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Agenda 03/11/2014 Item #17C3/11/2014 17.C. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20130002229, to disclaim, renounce and vacate the County and the public interest in a portion of the 40 -foot drainage easement located in Block `°B" of Immokalee Industrial Park, as recorded in Plat Book 14, Pages 7 and 8 of the public records of Collier County, Florida, in Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more specifically shown in Exhibit A, and to accept Petitioner's grant of two drainage easements to replace the vacated drainage easement. OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion of the 40 -foot drainage easement located in Block `B" of Immokalee Industrial Park, as recorded in Plat Book 14, Pages 7 and 8 of the public records of Collier County, Florida, in Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more specifically shown in Exhibit A, and to accept Petitioner's grant of two drainage easements to replace the vacated drainage easement. CONSIDERATIONS: Petition VAC- PL20130002229 has been received by the Engineering Services, Growth Management Division, Planning and Regulation from John English, of Peninsula Engineering, as agent for the property owner, to vacate a portion of the 40 -foot drainage easement located in Block `B" of Immokalee Industrial Park, as recorded in Plat Book n 14, Pages 7 and 8 of the public records of Collier County, Florida. n The owner, Barron Collier Partnership, LLLP recently acquired the land with an existing building (a fruit and vegetable packinghouse) and had become aware that there is an existing drainage easement (D.E.) that runs across the land and through the existing building. The master planned drainage system consists of a system of interconnected drainage ditches that largely run along property lines and along the side of the internal roadways. At that time the industrial park was originally developed, a drainage ditch deviated, by design, from the side tract line and cut across the subject tract of land. Subsequent to the development of the industrial park, the subject tract of land was developed to construct the packinghouse and associated parking lot and pavement areas. As a part of that site development, the drainage ditch was re-routed down the side tract line and into the roadway, where it reconnected with the master drainage ditch system and the platted drainage easement was never relocated. The owner proposes to vacate a portion of the existing drainage easement that cuts across the tract and under the existing building and to provide a replacement drainage easement along the side tract line over the actual location of the drainage ditch. The Engineering Department has reviewed this petition and found no reason for objection. Letters of no objection from abutting property owners have been received from all who responded. Packet Page -1272- 3/11/2014 17.C. FISCAL UWPACT: Growth Management Division, Planning and Regulation staff has collected a $2,100 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT U"ACT: There is no growth management plan impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval -- SAS RECOMMENDATION: That the Board of County Commissioners; 1) approves the attached Resolution, relating to Petition VAC- PL20130002229, which will vacate the County and the public interest in a portion of the 40 -foot drainage easement located in Block "B" of Immokalee Industrial Park, as recorded in Plat Book 14, Pages 7 and 8 of the public records of Collier County, Florida, in Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more specifically shown in Exhibit A, 2) accepts the Petitioner's grant of two drainage easements to replace the vacated drainage easement, and 3) directs the Clerk to the Board to record a certified copy of the Resolution in the public records and to make proper notation of this Resolution on the plat of Immokalee Industrial Park, recorded in Plat Book 14, pages 7 and 8, of the public records of Collier County, Florida. Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Resolution, 2) Exhibit A, 3) Location -Site Map, 4) Replacement Drainage Easements (2) Packet Page -1273- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.C. 3/11/2014 17.C. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC -PI- 20130002229, to disclaim, renounce and vacate the County and the public interest in a portion of the 40 -foot drainage easement located in Block "B" of Immokalee Industrial Park, as recorded in Plat Book 14, Pages 7 and 8 of the public records of Collier County, Florida, in Section 3, Township 47 South, Range 29 East, Collier County, Florida, being more specifically shown in Exhibit A, and to accept Petitioner's grant of two drainage easements to replace the vacated drainage easement. Meeting Date: 3/11/2014 Prepared By Name: BermanMarcus Title: County Surveyor, Engineering & Environmental Services ^ 2/13/2014 3:00:30 PM Submitted by Title: County Surveyor, Engineering & Environmental Services Name: BermanMarcus 2/13/2014 3:00:31 PM Approved By Name: KurtzGerald Title: Project Manager, Principal, Transportation Road Maintenance Date: 2/13/2014 3:26:01 PM Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Engineering & Environmental Services Date: 2/13/2014 3:31:10 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Packet Page -1274- 3/11/2014 17.C. Date: 2/14/2014 11:30:19 AM Name: McKennaJack Title: Manager - Engineering Review Services, Engineering & Environmental Services Date: 2/18/2014 5:24:56 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 2/20/2014 8:19:55 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/26/2014 1:49:50 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/26/2014 2:49:10 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 2/27/2014 10:46:59 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/27/2014 3:02:20 PM Packet Page -1275- 3/11/2014 17.C. RESOLUTION NO. 201.4- 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 40 -FOOT WIDE DRAINAGE EASEMENT BEING A PART OF THAT LAND DESCRIBED IN OFFICIAL RECORD BOOK 1283, PAGES 101.6 THROUGH 1018 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING A PART OF BLOCK "B" OF IMMOKALEE INDUSTRIAL PARK, AS RECORDED IN PLAT BOOK 14, PAGES 7 THROUGH 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. [VAC- PL201300022291 WHEREAS, pursuant to Resolution 2013 -166, Petitioner, John English, of Peninsula Engineering, has requested the vacation of the County and the Public interest in the 40 -foot wide drainage easement being a part of that land described in Official Record Book 1283, pages 101.6 through 1018 of the public records of Collier County, Florida and being a part of Block "B" of Immokalee Industrial Park, as recorded in Plat Book 14, pages 7 through 8, of the public records of Collier County, Florida, also being a part of Section 3, Township 47 South, Range 29 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 interest in the 40- foot wide drainage easement being a part of that land described in Official Record Book 1283, pages 1016 through 1018 of the public records of Collier County, Florida and being a part of Block `B" of Immokalee Industrial Park, as recorded in Plat Book 14, pages 7 through 8, of the public records of Collier County, Florida, also being a part of Section 3, Township 47 South. Range 29 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 Immokalee Industrial Park, recorded in Plat Book. 14. Pages 7 through 8, of the public records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this the l lth day of March, 2014. 1 of 2 Packet Page -1276- ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legality: Scott A. Stone Assistant County Attorney Attachments: I) Exhibit A 2) Location -Site Map CP:13 -Eis- 02557\1 I 3/11/2014 17.C. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, Chairman Ia/13 /(Lj 2 of 2 Packet Page -1277- 0. R. BOOK 630 PG. 1449 (UNPLATTED) 17.00' o41 BLOCK "B" NEW HARVEST ROAD LINE TABLE LINE BEARING DISTANCE L 1 S 1 *55'10 " E 40.00' L2 N69'4436"E 42.10' ABBREVIATIONS D.E. = DRAINAGE EASEMENT O.R. = OFFICIAL RECORDS PG. = PAGE For the Exclusive Use Of., Barron Collier Partnership David J. Hygtt, PSM, Florida License No. 5834 Not valid without the signature and original seat of the Florida Licensed Professional Surveyor and Mapper Certificate of Authorization #7705. VAC- PL20130002229 REV:1 925 NEW HARVEST ROAD DATE: 10122113 DUE: 11/5/13 sWO4'50" W 372.79' Nar"1500E 332.90' D.R. BOOK 7283 PGS. 1016-1078 BLOCK "B" MARCO SURVEYING & MAPPING CLIENT.• 960 NORTH COLLIER BOULEVARD SUITE 411 pR0✓EC7 MARCO ISLAND, FLORIDA 34145 DRAf7EL A AU WW RCOS E COM RY Packet Page -1278- 40' D.E. tp 01 N 0 O �I I I 40' D.E. I I EXH 11 '. - /2014 17.C. I NOTES 1. 2. N 3. f6 to N O 4, O C4 5. 0 0 �i N 0 0 N 0 Z I \I X4°' / r This is not a survey. Bearings shown hereon are based on the East line of Block B, Immokolee Industrial Park, according to the Plat thereof, being NO2'05'1 0 V. No easement search or abstracting was done by the surveyor and note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search. Unless otherwise indicated, a/I existing easements shown hereon are based on plat. No other persons or entities other than those listed as exclusive users may rely on this sketch and description. All dimensions are in feet and decimals thereof, unless otherwise noted. Subject to easements, reservations, and restrictions of record, 0. R. BOOK 766 PG. 1 198 (UNPLATTED) BLOCK "C" GRAPHIC SCALE 0 50 100 200 ( IN FEER ) 1 inch = 100 ft SKETCH & DESCRIPTION A Portion of Block "B" Immokalee Industrial Park, Collier County, Florida Barron Collier Partnership, LLP 0 P -184 1 SUB PRAIECT. BY. I DATE I SCALE 90 NUMBER SHEET J-7 DRAWING NO 912013 11"-- 100' 13 -436 1 of 2 1 1 -021 . LEGAL D£5CR/PT10N 3/11/2014 17.C. EXHIBIT "A" Parcel 'A" A portion of that 40 foot drainage easement within Block B of Immokalee Industrial Park as recorded in Plat Book 14 at Pages 7 and 8 of the Public Records of Collier County, Florida also being a portion of those lands described in Official Records Book 1283 at Pages 1016 through 1018 of the Public Records of Collier County, Florida being more particularly described as follows; Commence at the southeasterly most corner of Block B of Immokalee Industrial Park as recorded in Plat Book 14 at Pages 7 and 8 of the Public Records of Collier County, Florida, thence run North 02'05'10" West, along the easterly boundary of said Block B, for a distance of 235.00 feet to the southeasterly corner of those lands described in Official Records Book 1283 at Pages 1016 through 1018 of the Public Records of Collier County, Florida and the POINT OF BEGINNING; thence continue North 02'05'10" West, along the easterly line of said Block B and the easterly line of said described lands, for a distance of 286.72 feet, thence run South 88 "04'50" West along the northerly boundary of the 40 foot drainage easement as shown on the said plat of Immokalee Industrial Park for a distance of 372.79 feet to, a point lying 17.00 feet easterly of, when measured at right angles to the westerly boundary of said described lands; thence run South 01'55'10" East, parallel with, the westerly boundary of said described lands for a distance of 40.00 feet to its intersection with the southerly boundary of said 40 foot drainage easement, thence run North 88'04'50" East, along the southerly boundary of said 40 foot drainage easement, for a distance of 332.90 feet, thence run South 02'05'10" East, along the westerly boundary of said 40 foot drainage easement, for a distance of 259.96 feet, to its intersection with the southerly line of said described lands; thence run North 69'4436" East along the southerly boundary of said described lands for a distance of 42.10 feet to the POINT OF BEGINNING. Containing 25,047.3789 square feet or 0.56 acres more or less. MARCO SURVEYING & MAPPING P 950 NORTH COWER BOULEVARD PDR�AFMD Packet Page -1279- SKETCH & DESCRIPTION A Portion of Block "B'; Immokolee Industrial Park, Collier County, Florida Barron Collier Partnership, LLP if P -184 sus PROJECT. BY. I DATE SCALE I WO NUMBER I SHEET !F DRAWING N0. 