Agenda 12/15/2009 Item #17A
Agenda Item No. 17 A
December 15, 2009
Page 1 of 23
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC-PL-2009-1023, Nature Pointe Lot 8, to
disclaim, renounce and vacate the County's and the Public's interest in that portion of a
25-foot wide drainage easement along the rear of Lot 8, Nature Pointe, as filed in Plat
Book 20, Pages 20-22 of the Public Records of Collier County, Florida, situated in Section
35, Township 49 South, Range 25 East, Collier County, Florida, the vacated portion being
more specifically depicted and described in Exhibit "A" and accept the replacement
drainage easement shown on Exhibit "B". This item requires that all participants be
sworn in and ex parte disclosures be provided by Commission members.
OBJECTIVE:
To adopt a resolution vacating that portion of a 25-foot wide drainage easement along the rear
of Lot 8, Nature Pointe, as filed in Plat Book 20, Pages 20-22 of the Public Records of Collier
County, Florida, situated in Section 35, Township 49 South, Range 25 East, Collier County,
Florida, the vacated portion being more specifically depicted and described in Exhibit "A" and
accept the replacement drainage easement shown on Exhibit "B" in place of the vacated
easement area.
-- CONSIDERATIONS:
Petition VAC-PL2009-1023, Nature Pointe Lot 8, has been received from Carrie E. Lademan
and Raymond F. Lademan, the Petitioners. This vacation request is intended to remove a
portion of a 25-foot wide drainage easement over the rear of this lot, which is now encumbered
by a pool and pool deck area, and replace an equivalent water quality treatment area and
easement in an area along the northerly property line, Letters of no objection have been
received from applicable divisions/entities. Staff has stipulated that prior to recording of the
easement vacation the owner will obtain needed permit modification from the South Florida
Water Management District (SFWMD) to address the changing of the stormwater treatment
design, provide a copy of the approved permit modification (or letter of approval from SFWMD)
to the County, and construct the replacement stormwater treatment system and have the
construction approved by staff, All other staff concerns have been addressed; thereby we
recommend approval with the stated requirements.
FISCAL IMPACT:
Engineering and Environmental Services staff has collected a $2,000 "Petition to Vacate" fee
from the petitioner which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
-
There is no growth management impact associated with this Executive Summary.
Agenda Item No. 17 A
December 15. 2009
Page 2 of 23
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no known historical or archaeological impacts.
LEGAL CONSIDERATIONS:
This item is legally sufficient for Board consideration and approval. -JW
RECOMMENDATIONS:
1. To adopt a resolution vacating that portion of a 25-foot wide drainage easement along the
rear of Lot 8, Nature Pointe, as filed in Plat Book 20, Pages 20-22 of the Public Records
of Collier County, Florida, situated in Section 35, Township 49 South, Range 25 East,
Collier County, Florida, the vacated portion being more specifically depicted and
described in Exhibit "A" and accept the replacement drainage easement shown on Exhibit
"B" in place of the vacated easement area.
2. Require the owner to obtain a permit modification from South Florida Water Management
District to address the changing of the stormwater treatment design; provide a copy of the
approved permit modification to the County; construct the replacement stormwater
treatment system; and have the construction approved by staff.
3. Upon satisfactory completion of the replacement treatment system, authorize the
Chairman to execute the Resolution and easement agreement, and direct the Clerk to the
Board to record a certified copy of the Resolution in the Public Records and to make
proper notation of this vacation on the record plat as referenced above,
4. Require the owner to record the replacement easement, easement agreement and
stipulated maintenance in the Official Records of Collier County.
PREPARED BY:
Stephen A. Higgins P.S.M., Land Surveyor
Engineering and Environmental Services Department
Ilem Number:
Ilem Summary:
Meeting Date:
Agenda Ilem No. 17 A
December 15, 2009
Page 3 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
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-PL-2009-1023, Nature Point Lot 8, to disclaim, renounce and vacate
the Countys and the Publics interest in that portion of a 25-foot wide drainage easement
along the rear of Lot 8, Nature Point, as filed in Plat Book 20, Pages 20-22 of the Public
Records of Collier County, Florida, situated in Section 35, Township 49 South, Range 25
East, Collier County, Florida, the vacated portion being more specifically depicted and
described in Exhibit A and accept the replacement drainage easement shown on Exhibit B.
