Resolution 2004-237
3448436 OR: 3614 PG: 3785
RBCORDBD in OFFICIAL mORDS of COLLIBR COUX1Y I FL
07/18/2004 at 11:20PM DWIGHT 8, BROCI, CLERK
R8C m 35,50
coms 4.00
RESOLUTION NO. 2004- 237
Retn:
CLERK TO THB BOARD
INTBRomCB 4TH FLOOR
BXT 7140
178
RESOLUTION FOR PETITION AVPLAT2004-AR5547 TO DISCLAIM,
RENOUNCE AND V ACA TE THE COUNTY'S AND THE PUBLIC'S
INTEREST IN THE 15 FOOT WIDE DRAINAGE EASEMENT LOCATED ON
LOTS 27 AND 28, ACCORDING TO THE PLAT OF "NORTH COLLIER
INDUSTRIAL CENTER," AS RECORDED IN PLAT BOOK 31, PAGES 50
THROUGH 51, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND
TO ACCEPT A 15 FOOT WIDE RELOCATION DRAINAGE EASEMENT ON
A PORTION OF LOTS 28 AND 29 OF SAID "NORTH COLLIER
INDUSTRIAL CENTER." LOCATED IN SECTION 10, TOWNSHIP 48
SOUTH, RANGE 25 EAST.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Blair Foley, P.E., as agent for
the petitioner, Business Lane Development, Inc., does hereby request the vacation of the 15 foot
wide Drainage Easement located along the line common to Lots 27 and 28 according to the plat
of "North Collier Industrial Center" as recorded in Plat Book 31, Pages 50 through 51, Public
Records of Collier County, Florida, and to accept a 15 foot wide relocation Drainage Easement
on a portion of Lots 28 and 29 of said "North Collier Industrial Center"; and
WHEREAS, the Board has this day held a public hearing to consider vacating the 15
foot wide Drainage Easement located along the line common to Lots 27 and 28 according to the
plat of "North Collier Industrial Center" as recorded in Plat Book 31, Pages 50 through 51,
Public Records of Collier County, Florida, and to accept a 15 foot wide relocation Drainage
Easement on a portion of Lots 28 and 29 of said "North Collier Industrial Center", as more fully
described below, and notice of said public hearing to vacate was given as required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right
of convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests
over and across the following 15 foot wide Drainage Easement are hereby vacated, extinguished,
renounced and disclaimed, and this action is declared to be in the Public's interest and for the
Public's benefit:
See Exhibit "A" attached hereto and incorporated herein.
178
OR: 3614 PG: 3786
BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that the 15 foot wide Drainage Easement, more
particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted
as a relocation Drainage Easement for the Drainage Easement vacated herein.
BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record
a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make
proper notation of this vacation on the recorded plat as referenced above.
This Resolution is adopted this
~1..fb
day of
-hi¡¡/
2004,
after motion, second and majority vote favoring same.
DATED: '1-a ~ '04-
ATTEST:
DWIGaT~{:;~~ç:~~. Clerk
;);¿~;?;,"" .:~~:;;}~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: f£~ J~
Donna iala, ChaIrman
Approved as to form and legal
suffici ency:
Jennifer A. Belpe
Assistant County A omey
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Prepared by:
Scott W. Duval, Esq.
Cummings & Lockwood LLC
3001 Tamiami Trail North
Naples, Florida 34103
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
3448437 OR: 3614 PG: 3789
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY FL
07/28/2004 at 12:20PM DWIGHT B. BROCK, CLBRK '
RBC PBB 27.00
DOC-.70 .70
copm 1 iâ
DRAINAGE EASEMENT
THIS EASEMENT, granted this /0 tf:. day of J v~ , 2004, by
BUSINESS LANE DEVELOPMENT, INC., a Florida corporation (as to Parcel 1)
and PHASE ONE, LLC, a Florida limited liability company (as to Parcel 2),
collectively, as Grantors, 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, as Grantee.
WITNESSETH: That the Grantors for and in consideration of the sum of ten
dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of
which is hereby acknowledged, hereby conveys, grants, bargains and sells unto
the Grantee, its successors and assigns, a perpetual, non-exclusive easement
for drainage, together with a license and privilege to enter upon and to install and
maintain any necessary drainage facilities, in, on, over and under the following
described lands being located in Collier County, Florida, to wit:
See Exhibit "A" attached hereto and incorporated by reference herein
TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together
with the right to enter upon said land, excavate, relocate and/or take materials for
the purpose of constructing, operating, relocating and/or maintaining the subject
drainage facilities thereon. Grantors and Grantee are used for singular or plural,
as the context requires.
