Resolution 1996-367
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COR lIS
21.\0
6.00
IICOROIO In t~. OIllCI!L RlCOIOS of COLLlI! coum, /L
Ol/DIIli at !l:12!1 DWIGBTI. !ROCI, CLlR!
RESOLUTION NO. 96- "7
RESOLUTION FOR PETITION AV 96-005 TO VACATE A
PORTION OF ROAD RIGHT-OF-WAY PLATTED AS TENTH
AVENUE S.W. AS SHOWN ON THE PLAT OF GOLDEN
GATE ESTATES UNIT NO. 33 IN PLAT BOOK 7, PAGE
6C, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
F.w~IDA.
AUG 1 3 1996
WHEREAS, pursuant to Sections 336.09, 336.10 and 177.101,
Florida statutes, Coastal Engineering Consultants, Inc. as agent
for owner, Cleveland Clinic Foundation, does hereby request the
vacation of a portion of road right-of-way located on a portion
of the plat of Golden Gate Estates Unit No. 33 as recorded in
Plat Book 7, Pages 60, of the Public Records of Collier County,
Florida: and
WHEREAS, the Board has this day held a public hearing to
consider vacating a portion of said plat as more fully described
below, and notice of said public hearing to vacate was given as
required by law; and
WHEREAS, the granting of the vacation will not adversely
affect the ownerShip or right of convenient access of other
property owners.
WHEREAS, the vacation of the north forty (40') feet of the
100 foot road right-of-way platted as loth Avenue S.W. located on
a portion of the plat of Golden Gate Estates Unit No. 33 as
recorded in Plat Book 7, Page 60, of the Public Records of
Collier County Florida, would benefit the general public welfare
and is in the best interest of the public in the following
particulars:
1. Petitioner intends to provide additional landscape buffer and
stormwater detention within the proposed vacation area.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUHTY, FLORIDA, that the following be
and is hereby vacated:
See Exhibit "A" attached to and incorporated herein
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to
advertise the adoption of this resolution once in a paper of
general circulation in the County within 30 days following its
adoption.
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OR: 2224 PG: 0999
AUG 1 3 1996
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to
record a certified copy of this Resolution, the proof of
publication of the notice of public hearing, and the proof of
publication of the notice of adoption of this Resolution in the
Public Re~otds of Collier County, Florida and to make proper
,notations of this vacation on said plat.
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ATTEST:, ',C :
DWI,GHT E. BRQCK,
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COUNTY COMMISSIONERS
A
M' :4'
NORRIS, Chairman
App ved' a.-to form and
Ifl':/JU,fJ, i i~ncy:
. dl MA.t>1
Heidi F. Ashton
Assistant County Attorney
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~ COASTAL
ENGINEERING
II"'""" ...... CONSUlTANTS
... INC,
AU6 1 3 1996
OR: 2224 PG: 1000
Engineers . Scientlsts . Suveyors . Planners . Appraisers
PORTION OF 100' WIDE PLATTED ROAD EASEMENT
(TO BE VACATED)
DESCRIPTION
That part of the 100' wide road casement (10th Avenue S,W.) shown on the Plat of Golden
Gate Estates Unit No, 33, a subdivision recorded in Plat Book 7, Page 60 of the Public
Records of Collier County, Florida, being described as follows:
The north forty (40) feet of the south seventy (70) feet of Tract 10, Tract 25 and Tract 26
of said Golden Gate Estates Unit No. 33 subdivision.
Subject to casements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, INC.