12/15/20099:00:00 AM
Prepared By
Stephen Higgins
Community Development &
Environmental Services
County Surveyor
Date
Engineering & Environmental Services
11/10/20097:06:14 AM
Approved By
Gerald Kurtz
Transportation Division
Project Manager, Principal
Date
Transportation Road Maintenance
11/10/2009 8:55 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
11/12/20094:24 PM
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Director. CDES Engineering Services
Date
Engineering & Environmental Services
11/30/2009 11 :06 AM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney
12/2/20098:07 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Administrator - Community Development
Community Development &
Environmental Services
Date
12/3/200912:54 PM
Approved By
NiCk Casalanguida
Transportation Division
Director - Transportation Planning
Date
Transportation Planning
12/3/20093:19 PM
Approved By
Agenda Item No. 17 A
December 15, 2009
Page 4 of 23
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
12!3!2009 3:41 PM
ApproYfd By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/3/20094:56 PM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
12/8/200912:39 PM
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Exhibit "A"
Page 1 of 2
II GradyMinor
Civil Engineers · Land Surveyors · Planners · Landscape Architects
Agenda Item No. 17A
December 15, 2009
Page 7 of 23
LEGAL DESCRIPTION
A PORTION OF A 25' WIDE DRAINAGE EASEMENT TO BE V ACA TED
BEING A PORTION OF A 25' WIDE DRAINAGE EASEMENT LYING OVER A PORTION OF LOT 8
OF NATURE POINTE AS RECORDED IN PLAT BOOK 20 AT PAGES 20 mROUGH 22 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 8 OF NATURE POINTE AS RECORDED IN
PLAT BOOK 20 AT PAGES 20 THROUGH 22 OF THE PUBLIC RECORDS COLLIER COUNTY,
FLORIDA; THENCE RUN ALONG THE SOUTH LINE OF SAID LOT 8 SOUTH 89006'35" EAST,
FORA DISTANCE OF 15,00 FEETTOA POINT ON THE EAST LINE OF A 175' WIDE DRAINAGE
CANAL EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 121 PAGE 165 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN ALONG THE EAST
LINE OF SAlD DRAINAGE CANAL EASEMENT NORTH 00053'25" EAST, FOR A DISTANCE OF
86.24 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 8; THENCE RUN ALONG SAlD
NORTH LINE SOUTH 79036'40" EAST, FOR A DISTANCE OF 10,]4 FEET TO A POINT ON THE
EAST LINE OF A 25' WIDE DRAINAGE EASEMENT AS RECORDED IN THE PLAT OF SAID
NATURE POINTE; THENCE RUN ALONG SAID EAST LINE soum 00053'25" WEST, FOR A
DISTANCE OF 84.56 FEET TO A POINT ON mE AFOREMENTIONED SOUTH LINE OF SAID LOT
8; THENCE RUN ALONG SAID SOUTH LINE NORTH 89006'35" WEST, FOR A DISTANCE OF
10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 854 SQUARE FEET OR 0.02 ACRE,
MORE OR LESS.
DAT.E'1;'~4f'",
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RANDALL HENDRA~'
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,PSM #6091
STATE OF FLORIDA
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SHEET 1 OF 2
009-1023
VAC-PL2 POII-lTE LOT 8
NATURE
QATE: 8/19109
QUE: 9/2/09
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Q. Grady Minor & Associates. PA
3800 Via Del R~Y'jects Survey 2009\NATURE POINTE\LEGALSIB.380Ldoc
Bonita Springs. FL 34134
Ph. 239.947-1144' Fx: 239-947-0375
EB 0005151 . LB 0005151 . LC 26000266
www.gradyminor.com
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This Instrument Prepared By:
Carrie E. Lademan, Esquire
Woodward, Pires & Lombardo, PAc
3200 Tamiami Trail North, Suite 200
Naples, Florida 34104
Agenda Item No. 17A
December 15, 2009
-- -~ F'a>Je-B-Df -z3
V AC-PL2009-1 023
NATURE POINTE LOT 8
DATE: 8/19/09
DUE: 9/2/09
DRAINAGE EASEMENT
THIS DRAINAGE EASEMENT, is granted this day of July, 2009, by Raymond
F. Lademan and Carrie E. Lademan, husband and wife, as the Grantor, and COLLIER COUNTY,
A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, its successors and assigns, and
NATURE POINTE HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation, as
the Grantee.
