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Backup Documents 12/15/2009 Item #17A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (ij 7 A '1'" 1/1 .o, 0" c ~ To: Clerk to the Board: Please place the following as a: ~ Normal legal Advertisement (Display Adv., location, etc.) o Other: ********************************************************************************************************** Originating Deptl Div: Engineering Services, Community Development & Environmental Services Person: Stephen Higgins Date: Novemher 10,2009 Petition No. (If none, give brief description): V AC-PL2009-l023 ~;tioner: (Name & Address): Carrie E. Lademan and Raymond F. Lademan . -~ 1817 Gordon River Land, Naples, Florida 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Carrie E. Lademan, Woodward, Piers & Lombardo, P.A. 3200 Tamiami Trail, Suite 200, Naples Fl. 34103 Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 20 days before hearing) December 15, 2009 Newspaper(s) to be used: (Complete only if important): ~ Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: Companion petition(s), ifany & proposed hearing date: nla Does Petition Fee include advertising cost? 0 Ves ~ No IfVes, what account should be charged for advertising costs: 131-138327 - 649100 ---1J /iJo f/ aJ. ivision Administr Date List Attachments: el(~utive~l,lIiIilfflary -coPy ReStiltlllOn No. ~.~'~ibits ~ COpy DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONJ.N: ~ 11/1ftl fV1 Date Received:[j-I~ -no, Date of Public hearing: J d--i5 V JJate Advertised: cYI V' Y S.l11 lb/~ott 17A ~~" RESOLUTION NO. 09-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. RELATING TO PETITION VAC.PL2009-1023, NATURE POINT 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 POINT, AS FILED IN PLAT BOOK 20, PAGES 20-22 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 3S, 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 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, 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. 17 A' 1 BE IT FURTHER RESOLVED AND ORDERED that the Clerk to Ihe Board is hereby directed to record a certified copy of this Resolution in the Official 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: COMMISSIONERS ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: By: DONNA FIALA, CHAIRMAN By: Jeff E. Wright Assistant Collier County Attomey ." ~ '-'- -<:Jz:. c oo ~c, '" ~ -I- -'- oo - _ (t. () Ol ~~ =l (ij. - () -" ""lJ ~ r - ~ ("> z Ol c -\ ~ ..., '" r:::, ""lJ .. ~. 0 S. ~ "" c> r ;;:;p- ~ :5""~ 0 - 0 ;::> l"" ::;: l.n :J <::) '" ~ ("\ ~ oo Z ~ ::J Q.. R-f'; Q<;::L ~ . ~ () '" H - ;:t. ~; ~ O~ '"" 2: Z3~ <:::> ~ ~' "OJ ;:}- c :s )(\ gg~~ .:t:. C> f!lrri~c;> ~ ",";U""lJ t;:;~mr- C> -.... ... .:l 0"'""lJ0 "'.....00 o '" ~. ",-, 2.... -io m... r-w 0 -i '" ~ ~ ~ ~ 0 co ex> .... 0> U1 .... W '" ~ w '" ~ <:> IE ::J CD iil > z z G) Ig' () Z :;f OJ OJ -i ^ s: () Ol Ol i3l o := g Ol ~ ~ 6' c C'l 0 C C ~ ~. 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'" \n'" - I !Jl-f\,jr-.J:--SI~ '< '" '" _!Ji I ' . C)' I\J" C) I ~ ~ 1\:101 d t I ... I c:i I '" r>1 "''j! ~~ ~~~ ~8 o 0 ~a! ~~ o co", ~2m Co o "''' Vlg~ ;oZ ~1J)3 ~" 'j!~~ filS jjj"-l,e ~CD 8~~ 08 C----'(I) ""'J'l;; ~~!~~ ill!E .;! '" " g~ "C ~-4 gr z~ ~~ ~z' ~ l"1O'TIC I ~ ~~ o '" Ul " '" 'ii .... o ~ z > '"" ~ S t"' "1 ""oc trl '"" ~ '"t:l 0> ~ 0- '" _ CJ Z '"" trl rn -< ~I i >> 17 A ~'lf"'~ EXECUTIVE SUMMARY Recommendation to approve Petition VAC-PL-2009-1023, Nature Point 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 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". OBJECTIVE: To adopt a resolution vacating 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" in place of the vacated easement area. CONSIDERATIONS: Petition VAC-PL2009-1023, Nature Point 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 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. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. 17A"H~ HISTORICAUARCHAEOLOGICAL IMPACT: There are no known historical or archaeological impacts. LEGAL CONSIDERATIONS: This item requires that all participants be sworn in and ex parte disclosures be provided by Commission members. This item is legally sufficient for Board consideration and approval. -JW RECOMMENDATIONS: To adopt a resolution vacating 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" in place of the vacated easement area. Authorize the Chairman to execute the Resolution 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 recorded plat as referenced above. PREPARED BY: Stephen A. Higgins P.S.M., Land Surveyor Engineering and Environmental Services Department Exhibit "An Page 1 of 2 II GradyMinor 17 A Civil Engineers · Land Surveyors · Planners · Landscape Architects 1 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 A T 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, FOR A DISTANCE OF 15.00 FEET TO A 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 84.56 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_*~" , ,. /~.- / ... f J . ."._..-=-------. -L--~ RANDALLHENDRA , PSM #6091 STATE OF FLORIDA SHEET 1 OF 2 009-1023 V AC-PL2 OIt.ITE LOT 8 NATURE P DATE: 8119109 DUE: 9/2/09 ~"HIe>\T 'AI f..c;.e. \ "'f 2.. Q. Grady Minor & Associates. P.A. 3800 Via Del ~'ey>jects Survey 2009\NATURE POINTEILEGALSIB-3801.doc Bonita Springs, FL 34134 Ph. 239-947-1144. Fx: 239-947-0375 EB 0005151 . LB 0005151 . LC 26000266 www.gradyminor.com [,j OJ,, ~~ >t'J ~,g. ~ S. 0'" 0'" i ~ OJ '" . ~ ~ g ~ <r OJ t"' ~I<l ~ ~ 0 ~ Ul8 0- ~ ;: 0. ~::c.< 8 ~ ~ ~~ ~ 3 ,":;J rill_':;:" c:l Cb (,.I~ . g~:!; 0 S:""j~ 0 0- en o~ I-j ~ . ~ << 1: S. 0; o o ~ :>- 00 00 o o ;;;. " .00 C1 "" s; == ~~~~ ..... "CI"':l"':::I ~ [~~s 00 ~~~ ~oo~ 3 "" 00 . t"' '"0 00 ?-- 1;;l:I:::l ~fE' "0 "00 115'0 ,,'" ~>- 0'" 00 g", ~~ o or ~\L:ll\:ll'.;l WAWW cc.....(,Qc'o :"'~~Cc '::"~l;O,l:o. 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P'A-<;;e. 2. df 2- ~ ~ .....I:t "";ij - 'l; ...... ~ t:J .... Ir () t:J " 1i 15 ~ iil 'll f;; C;'\PRn.tFr:T.<; 8URVEY 2009 \ NATURE POINTE\DWG\8-3801.DWG ~~ ~~ ~C) I~ . ~ -.J '" q 00 "'?o~ o :z ;0-> 0"'''' :ii'" <:'" ",'" ;o~ ~~ '" '" '" :z -i "tl <:::l C) N 0053'25" E J j ~~_ 1------- o q 86.24' S 0053'25" W 84.56' "'t;- "'!< ~~t-o El~ ~ ~~ Q) ~ -..:0 ~.a q -, - "'t;- ::; !< t-o <:>~C El Fli ""3 ~~"'\l ~"l ~ ----- 1 -----= f c:_ "'0 ~q - - - ...... ...... ...... ...... - - ...... ...... ...... , ......