912013 1 N/A 1 13 -435 1 2 of 2 1 1 -021 . M CQ N O O O Co O a i U 3/11/2014 17.C. cD _Z Q MW� \ «� W \ M O LLJ 1 � � O E m LL r t " WZ W w2 W \ J Co d Q WW 31VOS 0110N G Y as WS a !j 1 h N rp'5 �= LS h UO_ �~ OQ �U 0_O P m get = M "S m ij Packet Page -1280- E-1 Hr� V, C 0 .y o E � c w os a 3 0 J � � as C a � �r ETO ��T m�= yc, E•—m' c co c.�UciW 0. c4 /j O U O 04 3/11/2014 17.C. THIS INSTRUMENT PREPARED BY AND RETURN TO: Cheryl L. Hastings, Esquire GRANT FRIDKIN PEARSON, P.A. 5551 Ridgewood Avenue, Suite 501 Naples, FL 34108 (239) 514 -1000 DRAINAGE EASEMENT THIS DRAINAGE EASEMENT granted this day of , 2014, by BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited Iiability limited partnership ( "Grantor "), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns ( "Grantee "). WITNESSETH: That Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns, a perpetual, non - exclusive drainage easement, upon, over, under and across the following described lands being located in Collier County, Florida, to wit: (SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN) � Subject to easements, restrictions and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto Grantee and its assigns together with the right to enter upon said land and to place materials for the purpose of drainage and flood control and all related purposes, including without limitation, construction, maintenance, operation, replacement and repair of levees, dikes, basins, channels, improvements, washes, watercourses and other works of drainage or flood control. The easement granted herein shall constitute an easement running with the land and shall burden the lands described herein. Grantor shall maintain, repair and replace drainage and flood control improvements and watercourses in good condition and shall prevent any refuse, debris, vegetation, or other obstruction from accumulating or collecting in any watercourse or improvement. Grantee is not obligated to perform any such work. Grantor warrants and covenants to Grantee and its successors and assigns that Grantor is lawfully seized and possessed of the Property; and that Grantor has a good and lawful right to make the conveyance described herein. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGES TO FOLLOW.] Packet Page -1281- 3/11/2014 17.C. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of. BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited partnership By. Witnes #1 Bradley Boaz, asuth ized Ajjent E Anzicek Printed Name of Witness 41 4-v-�k' �-, -?,I Witness #2 Printed Name of Witness 92 STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that the foregoing instrument was acknowledged before me on this 4 � �' day of %tct r �i 2014, by Bradley Boaz, as Authorized Agent of BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited partnership, on behalf of the partnership, who is personally known to me Q0 (no) or who produced as identification _ Notary Public State of Florida k ^_e � iL ��' F (Notary Seal) I D. DAtVOS ; Typed, stamped, or Printed Name of Notary «"Y P KIM D. DAVIDSON 49 My Commission Expires: .. .. MY COMMISSION N DD 934069 'a EXPIRES: February 19, 2014 BondodThru Notary Public Underwriters Page 2 of 3 Packet Page -1282- 3/11/2014 17.C. Signed, sealed and delivered BARRON COLLIER PARTNERSHIP, LLLP, a in the presence of: Florida limited liability limited partnership By: Witne t4l Lamar Gable, as Authorized Agent Anzicek Printed Name of Witness 91 Printed Name of Witness #2 STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that the foregoing instrument was acknowledged before me on this :j �' day of -� bruc'r! � 2014, by Bradley Boaz, as Authorized Agent of BARRON COLLIER PARTNERSHIP, LUP, a Florida limited liability limited partnership, on behalf of the partnership, who is personally known tc, me ,fees) (no) or who produced as identification. ........... P KIM D. DAUIDSON ?