WITNESSETH, That the Grantor for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration paid by Grantee, the receipt of which is hereby
acknowledged by Grantor, hereby conveys, grants, bargains and sells unto Grantee, its
successors and assigns, a perpetual, non-exclusive drainage easement in, on, over and under
the following described lands located in Collier County, to wit:
See Exhibit "A" attached hereto and incorporated herein by reference.
Grantee, Nature Pointe Homeowners Association, Inc., its heirs, successors and/or
assigns, shall bear the responsibility for maintaining the easement area, including regular
maintenance as may be required by any governmental agency having jurisdiction reiative thereto.
Grantee, Collier County, shall have no responsibility for maintenance of the easement area.
TO HAVE AND TO HOLD, the same unto the Grantee, its successors and/or assigns,
together with the right and privilege to enter upon said land to repair and/or otherwise maintain
the easement area. Grantor and Grantee are used for singular or plural, as the context allows.
be executed the
,
ay. ond F. Lademan
{J ;/;;//I/JI #L-
Carrie BrLademan
It ess Signature ~ 2'
L.<;~4. ('..n:;u/J .rca."e
Witness Printed Name v
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this .)4\'-.- day of July,
2009, by Raymond F. Lademan and Carrie E. Lademan, husband and wife, each of whom are
personally known to me.
.- A. iiiUSlS'
A$I,~~ ..- K)ll00158ll24
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Signature of Notary Public
Printed or Stamped Name:
My Commission Expires:
(SEAL)
Page 1 of3
---._~_.~--
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EX 1-1 ,e>IT ' I?
PA(;.~ \ of "1
Agenda Item No. 17 A
December 15, 2009
Page 10 of 23
Nature Pointe Homeowners Association, Inc.
BZ~~~
RIcherd Paganes, ldent
fEl)..'';'
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ~I!:L day of July _
. 2009. by Richard Paganes, as President of the Nature Polnle Homeowners
Association. Inc., a Florida not for P.!J>fit corporation. on be If of the corporation, who is
()"....'"._...~M...''''''"(] l1:"&' "= -olD
. tu of Notary Public
Cal2our-"le 'E. Vc3LlghC-n
Printed or Stamped Name:
My Commission Expires: OIlzR 1/2
(SEAL)
Q) CMOUIU, 'MU 11111I
~_._"f_
. . "'C~ ' , . EJpIroo.... 2t,
CGmllilIiol'l . 00 153077
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Page 2 of3
pp. ~c z. <>F 7-
Agenda Item No. 17A
December 15, 2009
Page 110123
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
Deputy Clerk
Approved as to form and legal sufficiency:
r
By:
J E Wright
Ass ant County Attorney
Page 3 of 3
,,---'-'--~~-
E,KI-I-\5\T 'e;
f'u:e ::; "f 7
Agenda Item No. 17 A
December 15, 2009
Page 12 of 23
JOINDER. CONSENT AND SUBORDINATION TO
GRANT OF DRAINAGE EASEMENT
Encore Bank, being the holder of that certain Mortgage recorded in O.R Book 4107, Page 3228,
Public Records of Collier County, Florida (the "Mortgage"), which Mortgage encumbers the
property described as Lot 8, Nature Polnte, according to the plat thereof, recorded in Piat Book
20, Pages 20 through 22, of the Public Records of Coilier County, Florida, hereby joins in and
consent to said Drainage Easement The joinder of the undersigned shall be construed to be a
subordination of the lien referenced herein to the Drainage Easement, but in no other manner
,h." " "''''' fu, .'"'" "fu. "~Mo"'_' "' ." " fu, .'m, ,,,,eo<
Executed this ;) 'I day Off :J / , 2009.
~s:
. (~(r /ILL tc
s~1:?u;~Ii' H,~,,~
Printed Name -
I!
Encore Bankl / I
~l/
/
~-
,Aj~d In - ~1'1.A
Sj.l;ln,at~r; d /:
0>. ,~~ (O'r(/--,7"";'-
Printed Name
By:
Printed Name:
Title: ,rJ~J ".~""'1
uJ'/.i....."",,
.,:',A'"
/I5t'........JJ~~
~ I'-,Ji ~ a-.
STATE OF -[:/6 L. d-f:.
COUNTY OF t'.w t< ~ .
I hereby certify that on this day, before me, the undersigned notary public, authorized in the State
nQJ;;ount stated above to take acknowledgments, personaily eared
:h ::.sei-J (name), as 0) (titie)
of En re Bank, on behalf of Encore Bank, who is (check appropriate box) ersonaily known to
me or who 0 provided a (insert State) driver's license as identi I
A~I7T. 7n CciAA~'J-
-Si~ture '!.lJ.tary Public ('.
