PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 23RD DAY OF JANUARY, 2008. arnett, Mayor Tara A. Norman City Clerk zi: \REF\CCUNCIIARES\2008\08-11919 Robert D. Pritt, City Attorney Book 131 • Page /6 Agenda Item 8-f(1) Meeting of 01/23/08 RESOLUTION 08-11919 A RESOLUTION ACCEPTING THE DEDICATION OF A PUBLIC PARK EASEMENT ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANDPIPER STREET AND FIFTH AVENUE SOUTH, MORE PARTICULARLY DESCRIBED HEREIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, consistent with the Planned Development documents adopted by Ordinance 04-10570, Antaramian Capital Partners, LLC, a Florida limited liability company, desires to dedicate a public park easement on property located at the southeast corner of Sandpiper Street and Fifth Avenue South and along the east side of Sandpiper Street; and WHEREAS, the necessary park improvements have been completed consistent with the requirements of the ordinance and subsequent public meetings; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That the public park easement, described in Attachment "A" shall be accepted. Section 2. That the land owner shall record said easement with the property records office of Collier County. Section 3. That this resolution shall take effect immediately upon adoption. Attest- Approved as to form and legality: Date filed with City Clerk: 7(i7/DP
Transcript
PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES,FLORIDA, THIS 23RD DAY OF JANUARY, 2008.
arnett, Mayor
Tara A. Norman City Clerk
zi: \REF\CCUNCIIARES\2008\08-11919
Robert D. Pritt, City Attorney
Book 131 • Page /6
Agenda Item 8-f(1)Meeting of 01/23/08
RESOLUTION 08-11919
A RESOLUTION ACCEPTING THE DEDICATION OF A PUBLIC PARK EASEMENT ON PROPERTYLOCATED AT THE SOUTHEAST CORNER OF SANDPIPER STREET AND FIFTH AVENUE SOUTH, MOREPARTICULARLY DESCRIBED HEREIN, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, consistent with the Planned Development documents adopted byOrdinance 04-10570, Antaramian Capital Partners, LLC, a Floridalimited liability company, desires to dedicate a public parkeasement on property located at the southeast corner of SandpiperStreet and Fifth Avenue South and along the east side of SandpiperStreet; and
WHEREAS,
the necessary park improvements have been completed consistent withthe requirements of the ordinance and subsequent public meetings;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:
Section 1.
That the public park easement, described in Attachment "A" shall beaccepted.
Section 2.
That the land owner shall record said easement with the propertyrecords office of Collier County.
Section 3. That this resolution shall take effect immediately upon adoption.
Attest- Approved as to form and legality:
Date filed with City Clerk: 7(i7/DP
Book 131 • Page /Up
Resolution No. 08-11919
Page 2
4127744 OR: 4329 PG: 0817RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
02/12/2008 at 09:48AM DWIGHT E. BROCK, CLERKProperty I.D. Nos.:
REC FEE 95.00Prepared without opinion of title
DOC-.70 .70
by and after recording return to:
Retn:ATTN: DEPUTY CLERK
William J. Dempsey
NAPLES CITY CLERK
Cheffy, Passidomo, Wilson & Johnson, LLP
735 8TH ST S
821 Fifth Avenue South
NAPLES FL 34102
Naples, Florida 34102(239) 261-9300
(Since above this line for recording data)
PUBLIC PARK EASEMENT .
THIS PUBLIC PARK EASEMENT, made this a day of TC/000/44 , 2008, byAntaramian Capital Partners, LLC, a Florida limited liability company, its successirs and/or assigns("ACP") having its principal place of business at 3530 Kraft Rd., Suite 300, Naples, FL 34105, and TheCottages at Naples Bay Resort Condominium Association, Inc., a Florida non-profit corporation, itssuccessors and/or assigns ("Association") having its principal place of business at 365 5 th Ave. South —Suite 201, Naples, FL 34102 (ACP and Association hereinafter collectively called "Grantor") to the Cityof Naples, a municipal corporation of the State of Florida ("Grantee"), whose address is 735 8' StreetSouth, Naples, Florida 34102, for the use, enjoyment and benefit of the public.
