Resolution 1997-337120 1"
RESOLUTION NO. 97- 337
RESOLUTION FOR PETITION AV 97-014 TO VACATE
TRACT "C" (LANDSCAPE AND DRAINAGE EASEMENT)
LOCATED ON A PORTION OF THE PLAT OF AUGUSTA
FALLS AS RECORDED IN PLAT BOOK 27, PAGES 51 AND
52, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Daniel DeCesare, as agent
for owner, Vineyards Development Corporation, does hereby request the vacation Tract "C'
(landscape and drainage easement) located on a portion of the Plat of Augusta Fails as recorded in
Plat Book 27, Pages 51 and 52, inclusive, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, lhat the following be and is hereby
vacated:
See Exhibit "A" attached to and incorporated herein
BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the drainage easement, more
particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted
as the replacement easement for the drainage easement vacated hereupon.
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to record a certified
copy of this Resolution in the Public Records of Collier County, Florida and to make proper
notations of this vacation on said plat.
~ i., This Resolution adopted after motion, second and majority vote favoring same.
DATED:
' ATTESt':
DWIGHT E. BROCK, Clerk
' "A..qPi'0yO',~;t6 form and legal shfficiency:
Heidi F. Ashton
Assistant County Attorney
RM/tm/072397/Reso AV 97-014.doc
BOARD OF COUNTY COMMISSIONERS
COLLI~ZI~COUNTY, FLORID. A/
TIMOTHY~ ~ANcoCK, Chairman
2221017 OR: 2342 PG: 3059
nC BI 21.5t
COPIll
letn:
1240
COASTAL
ENGiNEERiNG
CONSULTANTS
INC
120
AUGUST~ F~LLS
TRACT "C" (LANDSCAPE A=ND DRAINAGE EASEMENT)
DESCRIPTION OF L~DS TO BI;'. VACATED
Tract "C" of Augusta Falls, as recorded in Plat Book 27, Pages 51 and 52 of the Public
Records of Collier County, Florida
Subject to easements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, INC.
FI~A BU~IZATION NO. LB 2464
~ ~.. Ewing, . . .; :.~:,. :..,
Profe~ional Surveyor and Mapper ' "'-
Florida Certificate No. 5295 . .,::-'' :i: '
NOT VaUD wrmotrr THE SIGNA,u~,=,,~,'.'_ :
THE ORIGINAL RAISED SEAL OF A F1X)RIDA ' .... ·
LICENSED SURVEYOR AND MAPPER ' 5 :. '
CEC FILE NO. 96.065 ";' .... ": ~'
DATE SIGNED: .C-z-7 -~ 2
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3106 S. HORSESHOE DRIVE * NAPLES, FLORIDA 34104 · (941)643-2324 * FAX (941)643-1 t43
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12C
EASEMENT
THIS EASEMENT, made and entered into this day of
1997, by Vineyards Development Corporation, a Florida corporation, whose/mailing
address is 98 Vineyards Boulevard, Naples, Florida 34119, its successors and
assigns, as Grantor, to COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its
successors and assigns, as Grantee.
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other
valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpelual, non-exclusive easement for drainage purposes on the following described
land located in Collier County, Florida, to w~t:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions and resen/ations of record.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to
enter upon said land to place, excavate and lake materials for the purpose of
constructing, operating and maintaining drainage thereon.
IN VVITNESS WHEREOF, the parties have executed this Agreement on the
date first written above.
VINEYARDS DEVELOPMENT
CORPORATION
Michel Saadeh ]
President & CEO
County of Collier }
State of Florida }
The for__egoing instrument was acknowledged before me on the ~ dav of
?~.~---~Z~, 1997, by Michel Saadeh, President & CEO, of Vineyards '
Developrr~ent Corporation, a Florida Corporation, who is personally known to me.
ro~deve~p~~ ~ < . .. r~ <~-- &
COASTAL
ENGINEERING
CONSULTANfS
INC
AUGUSTA FALL~
PROPOSED 15' WIDE DRAINAGE EASEMENT
DESCRIPTION
A fifteen (15) foot strip of land lying ~n that part of Traa "C" of Augtma Falls, a subdMsion
recorded in Plat Book 27, Pag~ 51 and 52 of the PuNk Recor& of Coil/er County, Florida
being de.sm'bed as follows:
Commenc~g at the southeast corner of sa~d Traa "C~ run S66~5'53~V along the southerIy
line of sa~d Traa 'C~ and the northerly Hght-of-way l~ne of Arbor Boulevard for 100.16 feet
to the POINT OF BEGINNING; thence cont~ue along sam line S66°35'53"W 41.76 feet;
thence leaving sa~d Nne SS'7°38'5T'W 132.23 feet :o the westerly ILue of sam Traa
thence a. long sa~d line N23°24'0'~W 16.07 feet; thence NS~38'5TE 170.21 feet to the
POINT OF BEGINNING.
