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Resolution 1996-592/CWS 96-15 (~I ~ ~ ~~ - - ~ -~ ~ - _ 0 . ~ U"") ~- ~E _8 . . -. -- ~ ~~ 0... ;;:j iU ~ .- =-~ r-- o:a: c--.J ~ ~ c--.J:;l . e- 00 :: !j <:r: ~ _ c::> ~ ~ r-- ::: ~ ~ ~~ '-0 .:; :; m ~ - g ~ ('"'-J :_ -~ 00 - - O~ ~- =~ ~E <'l - RESOLUTION NO. 96- 592 12C .r RESOLUTION NO. CWS-96- 15 RESOLUTION FOR PETITION AV 96-020 TO VACATE ALL PUBLIC ROADWAYS LOCATED ON ROYAL WOOD GOLF AND COUNTRY CLUB UNIT 1 RECORDED IN PLAT BOOK 15, PAGES 16 THROUGH 18. INCLUSIVE; ROYAL WOOD GOLF AND COUNTRY CLUB UNIT 2 RECORDED IN PLAT BOOK 15. PAGES 19 AND 20; AND ROYAL WOOD GOLF AND COUNTRY CLUB UNIT 3 RECORDED IN PLAT BOOK 15, PAGES 95 AND 96; ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA WHEREAS, pursuant 10 Sections 336.09 and 33610, Florida Statutes. Thomas G. Hart as agenl for petitioner, Royal Wood Master Association, Inc., does hereby request the vacalion of all public roadways localed on Royal Wood Golf and Country Club Unit 1 recorded In Plat Book 15, Pages 16 through 18, inclusive; Royal Wood Golf and Country Club Unit 2 recorded In Plat Book 15, Pages 19 and 20; 8nd Royal Wood Golf and Country Club Unit 3 recorded In Plat Book 15. Pages 95 and 96; all of the Public Records of Collier County. FloClda; and WHEREAS, Ihe Board has this day held a public hearing to consider vacating a portion of said road righi-at-way as more fully described below, and notice of said public ~ - hearing to vacate was given as required by law, and WHEREAS, Ihe granting of this petition shall only affect the public right to ingress/egress 8nd all other easement rights shall be retained; and WHEREAS, Ihe granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. and WHEREAS, the petitioner has entered an Indemnif!cation Agreement with Collier County Water Sewer District regarding utility concerns. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that public right of ingress/egress in ~ the following is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. - - - :;;: 0 BE iT FURTHi:R RESOLVED, the County reserves an easement unto itself and to - -- O~ ~ ; E ;he North Naples Fire Conlrol and Rescue District for emergency access. .... ,,-,.....- ~ <=L. = <- c--.J c--.J <:r: C> 12C ~ BE IT FURTHER RESOLVED, the County also reserves unto itself an easement for the instaltation, maintenance and operation of drainage and utility facilities with no responsibility for maintenance thereof. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSiONERS OF COLLIER COUNTY, FLORIDA, as the governing body of Collier County and the COLLIER COUNTY WATER-SEWER DiSTRICT, that the Grant of Easement for utility purposes more particularly described in Exhibit "B" attached herelo and incorporated herein is hereby accepted as a replacement easement for the road righls-of-way vacated hereupon. 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 lis adoption BE IT FURTHER RESOLVED, that the Cierk 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 publlcalion of the notice of adoption of this Resolution in the Public Records of Collier '-C> en ....... ....... County, Florida, and to make proper notations of this vacation on said plat. This Resolution adopted after motion, second and majority vote favoring same. / / DATED: //51;~'/);o',/;! ATTEST DWIGHT E. BROCK, Clerk . . ./ : /"'i-:>, :1,}/0~"</~ ,/J :_ v;r /~ ;:">'////-r'~//'.'6 ,k-/V'~' ,/. -/ ./ - BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNiNG BOARD OF THE COLUf;R COUNTY WATER-S ER DISJ]JCT ?;t~' ............. BY /ZhL C:c..