WITNESSETH:
Each Grantor, as the owner or authorized agent of the owner of their respective portions of thereal property more particularly described on attached Exhibit "A," which is incorporated herein byreference (the "Easement Area"), for good and valuable consideration, the receipt of which is herebyacknowledged, does hereby grant and dedicate, to the extent of their respective interests, for the use of thepublic a perpetual non-exclusive public park easement (the "Easement") for green space, open space,landscaping, and pathways across the Easement Area, and to facilitate public access from the EasementArea to the Public Pedestrian Access Easement more particularly described in that certain PublicPedestrian Access Easement recorded in Official Records Book q32 Page 0 79 , of the Public Recordsof Collier County, Florida (the "Public Pedestrian Access Easement 4 '). The Easement is bring grantedpursuant to that certain Ordinance No. 04-10570 adopted by Grantee's City Council or. Septen;her 29,2004 (the "Ordinance"). The Easement granted hereby shall be subject to the following c. ,nditions andlimitations:
1. The Grantor, its successors and/or assigns retain the right to:
(i) use the Easement Area for any purpose which does not unreason.hiy interfere with thtintended purpose of the Easement, including, without limitation, vehic.' 1 '..r and pedestrianaccess to and from the Property to adjacent rights-of-way, signage, urlities,sculpture, art, water features, benches, drainage, water management, lot coveragecalculations, setback areas, density calculations, open space, and landsr:aping for thebenefit of the Property; and
(ii) suspend the right to use the Easement, as reasonably necessary, during any period ofconstruction or maintenance in, or in reasonable proximity to, the Easement Area.
2. ACP or its successors or assigns, shall design, permit, and construct improvements in theEasement Area at its expense, and the Grantee shall cooperate with Grantor in thisundertaking. Association shall have no obligation to design, permit, and construct such
Resolution No. 08-11919Book 131 • Page/U6
Page 3
OR: 4329 PG: 0818
improvements notwithstanding that it is a successor in title to ACP with regard toportions of the Property.
3. Design, construction, and maintenance of the Easement Area shall be in accordance withthe Ordinance; provided, however, that: 1. landscaping located within that portion of theEasement Area described in the Declaration of Condominium for Cottages at Naples BayResort, as recorded in Official Records Book 4121, Page 3210, of the Collier County,Florida, Public Records (the "Declaration"), shall be maintained by the Association at itssole cost and expense notwithstanding the provisions of said Ordinance; and 2. the noticeof transfer of maintenance responsibilities from Grantor to Grantee shall be recorded inthe Collier County Public Records. The Easement Area segment for which theAssociation shall have landscape maintenance responsibilities is generally depicted onattached Exhibit "A" as the linear section located south of the triangular Easement Areasegment labeled "Public Park" on Exhibit "A" Sheet 4. In the event the Easement Area isnot maintained in accordance with the Ordinance or applicable law, then Grantee shallhave the right to enter into and maintain the Easement Area in accordance with thestandards established under the Ordinance.
•4' Grantor hereby warrants, with respect to its portion of the Easement Area, that: (i) it
is the present fee simple title owner of the Easement Area; (ii) with respect to ACP, thatthe Easement Area is presently free and clear of liens and encumbrances exceptingeasements, restrictions and reservations of record and those liens and encumbrances towhich a consent and subordination is attached hereto; (iii) with respect to the Association,that the Association has the right and power under the Declaration to grant the Easement;and (iv) Grantor has good right and lawful authority to convey the easements establishedhereby. Each Grantor's representation and warranty hereunder is limited to that portionof the Easement Area actually owned by such Grantor.
5. This Public Park Easement may not be changed, modified or terminated, except inwriting by an instrument executed by the parties hereto.
6. If any term or provision of this Public Park Easement or the application thereof to anyparty, person or circumstance shall, to any extent, be declared invalid or unenforceable bya court of law, the remainder of this Public Park Easement, or the application of suchterm or provision to parties, persons or circumstances other than those to as to which it isheld invalid or unenforceable, such term or provision shall be modified to the minimumextent necessary to make it or its application valid and enforceable, and the validity andenforceability of all other terms and provisions of this Public Park Easement and all otherapplications of any such term or provision shall not be affected thereby, and each termand provision of this Easement shall be valid and enforced to the fullest extent permittedby law.
