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Resolution 2020-129RESOLUTION NO. 2020- 1 2 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 6-FOOT DRAINAGE AND PUBLIC UTILITY EASEMENT LOCATED ON EACH SIDE OF THE COMMON LOT LINE BETWEEN LOTS 25 & 26 AND 26 & 27, BLOCK 73 OF GOLDEN GATE, UNIT 2, PART 1 AS RECORDED IN PLAT BOOK 9, PAGE 116 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED ON THE WEST SIDE OF C.R 951 (COLLIER BOULEVARD), APPROXIMATELY 500-FEET SOUTH OF GREEN BOULEVARD, IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PL20200000704) WHEREAS, pursuant to Resolution 2013-166, Petitioner, Michael J. Delate, P.E., of Q. Grady Minor & Associates, Inc., on behalf of the property owner, has requested the vacation of the County and the Public interest in the 6-foot drainage and public utility easement located on each side of the common lot line between Lots 25 & 26 and 26 & 27, Block 73 of Golden Gate, Unit 2, Part 1 as recorded in Plat Book 9, Page 116 of the Public Records of Collier County, Florida, located in Section 22, Township 49 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, attached hereto; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the 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 affect the ownership or right of convenient access of persons owning other parts of the subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and public interest in the 6-foot drainage and public utility easement located on each side of the common lot line between Lots 25 & 26 and 26 & 27, Block 73 of Golden Gate, Unit 2, Part 1 as recorded in Plat Book 9, Page 116 of the Public Records of Collier County, Florida, located in Section 22, Township 49 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the public interest and for the public benefit. [20-EIS-04250/1548598/11 PL20200000704 6/ 18/20 1 of 2 INSTR 5896843 OR 5791 PG 312 RECORDED 7/22/2020 2:08 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC $27.00 BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the Public Records and to make proper notation of this Resolution on the plat of Golden Gate, Unit 2, Part 1 as recorded in Plat Book 9, Page 116 of the Public Records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this the V& day of ION, 2020. ATTEST: CRYS} EL, CLERK b Deputy Mot a0 roan SI ate( P� � Approved as to form and legality: Assistant County Attorney �kRnll Attachments: 1) Exhibit A with Location -Site Map 20-EIS-00000 [20-EIS-04250/1548598/11 PL20200000704 6/ 18/20 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: _/. BURT L. 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Ocn 00Ct)M - m��x C)D 00 -n O o z rl V ,p INSTR 5896844 OR 5791 PG 315 Project: RECORDED 7/22/2020 2:08 PM PAGES 4 PARCEL: CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA Folio No.: DOC@.70 $0.70 REC $35.50 DRAINAGE EASEMENT THIS EASEMENT, made and entered into this 2nd day of _July, 2020 , by A-1 Discount Auto Parts, Inc., whose mailing address is 1045 Granada, Naples, FL 34103, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "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.) 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, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive drainage easement to enter upon and to install drainage structures, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, various types of water control structures and any and all manner of public utility facilities over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT A HOMESTEAD PROPERTY NOR IS IT CONTIGUOUS THERETO TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land and to place and/or excavate materials and to maintain the lakes, ponds, water courses, ditches, canals, pipes, inlets and/or water control structures located within said drainage easement at Grantee's sole discretion, Grantee having no obligation or responsibility for maintenance. This easement includes the right to remove and use any and all excavated material. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WI MESSES: (Signature) /I , //' ,, . // / A"-7 ame) mature) nt Name) COUNTY OF GRANTOR: A-1 Discount Auto P its Inc. By:� Alan Love, Vic resident/Secretary The foregoing Drainage Easement was acknowledged before me by means ofX physical presence or ❑ online notarization this 62-- day of , 20A0, by Am -L • LoVP , who: is personally known to me OR produced Ft crl do— Ubye CS j..ilm g . as proof of identity. Last Revised: 06/26/18 (affix notarial seal) GIANNA MARIE HARTS Commission #GG319291 Expires April 5, 2023 a�Z`oFF��P�t BondedllruBudOK�Y� STATE OF r102;d-a- COUNTY OF I (Signature of Notary Public) C-7i&nnc, Ma r- 2 )-kr-�s (Print Name of Notary Public) Serial / Commission # (if any): Gq 3i'&q My Commission Expires: �(-S -ao 03 TIV foregoing Drainage Easement was acknowledged before me by means ph I presence or ❑ online notarization this day of 20 ,who: Identity. is pers Ily known to me OR produced (affix notarial Approved as to form and legality: PCS't� "V— Assistant County Attorney Last Revised: 06/26/18 as proof of ignature of Notary Public) (Print Nam-P*A Notary Public) Serial / CommissionNoUf any): My Commission Expires: c �— N a W U Z m p Q w �- g= , Z p Q 0 o Z W c� _aF w -- —z" w zZ Q a. WO ¢ aJ� �f' �L w w�—QQ Q � Q� >_ �OQ p �.. w z Z a a M �U)Z � wNofV p N Z� rn Q�(§.