3106 SOUTII HORSESHOE DRIVE
NAPLES, FLORIDA 33942 (941) 643-2324
;;:. -.LJ() C-. <
Richard J. Ewing, V.P. '
Professional Surveyor and Mapper
Florida Certificate No. 5295
NOT V AUD UNLESS SIGNED
NOT V ADD UNLESS SEALED wrm TIlE
EMBOSSED SEAL OF TIlE SURVc'YOR
C,E.C. FILE NO. SUR\DESC\MISC\95169\ WP
DATE: j- ~ ' ?b
~ ~. \ 't ~ .1;
3106 S, HORSESHOE DR, . NAPLES, FLORIDA 33942. (941) 643-2324 . FAX (941) 643-1143
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OR: 2224 PG: 1002
Naples Daily News
Hapl.s, FL 33940
AUG 1 3 1996
Affidavit of Publication
+
BOARD OF COUNTY COftHISSIONERS
FIHAHCE DEPT. - KATHY ARLOTTA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230 -600950
57342160 NOTICE OF PUIlLIC HEA
-IIOTlCEOHV8UCIaRIHG ---:-
Nollce b hereby gIvon that tile Biic:rd
01 Countv Commlulonen 01 ColDer Countv
wfIl held . ~ heaing on TUESDAY.
AUGUST 13, 1996, In tile Bocrctoom, lid
Floor1 Admlnlslrotfon 8ulldlll9, COllier
CoUmy Governmeni Ct.ni~r:..' 3301 East
TanIomI Troll, Hopln, FIQ"lOO,The meeI-
Ing wt'l begin at 9;gO A.M. The Bocrd wi!
conslder PettIIon' A V.9~5, Coosfol EngIo
neerlno ConluIIanIs. me.. os pgenI for own-
lor, C1evelond' ClInic Foundation, requesttng
vocotfcln 01 . portlon 0I10lh Avenue s.w. os
shawn on the plot 01 Golden Gott Estates
Unit No. ~ Secllon 17, Township 49 SoullI.
Range U "OS!t.os recorded In P10I Boot '1,
Page ~ 01 me Nlllc Recorcls 01 ColI.
CourJIy, .Iorldo.
All Interested PCrfles ere Invited to ,ot.
tend, = 10 speak and to "*""
lf1eIr 'ff any In writing, to_lf1e
Bocrd to tile Plbllc ~Ing. .' "
Any penon who deddes to oppellI '.
dodsIon 01 tile Bocrd will need . record,oI
tile proceecfngs per1gInIng thereto" pnd
therefore, may need to ellSll'e thai . voi'.
botfm record 01 It1e proceedings Is madel
whlcl1 record Includes tile tesflmony' ana
evidence UIlOI1 YdIIcI1 tile 0B>P00f b to, ~
, ='0 Of COUNTY COMMISSIONERS "..
COlLIER COUNTY flORIDA ' , , " ,
.JOHII C. NORR~LgiAIRMAN
DWIGHT e. BRVU<. a.ERK
By: Is/ SUe BallIrilti,
D~C1er1< '
(SEAl .
July ,AugusH
No,l10819
PIlBLISHED ON: 07/2S os/{)/,
State 01 Florida
COUnty 01 Collier
Before the und.rsigned outhority, personalty I
appeared S. UtKt, who on oath .ay. thet .he lervesl
as the Assi.tant Corporate Secretary of the NapLes'
Daily New., a daily new.paper published at Naple.,
in Collier County, Florida: that the attached
copy of adv~rtising was published in said
nev'pa~r on dates listed.
Affiant furth~r says that the said Naples Daily
News is a new'pap~r published at Naple., in said
Collier County, Florida, ond thet the soid
nevspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second clau Nil
aatter at the post office in Naples, in said
Collier County, FloridaJ for a period of 1 year
next preceding the first publication of the
attached copy of advertiseDent; and affiant
further soys thot he hes neither peid nor prooisedl
any ~rson, fir. or coporation any discount, I
rebate, co.M1ss1on or refund for the purpose of I
securing this odvertis.oent for publicotion in thel
said newspaper. I
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4,250 INCN
OS/05/96
AD SPACE:
FILED ON:
Signeture of Aff1ent 4. /v0
Sworn to end Subscribed before .. this JL. cloy of ~ 19~
P.rsonelly k,","" by .. ~~L ~ ~.() ~IA , R.. I Lt J. ,)
4A;iii:'i;:~" JCYCE E, BlAZIER ~
F ~;, r..~' COM1.tSSlON, CC36JXiI EXPIRES
"", 'ittI} Aprll0, 1998
"r.~;Rr.W- JJQtaD""'TJlOT'Mt~.K.