/'H" /l1. /J7Y( ,,/
Printed or Stamped Name:
My Commission Expires:
(SEAL)
NOTARY PUBUC.ST:'J'E OF ,WRIDA
,.,"'''''....~ Ginette M. Carrier
~~]CO~misSion #DD598476
""""~,,,,, ExplIes: SEP. 24, 2010
BONDEDTHRtJ ATL.l,NTIC BONDll\G co., INC.
E."-.1-l-<l3IT' 5'
Pt>,G;.E. 4- .sf 1-
Agenda Item No. 17A
December 15, 2009
Page 13 of 23
JOINDER. CONSENT AND SUBORDINATION TO
GRANT OF DRAINAGE EASEMENT
CltlMortgage, Inc., being the holder of that certain Mortgage recorded in OR. Book 3839, Page
2791, Public Records of Collier County, Florida (the "Mortgage"), which Mortgage encumbers the
property described as Lot 8, Nature Pointe. according to the plat thereof, recorded in Plat Book
20, Pages 20 through 22, of the Public Records of Collier County. Florida, hereby joins in and
consent to the said Drainage Easement The joinder of the undersigned shall be construed to be
a subordination of the lien referenced herein to the Drainage Easement. but in no other manner
shall it affect the priority of the lien of the Mortgage. or any of the terms thereof.
Executed this ~day of :seDi-fmhtr , 2009.
.
cr:;~
Sit~~ ~I ~ ~
. Printed Name
;1
:~ture .
taJl..P"
Printed Name
i), DIAV)5
STATE OF (() AP...,LJ'tIJ[)
COUNTY OF FQfO eel 0\
I hereby certify that on this day. before me, the undersigned notary public, authorized in the State
and county statrd above to take acknowledgments, personally ?ppea"ed ...
Fhtf, K. rnl fr (name), as V/u !f(s,dft1t (title)
of CitiMortgage, Inc., on behalf of CitiMortage, Inc., who is (check appropriate box) or1iersonally
known to me or who 0 provided a (insert State)driver's license as identification.
&bt.liJ ,j3L
SibRature of Notary P Ii
fJcborah A. CrUMM; tf
Printed or Stamped Name:
My Commission Expires: /f)Oj 5. ,;)0/;),
(SEAL)
t:1ll-\16IT ' ,e'
VAC.PL2009-1023 REV: 2
NATURE POINTE LOT 8
DATE: 10/13/09
DUE: 10/27/09
PAr;, r:. 6' "r,. -:t
:
Exhibit lIAII
Page 1 of 2
II GradyMinor
Civil Engineers · Land Surveyors · Planners · Landscape Architects
Agenda Item No. 17 A
December 15, 2009
Page 14 of 23
VAC-PL2009-1023 REV: 2
NATURE POINTE LOT 8
DATE: 10113/09
DUE: 10/27/09
LEGAL DESCRIPTION
A 5.25' WIDE DRAINAGE EASEMENT
COMMENCE AT THE NORTHWEST CORNER OF LOT 8 OF NATURE POINTE AS RECORDED IN
PLAT BOOK 20 AT PAGES 20 THROUGH 22 OF THE PUBLIC RECORDS COLLIER COUNTY,
FLORIDA; THENCE RUN ALONG THE NORTH LINE OF SAID LOT 8 SOUTH 79'36'40" EAST,
FOR A DISTANCE OF 15.21 FEET TO A POINT ON THE EAST LINE OF A 175 FOOT WIDE
DRAINAGE CANAL EASEMENT AS RECORDED IN OFF]CIAL RECORDS BOOK 121 AT PAGE
]65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
ALONG AFOREMENTIONED NORTH LINE SOUTH 79'36'40" EAST, FOR A DISTANCE OF 59.14
FEET; THENCE RUN SOUTH 10'23'20" WEST, FOR A DISTANCE OF 5.25 FEET; THENCE RUN
NORTH 79'36'40" WEST, FOR A DISTANCE OF 58.26 FEET TO THE AFOREMENTIONED EAST
LINE OF SAID DRAINAGE CANAL EASEMENT; THENCE RUN NORTH 00'53'25" EAST ALONG
SAID EAST LThc, FOR A DISTANCE OF 5.32 FEET TO THE POINT OF BEGTh'NING,
CONTAINING 308.17 SQUARE FEET, MORE OR LESS,
DATE r/l~r
,
zffh~
RAm)ALL HENDRA
, PSM #6091
STATE OF FLORIDA
SHEET 1 OF 2
E'l'->-\lE;>IT 'BI
Pc>~~ '" 0;:' 1
3Q8' OGOra~y Min,<r~oj~ii~\lhlf'e~eiooll\RA TURE POINTEILEGALSIB.3802.I.doo
, VIa Del Rey
Bonif.a Springs, FL 3'1134
Ph. 239-947-1144. Fx: 239-947-0375
Ell 0005151 . Lll 0005151 . LC 26000266
W\v\v.gradymlnor.com
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Agenda Item No. 17 A