~ J N C r-roRRIS. Chairman J / Approved as to form and legal sufficiency ,tk (1 -1 A ({ A./~~ Heidi F. Ashton Assistant Collier County Attorney RDM/imJ121896/Res AV 96-020 doc --_'1-' .. ~~.._. .... ~_..--a..>"_______"''-_'_'_6_'' 6.."..._._. .. 12C -{ " OR: 2270 PG: 1197 EXHIBIT "A" The dedicated road righta of way in Royal Wood Golf and Country Club, Unit 1, according to the Plat thereof in Plat Book 15, Pages 16 through 18, of the Public Recorda of Collier County, Florida; the dedicated road rights of way in Royal Wood Golf and County Club, Unit 2, according to the Plat thereof in Plat Book 15, Page 19 and 20, of the Public Records of Collier County, Florida; and the dedicated road righta of way in Royal Wood Golf and Country Club, Unit 3, according to the Plat thereof in Plat Book 15, Pages 95 and 96, of the Public Recorda of Collier County, Florida. Prepared by: Thomas B. Hart, Esquire HUMPHREY & KNOTT, P.A. 1625 Hendry Street, Suite 301 Post Office Box 2449 Fort Myers, Florida 33902-2449 941-334-2722 Florida Bar No. 754684 . r:=YI-OBlr 8 ;ql::-.7Iur:-..c,:. INDEMNITY AGREEMENT 12C ( OR: 2270 PG: 1198 This agreement is made this [~day of .AI () ?/ , 1996, between ROYAL WOOD MASTER ASSOCIATION, INC. ("Association") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ("County"). * County's 1 WHEREAS Association, on behalf of its members, has requested that the County vacate the public right of ingress and egress over the roadways in Royal Wood Golf and Country Club, which roadways are more particularly described in the attached Exhibit "A" ("Roadways"); and WHEREAS County in considering the Association's request wishes to assure continued right of access for its maintenance of the utilities lying within the Roadways; and WHEREAS Association proposes to grant to County an easement for all such utility purposes, a copy of which is attached hereto and incorporated herein as Exhibit "B" ("Easement"); and WHEREAS Associ.ation does not presently hold fee title to the Roadways but it is the intent of its members to convey their interest in the Roadways to the Association upon approval of the request to vacate. NOW, THEREFORE, Association and County agree that upon final approval by the County of Association's request to vacate: 1. Association shall execute and deliver to County the Easement. 2. Association shall undertake to obtain fee simple title to all segments of the Roadways from the then owners. 3. Association shall consider the Easement valid as to all such after acquired property obtained by the Association. 4. Association shall indemnify and hold County harmless for any failure on its * part to maintain, install or relocate its utili ties wi thin the Roadways if such failure is caused by the refusal of any property owner to permit the County to exercise its easement rights. ~ses: \ tJ~ a.v 1))C(1[) Printed Name ROYAL WOOD MASTER ASSOCIATION, INC. ~ -0' . ~. . - ,,/ ?-"'~. By. /"Y~ <".--.~.?- ~ -----1)oy Connelly,.f7oent .., .1 Witnesses: Printed NamJ" F;rinted Name /./ APPROVED AS TO FORM AND LEGAL SUFFICIENCY f>L I d, i AviL'L l Heil:li F. Ashton royalwd\lnd-.nit.aqr GX.'