Naple. Daily Nov.
Naples, fL 33940
Affidavit of Publication
AUG 1 3 1996
+--------------
BOARD Of COUNTY CQM"ISSIONERS
fINANCE DEP1, - KATHY ARLOTTA
PO BOX 413016
NAPLES fL 34101-3016
REFERENCE: 001230 -600950
57350776 PUBLIC NOllCENotice
State of FLorida
County of Call for
Sefore the undersigned authority, personally
appeared Hina Iverson, who on oath says that she
serves 8S the Asststant Secretary of the Naples
Daily News, a daily nevspaper published at Naples,
in Collier County, florida: that the attached
copy of advertising was published in said
ne\ofspaper on dates listed.
Affiant further say. that the laid Naple. Daily
Nevs is a newspaper published at Naples, in said
Collier County, FloridaJ and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class Mil
aatter at the post office in NapLes, 1n said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertiseeent; and affiant
further says that he has neither paid nor pl'Ollisedl
any person, fir. or coporation any discount, I
rebate, c~isston or refund for the purpose of I
securing this advertis~nt for publication in thel
said n..,spaper, I
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PUBLISHED ON: 06/25
AD SPACE:
fiLED ON:
3,167 INCH
06/26/96
Signature of Affiant
Sworn to and Subscribed before.. thls,;2 1 day of a<-<;?
Personalty known by "9'~ 0 -:::J-.~~
PiiiliXN5fitE --
Nol1ce Is hereby given thoI on the 13th
day 01 AU9ust, 1~~,!!>e Socrd 01 Counfy.
Commlssloriers 01 \'o"'er County Florida,
Ddopted Reso/ulIon ''"367, re PtImOii AV.
96-005, pursoonf to Secfb1s m.ID!, 336,09
and 336.10, Florida StoMes, CoosfOI Engl.
nterlng Consultants, Inc., os agent for 0wn-
er, Cleveland Oink: FoundoIIon, requestfng
D vocotlon 01 0 portion 0I101h Avenue s.w,
os shown on the pial 01 Golden Gote EslDies
Un~ No, 3! SedIon 17, Township 4' South,
Range 26 tas),os recorded In PIalIlooI< 7,
Page 6l!t.o!. me Nll1t Records of Collier
County, '1OI'lOQ.
Resolution 96-367 may be viewed In the
OffIce 01 the CIer1t to the Socrd OffIce, Min.
uIes & Records Oeportrnent, 4th Floor, Ad-
m1nJs1ratfon Building Comer Counfy Gov.
ernment Center, 330~ East TDmloml Troll,
t/q>les Florida.
BOARD OF COUNTY COMMISSIONERS
COlLIER COUNTY FLORIDA
JOHN C. NORR~...gwRMAN
OWlGHT E. BRuu. CLERK
By: Is/ SUe Babtiilti, Deputy CIer1t
(SEAL)
AUQust 25 No. 852201
191 c..