The above describes an area of approximately 2,319 square feet of land.
Subject to easements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, [NC.
FLO~ BUSINESS AI/ITIORIZATION NO. LB 2464
Professional Surv~or and Mapper
Florida C.e~ficate No. 5295
NOT VALID wrrHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 96.065
DATE SIGNED: ~'-z:~. ~-)
o
3106 S. HORSESHOE DRIVE · NAPLES. FLORIDA 34104 · (941) 643-2324 · FAX (941) 643-1143
120
1
EASEMENT
THIS
entered
/ .
EASEMENT, made and into this day of /-// ,
1997, by Vineyards Development Corporation, a Florida corporation, whose/mailing
address is 98 Vineyards Boulevard, Naples, Florida 34119, its successors and
assigns, as Grantor, to COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its
successors and assigns, as Grantee.
VVITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other
valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive easement for drainage purposes on the following described
land located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions and reservations of record.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to
enter upon said land to place, excavate and take materials for the purpose of
constructing, operating and maintaining drainage thereon.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date first written above.
W~'fiess u.~.~'~,~/ A.
VINEYARDS DEVELOPMENT
CORPORATION
Michel ~aadeh
President & CEO
County of Collier }
State of Florida }
The forec~oing instrument was acknowledged before me on the ~,~ '// day of
_'-('-'~? ~/ , 1997, by Michel Saadeh, President & CEO, of Vineyards
DeveloprrCent Corporation, a Florida Corporation, who is personally known to me.
COASTAL
ENGINEERING
CONSULTANTS
INC
EXHIBIT A
AUGUSTA FALLS
PROPOSED 15' WIDE DRAINAGE EASEMENT
DESCRIPTION
A fifteen (i5) foot strip of land lyi~ ia that part of Tract 'C of Augusta Fails, a subdivision
recorded in Plat Book 27, Pages 51 and 52 of the Public Records of Collier County, Florida
being described as follow~:
Commencing at the southeast comer of said Tract 'C' run S66°35'53'W along the southerly
line of said Tract "C' and the northerly right-of-way line of Arbor Boulevard for 100.16 feet
to the POINT OF BEGINNING; thence continue along said line S66°35'53%V 41.76 feet;
thence leaving raid llne S87°38'5~ 13233 feet to the westerly line of said Tract 'C';
thence along said line N23°24'07~/ 16.07 feet; thence N87°38'57"E 170.21 feet to the
POINT OF BEGINNING.
The above descn"oes an area of approximately 2.319 square feet of land.
Subject to easements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, [NC
FLO~ BUSIN~ A__UTHORIZATION NO. LB 2464
Professional Surveyor and Mapper
Florida Certificate No. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 96.065
DATE SIGNED: ~-z~. ~?
-/
3106 S. HOI',GESHOE DRIVE ,, NAPLES, FLORIDA 34104 * (941) 643-2324 · FAX (941) 643-1143
0000000o
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JL~30-'l~ 15:55 PR~ Ult~fY~;~P5 [~L~fLG~ ~0 1215~193
2221019 OR: 2342 PG: 3068
13C01~I~ in OfHCI~. I~001~ o! ~lU. ln (:~J11, t
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SUBORDINATION
THIS SUBORDINATION given this 5c'r~ day of -] ~, ,t ~,1997, by First
Union National Bank f/k/a Fidelity Bank, National Assoc]atJon, ("13anK"}, ~n favor ot
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, its
succeGsors and assigns, whose mailing address i.q 3.301 Tamiami Trial Fsst. N,aple.~.
Florida 34112 ("Collier County").
WITNESSETH
WHERFAS, Bank is the owner and holder of the secured instruments listed on
Exhibit A which is hereby incoq3orated by reference (collectively, the "Mortgages")
encumbering the premises legally described therein (the "Encumbered Property,; and
WHEREAS, Collier County has requested and received from the fee simple
owner of the Encumbered Property a conveyance of an easement for drainage (the
"Easement") over, under, on and across a portion of the Encumbered Property legally
described in Exhibit B attached hereto and incorporated herein, by virtue of this
~eference (the "Property"); and
WHEREAS, Collier County has requested that Bank subordinate the Mortgages
lo the interest that Collier County has in the Property to which request Bank has agreed.