---.. ~ I =- This Instrument Prepared By: Carrie E. Lademan, Esquire Woodward, Pires & Lombardo, PA 3200 Tamiami Trail North, Suite 200 Naples, Florida 34104 17 A '\l~" V AC-PL2009-1 023 NATURE POINTE LOT 8 DATE: 8/19/09 DUE: 9/2109 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 ($10.00) and other valuable consideration paid by Grantee, the receipt of which is hereby acknowledged by Grantor, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns, a perpetual, non-exclusive drainage easement in, on, over and under the following described lands located in Collier County, to wit: See Exhibit "A" attached hereto and incorporated herein by reference. Grantee, Nature Pointe Homeowners Association, Inc., its heirs, successors and/or assigns, shall bear the responsibility for maintaining the easement area, including regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. Grantee, Collier County, shall have no responsibility for maintenance of the easement area. TO HAVE AND TO HOLD, the same unto the Grantee, its successors and/or assigns, together with the right and privilege to enter upon said land to repair and/or otherwise maintain the easement area. Grantor and Grantee are used for singular or plural, as the context allows. be executed the It ess Signature ~ )f L$<;-~ Crr:Jr-d ;'UX<;:e Witness Printed Name ~ ay. ond F. Lademan (J 10/1/ fi./it-- Carrie 8!Lademan STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this )-l{~ day of July, 2009, by Raymond F. Lademan and Carrie E. Lademan, husband and wife, each of whom are personally known to me. ~~ NQ6.A.=58O'I4 m. i-'; M'I=:t.\aId12'.l,~12 , . ---""",,,,,,,-, iii ~~~ Signature of Notary Public Printed or Slamped Name: My Commission Expires: (SEAL) " " e:> Page 1 of3 Exl.\\0IT PAC-€:. \ of"::f 17 A j Nature Pointe Homeowners Association, Inc. B:e~~~ Richard Paganes, P ldent (EL);0 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Instrument was acknowledged before me this 0?8It!. day of July _ , 2009, by Richard Paganes, as President of the Nature Pointe Homeowners Association, Inc., a Florida not for P.!llfit corporation, on be If of the corporation, who is ( ) personally known to me or (Vfwho ProdU0Jd ....~ I~:e id~catiO~ lJtu of Notary Public Qa120LlI\/e ~. VdL.Lgho..n Printed or Stamped Name: My Commission Expires: Oi /2fiJ /2 (SEAL) 0) .tMOUNEE.'MlJIIIWI NoIIoy _ . SlIII 01 F/olkII . .. .., c..... ~II" e........ 28. 28t C_' DO 753071 ....1lllGulIlI- I I E\((..l.IBIT E> Page 2 of3 Pllo~c "Z. <>f 1 Acceptance by Grantee: ATTEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Print Name: Title: Chairman 17 A !'~~ Assistant County Attorney Approved as to form and Legal sufficiency: E.)(~(5lT 'e; Page 3 of 3 f~e 3 "f 1 17 A!~'~ 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 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 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 ~ if. day Of/r:f / , 2009. ~s: . (0c,(f' /j tL ~L S~1: ure tt " "() I ..... / ~ , INJI: U2.... Printed Name - EncoreBank!/ J ~.. By: U Printed Name: ./ 11/'1/. 0""" ;[,. ~ Title: {J....tJlI.L.......r - G?J/. ~ a,. /l.-5"'........lj..-- /I(j v;f d- In - 6A171' v. Sj.l;Jni:lture .,t,t {1 . C::> ,. n-e Cl rl h?.N Printed Name STATEOF -r:~e.~ COUNTYOF ('M/< . I hereby certify that on this day, before me, the undersigned notary public, authorized in the State no;!J(ount stated above to take acknowledgments. personally eared ::Jl e/tJ (name), as u) (title) of En re Bank, on behalf of Encore Bank, who is (check appropriate box) ersonally known to me or who 0 provided a (insert State) driver's license as idenf I ~__~ p. '"J-h CaAAh': Si~ture 9.ft.tary Public r., - nt> M. /JTY{ -P/ Printed or Stamped Name: My Commission Expires: (SEAL) NOTARY PUBUC-STATE OF FLORlDA ,1''''', G' ,.~. ", mette M. Carrier { jCommission #DD598476 '. .' Exp' SEP. "4 2 ""11I,'" rres: . L., I 010 BONDED nmu m.ANTIc BONDING co., INC. E..'l(I.l.(BIT' 5' p.o.:;e .l,. <>f 1- 17A "I~ JOINDER. CONSENT AND SUBORDINATION TO GRANT OF DRAINAGE EASEMENT CitiMortgage, Inc., being the holder of that certain Mortgage recorded in OR Book 3839, Page 2791, Public Records of Coliier 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 I/+h day of ~ep+emhf( ,2009. q'" Si !~LL ~~I:;V0 Printed Name :~ture . ta.J I .p , Printed Name ~\\\I\\\IIIII!II//1. ~~",-\GAG('" I/~ ~O" '/.~ ~~~ ;.z;c% ~!:: 0PQRAT€"' S ::::() cP OJ - ~ SE.~L *~ - "" STATE OF (Y) AP-'fI.-AtJf"> %1 *-# Q ~z~~w~ot~ COUNTY OF Ff2.f.D E ICK 1/1111111111\1\\\\\ I hereby certify that on this day, before me, the undersigned notary public, authorized in the State and county stated above to take acknowledgments, personally ?ppea,r,ed Fhtf, K. rr..il-er (name), as ViLe ffesl {fiT (title) of CitiMortgage, Inc., on behalf of CitiMortage, Inc., who is (check appropriate box) personally known to me or who 0 provided a (insert State)driver's license as identification. D. i)C\v \5 Si IRature of Notary p. Iic /..Jcboro.h A. (rvlYlfY1; tf Printed or Stamped Name: My Commission EXPires:~ 5, 020/;) (SEAL) E\L14l6IT ' 1> ( VAC-PL2009-1023 REV: 2 NATURE POINTE LOT 8 DATE: 10113/09 DUE: 10/27/09 PA<11:. '" "t:- t Exhibit "Au Page 1 of 2 1 7 A . tl II GradyMinor Civil Engineers. Land Surveyors · Planners · Landscape Architects VAC-Pl2009-1023 REV: 2 NATURE POINTE lOT 8 DATE: 10/13/09 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 79036'40" 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 OFFICIAL RECORDS BOOK 121 AT PAGE 165 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 79036'40" EAST, FORA DISTANCE OF 59.14 FEET; THENCE RUN SOUTH 10023'20" WEST, FOR A DISTANCE OF 5.25 FEET; THENCE RUN NORTH 79036'40" WEST, FOR A DISTANCE OF 58.26 FEET TO THE AFOREMENTIONED EAST LINE OF SAID DRAINAGE CANAL EASEMENT; THENCE RUN NORTH 00053'25" EAST ALONG SAID EAST LINE, FOR A DISTANCE OF 5.32 FEET TO THE POINT OF BEGINNING, CONTAINING 308.17 SQUARE FEET, MORE OR LESS. DATE f/i/o, ' 4~ , PSM #6091 STATE OF FLORIDA SHEET I OF 2 E~(..\(elT 'e' P~~E ""'F 1 Q. Grady Min~r~o~~~gUW~foo~\AATURE POINTEILEGALSIB-3802-l.doc 3800 Via Del Rey Bonita Springs. FL 34134 Ph. 239-947-1144. Fx: 239-947-0375 EB 0005151. LB 0005151. LC 26000266 \V\vw.gradyminor.com " " 1jC'> o'S: "'- >t'J :~.. ",=, gg c., ~en ! ~. 0 Q5 n ~ I-j ~ ~ ~ ~~ ~ !5 0 g; l/!8 0.. ~;;o.~~~ 8 ~ go Pl2 ~ a ~ ~ ?~ ~ ~ Cb t.oI~ 1-01- ga:!: t::S o ~ Ol ~ 0 ~~ I-j ~ . c. << :s: ;;- S; '" '" c. ,. '" '" '" " ii> Ii" ?' '"C 0;- =: ~~~~ -- "0 '"':l'" i::l ~ g&i:~ "'<< en ~~'CI ~"'~ ;;- 'ffi . I:"" '" 0> >- tT;l c . c C. 5'l", 2", "0> /Il", ~" ;;> 0., c'" 82: of;' 0", 1Z t>,;lca~1\;l WA.WW c.o_coco :.r:..;,.~~ At>.;l co A A~O....:.J t..:I01;';":'" wcow_ Q:lOlCO.... o..,JOo:lO';" ~ ~ ~~ ~ <0 ~ ~ . $li "i "i~ 8 ~ l;g Q:l S !