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Resolution 2013-018 RESOLUTION NO. 2013 - 18 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DECLARE A PUBLIC HEARING FOR CONSIDERATION OF PETITION AVPLAT-PL20120002420, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE SOUTHERLY 10 FEET OF AN EXISTING 20-FOOT DRAINAGE EASEMENT LOCATED IN TRACTS D AND E, NORTHBROOKE PLAZA, AS RECORDED IN PLAT BOOK 31, PAGES 65 THROUGH 66, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT A. WHEREAS, Petitioner, Dean Foster, has requested that a public hearing be held pursuant to Section 177.101, Florida Statutes, and Resolution No. 2006-160, to consider disclaiming, renouncing, and vacating the County and public interest in a portion of the southerly 10 feet of the existing 20-foot Drainage Easement as shown in Exhibit A, attached hereto; and WHEREAS, Petitioner does hereby request that the Board of County Commissioners take appropriate action, including the adoption of a resolution setting the date and time of a public hearing to consider disclaiming, renouncing, and vacating the County's interest in the above described drainage easement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Section 177.101, Florida Statutes, and Resolution No. 2006-160 in a regular session of the Board of County Commissioners, a public hearing to consider disclaiming, renouncing and vacating the County's interest in the above described Easement will be held on the 26th day of February, 2013 at 9:00 a.m., or as soon thereafter as practical, in the Boardroom, 3"1 Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East,Naples, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 22nd day of January, 2013. ATTEST: BOA' I OF COUNTY.COMMISSIONERS DWIGHT EkBROC`l C, .ERK COLL R. 0 Y, . LORIDA � l By: B Geo'a! . Hiller, Esq., Chairwoman A , �� t .Y f Duty Clerk tignatir Approved as to form• and legal sufficiency: NI&t P 017n. Emily R. pin, Assistant County Attorney RHODES ct RHODES LAND SURVEYING, INC JOSNSIXTTREOD&14 Pd Al a9100BONIT'd GRIMY DRIVE SUITE 107BONITA SPRIN64 FL MIN PHONE(C )40X8168 PAX 10810 EXHIBIT A LEGAL DESCRIPTION BEING PART OF A 20'DRAINAGE EASEMENT IN TRACTS D AND E,NORTHBROOKE PLAZA,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 65 AND 66,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF TRACT D,NORTHBROOKE PLAZA,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31, PAGES 65 AND 66, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE RUN SOUTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID TRACT D,NORTHBROOKE PLAZA SOUTH 00°10'17" EAST A DISTANCE OF 20.00 FEET;THENCE RUN WESTERLY LEAVING THE SAID EASTERLY BOUNDARY LINE NORTH 89°5T48" WEST A DISTANCE OF 20.00 FEET TO THE WESTERLY LINE OF A 20.00 FOOT LANDSCAPE BUFFER EASEMENT AND THE POINT OF BEGINNING; THENCE CONTINUE WESTERLY NORTH 89°52'48"WEST A DISTANCE OF 172.50 FEET TO THE EASTERLY LINE OF A 15.00 FOOT WIDE DRAINAGE EASEMENT LYING 7.5 FEET BOTH SIDES OF TRACT E AND TRACT F,NORTH BROOKE PLAZA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 31,PAGES 65 AND 66,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE RUN NORTHERLY ALONG THE SAID EASTERLY 15.00 FOOT DRAINAGE EASEMENT NORTH 00°10'17" WEST A DISTANCE OF 10.00 FEET;THENCE RUN EASTERLY LEAVING THE SAID EASTERLY 15.00 FOOT DRAINAGE EASEMENT SOUTH 89°52'48" EAST A DISTANCE OF 172.50 FEET TO THE WESTERLY LINE OF SAID 20.00 FOOT LANDSCAPE BUFFER EASEMENT;THENCE RUN SOUTHERLY ALONG THE WESTERLY LINE OF SAID 20.00 FOOT LANDSCAPE BUFFER EASEMENT SOUTH 00°10'17" EAST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD. CONTAINING 1,726 SQUARE FEET 0.04 ACRES MORE OR LESS. BEARINGS ARE BASED ON THE EAST LINE OF TRACT D AS BEING S. 00°10'17" E. \\Server\dwg\2012\800-899\2012-885.doc Page 1 of 3 RHODES ct-RHODES HAND SURVEYING, INC. JOHN SOOITRHOD1's P.S.M 28100 BONITA GRANDE DRIYE SUITE 107 BONITA SPRINGS,FL 34135 PRONE(239)405.8166 FAX(239)4058163 RHODES &RHODES LAND SURVEYING, INC. FLORIDA BUSINESS AUTHORIZATION NO. LB 6897 • John Scott odes Professional Surveyor and Mapper State of Florida, License Number 5739 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER R&R FILE NO. 2012-885 DATE: g'-/2 F:\2012\800-899\2012-885.doc Page 2 of 3 r co C v a m f.•U m 4 T° to_ ; U a I o N I +' o is l E- 0i L�- uo va'L 0 L CO don NZi a u d > a N N y.N n.r 1, to N W o G1 N P LL] a e I o <0 X N II I :Cm I- mc� 0)o Z 44 o i.. 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