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Resolution 1995-329 eae~ -..=.. QHEREAS, pursuant to Section 177.101, Florida Statutes, John F. Mad8jew8kl,;~~ Sa as agent for owner, Sterling Oaks Joint Venture, does hereby request the ~~ vacation of a drainage easement located on a portion of Lots 83 and 84, Tract E ~ ~ ~ "-...J! . 12C l' RESOLUTION NO. 95-~ RESOLUTION FOR PETITION AV 94-023 TO VACATE A DRAINAGE EASEMENT LOGATED ON A PORTION OF LOTS 83 AND 84, TRACT E ON THE PLAT OF STERLING OAKS, AS RECORDED IN PLAT ROOK 23, PAGES 5-20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FWRIDA. 8S shown on the plat of Sterling Oaks, as recorded in Plat Book 23, Pages 5.20, of the Public Records of CollIer County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating . 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, that the following be and is hereby vacated: The 15 foot drainage easement on Lots 83 and 84, Tract E on the Plat of Sterling Oaks, as recorded in Plat Book 23, Pages 5.20, of the Public Records of Collier County, Florida, and depicted on the 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 this Resolution in the Public Records of Collier County, Florida and to make proper notations of this vacation and acceptance of a replacement easement on said plat. :. This resolution adopted after motion, second and majority vote favoring same"","" ~~~~;~~k .ATTEST:'. " :,,'-D:W~G,HTE' BROCK'B "'~, 'V, ' "'''''--',;' <?{..:JJ(' , "C~! . ", ,I . ". ,.', '.,' A~_prov_ed"aB "to"form and ~eg~l.s~fi~c~e~:y: '~ J'" N'/hk 1/1 /: 1....--... He di F. Ashton Assistant County Attorney By: ISSIONERS ~ RIDA ~ "'t , Chairman d Sa ~_I-"' _ _ 'D ~ -.J =i~ we C>"O':' Iii:::l~:'i, !~~', Sa" " !'" ,...""" _ c:> 20 'D ~_ en e~~ == .. l;j _ c:> ;.l !!l a - - :.. - Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers _ Land Surveyors _ Planners 12C Q. GRADY MINOR. P.E. MARK w. MINOR. P.E. C DEAN SMITH, P.E. 1 ALAN v, ROSEMAN ROBERT W. THINNES, A.LCP, ERIC v. SANlXlV AI. P.LS. LEGAL DESCRIPTION STERLING OAKS DRAINAGE EASEMENT A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, AND BEING A PORTION OF LOTS 83 AND 84 OF TRACT "E" OF STERLING OAKS SUBDIVISIJN ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 84, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SILVERSTRAND DRIVE, THENCE RUN ALONG A CIRCULAR CURVE CONCAVE TO THE EAST WHOSE RADIUS POINT BEARS N 80007'25" E, ~ DISTANCE OF 50.00 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 11040'25", SUBTENDED BY A CHORD OF 10.17 FEET AT A BEARING OF S 15042'48" E, FOR A DISTANCE OF 10.19 FEET TO THE END OF SAID CURVE; THENCE RUN N 77057'50" W FOR A DISTANCE OF 33.65 FEET, THENCE RUN S 89010'35" W FOR A DISTANCE OF 83.15 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE EAST, WHOSE RADIUS POINT BEARS N 85035' 14" E, A DISTANCE OF 163,04 FEET THEREFROM; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO 'l'HE RIGHT, HAVING A RADIUS OF 163.04 FEET, THROUGH A CENTRAL ANGLE OF 12018'24", SUBTENDED BY A CHORD OF 34.95 FEET AT A BEARING OF N 01044'26" E, FOR A DISTANCE OF 35.02 FEET TO THE END OF SAID CURVE; THENCE RUN N 89010'35" E FOR A DISTANCE OF 7.59 FEET; THENCE RUN S 04037'48" W FOR A DISTANCE OF 20.01 FEET; THENCE RUN N 89010'35" E FOR A DISTANCE OF 77.89 FEET; THENCE RUN S 77057'50" E FOR A DISTANCE OF 28.62 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SILVERSTRAND DRIVE, ALSO