Resolution 2017-244 INSTR 5484696 OR 5459 PG 561
RECORDED 12/18/2017 12:24 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$35.50
RESOLUTION NO. 2017- 2 4 4
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 20 FOOT UTILITY EASEMENT RECORDED IN OFFICIAL
RECORD BOOK 2699, PAGE 2204 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS
LOCATED ON THE SOUTH SIDE OF LIVINGSTON WOODS
LANE, NORTH OF THE INTERSECTION OF PINE RIDGE ROAD
AND WHIPPOORWILL LANE, IN SECTION 7, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
(PETITION VAC-PL20170000727).
WHEREAS, pursuant to Resolution 2013-166, Kristina Johnson of J.R. Evans
Engineering, P.A., on behalf of the property owner, JSF Kramer Drive, LLC, has
requested the vacation of the County and the Public interest in the 20 foot Utility
Easement recorded in Official Record Book 2699 Page 2204 of the Public Records of
Collier County, Florida, located in Section 7, Township 49 South, Range 26 East, Collier
County, Florida, being more specifically described 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; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and the
Public interest in the 20 foot Utility Easement recorded in Official Record Book 2699
Page 2204 of the Public Records of Collier County, Florida, located in Section 7,
Township 49 South, Range 26 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 of Collier
County, Florida.
This Resolution adopted after motion, second and majority vote favoring same, this the
\a,-'~ day of 02,t,t ,, v O L e- , 2017.
I of 2
0
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Attest as,t Clerk Penny Taylor, hairma
.signature°Mr,'
Approved as to form and legality:
By: 1 3( 7
Scott A. Stone
Assistant County Attorney
Attachments:
I. Exhibit A
2. Location-Site Map
2 of2
EKHIBJT A
TRACT 59 TRACT 62 O 2
LIVINGSTON MEADOW
PLAT BOOK 19, PAGE 66
POINT OF BEGINNING LIVINGS�N WOODS LANE
THE NORTHWEST CORNER (8TH STREET SW PER PLAT)
OF TRACT 61
L2 60.0'' (P
ROADWAY EASEMENT
2
GRAPHIC SCALE
0 30 60
Cn ^
N �
co co ( IN FEET )
TRACT 61 1 inch = 60 ft.
LESS THE SOUTH
o 225 FEET v
0 0
0 0
(f) z
THE WEST 20.0' OF
TRACT 61, LESS THE SOUTH
225.00 FEET
UTILITY EASEMENT
OFFICIAL RECORDS BOOK 2699, PAGE 2204
(ALSO REFERENCED IN
OFFICIAL RECORDS BOOK 2699, PAGE 2201 AND
OFFICIAL RECORDS BOOK 2699, PAGE 2212)
L1
THE SOUTH 225.00 FEET
OF TRACT 61
J _ _
NORTH RIGHT-OF-WAY LINE
OF PINE RIDGE ROAD
(COUNTY ROAD 896)
LEGAL DESCRIPTION:
AN EASEMENT FOR UTILITY PURPOSES OVER THE WEST 20.00 FEET SKE7tH OF DESCRIPTION
OF TRACT 61, LESS THE SOUTH 225.00 FEET THEREOF, GOLDEN
GATE ESTATES UNIT NO. 35, AS RECORDED IN PLAT BOOK 7, PAGE (NOT A SURVEY)
85, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF TRACT 61, OF SAID LINE TABLE
PLAT RUN S00°19'10"W ALONG THE WEST LINE OF SAID TRACT FOR LINE BEARING DISTANCE
406.29 FEET TO THE NORTH LINE OF THE SOUTH 225.00 FEET OF L 1 S89°40'50"E 20.00'
SAID TRACT; THENCE S89°37'40"E ALONG SAID LINE FOR 20.00 L2 N89°40'50'W 20.00'
FEET; THENCE N00°19'10"E FOR 406.31. FEET TO THE NORTH LINE
OF SAID TRACT 61; THEI GC`N89 40'50"W ALONG SAID NORTH LINE
FOR 20.00 FEET TO THE IPM mT'a4F ,BEGINNING. LEGEND
CONTAINING 8126 . O 1RerEET'MO%-',I0k LESS. O.R. = OFFICIAL RECORDS
PG. = PAGE
BEARINGS BASED.dleThE PL T Or GOCDEI\P GATE ESTATES UNIT NO. R.O.W. = RIGHT-OF-WAY
35 AS PER THE PIAT RECORDED IN PLAN ROOK 7, PAGE 85,
PUBLIC RECORD CIF'COQ LI `R"„ -O NTY, FLORIDA. REVISED: REMOVED DRAINAGE EASEMENT DESIGNATION JC
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I
INSTR 5484697 OR 5459 PG 565
• RECORDED 12/18/2017 12:24 PM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$27.00
DEED OF UTILITY EASEMENT
THE UTILITY EASEMENT(S) (CUEs), are granted and conveyed this 2- day of
013\ 20 \-1 ,by JSF Kramer Drive,LLC a Florida Limited Liability Company,
as Grantor,to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY,AND AS THE EX-
OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT,its successors and assigns, GRANTEE.
WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00)
and other valuable consideration paid by Grantee, receipt of which by is hereby acknowledged
by Grantor,hereby conveys, grants,bargains and sells unto Grantee,its successors and assigns,
a perpetual, non-exclusive easement, license, right and privilege to enter upon and to install,
relocate, repair and/or otherwise maintain utility system(s) and utility facilities, and/or
portion(s) thereof, in, on, over and under the following described lands 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, its successors and/or assigns, together
with the right and privilege to enter upon said land to excavate, relocate and/or take and/or
introduce materials for the purpose of constructing, operating, relocating, repairing and/or
otherwise maintaining the subject utility facilities and/or system(s) or portion(s)thereof,in,on,
over and/or under the easement area. Grantor and Grantee are used for singular or plural, as
the context allows.
41
EXHIBIT "A"
LOT 2
TRACT 59 TRACT 62 LIVINGSTON MEADOW
PLAT BOOK 19, PAGE 66
POINT OF COMMENCEMENT LIVING57nN WOODSIA1VE
THE NORTHWEST CORNER (87H STREET SW PER PLAT)
OF TRACT 61
L 1 L2 6 (P)
ROADWAY EASEMENT
POINT OF BEGINNING
THE WEST 27.50 FEET
OF TRACT 61,
LESS THE SOUTH
225.00 FEET THEREOF
THE EAST 20.00' OF THE
WEST 27.50' OF
TRACT 61, LESS THE SOUTH
225.00 FEET THEREOF
o GRAPHIC SCALE
0 30 60
QS 06
TRACT 61
LESS THE SOUTH
0 ( IN FEET )
o i
225 FEET I inch = 60 ft.
z
L3
THE SOUTH 225.00 FEET
OF TRACT 61
NORTH RIGHT-OF-WAY LINE OF PINE RIDGE ROAD
(COUNTY ROAD 896)
LEGAL DESCRIPTION: SKETCH OF DESCRIPTION
AN EASEMENT FOR COUNTY UTILITIES OVER A PORTION OF TRACT (NOT A SURVEY)
61, LESS THE SOUTH 225.00 FEET THEREOF, GOLDEN GATE
ESTATES UNIT NO. 35, AS RECORDED IN PLAT BOOK 7, PAGE 85,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE LINE TABLE
PARTICULARLY DESCRIBED AS FOLLOWS: LINE BEARING DISTANCE
COMMENCING AT THE NORTHWEST CORNER OF TRACT 61, OF SAID Ll _ S89°40'50'E 7.50'
PLAT RUN S89'40'50"E ALONG THE NORTH-LINE OF SAID TRACT_ L2- S8-9'40'50"E 20..00'' _
FOR 7.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE L3 S89'37'40"E 20.00'
S89°40'50E ALONG SAID NORTH LINE FOR 20.00 FEET; THENCE
S00'19'10"W FOR 406.32 FEET TO THE NORTH LINE OF THE SOUTH
225.00 FEET OF SAID TRACT 61; THENCE N89°37'40"W ALONG SAID
NORTH LINE FOR 20.00 FEET; THENCE N00'19'l 0"E FOR 406.30 LEGEND
FEET TO THE POINT OF BEGINNING.
O.R. = OFFICIAL RECORDS
CONTAINING 8,126 SQUARE FEET MORE OR LESS. PG. = PAGE
BEARINGS BASED ON THE PLAT OF GOLDEN GATE ESTATES UNIT NO.
35 AS PER THE PLAT RECORDED IN PLAT BOOK 7, PAGE 85, REVISED: 09/25/2017 JC
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CHANGED LEGAL DESCRIPTION FROM
"PUBLIC UTILITES" TO "COUNTY UTILITIES"
THIS MAP PREPARED BY: A JAW P5M .� i'-w' DAGOSTINO&WOOD,INC. �� MIRED TO:
p Processional Surveying 2,Mapping 16063x
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IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
1_' fi JSF Kramer Drive,LLC
ieLf4(Print Name) ji✓i /1 COm€s"' By: JSF Management, LLC
WIts: Manager
' ' t Name) ‘e-r L. N.1 Q-CA-K, By: Johnson Development Associates, Inc.
Its: Sole Member
By� a...�- .---
3a,S t C, 44/164
V;ce Pres;(47f
State of South Carolina ) ACKNOWLEDGEMENT
County of Spartanburg )
Dawn Turner Kunak, a Notary Public for the above county and state, does hereby certify that the above
Grantor, by and through Jason C. Lynch its Vice President, personally appeared before me this day and
states that he has executed the foregoing instrument.
WITNESS my hand and notarial stamp or seal this _, (day of , 2017.
Sworn to before me this ac
day o\\\5 , 2017. ,,a;0vRNER
atu .I • :I. Ss: VA
OPS CrrtY PVeI�
Notary Public for South Carolina : :? MY '
Printed Name: Dawn Turner Kunak COMMISSION
My commission expires: —�-'--�`� EXPIRES '
04105122 r
saGTh.............a°"
Prepared by: Renee J. Maxey, Esq. ,,'""""f""""%
Johnson Development Associates, Inc.
100 Dunbar Street, Suite 400
Spartanburg, SC 29306
01/2005
42