Resolution 2017-039 RESOLUTION NO. 17- 3 9
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA ACCEPTING DEDICATIONS TO
COLLIER COUNTY AND THE COLLIER
COUNTY WATER-SEWER DISTRICT WITHIN
THE PLAT OF WINDING CYPRESS PHASE 2C,
AS RECORDED IN PLAT BOOK 60, PAGES 22
THROUGH 28 OF THE OFFICIAL PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of Collier County, Florida,
("Board") on December 8, 2015, approved the plat of Winding Cypress Phase 2C ("Plat")
for recording; and
WHEREAS, on January 11, 2016, the Plat was recorded in Plat Book 60, Pages
22 through 28 of the Official Public Records of Collier County, Florida; and
WHEREAS, Florida Statutes Section 177.081(2) requires that every plat of a
subdivision filed for record must contain a dedication by the owner or owners of record,
and the dedication must be executed by all persons, corporations, or entities whose
signature would be required to convey record fee simple title to the lands being dedicated
in the same manner in which deeds are required be executed; and
WHEREAS, Divosta Homes, L.P. ("Divosta") and Winding Cypress Community
Development District ("CDD") are the fee simple owners of the real property within the
Plat. The Plat dedication was executed by Divosta, but it was not executed by the CDD;
and
WHEREAS, the CDD wishes to execute the Plat dedication by recording a
Consent and Joinder to the Dedications and Reservations for the Plat, attached hereto as
Exhibit A, in the Official Public Records of Collier County, Florida; and
WHEREAS, the dedications to Collier County and Collier County Water-Sewer
District, as described in Exhibit A, constitute an offer to dedicate and require acceptance
by the Board; and
WHEREAS, the Board agrees to accept the dedications from the CDD to Collier
County and Collier County Water-Sewer District, as described in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the dedications from
Winding Cypress Community Development District to Collier County and Collier County
Water-Sewer District, as described in Exhibit A, attached hereto, are hereby accepted.
[15-EIS-03113/1257970/1]
0
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is
hereby directed to record this Resolution in the minutes of this Board, and to make proper
notation of this Resolution on the plat of Winding Cypress Phase 2C, as recorded in Plat
Book 60, Pages 22 through 28 of the Official Public Records of Collier County, Florida.
}his Resolution adopted after motion, second and majority vote favoring same,
this itA day of M a ro"\ , 2017.
DATE: -4' 1 '7-alp 1'7 BOARD OF COUNTY COMMISSIONERS
ATTEST: COLL 'jUNTY, FLORIDA
DWIGHT E. BROCK,,CLERK
IOU atte e '•4 °.4-- By./147_,_ �L
-pail Clerk PENNLOR, IRMAN
Attest,as t0
Att ,
Ph1aifS
Apo ', orm'find legality:
Scott A. Stone
Assistant County Attorney
[15-ES-03113/1257970/1]
This instrument prepared by and after recording return to:
Steven M.Falk,Esq.
Falk Law Firm,P.A.
7400 Tamiami Trail North,Suite 103
Naples,FL 34108
239-596-8400
CONSENT AND JOINDER TO DEDICATIONS AND RESERVATIONS
FOR WINDING CYPRESS PHASE 2C, AS RECORDED IN PLAT BOOK 60, PAGES 22-
28 OF THE OFFICIAL PUBLIC RECORDS OF COLLIER COUNTY,FL
Winding Cypress Community Development District,a local unit of special purpose government, as owner
of land described in the Winding Cypress Phase 2C subdivision plat, as recorded in Plat Book 60, Pages
22-28 of the Official Public Records of Collier County, Florida, (a copy of which is attached hereto as
Exhibit A), does hereby consent to and join in the Dedications and Reservations described in said plat,
and as further restated as follows:
1. DEDICATE TO WINDING CYPRESS HOMEOWNERS ASSOCIATION, INC. ITS
SUCCESSORS AND OR ASSIGNS:
A) TRACT "R" (WINDING CYPRESS DRIVE AND MOCKINGBIRD COURT) AS A PRIVATE
ROAD RIGHT-OF-WAY (R.O.W.) SUBJECT TO THE EASEMENTS DEPICTED THEREIN,
AND ALL IRRIGATION TRANSMISSION LINES LOCATED WITHIN SAID TRACT "R",
WITH RESPONSIBILITY FOR MAINTENANCE.
