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Resolution 2004-059 ). v ~) 3350739 OR: 3509 PG: 1567 mORDID in O'PICIAL RlCORDS of COLLIIR coum. 'L 02/27/2004 at 09:D3AIl DlIIGHT B. BROCK, CLm RIC m 19.50 cams 4.D0 Retn: CLlIl TO THI BOARD IITHlOmel 4TH PLOOR lIT 7240 17A RESOLUTION NO. 2004- 59 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION A VPLA T2003-AR4683 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE COUNTY UTILITY EASEMENT LOCATED ALONG THE REAR OF LOT 4, ACCORDING TO THE PLAT OF "VILLA FONTANA UNIT ONE" AS RECORDED IN PLAT BOOK 16, PAGES 71 THROUGH 72, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Mark and Patsy Hansen, Petitioners, do hereby request the vacation of a portion of the 15 foot wide County Utility Easement located along the rear of Lot 4, according to the plat of "Villa Fontana Unit One" as recorded in Plat Book 16, Pages 71 through 72, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion ofthe 15 foot wide County Utility Easement located along the rear of Lot 4, according to the plat of "Villa Fontana Unit 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 15 foot wide County Utility 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 lof2 OR: 3509 PG: 1568 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 day of ,2004, after motion, second and majority vote favoring same. DATED: 0(, ~5-01 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 01<"""'" ~ ~;:a~:~ ~ ~'., :' )'.' .....,. .. " ", .. .c, D.eputy'€lerk:; c". ~., .: ..c;.~ ~h&t' . ':s- Att.it:'4~' -:~I'i1"'',!..> ..:' j s1 IV.....~l.J;.. ......\.' '" 91' ;"-,""7''''.., ..........p... ,~.J.. ~,' ~"',I;.:1. S:t:;\~~ ::\\"..., I" , 'Ii I ill II \ l \ ~ BY: ;PH J-' onna Fiala d4~ Chalrman Approved as to form and legal sufficiency: Item # 1'7 A Agenda Date PI. .d,1of .l) tJ Date a" ~5 . 0 " Reed ~~ JJJuu~ eputy lerk Page 2 of2 OR: 3509 PG: 1569 17A EXHmIT "AU SHEET I OF 2 A VPLA T2003-AR4683 LEGAL DESCRIPTION PARTIAL EASEMEN'f VACATION Being a part of Lot 4, VILLA FONTANA, UNIT ONE recorded in Plat Book 16, Pages 71 and 72 of the Public Records of Collier County, Flori~, being more particularly described as follows: Commencing at the Southwest comer of Lot 4, VILLA FONT ANA, UNIT ONE recorded in Plat Book 16, Pages 71 and 72 of the Public Records of Collier County, Florida and run N56051'13"W for 15.0 feet; thence run N33008'47"E for 5,0 feet to the Point of Beginning of said easement vacation; thence continue N33008'47"E for 44.0 feet; thence run S56051 'BilE for 5.0 feet; thence S33008'47"W for 44,0 feet; thence N56051'13"W for 5.0 feet to the Point of Beginning, subject to restrictions and reservations of record containing 220,0 square feet. Prepared by: CLeG.~ Carol E. Nelson, P,L.S. 330 Wilson Boulevard Naples, Florida 34117 Date: Oct. 17, 2003 /0/ /l)/ /03 SKETCH OF LEGAL DESCRIPTION EXHIBIT "A" SHEET 2 OF 2 '7 A A VPLA nOO3-AR4681 SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ""- '\ ~S6' ~ ce :s,. ~O.lJ'~ / ~~ (1 LOT 4 >~~ / -~ 'Z. "'. n - ~ J t'"' tz1/ :.+ :.+ :.+ <::> LOT 5 ~ s c.....> I\t.s;'o, c.n c::::> Legal Description: ~:s '-0 ,. LOT 4, l-1LLA FONTANA, UNIT ONE lJ'. It-C rtJcordtJd in Plat. Book 16, pagtJ$ Jt.. G"') 71 and 72 of the Public Records I---A of Collier Coun ty. Florida c.n SOUTHWEST CORNER -.....J OF LOT <4, VILLA c::::> FONTANA. UNIT ONE :.+ :.+ :.+ LOT 3 THIS IS NOT A SURVEY. POB=POINT' OF BEGINNING POC=POINT OF COMMENCEMENT DESCRIPTION: BY: Ii '"' '\.i f} /0 h~ / L~~,J~ I~03 CAROL E. NELSON. PLS FlDRIDA REG. NO, 5013 PARTIAL EASEMENT VACATION CAROL E. NELSON, P.A. PROFESSIONAL LAND SURVEYOR 330 WIlSON BOULEVARD SOUTH NAPLES, noRmA 34117-938<4 \239) 30"'-0055 SCALE: 1--20,0' Dlm. FILE: SHEET DATE: OCT 2003 eHK. BY: ~ VILFONT04A 1 OF 1