-I/EIT ,::; ?;;G~ -= ,:,/----: 12C S' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ArrEST: D~IGHT E. BROCK, CLJRK ~ ~J /.... /;/ 41/,,,t":;;:-n:2:1 ,/ ,/ putj' ler ./ ", / . 2 C> :x:l r-..> r-..> -..J c:> '"'=' Q ....... ~ '-0 '-0 . ::~ .J - '~" -~' '.' ':, :,:. ~i'~ to ~--:' .,~ v':... ';' ","~:'.,'.' :, <,.' .../!':<<~'~. t', ";. ,.':' 1-.,/ '" 6:(/,'/6'1 8 ;;4G~- -:: ~F.d. 12C Y This instrument prepared by: Thomas B. Bart, Esquire HUMPHREY 10 KNOTT, P. A. 1625 Hendry street, suite 301 Post office Box 2449 Fort Myers, FL 33902-2449 Florida Bar No. 754684 (941) 334-2722 OR: 2270 PG: 1200 WITNESSETH: GRANT OF EASEMENT - /1 This easement is granted this ,;29" '-day of 0 C- / , 1996, by ROYAL WOOD MASTER ASSOCIATION, INC., a Florida not for profit corporation, ("Grantor"), to FLORIDA POWER AND LIGHT COMPANY, 4105 Fifteenth Avenue, Naples, Florida 33999; SPRINT/UNITED TELEPHONE- FLORIDA, Post Office Box 2477, Naples, Florida; CONTINENTAL CABLEVISION, 301 Tower Road, Naples, Florida 33942; BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, as the governing body of Collier County and a subdivision of the State of Florida, whose address is 3301 East Tamiili~i Trail, Naples, Florida 33962; and, the COLLIER COUNTY WATER-SEWER DISTRICT, whose address is 3301 East Tamiami Trail, Naples, Florida 33962 ("Grantees"). Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other and good and valuable consideration paid by Grantees the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto Grantees perpetual, nonexclusive easements to install, maintain, repair, replace and operate public utility facilities within the roadways shown on the following plats filed in the Public Records of Collier County, Florida, to wit: Royal Wood Golf and Country Club, unit 1, as recorded in Plat nook 15, Pages 16 through 18; Royal Wood Golf and Country Club, Unit 2, as recorded in Plat Book 15, Pages 19 through 20; Royal Wood Golf and Country Club, Unit 3, as recorded in Plat Book at, Page 95 through 96 of the Public Records of Collier County, Florida. Provided that no such construction, installation, maintenance, or operation of cable television service shall interfere with the facilities and services of any other public utility. In the event a cable television company damages the facilities of a public utility, the cable company shall be solely responsible for the damages. .. ~ ~'J, . .,J.'~ . > ", '.' - ,: >;::'.'".', ;-__t;.r._",:. ~'}',~>'i-. 'J L _~~ ~>;'I./l8,1-B PA6E4oF4 12C Jr TO HAVE AND TO HOLD said easements unto Grantees, their successors and assigns forever. This easement is expressly conditioned upon the obligation of each Grantee to repair promptly any damage to the roadway caused by any failure of such Grantees' facilities or by any activity of such Grantee in exercising the right to use the easement. Any work being done within the easement shall be completed expeditiously and in a manner calculated to cause a minimum of interference with the use of the road. The Grantor may require reasonable assurances or completion and payment bonds from any Grantee working within the easement. Further, Florida Power and Light Company, Sprint/United Telephone-Florida and Continental Cablevision hold easements which shall be subject to and not inconsistent with Collier County's use of the easement area. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date first above written. ~~ nses,. ~ _ ROYAL WOOD MASTER ASSOCIATION, ~}L0\11,n)~ . . . '" (\:"f. N \ fl: -to to By: ~:;>C~? a.<~~~ Pri~ted Name ~Do e Connelly, p~a t I 4 I ~1)~. . . V . '/Uc., ~/ 11-1.7..; v. I /.- T(--;::' \ Printed/Name INC. C> ::c ACKNOWLEDGMENT <'J "-" -.J c:> ..." (;") STATE OF FLORIDA COUNTY OF COLLIER The foregocin.'L ,instrument was acknowledged before me this ;;A 9 day of {J'-r:..2rC~'''- , 1996, by Doyle Connelly, President of Royal Wood Master Association, Inc., a Florida not for profit corporation, on behalf of said corporation. He is personally known to me or who has produced as identification. ,_, ~ {..... NNiCYVPETERS I*,* ....c~.... . .CC5:17151 , . .....-.....V,2IlOO I .,. "" "," ...... <'J c:> ...... A/;1 )JC ,-I Printed Narrle v. My Commission Expires: roy.lwd\roact.\.a....nt.grt 12C .5 INDEMNITY AGREEMENT This agreement is made this ,i- ~day of ,1/ & t/ , 1996, between ROYAL WOOD MASTER ASSOCIATION, INC. ("Association") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ("County"). WHEREAS Association, on behalf of its members, has requested that the County vacate the public right of ingress and egress over the roadways in Royal Wood Golf and Country Club, which roadways are more particularly described in the attached Exhibit "A" ("Roadways"); and WHEREAS County in considering the Association's request wishes to assure continued right of access for its maintenance of the utilities lying within the Roadways; and WHEREAS Association proposes to grant to County an easement for all such utility purposes, a copy of which is attached hereto and incorporated herein as Exhibit "B" ("Easement"); and WHEREAS Association does not presently hold fee title to the Roadways but it is the intent of its members to convey their interest in the Roadways to the Association upon approval of the request to vacate. NOW, THEREFORE, Association and County agree that upon final approval by the County of Association's request to vacate: 1. Association shall execute and deliver to County the Easement. 2. Association shall undertake to obtain fee simple title to all segments of the Roadways from the then owners. c :x 3. Association shall consider the Easement valid as to all such after acquired property obtained by the Association. r-. r-. - c '"1: c;: 4. Association shall indemnify and hold County harmless for any failure on its * part to maintain, install or relocate its utilities within the Roadways if such failure is caused by the refusal of any property owner to permit the County to exercise its easement rights. I- r-. c r-. ~sJJ '~----Zy WC(I!:J Printed Name ~~)r' . . .~. \J{:~~~~" Pr~nt a Name ROYAL WOOD MASTER ASSOCIATION, INC. . ~ ,4-~- /~~ By. yC. ( c."..r. ./' ~oy Connelly, P~aent * County's 1 -- .. .- .. . Witnesses: / ,/ / Printed Name ~rinted Name /' ,. ~. n - - - - 12C f' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY I I . 11/A : eL,! /1 (I L L I, BEti:trr F. As'hton royalwd\ind-.anit._qz L 2 ,/ .- ...........-:. -- ...... _/ ,/ -? /~~//' ----... /F. /. /;:7/'/ /. ______ / ?~// (/(//C. L "_ . C. Norris, Chairman " I'. , "1~;Yi;, HER!(. . 1;/" 01(' f'\ /\ "//' ///<<b'~k''' f;:v.... 