B) TRACT "A" AS A LAKE, SUBJECT TO THE EASEMENTS DEPICTED HEREON, FOR
DRAINAGE AND STORMWATER MANAGEMENT PURPOSES INCLUDING
INSTALLATION AND MAINTENANCE OF THOSE RESPECTIVE FACILITIES, WITH
THE RESPONSIBILITY FOR MAINTENANCE.
C) TRACT "B" AS COMMON AREA SUBJECT TO THE EASEMENTS DEPICTED HEREON.
PURPOSES SHALL INCLUDE BUT ARE NOT LIMITED TO, LANDSCAPING AND
DRAINAGE,WITH RESPONSIBILITY FOR MAINTENANCE.
D) ALL DRAINAGE EASEMENTS (D.E.) INDICATED ON THE PLAT FOR DRAINAGE AND
STORMWATER MANAGEMENT PURPOSES, FOR THE PURPOSE OF INSTALLATION
AND MAINTENANCE OF THOSE RESPECTIVE FACILITIES, WITH THE
RESPONSIBILITY FOR MAINTENANCE.
E) ALL ACCESS EASEMENTS (A.E.) INDICATED ON THE PLAT FOR ACCESS, WITH
RESPONSIBILITY FOR MAINTENANCE.
F) ALL LANDSCAPE BUFFER EASEMENTS (L.B.E) AS DEPICTED, WITH
RESPONSIBILITY FOR MAINTENANCE.
G) ALL IRRIGATION EASEMENTS (I.E.) AS DEPICTED, FOR IRRIGATION PURPOSES
WITH RESPONSIBILITY FOR MAINTENANCE.
H) ALL LAKE MAINTENANCE EASEMENTS (L.M.E.), WITH RESPONSIBILITY FOR
MAINTENANCE.
Exhibit A
[15-EIS-03113/1257538/1] 1
I) TRACTS "P1", AND "P2" (PRESERVE AREAS) ARE DEDICATED AS COMMON AREAS
WITH PERPETUAL RESPONSIBILITY FOR MAINTENANCE. THE PRESERVE TRACTS
MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITTED STATE.
ACTIVITIES PROHIBITTED IN THE PRESERVE AREA INCLUDE, BUT ARE NOT
LIMITED TO: CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE
GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH;
REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION WITH
THE EXCEPTION OF EXOCTIC/NUISANCE VEGETATION REMOVAL; EXCAVATION,
DREDGING OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING, AND ANY
OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE FLOOD CONTROL, WATER
CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT
CONSERVATION OR PRESERVATION.
2. DEDICATE TO COLLIER COUNTY:
A) ALL DRAINAGE (D.E.) EASEMENTS WITHOUT RESPONSIBILITY FOR
MAINTENANCE.
B) ALL LAKE MAINTENANCE EASEMENTS (L.M.E.) WITHOUT RESPONSIBILITY FOR
MAINTENANCE.
C) ALL ACCESS EASEMENTS(A.E.)WITHOUT RESPONSIBILITY FOR MAINTENANCE.
D) TRACTS "P1" AND "P2", (PRESERVE AREAS) WITHOUT RESPONSIBILITY FOR
MAINTENANCE AND SUBJECT TO THE CONDITIONS OF THE DEDICATION IN
PARAGRAPH 1I ABOVE.
3. DEDICATE TO COLLIER COUNTY WATER-SEWER DISTRICT:
A) THAT ALL COUNTY UTILITY EASEMENTS (C.U.E.) FOR POTABLE WATER, NON-
POTABLE IRRIGATION WATER AND/OR WASTEWATER SYSTEM(S) OR PORTION(S)
THEREOF AND INGRESS AND EGRESS RIGHTS, WHERE APPROPRIATE, ARE
PROVIDED TO THE COLLIER COUNTY WATER-SEWER DISTRICT TO INSTALL,
OPERATE AND MAINTAIN POTABLE WATER, NON-POTABLE IRRIGATION WATER
AND/OR WASTERWATER UTILITY SYSTEMS OR PORTION(S) THEREOF WITHIN THE
PLATTED AREA WITH NO RESPONSIBILITY FOR MAINTENANCE OF THE SURFACE
EASEMENT AREA.