~ I ~ ~ ~ Q 'ill\) .... ~ ~ <>:; 0 ~~ l>j ~ ~ ~ ~ ~ ~ ~~ L;'.l ~~ ~ <!' ~ ~~ '" ~ l\) Q~ ~ 0 ~~ !ll k t>3~ ~l\l ~ I~~~I~ ~!::J~ '\ <if;;'!! 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(") '" ~~:tJ .. i;i<;:i\i Q> "'<> <> 1~~~~~i~mi~~~li ~ ~~~~~~~~~~~;~~~ ~ ~;!~~~ i~~~~ ~~~ ;n~ ;!~~~ d; ~iil !il:~ ,~; I~~~ :~~~~ ~i~ ~~~~ ~~~~! i~lS Sl~~ ~ i!:~~ "'~~ ~<ld ~ ~ <l~ I~~ ~~~;;! 1il ~~~ ~~~ ~~ '" ~ ~~~ I~~ ~ ~ "'~'l I'i~~~~~~~ ~ 1111111111 111111 ~ ~~~~~iS!~ t::l ~~~~;~"1l~ ~..~ <:::li1~~ ~~B ~~~~ ~~~ ~i;E~ ",,'" ~~~ ~~ ~ ~ '" '" q o ['1 I~ li1e) 31'-3 ~ ~ ""e) . ~ q '" r;~ i::I~ ~~~ [~~~ ~ ~ " '" q 00 "io$? o - "'~~ 0"''' 0-'" 2-"0 ~e;~ i'ii"'~ "'-' ~~ '" 3:: '" ~ ~ e) ~ 1 '" 15 '" 0 ____ - _w__ -----r---- '"01----- s: f;) g~ ~ "'3;: ~ <:1 t-< ~F!lC '" S! '-3 ~ 1\'11:0 "" ~ "'3;: ~ <:1 t-< ~F!lC "';:g ""3 ...~ Cb ~i>l "" [:7, o ['1 ------1 ------ cL CIlo ... ",q ~ ~ ~ ~. ~ ~ ~ ~ ~~ ~ ~ .. ~ i ~ \l ;" ~ :-" ~ ..... :6 ~~~~~~~ S:IPROJFCTS SURVFY ?o09INATURF POINTFIDWGI8-380?-I.DWG , , t:: ll\..{11011 B Pll6ze. '1 OF 1 ~.o ~ -, - "'i>' "'3;: ~ i:! t-< ;J<"'C (;l '" '-3 "'~"'-1 ~i>l "" ~ ~ ~ ..-----" ~ I ~ 17A 1~ This Instrument Prepared By: Carrie E. Lademan, Esquire Woodward, Pires & Lombardo, PA 3200 Tamiami 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 17A " ~ IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first written above. 6:tLt~ l~~ Itness Signature \~ ad ~\.oJ'l..-' ~ Wi ness ~ignature Ie So (Y-c:!u..JfJf;cl:Je Witness Printed Name Carrie E. 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. ~(\.\>, Signature of Notary Public Printed or Stamped Name: My Commission . ....."rut.. NOaA. HOU.JSJER /'~:.~\ MYCOMMlSSlONt00758024 (SEAL) ~. 1'!' EXPIRES: MaJ<h 23,l!O12 ~il'f... BoododThnf_"""'- Page 2 of 3 17A COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS Witness Signature Witness Printed Name By: As: Witness Signature Witness Signature STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 2009, by . as the Collier County Government Board of County Commissioners, who ( me or ( ) has provided a driver's license as identification. day of July, .on behalf of ) is personally known to Signature of Notary Public Printed or Stamped Name: My Commission Expires: (SEAL) Page 3 of 3 II GradyMinor 1 7 A Civil Engineers · Land Surveyors · Planners · Landscape Architects , ~ 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, FOR A DISTANCE OF 15.00 FEET TO A 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, FORA 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, FORA DISTANCE OF 84.56 FEET TO A POINT ON THE AFOREMENTIONED SOUTH LINE OF SAID LOT 8; THENCE RUN ALONG SAID SOUTH LINE NORTH 89006'35" WEST, FORA DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 854 SQUARE FEET OR 0.02 ACRE, MORE OR LESS. DATE----*Z./~ ~ .,..J /' -L"-:- ,::-~~~- RANDALLHENDRA , PSM #6091 STATE OF FLORIDA SHEET 1 OF 2 VAC-PL2009-1023 NATURE POINTE LOT 8 DATE: 8/19/09 DUE: 9/2/09 Q_ Grady Minor & Associates, PA 3800 Via Del ~'eY'jects Survey2009\NATURE POINTE\LEGALSIB-380I.doc Bonita Springs, FL 34134 Ph. 239-947-1144. Fx: 239-947-0375 EB 0005151 . LB 0005151 . LC 26000266 www.gradyminor.com ~ " i'j("') ~~ >t<l ~a;. ~ S" "" "" ~ ~ dl . . CJ ~ n III .....,; ~ 6 0 . ~ ~ q t"'"~", ~ ;s:. OJ 1II,-.., S' 0 :::l !S8 .,......... :; ;: o.al;:~ g ~go~c ~ 3 ~ ~ ?: ~ I;l:I CD "'~ """",". oc.c:::... 1-01' o 0 ~ io-' g "":S ~ 0 0- en . ~ ~ S; ~ . ~ '< ;: 5' o ~ ~ ~ ~ > ~ ~ o ~ . =' " '" "" s; a ~~~g' ...... 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" ~ R\ 0 ,,~ '""3 'i' '" 1:0 & ~ ~ ~ tJ) III !1T ii1 "-l.:-:I ~ ~ ~ ~ ~()... ~~~ '" ~ r ~ ~ Q _ I (;) ...., ,;; ~ ~ ~ iil S! f;; S:\PROJECTS SURVEY 2009 \ NATURE POINTE\DWG\8-3801.DWG ~~ ~~ ~C"') \:!'"'3 '" ~r) . ~ C"') "'t;- "'Si: ~ <'! t-< ;J;!~O C! <g '"'3 ~~c:o ~ '" ClClZ< C:)>)>)> m-l-l() .. me I .. ::0 'tI !!?oomr "'- '" _...l.-oO g~og 0_. <<>z~ -10 m'" '" r o -I 00 ",,- ",.0 q _I - ~ ~ ......----.. ~ ..., '" q 00 G'>i<>~ o - "'~~ O"-'G'> O-r<1 Z-o "'i!;~ <r<1~ ~--"r 8\~ ~Vl r<1 ;:: r<1 Z -i "'t;- "'Si: ~ <'! t-< !!5"'O ",~'":3 ~~"'2 & ~ ~ ~ -..... -..... -..... " -..... -..... " , ~ I =- 17A Ann P. Jennejohn From: Sent: To: Subject: H igginsStephen [Stephen Higgins@colliergov.net] Thursday, November 19, 20094:16 PM Ann P. Jennejohn RE: VAC-PL2009-1023 Nature Point Lot 8 Hi Ann, You are correct on both questions. 1) Just the ones with the asterisk. 2) Point should be "Pointe" Thanks for your attention. Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 Stephen H iqq in s@collierqov.net From: Ann P. Jennejohn [mailto:AnnJennejohn@colliercierk.com] Sent: Thursday, November 19, 20094:12 PM To: HigginsStephen Subject: VAC-PL2009-1023 Nature Point Lot 8 Hi Stephen. I'm getting your vacation easement ad ready to send to the paper, etc... and I had 2 questions for you. 1. On the page that lists the property owners; at the bottom there's a note that reads: these tracts have been dedicated to the Nature Pointe HOA and they have provided a letter of no objection. Is that just the owners with 0 little asterisk .... by their name? #12 & #13 on the list? Just double checking,..... & 2. It looks like Nature Point has been spelled with an e on the end-----Nature Pointe. in the past. Would you like me to change the spelling in the Resolution before I send it to the paper? Does it matter? Thank you @ Ann Jennejohn, Deputy Clerk 1 17A .., ACCT. #068783 November 23,2009 Attn: Legals Naples Daily News 1100 Immokalee Road Naples, Florida 34110 Re: V AC-PL2009-1023: Nature Pointe Lot 8 Vacating a Portion of a Drainage Easement Dear Legals: Please advertise the above referenced notice Sunday, November 29, 2009 and again on the following Sunday, December 6, 2009. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500068783 17A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 15. 2009 in the Boardroom, 3rd Floor, Administration Building, Collier ~ty Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed Resolution is as follows: 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. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, 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 submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a 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 3301 Tamiami Trail East, Building W, Naples, Florida 1 7 A '! 