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Resolution 2013-187RESOLUTION NO. 2013- 187 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 10 -FOOT UTILITY EASEMENT LOCATED IN LOT 48, ROYAL COVE, AS RECORDED IN PLAT BOOK 8, PAGE 13, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA. (AVPLAT- PL20130000978) WHEREAS, pursuant to Section 177.101, Florida Statutes, and Resolution 2006 -160, Petitioner, Garey F. Butler, of Fowler, White, Boggs, P.A., has requested the vacation of the County and the public interest in a portion of the 10 -foot utility easement located in Lot 48, Royal Cove as recorded in Plat Book 8, Page 13, of the public records of Collier County, Florida, located in Section 15, Township 48 South, Range 25 East, Collier County, Florida, more specifically described in Exhibit "A "; and WHEREAS, at its July 9, 2013 regular meeting, the Board of County Commissioners, via Resolution No. 2013 -150, approved the scheduling of a public hearing on September 10, 2013, pursuant to Resolution 2006 -160; and WHEREAS, the Board of County Commissioners, on this day, held a public hearing to consider the petitioner's request and notice of said public hearing was given as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County interest in a portion of the 10 -foot utility easement located in Lot 48, Royal Cove, as recorded in Plat Book 8, Page 13, of the public records of Collier County, Florida, located in Section 15, Township 48 South, Range 25 East, Collier County, Florida, more specifically described in Exhibit "A ", is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the public interest and for the public benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the public records and to make proper notation of this Resolution on the plat of Royal Cove recorded in Plat Book 8, Page 13 of the public records of Collier County, Florida. THIS RESOLUTIQN ADOPTED after motion, second and majority vote favoring same, this the day of �� , 2013. ATTIn D*IG" H- T- .E:•$ROCK, CLERK Attest Alp Chaim and .- r siGnatnre oD1jr: `'_ 1 of 2 BOA fR COUNkY COMMISSIONERS COLL ( OTINTY, FLORIDA Chairwoman ESQ. Approved as to form and legality: Emily R. Pepin Assistant County Attorney Attachments: 1) Exhibit A 2) Location/Site Map CP:13- EIS - 02464 \17 2 of 2 SKETCH AND DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA EXHIBIT "A" LEGAL DESCRIPTION: A PORTION OF LOT 48, ROYAL COVE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 13 SAID PARCEL LYING IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 48, ROYAL COVE, THENCE N.89'55'31 "W., ALONG THE SOUTH LINE OF SAID ROYAL COVE, FOR A DISTANCE OF 230.63 FEET TO THE EASTERLY RIGHT -OF -WAY OF TAMIAMI TRAIL (ALSO KNOWN AS, U.S. 41 OR STATE ROAD 45) AS SHOWN ON RIGHT -OF -WAY MAP FOR SAID TAMIAMI TRAIL, SECTION 03010 -2570, LAST REVISED 08- 05 -10; THENCE N.00'52'46"W., ALONG SAID RIGHT -OF -WAY, FOR A DISTANCE OF 10.00 FEET TO THE NORTH LINE OF A 10' UTILITY EASEMENT AS SHOWN ON SAID PLAT OF ROYAL COVE; THENCE 5.89'55'31 "E., ALONG THE NORTH LINE OF SAID EASEMENT, FOR A DISTANCE OF 230.79 FEET TO THE EAST LINE OF SAID LOT 48; THENCE S.00'04'29 "W., ALONG THE EAST LINE OF SAID LOT 48, FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. NOTES: 