Resolution 1995-186
RESOLUTION NO. 95-
136
16 H 8
A RESOLUTION OF THE B'JARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLCRIDA
APPROVING AND AUTHORIZING THE CHAIRMAN TO
EXECUTE ONE (1) DECLARATION OF EASEMENT FOR
PROPERTY OWNED BY COLLIER COUNTY WHICH WILL
BE UTILIZED FOR ROAD RIGHT-JF-WAY, DRAINAGE,
UTILITY, AND MAINTENANCE PURPOSES.
WHEREAS, the Board of County Commissioners approved Resolution No.
94-8 authorizing staff to acquire the right-of-way necessary to
construct intersection improvements at U. S. 41 and Vanderbilt Beach
Road under CIE proj ect No. 42 (from the intersection of U. S. 41 to the
western limits of the Pavilion Shopping Center); and
WHEREAS, the Board of County Commissioners approved Resolution No.
94-761 authorizing staff to acquire the right-of-way necessary to
construct the Vanderbilt Beach Road improvements under CIE Project No.
23 {from U.S. 41 to Airport-pulling Road (:.R. 31)); and
WHEREAS, Collier County owns in fee simple the North Collier
Library Branch located on Vanderbilt Beach Road; and
WHEREAS, Coral Ridge-collier Properties, Inc. previously conveyed
the North Collier Library Branch by Quit Claim Deed recorded in the
O.R. Book 909, Page 1081, et seq., in the Public Records of Collier
County, Florida, for use as a library, with no reference to a portion
of the property being utilized as road right-of-way; and
WHEREAS, the legal description and sketch for Parcels III is for
road right-of-way, drainage, utility and ~aintenance purposes for the
portion of property known as the Collier North Branch Library; and
WHEREAS, the above-stated uses are not identi f ied in the Publ ic
Records of Collier County, Florida; and
WHEREAS, Collier County wants to identify those above-stated uses
in the Public Records of Collier County, Florida; and
WHEREAS, it is the intent of Collier County to reflect that
Parcel 111 shall be utilized for the above-stated purposes when any
portion of the road and associated improvements on Vanderbilt Beaoh
(from junction Gulf Shore Drive to junction U.S. 41) may be approved by
the Board of County Commissioners for construction; and
WHEREAS, the recordation of the Declaration of Easement in the
Public Records of Collier County, Florida .'ill place the pUblic and all
interested parties on notice as to the stated uses of the County-owned
properties.
NOW, THEREFORE, BE IT RESOLVED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLCRIDA, that:
BOARD OF COUNTY
1. The Declaration of Easement shown in Exhibit "A", attached hereto
and made a part hereof, for the uses stated herein is hereby
approved.
2. The Chairman of the Board of County Conmission,-rs has been
authorized to execute the Declaration of Easement.
3. Staff has been authorized to record same in the Public Records of
Collier County, Florida.
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16 H 8'
second and majority vote.
This Resolution adopted after motion,
DATED:
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BOARD OF COUNTY
COLLIER COUNT ,
BY:
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Approved'as'to form and
legal SUfficif~cy:
Jj0_ri ,1 j{yk.--
He~d~ F. Ashton
Assistant County Attorney
Project:
Parcels:
16 H 8
Vanderbilt Beach Road
111
EXHiBiT
Pa!=Je J.
"A"
of :~
DECLARATION OF EASEMENT
THIS DECLARATION is made this -1 day of ~ ~ _
199,5': by COLLIER COUNTY, a political "ubdivision of the State
of Florida, having a mailing address of 3301 Tamiami Trail
East, Naples, Florida 33962, hereinafter referred to as
"Declarant."
Declarant is the owner of certain real
situated in Collier County, Florida, more fully
below, hereinafter referred to as the "Property."
property
described
See Exhibit "A", attached hereto and
incorporated herein by reference.
Declarant hereby declares that the Property is and
shall be held, transferred, sold, convmyed, used, and occupied
in accordance with and subject to a non-exclusive easement and
privilege to enter upon, construct, and maintain roadway,
drainage and utility facilities on the Property as contained in
this Declaration and described in Exhibit "A", hereinafter
referred to as the "Easement. II
The Easement, as set forth in this DeClaration, shall
bind, and the benefits thereof shall inure to Declarant and its
representatives, agents, successors, and assigns.
IN WITNESS WHEREOF, Declarant has caused these presents
to"be,Ejxecuted the date and year first above written.