RECEIVED
Ii mJ ~ 'HJ'iii.
",. 1 ï .t..~ U-,;
OR: 3614 PG: 3790
IN WITNESS WHEREOF, the Grantors have caused these presents to be 17 IS
executed the date and year first above written.
Signed in the presence of:
Business Lane Development, Inc., a
Florida corporation
~-~
Witness #1 (as to both)
Scott W. Duval
Printed Name of Witness
~
By: ~~L'
William E. Chapin, III
Its: President
/1, (
....;)0al'x~, ...
Witness (as to both)
'1
---¡¡:¿ev 1. (701;'56: (,/e5
Printed Mame of Witness
,/ J
ì~['f.Y'
Phase One, LLC, a Florida limited
liability company
By: /ø:~ -
William E. Chapin, '"
Its: Authorized Agent
STATE OF FLORIDA
)
ss
)
COUNTY OF COLLIER
Ii
The foregoing instrument was acknowledged before me this /0 - day of
~ù ~ ,2004 by William E. Chapin, III, as President of Business
Lane Development, Inc., a Florida corporation and as Authorized A~ent of Phase
One, LLC, a Florida limited liability company, who i~sonaTlYknown t~ or
who has produced as identification.
~-~
Notary Public
My commission expires:
~\",~":tr""" SCOTT w. DUVAL
i~ ~;. MY COMMISSION # CC 948277
{;.J EXPIRES: October 23, 2004
~..", Bonded Thru Notary Public Underwriters
Printed Name of Notary Public
---"-"""'-
*** OR: 3614 PG: 3791 ***
EXHIBIT "A"
178
Parcel 1
That portion of the below described Easement Area lying on Lot 28, or the East
twenty-one (21) feet of Lot 29, North Collier Industrial Center, according to the
plat thereof recorded in Plat Book 31, Pages 50 through 51, of the Public
Records of Collier County, Florida.
Parcel 2
That portion of the below described Easement Area lying on the West seventy-
nine (79) feet of Lot 29, North Collier Industrial Center, according to the plat
thereof recorded in Plat Book 31, Pages 50 through 51, of the Public Records of
Collier County, Florida.
Easement Area
A drainage easement fifteen (15) feet wide, being a part of Lots 28 and 29, North
Collier Industrial Center, according to the plat thereof as recorded in Plat Book
31, Pages 50 through 51, inclusive, of the Public Records of Collier County,
Florida, and lying 7.5 feet on each side of the following described centerline:
Commencing at the Northwest corner of Lot 31, said North Collier Industrial
Center, thence run South 89° 53' 28" East with a long the North lines of Lots 31,
30 and 29, said North Collier Industrial Center, a distance of 266.00 feet to the
Point of Beginning of the first portion of the herein described centerline. From
said point of beginning run South 32° 37' 35"East a distance of 49.93 feet to point
"A"; thence run South 0° 6' 32" West a distance of 192.90 feet to a point on the
South line of said North Collier Industrial Center and the end of the first portion of
the herein described centerline. Beginning again at the above-described point
"A", run North 61 ° 09' 46" East for 86.78 feet to a point on the North line of said
Lot 28 in the end of the second portion of the centerline of the herein described
drainage easement, the sides of said 15 foot wide easement will be lengthened
and shortened so as to terminate on the North and South lines of said North
Collier Industrial Center.
.NplLib1:530852.1 06/15/04
'Î
\ /;\
V .! Prepared by:
Scott W. Duval, Esq.
Cummings & Lockwood LLC
3001 Tamiami Trail North
Naples, Florida 34103
Retn:
CLERK TO THB BOARD
INTBROFFICB 4TH FLOOR
EXT 7240
3448438 OR: 3614 PG: 3792
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
07/28/2004 at 12:20PM D~IGHT B. BROCK, CLBRK
RBC FBB 27.00
COPIBS 3.00
178
SUBORDINATION. CONSENT AND JOINDER
THIS SUBORDINATION, CONSENT AND JOINDER given this _ day of June,
2004, by Community Bank of Naples, N.A. (hereinafter referred to as "Secured
Party"), in favor of 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, (hereinafter referred to
as "County"). Secured Party is used as singular or plural, as the context requires.