B) APPLICABLE POTABLE WATER, NON-POTABLE IRRIGATION WATER AND/OR
WASTEWATER SYSTEM(S) OR PORTION(S) THEREOF CONSTRUCTED WITHIN THIS
PLATTED AREA IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN THE
COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE (2004-
31) AS AMENDED, SHALL BE CONVEYED TO THE BOARD AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT UPON
ACCEPTANCE OF THE ADDITIONS, EXTENSIONS AND/OR IMPROVEMENTS
REQUIRED BY THE PLAT.
[15-EIS-03113/1257538/1] 2
4. DEDICATE TO COLLIER COUNTY, ITS FRANCHISEES, AND THE GREATER NAPLES FIRE
DISTRICT:
A) AN ACCESS EASEMENT (A.E.)OVER TRACT "R"FOR THE PURPOSE OF PERMITTING
EMERGENCY AND SERVICE VEHICLES ACCESS TO THE PLATTED AREA, WITHOUT
RESPONSIBILITY FOR MAINTENANCE.
5. DEDICATE A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT (P.U.E.) TO ALL LICENSED
OR FRANCHISED PUBLIC OR PRIVATE UTILITIES AS SHOWN ON THIS PLAT FOR
PUBLIC UTILITY PURPOSES, INCLUDING CONSTRUCTION, INSTALLATION,
MAINTENANCE, AND OPERATION OF THEIR RESPECTIVE FACILITIES, INCLUDING
CABLE TELEVISON SERVICES.
ALL PUBLIC UTILITY EASEMENTS SHALL PROVIDE THAT SUCH EASEMENTS SHALL
ALSO BE EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE,
AND OPERATION OF CABLE TELEVISION SERVICES; PROVIDED, HOWEVER, NO SUCH
CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF CABLE
TELEVION SERVICES SHALL INTERFERE WITH THE FACILITIES OF AN ELECTRIC,
TELEPHONE, GAS OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISON
COMPANY DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLELY
RESPONSIBLE FOR THE DAMAGES. THIS SECTION SHALL NOT APPLY TO THOSE
PRIVATE EASEMENTS GRANTED TO OR OBTAINED BY A PARTICULAR ELECTRIC,
TELEPHONE, GAS, OR OTHER PUBLIC UTILITY. SUCH CONSTRUCTION,
INSTALLATION, MAINTENANCE, AND OPERATION SHALL COMPLY WITH THE
NATIONAL ELECTRIC SAFETY CODE AS ADOPTED BY THE FLORIDA PUBLIC SERVICE
COMMISSION
6. DEDICATE TO THE VERONAWALK COMMUNITY DEVELOPMENT DISTRICT:
A) AN ACCESS EASEMENT(A.E.)OVER TRACT"R"FOR ACCESS PURPOSES IN THE
PERFORMANCE OF ITS DUTIES UNDER CHAPTER 190, FLORIDA STATUTES
WITHOUT RESPONSIBILITY FOR MAINTENANCE.
The purpose of this Consent and Joinder and its recordation in the Public Records of Collier County,
Florida is to correct an error in the original Dedications/Reservations on the plat of Winding Cypress
Phase 2C, by obtaining the consent and joinder of Winding Cypress Community Development District, a
local unit of special purpose government, to the Dedications/Reservations on said plat. This instrument
shall relate back to January 11,2016,the date of the recording of said plat.
IN WITNESS WHEREOF, THE UNDERSIGNED OWNER HAS CAUSED THESE PRESENTS TO
BE SIGNED ON THE DATE AND YEAR SET FORTH BELOW.
[15-EIS-03113/1257538/1] 3
CAO
Witnesses: WINDING CYPRESS COMMUNITY
DEVELOPMENT DISTRICT, a local unit of special
purpose government
By
Y
W s Name: JA.se"'Pere Scott Brooks
Its: Chairman
4arWi iss Name:'T(�f ( �S
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this 4) day of \_A-)LJi , 2016, by Scott
Brooks,as Chairman of Winding Cypress Community Development District,a local tlnit of special purpose
government. He is personally known to me.
/7 ill
N ARY/PVI3LIC
Name: (---k---1740/6/# Z 1
(type or print) c`
My Commission Expires: /0
,ra MY COMMISSION Arik".. CHRISTINE�3214
�� EXPIRES:October 1,2019
^'x.,441:0' Bonded Thru Notary Pubic Underwriters ;
[15-EIS-03113/1257538/1] 4