Resolution 2004-074
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3367035 OR: 3528 PG: 1401
RICORDID in OPlICIAL mOlDS of COLLI!R coum, PL
03{25{2004 at 11:581M DWIGHT I. BROCI, CLUB
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CLUI TO THI BOARD
IHTBROPPICI 4TH PLOOR
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RESOLUTION NO. 2004- 74
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETITION A VESMT2003-AR5200 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S
INTEREST IN A PORTION OF THE UTILITY EASEMENT CONVEYED TO
COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN
OFFICIAL RECORD BOOK 2429, PAGES 3363 THROUGH 3368, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 11,
TOWNSHIP 49 SOUTH, RANGE 25 EAST.
WHEREAS, pursuant to Section 125.01(t), Florida Statutes, Roger Carter, PSM, from RWA
Consulting, Inc., as agent for the petitioner, Ross Development Corp., requests the vacation of a
portion of the Utility Easement that was conveyed to Collier County by separate instrument and
recorded in Official Record Book 2429, Pages 3363 through 3368, Public Records of Collier
County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider vacating a portion of
the Utility Easement that was conveyed to Collier County by separate instruments and recorded in
Official Record Book 2429, Pages 3363 through 3368, 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 and is deemed to be in the Public's interest and to
provide a Public benefit.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that the following described portion of the Utility Easement
referenced above be and is hereby disclaimed, renounced and vacated:
See Exhibit "A" attached hereto and incorporated herein.
Page I of2
OR: 3528 PG: 1402
16A~
.
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.
This Resolution is adopted this
day of
, 2004,
after motion, second and majority vote favoring same.
DATED: ~(2AI()l.\
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
""""
BY 1R~ .J~
Donna Fiala, Chairman
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Approved as to form and legal
sufficiency:
9~ \N~
Patrick G. White
Assistant County Attorney
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Page 2 of2
*** OR: 3528 PG: 1403 ***
EXHIBIT "A"
SKETCH AND DESCRIPTION
THIS IS NOT A SURVEY
NOR"" UN( or PMCEL ~.
PARCEL -H"
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ON[ STORY.
CC)ItQ[T'E 'UlLO'NC
LEGAL DESCRIPlION Of A PORlION or A 1~' UTILIT'\' E:ASEljENT VACATION SITUATED IN THE:
STATE or FlORIDA, COUNT'\' OF CDLUER. LYlHG IN SEClION 11, TOWNSHIP 49 SOUTH, RANGe 25 EAST.
AND LYING IN PARCEL "R". AS RECORDED ON THE PLAT or "HOME DEPOT NAPLES', AS RECORDE:D IN
PLAT BOOI< 33, AT PAGES 85 AND 66, OF THE PUBlIC RECDRllS or COWER COUNT'\',
FlORIOA AND BEING lo4ORE P ARlICULARL Y DESCRIBED AS FOLLDWS:
COMllE:NCING AT NDR1l1E:AST CORNE:R or PARCll. 'R., PLAT or "HOljE DEPOT NAPLES'
AS RECORDED IN PL,., T BOOI< 33, AT PAGES 65 AND 66, OF THE PUBLIC RECORDS Df
COWE:R COUNTY, FlORIDA, AND ALSO BEING THE t.40ST NORTHEASTERLY CORNER OF A 15' UTILlT'\'
E:"'SDlENT. ,.,S RECORDED IN OFFICIAL RECORDS BOOK 2429, PACE 3363. Df COLLIER COUNTY. FLORIO""
THENCE ALONG THE EAST LINe or SAID PARce:L "R". S.01'01l'SO"W" A DISTANCE OF 27.87 fEET,
TO A POtNT ON THE EAS'TERL Y UNE OF SAlO OfFICIAL RECORDS BOOK 242&. PACE 3363:
THENCE LEAIIING THE SAID E"'ST UNE AND ALONG THE SAID EASTERLY LINE:. S.32'4'02"W., A DISTANCE
OF 8~.82 FEET. TO THE POINT or BEGINNING or THE'S' UTILITY EASEljENT VACAlION. HEREIN DESCRIBED:
THENCE ALONG THE SAID E:,.,STERL Y LINE. S.32'4'02"W.. A DISTANCE: Of 64.47 FEET, TO
THE SOUTHEASTERLY CORNtR Of SAID OFFlCIAl. RECORDS 800K 2429. PAGE 3383:
THE:NCE ALONG THE SOUTH~STERL Y LINE OF SAID OFFlClAl. RECORDS BOOK 2429. PAGE: 3363,
N.~T45'58"W.. A DISTANce: Of 1~.OO FE(T, TO THE SOUTHWE:STERL Y CORNE:R OF SAID OFFlClAL
RECORDS BOOI< 2429. PAGE 3363;
THE:NCE ALONG THE YlESTERL Y LINE OF SAID OFFICIAl. RECORDS BOOK 2429. PACE 3363.
N.3214'02"E., A DISTANCE OF 64.47 FEET:
THENCE: LEAIIING THE SAID WE:STERL Y LINE. S.57'45'58"E:.. A OISTANCE or 15.00 FEET. TO THE
POINT or BEGlNNlNC Of THE 15' UTlU'N E:ASEMENT VACATION, HE:REIN DESCRIBE:D:
CONTAINING 967.00 SOUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS. RESTRICTIONS, RESER VA liONS AND RIGHTS OF WAY.
(RECORDED AND UNRE:CORDED, WRITTEN AND UNYttlITT(N)
BEARINGS ,.,RE BASED ON ll-iE E:AST LINE OF PARCEL R, AS RECORDED ON THE PLAT
or "HOME DEPOT NAPLES' AS RECORDED IN PLAT BOOK 33. AT PAGES 65 THROUGH 66.
or THE PUBLIC RECORDS Of COlLIER COUNTY. flORIDA. AS BEINC S.01"OS'SO'W.
PARCEL "B"
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ABBREVIATIONS:
O.R. - OFTIClAl. RECOROS
P.O.C. - POINT Of COt.4MENCEljENT
P.O.B. - POINT OF BEGINNING
8 - SANITARY llANHOLE
EXHIBIT "A"
SHEET 1 OF 1
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ROCER G. CNnERftii~A:.. SURIIEYOR "'0 """PER LS' 5702
F\.ORIQ.\ CERTIFl~ 4VTHORIZATION II.. LB 8952
DATE; 10/14/03
10/14/2003 03:10:23 P~ EDT
RWA.
CLIENT:
ROSS
~\2000\OO-024'.OJ Ron Plaza - Ea..ment Voeation\OOO1 Cer'leral ConlV"ction for .cnment ...oc::otion\E:lChibii-A.dw
DATE:
10/08/03
SCAlE:
," = 60'
DEVELOPMENT
Engineers,
Surveyors & Mappers,
Planners, Project Managers
3050 NoM Ho'1leshoe Drive. Suite 270
Nlpll., Florllle 34104
Phonl: (239) 649-1509
FAX: (239) 649-7056
OfIlAWN ErY:
S.P_E.
CHECKED 1lY:
R.C.C.
TITLE:
SEC,
'1
TWP: RGE: PROJECT
49S 25E NUMBER:
EXHIBIT
00-0241.03
SHEET
NUMBER:
1
OF
CORPORATION
"A"
1
FILE
NUM BER :VACATION OF EASDIEH1