Resolution 2004-364
3517673 OR: 3689 PG: 1151
RECORDED in OmCIAL RECORDS of COLLIBR COUNTY, ~L
12I0J1200~ at 08:28AM DWIGHT E. BROCK, CLERK
RBe FBB 35.50
coms 4.00
Retn:
CLBRK TO THE BOARD
INTEROFFICE 4TH PLOOR
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17A
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RESOLUTION NO. 2004- 364
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETITION A VPLAT2004-AR6442 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S
INTEREST IN A PORTION OF THE 55 FOOT WIDE DRAINAGE AND
MAINTENANCE EASEMENT LOCATED ON LOT 41, ACCORDING TO
THE PLAT OF "PARK PLACE WEST" AS RECORDED IN PLAT BOOK 17,
PAGES 32 THROUGH 33, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA. LOCATED IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25
EAST.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Michael A. Durant, Esq., of
Comoy, Coleman & Hazzard, P.A, as agent for the petitioners, Jorge and Carolina Diaz, does
hereby request the vacation of a portion of the 55 foot wide Drainage and Maintenance Easement
located on Lot 4 I, according to the plat of "Park Place West" as recorded in Plat Book 17, Pages
32 through 33, Public Records of Collier County; and
WHEREAS, the Board has this day held a public hearing to consider vacating a portion of .
the 55 foot wide Drainage and Maintenance Easement located on Lot 41, according to the plat of
"Park Place West" 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 55 foot wide Drainage and Maintenance 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 I of2
OR: 3689 PG: 1152
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
This Resolution is adopted this
proper notation of this vacation on the recorded plat as referenced above.
36';0 day of /\/0;/ M1] f er ,2004,
after motion, second and majority vote favoring same.
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Attest as to Cha1naan's
s11Jf'cstyrt OR]!.
Approved as to form and legal
sufficiency:
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Jenfil er A. Bel '0
Assistant County ttorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY ~d~
Donn Fiala, ChaIrman
Page 2 of2
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SKETCH OF
LEGAL DESCRIPTION
PARK PLACE WEST, Lot 41
SECTION 15. TOWNSHIP 48 SOUTH. RANGE 25
COLLIER COUNTY, FLORIDA
LOT 40
(OCCUPIED)
164.99'
N89"58'37"E
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LOT 42
(VACANT)
ADDRESS OF PROPERrn
1135 IMPERIAL DRIVE
S90"OO'OO"W
55.01'
BEARING
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DELTA
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CAROL E, NElSON, PIS
FLORIDA REG. NO. 5013
POC=POINT OF COMMENCEMENT
POB=POINT OF BEGINNING
THIS IS NOT A SURVEY.
SEE SHEET 2 OF 2 FOR LEGAL DESCRIPll0N
CERTIFICA TION:
CONROY, COLEMAN & HAZZARD, p, A.
JORGE and CAROUNA DIAZ
COWER COUNTY
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CAROL E. NELSON. P.A.
PROFESSIONAL LAND SURVEYOR
330 WILSON BOULEVARD SOUTH
NAPLES, FLORIDA 34117-9364
\239) 304-0055
SCALE; 1."'30.0' DWG, FILE: SHEET
DATE: July 2004 CHX. BY: C.E.N. PPWL041 1 OF 2
*** OR: 3689 PG: 1154 ***
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PARK PLACE WEST, Lot 41
EXHIBIT "A"
SHEET 2 OF 2
A VPLA T2004-AR6442
LEGAL DESCRIPTION
Being a part of Lot 41, Park Place West, recorded in Plat Book 17, pages 32 and 33 of the Public
Records of Collier County, Florida, more particularly described as follows:
Commencing at the Northeast corner ofLat 41, Park Place West, recorded in Plat Book 17,
pages 32 and 33 of the Public Records of Collier County, Florida; thence run S'S9058'37"N along
the North line of said Lot 41 for 55.00 feet; thence leaving said North line of Lot 41 run
SOoo53'00"E for 28.81 feet to the POINT OF BEGINNING; thence run S72016'55"E for 21.32
feet; thence run S17043'05"W for 46.60 feet; thence run N72016'55"W for 5,64 feet, thence run
NOoo53'00"W for 49,16 feet to the Point of Beginning, containing 628 square feet more or less.
Bearings used herein refer to the East line of Park Place West, being SOoo53'OO"E.
SUBJECT HOWEVER to easements, restrictions and reservations of record,
Prepared by:
Carol E. Nelson, PLS
330 Wilson Boulevard South
Naples, Florida 34117
Date: July 23, 2004
Sheet 2 of2