NOTICE OF INTENT TO ADOPT A RESOLUTION

            Please be advised that on September 4, 2012, at 9:30 a.m., in the Commissioners’ Meeting Room, Old Lee County Court House, 2120 Main Street, Fort Myers, Florida, the Board of County Commissioners of Lee County, Florida, will consider a resolution authorizing the exchange of public property for other real property pursuant to Florida Statutes, Section 125.37.  The public property to be exchanged is the County’s interest in a portion of perpetual utility easement described in a document recorded in the Public Records of Lee County in OR Book 2084, Page 1139.

            The property to be received by the County in exchange is a Perpetual Utility and Maintenance Access Easement over a parcel more properly described as follows:

DESCRIPTION (20’ WATER MAIN EASEMENT):

A PARCEL OR TRACT OF LAND LYING SECTION 15, TOWNSHIP 45 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER (SW¼) OF THE NORTHWEST ONE-QUARTER (NW¼) OF THE SOUTHEAST ONE-QUARTER (SE¼) OF SAID SECTION 15; THENCE N.00°03’46”E. ALONG THE ONE-QUARTER SECTION LINE FOR 240.00 FEET; THENCE S.89°53’13”E. FOR 95.74 FEET; THENCE S.00°03’46”W. FOR 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S.00°03’46”W. FOR 9.74 FEET; THENCE S.89°53’13”E. FOR 179.74 FEET; THENCE S.78°38’13”E. FOR 51.75 FEET; THENCE S.89°53’13”E. FOR 225.76 FEET; THENCE S.00°04’16”E. FOR 55.16 FEET; THENCE S.89°53’13”E. FOR 83.83 FEET; THENCE S.00°04’16”E. FOR 20.00 FEET TO A POINT ON THE NORTHERLY LINE OF RIVERWALK MEDICAL PARK, A COMMERCIAL SUBDIVISION, RECORDED IN PLAT BOOK 50 AT PAGES 1 THROUGH 4 OF THE LEE COUNTY PUBLIC RECORDS; THENCE N.89°53’13”W. ALONG SAID NORTHERLY LINE FOR 103.83 FEET; THENCE N.00°04’16”W. FOR 55.16 FEET; THENCE N.89°53’13”W. FOR 207.79 FEET; THENCE N.78°38’13”W. FOR 51.75 FEET; THENCE N.89°53’13”W. FOR 14.25 FEET; THENCE S.00°06’47”W. FOR 7.96 FEET; THENCE N.89°53’13”W. FOR 20.00 FEET; THENCE N.00°06’47”E. FOR 7.96 FEET; THENCE N.89°53’13”W. FOR 163.50 FEET; THENCE N.00°03’46”E. FOR 29.74 FEET; THENCE S.89°53’13”E. FOR 20.00 FEET TO THE POINT OF BEGINNING.

EASEMENT CONTAINS 0.29 ACRES, MORE OR LESS.

The terms of the Exchange are set forth in the Agreement for Release and Exchange of Perpetual Utility Agreement to be adopted in conjunction with this exchange.  The parties to the Agreement are Terraces at Riverwalk Master Association, Inc., a Florida not-for-profit corporation, and Terrace I at Riverwalk Condominium Association, Inc., a Florida not-for-profit corporation, and Lee County. 

Copies of this Notice and the proposed Resolution of Exchange are on file in the Minutes Office of the Clerk of the Circuit Court of Lee County.  The public may inspect or copy the resolution and all attachments during regular business hours at the Division of Public Resources.  The Minutes Office and the Division of Public Resources are located in the Court House Administration Building, 2115 Second Street, Fort Myers, Florida.

Interested parties may appear at the meeting of the Board of County Commissioners, in person or through a representative, and be heard by the Board on the proposed Resolution of Exchange.

Anyone wishing to appeal the decision made by the Board on matters considered at the meeting will need a record of the proceedings.  Generally, it will be necessary to obtain a verbatim record, including all testimony and evidence upon which the appeal is based.

If the Resolution of Exchange is adopted by the Board at this meeting, it will take effect immediately.

If you have a disability that will require special assistance or accommodations for your attendance at the public hearing, please contact the Lee County Division of Public Resources at 533-2737 for information.