7. This Public Park Easement shall be construed and enforced in accordance with the lawsof the State of Florida, exclusive of choice of law rules. Venue for any legal actionarising out of this Public Park Easement shall lie exclusively in the state courts of CollierCounty, Florida
8. This Public Park Easement shall be recorded in the Public Records of Collier County,Florida.
The foregoing covenants, terms and conditions shall attach to and run with the Easement and theEasement Area.
Antaramian Capital Partners, LLC,a Florida limited liability company
NAPLES BAY RESORT HOLDINGS, LLC,a Delaware limited liability company,as Managing Member
IN WITNESS WHEREOF, Grantor has set its hand and seal on the day and year first abovewritten.
"GRANTOR":
Signed in the presence of:
Witness: 7-A. Aga.?
idt-wrath4-,Witness : //14. 4. dr rine /11
STATE OF FLORIDA)ss:
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this a day of 7-4.ribia,e4/ , 2008, byJack J. Antaramian, as President of NBR Manager, LLC, a Delaware limited liabilit§ company, asManager of Naples Bay Resort Holdings, LLC, a Delaware limited liability company as ManagingMember of Antaramian Capital Partners, LLC, a Florida limited liability company, on behalf of saidcompany, who is personally n to me or has produced as identification.
72eLtz1A, L- 1 J4I fah
MARTHA L. BENNETTMY COMMISSION # DD 483167
.11 EXPIRES: August 17, 2009BoncledTbm Natley Public Undwitore
NOTARY PUBLICName: nht.r 't.44.. 4..
(Type or Print)My Commission Expires: cf//77e5?
F: \wpdocs nRE1Antaramian-Boat Haven \Public Park Easement Word.doc
Witness
By:Print NTitle: •
Book 131 Page'Resolution No. 08-11919
Page 5
OR: 4329 PG: 0820
Signed in the presence of:
The Cottages at Naples Bay Resort CondominiumAssociation, Inc., a Florida non-profit corporation
STATE OF FLORIDA)ss:
COUNTY OF COLLIER
The foregoing iiiltrument was acknow ed ed before me du _ day of •-.121 34-4-"tkrk , 2008, by'AYrrAS til"-¢42.4(1 L9 ,Ls6r1 as Si of The Cottages at Naples Bay Resort
Condominium Association, Inc., a Florida non-profit corporation, on behalf of said corporation, whoissgrapnally_i wisliQL.j_jaie.—or has produced asidentification.
NO ARY PUBLICName:
(Type or Print)My Commission Expires:
Book 131 • Page ) Re s olu 3_on No. 08-11919 Page 6
OR: 4329 PG: 0821
EXHIBIT "A"EASEMENT AREA LEGAL DESCRIPTION AND GRAPHIC DEPICTION
EELSSURVEYORS &IVIAPPERS INC.
1502-A RAILHEAD BLVD.NAPLES, FLORIDA 34110
TELEPHONE: (239) 597-1315FAX: (239) 597-5207
LEGAL DESCRIPTIONPUBLIC PARK EASEMENT
A PORTION OF THE NORTHEAST QUARTER OF SECTION 10 AND A PORTIONOF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 50 SOUTH,RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 108, GOLDENSHORES SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED INPLAT BOOK 3 AT PAGE 25 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, THE SAME BEING A POINT ON THE EASTERLY RIGHT OF WAYLINE OF SANDPIPER STREET, THENCE RUN N.00°24'44"W., ALONG SAIDEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 2.62 FEET TO THE POINTOF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUEN.00°24'44"W., ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCEOF 117.12 FEET; THENCE RUN N.7 1°08'23"E ALONG SAID EASTERLY RIGHTOF WAY LINE, A DISTANCE OF 40.53 FEET TO THE SOUTHERLY RIGHT OFWAY LINE OF US HIGHWAY 41, THE SAME BEING A POINT ON A CURVE TOTHE RIGHT, HAVING: A RADIUS OF 11,409,19 FEET, A CENTRAL ANGLE OF00°32'52", A CHORD BEARING OF 5.57°1915'E, AND ACHORD LENGTH OF109.08 FEET; THENCE RUN ALONG SAID SOUTHE.RLY RIGHT OF WAY LINEAND THE ARC OF SAID CURVE AN ARC LENGTH OF 109.08 FEET TO THE ENDOF SAID CURVE; THENCE RUN S.32°57'11"W., A DISTANCE OF 2125 FEET;THENCE RUN S.76°32'59"W., A DISTANCE OF 32.34 FEET; THENCE RUNS.44°42'40"W., A DISTANCE OF 72.87 FEET; THENCE RUN N.55°27'22"W., ADISTANCE OF 17.33 FEET; THENCE RUN S.79°03'44"W., A DISTANCE OF 21.15FEET TO THE POINT OF BEGINNING.