•; ;� MY COMMISSIDN ri DD 934Q69 "' ` EXPIRES: Februa 19, 2014 Bonded ru ry Public UMenxriters APPROVED AS TO FORM AND LEGALITY County Attorney Notary Public - State o��� f�Florida W Q . DAVIDSON Typed, stamped, or Printed Name of Notary My Commission Expires: Page 3 of 3 Packet Page -1283- EXHIBIT "A" Parcel "C" A portion of Block B of Immokalee Industrial Park as recorded in Plat Book 14 at Pages 7 and 8 of the Public Records of Collier County, Florida being more particularly described as follows; Commence at the northwesterly corner of Block B of Immokalee Industrial Park as recorded in Plat Book 14 at Pages 7 and 8 of the Public Records of Collier County, Florida, said point also being the Northeast corner of those lands described in Official Records Book 630 at Page 1449 of the Public Records of Collier County, Florida; thence run South 01'55'10" East, along the westerly boundary of said Block B and its southerly projection, also being the westerly boundary of those lands described in Official Records Book 1283 at Pages 1016 through 1018 of the Public Records of Collier County, Florida for a distance of 468.28 feet to its intersection with the southerly boundary of the 40 foot drainage easement within said Block B and the POINT OF BEGINNING; thence continue South 01'55'10" East, along the westerly line of said lands described in Official Records Book 1283 at Pages 1016 through 1018 for a distance of 300.53 feet to a point on the northerly right of way line of New Harvest Road, said point also being on a circular curve concave to the south, of which the radius point bears South 16'10'06" East, a distance of 75.00 feet therefrom; thence run westerly along said northerly right of way line and the arc of said curve to the left, having a radius of 75.00 feet, through a central angle of 02'11'36", subtended by a chord of 2.87 feet at a bearing of South 72'44'07" West, for a distance of 2.87 feet, thence run North 38 "01'10" West, for a distance of 34.34 feet to a point lying 23.00 feet westerly of when measured at right angles to the westerly boundary of said lands described in Official Records Book 1283 at Pages 1016 through 1018; thence run North 01'55'10" West, parallel with the westerly line of said lands described in Official Records Book 1283 at Pages 1016 through 1018 for a distance of 273.55 feet to its intersection with the southerly boundary of the 40 foot drainage easement within said Block B; thence run North 88'04'50" East, along the southerly boundary of said 40 foot drainage easement, for a distance of 23.00 feet to the POINT OF BEGINNING. Containing 6,647.9676 square feet or 0.15 acres more or less REVISED NOVEMBER 14, 2013 TO ADDRESS COUNTY COMMENTS MARCO SURVEYING & MAPPING 960 NORTH COLDER BOULEVARD SUITE 412 MARCO ISLAND, FLORIDA 34145 (239) 389 -0026 WV .MARCOSURVM.00M 3/11/2014 17.C. SKETCH & DESCRIPTION A Portion of Block "B'; Immokalee Industrial Park, Collier County, Florida VT.. Barron Collier Partnership, LLLP IECT P -184 1 SUB PROJM. TED BY. DATE I SCALE WO NUMBER SHEET 1F DRAWING 70. RY 1 9/2013 I N/A 13 -436 2 of 2 1 -023 , Packet Page -1284- �3com O� N C6 co 0. R. BOOK 630 :o PG. 1449 (UNPLATTED) LO 1 LO LO ow vo BLOCK "B" g O 0 NEW HAR EST 1?04D ABBREK4710NS D.E. = DRAINAGE EASEMENT D.R. = OFFIC14L RECORDS PG. = PAGE R.O.W.E. = RIGHT —OF —WAY EASEMENT For the Exclusive Use Of• Barron Collier Partnership David J. Hyatt, 1 Florida License No. 5334 Not valid witfiiout the signature and original sea] of the Florida Licensed Professional Surveyor and Mapper Certificate of Authorization #7705. EXHIBIT "A" o tii er o 3/11/2014 17.C. GRAPHIC SCALE 0 50 100 200 ( IN FEET) 1 inch = 100 !t 1. 2. --- - - - -3. 0. R. BOOK 1283 PGS. 1016 -1018 BLOCK "B" 4. 5. 6. 