Retn:
CLBP.~ TO THB BOARD
INTBROFFICB 4TH FLOOR
!IT 7140
,UY4 Yb OR: 2224 PG: 1004
RBCORDBD in the OFFICIAL RBCORDS of COLL!BR COUHTY, FL
09/04/96 at 11:41AH DWIGHT B, BROCI, CLBR~
RBC m
DOC-,10
copm
J3.00
,10
1.OD
GRANT OF EASEMENT
AUG 1 3 1996
THIS EASEMENT granted as of this,).)'''day of /)"1',(
v
, 1996, by
ANDREW SERVICE CORPORATION OF FLORIDA, a Florida corporation, whose
Post Office address is 201 South Biscayne Boulevard, Suite 2900,
Miami, Florida 33131, as Grantor to the Board of County
Commissioners of Collier County, Florida, its successors and
assigns I"County"}, as Grantee.
ii ;!; .I H ~ Ii Ii ~ 1: H:
THAT for and in consideration of the sum of Ten Dollars
l$lO.OO) and other good and valuable consideration, receipt of
which is hereby acknowledged, Grantor hereby grants to Grantee, its
successors and assigns, a non-exclusive drainage easement on, under
and through the Property described on Exhibit "A" attached hereto
and made a part hereof, for the construction, maintenance, repair
and replacement of drainage facilities along with ingress and
egress, to and from such Property,
TO HAVE AND TO HOLD the Easement hereby granted unto said
Grantee, its successors and assigns.
Grantee, by acceptance of this Easement, agrees for itself,
its successors and assigns, to maintain drainage facilities within
said Easement and not to unreasonably interfere with the right of
ingress and egress of Grantor, its successors and assigns, or any
other party requiring access to any of the properties over which
the Easement is granted.
~~ \'\~ \
...
AUG 1 3 1996
Grantee agrees that it will, to the extent reasonable and
possible tilldel.- the circumstances, use care in performing work
within the properties encumbered by this Easement.
Grantor agrees for itself, its successors and assigns, not to
construct anything upon the Easement Property which will preclude
the Grantee from using the Easement Property for the purposes
provided herein.
IN WITNESS WHEREOF, Grantor has caused these presents to be
executed as of the day and year first above written.
WITNESSES:
ANDREW SERVICE CORPORATION OF
FLORIDA, Florida corp ration
~e:~liSh
~tt:qy-~
By:
Name:
Title:
STATE OF OHIO
COUNTY OF
SS:
CUYAHOGA
The foregoing instrument was acknowledged before me this 22nd
day of April , 1996 by George R. Barry as
Vice President of ANDREW SERVICE CORPORATION OF FLORIDA, a Florida
corporation, on behalf of the corporation, He/she personally
appeared before me, is personally known to me or produced
as identification.
Notary: b~(\ Q.~
[NOTARIAL SEAL] Print Narne=;1S ~;;:;-a A. Thomas
Notary Public, State of Ohio
My commission expires: No expiration date
IYNDA A. THOMAS, Attomoy AII.Jw
Nol.ry Public, St.l. of Ohio
fAy commission his no ..pit.Uon dltyl
Section 147,03 0, t. C,
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OR: 2224 PG: 1006
AUG 1 3 1996
EXHIBIT "A"
PROPOSED 15' WIDE DRAINAGE EASEMENr
DESCRlPI'ION
A fifteen (15) foot wide strip ofland lying in that part of the 100' wide road casement (10th
Avenue S.W.) shown on the Plat of Golden Gate Estates Unit No. 33, a subdivision
recorded in Plat Book 7, Page 60 of the Public Records of Collier County, Florida, being
described as follows:
The north fifteen (15) feet of the south forty-five (45) feet of Tract 10, Tract 25 and Tract
26 of said Golden Gate Estates Unit No. 33 subdivision.
The above describes an area of approximately 15,150 square feet or 0.35 acres of land.
Subject to easements, restrictions and reservations of record.