1 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 17A Ann P. Jennejohn To: Subject: Attachments: legals@naplesnews.com VAC-PL2009-1023 Nature Pointe Lot 8 V AC-PL2009-1023.doc; V AC-PL2009-1023.doc Please advertise the attached on Sunday, November 29 and aaain on the following Sunday, December 6, 2009. Thank you, Ann Jennejohn, Deputy Clerk Clerk to the BCC/V AB Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (fax) 1 17A Ann P. Jennejohn From: Sent: To: Subject: Attachments: Ann P. Jennejohn Monday, November 23,20093:15 PM Naples Daily News Legals VAC-PL2009-1023 Nature Pointe Lot 8 V AC-PL2009-1 023.doc; V AC-PL2009-1023.doc Please advertise the attached an Sunday, November 29 and aoain an the following Sunday, December 6, 2009. Thank you, Ann J ennejohn, Deputy Clerk Clerk to the BCCIVAB Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (fax) 1 Ann P. Jennejohn From: Sent: To: Subject: Attachments: Importance: Heredia, Blanca [BEHeredia@Naplesnews.com] Monday, November 23, 2009 3:54 PM Ann P. Jennejohn Ad Confirmation UAS20D7.jpg High Notice will print on 11/29 & 12/6. Please review and reply with ok to print. Thank you, Blanca Heredia 239-263-4718 Thank you for Date Publication Account Number Ad Number Total Ad Cost placing your ad. 11/23/89 NON 744186 182B859 $382.91 1 1. 7 AI NOTICE OF PUBLIC HEARING Notice Is hereby given that the Board of County Commlss1onl'''i of Collier County will hold a public hearing on Tuesday, December 15. 2009 In the Boardroom, 3rd Floor, AdminIstration Building, Collier County Government Center, 3301 East Tamlami Trail, Napll's' Flori- da, The meeting wlll begin at 9,00 A.M. The title of thl' proposed Res- olution 1sas follows: A RESOLUTION OF THE BOARO OF COUNTY COMMISSIONERS OF COL- LIER COUNTY, FLORIDA. RELATING TO PETITION V AC-Pl2009.1023, NA- TURE POINTE lOT 8. TO OISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S IN- TEREST IN A PORTION OF A 25 FOOT WIDEDRAINAGE EASEMENT ALONG TflE REAR OF LOT 8, NA- TURE POINU, AS FILED IN PLAT BOOK 20, PAGES 20'22 OF THE PUB- LIC RECORDS OF COlliER COUNTY, FLORIDA, SITUATED IN SECTION 35. TOWNSHIP 49 SOUTH, RANG.E ,2S EAST. COlLIER COUNTY, FLORIDA, AN D TO ACCEPT A REPLACEMENT DRAINAGE EASEMENT. NOTE: All Persons wishing to speak onB;ny agenda item must register with the County Adminis- trator prior to presentattonafthe agenda item to beaddressl'd. Individual speakers will be limited to 3 minutes on any item., The,se. lection of an Individual to speak on behalf of an organization or group isencoLlrage.d. I-(re-cog.. nized by the Chair. a spokesper. son for a group or organizati()n may be allotted 10 minutes to speak on an item. Persons wiShing tohavewrit~n or graphic materials included in the Board agenda packets must submit said material a minimum of3 weeks~rior to the respective publlc heaTIng. In any-case. writ.. ten materials intended to be con.. .Idered by the Board shall be sub- mitted to the appropriate County staff a rninimLlm of seven days prr- Or to the public hearing. All ma- terial used in pres.entations before the Board will become a perma.. n~nt part of the record. Any person WllO decides to appeal a decision of the 'Board will need a record orthe procee:dingspertain~ ing thereto and therefore., may need to ensure that a verbatim reo cord of the proceedings is made, whict1 record includes thetestimo.. ny and evidence upon which the appeal is based. IfyoLl are a person with ,a disabili- tywl10 needs any accommodation in order to padfcipateinthls pro- ceeding; you are entitled. at no cost to you. to the provrsion of certain assistance. Please contact the ,Collier County Facilities, Man- agement Department, located at 3301 Tamiami Trail East. Buildfng W. Naples. Florida 3411,2. (239)252- 8380. Assisted iistening devices for the, hearing impaired are avail- able in the-County Commissioners. Office. BOARD OF COUNTY COMMISSION- ERS COLLIER COUNTY, FLORIDA DONNA FIALA. CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jenne-jolln, Deputy Clerk (SEAL) Nov. 29. Oec 6,2009 No.18280S9 II A .. - . Ann P. Jennejohn 17 A 'I From: Sent: To: Cc: Subject: Ann P. Jennejohn Wednesday, November 25, 2009 9:57 AM Naples Daily News Legals 'Heredia, Blanca' Ad Number 1828059 Nature Pointe Lot8 I'm going send you a new request for the Nature pointe Ad (Number 1828059) Please "kill" the ad request I sent to legal's on Monday, November 23, 2009 for the ad that was supposed to be published on November 29 and December 6, 2009. Notice will print on 11/29 & 12/6. Please review and reply with ok to print. Thank you, Blanca Heredia 239-263-4710 Thank you for Date Publication Account Number Ad Number Total Ad Cost placing your ad. 11/23/09 NDN 744106 1828059 $382.91 -----Original Message----- From: Heredia, Blanca [mailto:BEHeredia@Naplesnews.com] Sent: Monday, November 23, 2009 3:54 PM To: Ann P. Jennejohn Subject: Ad Confirmation Importance: High Ann J ennejohn, Deputy Clerk Clerk to the BCC/VAB Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (fax) 1 17A ACCT. #068783 November 25,2009 Attn: Legals Naples Daily News 1100 lmmokalee Road Naples, Florida 34110 Re: V AC-PL2009-1023: Nature Pointe Lot 8 Vacating a Portion of a Drainage Easement Dear Legals: Please advertise the above referenced notice Sunday, December 6, 2009 and again on the following Sunday, December 13, 2009. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500068783 17A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier 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 Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed Resolution is as follows: 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. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, 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 submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a 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 3301 Tamiami Trail East, Building W, Naples, Florida 17A 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 17A Ann P. Jennejohn From: Sent: To: Subject: Heredia, Blanca [BEHeredia@Naplesnews.com] Wednesday, November 25,200910:25 AM Ann P. Jennejohn RE: VAC-PL2009-1023 Nature Pointe Lot 8 Will do! Thank you, Blanca Blanca E. Heredia Inside Sales Consultant Naples Daily News llOO Immokalee Road Naples, FL 34110 Tel: 239.263.4710 beheredia@nanlesnews.com From: Ann P. Jennejohn [mailto:AnnJennejohn@colliercierk.com] Sent: Wednesday, November 25, 2009 10:22 AM To: Legals - NDN Cc: Heredia, Blanca Subject: VAC-PL2009-1023 Nature Pointe Lot 8 Please advertise the attached natice on Sunday, December 6 and aaain on the following Sunday, December 13, 2009. Thank you. Ann J ennejohn, Deputy Clerk Clerk to the BCCIVAS Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (fax) Under