NOW. THEREFORE, in consideration of Ten Dollars ($10.00) and other good
and valuable consideraUon, the receipt and suffmiency of which are hereby
acknowledged, the Bank does hereby subordinate the lien held by il. as represented by
the Mortgages to the rights held by Collier County by virtue of the Easement. This
subordination shall run only to the Property and only in favor of Collier County or any
other related govommcntal entity; it being expressly intended that except as subordinat-
ed to Collier County, the Mortgages shall remain otherwise in full f~ce and effect.
IN WITNESS WHEREOF, the undersigned has executed this Subordination on
the date first written above.
Commonwealth of PeMnsylvania }
FIRST UNION NATIONAL BANK f/k/a
FIDELITY BANK, NATIONAL ASSOCIATION .....
TI~ foregoing instrument wa acknowled ed before me on the /5~ day uf
Union National Bank f/Wa Fidelity Bang, National Association, who is ~ersonalht
known to me or who produced ~
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fobert~levmiop~vdc~drainage~ub ~Y' / _ 5: ~':! ' '
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]UN-3i~-lU/~? 15:b7 PF~.II'I UIh~YP~,TD~ D~.UELDP lO
12C
0
TOT~:&.
OR: 2342 PG: 3070
12C 1
COASTAL
ENGINEERING
CONSULTANTS
INC
AUGUSTA FALLS
PROPOSED 1,9 WIDE DRAINAGE EASEMENT
DF.,SCRIF~ON
A fif~ee,~ (~ .~) foot sWip of land lying in that part of Tract 'C' of ~ Fal~ a sulxlivision
recorded in Plat Book 27, Pages $1 and 52 of thc Public Records of Collier Courtly, Florida
Coum~cin~ at thc southc~'t cor~'r of m/d Tract "C ~ ~Y~3~ ~ ~ ~r~
1~ of ~d T~a '~ ~d ~ ~ly ~t~f-~ 1~ of ~r ~ for 1~.16 f~
w ~e ~ OF B~G; ~e~ wn~e do~ ~d ~e ~5~ 41.7~ f~q
~ ~ ~d ~ ~5~ ~ f~t ~ ~ ~ ~ of ~d T~ ~
~en~ ~ong ~d ~ N~'~ 1~ f~t; ~ N~~ 1702.1 ~t ~ ~
~ OF BEG~G.
The above de,scribes an area of a~rc~cimately 2~319 square feet of land.
Su~rjea w ea.~men~, r~u-i~/om md rc~crvafion~ of r~cord.
COASTAL ENG~G CONgULTAN'I~, INC.
FLOR]I~ BUSINF.~ AUTHORIZATION NO. LB
Professional Surv~or and Mapper
Fbrida CertiSca~e No. 5295
NOT VALID WITHOUT THE SIGNATURE AND
TI.I~ ORIGINAL RAISED gF_,AL OF A FLORIDA
LICENSED SURVEYOR AND
CBC FILE NO.
DATE SIGNED: .r-z3'. ~-~
3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (94I) 643-2324 ,' FAX (941) 643-I 143
ROBERT F. ROGERS
Attorney At Law
98 Vineyards Boulevard
Naples, Florida 34119
(941) 353-1973
FAX (941 ) 455-5057
July 2, 1997
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Re: Easement Dedication
Ladies/Gentlemen:
This opinion is only for the sole and exclusive use of the above addressee.
I have examined record title for the property identified on attached Exhibit A and the
property is presently owned by Vineyards Development Corporation and First Union
National Bank f/~Ja Fidelity Bank, National Association has a secured interest in the
property. All of First Union National Bank's (f/Ida Fidelity Bank, N.A.) secured interest
have been subordinated to the interst of Collier County described on the
Subordination attached as Exhibit B.
RFR:Id
enclosures
roberttdevelop\vdc~3pinion.let
Sincerely,
~o~e~F. Rogers
COASTAL
ENGINEERING
CONSULTANTS
INC
EXHIBIT A
12C 1
AUGUSTA FALLS
PROPOSED 1~ WIDE DRAINAGE F. AS~
DESCRIPTION
^ fifteen (15) foot strip of land lying in that part of Tract "C' of Augusta Falh, a subdivision
recorded in Plat Book 27, Page$ 51 and 52 of the Publ/c Records of Collier County, Florida
being de. scn'oed as follows:
Commencing at the southeast corner of said Tract "C' nm S66~35'53~t' along the southerly
line of said Tract 'C' and the northerly fight-of-way l/ne of Arbor Boulevard for 100.16 feet
to the POINT OF BEGINNING; thenc~ continue along said line S66035'53'W 41.76 feet;
thence leaving said line S87°38'57~/ 13223 feet to thc westerly line of said Tract
thence along said line N23°24'0T~ 16.07 feet; thence N8'7°38'5~ 170.21 feet to the
POI2qT OF BEGINNING.
