Resolution 2003-461
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17A
3316412 OR: 3468 PG: 1899
RBCORDID in OFFICIAL mORDS of COLLIBR coum, FL
12/19/2003 at 02:2ZP~ DIiIGHT I. BROCI, CLUI
RIC FIB 19.50
coms 4.00
Retn:
CLJRI TO THI BOARD
INTBROFFICB 4TH FLOOR
BIT 7240
RESOLUTION NO. 2003- 461
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETITION A VPLA T2003-AR3673 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S
INTEREST IN A PORTION OF THE 10 FOOT WIDE DRAINAGE
EASEMENT LOCATED ALONG THE REAR OF LOT 23, ACCORDING TO
THE PLAT OF "THE LODGINGS OF WYNDEMERE SECTION ONE" AS
RECORDED IN PLAT BOOK 13, PAGES 8 THROUGH 12, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 19,
TOWNSHIP 49 SOUTH, RANGE 26 EAST.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Jane Yeager Cheffy, Esq., as
agent for the petitioners, Kenneth W. and Barbara Finn, does hereby request the vacation of a
portion of the 10 foot wide Drainage Easement located along the rear of Lot 23, according to the
plat of "The Lodgings of Wynd em ere Section One" as recorded in Plat Book 13, Pages 8 through
f
12, Public Records of Collier County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider vacating a portion
of the 10 foot wide Drainage Easement located along the rear of Lot 23, according to the plat of
"The Lodgings of Wyndemere Section One," as more fully described below, and notice of said
public hearing to vacate was given as required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right
of convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests
over and across the following portion of the 10 foot wide Drainage Easement are hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest
and for the Public's benefit:
See Exhibit "A" attached hereto and incorporated herein.
Page 1 of2
OR: 3468 PG: 1900
17A
BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a
certified copy of this Resolution in the Official Records of Collier County, Florida, and to make
proper notation of this vacation on the recorded plat as referenced above.
This Resolution is adopted this
)tc+h
day of .lJeLember
,2003,
after motion, second and majority vote favoring same.
DATED: Id:'-;I(c,-a?Q3
ATTEST: " """\
DWIGHT)~. 'lJR~~\er~
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BOARD OF COUNTY COMMISSIONERS
::U7k
Tom Henning, Chairman
Approved as to form and legal
sufficiency:
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Patrick G. White, Esq.,
Assistant County Attorney
Page 2 of2
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OR: 3468 PG: 1901
LEGAL DESCRIPTION
EXHIBIT "AU
SHEET 1 OF 2
A VPLA Tl003-AR3673
A portion of Lot 23, The Lodgings ofWYNDEMERE, SECTION ONE, recorded in Plat Book
13 page 8 of the Public Records of Collier County, Florida, being more particularly described as
follows:
Commencing at the Northeast corner of Lot 23, The Lodgings ofWYNDEMERE, SECTION
ONE, recorded in Plat Book 13, page 8 of the Public Records of Collier County, Florida and run
38.45 feet along the arc ofa curve concave to the Southwest having a radius of 1360.0 feet, a
central angle of 1037'12", a chord of38.45 feet and a chord bearing ofN83016'05"W; thence run
S05055'19"W for 7.69 feet to the POINT OF BEGINNING; thence run 800059'41 "W for 2.32
feet to the intersection with the 1 0 foot easement line and a non-tangential point with a curve;
thence run 29.48 feet along the arc of said curve concave to the Southwest, having a radius of
1350.0 feet, a central angle of 1 015'04", a chord of29.48 feet and a chord bearing of
N84041'43"W; thence run S89012'1O"E for 29.40 feet to the Point of Beginning, containing 32.5
square feet more or less.
Prepared by:
~g".~~j
Carol E. Nelson, PLS
Florid!'lReg. No. 5013
330 Wilson Boulevard South
Naples, Florida 34117
Date: Feb. 24, 2003
*** OR~~~fP:01J02 ***
LEGAL DESCRIPTION
THE LODGINGS OF WYNDEMERE, SECTION ONE
LOT 23
10' EASEMENT
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~55 01" 1'ff00000TY'
14~ fDGEMERf WAY SOUTH
POC . POIiT or CO/'1l'1~NCEHt:NT
POrJ - POIiT or BUiJNI#'G
LOT 22
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Ol
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..........
I 10' EASEMENT
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LA
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29,40' It) to I
S89012'10"E fA"":
EA5EHt:NT LIiE
C2
POOL ENCL OSURE Llie
SCREENED
POOL AREA
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ENLARGED
" DETAIL,,/
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THIS IS NOT A SURVEY.
CLIENT:
PARCEL
" G-1"
P.D.B.
SCREENED
POOL
-------
ONE STORY RESIDENCE
LOT 23
CURVE 2
R=1350.00'
D=01015'04"
A=29,48'
C=29,48'
C8=N84041'43"W
EXHIBIT "A"
SHEET 2 OF 2
A VPLA n003-AR3673
17ft
NORTHEAST CORNER OF LOT 23,
LODGINGS OF WYNDEMERE,
SEC1l0N ONE
-
--
LOT 24
CURVE 1
R=1360.00'
D=01'37'12"
A=38,4S'
C=38,4S'
C8=N83'16'05"W
BY, 6--QJ~,~%~3
CAROL E. NELSON, PLS
FLDRIDA REG. NO. 5013
KENNETH W. and BARBARA FINN
JANE CHEFFEY, ATTORNEY
CAROL E. NELSON, P.A.
PROFESSIONAL LAND SURVEYOR
330 WILSON BOULEVARD SOUTH
NAPLES~ FlDRJDA 34117
239J 304-0055
SCALE; 1".30.0' DWG. FILE:
DATE: Feb. 2003 CHK. BY: C.E.N. 02411
SHEET