Florida Law, e,mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 17A Ann P. Jennejohn From: Sent: To: Subject: Heredia, Blanca [BEHeredia@Naplesnews.com] Wednesday, November 25,200910:38 AM Ann P. Jennejohn RE: VAC-PL2009-1023 Nature Pointe Lot 8 Ok Blanca E. Heredia Inside Sales Consultant Naples Daily News 1100 Immokalee Road Naples, FL 34110 Tel: 239.263,4710 beheredia@naplesnews.com From: Ann P. Jennejohn [mailto:AnnJennejohn@colliercierk.com] Posted At: Wednesday, November 25, 2009 10:22 AM Posted To: Legals - NDN Conversation: VAC-PL2009-1023 Nature Pointe Lot 8 Subject: VAC-PL2009-1023 Nature Pointe Lot 8 Please advertise the attached notice on Sunday, December 6 and aaain on the followin9 Sunday, December 13, 2009. Thank you. Ann J ennejohn, Deputy Clerk Clerk to the BCC/VAB Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (fax) Under Florida Law, e-mail addressesarepublicrecords.lfyoudonatwantyoure.mail address released in response to a public records request, do not send electronic moil to this entity. Instead, contoct this office by telephone or in writing. 1 November 23,2009 '}~}L-:pr(!~llier CLERK OF THE C1RCtJIT COURT COLLIER COUNTY ,touRtrrouSE 3301 TAMIAMI ~IL EA,ST PO. BOX 41,3044 , NAPLES, FLOR1DA.3~101-3q44 J}.r .;~," 17A ~ t, ,.~ Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Carrie E. Lademan Woodward, Pires & Lombardo P.A. 3200 Tamiami Trail N. Suite 200 Naples, FL 34103 Re: Petition V AC-PL2009-1023, Nature Pointe, Lot #8 Vacating a Portion of a Drainage Easement Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 15,2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 29, 2009 and again on the following Sunday, December 6, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK O-.uu~/O(. Ann Jenn~,\J Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts ~~y,pf€Qllier CLERK OF THE C-IRCtJIT COURT COLLIER COUNTY COURtBOUSE I , 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA~4101-3~44 Jk. ' ,c"l!; 1\ 17A Clerk of Courts Accountant Auditor Custodian of County Funds November 30, 2009 Re: Petition V AC-PL2009-1023, Nature Pointe, Lot #8 Vacating a Portion of a Drainage Easement Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 15, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, December 6, 2009 and again on the following Sunday, December 13, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ().uu ~~0 C Ann Jennejo~ - U Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.colIierclerk.com Fax (239) 252-2755 Email: colIierclerk@colIierclerk.com Removable 10 labels Use Avery@TEMPLATE 5160@ - www.avery.com17 A 1.s00,GO,AVERY - Stephen R. Couture 1565 Dolphin Lane Naples, FL 34102 Edward & Nancy McSorley 152 Long Lots Road New Canaan, CT 06840 Alvin S. Tibbetts, Trust 1869 Gordon River Lane Naples, FL 34104 Trevor & Pamela Bright 1765 Gordon River Lane Naples, FL 34104 John P. White 1713 Gordon River Lane Naples, FL 34104 Nature Pointe of Naples, Inc. 1521 Gordon River Lane Naples, FL 34104 Bruce Gifford 1791 Gordon River Lane Naples, FL 34104 w109179 @A1I3^" ~ ^1I3^,f-09-008-~ tuO:>"^J9^I?'MMM - - ~ AVERY@ 6460™ Michael Kusinsky 1895 Gordon River Lane Naples, FL 34104 David & Sherri Bratt 1739 Gordon River Lane Naples, FL 34104 Earl G. Hodges, Trust 2140 Coach House Lane Naples, FL 34105 @09~5 3l'lfldW31 ~a^'rI asn '>';:lOP' nl ~lnp^nIJJ~\.I Ann P. Jennejohn 17A From: Sent: To: Subject: Naples Daily News [naplesnews@clicknbuy.com] Sunday, December 06,2009 12:11 AM Ann P. Jennejohn Thank you for placing your classified advertisement. Ad # 1828059 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 15,2009 in the Boardroom, 3rd Floor, Administration Building, Collier County Govemment Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION V AC- 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. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, 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 submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a 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 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252- 8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dec 6, 13,2009 No. 1828059 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video/audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: 1 67 LINE 12/14/09 --------------------------------~---~--J7)-----+------------------------ Signature of Affiant ~~ Sworn to and Subscribed before me this d-\S\ day of December 200q Personally known by me ~ f. Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News --------------------------------------------------+---- BCC/ENGINEERING-ENVIRONMENTAL CLERK OF CIRCUIT CRT POBOX 413044 NAPLES FL 34101 REFERENCE: 068783 59598471 4500068783 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Chris Doyle, who on oath says that he serves as the President and publisher of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 12/06 12/06 12/13 12/13 AD SPACE: FILED ON: '17A pWtGHT E..-ocK.~ ~nJ~~~rk. ,.' o.,-Ifli n :znog _ ':~, 'iIID 1~ ,.11'11" .....t-:.t-tly Pu:';';.., KAROL E KANGAS {.~~~ Notary PUblic: Slate of Florida ~",.worl My Comm. Expires Ju129. 2013 ;';~{,~O)'f\o..'t:...." Commission # DO 912237 'I,"",' 17A 1 Ann P. Jennejohn From: Sent: To: Subject: H igginsStephen [Stephen Higgins@colliergov.net] Thursday, December 17, 2009 2:48 PM Ann P. Jennejohn RE: Item #17A Nature Pointe Lot 8 Hi Ann; I glad you contacted me. The agreement will be recorded but it and all the other documents cannot be recorded until the construction of the water quality basin is installed and approved by staff. We did this on a similar one about 6 or 8 months ago. Theresa held the resolution until county staff approved the construction and then recorded the documents. If you have any questions, you can give me a call. Thanks Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252,6885 Fax: 239-252-6476 Stephen Hiooinslalcollieroov .net From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com] Sent: Thursday, December 17, 2009 2:45 PM To: HigginsStephen Subject: Item # 17 A Nature Pointe Lot 8 Hi Stephen, I have a quick question for you. I'm finishing up processing the Nature Pointe VAC Resolution from Tuesday's BCC Meeting and will be taking it over to have it recorded. I'm recording the Resolution and Exhibits A & B that accompany it, but I wasn't sure if you wanted the "easement vacation agreement" recorded also? (copy attached) Normally agreements aren't recorded; but because the agreement is right behind the Resolution I thought I'd better ask. Better safe than sorry......my motto. After it comes back from being recorded I will be sure to send you and also Ms. Lademan copies. If you could let me know as soon as it's convenient for you that would be great. 