The above dcscn'be$ an area of approximately 2,319 square feet of land.
Subject to easements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, INC.
Professional Surveyor and l~pper
Florida Certificate No. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 96.065
DATE SIGNED: .c-z:r.
3106 S. HORSESHOE DRIVE * NAPLES. FLORIDA 34104 *, (941) 643-2324 *, FAX (941) 643-I 143
/
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SUBORDINATION
THIS SUBORDINATION given this__,~'~' day of ,./c~ J~ ~'. _,1997, by First
Union National Bank f/Ida Fidelity Bank, National Assoc~atJon, ("BanK"), in tavor ot
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, its
succe~sor~ and assigns, whose mailing addres~ i.~ :2,301 T~miami Trial F~=.st, N~ple.,~,
Florida 34112 ("Collier County"}.
WITNESSETH
WHERFA.C~, Bank is the owner and holder of the secured instruments listed on
Exhibit A which is hereby incorporated by reference (collectively, the "Mortgages")
encumbering the premises legally' described therein (the "Encumbered Property"); and
WHEREAS, Collier Count7 has requested and received from the fee simple
owner of the Encumbered Property a conveyance of an easement for drainage (the
"Easement") over, under, on and across a portion of the Encumbered Property legally
described in Exhibit B attached herelo and incorporated herein, by virtue of this
feferer~e (the "Property"}; and
WHEREAS, Collier County has requested that Bank subordinate the Mortgages
to the interest that Collier County has in the Property to which request Bank has agreed.
NOW, THEREFORE, in consideration of Ten Dollar~ ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Bank does hereby subordinate the lien held by it as represented by
the Mortgages to the rights held by Collier County by virtue of the Easement. This
subordination shall run only to the Property and only in favor of Collier County or any
other related govommcntal entity;, it being expressly intended that except es subordinat-
ed to Collier County, the Mortgages shall remain otherwise in full force and effect.
IN WITNESS WHEREOF, the undersigned has executed this Subordination on
the date first written above.
FIRST UNION NATIONAL BANK f/k/a
FIDELITY BANK, NATIONAL ASSOCIATION
Commonwealth of Per~nsylvania )
TI~ roregotng Instrument wa~ acknowledged before me (m the
kUnownnion N. ational I~.k f/k/a Fidelfty B~_ n)<, National Association, who is pemonally
to me or who produced
.. ·
L ",
TOT~L. P. ~
120 I
COASTAL
ENGINEERING
CONSULTANTS
INC
AUGUSTA FALLS
PROPOSED 1~ ~/Dg D~E
A ~'tee~ (15) foot st~'iP of land ly~n~ In that pm-t of Tract .C. ofA.u~nsta ya~, a subdivision
~.corded in Plat Book 27, Pat~ $1 and 52 of the Public Record~ of CoR~r County, Florida
Commencing at ~¢ sovth~ast corn~- of said Tntct "C" n~n S66~5'53"W ,tong th~ southerly
lithe of r~ld Tract 'C' ~nd the northerly r~ht-oi'-v~y line of Arbor Boulevard for 100.16 feet
to the POII~T OF SEGI~flNG; thence con,hue a~ong sa~d lb~ S66~5'53'W 41.76 feet;
t~ence leaving said ~ ,~/~$'STW 1~2.23 fe~t to the v~terly ~ of sa~d Tract %";
thenc~ along ~.[d ~ NZ3~24'07"W 1~.0'/feet; tl~nce N~57~E 170.21 fcct to thc
POINT O1: BEGI~q~G.
~ ~ove desa-R~ aa area o[ nppro.~nately 2,3:I9 ~ta~e feet of bad.
Sub, oct to e.n.~men~, rc~'lct~om ,,,,d rc~¢rvatior~ of record.
Profcr~on~l Surveyor ~nd
Flor~d~ Cert~ca~ No. 5295
NOT VALID WITHO~ THE SIGNATURE AND
TII~ ORIGINAL IL~J~D
I.rCENSED SURVEYOR
CEC FR.E NO.
3106 S. HORSESHOE DI?IVE · NAPLES, FLOR/DA 34104 · (941) 643-2324 ,' FAX ('941) 643-I 143