AND
COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 108, GOLDENSHORES SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED INPLAT BOOK 3 AT PAGE 25 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, THE SAME BEING A PONT ON THE EASTERLY RIGHT OF WAYLINE OF SANDPIPER STREET, THENCE RUN S.89°37'27"W., ALONG SAIDEASTERLY RIGHT OF WAY LINE LINE, A DISTANCE OF 8.81 FEET TO THE
SHEET10F6
n=1.11
Resolution No. 08-11919BQok 131 Page C
Page 7
OR: 4329 PG: 0822
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE RUNS.29°55'50"W., A DISTANCE OF 58.98 FEET; THENCE RUN 9.85°03'41"W., ADISTANCE OF 2239 lq T; TO A POINT ON A CURVE TO THE LEFT, HAVING:A RADIUS OF 899.93 FEET, A CENTRAL ANGLE OF 09°15'58", A CHORDBEARING OF S.14°46'16"W., AND A CHORD LENGTH OF 145.38 FEET; THENCERUN ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 145,54 FEET TOA COMPOUND CURVE TO THE LEFT, HAVING: A RADIUS OF 904.03 FEET, ACENTRAL ANGLE OF 08°09'22", A CHORD BEARING OF 8.11°05 106"W., AND ACHORD LENGTH OF 128.58 FEET; THENCE RUN ALONG THE ARC OF SAIDCURVE AN ARC MOTH OF 128.69 FEET TO THE END OF SAID CURVE;THENCE RUN S.00°2924"E., A DISTANCE OF 450.88 PEE-1; THENCE RUN5.89°40101"W., A DISTANCE OF 15.00 FEET TO SAID EASTERLY RIGHT OFWAY LINE; THENCE RUN N.00°29'24 wW., ALONG SAID EASTERLY RIGHT OFWAY LINE, A DISTANCE OF 451.82 FEET TO A POINT OF CURVATURE OF ACURVE TO THE RIGHT, HAVING: A RADIUS OF 919,03 FEET, A CENTRALANGLE OF 08°10'35", A CHORD BEARING OF N.1 1°02'02"E., AND A CHORDLENGTH OF 131.04 FEET; THENCE RUN ALONG SAID EASTERLY RIGHT OFWAY LINE AND THE ARC OF SAID CURVE AN ARC LENGTH OF 131.15 FEETTO A COMPOUND CURVE TO THE RIGHT, HAVING: A RADIUS OF 914.93FEET, A CENTRAL ANGLE OF 12°25'41", A CHORD BEARING OF N.16°23'361E.,AND A CHORD LENGTH OF 198.07 FEET; THENCE RUN ALONG SAIDEASTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, AN ARCLENGTH OF 198,46 FEET TO THE END OF SAID CURVE; THENCE RUNN.89°37'27"E, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF47.55 FEET TO THE POINT OF BEGINNING.
BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHWESTQUARTER OF SAID SECTION 11, BEING N.00°24'44'5\7.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS ANDRESERVATIONS OF RECORD.