'JJ. ( , . ,"~- / l~' 'I" O€puty G .er" .f.! - " ,. '... - """ c ~ . I' I' C ... G . .. .... c Co 12C f This inatrum6nt prep~red by; ThomAs B. H~rt, Esquire HUHPHUY , KNOT?, P. A. 1625 Hendry Street, Suite 301 Post Office Box 2449 Fort Myers, FL 33902-2449 Florida Bar No. 754684 (941) 334-2722 GRART OF EASEMENT This easement is granted this ;Z~/day of C7 C ~ , 1996, by ROYAL WOOD MASTER ASSOCIATION, INC., a Florida not for profit corporation, ("Grantor"), to FLORIDA POWER AND LIGHT COMPANY, 4105 Fifteenth Avenue, Naples, Florida 33999; SPRINT/UNITED TELEPHONE- FLORIDA, Post Office Box 2477, Naples, Florida; CONTINENTAL CABLEVISION, 301 Tower Road, Naples, Florida 33942; BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, dS the governing body of Collier County and a subdivision of the State of Florida, whose address is 3301 East Tamiami Trail, Naples, Florida 33962; and, the COLLIER COUNTY WATER-SEWER DISTRICT, whose address is 3301 East Tarniami Trail, N~ples, Florida 33962 ("Grantees"). WITNESSETH: Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other and good and valuable consideration paid by Grantees the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto Grantees perpetual, nonexclusive easements to inctall, maintain, repair, replace and operate public utility facilities within the roadways shown on the following plats filed in the Public Records of Collier County, Florida, to wit: Royal Wood Golf and Country Club, Unit 1, as recorded in Plat Book 15, Pages 16 through 18; Royal Wood Golf and Country Club, Unit 2, as recorded in Plat Book 15, Pages 19 through 20; Royal Wood Golf and Country Club, Unit 3, as recorded in Plat Book at, Page 95 through 96 of the Public Records of Collier County, Florida. Provided that no such construction, installation, maintenance, or operation of cable television service shall interfere with the facilities and services of any other public utility. In the event a cable television company damages the facilities of a public utility, the cable company shall be solely I'esponaible for the damages. C> ::>a ~ ~ --J co;> ""CI G"l ....... ~ c= .- 1 2 C $" TO HAVE AND TO HOLD said easements unto Grantecs, their successors an. assigns forever. This easement is expressly conditioned upon the obligation of each Grantee to repair promptly any damage to the roadway caused by any failure of such Grantees' facilities or by any activity of such Grantee in exercising the right to use the easement. Any work being done within the easement shall be completed expeditiously and in a manner calculated to cause a minimum of interference with the use of the road. The Grantor may require reasonable assurances or completion and payment bonds from any Grantee working within the easement. Further, Florida Power and Light Company, Sprint/United Telephone-Florida and Continental Cablevision hold easements which shall be aubject to and not inconsistent with Collier County's use of the easement area. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date first above written. ~ses: ~' ., \' 01' Jtl~, _ . , () ',: \~ L( \ \ ~~ \ II 'ut, A:.\ Pripted Name. , ~t! 0, V ~/" .. ('1 . c.<." '/I;'-)./~X, ',I(-Tl-~\ Printed Name ROYAL WOOD MASTER ASSOCIATION, INC. By: ~y_~/ (?;~. ~::-L~ -------------Do e Connelly, !-'~~t ,.. ,.. ,.. ACKNOWLEDGMENT = ::0 STATE OF FLORIDA f'.J f'.J --.J <=> 'U G'l COUNTY OF COLLIER o The foregoin'L instrument was acknowledged before me this ,'J.-- I day of O'(J.