1 17A Ann P. Jennejohn From: Sent: To: Subject: HigginsStephen [Stephen Higgins@colliergov.net] Thursday, December 17, 2009 3:02 PM Ann P. Jennejohn RE: Item #17A Nature Pointe Lot 8 I will let you know when staff has approved the construction and then you can record. I will also notify Carrie that we are holding the documents until construction is approved although I believe she is aware. If she wants a copy, I can send he one. Thanks Again. Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 Steohen H iqq in s@collierqov.net From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com] Sent: Thursday, December 17, 2009 2:59 PM To: HigginsStephen Subject: RE: Item #17A Nature Pointe Lot 8 Sounds 900d to me. Will you let me know when I can 90 ahead and record the documents, or is there someone else I should contact? Also, will Carrie Lademan want a copy of this before staff approves construction and it goes to recording? I just wouldn't want her wondering why she never received a copy of the adopted Resolution. Ann From: HigginsStephen [mailto:StephenHiggins@colliergov.net] Sent: Thursday, December 17, 2009 2:48 PM To: Ann P. Jennejohn SUbject: RE: Item #17A Nature Pointe Lot 8 Hi Ann; I glad you contacted me. The agreement will be recorded but it and all the other documents cannot be recorded until the construction of the water quality basin is installed and approved by staff. We did this on a similar one about 6 or 8 months ago. Theresa held the resolution until county staff approved the construction and then recorded the documents. 1 17A 1 .~~ If you have any questions, you can give me a call. Thanks Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 Stephen Hiqqins@collierqov.net From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierderk.com] Sent: Thursday, December 17, 2009 2:45 PM To: Higgins5tephen Subject: Item # 17 A Nature Pointe Lot 8 Hi Stephen, I have a quick question for you. I'm finishing up processing the Nature Pointe VAC Resolution from Tuesday's BCC Meeting and will be taking it over to have it recorded. I'm recording the Resolution and Exhibits A & B that accompany it, but I wasn't sure if you wanted the "easement vacation agreement" recorded also? (copy attached) Normally agreements aren't recorded; but because the agreement is right behind the Resolution I thought I'd better ask. Better safe than sorry......my motto. After it comes back from being recorded I will be sure to send you and also Ms. Lademan copies. If you could let me know as soon as it's convenient for you that would be great. Thank you for your help. Ann Jennejohn, Deputy Clerk Clerk to the BCCN A B Collier County Minutes & Records Dept. 239-252-B406 239-252-B40B (fax) Please visit us on the web at www.collierclerk.com 2 Ann P. Jennejohn 17A .~ From: Sent: To: Cc: Subject: Hi9ginsStephen [Stephen Hi9gins@coiliergov.net] Thursday, December 17, 2009 3:12 PM Carrie Lademan Wiley, Robert; Ann P. Jennejohn VAC-PL2009-1023 - Nature Pointe Lot 8 Hi Carrie; As you are likely aware, your petition referenced above was approved by the Board of County Commissioners at their regular meeting on Tuesday December 15. Once the construction of the replacement stormwater treatment system is complete, please notify myself or Robert Wiley to arrange for staff inspection. When the construction is approved we will direct the County Clerk's office to record the Resolution with exhibits and the agreement. Robert's number is 252-5858. If you have any question, please feel free to contact me. Thanks You Stephen A. Higgins III, P.S.M. Collier County Surveyor Collier County Engineering Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Phone: 239-252-6885 Fax: 239-252-6476 Stephen H iqqins@.collierqov.net 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTIN~I~' AS*\ID- TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO t\ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT Print on pink puper. Attach to original document. Original documents should be h,md delivered to the Board Oftice. The completed rouling slip and original documents are to be forwarded to the Board Office only after the BOllrd has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the excention afthe Chainnan's simature, draw a line throue:h routing: lines # I throul!h #4, comDlete the checklist, and forward to Sue Filson line#Sl. Route to Addressee(s) Office Initials Date (List in routine: order) l. Judy Puig CDES Administration ~ 1:2-1/(1)01 2. vv 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County A,^- n[1l Commissioners oj 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BeC Chairman'5 signature are to be delivered to the BeC office only after the f3CC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 1. 1.'5 ~DO 31 ' ~..\ ~CA f"1 l'I-~ {U.,."..,..r INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages ITom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception). the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time ITame or the BCC's actions are nullified. Be aware of our deadlines' The document was approved by the BCC on b (enter date) and all changes made during the meeting have been incorporated i the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 5TEIJ€- 'bta/YI ~ ;bt;,lt>.i l Phone Number 25,,-~8'8S- I :5 Agenda Item Number Number of Original Documents Attached 5. Yes (Initial) ~~ t->/A ~ W 2. 3. 4. 