Resolution 2004-365
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CLBRK TO THB BOARD
IHTBROFFICB 4TH FLOOR
m 7240
3517876 OR: 3689 PG: 2181
RBCOROBD in the OFFICIAL RBCORDS of COLLIER COUNTY, 1L RBC m
12/03/2004 at 10:22AH DWIGHT B. BROCK. CLm coms
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RESOLUTION NO. 2004- 365
179
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETITION A VPLA T2004-AR5886 TO
DISCLAIM, RENOUNCE AND V ACA TE THE COUNTY'S AND THE
PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT WIDE
UTILITY EASEMENT LOCATED ALONG THE REAR OF SITE 52,
BLOCK A, ACCORDING TO THE PLAT OF "PELICAN BAY UNIT
ONE" AS RECORDED IN PLAT BOOK 12, PAGES 47 THROUGH 52,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO
ACCEPT A 10 FOOT WIDE RELOCATION UTILITY EASEMENT.
LOCA TED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26
EAST.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Peter 1. Iacono, Esq.,
from Bond, Schoeneck & King, P.A., as agent for the petitioners, Francis T. Schwerin,
M.D. and Nancy T. Schwerin, does hereby request the vacation of a portion of the 10 foot
wide Utility Easement located along the rear of Site 52, Block A, according to the plat of
"Pelican Bay Unit One" as recorded in Plat Book 12, Pages 47 through 52, Public Records
of Collier County, Florida, and to accept a 10 foot wide relocation Utility Easement along
the northwesterly property line of the abutting parcel of land also owned by the petitioners
which is northwest of said Site 52, Block A; and
WHEREAS, the Board has this day held a public hearing to consider vacating a
portion of the 10 foot wide Utility Easement located along the rear of Site 52, Block A,
according to the plat of "Pelican Bay Unit One," and to accept a 10 foot wide relocation
Utility Easement along the northwesterly property line of the abutting parcel of land also
owned by the petitioners which is northwest of said Site 52, Block A, 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 Utility Easement located
along the rear of Site 52, Block A, according to the plat of "Pelican Bay Unit One," are
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OR: 3689 PG: 2182
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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 Exhbit "A" attached hereto and incorporated herein.
BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 10 foot wide relocation
Utility Easement, more particularly described in Exhibit "B" attached hereto and
incorporated herein, is hereby accepted as a relocation Utility Easement for that portion of
the 10 foot wide Utility Easement vacated herein.
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
+-h
'-- j 6 '- day of
Nu V-0-ntIJf2004,
after motion, second and majority vote favoring same.
DATED: lei. -1- 0 'I
ATTES.I~,il"....."
DW;~iE~~~, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY::. ~ cd'~
Donna lala, Chairman
Approved as to form and legal
sufficiency:
~CJ2 ~J
Je ifer A. Be dio
Assistant County Attorney
Page 2 of2
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VACATED EASEMENT DESCRIPTIO/f.
A PLA TTED UTILITY EASEHD{T ACROSS THE NORTHERL r 10 FEET OF
SITE 52, BLOCK A, PELICAN MY UNIT OM: AS RECORDED IN PLAT
BOOK 18, PAGES 41-58 OF THE PUBLIC RECORDS lJF COLLIER
COUNTY, FLORIDA, LESS THE IIESTERL r 86.05 FEET.
CONTAINING 1456 SQUARE FEET DR 0.033 ACRES, MORE DR LESS.
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Ceri;lflco.i;e NUMber 4520
NOT VALID WITHfJUT THE SIGNATI.JRE AND THE ORIGINAL RAISED
SEAL OF A FLORIlJA LICENSED SIJRVEYDR AND NAPPER.
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LEGEND
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EXHIBIT "A"
SHEET I OF 1
A VPLA T2004-AR5886
.... FRANCIS T. & NANCY SCHWERIN
SKETCH & DESCRIPTION
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LEGEND
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POINT OF C/J1/VA TIRE:
POINT OF TANGENCY
PRfTE:SSIDNAL LIWI1 SURVEYOR
LICF:NSF:D BUSlNCSS
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EASEMENT DESCRIPTION
COMMENCING AT THE POINT []F BEGINNING VHICH IS THE NORTHEAST
CORNER AT SITE 52, BLOCK A, PELICAN BAY UNiT ONE, AS RECtJRDE[)
IN PLAT BO{]l( 12, PAGES 47 THRlJlJGH 52 OF THE PUBLIC RF:CORDS
[]F COLLIER COUNTY, FLORllJA; THENCE SOUTH 26'28'00' EAST 1/.57
FeET ALONG THE EAST UNF: []F SAllJ SiTE 52;
THENCE SOUTH 33'21'25' IIEST 105.93' Tll AN EXISTiNG [AS01ENT
ON THE NORTHERL Y we OF SAID SITE 52;
THENCE SOUTH 55'55'37' WEST 11.05 FEET ALON{j SAID NORTHERL Y
LINE OF SAID SITE 521
THENCE NORTH 34'04'C!S' IIEST 6,23 FeETI
THENCE NlJRTH 33'21'C5' CAST 119056 FEET TO THE PDlNT OF BrGINNING.
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EXHIBIT "S"
SHEET 1 OF 1
A VPLA T2004.AR5886
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Certificate Nu"ber 4520
NOT VALID IIITHOUT THE SIGNATURE AND TIC ORIGINAL RAISED
SEAL OF A FLORIDA LlCENSElJ SURVEYOR AND NAPPER.
ria FRANCIS T. & NANCY SCHWERIN
SKETCH & DESCRIPTION
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