. ,I', . '//
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ATTEST:
, :DWIGHT E.
BOARD OF COUNTY COMMISSIONER
OF COLLIER COUNTY
BY: Lr=-
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BRaCK, Clerk
:~ ,BY~//~/~~ ~/.
. /" '. Dep er
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Approved as to legal
form and sufficiency:
Nw-L -jA~~j1
Heidi F. Ashton
Assistant County Attorney
'.
"A"
of .3.
EXHIBI T
Page .~
EXHIBIT "A"
Page 1 of' 2
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16 H
8
PROJECT: NO, ~
PROJECT PARCEL NO:
TAX PARCEL NO.
SECTION JJ, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA
DESCRIPTION OF RIGHT-OF-WAY PARCEL:
SEE SHEET 2 OF 2
SKETCH OF RIGHT-OF-WAY PARCEL (NOT A SURVEY)
LINE DATA
L1 N 80'08'20"W JOO, 00
L2 5 09'51'40"W 17,50
LJ S 80'08'20'[ 10J,S9
L4 5 09'SI'40.W 5,00
LS 5 80'08'20"[ 19S,JI
LS N 09'51'40"[ 22,50
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8: Q,R. 73J8,
~ PGS. 50-64
P,O,C.
[AST f CORN[R
SECTION JJ
C " 7'OIINSHIP 48 soum
''T. C-S62 ~ RAIIGE 25 EAST
/J~ (100 R,O Iv.
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2
L"J:
;';oupnUIY L
OSeO
eASeMeNT
TRACT 'c'
OU1PARCa
IS' COUNTY UTlUTY
o SEMEN T
OR. 1695, PG. 14~A.
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BfARlNGS AR[ BASED ON m[ SDUm[RLY RIGHT-Or-WAY UNE OF VA'NOfRBILT
B[ACH ROAD B[ING S BO'OB'20' [ AS SHOIIN ON mE Pu'T or PEUCA UNIT TF:N,
AS RECORDED IN PLAT BOOK 15, PAGES 64-67 PUBUC RECOROS. COW TY, FLORIDA,
P,O,B, = POINT OF BEGINNING '
PREPARED BY: P.O,C, - PDINT OF COMMENCEMENT RIGHT-OF-WAY
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Prof~~.~_~.efW: !1a~~~: ~.1a.~ ~UJ'W~ '.... ....._~.,'
BY:
CH J. OUNBAR, P.L.S. NO. 4096
SCALE: ' .
DRAWN 8 DATE: SFPT ,:\ 19Q4
(";HFT1<F[') Y CJO PROJECT NO.: -H5_9_
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EXHIBIT "A"
Page 2 of 2
PROJECT: NO, :W::
PROJECT PARCEL NO:
TAX PARCEL NO,
SECTION 33, TOWNSHIP 48 SOUTrI, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA
DESCRIPTION OF RIGHT OF WA Y PARCEL:
ALL THAT PART OF SECTION JJ, TOWSHIP 48 SCUTH, RANCE 25 EAST,
COWER COUNTY. FLORIDA. BEING MORE PARTlCULARL Y DESCRIBED AS
FOLLOWS:
COMME:NCING A T THE EAST QUARTER CORNER OF SAID SE:CTloN JJ; THENCE
SOUTH 00'J7'J8" EAST ALONG THE EASTERL Y LINE OF SAID SECTION
J3, A DISTANCE OF 119.47 FE:ET TO AN INTERSE:CTlON WITH THE
E:ASTERL Y PROLONGA TlON OF THE: SOUTHERL Y RIGHT-OF - WA Y LINE: OF C.R,
862 (VANDERBILT BEACH ROAD); THENCE NORTH 80'08'20" WEST ALONG
SAID EASTERLY PROLONGA TlON A DISTANCE OF 152.55 FE:ET TO AN
INTERSE:CTlON WITH THE: WESTERLY RIGHT-OF-WA Y LINE OF U,S, 41
(TAMIAMI mAIL) SR. 45; THE:NCE: NORTH 80'08'20" WEST ALONG THE:
SOUTHERLY RIGHT-OF-WAY LINE: OF C,R, 862 (VANDE:RBILT BE:ACH ROAD) A
DISTANCE: OF 960.00 FE:ET TO THE: NORTHE:ASTERL Y CORNER OF THOSE:
LANDS oE:SCRIBED IN OFFICIAL RE:CoRo BOOK 909, PAGE:S 10Bl-10BB.