7. This is not a survey. Bearings shown hereon are based on the West line of Block B, Immokalee Industrial Park, according to the Plat thereof, being SO 1 '55' 10'E. No easement search or abstracting was done by the surveyor and note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search. Unless otherwise indicated, all existing easements shown hereon are based on plat. No other persons or entities other than those listed as exclusive users may rely on this sketch and description. All dimensions are in feet and decimals thereof, unless otherwise noted. Subject to easements, reservations, and restrictions of record. LINE TABLE LINE BEARING DISTANCE Li N38'01'1O"W 34.34' L2 NBB'04'50 "E 23.00' CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD C1 75.00' 2.87' 2'1136" S72'44'07"W 2.87' REVISED NOVEMBER 14, 2013 TO ADDRESS COUNTY COMMENTS SKETCH & DESCRIPTION A Portion of Block "B'; Immokalee Industrial Park, Collier County, Florida MARCO SURVEYING & MAPPING CLIENT. I Barron Collier Partnership, LLLP 960 NORTH COWER BOULEVARD SUITE 412 PROJECT J., I P -184 1 sue PROJECT MARCO ISLAND, FLORIDA 34145 DRAITm BY.• DATE I SCALE WO NUMBER DRAWING NO. (239) 389-0026 RY 9/2013 11 "= 100' 13 -436 1 of 2 1 -023 Packet Page -1285- 3/11/2014 17.C. THIS INSTRUMENT PREPARED BY AND RETURN TO: Cheryl L. Hastings, Esquire GRANT FRIDKIN PEARSON, P.A. 5551 Ridgewood Avenue, Suite 501 Naples, FL 34108 (239) 514 -1000 DRAINAGE EASEMENT THIS DRAINAGE EASEMENT granted this day of , 2014, by BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited partnership ( "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT, its successors and assigns ( "Grantee "). WITNESSETH; That Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns, a perpetual, non - exclusive drainage easement, upon, over, under and across the following described lands being located in Collier County, Florida, to wit: (SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN) Subject to easements, restrictions and reservations of record.. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto Grantee and its assigns together with the right to enter upon said land and to place materials for the purpose of drainage and flood control and all related purposes, including without Iimitation, construction, maintenance, operation, replacement and repair of levees, dikes, basins, channels, improvements, washes, watercourses and other works of drainage or flood control. The easement granted herein shall constitute an easement running with the land and shall burden the lands described herein. Grantor shall maintain, repair and replace drainage and flood control improvements and watercourses in good condition and shall prevent any refuse, debris, vegetation, or other obstruction from accumulating or collecting in any watercourse or improvement. Grantee is not obligated to perform any such work. Grantor warrants and covenants to Grantee and its successors and assigns that Grantor is lawfully seized and possessed of the Property; and that Grantor has a good and lawful right to make the conveyance described herein. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGES TO FOLLOW.] Packet Page -1286- 3/11/2014 17.C. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited partnership By: Wi ss # Bradley Boaz, as ized ent Mary E. Anzicek Printed Name of Witness #1 "kris lAdf Witness #2 A � AwjeAy Printed Name of Witness #2 STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that the foregoing instrument was acknowledged before me on this '4+'� day of P t- , 2014, by Bradley Boaz, as Authorized Agent of BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited partnership, on behalf of the partnership, who 1s..nersonall_; kuou ;�,;,P (yes) (no) or who produced partnership,. who ' IQM D. DAVIDSON MY COMMISSION 4 DD 934069 • �4 EXPIRES: February 19, 2014 ,jF o • • �; � Bonded Thru Notary P�lic Undenvrke�s Notary Public - State of Florida Typed, stamped, or Printed Name of Notary My Commission Expires: Page 2 of 3 Packet Page -1287- Signed, sealed and delivered in the presence of Witne #1 Mary F- Anzieek Printed Name of Witness #1 4�w ro ��WA Yiritnesss. 