6. I: Forms/ County Forms! BCe Forms/ Original Documents Routing Slip WWS OriginaI9.03.04, Revised 1.26.05. Revised 2.24.05 171 MEMORANDUM Date: May 24,2010 To: Stephen Higgins, Collier County Surveyor Engineering & Environmental Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Recorded Resolution 2009-300 V AC-PL-2009-1023: Nature Pointe Lot 8 Attached for your records, is a copy of the resolution referenced above (Item #17 A) adopted by the Board of County Commissioners December 15, 2009. The Minutes and Records Department will hold the original resolution in the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 17A RESOLUTION NO. 09- 300 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 i ;uoo;uz mO::EmU) Or-O-l "'C Gl 0;0 c.omIAJ.,f:::. O1;o-lO-f::>. Oommw 00 00 COJU1~ z:.::o::;;m --<0"'0 -<ot0A) o^~.f;> r 0'" ~ Q:lffi ^ ~""U o ~Gl " S:W :r! -o~ m ~~ o Gl _ m ;0 U) o ~ c --< o o c ;0 --< I 7 A '" ~" 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 ado~d after motion, second and majority vote favoring same, this }6~1\ day of CLJY1~t" , 2009. DATE:\~I'l-QOO'1 ATTEST: ~~~;[fi~( . ,tunature 011. ~ Approved as to form and legal sufficM: ' By: (n Je E. right Ass nt Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1 ,!f~~ By: DONNA FIALA, CHAIRMAN / - ~~ Exhibit nAil Page 1 of 2 II GradyMinor Civil Engineers" Land SUI'veyors " Planners" Landscape Architects 17 A t"IY'1 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, FOR A DISTANCE OF 15.00 FEET TO A 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, FORA 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 84.56 FEET TO A POINT ON THE AFOREMENTIONED SOUTH LINE OF SAID LOT 8; THENCE RUN ALONG SAID SOUTH LINE NORTH 89006'35" WEST, FORA DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 854 SQUARE FEET OR 0.02 ACRE, MORE OR LESS. DATE_*~i- .," ,/ - L ~,. ~~~--._---- RANDALL HENDRA , PSM #6091 STATE OF FLORIDA SHEET 1 OF 2 2009-1023 V AC-PL NiE LOi 8 NAiURE POI OAiE: 8119/09 oUE: 912/09 t:::J'\HII?\T 'AI f'..<:;.t. \ Of 2.. <). Grady Minor & ;\s~ociatc~. I'A 3800 Via Del ik'/l~ojects Survey 2009\NATURE POINTE\LEGALS\B-380l.doc Bonlta Springs. VI, :1.11 :1.J Ph. 239-9.J7- i I.J.J . F\: 2:11J-9.J7-0:m; Ell 0003131 . LIl 0003131 . LC 2G0002GO w\Vw. gradYIll i III II'. ('0 III n n "" C <" "":J:::; ~~ :~.. ~C> ~C> ~~ ~r.n ~ ~ ~ S; ID "'- ~ " 5' ~ Cl q g: I-j ~ g" ~~ ~ ~ ::s ~g 0. ~ c. ~~c.< 9 ~~_fJ:;il~ 3 '-:! ~r .;;;;., :c C'tl ~~ -,-. ga!.; ~ o ~ ri5 ~ 0 ::-1 I-j '" ID "'- ~ $; 5' ~ . . ID ~ "'- >- w w o o ~ o .70 ..", p;- "" ~~~~ ("tl "O""""':::i ""j ffS:~~ 00 ::::-('5 (fJ ::; ..,'0 ...."" .., 5' 'Ii . t"' " co >, "" 5;"- z2!5 ~OJ w"O ~C> ~> ~ ~ coo g", g~ 00 ~ ao t-.;<;CNl'-.J c.;:.o;..ww <:,C.....c.oc.o AAOlCo ANCO.j::o A OJ O-.J NOlA.:""" W co VJ..... cac.nCOA -.:)coo.... ~ ~ C"j ~ ~ >: ~ ~ ~ :..: ~ 'I ~ Ql !:".l ~ ~ ~ ~ <:> ... ~ ~ ~ ~ ~~ ~ ~ : ~ ~~ l;) ~ ~ ~ i ~ ~ ~ I ~ !ll ~ ~ ~ ~ ... t::i ;:2~~ ,..,~~ ~~~ ~~:tI -0 I " , U}G:t ,,"- ",,'" hitj-o tQ ",c:S: 8.. ag<: ~ a :::0 tj;s:: t'"-t ~ " "'!:":l f'1;a-< ". ~a;J: ()~~....... ~ C:J h:: Q c:: :?: ,., :: ~ ""'to :j~", II at:J~ "'",~ "Cj",~ ~S2~ C :g~:::o .. "'s::';i Co l1)-<o q :llo.. ~ Cl ~ Ci '-3 :l:-. CI.l ~ ~ 1 " ;n;;nli;~:li ~h~ ~~I~"''''d~ ~ '" :l!~ 'il~ 1!i/:;:l! Id~ ~I,,;i ~;i ~ij; ~ !l1~1!i"'el 'il~'l; ~"Ol >::1:;8'E" 8-'" ::"-.:i ~s;;:~""<5g E:~~ "ij1l';~ ",,,,. i'lli'l "'~~ -., '" '" /!:"'~ "'~ ;;!!;3;;;'0; '" l!1.. R~!l1 "';li~13:; !;3 'E81i'J; !l: ;;! "'~;o~ ;!! ~~;g " '" h~~ ~ OJ ~Sl ;,,~i@ '"' ~'" ri1 ,,~;>i; ~1:;0i! ~~!;3\!! ~ ;;l~~ 5'!~ ;:;![I(~~ ~ F;;~~ /:;1:J~ ;!1~," 1': ~. ~ !:!l~'il ~~~ ~ Glh i'5;;!~ ~~~ '" i'll~~ "'~~ ~~~ il\;!l ~ ,.. Exhibit "All Page 2 of 2 c r ~ c: z '" "' "'= t-< z Vl Vl ~ '" " '" '" <0 <0 <0 I:>i ci u ci ?G '" '" '" ci ~ ci Z ~ ": ": '" .. "' "' to t-< '" I:>i 0 p '" ~ 0 0 q ..... 0. 0 "' ~ ~ ~ li;~~ill<lll>l~i!l r:-. ~ 1111111111111111 ~ ~~~~~~U ~ ~..~ ~l\1"" ~~~ ~~~ ~~~ d~ ~~ ~ ~ ~ .. ~ ill 11 ~ ~ ~ !11 iiI () !11 g !11 ~ ~ ~ ~ ~ to tl:l :-'5 '" ~ '" '" ~ 0' ['1 r-< GO 3l" ~ SE ..... " "" .' 8lfllO -, ?i '-3 ?~l:O ~ '-=- E. "~IBrr'A.' PAc:;<:. 2. <>P 2..- ~-~ ....I:t" ~ -: ~ '..Qb,...,lIo t:I ~ ~ f5 ~ <it ~ F;; S:\PROJECTS SURVEY 2009\NATURE POINTElDWG\B-3801.DWG ~~ ~~ ~C") 1;:)'-3 '" ~ . ~C") . -.J '" ~ 00 . ;0 c>?J~ o z ~~~ 0-'" z"o :::oi})> <"'~ ~.....r ~'>! ~Ul '" ;:: '" Z -I ~ C") N 0053'25" E Jj ~__ I\) i------- o ~ 86.24' S 0053'25" W 84,56' ~ ~~ ..... """ .' ~flIO '" -" '-3 '" -'"" r-.. ?t;:1 ""'"' .Bl ~.o q ~ ~~t-< """0 ~flI '" <!i '-3 ? ~ 'l .Bl ------1 ----- -- f c:_ "'0 "". ",0. -, ~ ~ ~ ~ ~ ..------.. ~ I = 17A This Instrument Prepared By: Carrie E. Lademan, Esquire Woodward. Pires & Lombardo. PA 3200 Tamiami Trail North, Suite 200 Naples. Florida 34104 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 ($10.00) and other valuable consideration paid by Grantee. the receipt of which is hereby acknowledged by Grantor, hereby conveys, grants. bargains and sells unto Grantee, its successors and assigns, a perpetual. non-exclusive drainage easement in. on, over and under the following described lands located in Collier County. to wit: See Exhibit "A" attached hereto and incorporated herein by reference. Grantee, Nature Pointe Homeowners Association, Inc., its heirs. successors and/or assigns. shall bear the responsibility for maintaining the easement area. including regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. Grantee. Collier County. shall have no responsibility for maintenance of the easement area. TO HAVE AND TO HOLD. the same unto the Grantee, its successors and/or assigns, together with the right and privilege to enter upon said land to repair and/or otherwise maintain the easement area. Grantor and Grantee are used for singular or plural, as the context allows. be executed the \" ay. ond F. Lademan (! 1iz//1' fl/P'c Carrie ~Lademan It ess Signature :6 )' L.$-4, ('J1::)W ,'"i<X-5e Witness Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this )-Lt \'-.- day of July. 2009, by Raymond F. Lademan and Carrie E. Lademan, husband and wife, each of whom are personally known to me. ~.~ =1~=58024 J;, ";&"'\-'; t>K'I EXPIRES: March 23~ ~~$ ......""'"""'p""" '~,Rf.W_ h\~ Signature of Notary Public Printed or Stamped Name: My Commission Expires: (SEAL) Page 1 of3 I' " E)(~\0IT \? PA&E.. \ of 1 17A"H~ Nature Pointe Homeowners Association, Inc. d..: ~ ~ ~ 1) By: ~~ \--;~~~ Richard Pagenes, P ident (EL..uQ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 0?8!:!:!. day of July _ , 2009, by Richard Paganes. as President of the Nature Pointe Homeowners Association. Inc., a Florida not for P.rPfrt corporation, on be If of the corporation, who is ( ) personally known to me or (Vfwho produ~cerld 'ver's license Id nt lcation. a LC~ (CfJ Q.U CL!!J atu of Notary Public CaQoul\fe 'E. VClLLCihC,-<'1 Printed or Stamped Name: ~ My Commission Expires: OJ 12'f'. J j 2. (SEAL) 0\) CII\OI.IIII.\1MJIlIIMI ~_._"'F_ . . ..,C_I....*2.. C_' DD m077 -.........- , I E.II..t4IBIT 'D Page 2 of 3 Pp..-;e. "Z. "'f 1 17A By: ~()'L- Depu Clr~ ~,.... . .'fIll.... ...~ . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~d~ DDNN FIALA CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: By: ~ Page 3 of 3 !::.\<..(..\.l\?)lT 'e; fu;e. 3""F 1 17 A 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 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 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 d if. day Off )./:1./:t / ,2009. ~s: , . 