Resolution 2000-143
RESOLUTION NO. 2000 - ~
1689
CONVEY A FEE SIMPLE LAND TRANSFER TO SOUTH
FLORIDA WATER MANAGEMENT DISTRICT TO
PROVIDE OFF-SITE MITIGATION FOR LIVINGSTON
ROAD IMPROVEMENTS.
WHEREAS, the Board of County Commissioners of Collier County Florida, hereinafter referred to as
the "Board", approved Agenda Item 8(B)1 on November 28, 1995, approving the land purchase for
environmental mitigation for North Naples Roadway MSTU (Livingston Road) Project; and,
WHEREAS, the construction of the Livingston Road project is subject to the regulatory jurisdiction of
the South Florida Water Management District ("District"); and,
WHEREAS, District Permit No. 11-01359-8 ("Permit") authorizes certain activities which affect
surface waters in or of the State of Florida; and,
WHEREAS, the Permit requires the Board to mitigate wetlands under the District's jurisdiction; and,
WHEREAS, the Board is the fee owner of certain lands situated in Collier County, Florida and more
specifically described in Exhibit "A", less the lands specifically described in Exhibit "B"; both attached hereto
and incorporated herein by reference (hereinafter referred to as "Property"); and,
WHEREAS, the District has agreed to accept the fee simple transfer of the Property as part of its
Permit conditions; and,
WHEREAS, the District, as fee owner, shall assume the operation, upkeep or maintenance of the
Property in accordance with the provisions outlined in the Permit; and,
WHEREAS, pursuant to Section 125.35, Florida Statutes, the Board has determined it is in the best
interest of the public to convey the Property to the District.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners agrees to convey the attached Statutory Deed between Collier
County and District.
2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby
authorized to execute the attached Statutory Deed.
This Resolution adopted this ~ day of
majority vote.
~
, 2000 after motion, second and
ATTEST:
DWIGHT E. BROCK, Clerk
,
.~
,. BY~, " ','.~' LlJ.-
!' ",.' , . " ~.\ '. :,' ,puty Clerk
"~~' a.::to,Cbafnnan'S
s fgflatur. onlY;
Approvet\,asto fOrm
and, l~gal&ufficiency:
~./~
Robert Zachary
Assistant County Attorney
BY:
TI
WILbON, MILLER, BARTON & PEEK,
Engineers, Planners. Surveyors, Landscape Architecls & Environmental Consultants
Wilson Professional Center, Suite 200. 3200 Bailey Lane at Airport Road, Naples. Florida 33942 · (941) 649-4{140 Fax (941) 643~5716
EXHIBIT h
Page_ I,,, of "~
Description of Livingston Road Mitigation
being a part of Section 8 and 9, Township 48 South,
Range 27 East lying north of the north right-of-way line of
43rd Avenue, N.W., Collier County Florida and
part of Golden Gate Estates Unit 52, Plat Book 7,
page 92 and Golden Gate Estates Unit 53,
Plat Book 7, page 93, Collier County, Florida
All that part of Section 8 and 9, Township 48 South, Range 27 East, lying north of the north
fight-of-way line of 43rd Avenue, NW, Collier County, Florida and part of Golden Gate Estates
Unit 52, Plat Book 7, page 92 and part of Golden Gate Estates Unit 53, Plat Book 7, page 93,
Public Records of Collier County, Florida being more particularly described as follows:
Beginning at the northwest corner of said Section 8;
thence along the north line of said Section 8 North 86037' 12" East 5213.54 feet to the northwest
corner of said Section 9;
thence leaving the north line of said Section 8 along the north line of said Section 9, North
86034' 18" East 1941.79 feet;
thence leaving said north line of Section 9 along the boundary of those lands as described in O.R.
Book 1709, pages 1378 in the three (3) described courses:
1) South 00°13'57" West 1332.60 feet;
2) South 86o32'49" West 645.43 feet;
3) South 00015'44" West 1673.91 feet to a point on the north right-of-way line of 43rd
Avenue, N.W. of said Golden Gate Estates Unit 53;
thence along said right-of-way line South 89°41'46" West 6492.32 feet to the west line of said
Section 8;
thence along said line North 00007'59" East 2587.44 feet to the Point of Beginning of the parcel
herein described;
Subject to easements and restrictions of record;
Containing 436.69 acres more or less;
Bearings are based on the west line of Section 8 being North 00007'59" East.
WILSON, MILLER, BARTON, and PEEK, INC.
Registered Engineers and Land Surveyors
Not valid unless embossed with the Professionai's seal.
