affix notarial seal) -"
(Signature of Notary
f/Public) 4i,,. .
7;4.7(Print Name of Notary Public)
Serial/Commission#(if any): J/
My Commission Expires: 11 Z.27;-o/
2
me:ei , KENNETH GOODMAN
?*: �u * MY COMMISSION#EE 843953
'1; Bonded Thru Notary Public ict Underwriters
a
•
IN WITNESS WHEREOF,Association has executed this instrument on the date first set
forth above.
Signed and Sealed in Our Presence NORTH COLLIER INDUSTRIAL CENTER
OWNERS ASSOCIATION,INC.
a F brida not-for-pro At co • rat—
0 . G : By:
Print Print
Name ._ )e1\13 Name M S cs..1
c-- V
P"t
Name (1 •�i-l-AMPSe / ,T (Corporate Seal)•
/NJ•
STATE OF FLORIDA
COUNTY OF COLLIER
The Foregoing instrument was acknowledged before me the Z 9 day of January,2016,by
Mu( S ,as �C—Cr r-r y of NORTH COLLIER
INDUSTRIAL CENTER OWNERS ASSOCIATION,INC.,aFloridanot-for-profit corporation,
on behalf of the corporation.He/She is personally known to me or has produced a Florida driver's
license as identification.
Sign C. .A. L(�_
I ,0:114:4,, CAROL ROSEMARY WARREN Print .•J�
�P ,1`�z Notary Public.State of Florida Name CCVo L ` o•• My Comm.Expires Feb 15,2018 6 Notary Public, State of Florida
� _ co Tission•FF 78024 t5 8
'�. " 8�ouph National Notary Assn. I My Commission Expires: R h
EXHIBIT"A"
LEGAL DESCRIPTION
Commencing at the Point of Beginning which is the Southeast Corner of Lot 2 and the,Southwest
Corner of Lot 3 of North Collier Industrial Center, a Subdivision according to the plat thereof,
recorded in Plat Book 31,Page 50 and 51 of the Public Records of Collier County,Florida,thence
along the center line of a 15 foot drainage easement lying 7.5 feet each side of the following
described Iine;thence North 00°06'32"East for 32.50 feet along the lot line between said Lot 2 and
3;thence South 89°53'28"East for 87.50 feet;thence North 00°06'32"East for 202.68 feet to the
north line of said Lot 3.
See Attached Sketch as Exhibit`B"reflecting the above.
4
P120150002813 REV 2
SKETCH OF " �,
15 FOOT EXHIBIT' BIT .
DRAINAGE EASEMENT
N 89(57'1 W 100.00' N B9'57'11' W 100.00' B' E
1-- I !— i .
{
1
500' VAE. 1
1 1 0' 25' 50'
I 1
---_--__---r 4----,— SCAB 1' — 50'
IC.0' L.E. L
` THIS EXHIBIT NAY HAVE BEEN REDUCED
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ON ; S 83'53'28" E 87.5., 1
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-1'1 1;—10' X25' AtCkic1R EASEMENT s
41-14—
5 89.53'28" E 103.00' `'. N 89'53'28" W t 100.00'
2 P_n.$.
. COLLIER CENTER WAY_ —
� L (60'RIGHT—ti —VA V;
z ,REAL PROPERTY DESCRIPTION:
LI
s COMMENCING AT THE POINT OF BEGINNING WHICH IS THE SOUTHEAST
r CORNER Of LOT 2 AND THE SOUTHWEST CORNER OF LOT 3 OF NORTH
COLLIER INDUSTRIAL CENTER, A SUBDIVISION ACCORDING TO THE
z FLAT THEREOF, RECORDED IN PLAT BOOK 31, PAGE 50 AND 51 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE ALONG' THE
ot W CENTER LINE OF A 15 FOOT DRAINAGE EASEMENT LYING 7.5 FEET ABBREVIATIONS;
, EACH SIDE OF THE FOLLOWING DE SCRIBED LINE;
t THENCE NORTH 00"06•02' EAST FOR 32.50 FEET ALONG THE LOT LINE D.E. DRAINAGE EASEMENT
Z THENCE SAID LOT 2 AND Si U.E. UTILITY EASEMENT
H£NC£ SOUTH 99'53'28' EAST FOR O . FEET; V.M.E. WETLAND MANAGEMENT ESEMENT
THENCE NORTH 00'06'32' EAST FOR 2202.69 FEET TO THE NORTH LINE
OF SAID LOT 3 L.B.E. LANDSCAPE BUFFER EASEMENT
PLC. POINT OF COMMENCEMENT
P.O.B, POINT OF BEGINNING
v PLS PROFESSIONAL LAND SURVEYOR
f.. �`
Boorid Bruns, PLS !&'a.uv & :513TUme> ga3.G.
CertiRcate ?lumber 4520 DAB' JANUARY 72, 2016 .5',...m.sot...? & 3Ca.d " l.
NOT VALID IWTHOUT Ni SIGNATORE AND THE ORIGINAL RAISED "° 4092 62.. .....,w .k' 4(.
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 18 ,r w 42 3241
.i4ytk.. S4.44. 94'102 (239) 261 — 5965