Resolution 1999-386
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RESOLUTION NO. 99.386
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A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY.
FLORIDA CREATING A PERPETUAL. NON.
EXCLUSIVE EASEMENT FOR INGRESS AND
EGRESS ON COUNTY.OWNED PROPERTY
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WHEREAS, The Board of County Commissioners of ColI"Jr County, Florida holds-
title to that certain parcel of land. described in Exhibit "A' (attached hereto and made a part
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hereof), by virtue of that certain Limited Warranty Deetj recorded 10 the public records of
Collier County, Florida, in OR Book 895, Page 1855, ot seq; and
WHEREAS, On October 12, 1999, the Board of County CommiSSioners of Collier
County, Florida, approved Agenda 110m No. 16 (OJ 3, Approving il Doclilrillion of Easement
on County Railway Torminal Property.
NOW, THEREFORE, BE IT RESOLVED that the Chairwoman of the Board of
County Commissioners of Collier County, Florida is horeby authorized to execute on behalf
of the Board a Declaration of Easement creating a perpetual, non.exclusivo easement for
ingress and egress across the property described in Exhibit "A" in favor of tho general
public and all abutting property owners, providing that usage of said ingress and egress
easement shall not connict with the usage of said ilroperty for 'ail road terminal purposes,
This Resolution adopted this ~_ day of JJ2C!.~_, 19 ~ ?after
motion, second and majority vote.
ATTEST:
DWIGHT E BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
6Y::~.sd/-/. . .I
€t.J1 )/"HJllIIJJ, Deputy Clerk
Attest IS to Chlirmen's
sl9ftltur. on1J.
Approved as to form and
legal sufficioncy:
k/I & ~/y~:
David C, Weige
County Attorney
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BY_/~ ,: t/l
Pamela S. Mac'Kie, Chairw
2549891 OR: 2606 PG: 1212,
mOfLl~ '" mlcm mORDS of COLLIIl COllJTT, 'iL
11/:l/i1ll It O!:llll DIIGHI I, 110CI, eLIII
IIC rn 15.00
COlliS 3,01
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C,IRI 10 T~I P;IID
IlIIIOIIIC! 41H PLOOI
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OR: 2606 PG: 1213
160 3
DECLARATION OF EASEMENT
THIS DECLARATION is made this I~-a _ day of (Q-",~ ,19l1.,
by COLLIER COUNTY, a political subdivision of the State of Florida. whose mailing
address is 3301 East Tamiami Trail, Naples, Floritja 34112, hereinafter referred to as
"Declarant."
Declarant is the owner of certain real property situated in Collier County, Florida,
more fully described below (hereinaftor referred to as the "Prorerty").
See attached Exhibit "A" which is
incorporated herein by reference.
Declarant hereby declares that the Property is and shall be held, used and
occupied for the purposes of operating a public railroad terminal.
Declarant hereby further declares that the Property milY henceforth, from the
date hereof, be used for public ingress and egress, pedestrian, vehicular, or in any
other manner which is not inconsistent with, and which does not connict with, the usage
of the Property as a public railroad terminal.
The Easement, as set forth in this Declaration, shall bind, and the benefits
thereof shall inure to, the Declarant Ilnd its representatives, agents, successors and
assigns, to all abutting property owners, and to the general public of Collier County,
Florida.
IN WITNESS WHEREOF, Declarant has caused these presents to be executed
the date and year first above written.
ATTEST:
DWIGHT E, BROCK
BOARD OF COUNTY COMMISSIONERS
COL~
BY: . ~
Pamela S, Mac'Kie, Chairwoman
, ~: tit. ~ ;de /f--..l
'. EL )I" f' AJ, Deputy Clerk
Attest IS to Chairman's
sfgl\&tll!'1 onl).
Approved as to form and
legal sufficiency:
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'IMld (j itr;</Ncf
David C, Weigel V
County Attorney
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u* OR: 2606 PG:t12'14 t*t.,'
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EXHIBIT "A"
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DESCRIPTION OF PUBLIC RAILWAY TERMINAL PARCEL
AND PERPETUAL, PUBLIC INGRESS I EGRESS EASEMENT
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Being a part of the Northeast quarter of Section 10, Township 48 South, Range 25 East,
Collier County, Florida, and more particularly described as follows:
CommenclOg at the intersection of the North line of the South One Half (1/2)
of the South One Half (1/2) of lhe said Northeast quarter of Section 10 and
the easterly right-of-way line of old U.S. Route 41; thence N89'50'10"E along
the said North line 706,64 feet to the PLACE OF BEGINNING; thence, ,.,
continuing N89050'10-E along the said North line 70,00 feet to the point Off~
intersection with the Westerly right-of,way line of the Seaboard Coast Line ~
Railroad, said point being on a curve concave 10 the East and having a ."
radius of 22,983,3 feet; thence Southerly along the arc of said curve through
a central angle of 00'46'23", for an arc distance of 310.17 feet; thence
S89'52'30W, 70 feet; thence Northerly on a curve concave 10 the East
having a radius of 23,053.3 feet and being parallel to the said railroad right-
of-way curve. an arc distance of 310,12 feet to the PLACE OF BEGINNING.
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SUBJECT PROPERTY
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RAILHEAD BL VD
~---- OLDlJSROLJTE41 I
SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY -,-~
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