Reft 4GG-240
W.O. 35054
2/28/95- W-08310001 .MRS
-0831 ~00-SLOL
Naples Fort Myers Sarasota
(941 } 649-4040 (941 ) 939-1020 {941 ) 371-3690
Fax (941 ) 643-5716 Fax t941 '~ 939-7479 Fax (941 ~ 377-9852
EXHIBIT A
Page ~, of $,
1689
3NI9 NOIJ~)3$ k/& HLFtO$/HJUON
6 N01J:3'~S 3NI1 JS3~
B NOl103S 3Ni9 l~
O]~VId /,ON
16B9
Preserving and enhancing Florida's quality of life since 1966
HOLE, MONTES & ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
LEGAL DESCRIPTION
EXHIBIT
Page ! of
HMA PROJECT #1985031A1103
10/12/99
REF. DWG. #B-2763
A PARCEL OF LAND LOCATED IN THE NORTH HALF OF SECTION 8, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLDEN GATE ESTATES UNIT 53 AS RECORDED IN PLAT
BOOK 7 AT PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 8, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA; THENCE RUN S.00°07'59"W., ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 8, FOR A DISTANCE OF 2587.44 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY LINE OF 43r'~ AVENUE NORTHWEST, A 60.00 FOOT RIGHT-OF-WAY, AS THE SAME IS
SHOWN ON THE PLAT OF GOLDEN GATE ESTATES UNIT 53 AS RECORDED IN PLAT BOOK 7 AT PAGE 93
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°41'46"E., ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 849.64 FEET TO THE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00°18'14"E. FOR A DISTANCE OF 678.91 FEET;
THENCE RUN N.59°29'06"E. FOR A DISTANCE OF 1530.38 FEET; THENCE RUN S.21°47'38"E. FOR A
DISTANCE OF 1386.55 FEET; THENCE RUN S.88°28'53"E. FOR A DISTANCE OF 272.08 FEET; THENCE RUN
S.00°18'14"VV. FOR A DISTANCE OF 172.50 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
43r'~ AVENUE NORTHWEST; THENCE RUN N.89°41'46"W., ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,
FOR A DISTANCE OF 2107.90 FEET TO THE POINT OF BEGINNING; CONTAINING 43.234 ACRES, MORE OR
LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING S.00°07'59"W.
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
THOMAS'~. GARRIS
P.LS. # 3741
STATE OF FLORIDA
10~-~) ~'~l?~'~/~c']~' ~;~ONITA SPRINGS, FLORIDA 34135 941-992-0Z95 FAX 941-992-2327
EXHIBIT_
Page
1689
S 00~)7'59" W 2587.44
~ST UNE NOR~H~$T QUART[R
~C. 8-4~- 27
NOOqS'14'E
678.91'
I
I
I.~
PROJECT: Livingston Road Mitigation Tract
2639203 OR: 2678 PG: 2193
RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL
05/23/2000 at 02:28PM Df/IGHT E. BROCK, U, ERK
R~ ~B 2~,00
COPIES 5,00
MI$C 1,00
Retn:
REAL PROPBRT¥
HIT 8991
16B 9
STATUTORY DEED
THIS DEED, made this ~ day of {'~~ , 2000, by COLLIER COUNTY, a political
subdivision of the State of Florida, having a mailing aUdress of 3301 East Tamiami Trail, Naples, Florida
34112, hereinafter called the Grantor, to SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public
corporation of the State of Florida, whose principal mailing address is 3301 Gun Club Road, West Palm Beach,
Florida 33416, hereinafter called the Grantee.
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and
the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in
hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the
Grantee, its heirs and assigns forever, the following described land lying and being in Collier County, Florida:
SEE ATTACHED EXHIBIT "A"; LESS THE PROPERTY DESCRIBED
IN ATTACHED EXHIBIT "B";
both of which are incorporated herein by reference
Subject to easements, restrictions, and reservations of record.
IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its
Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year
aforesaid.
ATTEST:
DWIGHT.E, BROCK, Clerk
'~. :.AtteSt as.::~'Chatr~aa s
'i ':.:st~ature!Onl~'i~
Prepared by:
Robert N. Zachary, Esquire
Office of the County Attorney
3301 East Tamlarnl Traa
Naples, Florida 34112
(941) 774-8400
BOARD OF COUN~C)MNIISSIONERS
COLLIER C~, FLORIDA
By: TIM T J. CON,.~ANTINE, CHA, IRM~,N
~ J. CON,.~ .-~'B/~L~
Accepted pursuant to District
Permit No.11-01359-S, dated
October 12, 1995.
WIL ON,
OR: 2678 PG: 2194
MILLER, BARTON & PEEK, INC.
