Resolution 1996-528
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RESOLUTION NO, 96-.--2.38
A RESOLUTION OF THE BOAm OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, APPROVING A PROPOSED
SPECIAL ACT TO EXTINGUISH ALL PRlV ATE PERIMETER AND
ALL PRIVATE BISECTING EASEMENTS IN THE GOLDEN GATE
EST A TES SUBDIVISIONS, ALL OF WHICH WERE CREATED (BY
RESERVATION) BEFORE DECEMBER 31,1969, BY THE GULF
AMERICAN CORPORATION OR ITS SUCCESSORS, EXCEPT
EXTrNGUISHMENT WILL NOT RESULT IN CASES WHERE THE
EASEMENT IS BEING USED FOR AT LEAST ONE OF THE
INTENDED USES AND A NOTICE OF CLAIM OF RIGHT TO THE
EASEMENT IS RECORDED IN THE OFFICIAL RECORDS OF THE
COUNTY ON OR BEFORE DECEMBER 31, 1999.
WHEREAS, there exist within the Golden Gale Subdivisions thousands of thirty (30) foot wide
private perimeter casements and thousands of sixty (60) foot wide private bisecting easements that were
created and recorded in the public records of Collier County by the Gulf Amcrican Corpora';on and/or
one of its successors at various times between January, \961 and April, 1969; and
WHEREAS, as of December 31, 1999, all of these private bisecting and perimeter easements
will have been recorded for more than thirty (30) years; and
WHEREAS, almost no portion of any of these private easements are in actual use, or can ever be
lawfully used for any of the intended uses; and
WHEREAS, the vast majority of these easements arc causing unnecessary and avoidable title
problems to parcels of land that arc adjacent to the respective casement; and
WHEREAS, the Board of County Commissioners of Collier Coun/y, Florida, desires that, by
Special Act of the Florida Legislature, all of these private bisecting and private perimeter casements be
extinguished (rendered void) as of December 31, 1999, except where an easement is then in actual use as
an easement for any of the intended uses and a claim of right to the respective easement is recorded in
the official records of Collier County on or before December 31, 1999.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The proposed Special Act attached hereto as Exhibit "A" is hereby approved and is
incorporated herein.
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2. The Staffis hereby directed to forward the attached proposed Special Act to the
Legislative Delegation for consideration during the 1997 Legislative Session.
This Resolution adopted this Oft day of ~~. ,1996, after motion, second
and majority vote.
ATTEST:
D,WIGHTE. BROCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to fonn and
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Thomas C, Palmer
Assistant County Attorney
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EXHIBIT "A"
A bill to be entitled
An Act relating to Collier County, Florida,
to extinguish, because of non~use, certain
perimeter and bisecting easements within the
Golden Gate Estates Subdivisions; providing
that all of such easements shall be
extinguished and be void as of midnight,
December 31, 1999, except to the extent that
an easement, on or before December 31, 1999,
is in actual use as a road and/or for
drainage and/or for utility facilities, and a
proper notice of claim to the easement is
recorded in the official records of Collier
County, Florida, not later than December 31,
1999; providing that this Act shall not
modify and effect Chapter 712, Florida
Statutes, may have over easements; providing
that this special Act shall be publishe~ in a
newspaper of general circulation prior to
July 1 for the next 3 years; and providing an
effective date.
Be It Enacted by the Legislature of the State of Florida:
Sect ion 1.
(1) This Act applies to all perimeter easements
and to all bisecting easements in each of the Golden Gate Estates
Subdivisions, which easements were reserved, dedicated, conveyed
or otherwise created by the Gulf American Corporation (GACl
and/or by the Central Bank and Trust Company, and/or by GAC
properties, Inc., and/or by Avatar properties, Inc,
Most, if
not all, of these perimeter easements are thirty (30) foot wide.
Most, if not all, of these bisecting easements are sixty (60)
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foot wide. Most, if not all, of these easements were "reservedw
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3 1969, and include all of the easements that are referred to in
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that "Release" recorded in O,R. Book 1059, Page 631, or referred
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to in that "Release" recorded in O,R, Book 1082, Page 326,
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Official Records of Collier County, Florida,
(2) All such perimeter easements and all such
bisecting easements shall be extinguished and be void as of
midnight, December 31, 1999, except to the extent that an
easement in actual use is claimed as follows: A notice of claim
of right to the easement (as described in Section 712,06, Florida
Statutes), must be recorded in the official records of collier
County, Florida, not later than December 31, 1999.
Each such
claim shall be limited to that length of the easement in actual
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use as a road and/or for drainage and/or as a location of one or
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more utility facilities. The notice must describe the boundaries
of the easement that is actually being used,
A valid notice
shall be claimed only by an owner of the fee of any lot or other
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parcel of land over which any part of the easement in actual use
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exists, or by an owner of any drainage facilities and/or any
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utility facilities then located within the respective easement
area.
A separate notice of claim must be recorded for each
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claimed easement.
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Section 2. This Act does not modify any effect that Chapter
712, Florida Statutes, could have over any of these easements.
including possible extinguishment wholly independent of this Law.
Section 3. A copy of this Law shall be published prior to
July 1 for the next three (3) years by Collier County
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Administrator and in a newspaper of general circulation within
the Golden Gate Estates Subdivision areas.
Section 4, This act shall take effect upon becoming a law.
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