Agenda 11/13/2012 Item #17D11/13/2012 Item 17.D.
EXECUTIVE SUMMARY
Recommendation to approve Petition VAC- PL20120001426, to disclaim, renounce and
vacate the County and the Public interest in part of the 10 -foot Utility Easement located in
Lot 1, Block I, Gulf Acres, as recorded in Plat Book 1, Page 111, of the Public Records of
Collier County, Florida, located in Section 22, Township 49 South, Range 25 East, Collier
County Florida, more specifically shown in Exhibit A.
OBJECTIVE: To adopt a Resolution to vacate the County and the Public interest in part of the
10 -foot Utility Easement located in Lot 1, Block I, Gulf Acres, as recorded in Plat Book 1, Page
111, of the Public Records of Collier County, Florida, located in Section 22, Township 49 South,
Range 25 East, Collier County, Florida.
CONSIDERATIONS: Petition VAC- PL20120001426 has been received by the Engineering
Services, Growth Management Division, Planning and Regulation from Maria Rojas,
representative for owner, James Ramos. This vacation request is intended to vacate part of the
southerly 5 feet of the existing 10 -foot Utility Easement (Exhibit A), where the existing house
(built in 1969) was constructed in error over the southerly part of the 10 -foot Utility Easement.
Letters of no objection from abutting property owners have been received from all who
responded. Certified mail receipts exist for those who elected not to respond.
FISCAL IMPACT: Growth Management Division, Planning and Regulation staff has collected
a 52,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording
and processing the Petition.
tr
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
ENVIRONMENTAL ISSUES: There are no outstanding environmental issues.
HISTORICAL /ARCHAEOLOGICAL IMPACT: There are no historical or archaeological
impacts.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this
item for legal sufficiency. This item is ready for Board consideration and approval. A majority
vote is required for approval. (ERP)
RECOMMENDATIONS: To adopt a Resolution for Petition VAC- PL20120001426 to vacate
the County and the Public interest in part of the l 0 -foot Utility Easement located in Lot 1, Block
1, Gulf Acres, as recorded in Plat Book 1, Page 111, of the Public Records of Collier County,
Florida, located in Section 22, Township 49 South, Range 25 East, Collier County Florida being
more specifically shown in Exhibit A.
Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to record a
certified copy of the Resolution in the Public Records.
Packet Page -3481-
11/13/2012 Item 17.D.
PREPARED BY: Marcus L. Berman, P.S.M., County Land Surveyor, Land Development
Services, Growth Management Division, Planning and Regulation.
Attachments: 1) Location /Site Map, 2) Exhibit A (Vacation of Easement), 3) Resolution, 4) Plat
of Gulf Acres, PB 1, pg 111.
CP \12- EIS - 02311\26
2
Packet Page -3482-
COLLIER COUNTY
Board of County Commissioners
Item Number: 17. D.
11/13/2012 Item 17.D.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve Petition VAC- PL20120001426, to disclaim, renounce and vacate
the County and the Public interest in part of the 10 -foot Utility Easement located in Lot 1, Block
I, Gulf Acres, as recorded in Plat Book 1, Page 111, of the Public Records of Collier County,
Florida, located in Section 22, Township 49 South, Range 25 East, Collier County Florida, more
specifically shown in Exhibit A.
Meeting Date: 11/13/2012
Prepared By
Name: BermanMarcus
Title: County Land Surveyor
10/16/2012 10:58:25 AM
Submitted by
Title: County Land Surveyor
Name: BermanMarcus
10/16/2012 10:58:27 AM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Enviromn
Date: 10/17/2012 1:12:54 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 10/17/2012 4:35:18 PM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 10/19/2012 2:28:37 PM
Packet Page -3483-
Name: KurtzGerald
Title: Project Manager, Principal,Transportation Engineer
Date: 10/22/2012 4:45:08 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 10/23/2012 12:53:34 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/25/2012 9:23:29 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/25/2012 3:34:20 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/26/2012 5:04:47 PM
Name: OchsLeo
Title: County Manager
Date: 11/3/2012 11:26: 10 AM
Packet Page -3484-
11/13/2012 Item 17.D.
11/13/2012 Item 17.D.