2�� 1�5 &Wdf Printed Name of Witness 92 STATE OF FLORIDA COUNTY OF COLLIER 3/11/2014 17.C. BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited partnership By: �- Lamar Gab l,./, as Authorized Agent n I HEREBY CERTIFY that the foregoing instrument was acknowledged before me on this day of 2014, by Bradley Boaz, as Authorized Agent of BARRON COLLIER PARTNERSHIP, L LP, a Florida limited liability limited partnership, on behalf of the partnership, who is n rsonally known to me (yes (no) or who produced as identification. KIM D. DAVIDSON MY COMMISSION # DD 934069 EXPIRES: February 19, 2014 of F; de d Th NoyPUbficUndwflbrs APPROVED AS TO FORM AND LEGALITY County Attorney Not ry Public - State of Florida Typed, stamped, or Printed Name of Notary My Commission Expires: Page 3 of 3 Packet Page -1288- 3/11/2014 EXHIBIT "A" Parcel "B" A portion of Block B of Immokalee Industrial Park as recorded in Plat Book 14 at Pages 7 and 8 of the Public Records of Collier County, Florida also being a portion of those lands described in Official Records Book 1283 at Pages 1016 through 1018 of the Public Records of Collier County, Florida being more porticulorly described as follows; Commence at the northwesterly corner of Block B of Immokalee Industrial Park as recorded in Plot Book 14 at Pages 7 and 8 of the Public Records of Collier County, Florida, said point also being the Northeast corner of those lands described in Official Records Book 630 at Page 1449 of the Public Records of Collier County, Florida; thence run South 01'55'10" East, along the westerly boundary of said Block B and its southerly projection, also being the westerly boundary of those lands described in Official Records Book 1283 at Pages 1016 through 1018 of the Public Records of Collier County, Florida for a distance of 468.28 feet to its intersection with the southerly boundary of the 40 foot drainage easement within said Block B and the POINT OF BEGINNING; thence run North 88'04'50" East, along the southerly boundary of said 40 foot drainage easement, for a distance of 17.00 feet; thence run South 01'55'10" East, parallel with the westerly line of said lands described in Official Records Book 1283 at Pages 1016 through 1018 for a distance of 260.51 feet, thence run South 38'01'10" East for a distance of 54.92 feet to a point on the northerly right of way line of New Harvest Road, said point also being on a circular curve concave to the south, of which the radius point bears South 22'2431 " West, a distance of 75.00 feet therefrom; thence run westerly along said northerly right of way line and the arc of said curve to the left, having a radius of 75.00 feet, through a central angle of 38'3437'; subtended by a chord of 49.55 feet at a bearing of North 86'52'47" West, for a distance of 50.50 feet to the southwesterly corner of said lands described in Official Records Book 1283 at Pages 1016 through 1018; thence run North 01'55'10" West, along with the westerly line of said lands described in Official Records Book 1283 at Pages 1016 through 1018, for a distance of 300.53 feet to the POINT OF BEGINNING. Containing 5,653.6354 square feet or .13 acres more or less. REVISED NOVEMBER 14, 2013 TO ADDRESS COUNTY COMMENTS SKETCH & DESCRIPTION A Portion of Block "B" Immokalee Industrial Park, Collier County, Florida MARCO SURVEYING & MAPPING CLIENT I Barron Collier Partnership, LLLP 960 NORTH COLLIER BOULEVARD SUITE 412 PROJECT. P -184 SUB PROJECT: MARCO ISLAND, FLORIDA 34145 DRAFTED BY. DATE SCALE WO NUMBER SHEET # i a9OVWw CSURE S COM RY 191201J N/A 13 -436 12 of 2 Packet Page -1289- n.c. DRAWING NO. 1 -022 , woo :� D: Boa N 0. R. BOOK 630 0 PG. 1449 (UNPLATTED) LQ 1 cqn 4; op BLOCK "B" EXHIBIT "A" GRAPHIC SCALE --- - - - - -- 0 50 100 200 IN FEET 1 inch = 100 ft NOTES 1. 2 - - - -�---------- 3. 1 VQ, -- - - - - -- w w 0 O C4 w � w Z � `� NEW HAR EST R04D ABBREVIATIONS D.E. = DRAINAGE EASEMENT O.R. = OFFICIAL RECORDS PG. = PAGE R.O.W.E. = RIGHT —OF —WAY EASEMENT For the Exclusive Use Of Barron Collier Partnership David J. HyStt, `PSM, Florida License No. 5834, Not valid without the signature and original seal of the Florida Licensed Professional Surveyor and Mapper Certificate of Authorization #7705. 0. R. BOOK 1283 PGS. 1016 -1018 BLOCK "B" 4. 5. 6. 7. 3/11/2014 17.C. This is not a survey. Bearings shown hereon are based on the West line of Block B, Immokalee Industrial Park, according to the Plat thereof, being S01'55'10'E. No easement search or abstracting was done by the surveyor and note should be taken that this property is subject to any facts that may be revealed under a full and accurate title search. Unless otherwise indicated, all existing easements shown hereon are based on plat. No other persons or entities other than those listed as exclusive users may rely on this sketch and description. All dimensions are in feet and decimals thereof, unless otherwise noted. Subject to easements, reservations, and restrictions of record. LINE TABLE LINE BEARING DISTANCE L 1 N88'04'50 E 17.00' L2 S38'01'10 E 54.92' CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD BEARING CHORD C1 75.00' 50.50' 38'3437" N86'5247 W 49.55' REVISED NOVEMBER 14, 2013 TO ADDRESS COUNTY COMMENTS MARCO SURVEYING & MAPPING CLIENT.• 960 NORTH COLLIER BOULEVARD SURE 412 PROJECT MARCO ISLAND, FLORIDA 34145 DRAFTED wlMi ARCOSURVEYS coM RY Packet Page -1290- SKETCH & DESCRIPTION A Portion of Block "B', Immokalee Industrial Park, Collier County, Florida Barron Collier Partnership, LLLP A If: I P -184 1 SUB PROJECT.• DATE SCALE WO NUMBER SHEEP # DRAWING h 912013 1 1 "= 100' 1 13 -436 1 of 2 1 -022 3/11/2014 17.C. NAPLES DAILY NEWS K Wednesday, February-19,2014 K Z7D • • • • NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION Notice is hereby given that on Tuesday, March 11, 2014, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, the Board of County Commissioners (BCC} will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO. 2014- 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 40 -FOOT WIDE DRAINAGE EASEMENT BEING.A PART OF THAT LAND DESCRIBED IN OFFICIAL RECORD BOOK 1283, PAGES 1016 THROUGH 1018 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING A PART OF BLOCK "B" OF IMMOKALEE INDUSTRIAL PARK, AS RECORDED IN PLAT BOOK 14, PAGES 7 THROUGH 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COL- A I E R COUNTY, FLORIDA. (PETITION VAC- PL20130002229) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda' item must register with the County' Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may .be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of, 3 weeks prior to the resppective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a. person with a disability who needs any accommodation in order to Participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County, Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 341125356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing .impaired are available in the Board of County Commissioners Office. I - BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn Deputy Clerk (SEAL) February 19 & 26. 2Q14 No. 201705n Packet Page -1291- 3/11 /2014 17.C. 26D *Wednesday, February 26, 2014 N NAPLES DAILY NEW S NOTICE OF PUBLIC HEARING TO CONSIDER A RESOLUTION Notice is hereby given that on Tuesday, March 11, 2014, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO. 2014- 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 40 -FOOT WIDE -DRAINAGE EASEMENT BEING A PART OF THAT LAND DESCRIBED IN OFFICIAL RECORD BOOK 1283, PAGES 1016 THROUGH 1018 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING A PART OF BLOCK- "B" OF IMMOKALEE INDUSTRIAL PARK, AS RECORDED IN PLAT BOOK 14, PAGES 7 THROUGH 8, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COL- LIER COUNTY, FLORIDA. (PETITION VAC- PL20130002229) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the Counttyy Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf -of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included, in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitjed to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to- appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to .the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252.8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of 'County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn Deputy Clerk (SEAL) February 19 & 26. 2014 No. 2017050 If- Packet Page -1292-