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Resolution 2013-047 RESOLUTION NO. 2013- 4 7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO 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, pursuant to Section 177.101 Florida Statutes and Resolution No. 2006-160, Petitioner, Dean Foster, as agent for the property owner, has requested the vacation of 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; and WHEREAS, at its January 22, 2013 regular meeting, the Board of County Commissioners, via Resolution No. 2013-18, approved the scheduling of a public hearing pursuant to Section 336.09, Florida Statutes; and WHEREAS, the Board of County Commissioners on this day held a public hearing to consider petitioner's request and notice of said public hearing was given as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and public interest in a portion of the southerly 10 feet of the existing 20-foot Drainage Easement as specifically depicted in Exhibit A, attached hereto, is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public interest and for the Public benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of the Resolution in the Public Records and to make proper notation of this Resolution on the plat of Northbrooke Plaza, recorded in Plat Book 31, Pages 65 through 66 of the public records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same, this 26th day of February, 2013. ATTEST:_ , BOA• P COMMISSIONERS D GHT E. BLOCK, CLERK COLLI R I U T- , FLORIDA By: Attast as to aalitO Clerk ''ORGI• A. HILLER, ESQ. iigtl8tlil@ 011L� ' Chairwoman Approved as to form and legal sufficiency: A AAA mily R. Pe g4 n Assistant County Attorney Attachments: 1) Exhibit A 2) Location-Site Map CP\12-EIS-02367\18 RHODES 1 RHODES 14 ND SURVEYING, I NO JOHN SOOTTRHODES PS M 99100 BOMTA GRANDE DRIVE SUITE 107BONITA BPRIM7Q FL.?il3J PITONS(AY9)WARM FAX(9 9)410.8103 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°52'48" 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 &RHODES L4ND SUIRVF;YLVG, INC JOHN SOOITRIIODES,P.S.t'd 28100BONITA GRANDE DRIVE SUITE 107BONITA SPRINGS, FL NM PHONE(239)4018166 FAX(239)405-8163 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: 1,1 g_72 • F:\2012\800-899\2012-885.doc Page 2 of 3 • c Obi ii m 4+ a #Cl CS e-u 1\ i) C..Y _O N a 0 U1. ;k.U$'a C 3t Ul d C`' ,X d_-i ; m N n: 0i L S U o.05'. L D £C') dov) i\ 2S U dN > N NI 4.cse, to a, W CI O C 1- 1- 2:i 8 0 0 o Q N LJ ^1 :t- W °si ! o a = gal C.4 l. t,' Figlig.i5eS Es: 4., -:c-,-.- sc?' 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