Resolution 2006-311
RESOLUTION NO. 06- 311
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION
AVPLAT-2006-AR-9810, DISCLAIMING, RENOUNCING AND
VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN
THE TEN FOOT WIDE DRAINAGE EASEMENT ENCUMBERING
THE EAST FIVE-FEET OF LOT 12 AND THE WEST FIVE-FEET OF
LOT 11, STORTER SUBDIVISION, AS RECORDED IN PLAT BOOK
5, PAGE 106, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT
"A", AND ACCEPTING A REPLACEMENT DRAINAGE EASEMENT,
AS MORE SPECIFICALLY DEPICTED AND DESCRIBED IN
EXHIBIT "B", IN PLACE OF THE VACATED EASEMENT.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, AE
Watermark, LLC, has requested the vacation of a ten foot wide drainage easement
encumbering the East five-feet of Lot 12 and the West five-feet of Lot 11, Storter
Subdivision, as recorded in Plat Book 5, Page 106 of the Public Records of Collier
County, Florida, and more specifically described in Exhibit "A".
WHEREAS, in conjunction with, and as part of Petitioner's request, Petitioner
has offered for dedication an alternate ten foot wide drainage easement as a
replacement easement, as depicted and described in Exhibit "B", in place of the
vacated easement; and
WHEREAS, the Board has this day held a public hearing to consider the
aforementioned request, and notice of said public hearing was given as required by law;
and
WHEREAS, the granting of 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 the
drainage easement as specifically 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 County hereby accepts
the dedication of the replacement easement described and depicted in Exhibit 'B'; and
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 Records of
Collier County, Florida, and to make proper notation of this vacation on the recorded
plat as referenced above.
ThJr Resolution adopted after motion, second and majority vote favoring same,
this ~'6 day of ND'v'em b.eA , 2006.
DATE:
ATTEST:
~~i~~~r5l<f~
~ Attest IS tel eM t MIIII S
,1~lt\ll"'t ORl-
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~?~-
FRANK HALAS, CHAIRMAN
Approved as to form and legal
sufficie
By:
Jeff E. ri t
Assistan oilier County Attorney
SKETCH AND LEGAL DESCRIPTION
DRAINAGE EASEMENT TO BE V ACA TED
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THE WEST 37' OF
LOT 12
THE EABT63' OF
LOT 11
(OCCUPIED)
(OCC UPIEO)
...........-... nO' ..
I BEMBURY DRIVE
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(60' RI(;Hl..Qf"'WAy)
DRAINAGE EASEMENT
THE [A,Sf 5 FEFT OF LOT 12 AND THE
WEST 5 fTET OF LOTi 1, STORTER
SUBDiViSION AS RECORDED IN F'L."'T BOOK
5, PACE 106 or HIE PUBLIC RECCRDS
OF C DLLiER C DUN TY, FLORIDA
IVOI r;lL.o .."Hour "-rt- Sic.'V)IJUKE AND !hC aRICINAL H~JSi.D
SE~1. 'JF ... FtORtOA. :ICEN.?fD .5UR'r['fOR AND MAPPER.
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SKETCH AND LEGAL DESCRIPTION
10' PROPOSED EASEMENT
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ORAIH~ (ASEwENT
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THE WEST 37' OF
LOT 12
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BEllBURY DRIVE
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(50' RIGHT-Of-WA)'}
PROPOSED DRAINAGE EASEMENT
lHE EAST 10 FEET OF THE WEST 17 FEET
OF LOT 11, STORTER SUBDIVISION AS
REC ORDED IN PLAT 800K 5, PAGE 106
OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA
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THE EAST 63' OF
LOTn
(OCCUPIED)
1711
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DRAINAGE EASEMENT
THIS EASEMENT, is made and entered into this 6th day of October, 2006, by AE
WATERMARK, LLC, a Florida limited liability company, (hereinafter referred to as
"Grantor"), whose mailing address is c/o EDUARDO HIRSCH, P,O. Box 111959, NAPLES, FL
34108-0133 and COLLIER COUNTY, a political subdivision of the State of Florida, it's
successors and assigns (hereinafter referred to as "Grantee"), whose mailing address is 330 I
Tamiami Trail East, Naples, Florida 34112,
(Wherever used herein the tenus "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors and assigns. Grantor and
Grantee are used for singular or plural, as the context requires.)
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged,
hereby conveys, unto the Grantee, a perpetual, non-exclusive easement to enter upon and to
install and maintain drainage structures and facilities on the following described lands located in
Collier County, Florida, to wit:
The East 10 feet of the West 17 feet of Lot 11, STORTER SUBDIVISION,
according to the Plat thereof as recorded in Plat Book 5, Page 106, Public
Records of Collier County, Florida.
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to cntcr
upon said land, place, excavate, and remove materials for the purpose of constructing, opcrating,
and maintaining drainage and utility facilities thereon. The easement l:,'Tanted herein shall
constitute an easement running with the land and shall burden the lands described above.
Grantor makes no warranties as to the suitability of the land for the purpose of this easement.
DRAINAGE EASEMENT
Page 1 of2
IN \VITNESS WHEREOF, the Grantor has caused these presents to be executed the date
and~' fi,,, "bo.vc ~,itlcn
Zt:;'1t/;;;;,,~'fi!~~~f ~ri~~\T;=i~lt/~"y
,vi 0 r\l'c'C4... J. Lo th (' 0 //r:('
Name (Print or Type) By: Eduardo fli~s~'f1t/............<.
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Its: Mmu;p.ing rVltlllber
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Witness (Signature)
_/fJ/,(J.14d1 #. O,t./Y-.th)
Name (Print or Type)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Drainage Easement was acknowledged before me this ~ 11.... day of October, 2006,
J:i:<~Q_~~1RQQ..!iI.RS.S:-J:! as Managing Member of WATERMARK, LLC. Said person is
(l?ersonal.ll~E~~:~vn _~~.~~.:)or has produced -m as identification, and
who stales lhal she is authorized to sign on b(~t ~~ C~rpori on.
(Affix Seal) -_"ll~=_~~~~ ():_-~'f=:'
Notary<.Public ! j
ScliaIlComlllission#: 0054245]
My Commission Expires: 06/29/2010
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NallryFuIlIIcSlllilofFloridll
Richlld 0 Lyona
My COflVIlieIion 00542451
E~... 0612912010
DRAINAGE EASEMENT
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