BEING A POINT ON A CIRCULAR CUR\~ CONCAVE TO THE EAST, WHOSE RADIUS POINT BEARS N 87022'11" E, A DISTANCE OF 50.00 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 07014'46", SUBTENDED BY A CHORD OF 8.32 FEET AT A BEARING OF S 06015'12" E, FOR A DISTANCE OF 6.32 FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING, CONTAINING 1,878 SQUARE FEET, MORE OR LESS. BEARINGS REFER TO THE SOUTHERLY LINE OF LOT 84 AS SHOWN ON THE AFOREMENTIONED PLAT OF STERLING OAKS, AS BEING S 89010'35" W. (813) 947-1144 . FAX (813) 947-D375 3800 Via Del Rey . Bonita Springs, Florida 33923 C> ::a -- "'" c:> 0.0 en ..., Cl ...... ~ "'" ...... .. ~' ,'ix;;18ifr:A~~n~ 12C'1<'~ THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF RECORD. Q. GRADY MINOR' ASSOCIATES, P.A. SIGNED /1 ~t( ERIC V. SANDOVAL STATE OF FLORIDA L.S. .5223 F:SUR'VEY\&EVAC PAGE 2 OF 2 ~ .. ~ c:> \,Q en ~ .. - -.:lI ~ ~ " :-::>:>: '''"... EYJ..//8/r A" PAG,E. 3 of 3 ""'I " t;\ ", ~ ~ ~ ~ ... ~ ..j Q 1:5" .., " :;i" ,.,=> ~ ~~ ~~ <> ~ "<"", '>: '" "'Q ::,i:j '"'~ ~ '" '" "'.., ~ ~ ~~ '" '<:~ ... ~ ~ ~).: ....:li "- ~ ~~ ~). i ~ ~e ~ ~~ <> '" ~e; <> ~~ .. C'l :3 E '" "8 i::'" is il;" !g ~ it!~ " ~ ~~ '" ~ ~ , , y,- ~~ . ~.~ , ~.; '" ... " ~ " " ;; ;,'! Q .. b ... ~ '" ~t"")23 ::J~~ i5>-'~ .....~~~i1i ;:l: ....:;:J~ ~~:.1~~ L.t.:i.....Q.,.n..~ (fi Q:;)::t:. ~::i::-': ~oIll~~~ ",l;l~"'8 <.:i","'1(J "<'"'~<>ei ~:.l"'O::3 ~~~~e -z__ '" - .. :J . ~ !\'ibi .. '" i w I ~. " '1 L() co '<: .. '" .. c( 0: ~ C/J' ~ I ... ~ .. [:; '" 0: ::; :::, ~ ..,. '-' '" ... a '" .. ~ C/J '" 0: ~ C/J ~ .., .., CO "'" .. '" '" '" ~ . .., ~ .., <::: '" :.; .., ... a 0: c ~ '" c oj .... '" '" <> ... '" .., / .... - ~ >- t.> g; ~ N / q to '<: CO e:: .., ;:: '-" E;: I t; SO c /, <::i- ., ,;:; / e . /- 'yC:J " " . '- ~ ~ ./: ~ ~ ~ // . . 5 " ~ i ~ ./ ~, ~ . - --- o '0 ,- 3^IHO 5)\"4 / z - : - ------ I- () <: " 0:: " l- t; .. .., "I, ,~ ~t 1t ,.' '~ .'''. '> ') . ~.J~ ~"il:' c::o".,:. '-D ..:~ ~.,,;.~ ~<:.~;. _.. .1 :". o-A' ......:t:"',' . ~ ., c.....' ~'.""> ---- --- o 6: 6 6tH/8/T 8 PA~"-' / oF4- 12c 1 OR: 2096 PG: 1724 Document Prepared By. Dennis P. Cronin, Esquire BOND, SCHOENECK k KING, P.A. 1167 Third Street South Naples, Florida 33940 DRAINAGE EASEMENT /~" ) l THIS EASEMENT, granted this ,,' day of . ') /,i, I , 1995, I j___ by WESTBURY CYPRESS HEAD, INC., a Florida corporation, duly authorized managing partner of sterling Oaks Joint Venture f/k/a Cypress Head Joint Venture, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, ("County"), and STERLING OAKS COMMUNITY ASSOCIATION AND CLUB, INC., a Florida non- profit corporation, ("Association"), as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a drainage easement on the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining drainage facilities thereon. Association by its acceptance of this drainage easement agrees to maintain the drainage facilities and to accept all direction of the , .f . .- -:~.. .'.1. ;;.~ ~ i' .)' ~ j :oJ, ti '15 ~ "~ \~ - f, ~ 1O .~, ,ji .~ ~,. i>!i < .~ ~ ~~ ,;<~ . ., .. ,,' ., J , '11 ", :~ ~ ':t '-;i :'1 .> Ex/.utS/1 I'!> PA4f.< Z. oF' 4 12C l' county regarding the drainage easement. Association agrees that it will, to the extent reasonable and possible under the circumstances, use care in performing work within the properties encumbered by this easement. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ~;11~ Sterling Oaks Joint Venture f/k/a Cypress Head Joint venture, a Florida general partnership, by its authorized managing partner, Westbury cypress Head, Inc., a Florida corporation /~~-~ :~ I-JI y: cee, , - DaV1d N. Sexton, V1C {i- .l-0'2--- Pres1dent Ci~nc):~.(: :.~. Printed Name /. />. b:#iU~ (k~TL ness 1RUDY A. SMITH Printed Name OR: 2096 PG: 1725 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this ~ day of 1Y7,)# ' 1995, by David N. Sexton, as Vice President of Westbury cypr~s Head, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me. ( No /: a:\easement.84(ts) , .... '$ :~ ',0': ::..t ,~ ,~ .c -~ ".. .:i " , ~'l - ; ~j1 .,.....~ ,.'. ,,- ~ '1't. ;~ ~ ..' -, it:, iI ,~ .~, Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers _ Land Surveyors _ Planners Cx/.JI/8r,. ~ PAc,.t;; 3 oF' 4 Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. LEGAL DESCRIPTION 12AS V. RIEMAN ROBERT W. THINNES, A.LC.P. ERIC V, SANDOVAL. P.LS. STERLING OAKS DRAINAGE EASEMENT (DWG #B-582) A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING A PORTION OF LOTS 83 AND 84 OF TRACT "E" OF STERLING OAKS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 84, ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SILVERSTRAND DRIVE, AND A POINT ON A CIRCULAR CURVE CONCAVE TO THE EAST, WHOSE RADIUS POINT BEARS N 80007'25" E, A DISTANCE OF 50.00 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 11040'25", SUB TENDED BY A CHORD OF 10.17 FEET AT A BEARING OF S 15042'48" E, FOR A DISTANCE OF 10.19 FEET TO THE END OF SAID CURVE; THENCE RUN N 77057'50" W FOR A DISTANCE OF 33.65 FEET, THENCE RUN S 89010'35" W FOR A DISTANCE OF 83.15 FEET TO A POINT ON A CIRCUh~ CURVE CONCAVE TO THE EAST, WHOSE RADIUS POINT BEARS N 85035'14" E, A DISTANCE OF 163.04 FEET THEREFROM; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 163.04 FEET, THROUGH A CENTRAL ANGLE OF 12018'24", SUBTENDED BY A CHORD OF 34.95 FEET AT A BEARING OF N 01044'26" E, FOR A DISTANCE OF 35.02 FEET TO THE END OF SAID CURVE; THENCE RUN N 89010'35" E FOR A DISTANCE OF 4.73 FEET; THENCE RUN S 11059'54" W FOR A DISTANCE OF 13.49 FEET; THENCE RUN S 78000'.06" E FOR A DISTANCE OF 47.85 FEET; THENCE RUN N 82052'32" E FOR A DISTANCE OF 35.10 FEET; THENCE RUN S 77057'50" E FOR A DISTANCE OF 28.62 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SILVERSTRAND DRIVE, ALSO BEING A POINT ON A CIRCULAR CURVE CONCAVE TO THE EAST, WHOSE RADIUS POINT BEARS N 87022'11" E, A DISTANCE OF 50.00 FEET THEREFROM; THENCE. RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 07014'46", SUBTENDED BY A CHORD OF 6,32 FEET AT A BEARING OF S 06015'12" E, FOR A DISTAl,CE OF 6.32 FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING, CONTAINING 1,800 SQUARE FEET, MORE OR LESS. BEARINGS REFER TO THE SOUTHERLY LINE OF LOT 84, TRACT E OF STERLING OAKS, AS BEING S 89010'35" W. THIS PROPERTY IS SUBJECT RESTRICTIONS.. OF . RECORD. . ".' ::-> ":1'" ',' .,:' ,1. ~oO......" ~ (.I .,.., Q. ~Y.MIN:t:R..t:rOCIATES' t?"~'" ''''. .' ",., . .'-: -...:',)4 "1/~"..~"':":,,< 7k p'" \". ";,.- ERIC V. SANDOVAL .: 'STATE' OF F:SURVEY\86EV"~ ' ": . : , :' "'~'_1 ~~""'C p" .,,;: ..)l.,.... , . ';', ,,'. i, IT:' '1'\, , "'\"" .~. ~::. AND/OR TO EASEMENTS, RESERVATIONS P.A. SIGNED 4 4 ')5 P.S.M #5223 FLORIDA , . .'." \ '. . ',1,-' ..,......, ", ,,;,,,.." . ';"f'.'!."'';'~''~A..h~. ".:," (813) 947.1144 . FAX (813) 947'{)375 3800 y'ia Del Rey . 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