100((, /j iL l ~<. S&t ure H ' . f\ I ..--, t e t \tu..JIl' <.J2-.. Printed Name - /1 //7 Encore Bank I / ! I . . ;1 f,' ',/ By. _ ' Printed Name: ! '11".- .:"~ < ;(A,"o<' j ." Title: f)/ p , " '''',-r /, "__' & ,\.j.0(~ IlL ~1'lA Sjl;Ina., ';:r; ,/ ~ C:>. U~~ (({rO-CJd Printed Name ~6~T~T$~F~(~~ ~~ I hereby certify that on this day, before me. the undersigned notary public. authorized in the State . rn~ount stated above to take acknowledgments, personally ~eared 'II ::Jl . :::.seJ.J (name), as <:51 (title) of En re Bank. on behalf of Encore Bank, who is (check appropriate box) ersonally known to me or who 0 provided a (insert State) driver's license as identifJ ~~.J7r. ~ {AAAI4; -Si~ture 9~tary Public (1, IJt> 1'1. /I7Y, .p A Printed or Stamped Name: My Commission Expires: (SEAL) NOTARYPUBUC-STlifE OF "LORIOA ''ij'' Ginette M. Carrier ~ }Con:mission #DDS98476 "'1,.",.,," ExpIres: SER 24, 2010 BO,\/DED TIiRU Al1ANTIC BONDG\G CO., INC. E."-1J.16iT' 5' P~E 4 <>f 1- 17 A JOINDER, CONSENT AND SUBORDINATION TO GRANT OF DRAINAGE EASEMENT CitiMortgage, Inc.. being the holder of that certain Mortgage recorded in O.R. 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 11+11 day of SeotemO(( .2009. . ''""~: I. ;~V~ Si~ature . . . 'M' Lu,l Printed Name By' Printed Name: Title: V,Ct !YIi I .r :K\)ture . tall-+', Printed Name i). DC\ V l5 ,\\\1\\\ 1111///1111. ~\\0\ GAGE: ~;<< ~\..O ' ~ ~~. O~ 52!::: \?yORAr~. ~ .=U cP d-;J ::: ~ SE.l\l *~ ...- ~ ~ ~~ .1 ~ ~ <<-~~ "0;/11 E:W 'i 0 ,~ ~/1111//1I\I 111\\\ STATE OF (Y) A/!.yUtlv[) COUNTY OF Fi!.EO EQ/0', I hereby certify that on this day, before me. the undersigned notary public. authorized in the State and county stated above to take acknowledgments, personally ?ppea.c,ed PotJ, K. rn.ilfr (name), as ViLe He5, rfd (title) of CitiMortgage. Inc., on behalf of CitiMortage, Inc., who is (check appropriate box) personally known to me or who 0 provided a (insert State)driver"s license as identification. Si IRature of Notary p. Iic /..Jc:boro.h /1 Crumm, tf Printed or Stamped Name: My Commission Expires: i1iQJ 5. dO/.;( (SEAL) f~~161\ ' ~ I V AC-PL2009-1 023 REV: 2 NATURE POINTE LOT 8 DATE: 10/13/09 DUE: 10/27/09 PA&,l':. 6 "rc- 7 Exhibit HAil Page 1 of 2 II GradyMinor Civil Engineers · Land Surveyors · Planners · Landscape Architects 17A VAC-PL2009-1023 REV: 2 NATURE POINTE LOT 8 DATE: 10/13/09 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 79036'40" EAST, FOR A DISTANCE OF 15.21 FEET TO A POINT ON THE EAST LINE OF A 175 FOOT WIDE DRAINAGE CANAL EASEMENT AS RIoCORDED IN OFFICIAL RECORDS BOOK 121 AT PAGE 165 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 79036'40" EAST, FOR A DISTANCE OF 59.14 FEET; THENCE RUN SOUTH 10023'20" WEST, FOR A DISTANCE OF 5.25 FEET; THENCE RUN NORTH 79036'40" WEST, FOR A DISTANCE OF 58.26 FEET TO THE AFOREMENTIONED EAST LINE OF SAID DRAINAGE CANAL EASEMENT; THENCE RUN NORTH 00053'25" EAST ALONG SAID EAST LINE, FOR A DISTANCE OF 5.32 FEET TO THE POINT OF BEGINNING, CONTAINING 308.17 SQUARE FEET, MORE OR LESS. DATE~i- .4?-- kf~-~~~--" RANDALL HENDRA , PSM #6091 STATE OF FLORIDA SHEET 1 OF 2 E.",,"~(e,lT '{3' f'~'::;:E '" OF 1 (). Grady ~lin%r#roj~&~\l~We\,e2'o~\NATURE POINTEILEGALSIB-3802-1doc 3800 Via Del Rey - 130nila SpringR. FL 34134 Ph 2:19-947-1144' Fx: 2:lD-D47-037" EB 000" I" I . I,B 000" I" I . LC 26000266 \\\vw. gl' af!:vlni n (} 1'. ('()Ill n " 'lCl ~~ "'''' ~cS.. ,"0 0" 0" 0.., ~en ~ ~ :E . . '"0 Q;" = ~~~g: -- "C",,""':::l ~ ~s;i~ r:n . ~7B~ ~ ~ - ....u:. ...., o. 'Ii . t""' ." '" ?- ~ 5- "'en 2", ~CJ 00"0 ~ " ;;>- Q.., 0'" gO" ~ _. 8;tt' '" @" !'.JCONN W,J;;o.WW CO""" CC CO A:r:..a.,i;o ....t-JCO.... ....O".lO-...l N61j;..:"" WC:lW..... 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ElI...\..hro,T B ~ ~ ~ _ ::.'l ..... ~ o b ~ lr I'" t:J ~~~~~~f;; S;IPROjfcTS SURVFY ?o09INATURF POINTFlOWGIR-.J80?-1.0WG PMzC- '( Or '1 '" [n t-< -I>. 'tJl----- t-< 8i5 l\:) '-Uq ~.o q -, - "'il" "'5:;: ~",I:--t ;!IFljO ~~ ""3 ~~'\1 ~ - - - - - '-b,. ..-----.. ~ I -~ 17 A This Instrument Prepared By: Carrie E. Lademan. Esquire Woodward, Pires & Lombardo, PA 3200 Tamiami Trail North, Suite 200 Naples, Florida 34104 INSTR 4430287 OR 4566 PG 3272 RECORDED 5/17/2010 8:57 AM PAGES 5 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $44 00 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 17A IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first written above. &ttf:i- l~~ Itness Signature \~oa ~~\I,S~ Witness ~rinted Nam~~ ~ ) Wi ness ~ignature ~ Jj So CYuwbr;cl.9<2- Witness Printed Name v tL//l~ Carrie E. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this )U,.In.. 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 Printed or Stamped Name: My Commission . ............. NOEL A. HClll.ISlER I~'liif, MY COMMlSS1Oll t DO 758024 (SEAL) ~.A~;l EXPIRES: Mardl 23, 2012 "1........... ~ BondedThrUNotarYNlIIc\.lndllWlltfl ''''.Rr.,.' Page 2 of 3 17A ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~~CY. Deputy Ie k ,. '* , atts" U ,1 . l1 \lIIatII'e ""~ I _ 'h~"lA..-' ~~ FIALA, CHAIRMAN . ,-~. Approved as to form and legal sufficiency: By: - Page 3 of 3 II GradyMInor Civil Engineers" Land Surveyors" Planners" Landscape Architects 17A 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, FOR A DISTANCE OF 15.00 FEET TO A 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, FORA 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 84.56 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. .I /.. DA TE_.+fu4-'2i ,.' ;/ -L' , ~C~._-- RANDALL HENDRA , PSM #609 I STATE OF FLORIDA SHEET I OF 2 V AC-PL2009-1 023 NATURE POINTE LOT 8 DATE: 8/19/09 DUE: 9/2/09 Q. Grady ~lInor & Associates. PA ~3800 Via Del ik'E\pjects Smvey 20091NATURE POINTEILEGALSIIl-380Ldoc Bonita Springs. FL 31 I:H Ph. 239-fH7-1144 . F,: 2~J[H147-0375 Ell 0005151 . LIl 0005151 . LC 260002GG \\\v\v.gr;:I(I~'11l inol'. ('om ~ ~("') o ~. ~, - ~t:rj n.. ::1r::n ~ ~ ~ . . ro ~ 0- "" iii" 5 ~~2~ (t) "2. ~ ~:. CiS ~ ~c~ ~ _~en ::; ....,"0 0-7> ..., 5. " "- > ~ o ~ ~ ~ .c:n . r "" co ?- ';::;I:::l 53"'" ~2!3 UiOJ ~"O r::'tl ~> o ~ 00> go- g~ 0> ~ en NCONN WAWW CO-c'o':Q :.:..:.:..~~ ....N(C.4 AC!:lO-l N C,n ~;..... wcow.... c.DQlCO.... -30::0.... ~ ~ is ~ ~ '>: "i ~ :t.: Jl1 ~ 8 ~ ~Cll !:".l ~I ~ ~ ~ ~ C ... ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~ d ~ ~ tJl ~ ~ I\) t.1 <::> ~ ~ I tll ~ ~ ~ ~ ... t::i U)Q:t a ~ 17 A I Q"'- ",'" c M tj lJ tIJ C z [;; ., !:: '" -"c:r;:~", '""3 ""' 0(')<: a t-o ::tJ~~ .. :t.- '" " z V> V> ~ !."f1;a-< ". 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