TELEPHONE NO. 5-1916 FAX NO. 866-744 -2882
EXACTA FL
12220 TOWNE LAKE DRIVE, SUITE 55, FT. MYERS, FL 33913
SKETCH AND DESCRIPTION OF
VACATION OF A PORTION OF THE SOUTH 5' OF A 10' UTILITY EASEMENT
CITY OF NAPLES, COLLIER COUNTY, FLORIDA.
DESCRIPTION OF THE NORTH 5' OF THE I C' UTILITY EASEMENT TO REMAIN
THE NORTH 5' OF LOT # 1, BLOCK # 1. GULF ACRE5 A5 RECORDED IN PLAT BOOK I PAGE I I I OF THE PUBLIC RECORD5 OF THE CLERK OF
COURTS OFFICE FOR COWER COUNTY, FLORIDA. CONTAINING 730.41 50. FT. MORE OR LE55
VACATION OF A PORTION OF THE 50UTH 5' OF A I O' UTILITY EASEMENT
THE 5OUTH 5' OF THE NORTH i O' OF LOT # 1, BLOCK # 1. GULF ACRE5, LE55 THE EAST I O' THEREOF, A5 RECORDED IN PLAT BOOK I PAGE I I I
OF THE PUBLIC RECORD5 OF THE CLERK OF COURTS OFFICE FOR COWER COUNTY, FLORIDA. CONTAINING r.81.98 50. FT. MORE OR LF55
5URVEY NOTE5:
I . THE BGRMGS SHOWN HEREON ARE EASED ON A FIAT BEMUNG OP N 69 DEGREES OG45' E. ALONG THE NORTHERLY PROPERTY LINE OP LOT 1, BLOCK I. •GULF ACRES. ACCORDING TO
THE RAT THEREOF, AS RECORDED IN FLAT BOOK 1, PG, I 1 1 , OF THE FUSUC RECORD5 OF COWER COUNTY, R.
2. THE PROPERTY 5HONN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, RJGHT5'M -WAY OF OTHER MATTERS OF RECORD BY DAGTA 77115 5RETCH DOES NOT RE"MENT A FIELD
SURVEY (THIS 15 NOT A !iMr6.
3. MI5 SKETCH AND LEGAL IS NDI VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED 5M OF A. LICENSED FLORIDA SURVEYOR AND MAPPER. NO ADOfilON5 OR DELETIONS TD MI5
MAP ARE PERMITTED WIMDUT THE IXFRE55E0 WRRTEN CONSENT OF THE SIGNING PARTY.
4. DIMENSIONS SHOWN HEREON ARE IN U.5. SURVEY FEET AND DECIMALS THEREOF.
LEGEND:
P.0.5 ................POINT OF BEGINNING
R/W .................RIGHT OF WAY
q .....................CENTERLINE
P. O.0 ................POINT OF COMMENCEMENT
U.E ..................UTILITY EASEMENT
BLK .................BLOCK
Cr--' .................CONCRETE 5LAB
TI-l15 15 NOT A 5URVEY
THIS RAN MAY HAVE BM ENLARGED OR REDUCED FROM
INTENDED DISMAY SCALE FOR REPRODUCTION REASONS.
N
N SCALE: l!--30'
09 -05 -20121 CW I K5
30 0 15 30
GRAPHIC SCALE (In Feet)
1 inch = 30' ft.
CERTIFICATE:
CARIBE WOODS
P. O. B.P. O. C. P.B. 4, P. GG
s U& TO LOT 32
REN G 5'U .E.
_ 24' P.V.C. STORM DRNN P.B. .D. 4 4 PG,
6�
TABLE:
Ll 5 1 °5035' E 5.00' (P)
J
LOT 2
L2 N 1 °24'45' W 5.00' (P)
30.01
BLK I
L3 5 1 °5G'35" E 5.00' (P)
STATE OF
FILDMA
KEITH A. STEPHENSON
L4 N I °2445' W 5.00' (P)
Packet Page - 3485- NO.`521. STATE OFFLORIDA
5HEET I OF I
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VACATION OF A PORTION OF THE 50UTH 5' OF A I O' UTILITY EASEMENT
THE 5OUTH 5' OF THE NORTH i O' OF LOT # 1, BLOCK # 1. GULF ACRE5, LE55 THE EAST I O' THEREOF, A5 RECORDED IN PLAT BOOK I PAGE I I I
OF THE PUBLIC RECORD5 OF THE CLERK OF COURTS OFFICE FOR COWER COUNTY, FLORIDA. CONTAINING r.81.98 50. FT. MORE OR LF55
5URVEY NOTE5:
I . THE BGRMGS SHOWN HEREON ARE EASED ON A FIAT BEMUNG OP N 69 DEGREES OG45' E. ALONG THE NORTHERLY PROPERTY LINE OP LOT 1, BLOCK I. •GULF ACRES. ACCORDING TO
THE RAT THEREOF, AS RECORDED IN FLAT BOOK 1, PG, I 1 1 , OF THE FUSUC RECORD5 OF COWER COUNTY, R.