PUBLIC RE:CORDS OF COWER COUNTY. FLORIDA, SAID CORNER BE:ING THE:
POINT OF BE:GINNING OF THE: PARCEL HE:RE:IN BEING DESCRIBED;
THE:NCE CONTINUE: ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH
80'08'20" WEST 300.00 FEET TO THE: NoRTHWESTERl. Y CORNER OF
SAID LANDS;
THENCE LE:AVlNG SAID SOUTHE:RLY RIGHT-OF-WAY LINE SOUTH
09'51'40" WEST ALONG THE: WESTERLY LINE: OF SAID LANDS A
DISTANCE OF 17.50 FE:ET;
THENCE LE:A VlNG SAID WESTERLY LINE: SOUTH 80'08'20" E:AST
103.69 FE:ET;
THE:NCE SOUTH 09'51'40" WEST 5,00 FE:ET;
THENCE: SOUTH 80'08'20" E:AST 196,31 FEET TO AN INTERSECTION
WITH THE E:ASTERL Y LINE: OF SAID LANDS;
THENCE NORTH 09'51'40" EAST ALONG SAID EASTERLY LINE: A
DISTANCE: OF 22,50 FEET TO THE: POINT OF BEGINNING OF THE
PARCEL HERE:IN oE:SCRIBEo;
CONTAINING 6,232 SQUARE: FEET OF LAND MORE: OR LESS;
SUBJE:CT TO E:ASE:ME:NTS AND RE:SmICTlONS OF RE:CORo.
BEARINGS ARE BASED 01/ THE SOUTHERLY RIGHT-OF'-WAY UNE OF VANDERBilT
BEACH ROAD BEING S 80'08'20. E AS SHO'ItN ON 'THE Pl.A T OF PEt/CAN SAY. UNIT TEN,
AS RECORDED IN PI-loT BOOK 15, PACES 6~-67 PUBUC RECOROS, COWER OUNTY, FlORIDA.
PREP AREa BY:
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... oca... ,... ,-... ,.,...." lIeoUc ~ n. .... lun '''~111I
LM c-.,.~ mJ::I:Wl SHEET 2 or 2
BY:
CHAR J, OUNBAR., P.L.S. NO. ~096
SCALE:
ORA\\N BY:."lt,1L
CHECKED BY:.Llll.
nLE NO:~
DATE: SF1'T ,,, tgqi
PROJECT NO,:~
ACAO NO: .4135-'.
8
16
H
8
COT ,T .1l<':R COUNTY GOVERNMENT
DMSION OF ADMINISTRATIVE SERVICES
REAL PROPERTY MANAGEMENT DEPARTMENT
3301 E. TAMIAMI TR.
NAPLES. FL 339~----_;;;'
(813) 774.8991 .'
January 25, 1995
A CERTIFIED BLUE CHIP COMMUNITY
Mr. Louis H. Hoegsted
Executive Vice President
WCN Communities, Inc.
810 Laurel Oak Drive, Suite 500
Naples, Florida 33963-2797
Re: Collier North Branch Library
O. R. Book 909, Page 1081, et seq
Dear Mr. Hoegsted:
On March 13, 1981, Coral Ridge-collier Properties, Inc. (n/k/a
WCN Communities, Inc.), a Florida c:orporation, conveyed to
Collier County, a political subdivision of the state of Florida,
approximately 1.69 acres for the operation of a public library.
The Quit Claim Deed states that if the property is to be used
for such other public purpose, this purpose must be approved in
writing by WCN Communities, Inc.
,
,
.
"
;!
.
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.
;
Therefore, Collier County requests your written approval to
utilize a portion of the property referenced above for road
right-of-way, drainage, utility and maintenance purposes. In
addition, I will be submitting an agenda item to the Board of
County Commissioners obtaining its approval and authorization to
record a Declaration of Easement in the PUblic Records of
Collier County, Florida. (A copy of the recorded Declaration of
Easement will be forwarded to you.)
"
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:>
I have attached a copy of a proposed legal description and
sketch reflecting the portion of the property to be utilized for
the above-stated purposes. Please sign where indicated below
approving the utilization of the property for road right-of-way,
drainage, utility and maintenance purposes.
f
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,
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Mr. Louis H. Hoegsted
Vice President
WCll Communities, Inc.
January 25, 1995
Page Two
16 H
8
Date Approved: ~ - /0 - ~5"
, r-'"
JW1^A~ U '''l~~
W~tness (S~g~~r~-
(,.A-l-lR FLY. s'rrrE::i?L\!