December 15, 2009
Page 16 of 23
This Instrument Prepared By:
Carrie E. lademan, Esquire
Woodward, Pires & lombardo, PA
3200 Tamlami Trail North, Suite 200
Naples, Florida 34104
EASEMENT VACATION AGREEMENT
THIS EASEMENT VACATION AGREEMENT, is entered into this day of July,
2009, by Raymond F. lademan and Carrie E. lademan, husband and wife (hereinafter
"lademan") and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA, its successors and assigns (hereinafter "Collier County"):
WHEREAS, lademan is the owner of the following described real property located in
Collier County, Florida: lot 8, Nature Pointe, according to the plat thereof recorded in Plat Book
20, Pages 20 through 22, of the Public Records of Collier County, Florida (hereinafter "Property");
and
WHEREAS, the Property is subject to a platted Drainage Easement located on the West
25 feet of the Property (hereinafter the "Drainage Easement"); and
WHEREAS, a portion of the improvements (pool deck) located on the Property
(hereinafter "Encroaching Improvement") encroaches Into the Drainage Easement; and
WHEREAS, lademan's pool permit #2003110604 was conditioned upon the vacation of
a portion of the Drainage Easement which the Encroaching Improvement encroaches into;
WHEREAS; lademan has requested and Collier County has agreed to vacate a portion
of the Drainage Easement as show on "Exhibit "A"; and
WHEREAS; in consideration of the vacation of the Drainage Easement, lademan has
agreed to assume the risk of any damage to Encroaching Improvement resulting from the use of
the remaining portion of the Drainage Easement for its intended purposes.
NOW THEREFORE, in consideration of the vacation of a portion of the Drainage
Easement, the parties agree as follows:
1. The portion of the Drainage Easement described on Exhibit "A" is hereby vacated,
and the Property shall be freed of said Drainage Easement and the rights and privileges granted
therein;
2. lademan acknowledges that the Encroaching Improvement is adjacent to a
functioning Drainage Easement that incorporates a part of the Primary Drainage System, namely
a portion of the Golden Gate Main Canal, and that the Encroaching Improvement may impede
land based maintenance of the canal In the future.
3. lademan acknowledges and agrees that Collier County, or any agency or party
working in coordination with Collier County, shall not be responsible for any damage to
Encroaching Improvement resulting from the use of the remaining portion of the Drainage
Easement for its intended purposes.
4. Collier County acknowledges the condition to lademan's pool permit #2003110604
has been satisfied and a permanent certificate of completion shall be issued for the swimming pool
constructed on the Property.
5. The covenants in this Agreement shall run with the Property.
Page 1 of 3
VAC-PL2009-1023 REV: 2
NATURE POINTE LOT 8
DATE: 10/13/09
DUE: 10/27/09
Agenda Item No. 17A
December 15, 2009
Page 17 of 23
IN WITNESS WHEREOF, the parties have caused these presents to be executed the
date and year first written above.
6Jt~
~~~
Witness Signature
\~oe1 ~\->\-r
Witness ~rintedNam~
~
It $0 &o-wbr;cl9<?.
Wrtness Printed Name v
Carrie E.
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this :>4.ln.. day of July,
2009, by Raymond F, lademan and Carrie E, lademan, husband and wife, each of whom are
personally known to me.