1. BEARINGS ARE BASED ON THE SOUTH LINE OF LOT 48, ROYAL COVE, PER PLAT BOOK 8, PAGE 13, AS BEARING N.89'55'31 "W. 2. DISTANCES ARE IN FEET AND DECIMALS THEREOF, 3. PARCEL IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS AND RIGHT -OF -WAYS (RECORDED AND UNRECORDED, WRITTEN AND UNWRITTEN). * THIS IS NOT A SURVEY * AVPLAT - PL20130000978 REV: 1 BY: 48 ROYAL COVE DRIVE IMOThJ EE MANN DATE: 5/14/13 PROFESSIONAL SURVEYOR AND MAPPER DUE: 5/29/13 FLORIDA CERTIFICATE NO. LS# 5838 DATE SIGNED: / ` le 17j- VICINITY SKETCH NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A \, (NOT TO SCALE) 1 \ / \ I FLORIDA LICENSED SURVEYOR AND MAPPER. UTILITY EASEMENT LOT 48 ROYAL COVE LEGAL DESCRIPTION 605 M 10070 C4Aq AVE STE NN E � ��) 5 SURVEYING & MAPPING , LLC c .s LAND SURVEYORS -PLANNERS www.metronfl.com �A LB #7071 \ FU NAME. PROXCT NO.: SHEET: B AC BROAD 12534SK.dwg 12534 1 _SiF 2 SKETCH DAM DRAAW Fr. SCALE: CHECKED en (S —T —R) 03 -08 -13 BUD I 1' - 40' TLM 1 15 -48 -25 W .-• Z > aL3,I. o O'o 1.4 H 0 1+ owo U6 EZCL D_' J CO �Ljjm a o3a LEGEND: SKETCH TO ACCOMPANY DESCRIPTION OF A PARCEL OF LAND LYING IN A SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, N COLLIER COUNTY, FLORIDA oft a EXHIBIT "A" LOT 48, ROYAL COVE (P.B. 8, PG 13) v 0 J 0 Li z D 0 S.89.56'50 "E. (P) S 89 055'31" E 230.79' ------------------------------------------- - - - - -- - -- j 10' UTILITY EASEMENT (P.B. 8, PG 13) a W 0 N 89055'31"W z o N.89'56'50 "W.(P) Q� NO �3 I o oIr o° r�ooul CD� Z =w o� Na w� i� Ln SOUTH LINE OF---' ROYAL COVE SUBDIVISION P.O.B. - POINT OF BEGINNING P.B. PLAT BOOK PG. = PAGE FDOT FLORIDA DEPARTMENT OF TRANSPORTATION R/W = RIGHT -OF -WAY S.R. STATE ROAD L.S. = LICENSED SURVEYOR (P) = PER PLAT (C) = CALCULATED NOTES: 1. BEARINGS ARE BASED ON THE SOUTH LINE OF LOT 48, ROYAL COVE, PER PLAT BOOK 8, PAGE 13, AS BEARING N.89'55'31 "W. 2. DISTANCES ARE IN FEET AND DECIMALS THEREOF. 3. PARCEL IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS AND RIGHT -OF -WAYS (RECORDED AND UNRECORDED, WRITTEN AND UNWRITTEN). 230.63' P.O.B. J SOUTHEAST CORNER LOT 48, ROYAL COVE P.B. 8, PG. 13 LINE BEARING DISTANCE Lt N 00'52'46" W 10.00' L2 (C) S 00'04'29" W 10.00 L2 (P) S 00.03'10" W 10.00' * THIS IS NOT A SURVEY * FfMOTHY LEA MANigf PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. LS# 5838 DATE SIGNED: 4,'? NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. UTILITY EASEMENT, LOT 48, ROYAL COVE TITLE: SKETCH OF DESCRIPTION METIDN 10970 S. CLEMMO AVE. STY. WS I N FORT MYERS, FLOROA 33907 1 PHONE AX. (39) 273-84575 SURVEYING &MAPPING LLC LAND SURVEYORS -PLANNERS www.metronfl.com LB #7071 NAME: PROJECT NO.: SHEET: 12534SK.DWG 12534 _LQF 2 TCH DATE. DRAWN 9Y: SCALE: CHECI(ED 8Y., -T-1t) 03 -08 -13 BUD 1" 40' TLM 15 -48 -25 U m IJ O W A A F 0 a y O Ej a b °��pOGpiv zE�� H 000 �nr m 00 c 00 Sp eQ oQ�t/� < CA z °V) oc 0 O 7 V! CrJ b NOT TO SCALE TAMIAMI TRAIL U.S. 41 X I I N O III � coo r I —' I . .l m:� cn m o O I -� rC: m i ;17 m i _Z u' z X I C7 D mm m I I N I I � Illlllfr�����. � I■� .3, � —■rte ; ,. NOT TO SCALE TAMIAMI TRAIL U.S. 41 X I I C m O I � coo r I —' I z m 0 cn m o O I -� rC: m i ;17 m i _Z u' z X I C7 D mm m I I N I I � • `l O 1—+ W O O O O cc -12 co