WIT N E SSE T H:
WHEREAS, Secured Party is the owner and holder of that certain Mortgage
recorded in Official Records Book 3262, commencing at Page 883, and re-
recorded in Official Records Book 3359, commencing at Page 3247, all of the
Public Records of Collier County, Florida. (hereinafter referred to as "Securing
Instrument(s)" encumbering the premises legally described therein, (hereinafter
referred to as the "Encumbered Property"); and
WHEREAS, County has requested and received from the fee simple owner of the
Encumbered Property a non-exclusive Drainage Easements for the installation,
relocation and/or maintenance of drainage facilities over, under and/or across a
portion of the encumbered premises legally described on Exhibit "A", which
premises are hereinafter referred to as the "Easement Property"; and
WHEREAS, County has requested that Secured Party consent to, join in and
subordinate its Securing Instrument(s) to the interest that County has in the
Easement Property to which request Mortgagee has agreed.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged,
the Secured Party does hereby consent to, join in and subordinate the lien of its
security to the grant of that certain easement described herein over, under, and
across the Easement Property and any interest of the County in any utility
facilities located therein, thereon, or affixed thereto. Except as subordinated to
the easement described herein over, under, and across the Easement Property
or any utility facilities located therein or affixed thereto, said security interest shall
remain otherwise in full force and effect.
OR: 3614 PG: 3793
IN WITNESS WHEREOF, the Secured Party has caused these presents to be 1 7 B
executed the date and year first above written.
Signed in the presence of: Community Bank of Naples, N.A.
~o~
itness #1 ~
L, ,VÐ IT /4-., G IV IJ f::.Lµ'¡
Printed Name of Witness
Q~~~w
i~r:sg~c\al,~ì?
Printed Name of Witness
STATE OF FLORIDA )
ss
COUNTY OF COLLIER )
By: #~'l-¡¿Z~k'_-~-"-
Its.' j>' 11 . " ). -:r--.
~ ./'j ,>('). /./(., t-l
I ~. ~
The fore~g instrument was acknowledged before me this J.Sl!!day of
June, 2004 by òl:3€12 T 6tll 01 t)/J-:8 ,as ~t-~ I O~Æ17 of
Community Bank of Naples, N.A., who is p~rsonally known to me or who has
produced - as identification. -
My commission expires:
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L I AJ O¡q A,v,ú ¿, ¡(J¡U EL.f..!/
Printed Name of Notary Public
EXHIBIT "A"
*** OR: 3614 PG: 3794 ***
178
That portion of the below described Easement Area lying on Lot 28, or the East twenty-
one (21) feet of Lot 29, North Collier Industrial Center, according to the plat thereof
recorded in Plat Book 31, Pages 50 through 51, of the Public Records of Collier County,
Florida.
Easement Area
A drainage easement fifteen (15) feet wide, being a part of Lots 28 and 29 , North Collier
Industrial Center, according to the plat thereof as recorded in Plat Book 31, Pages 50
through 51, inclusive, of the Public Records of Collier County, Florida, and lying 7.5 feet
on each side of the following described centerline:
Commencing at the Northwest comer of Lot 31, said North Collier Industrial Center,
thence run South 89° 53' 28" East with a long the North lines of Lots 31, 30 and 29, said
North Collier Industrial Center, a distance of266.00 feet to the Point of Beginning of the
first portion of the herein described centerline. From said point of beginning run South
32° 37' 35"East a distance of 49.93 feet to point "A"; thence run South 0° 6' 32" West a
distance of 192.90 feet to a point on the South line of said North Collier Industrial Center
and the end of the first portion of the herein described centerline. Beginning again at the
above-described point "A", run North 61 ° 09' 46" East for 86.78 feet to a point on the
North line of said Lot 28 in the end of the second portion of the centerline of the herein
described drainage easement, the sides of said 15 foot wide easement will be lengthened
and shortened so as to terminate on the North and South lines of said North Collier
Industrial Center.
.NplLib1:537380.1 6/15/04
Prepared by:
Scott W. Duval, Esq.