2. THE PROPERTY 5HONN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, RJGHT5'M -WAY OF OTHER MATTERS OF RECORD BY DAGTA 77115 5RETCH DOES NOT RE"MENT A FIELD
SURVEY (THIS 15 NOT A !iMr6.
3. MI5 SKETCH AND LEGAL IS NDI VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED 5M OF A. LICENSED FLORIDA SURVEYOR AND MAPPER. NO ADOfilON5 OR DELETIONS TD MI5
MAP ARE PERMITTED WIMDUT THE IXFRE55E0 WRRTEN CONSENT OF THE SIGNING PARTY.
4. DIMENSIONS SHOWN HEREON ARE IN U.5. SURVEY FEET AND DECIMALS THEREOF.
LEGEND:
P.0.5 ................POINT OF BEGINNING
R/W .................RIGHT OF WAY
q .....................CENTERLINE
P. O.0 ................POINT OF COMMENCEMENT
U.E ..................UTILITY EASEMENT
BLK .................BLOCK
Cr--' .................CONCRETE 5LAB
TI-l15 15 NOT A 5URVEY
THIS RAN MAY HAVE BM ENLARGED OR REDUCED FROM
INTENDED DISMAY SCALE FOR REPRODUCTION REASONS.
N
N SCALE: l!--30'
09 -05 -20121 CW I K5
30 0 15 30
GRAPHIC SCALE (In Feet)
1 inch = 30' ft.
CERTIFICATE:
5 89°0645" W 146.43' (P)
TABLE:
Ll 5 1 °5035' E 5.00' (P)
eszi
LOT 2
L2 N 1 °24'45' W 5.00' (P)
30.01
BLK I
L3 5 1 °5G'35" E 5.00' (P)
STATE OF
FILDMA
KEITH A. STEPHENSON
L4 N I °2445' W 5.00' (P)
Packet Page - 3485- NO.`521. STATE OFFLORIDA
5HEET I OF I
L5 N 89 °06'45' E 145.96' (P)
B.R. PER PLAT)
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L7 5 89°0645' W 36 54' (P)
L8 5 89 °OG'45' W 136.25' (P)
VACATION OF A PORTION OF THE 50UTH 5' OF A I O' UTILITY EASEMENT
THE 5OUTH 5' OF THE NORTH i O' OF LOT # 1, BLOCK # 1. GULF ACRE5, LE55 THE EAST I O' THEREOF, A5 RECORDED IN PLAT BOOK I PAGE I I I
OF THE PUBLIC RECORD5 OF THE CLERK OF COURTS OFFICE FOR COWER COUNTY, FLORIDA. CONTAINING r.81.98 50. FT. MORE OR LF55
5URVEY NOTE5:
I . THE BGRMGS SHOWN HEREON ARE EASED ON A FIAT BEMUNG OP N 69 DEGREES OG45' E. ALONG THE NORTHERLY PROPERTY LINE OP LOT 1, BLOCK I. •GULF ACRES. ACCORDING TO
THE RAT THEREOF, AS RECORDED IN FLAT BOOK 1, PG, I 1 1 , OF THE FUSUC RECORD5 OF COWER COUNTY, R.
2. THE PROPERTY 5HONN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, RJGHT5'M -WAY OF OTHER MATTERS OF RECORD BY DAGTA 77115 5RETCH DOES NOT RE"MENT A FIELD
SURVEY (THIS 15 NOT A !iMr6.
3. MI5 SKETCH AND LEGAL IS NDI VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED 5M OF A. LICENSED FLORIDA SURVEYOR AND MAPPER. NO ADOfilON5 OR DELETIONS TD MI5
MAP ARE PERMITTED WIMDUT THE IXFRE55E0 WRRTEN CONSENT OF THE SIGNING PARTY.
