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Resolution 2007-291 RESOLUTION NO. 2007-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLARIFYING ITS INTENT AS TO THE CHARACTER OF THE PROPERTY INTEREST IDENTIFIED AS PARCELS 801, 802, 803 AND 804 IN RESOLUTION 2007-89, AND AMENDING SAID RESOLUTION TO CORRECT A SCRIVENER'S ERROR (CAPITAL IMPROVEMENT ELEMENT NO. 291, PROJECT NO. 51101). .' WHEREAS, on April 10, 2007, the Board of County Commissioners of Collier County, Florida, after consideration of alternative routes and locations, long range planning, costs, safety and environmental concerns, adopted Resolution No. 2007-89, authorizing the use of its eminent domain power to acquire those parcels identified in Exhibit "A" of the Resolution for the construction of stormwater improvements known as Phase One of the Lely Area Stormwater Improvements Project (LASIP) located in east Naples; and WHEREAS, the legal descriptions and sketches and for Parcels 801, 802, 803 and 804 (being pages 9, 10, 13 and 14 of Exhibit "A" to said Resolution) were correctly identified as "Fee Simple Interest," but, as a result of a scrivener's error, the words "Perpetual, Non- Exclusive Drainage Easement" were inadvertently included in the introductory verbiage of the legal description; and WHEREAS, the project number 511012, identified in the title of Resolution 2007-89, incorrectly includes the sixth digit "2," which digit is appended to a project number in order to designate the funding cost center; and WHEREAS, the Board desires to clarify its original intent in the adoption of Resolution 2007-89 and to correct the afore-described scrivener's errors by amending the resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The above recitals are true and corrected and incorporated herein. 2. It was and is the intent of the Board of County Commissioners to authorize the condemnation of a Fee Simple Interest in Parcels 801, 802, 803 and 804, as identified in Exhibit A-I attached hereto. 3. Resolution 2007-89 is hereby amended to correct scrivener's errors by removing erroneous and inconsistent verbiage, "perpetual, non-exclusive drainage easement," contained on pages 9, 10, 13 and 14 of Exhibit A to Resolution 2007-89, and by substituting the 5-digit project number of 5110 1. THIS RESOLUTION IS ADOPTED this ~ day of~, 2007, after motion, second and majority vote. ~':".', "S\)~~ . r ;."1;'F "', t A TI;EST: D~Gl{fE:~BROCK, Clerk ~ 11gnltur'~IOIT.1.~"" . ~ AMES COLETTA, Chairman By: Approved as to Form and Legal Sufficiency h Va~4~/ Ellen T. Chadwell Assistant County Attorney Condemnation Resolution Page 2 EXHIBIT A - \ Page I 01-.:1.(: PROJECT NO. 511012 PROJECT PARCEL NO. 801 FOLlO NO. 60780040003 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOU.OWS': THE WEST 30 FEET OF LOT 1, BLOCK "A," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 30 FEET LOT 1 ( BLOCK "A" ) N FEE SIMPlE INTEREST SKETCH Nono SCALE Collier County Transportation Engineering and Construction Management Department OBll0107 4:20 PM EXHIBIT A ~ \ Page Z. of ~ PROJECT NO. 511012 PROJECT PARCEL NO. 802 FOLlO NO. 60781160005 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 30 FEET OF LOT 1, BLOCK "B," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 30 FEET LOT 1 ( BLOCK "B" ) N FEE SIMPLE INTEREST SKETCH NOT TO SCALE Collier County Transportation Engineering and Construction Management Department OBll01074:21 PM EXHIBIT ~\ Page :3 of~ PROJECT NO. 511012 PROJECT PARCEL NO. 803 FOLlO NO. 60782320006 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 30 FEET OF LOT 1, BLOCK "C," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 30 FEET LOT 1 ( BLOCK "C" ) N FEE SIMPLE INTEREST SKETCH NOT TO SCALE Collier County Transportation Engineering and Construction Management Department 0BI101074:21 PM EXHIBIT A - I Page-A-of ~ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) PROJECT NO. 511012 PROJECT PARCEL NO. 804 FOLIO NO. 60784520008 A PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 30 FEET OF LOT 31, BLOCK "E," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 30 FEET LOT 31 ( BLOCK "E" ) N FEe SIMPLE Ufl'EREST SKETCH NOT TO SCALE Collier County Transportation Engineering and Construction Management Department OBll0/074:21 PM