Resolution 2005-407
RESOLUTION NO. 05307
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO
RELEASE THE RESER VA TION OF TRACT 13E FOR
FUTURE RIGHT-OF-WAY ACCORDING TO THE PLAT
OF LELY RESORT, PHASE ELEVEN, RECORDED AT
PLAT BOOK 23, PAGES 52 THROUGH 55, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
June 28, 1994, approved the plat of Lely Resort, Phase Eleven (Plat) for recording; and
WHEREAS, Lely Resort, Phase Eleven is recorded at Plat Book 23, Pages 52
through 55; and
WHEREAS, Tract 13E is referenced in the General Notes on the Plat as being
reserved by the tract owner (Developer) for future right-of-way upon replat and acceptance
by the Board of County Commissioners of permanent construction plans and permanent
right-of-way; and
WHEREAS, the Developer h~s an approved Site Development Plan (SDP) for a
project known as Ole', AR-6712 and the approved SDP depicts buildings and other
improvements within Tract 13E; and
WHEREAS, Tract 13E is located within the boundaries of Lely, a Resort
Community Planned Development (Ordinances 85-17, 91-29, 92-15, and 92-38); and
WHEREAS, a Development Agreement exists for right-of-way other than Tract 13E;
and
WHEREAS, by releasing the reservation of Tract BE, the Board of County
Commissioners is not acting contrary to Lely, a Resort Community Planned Development
and the Developer Agreement; and
WHEREAS, Community Development and Environmental Services staff and
Transportation staff supports the release the reservation of Tract BE for future right-of-way;
and
WHEREAS, the County Attorney's Office has opined that the County would have no
real property interest in Tract BE until replat and acceptance by the Board of County
Commissioner of a future right-of -way within Tract BE.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the reservation requiring
Tract BE to be dedicated for future right-of-way be released.
BE IT FURTHER RESOL YED AND ORDERED that the Clerk of the Circuit Court
make notation of this action on the final plat, recorded at Plat Book 23, Pages 52 through 55,
public records, Collier County, Florida.
rIhis Resol~ion ad.,:rted after motion, second and majority vote favoring same, this
;;: r 'day of l) bi/<0J? e../ ,2005,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B' -~W.~
y. FRED W. COYLE, CHA AN
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