4. DIMENSIONS SHOWN HEREON ARE IN U.5. SURVEY FEET AND DECIMALS THEREOF.
LEGEND:
P.0.5 ................POINT OF BEGINNING
R/W .................RIGHT OF WAY
q .....................CENTERLINE
P. O.0 ................POINT OF COMMENCEMENT
U.E ..................UTILITY EASEMENT
BLK .................BLOCK
Cr--' .................CONCRETE 5LAB
TI-l15 15 NOT A 5URVEY
THIS RAN MAY HAVE BM ENLARGED OR REDUCED FROM
INTENDED DISMAY SCALE FOR REPRODUCTION REASONS.
N
N SCALE: l!--30'
09 -05 -20121 CW I K5
30 0 15 30
GRAPHIC SCALE (In Feet)
1 inch = 30' ft.
CERTIFICATE:
THIS 5 TO CERTIFY THAT THE SKETCH AND DE5CRIPDON SHORN HEREON IS
eszi
ACCURATE AND CORRECT TO THE BEST OP MY KNCYAEDGt AND BELIEF. I
FARMER CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL
STANDARDS SET FORM BY THE FLORIDA
BOARD OF PROFESSIONAL
S)RVEYOR5 AND MATER5 IN CHAPTER 5J -17. FLORIDA ADWN15TRATIVE
CODE.
AO
STATE OF
FILDMA
KEITH A. STEPHENSON
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11/13/2012 Item 17.D.
RESOLUTION NO. 2012-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC -
PL20120001426 TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY AND THE PUBLIC INTEREST IN PART OF THE 10 -FOOT
UTILITY EASEMENT,_ LOCATED IN LOT 1, BLOCK I, GULF ACRES,
AS RECORDED IN PLAT BOOK 1, PAGE. 111, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION
22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY
FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT A.
WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner, Maria Rqjas,
representing James Ramos, has requested the vacation of the County and the Public interest in
part of the 10 -foot Utility Easement located in Lot 1, Block I, Gulf Acres, as recorded in Plat
Book 1, Page I 11, of the Public Records of Collier County, Florida, located in Section 22,
Township 49 South, Range 23 East, Collier County Florida and more specifically shown in
Exhibit A; and
WHEREAS, at its October 9. 2012 regular meeting, the Board of County Commissioners,
via Resolution No. 2012 -170. approved the scheduling of a public hearing pursuant to Section
177.101. Florida Statutes and Resolution 2006 -160; and
WHEREAS, the Board of County Commissioners, on this day held a public hearing to
consider 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 part of the
10 -foot Utility Easement as specifically depicted 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 of Collier County.
This Resolution adopted after motion, second and majority vote favoring same, this 13th
day of November, 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk FRED W. COYLE, Chairman
1 of 2
Packet Page -3488-
Approved as to form and legal Sufficiency:
Emily R. Pepi
Assistant County Attorney
Attachments: Exhibit A - Vacation of Easement
Exhibit B - Location!Site Map
CP`,12 -E[S -0231 I'%27
2 of 2
Packet Page -3489-
11/13/2012 Item 17.D.
NOTICE OF PUBLIC HEARING
Notice is hereby given that on
Tuesday, November 13, 201.2, in the
Board of County Commissioners
meeting room, Collier County
Government Center, 3299 Tamiami
Trail East, Third Floor, Naples, FL the
Board of County Commissioners (BCC)
will consider the enactment of a
County Resolution. The meeting will
commence at 9:00 A.M. The title of
the proposed Resolution is as follows:
"RESOLUTION NO. 2012-
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, RELATING TO
PETITION VAC- PL20120001426, TO
DISCLAIM, . RENOUNCE AND - VACATE
THE COUNTY AND THE PUBLIC
INTEREST IN PART OF THE 10 -FOOT
UTILITY EASEMENT LOCATED IN
LOT 1, BLOCK I, GULF ACRES, AS
RECORDED IN PLAT BOOK 1, PAGE
111, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LOCATED
IN SECTION 22, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY
FLORIDA MORE SPECIFICALLY SHOWN
IN EXHIBIT A.
A copy of the proposed Resolution is
on file with the Clerk to the Board and
is available for inspection. All
interested parties are invited to attend
and be heard.