~ C\.\;.,
Signature of Notary Public
(SEAL)
Printed or Stamped Name:
My Commissio
4i"'1Iio. NOELA.HOUJS\'ER
. ~"f~!IV COMMISSION' DO 758024
\ : EXPIRES: MardI 23, 2012
, 8andIdThruMaW;'NIIC~
Page 2 of 3
Agenda Item No. 17 A
December 15, 2009
Page 18 of 23
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
DONNA FIALA, CHAIRMAN
Approved as to form and legal sufficiency:
By:
~
Page 3 of 3
II GradyMinor
Civil Engineers · Land Surveyors · Planners · Landscape Architects
Agenda Item No. 17 A
December 15, 2009
Page 19 of 23
LEGAL DESCRIPTION
A PORTION OF A 25' WIDE DRAINAGE EASEMENT TO BE V ACA TED
BEING A PORTION OF A 25' WIDE DRAINAGE EASEMENT LYING OVER A PORTION OF LOT 8
OF NATURE POINTE AS RECORDED IN PLAT BOOK 20 AT PAGES 20 THROUGH 22 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 8 OF NATURE POINTE AS RECORDED IN
PLAT BOOK 20 AT PAGES 20 THROUGH 22 OF THE PUBLIC RECORDS COLLIER COUNTY,
FLORIDA; THENCE RUN ALONG THE SOUTH LINE OF SAID LOT 8 SOUTH 89006'35" EAST,
FORA DISTANCE OF 15.00 FEETTOA POINT ON THE EAST LINE OF A 175' WIDE DRAINAGE
CANAL EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 121 PAGE 165 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN ALONG THE EAST
LINE OF SAID DRAINAGE CANAL EASEMENT NORTH 00053'25" EAST, FOR A DISTANCE OF
86.24 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 8; THENCE RUN ALONG SAID
NORTH LINE SOUTH 79036'40" EAST, FOR A DISTANCE OF 10.14 FEET TO A POINT ON THE
EAST LINE OF A 25' WIDE DRAINAGE EASEMENT AS RECORDED IN THE PLAT OF SAID
NATURE POINTE; THENCE RUN ALONG SAID EAST LINE SOUTH 00053'25" WEST, FOR A
DISTANCE OF 8456 FEET TO A POINT ON THE AFOREMENTIONED SOUTH LINE OF SAID LOT
8; THENCE RUN ALONG SAID SOUTH LINE NORTH 89006'35" WEST, FOR A DISTANCE OF
10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 854 SQUARE FEET OR 0,02 ACRE,
MORE OR LESS.
DATE 1~r./o.$
, "-
. ".d"/~
y(C~~~C
RA~~L1fENDI{A
,PSM #6091
STATE OF FLORIDA
SHEET 1 OF 2
V AC-PL2009-1 023
NATURE POINTE LOT 8
DATE: 8/19/09
DUE: 9/2/09
"i
(1. Grady Minor & Associates, P.A.
3800 Via Del fR'ey>iccts Survey 20091NATURE POINTEILEGALS\B.380Ldoc
Bonita Springs. FL 34134
Ph. 239.947.1144. fix: 239-947-0375
EB 0005151. LB 0005151. LC 26000266
www.gradymlnor.com
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Agenda Item No. 17 A
. December 15, 2009
NaplelDaily Newl . Sunday, December 6,2009' 21Ifage 21 of 23
~'--=:::~':_',=:::::,::_:'_::;,::':;:::;::;.:;:-__~::;;::;;~,:::~~:::,:':",:,=;:::::::::::;;::;:"=;-:::-::=::::::;':::::::':::;::':;::::::;'''';:~__~ _, '_e.,,', ^'W^~,..__'"
.
NOTIce OF PUBLIC HEARING
Noti~e is :'hereby"lven ,that the Board
of County, Commissioners of CClllier
County wIll hold a public hearing on
Tuesday, December 15, 2009 in. ,the
Boardroom,3rd Floor, Administration
Building, Collier County Government
Center. - 3301, East Tamiami Tratl,
Naples. Florida. The meeting - will be-
gin at 9:00 A.M. The title of the pro-
posed Resolution is 85 fol~ows: ,
A RESOLUTION .OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA. RELATING TO PETI.
TION VAC.PL2009~1023, NATURE
POINTE LOT 'B,' TO DISCLAIM, RE-
NOUNCE AND VACATE THE COUNTY'S
AND. THE PUBLIC'S INTEREST IN A POR-
TION OF A 2S FOOT WIDE DRAINAGE
EASEMENT ALONG THE' REAR OF LOT
B, NATURE POINTE, 1>5 FILED IN PLAT
BOOK 20, PAGES 20-22 OF THE PUBLIC
RECORDS. OF COLLIER COUNTY, FLORI-
DA.SITUATED IN SECTION 3S, TOWN-
SHIP 49 SOUTH, RANGE 25 EAST, :COL-
L1ER COUNTY, FLORIDA. AND TO AC.
CEPT A REPLACEMENT DRAINAGE
EASEMENT.
NOlE: All Persons wiming to speak
on any a~nda item must re~ister with
the Count)" Administrator prior' to pre-
sentation of the agenda item to be
addressed, Individual speakers will be
limited to 3 minu'te$ ,on any item. The
selection of an individual to speak. on
be:half o'f an org2lnization or group is
encouraged~ . If i recognized by the
Chair, a spokesperson for a group or
organization may be allotted 10 min.
utes to speak on an item.
Persons wishinQ to. have written or
graphic matenals included in the
80ardagenda packets must submit
said material a minimum 1 of 3 weeks
prior to the respective public hearing.
In any case, written- materials intended
to be considered by ,the Board shall be
submitmd to the appropriate. County
staff l!l minimum of seven days prior to
'the' public hearing..: All material_ used
in presentations' before the Board will
become a permanent part of the re.-
cord. -
Any person who decides to appeal a
decision of the Board will need a re~
cord. of the proceedings pertaining
thereto and therefore,. may need to'
ensure that a verbatim record of the
proceedings is made, which record in~
dupes the. testimony and evidence
upon which the appeal i$ based.
If you are. a person with a disability
who needs any accommodation In or-
der to participate in this .proceeding:
you are entitled, at no .cost to you, to
the provision of . certain assistance.
Please contact the - Colller County Fa-
cilities Management Department, 10'
cated at 3301. Tamiaml Trail East.
Building W. Naples, Florida ,34112.
(239) 252.8380. Assisted 'listening de.
vices for the hearing impaired are
available in the County Commlssion~
ers' Office. .
BOARD OF COUNTY COMMissioNERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Anti Jennejohn, Deputy Clerk
(SEAL)
n",c fi 'l. :>OOq Nn 1 R'ROr;q
Agenda Item No. 17 A
December 15, 2009
Page 22 of 23
RESOLUTION NO. 09-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION VAC-PL2009-1023, NATURE
POINTE LOT 8, TO DISCLAIM, RENOUNCE AND VACATE
THE COUNTY'S AND THE PUBLIC'S INTEREST IN A
PORTION OF A 25 FOOT WIDE DRAINAGE EASEMENT
ALONG THE REAR OF LOT 8, NATURE POINTE, AS FILED
IN PLAT BOOK 20, PAGES 20-22 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AND TO ACCEPT A
REPLACEMENT DRAINAGE EASEMENT
WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioners,
Carrie F. Lademan and Raymond F. Lademan have requested the vacation of
the County's interest in that portion of a 25 foot wide drainage along the rear of
Lot 8, Nature Pointe, as filed in Plat Book 20, Pages 20-22 of the Public Records
of Collier County, Florida situated in Section 35, Township 49 South, Range 25
East, that portion of the drainage easement to be vacated being more specifically
depicted and described in Exhibit 'A'; and
WHEREAS, in conjunction with, and as part of Petitioner's request,
Petitioner has offered for dedication a replacement drainage easement area,
attached hereto and depicted in Exhibit "B", in the place of the vacated easement
area; and
WHEREAS, the construction of the alternate replacement easement with
required equivalent water quality treatment area must be accepted by County
staff prior to the recording of this Resolution; and
WHEREAS, the Board has this day held a public hearing to consider
petitioner's request, and notice of said public hearing was given as required by
law; and
WHEREAS, the granting of the Petitioner's request will not adversely
affect the ownership or right of convenient access of the property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in that portion of the platted 25 foot wide drainage easement as specifically
depicted and described in Exhibit 'A' is hereby vacated, extinguished, renounced
and disclaimed, and this action is declared to be in the Public's interest and for
the Public's benefit
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board
is hereby directed to record a certified copy of this Resolution in the Official
Agenda Item No. 17 A
December 15, 2009
Page 23 of 23
Records of Collier County, Florida at that time the requirements of this Resolution
are fulfilled, and to make proper notation of this vacation on the recorded plat as
referenced above.
This Resolution adopted after motion, second and majority vote favoring
same, this day of , 2009.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and legal
s uffici .
By:
DONNA FIALA, CHAIRMAN
right
nt Collier County Attorney