~-{';" ,1996, by Doyle Connelly, President of Royal Wood Master Association, Inc., a Florida not for profit corporation, on behalf of said corporation. He is personally known to me or who has produced as identification. '" n'-r NANCY v PETERS ( SJi:iijJ * My c..,.,..A.....h..., CC6:J7161 ~fw:l,~.. E~Afx.'Z7,2000 """,\," ....... f'.J <=> Ln ,.. ,.. ,.. I?~~ /ud ))( \ I Printed Nan/e Notary Public 1/ ?[ 7 c:<? oS My Commission Expires: royalwd\ro&d.\...~.nt.qrt -...-."--.,....-.._.,,_____...._,__..._M___~.._..<.__~~.---._~_~_",.w.._'<__,_~w__.....,,,......._ - ~ ~~ ~~ -- - r::::: - u ... .. =8 .. .. .... - \.0 ~ C> c--J ...-. == ~ 38 8 _ .. ~~~ c--J .. .. c--J ~ - 8- =6 ~:ol- C> _ ~ u co ;: :i r- -.. \.OO~ .~ ~.. ~~~ ~ ~ .--t .~ .... c--J ~ "'~ -~ ~::: 8-;::; =~ .. .... .. ~ ... ~!: E~ - o...~ ......- ..=2~ ~8~E ..~.~ .~ NapLes Daily N~. Napl.., fL 33940 12C { Affidavit of Publication -+--------------------------- BOARD OF COUHTY COM~ISSIOHERS FINANCE DEPT. - KATHY ARLOTTA PO BOX 413016 HAPLES FL 34101-3016 REFEREHCE: 001230 -700897 57415504 HOTICE OF PUBLIC HEA HOTlCE (1F P\&lC1EM~. . ",,(I IS ~.. ell "17!h . t!/1f 01 Decenk 1 . !fit Ilocrl 01 ColrIty Commlnk:"." 01 ColrIty, Fillrlda, oOopIed Rtsohttlon "-592, r. Pet~ion A V~ P<nUCll1l to Sedions 334.09 and 336.10, ~. G. Hci-t 01 HurrllInV & I KllOIt, P A. repraenlln; RovaI - ".. ltr Al.IOdatIoll, tot.; rI<lUtSIInlI .... voc:a- I non 01 011 pdt rlIlIIlwoyt ioaIIId on Rorgf Wcod Golf and. ~ CIIG, UnIt 2 ClSre- I corlItd In PIal 80at 15, "- l' end :m; and Royri! WOOcl Ger and COIIIty WI UnlI I 3, III rl<GI"dld In PlaI 80at 1 S, l'aQB "cnl . '" c.llI1t.Nllk: R~ III ~ (My, Flor1Q;). '. Resolution 96-m tray be 'viewed In Il:e 0fllclI 01 H CIelt 10 ltIt Ilci:rd OIftcj, ~ ulos , ReconIS ~ItI1I, 4lt1 Floor, ~ mil.M."lo., IluIIdIncI. Co4tIa' ColrIty GoY. ' II"MltIi c..nr, 2lGl East TamkrnI Troll, =~COMMISSlOIERS COllER C~!'.L.Q!t.l?~ JOHN c. NORRIS UWKNW< DWIGHT e. BROl:i O-fRK By: III ~ 1iGithlti, ~ CIer1t (SEAL) !<InJoI:y5 No.mcJ State of Florida County of Colt1~r Before the undersigned authority, per~lly appeared Hi M Iverson, who on oeth say. that she s~rves .. the AJsistftnt Secretary of the Keptes DaiLy Nevi, a daiLy n~lpnper pvbLiah~ at MapLe., in CoLlie'r County, Florida: that the- attachl!d copy of advertising was pubLi.h~ in ~1d newspaper on datu L tsted. Affiant further s~YI t~t the laid NapLel OeiLy H~I 1. a n~apeper published at Naple., in &aid Collier County, Florida, and that the .aid nev!paper hat heretofore been continuousLy publiShed in laid ColLi~r C~~ty, Ftoride, each day and M, been er.tere-d as J.ecood clast _it ~tter at the post office in Nople., in laid CoLLier County, FLorida, for a period of 1 ye~r next precedi~ the first publication of the atteched copy of &dvert;s~ent; and affiant furth~r say a that he has ne1th~r peid nor pr~ised any ~rson, fir. or coporstion o~y discount, r~te, coemission nr iefund for th~ purpos~ of .ecurir~ this &dvertlaeMefit 10r pubLication in the said newspaper. PUBLISHED CH: 01(05 AD SPACE: 3.250 INCH FILED ON: 01(06(97 --------------------------------------------------+--------------------------- Signotur. of Affiant ~/~W/ c../!;,y;"/wtJx/ S'oIOrn to and Subscribed befon~ lie this 2- day of ,'J;-J..)\ 19i1-l n , "/) .-];/ / , PtrlOMLly k"""" by.. .-t~f1("f"K ~.c~. 1 ,;a(~'7~~ , , ,__/ I ......~...... ""':.iV^ "iO"'. Ju ;.~ '~, <1th A. "'-'-- h. }:J MY COMMiSSION I '--, '.x 'c-.. ,,~., r 01>"", CC5I:.em EXPIRES ",~,;.-.", BOHot:o T ry 19. 2000 Ji:RJ~FAMI(S1..1'V.1(;r .,""