01/03/08STEPHEN Et BERRY, STATE OF FLORIDA, (LS #5296)BBLS SURVEYORS & MAPPERS INC., (LB #6753)PRO) ECTS 04911PMUC REV 01030&DocPROOFED BY SEE
(SEE ATTACHED SKETCHES - SHEETS 3 THROUGH 6)
SHEET 2 OF 6
DAT& 01/04/0.1
MOD HOOX ASS ?ACM
SKETCH TO ACCOMPANY LEGAL DESCRipliONPUBLIO PARK EASEMENT, A PORPON Cf sEolicNS 10 AND 11,
7011/4NSHP 50 SOWN, RANGE 23 EAST, COLLIER COUNTY, FLORIDA
soiLE f:
BBLS SURVEYORS & MAPPERS INC.1502—A RAIL HEAD BLVD.
NAPLES, FLORIDA 34110 (239) 597-1315
LEGENDP.O.C. POINT OF CoMIIENcELIENT
POINT or BEGINNING
Punic PARK EASEMENT0 100 200'
0CAIX 1' 200'
KEY MAPSCALE 1-200.
NOTES:1). BEARINGS SHOWN HEREON REFER TO THE WEST LINE
OF THE NORTHWEST QUARTER OF SAID SEcnoN IL BEING N.00'24'44'4.
a) THis PROPERTY IS SUBJECT TO SABEIIIIN73, RESERVATIONS ORESsTRICTIoNs OF REcoRD.
SHEET 3 OF 6a) DIMENSIONS SHOW HEREON ARE IN FEET AND DECIMALS THEREOF.
THIS IS NOT A SURVEY
DRAWN 1r0XIXApe*ow RR 513
Book 131 • Page I I I Resoluta.on No. 08-11919 Page 8
OR: 4329 PG: 0823
Resolution No. 08-11919Book 131 • Page 7/72--
Page 9
DATE 01/04/05
17131D BMX AM PADUA
SKETCH TO ACCOMPANY LEGAL DESCRIPTIONMBLE PARK EASEMENT, A PORTION OF 580 12145 10 AND 11,
TOWNSHP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, 11.0RIDA
Regions Bank, successor by merger to AmSouth Bank, the owner and holder of a Mortgage and SecurityAgreement given by Antaramian Capital Partners, LLC, a Florida limited liability company, recorded inO.R. Book 2704, Page 2901; as modified by a Notice of Future Advance recorded in O.R. Book 2896,Page 2076; as further modified by a Notice of Future Advance recorded in O.R. Book 3595, Page 2678;as modified by a Mortgage Modification Agreement recorded in 0 R. Book 3406, Page 2600; as furthermodified by a Notice of Future Advance recorded in OR. Book 3901, Page 2633; and as modified by aninstrument recorded in Official Records Book 3901, Page 2637, all of the Public Records of CollierCounty, Florida, TOGETHER WITH any other lien or encumbrance held by Regions Bank encumberingthe land described in the Public Park Easement to which this Joinder is attached (collectively the"Mortgage"), hereby consents to and joins in said Easement, and agrees that the lien of the Mortgage issubordinated to the rights of the public described in said Easement.
Nothing contained herein shall be deemed to in any way limit or affect the validity of the Mortgage heldby Regions Bank, the priority of the lien created thereby in the balance of the property described in saidMortgage, and the sole purpose of this Joinder is to acknowledge the consent of said Public ParkEasement as hereinabove provided and to subordinate the Mortgage to the public rights created thereby.
EXECUTED this irday of Tivpi tt, , 2008.
WITNESSES:
MORTGAGEE:
Regions Bank,Successor by merger to AmSouth Bank
Print Name: DmELHopKiNs(Corporate Seal)
STATE OF FLORIDACOUNTY OF COLLIER
The foregoing Joinder of Mortgagee was acknowledged before me this( Jay of 3-c—s ve-s , 2008, by) ) 4. 11 iti ;f1 vej , as Vice President of Regions Bank, successor by merger to AmSo th Bank, who
is personally known to me or has presented as identification
DAVID HOPKINSMY COMMISSION ODD296881
WIRES: FEB OZ MOBBonded tInuall 1st State Insursnos