EXHIBIT
Page
Engineers, Planners. Surveyors, Landscape Archireels & Environmental Consultants
Wilson Professional Center. Suile 200. 3201) Bailey Lane a! Airport Road. Naples. Florida 33942 · (941) 649-4040 Fax (941) 643-5716
t
Description of Livingston Road Mitigation16B9
being a part of Section 8 and 9, Township 48 South,
Range 27 East lying north of the north right-of-way line of
43rd Avenue, N.W., Collier County Florida and
part of Golden Gate Estates Unit 52, Plat Book 7,
page 92 and Golden Gate Estates Unit 53,
Plat Book 7, page 93, Collier County, Florida
All that part of Section 8 and 9, Township 48 South, Range 27 East, lying north of the north
right-of-way line of 43rd Avenue, NW, Collier County, Florida and part of Golden Gate Estates
Unit 52, Plat Book 7, page 92 and part of Golden Gate Estates Unit 53, Plat BookT, page 93,
Public Records of Collier County, Florida being more particularly described as follows:
Beginning at the northwest corner of said Section 8;
thence along the north line of said Section 8 North 86037' 12" East 5213.54 feet to the northwest
corner of said Section 9;
thence leaving the north line of said Section 8 along the north line of said Section 9, North
86034' 18" East 1941.79 feet:
thence leaving said north line of Section 9 along the boundary of those lands as described in O.R.
Book 1709, pages 1378 in the three (3) described courses:
i) South 00°13'57" West 1332.60 feet;
2) South 86°32'49" West 645.43 feet;
3) South 00015'44" West 1673.91 feet to a point on the north right-of-way line of 43rd
Avenue, N.W. of said Golden Gate Estates Unit 53;
thence along said right-of-way line South 89°41 '46" West 6492.32 feet to the west line of said
Section 8;
thence along said line North 00007'59" East 2587.44 feet to the Point of Beginning of the parcel
herein described; ~
Subject to easements and restriction~ of record;
Containing 436.69 acres more or less;
Bearings are based on the west line of Section 8 being North 00007'59" East.
WILSON, MILLER, BARTON, and PEEK, INC.
Registered Engineers and Land Surveyors
Not valid unless embossed with the Professional's seal.
Ref. 4GG-240
W.O. 35054
12/28/95- W-08310001 .MRS
· I -OS31-0O-8LGL
Naples Fort M)'et;v Sarasota
(941) 649-4040 (941 ) 939-1020 (941 ) 371-3690
Fax (94 [ ) 643-5716 Fax f941 } 939-7479 Fax f9411377-9852
OR: 2678 PG: 2195
EXHIBIT
Page '7,- of
16B
9
]Nil NOU335 ~/I Hi(%O$/HJ~ON
OR: 2678 PG: 2196
16B 9
Preserving and enhancing Florida's quafity of life since 1966
HOLE, MONTES & ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
LEGAL DESCRIPTION
EXHIBIT
Page
HMA PROJECT #1985031 A1103
10/12/99
REF. DWG. #B-2763
A PARCEL OF LAND LOCATED IN THE NORTH HALF OF SECTION 8, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLDEN GATE ESTATES UNIT 53 AS RECORDED IN PLAT
BOOK 7 AT PAGE 93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 8, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA; THENCE RUN S.00°07'59"W., ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 8, FOR A DISTANCE OF 2587.44 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY LINE OF 43rd AVENUE NORTHWEST, A 60.00 FOOT RIGHT-OF-WAY, AS THE SAME IS
SHOWN ON THE PLAT OF GOLDEN GATE ESTATES UNIT 53 AS RECORDED IN PLAT BOOK 7 AT PAGE 93
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°41'46"E., ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 849.64 FEET TO THE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00°18'14"E. FOR A DISTANCE OF 678.91 FEET;
THENCE RUN N.59°29'06"E. FOR A DISTANCE OF 1530.38 FEET; THENCE RUN. S.21°47'38"E. FOR A
DISTANCE OF 1386.55 FEET; THENCE RUN S88°28'53"E. FOR A DISTANCE OF 272.08 FEET; THENCE RUN
S.00°18'14'VV. FOR A DISTANCE OF 172.50 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
43~ AVENUE NORTHWEST; THENCE RUN N.89°41'46"W., ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,
FOR A DISTANCE OF 2107.90 FEET TO THE POINT OF BEGINNING; CONTAINING 43.234 ACRES, MORE OR
LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING S.00°07'59"W.
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
THOMASLJ. GARRIS
P.L.S. # 3741
STATE OF FLORIDA
lO~,~1~il/~-r~-I~- ~ONITA SPRINGS, FLORIDA 34135 941-g92-0795 FAX 941-992-2327
EXHIBIT
P~,~ 0~_~_~
*** OR: 2678 PG: 2197 ***
16.B 9
z
NO0'18'14"E
678.91'
z