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Resolution 2006-326 RESOLUTION NO. 2006- ~ 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DENYING PETITION NUMBER A VROW .2006.AR.9918, WHICH SOUGHT THE V ACA TION OF THE COUNTY'S AND THE PUBLIC'S INTEREST IN GULF SHORE COURT AND A PORTION OF CENTER STREET ACCORDING TO THE PLAT OF "VANDERBILT BEACH CENTER" AS RECORDED AT PLAT BOOK 3, PAGE 16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Section 177.101, Florida Statutes, RWA, Inc., as agent for the petitioners, Vanderbilt Real Estate Holdings, Ltd., requested the vacation of Gulf Shore Court and a portion of Center Street, according to the plat of "Vanderbilt Beach Center" as recorded in Plat Book 3, Page 16, Public Records of Collier County, Florida, and as more specifically described in Exhibit A; and WHEREAS, the Board of County Commissioners has this day held a public hearing to consider vacating Gulf Shore Court and a portion of Center Street according to the plat of "Vanderbilt Beach Center," and notice of said public hearing to vacate was given as required by law; and WHEREAS, the Board of County Commissioners has found as a matter of fact that satisfactory provisions and arrangements have not been made concerning all applicable matters required to disclaim, renounce and vacate the County's and the public's interest in Gulf Shore Court and a portion of Center Street for the reasons set forth in the record of the proceedings before the Board, including, but not limited to, failure to establish a sufficient benefit to the general public welfare from this proposed vacation and the objection of an affected property owner; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. For the reasons set forth above, Petition Number AVROW-2006-AR-9918, Vanderbilt Real Estate Holdings, Ltd., applicant, represented by RW A, Inc., with regard to the vacation of the County's and the public's interest in Gulf Shore Court and a portion of Center Street, according to the plat of Vanderbilt Beach Center, is in all respects DENIED. Page I of 2 2. This Resolution relating to Petition Number A VROW-2006-AR-9918 shall be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote favoring same this 12th day of December, 2006. ATTEST: ." t. . l' DWIGHT ,~. 'B)~OCK';','~bERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: ~~ ~...;;. ~ - ~~:--"-../" FRANK HALAS, CHAIRMAN App oved as to form and lega suf' 'en : atzkow sistant County Attorney Page 2 of2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed, If the document is already complete with the exception of the Chairman's silmature. draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 2, 3, 4, Jeffrey A. Klatzkow, Managing County Attorney 12/15/06 Assistant County Attorney 5, Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow Phone Number 774-8492 Contact Agenda Date Item was 12/12/06 Agenda Item Number 8-H Approved by the BCC Type of Document Resolution Number of Original One Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified, Be aware of our deadlines! The document was DENIED by the BCC on 12/12/06 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. JAK Yes (Initial) JAK N/ A (Not A licable) 2, JAK 3, JAK 4, JAK 5. JAK 6, I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26,05, Revised 2,24,05 06-EIS-00979!5