Resolution 2004-348
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RICORDID in the omCIAL RlCORDS of COLLIBR COURTY, lL
12/06/2004 at 01:UAII DWIGHT I. BROCK, CLm
RIC lIB 52.50
COPIIS 6.DO
RESOLUTION NO. 2004- 348
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETITION A VROW2004-AR6011 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S
INTEREST IN THE ROAD RIGHT OF WAY WHICH WAS GRANTED TO
THE PUBLIC BY THE DEED OF EASEMENT RECORDED IN OFFICIAL
RECORD BOOK 321, PAGE 277, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, LOCATED IN SECTION 22, TOWNSHIP 49 SOUTH,
RANGE 25 EAST.
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, James H. Siesky,
Esq., from Siesky, Pilon & Wood, Attorneys at Law, as agent for the petitioner, Tennessee
Family Properties, LLC, does hereby request the vacation of the right of way that was granted to
the Public by the Deed of Easement recorded in OK Book 321, Page 277; and
WHEREAS, the Board has this day held a public hearing to consider vacating said road
right of way that was granted to the Public by the Deed of Easement recorded in O.R. Book 321,
Page 277, 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 and the Public's
Right of Way interests over and across the right of way that was granted to the Public by the
Deed of Easement recorded in O.R. Book 321, Page 277, 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 "An attached hereto and incorporated herein.
OR: 3690 PG: 0810
17 A
BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a
certified copy of this Resolution, the proof of publication of the notice of public hearing and the
proof of publication of the notice of adoption ofthis Resolution in the Official Records of Collier
County, Florida.
This Resolution is adopted this
/6 It
day of
/\/01/ t:?1?)(7/ 2004,
after motion, second and majority vote favoring same.
DATED: \ H8,of
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
Donna
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Approved as to form and legal
sufficiency:
~r~--:r, ~<"~ ="
J ennt er A. Belpe 1
Assistant County Attorney
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OR: 3690 PG: 0811
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DA TE:: MA Y 06,2004
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LEGAL DESCRIPTION OF PARCEL
OR: 3690 PG: 0812
17 A
EXHIBIT "A"
SHEET 2 OF 2
A VROW2004.AR60t I
That strip of land being fifty feet (50') by three hWlCired and two feet (302') lying West of Lots 1,
2,3 and 4, Block A, Gulf Acres; East of the road right of way for Tamiami Trail (U.S. 41); South
of a W esterly e~tension of the Northerly line of Lot I, Block A, Gulf Acres, to the road right of way
for Tamiami Trail (U.S. 41); and North of a Westerly extension of the Southerly line of Lot 4, Block
A, Gulf Acres, to the road right of way for Tamiami Trail (U.S. 41); according to the plat for Gulf
Acres recorded in Plat Book 1, Page 111, Public Records of Collier COWlty, Florida.
Naples Daily News
Naples, FL 34102
*** OR:
3690 PG: 0814
17 A
***
Affidavit of Publication
Naples Daily News
--------------------------------------------------+---------------------------
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
58949996
912501
NOTICE OF ADOPTION
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Cor~orate Secretary of the Naples
Daily News, a da~ly newspaper published at Naples,
in Collier Count~, Florida: that the attached
copy of advertis~ng was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper ~ublished at Naples, in said
Collier County, Flor~da, and that the said
news~aper has heretofore been continuously
publ~shed in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper.
11ft.. ""&70
PUBLISHED' ON: 11/22
AD SPACE: 62.000 INCH
FILED ON: 11/22/04
-----------------------------~-------------------+---------------------------
Signature of Affiant L - ---f
Swom to and Subscribed. before me this ~~ J~~ of /J '" , 20--""]/
personan y known by me 97f... "'" , ,elf & , -<l k.t'Of
,'-,';.i,\:'lP'"" i-larriett e.Jshong
"'~?--.~ -'l:~~ ~1"COM~':SSIOt' i' 11'.''ji'ao H:"-
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