NOTE: All persons wishing to speak on
any agenda item must register with
the County manager . prior 'to
presentation of the agenda item to be
addressed. Individual speakers will be
limited to 3 minutes on any item. The
selection of any . individual to speak
on behalf of an organization or group
is encouraged. If recognized by the
Chairman, a spokesperson for a group
or organization may' be allotted 10
minutes to speak on an item.
Persons wishing to have written or
graphic matenais included in the
Board agenda packets must submit
said material a minimum of 3 weeks
prior to the respective public hearing.
In any case, written materials intended
to be considered by the Board shall be
submitted to the appropriate County
staff a minimum of seven days prior to
the public hearing. All materials used
in presentations before the Board will
become a permanent part of the
record.
Any person who decides to appeal any
decision of the Board will need a
record of the proceedings pertaining
thereto and therefore, may need to
ensure that a verbatim record of the
proceedings is made, which record
11/13/2012 Item 17.D.
ti
UnTICS U'AMPTING
includes the testimony and eviclatilliNk
upon which the appeal is based.
If you are a person with a disability
who needs any accommodation in
order to participate in .this
proceeding, you are entitled, at no
cost to you, to the provision of certain
assistance. Please contact the Collier
County Facilities Management
Department, located at 3335 Tamiami
Trail East, Suite 101,'Naples, FL 34112-
5356, (239) 252 -8380, at least two days
prior to the meeting Assisted
listening devices for the hearing
impaired are available in the Board of.
County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara
Deputy Clerk (SEAL)
N A P L ES D A I LY N E W S a Wednesday, October 24, 2012 :a ZS®
26D )) Wednesday, October 24, 2012 )) N A P L E S D A I LY N E W S
Packet Page -3490-
11/13/2012 Item 17.D.
28D ))Wednesday, October 31, 2012 )) N A P L E.5 D A I LY NEWS
• i R 1-37,
NOTICE OF PUBLIC HEARING
Notice is hereby given that on
Tuesday, November 13, 2012, in the
Board of County Commissioners
meeting room, Collier County
Government Center, 3299 Tamiami
Trail East, Third Floor, Naples, FL the
Board of County Commissioners (BCC)
will consider the enactment of a
County .Resolution. The meeting will
commence at 9:00 A.M. The title of
the proposed Resolution is as follows:
RESOLUTION NO. 2012-,
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, RELATING TO
PETITION VAC- PL20120001426, TO
DISCLAIM, 'RENOUNCE AND VACATE
THE COUNTY AND THE PUBLIC
INTEREST IN PART OF THE 10 -FOOT
UTILITY EASEMENT LOCATED IN
LOT 1, BLOCK I, GULF ACRES, AS
RECORDED IN PLAT BOOK 1, PAGE
111, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LOCATED
IN SECTION 22, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY
FLORIDA MORE SPECIFICALLY SHOWN
IN EXHIBIT A.
A copy of the proposed Resolution is
on file with the Clerk to the Board and
is available for inspection. All
interested parties are invited to attend
and be heard.
NOTE: All Persons wishing to speak on
any agenda item must register with
the County manager prior to
presentation of the agenda item to be
addressed. Individual speakers will be
limited to 3 minutes on any item. The
selection of any individual to speak
on behalf of an organization or group
is encouraged. If recognized by the
Chairman, a spokesperson for a group
or organization may be allotted 10
minutes to speak on an item.
Persons wishing to have written or
graphic materials included in the
Board agenda packets must submit
said material a minimum of 3 weeks
prior to the respective public hearing.
In any case, written materials intended
to be considered by the Board shall be
submitted to the appropriate County
staff a minimum of seven days prior to
the public hearing. All materials used
in presentations before the Board will
become a permanent part of the
record.
Any person who decides to appeal any
decision of the Board will need a
record of the proceedings pertaining
thereto and therefore, may need to
ensure that a verbatim record of the
proceedings is made, which record
includes the testimony and evidence
upon which the appeal is based.
If you are a person with a disability
who needs any accommodation in
order to participate in this
proceeding, you are entitled, at no
cost to you, to the provision of certain
assistance. Please contact the Collier
County Facilities Management
Department, located at 3335 Tamiami
Trail East, Suite 101, Naples, FL 34112-
Packet Page -3491-
1-11 •
5356, (239) 252 -8380, at least two days
prior to the meeting Assisted
listening devices for the hearing
impaired are available in the Board of
County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara
Deputy Clerk (SEAL)
October 24 & 31, 2012 No. 1965151