�g W Q O�oJLL JW a ��Wa o0Q , y cna�.• CD W D LL Z� C�) di =='�DzQ drQ'V 0 Ow�O �� w � ?Q ooz QJ O<w0 ZZ � QQ =zw E z Zn� N W QW Q LL in z Z� UZ A I x W�EL J °°¢g Q o J °� Z Yo JII Q w ��o ILL Q Qo U oJW a• uj w o Q )"C� W rw �W QO O Ou0 Z wO T-O V0J>- o-i g< 01:LLJH w U) w XOU)� a ~coo ULL �aLLZF--gyp m a K �OpW �O �Noa� oD rn Q OHS U mcn a z O 0 Y Q o ° o J =LLU Y Op =� O Q m a o a o° w w a a LL C COLLIER BOULEVARD / STATE Ji o ROAD NO. 858 ull RIGHT OF WAY VARIES U o (3 z SOUTH 150.00'(P) J O J O z-El o O w TYP.— — — — - a_w 050'(P) --------I_I ---- I — ---------— I I Q Iwo om°�¢ wZ I I I O Zo.0co 91 pw I I I Z U O�=Z� I I I I I I io� Q s<�w as =o m II w o U asW Z = I I I I °Q QZ� uj -F I m l l l I I I �Q I I I U> Q �wo� J X W I ao I I I cn � o,o -o LJJ o f I I I I I w Z =w0Qo I co �Q a l �, I j I I I I I ow Z� w z w Y O coN I I o C)Y co is O`° w rnoN� m No op f LIJ } v O-Zw - Q UW I c' co� r` N� U Z�W�aU RNMo�M` ZW� �?<oW - LJJ WQN.5Em, 2i N Cflvl N O0 Wm Yw�r �w° mU uLLX� (oO I l l t a m o gp U��w 3w Q o Z 3 Q ¢ I III III II I I I I I I I H ¢ ow< I o3 X I w I I I I I I oM I I 12525 COLLIER I I I I zzQ� m ❑ Qc BOULEVARD �wE z� Qw� as -o I I — — co°o c� fnZfn atLL o SOUTH 150.00'(P) --a co PLATTED 20' ALLEY m F< �o N ffl SHEET 1 OF 1 FILE NO 20.137 PROJECT: ADDRESS: FOLIO No: INSTR 5896845 OR 5791 PG 319 RECORDED 7/22/2020 2:08 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC $18.50 SUBORDINATION, CONSENT AND JOINDER OF EASEMENT THIS SUBORDINATION, CONSENT AND JOINDER OF EASEMENT given this 2nd day of July, 2020 by First Florida Integrity Bank f/k/a First National Bank of the Gulf Coast, whose address is_3560 Kraft Road, Naples, FL 34105 (hereinafter referred to as "Mortgagee"), in favor of Collier County, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Collier County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage dated January 9, 2012 and subsequently modified on January 15, 2015 by and between A-1 Discount Auto Parts Inc. (Mortgagor), and First Florida Integrity Bank f/k/a First National Bank of the Gulf Coast (Mortgagee), recorded on January 11, 2012 , in Official Records Book 4754, Page 3216 et seq; of the Public Records of Collier County, Florida; (hereinafter collectively referred to as "Mortgage"); with modification recorded on January 14, 2015, in Official Records Book 5112, Page 1015 et seq: of the Public Records of Collier County, Florida (hereinafter collectively referred to as "Mortgage Modification"); Assignment of Leases, Rent and Profits recorded January 11, 2012, in Official Records Book 4754, Page 3225, Public Records of Collier County (hereinafter referred to Assignment of Leases, Rents and Profits); and UCC Financing Statement between A- 1 Discount Auto Parts Inc, and First National Bank Gulf Coast, recorded January 11, 2011, in Official Records Book 4754, Page 3231, Public Records of Collier County (hereinafter referred to UCC Financing Statement) encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"); WHEREAS, Collier County has requested and received from the fee simple owner of the Encumbered Property a perpetual non-exclusive easement, license and privilege for drainage purposes, over, under and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference (which premises are hereinafter referred to as the "Easement Property"); and WHEREAS, Collier County has requested that Mortgagee consent to, join in, and subordinate its Mortgage to the interest that Collier County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate its Mortgage to the grant of that certain easement described herein over, under, on and across the Easement Property and any interest of Collier County in any drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, on and across the Easement Property, or any drainage, sidewalk, utility, and maintenance facilities located therein or affixed thereto, said Mortgage shall remain in full force and effect. IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and year first written above. First Florida Integrity Bank f/k/a irst National Bank of the Gulf Coast By: t Witness (Sig ature) Brian Keenan Senior Executive Vice President -LPri,rrt or Type) cond Witness (Sign ) ANCES MENDEZ (Print or Type) The foregoing S ordination, Consent and Joinder of Easement waknowledged before me by means f physical presence or ❑ online n rization �1" �� day of 20, b ` (Name) as i (Title) on be alf of -t' elf, Such person(s) Notary Public must check applicable box: are personally known to me. ..,,X ❑ produced her current driver license. ❑ produced (Affix notarial sea[) ►ai ? FRANCES MENDEZ *: *: MY COMMISSION # GG 367909 =� EXPIRES: September 2 2023 ' �pm-,� Bonded TW Wary Public Unlden�ibn identification. (Print'Name of Notary) Commission # My Commission Expires: