MtU of Nort4 Port. Resolution No.: 2011-R-32. Page 1 of 3 RESOLUTION NO R-32

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1 Resolution No.: 2011-R-32 4 F oo,~ly Title: Emerald Oaks R-O-W to Easement W o ~ N ti OR% MtU of Nort4 Port RESOLUTION NO R-32 (A Resolution for non-enforcement of the reverter clause in Petition No. VAC-06-17, Resolution No , requiring a thirty foot (30') wide drainage right-of-way between lots 3 and 4, Block 29,43 rd Addition) A RESOLUTION OF THE CITY OF NORTH PORT, FLORIDA FOR THE WAIVER OF THE REVERTER CLAUSE IN PETITION NO. VAC REQUIRING THE THIRTY FOOT (30') WIDE DRAINAGE AND UTILITY RIGHT-OF-WAY BETWEEN LOTS 3 AND 4, BLOCK 29, 43RD ADDITION TO REVERT TO THE CITY DUE TO THE DELAY IN COMPLETION OF EMBERAL OAKS CONDOMINIUM DEVELOPMENT AND ACCEPTING THE GRANT OF A NON-EXCLUSIVE THIRTY FOOT (30') WIDE PERMANENT INGRESS- EGRESS DRAINAGE AND UTILITY EASEMENT OVER, ACROSS AND THROUGH THE SAME; PROVIDING FOR CONDITIONS; PROVIDING FOR FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution No. 06-R-20, Petition No. VAC-06-17, addressed a 30' wide drainage and utility right-of-way between 3 and 4, Block 29, 43rd Addition, which the City commission accepted a grant of a non-exclusive ingress-egress drainage and utility easement over, across and through portions of the same (Exhibit A). WHEREAS, the conditions of Resolution No. 06-R-20, Petition No. VAC to complete the Emerald Oaks subdivision within two years of the approved resolution were not adhered, the 30' wide drainage and utility right-of-way reverted back to the City upon written request; and WHEREAS, the 30' right-of-way is not necessary for the proper maintenance and care of drainage and utilities on the site; and WHEREAS, the 30' wide non-exclusive easement over the same area previously granted to the City provides all necessary access for the future; and Page 1 of 3

2 Resolution No.: 2011-R-32 Title: Emerald Oaks R-O-W to Easement WHEREAS, after consideration of a staff report from the North Port Planning and Zoning Department, the North Port City Commission, at its regular meeting on September 12, 2011, held a duly noticed public hearing after which it determined that the vacation of said 30' wide drainage and utility right-of-way would not adversely affect the public interest, health, safety and general welfare, NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH PORT, FLORIDA, TO WIT; SECTION 1- LEGISLATIVE DECLARATION: The City Commission hereby declares its intent and purpose in adopting this Resolution to waive any right to the 30' wide drainage and utility right-of-way between Lots 3 and 4, Block 29, 43rd Addition, for the provision of easement to the City of North Port in the development of Emerald Oaks Condominiums. SECTION 2 - VACATION OF RIGHT-OF-WAY: The 30' wide drainage and utility right-of-way between Lots 3 and 4, Block 29, 43rd Addition, platted in Plat Book 18, page 26A of the Public Records is and for the County of Sarasota more specifically described in Exhibit "A" is hereby vacated and annulled The vacation of the 30' wide drainage and utility right-of-way between Lots 3 and 4, Block 29, 43rd Addition, does not exempt Mark V Development, LLC from any other rule, regulation, or requirement imposed by local, state, or federal authorities. SECTION 3 -ACCEPTANCE OF EASEMENT The City Commission hereby accepts the grant of the 30' wide drainage and utility easement between Lots 3 and 4, Block 29, 43rd Addition, of the Emerald Oaks Condominium development A plat showing the grant of easement shall be recorded with Sarasota County Clerk of Courts by Mark V Development, LLC granting non-exclusive, ingress-egress drainage and utility easement over, across and through portions Lots 3 and 4, Block 29, 43rd Addition as it pertains to Emerald Oaks Condominium development (Exhibit A). SECTION 4 - EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. Page 2 of 3

3 Resolution No.: 2011-R-32 Title: Emerald Oaks R-O-W to Easement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH PORT, FLORIDA, TO WIT: PASS D AND DULY ADOPTED by the City Commission of the City of North Port, Florida, this day of, CITY OF NORTH PORT, FLORIDA JIM BLUCHER COMMISSION CHAIR LEN M. RAIMBEAU, MMC CITY CLERK Approved as to form and correctness: ROBERT K. ROBINSON CITY ATTORNEY Page 3 of 3

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5 EXHIBIT «A»

6 ric rrlucinj-a JVKVCYlINU uvtv11'fievy, 11VL. CONSULTANTS * SURVEYORS * PLANNERS 3466 DEPEW CIRCLE, PORT CHARLOTTE, FL., PH. (941) FAX (941) SKETCH OF DESCRIPTION PREPARED FOR. MARK V DEVELOPMENT, LLC 100` DRAINAGE RIW N 23016'16"E 30.0' (ww LIDRT GRAPHIC SCALE SCALE,1"054' too EXHIBIT "All LOT4 BLOCK 29 (RYW LINE) N 23 16'16" E 30.0' NORTH BISCAYNE DRIVE (100' RIM LEGAL DESCRIPTION: THAT 30 FOOT WIDE DRAINAGE RIGHT-OF-WAY AS SHOWN ON THE PLAT OF THE 33RD ADDITION TO PORT CHARLOTTE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18, PAGES 26,26A-268, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, BEING BOUND ON THE NORTH BY LOT 3, BLOCK 29, ON THE SOUTH BY LOT 4, BLOCK 29, ON THE WEST BY THE EAST RIGHT-OF-WAY OF NORTH BISCAYNE DRIVE AND ON THE EAST BY A 100 FOOT WIDE DRAINAGE RIGHT OF-WAY. CONTAINS 10,500 SQUARE FEET MORE OR LESS. THIS IS NOT A BOUNDARY SURVEY. ORIGINAL fon G A :SETS/B' WITH CAP L.B 963M F.IA afound 51C IRON ROD WITH NO IDENTIFICAIION Ul. NO PIPE A SET Px NAIL F PX.: POUND PR NAIL P,K, s PARKER KALON VRAM MASONNIYNAA RH adrillhole PCP. c PERMAFlENTCONTROLFOINT P RA. s PERMANENTREF6W4'X MONUMENT a CONCRETE MON M NT CM (A) MEASURED DATA FM zpolm CP) + RECORD PLAT DATA F,N : POUND NAIL (C) CALCULATED DATA FNA, afolnonailadis Q = DELTA A T O 5 +AT TIMe OF SLRWY ARC a-6 LENGTH COW. D6E OF WATER R RA0]U$ 10& etop Of WK [MO 'a :CHORD LEmTH a CHORD _ OHU. a OVCRHRAO UTILITY autility POLE SEARINS UP, RA s REPCHYARK GVY +6VY WIRE FOL. xpointonlc& PS.& s PHONE SERVICE BOX RYW.RIGHT-OP-WAY M.H. tl MANNOLE L OLMREDLIPE FM :FIRE HYDRANT P.C. a POINT OF CWVATLRU C& CATCH BASIN PPE.: FINISHED FLOOR ELEVATION 61,' LAST DAY IN FIELD WA :WATER METER LP.LIGHTPOLE NOTE: THE UNDERSIGNED AND THE PHOENIX SURVEYING COMPANY, INC. MAKE NO GUARANTEES OR REPRESENTATIONS RE6AROIN6 INFORMATION SHOWN HEREON PERTAINING TO EASEMENTS. RIGHTS-OF-WAY, SETBACK LINES, AGREEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS THE SURVEY AS SHOWN HEREON WAS MADE WITHOUT BENEFIT OF ABSTRACT OF TITLE. THIS SKETCH 15 NOT VALID VNLESS IT BEARS AN ORIGINAL SIGNATURE AND AN EMBOSSED SURVEYORS SEAL. ANY ADDITIONS AND/OR DELETIONS TO SKETCH ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE UNDERSIGNED I HEREBY CERTIFY THAT THIS SKETCH WAS MADE UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHgB 'FQR 6-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION , FLORIDA STATUTES 9R J. STRICKLAND, X, P.S M. L,&#6" FLORIDA REGISTRATION # 6144 SCALE: I DATE JOB #