(Pr~nt Name) ,
Inc., a Florida
Ctuu.~ Q..
(i A ~ I '" It. lU=_U? \/
(Print Name) I
Please return this letter as soon as convenient in the enclosed,
self-addressed envelope. Thank you.
( ,SinCerelY yours '-;(::'
,~---- ---<-<~.,-(~~",
Deena L. Quinn
Real Property Supervisor
Attachments: Legal Description and SkE,tch - Collier North
Branch Library
Self-Addressed Envelope
"
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"
cc:
Valdimir A. Ryziw, P.E., P.M.P., Project Manager, Office
of Capital Projects Management
Lois Nichols, Real Property Specialist
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EXHIBIT "A"
Page 1 of! 2
'16 H 8
PROJECT: NO. ~72
PROJECT PARCEL NO: L
TAX PARCEl NO,
SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA
DESCRIPTION or RIGHT-Dr-WAY PARCEh_
S~E ~HEET}, gr 2
..'_i;.;:}~~ ';. ~:.:{~~;;~,S'~:.:._"
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SKETCH or RIGHT-Dr-WAY PARCEL (NOT A SURVEY)
.-
.....,
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LINE DA TA
L1 N 80'08'20"W JOO,OO
L2 S 09'5I'40"W 17.50
LJ S BO'OB'20"E IOJ,59
L4 S 09'5f'40"W 5.00
L5 S 80'OB'20"E: 195,JI
L6 N 09'51'40"E: 22,50
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SCALE:: l' - 200'
(2
C.R. C-862
u"'Z,
(/
Q,C.
EAST f CORNER
SECTION JJ
TOI\NSHIP 48 SOUTH
RANGE: 25 E:AST
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BE:ARfNGS ARE: BASED ON THE: SOUTHE:RLY RIGHT-OF-WAY LINE: Of' VANOERBILT
SE:ACH ROAO BE:ING S 80'08'20" E: AS SHOI\N ON THE: PLA T OF PELlCA A UNIT TEN,
AS RE:COROE:O IN PLAT BOOK 15. PAGE:S 64-67 PUBUC RE:COROS, COLLI C TY, FlORIOA.
P.O,B, = POINT OF BEGINNING
PREPARED BY: P.O,C. = POINT OF COMMENCEMENT RIGHT-OF-WAY
....;\.
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PRon nUT'Y
r ~OS[O
."'5[/,([/</7
O.R. 909, PGS.
1081-1088
ffiACT .c.
OUTPARCU
15' COUNTY UTILlTf
EASEMENT
OR, 1895. PG, 1484
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EXHIBIT "A"
Page 2 of ?
'016 H 8
PROJECT: NO, ~
PROJECT PARCEL NO: I
TAX PARCEL NO,
SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA
DESCRIPTION or RIGHT-Or-WAY PARCEl.:-
ALL THAT PART Or SE:C710N JJ, TOWNSHIP 48 SOUTH, RANGE: 25 E:AST,
COLLiE:R COUNTY, rLORIDA, BE:1NG MORE: PAR71CULARL Y DE:SCRIBm AS
F'OLLOWS:
COMME:NCING A T THE: E:AST QUARTE:R CORNER Or SAID SE:CTlON 33; THENCE:
SOUTH 00'J7'38" E:AST ALONG THE: E:ASTE:RL Y LINE: Or SAID SE:CTlON
JJ, A DISTANCE: Or 119.47 rE:ET TO AN INTE:RSE:CTlON WITH THE:
E:ASTE:RL Y PROLONGA TlON Or THE: SOUTHERLY RIGHT-Or - WA Y LINE: Or C,R,
862 (VANDERBILT BE:ACH ROAD); THE:NCE: NORTH 80'08'20" WEST ALONG
SAID E:ASTE:RL Y PROLONGA TlON A DISTANCE: OF 152.55 rE:ET TO AN
INTE:RSE:CTlON WITH THE: WESTE:RLY RIGHT-Or-WAY LINE: OF U,S. 41
(TAMIAMI TRAIL) S.R, 45; THE:NCE: NORTH 80'08'20" WEST ALONG THE:
SOUTHERLY RIGHT-Or-WAY LINE: Or C.R. 862 (VANDERBILT BE:ACH ROAD) A
DISTANCE: Or 960.00 rE:ET TO THE: NORTHE:ASTE:RL Y CORNER OF THOSE:
LANDS DE:SCRIBm IN OrFlCIAL RE:CORD BOOK 909, PAGE:S 1081-1088,