Cummings & Lockwood LLC
3001 Tamiami Trail North
Naples, Florida 34103
3448439 OR: 3614 PG: 3795
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
07/28/2004 at 12:20PM DWIGHT B. BROCK, CLBRK
RBC FBB 27.00
COPI! 7 a 00 ~~
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
EXT 7240
~1J
SUBORDINATION. CONSENT AND JOINDER
THIS SUBORDINATION, CONSENT AND JOINDER given this _ day of June,
2004, by Community Bank of Naples, N.A. (hereinafter referred to as "Secured
Party"), in favor of 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, (hereinafter referred to
as "County"). Secured Party is used as singular or plural, as the context requires.
WIT N E SSE T H:
WHEREAS, Secured Party is the owner and holder of that certain Mortgage
recorded in Official Records Book 3262, commencing at Page 895, and re-
recorded in Official Records Book 3359, commencing at Page 3257, all of the
Public Records of Collier County, Florida. (hereinafter referred to as "Securing
Instrument(s)" encumbering the premises legally described therein, (hereinafter
referred to as the "Encumbered Property"); and
WHEREAS, County has requested and received from the fee simple owner of the
Encumbered Property a non-exclusive Drainage Easements for the installation,
relocation and/or maintenance of drainage facilities over, under and/or across a
portion of the encumbered premises legally described on Exhibit "A", which
premises are hereinafter referred to as the "Easement Property"; and
WHEREAS, County has requested that Secured Party consent to, join in and
subordinate its Securing Instrument(s) to the interest that County has in the
Easement Property to which request Mortgagee has agreed.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged,
the Secured Party does hereby consent to, join in and subordinate the lien of its
security to the grant of that certain easement described herein over, under, and
across the Easement Property and any interest of the County in any utility
facilities located therein, thereon, or affixed thereto. Except as subordinated to
the easement described herein over, under, and across the Easement Property
or any utility facilities located therein or affixed thereto, said security interest shall
remain otherwise in full force and effect.
OR: 3614 PG: 3796
178
IN WITNESS WHEREOF, the Secured Party has caused these presents to be
executed the date and year first above written.
Signed in the presence of: Community Bank of Naples, N.A.
~, ~J(f-
L,NDA *- GttJA.jf:LLf
Printed Name of Witness
STATE OF FLORIDA )
ss
COUNTY OF COLLIER )
.1¡/~. __-
By: /:¿'í'~17,~~'
Its:
{11 t:-
" .""'s. e,'-,~
I" (Þ
The for~g instru~t was acknowledged ]:mlora me this 15!!fday 01
June, 2004 by Bel'Ll U I ~f)A--$ , as .J-1<..&s /ÚFAJT of
Community Bank of Naples, N.A., who is personally known to me or who has
produced as identification-:-
My commission expires:
\\ \\ \ \\1" 11111111.
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:: : JULY 19. 2005 : ==
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N tary Public '
L"..JOA A,vA! La IV A.) f: LL'{
Printed Name of Notary Public
EXHIBIT "A"
*** OR: 3614 PG: 3797 ***
178
That portion of the below described Easement Area lying on the West seventy-nine (79)
feet of Lot 29, North Collier Industrial Center, according to the plat thereof recorded in
Plat Book 31, Pages 50 through 51, of the Public Records of Collier County, Florida.
Easement Area
A drainage easement fifteen (15) feet wide, being a part of Lots 28 and 29, North Collier
Industrial Center, according to the plat thereof as recorded in Plat Book 31, Pages 50
through 51, inclusive, of the Public Records of Collier County, Florida, and lying 7.5 feet
on each side of the following described centerline:
Commencing at the Northwest comer of Lot 31, said North Collier Industrial Center,
thence run South 89° 53' 28" East with a long the North lines of Lots 31, 30 and 29, said
North Collier Industrial Center, a distance of266.00 feet to the Point of Beginning of the
first portion of the herein described centerline. From said point of beginning run South
32° 37' 35"East a distance of 49.93 feet to point "A"; thence run South 0° 6' 32" West a
distance of 192.90 feet to a point on the South line of said North Collier Industrial Center
and the end of the first portion of the herein described centerline. Beginning again at the
above-described point "A", run North 61 ° 09' 46" East for 86.78 feet to a point on the
North line of said Lot 28 in the end of the second portion of the centerline of the herein
described drainage easement, the sides of said 15 foot wide easement will be lengthened
and shortened so as to terminate on the North and South lines of said North Collier
Industrial Center.
.NplLib1:537381.1 6/15/04