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OR: 2224 PG: 1007
AUG 1 3 1996
INTERSTATE 75
OAKES BOULEVARD AS PER PLAT
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NAPA BOULEVARD fU, _... ......,
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T1lACT -41, lOOT :r.J
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AUG 1 3 1996
April 25, 1996
Board of County Commissioners
of Collier County, Florida
3301 East Tamiami Trail
Building F
Naples, Florida 33962
Re: Opinion of Title in connection with the proposed Drainage Easement
for the North 15 feet of the South 45 feet of Tracts 10, 25 and 26 of
GOLDEN GAlE ESTA1ES, Unit No. 33, according to the Plat in
Plat Book 7, Page 60, of the Public Records of Collier County, Florida
("Easement Property")
Ladies and Gentlemen:
We have acted as counsel for Andrew Service Corporation of Florida, a Florida
corporation, in connection with the above-referenced Grant of Easement. In connection
therewith, we have reviewed Lawyers Title Insurance Corporation's ("LTIC') Owner's Policy
of Title Insurance ("Title Policy") dated September 1, 1995, at 2:49 p,m, and issued under
Policy No. 136-00-297813 and the results of a title search conducted by Island Title
Guaranty Agency, Inc. from the date of the Title Policy through March 6, 1995, at 7:00 a,m,
The Title Policy and updated title search is collectively referred to herein and the "Title
Evidence",
Based upon a review of the Title Evidence, Andrew Service Corporation of Florida
is the fee simple title owner of the property described on Exhibit "A" attached to this letter
and, subject to the liens, encumbrances and exceptions set forth on Exhibit "B" attached, can
convey a non-exclusive drainage easement over the Easement Property in the form of
instrument attached to this opinion of title,
Sincerely,
GREENBERG, TRAURIG, HOFFMAN,
L1POFF, ROSEN & QUENlEL, P.A.
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PII!IT Orr,,:! Uos: ,.036 VUlT f,4unUD.u.r.. ""."1"'4 33;)02 '
515 [....!IT r.....!I 0"....' DOIJU:V.....D Foar r.....BDun.ur.. F'.flltllIA :J3~OI 954.165-0500 "'u 951-165.1-111
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FoltT l."UPr.ItD....U: "UT P....LM Rr.ACII T....u....II"'uu OIlLHfPO
EXHIBIT "A"
LEGAL DESCRIPTION
AUG 1 3 1996
The part of the 100' wide road easement (10th Avenue S.W.) shown on the Plat of Golden
Gate Estates Unit No. 33, a subdivision recorded in Plat Book 7, Page 60 of the Public
Records of Collier County, Florida, being described as follows:
The north fifteen (15) feet of the south forty-five (45) feet of
Tracts 10, 25 and 26 of said Golden Gate Estates Unit No. 33
subdivision,
GREENBERG
~~.~:l\\
EXHIBIT "B"
LIENS, ENCUMBRANCES AND EXCEPTIONS
AU6 1 3 1996
1. Keal estate taxes and any taxes and assessments levied or assessed that
become due and payable.
2. Dedications and easements as contained in the Plat of GOLDEN GATE
ESTATES, UNIT NO. 33, as recorded in Plat Book 7, at Page 60.
3, Reservations for oil, gas and mineral rights appearing in instruments recorded
in Deed Book 34 at Page 386, Deed Book 30 at Page 91, Deed Book 33 at
Page 128 and Official Records Book 51 at Page 82, without right of entry.
4, Right of Way Easement recorded in Official Records Book 245 at Page 515,
as released in Official Records Book 1013 at Page 231.
5, Ordinance No. 75-20 recorded in Official records Book 619 at Page 1177,
regarding water distribution and waste water collection,
6. Ordinance 75-21 recorded in Official Records Book 619 at Page 1182,
regarding protection of certain trees,
7, Ordinance No. 75-24 recorded in Official Records Book 619 at Page 1191,
regarding zoning.
8. Resolution estahlishing Immokalee Area Planning District recorded in Official
Records Book 649 at Page 1239,
9, Subject lands lie within the Collier Water Management District and may be
affected by any acts of said District.
10. Oil, gas and mineral rights as contained in Official Records Book 160 at Page
11, in Official Records Book 160 at Page 39, in Official Records Book 177 at
Page 305 and in Official Records Book 177 at page 312,
11. Matters which may be shown on a survey,
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GREENBERG TRAURIG