PUBLIC RE:CORDS Or COLLlE:R COUNTY, -rLORIDA, SAID CORNE:R BE:1NG THE:
POINT Or BE:GINNING Or THE: PARCE:L HERE:IN BE:ING DE:SCRIBED;
THE:NCE: CON71NUE: ALONG SAID SOUTHERLY RIGHT-,')r-WAY LINE: NORTH
80'08'20. WE:ST JOO,OO rE:ET TO THE: NOR THWE:S TE:lIL Y CORNER Or
SAID LANDS;
THENCE: LE:AViNGSAID SOUTHERLY RIGHT-Or-WAY LINE: SOUTH
09'51'40. WEST ALONG THE: WESTE:RL Y LINE: OF SAID LANDS A
DISTANCE: Or 17.50 rE:ET;
THE:NCE: LE:A ViNG SAID WESTE:RL Y LINE: SOUTH 80'08'20. E:AST
10J.69 rE:ET;
THE:NCE: SOUTH 09'51'40. WEST 5,00 rE:ET;
THE:NCE: SOUTH 80'08'20. E:AST 196.Jl rE:E:T TO AN INTE:RSE:CTlON
WITH THE: E:ASTE:RL Y LINE: OF SAID LANDS;
THE:NCE: NORTH 09'51'40. E:AST ALONG SAID E:ASTE:RL Y LINE: A
OISTANCE: OF 22.50 rE:ET TO THE: POINT OF BE:GINNING OF THE:
PARCE:L HERE:1N DE:SCRIBm;
CONTAINING 6,232 SQUARE: rE:ET OF LAND MORE: OR LE:SS;
SUBJE:CT TO E:ASE:ME:NTS AND RE:STRICTlONS OF RE:CORD,
'.' .:'
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BEARINGS ARE BASEO ON mE SO\ImERLY RIGHT-OF"-WAY LINE OF VANOERBILT
BEACH ROAO BEING S 80'08'20. E AS SHOIlN ON mE PLAT OF POL/CAN BA Yo UNIT TEN,
AS RECORDEO IN PLAT BOOK IS, PAGES 6~-67 PUBUC RECORDS, COWER O\INTY, flORIDA,
PREPARED BY:
....
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Prof...1oW n,mM". p1a.nDen. It land tuntyvn
w..la om- '''00 T-'-' Trd. ~ 1kf;I-. _no ~ 1!!?1 ~!!.!!!!
ev:
CHAR
SCALE:
DR^\\N eV:-->l&L OATE: SfPT ?J 1994
CHECKED ev: ~ PROJECT NO,: 6459
~---- .~.~ \'" '~~'''',
Project:
Parcels:
Vanderbilt Beach Road
111
16H
8 4
DECLARATION OF EASEMENT
Z~ VI!
THIS DECLARATION is made this _ day of //I~
1995, by COLLIER COUNTY, a political subdivision of the State
of Florida, having a mailing address of 3301 Tamiami Trail
East, Naples, Florida 33962, hereinafter referred to as
"Declarant."
Declarant is the owner of certain real
situated in Collier County, Florida, more fully
below, hereinafter referred to as the "Property."
property
described
See Exhibit "A", attach eel hereto and
incorporated herein by reference.
Declarant hereby declares that the Property is and
shall be held, transferred, sold, con'lE!yed, used, and occupied
in accordance with and subject to a non-exclusive easement and
privilege to enter upon, construct, and maintain roadway,
drainage and utility facilities on the Property as contained in
this Declaration and described in E>:hibit "A", hereinafter
referred to as the "Easement."
The Easement, as set forth in this DeClaration, shall
bind, and the benefits thereof shall inure to Declarant and its
representatives, agents, successors, and assigns.
IN WITNESS WHEREOF, Declarant has caused these presents
to be executed the date and year first above written,
'.!
ATTEsn:;/) _
DWIGHT E. JSROCK, Clerk
, '.."'~~
Bi~n~o : ~. /
. " ,c. De ,:,ty lerk
-
BOARD OF' COUNTY COMMISSIONERS
OF COLLIER UNTY
BY:...L-
~'eJ,
",.,"
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: \I ~ ;: ....
Approved' as to legal'
form and sufficiency:
/
(LIlt -jA~'{I,i1
Heidi F, Ashton
Assistant County Attorney