Resolution 2013-046 RESOLUTION NO. 2013- 46
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION VAC-
PL20120002180 TO DISCLAIM, RENOUNCE AND VACATE THE
COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE
UNIMPROVED DAVILA STREET RIGHT-OF-WAY RECORDED IN
OFFICIAL RECORD BOOK 144, PAGES 634-635, OFFICIAL RECORD
BOOK 183, PAGE 359, AND THAT PART OF DAVILA STREET AS
SHOWN ON THE PLAT OF GREEN HERON ACRES RECORDED IN
PLAT BOOK 22, PAGE 70 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA LOCATED IN SECTION 35, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, MORE
SPECIFICALLY SHOWN IN EXHIBIT "A".
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution
2006-160, Petitioner, R. Bruce Anderson, Esquire of Roetzel & Andress, P.A., as agent for the
property owner, has requested the vacation of the County and the Public interest in a portion of
unimproved Davila Street right-of-way recorded in Official Record Book 144, Pages 634-635,
Official Record Book 183, Page 359 and that part of Davila Street as shown on the plat of Green
Heron Acres recorded in Plat Book 22, Page 70 of the Public Records of Collier County, Florida,
located in Section 35, Township 48 South, Range 26 East, Collier County Florida, more
specifically shown in Exhibit A; and
WHEREAS, at its January 22, 2013 regular meeting, the Board of County
Commissioners, via Resolution No. 2013-19, approved the scheduling of a public hearing on
February 26, 2013 pursuant to Sections 336.09 and 336.10, Florida Statutes, and Resolution
2006-160; and
WHEREAS, the Board of County Commissioners, on this day, held a public hearing to
consider the petitioner's request and notice of said public hearing was given as required by law;
and
WHEREAS, the granting of the petitioner's request will not adversely affect the
ownership or right of convenient access of the property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County interest in a
portion of unimproved Davila Street as specifically depicted in Exhibit "A", attached hereto and
incorporated herein by reference, 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 Green Heron Acres recorded in Plat Book 22, Page 70
of the public records of Collier County, Florida.
I oft
This Resolution adopted after motion, second and majority vote favoring same this 26th
day of February, 2013.
ATTEST: BOARD OF COUNT' COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLI> R CO TY FLORIDA
- tem csa6 joact_.
By:
,
Atthst al to Chairfl'ri Clerk IGE,N ' wiAA. HILLER, ESQ.
'signature only. V Chairwoman
AAAproved as to form and legal Sufficiency:
Emily R. Pe 41 9c1w1
Assistant County Attorney
Attachments: 1) Exhibit A; 2) Location-Site Map
CP\12-EIS-02368\22
2 of 2
SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A SURVEY
EXHIBIT "A"
'1
0 •50 100 200 .00
GRAPHIC SCALE
PAINT OF COMMENCEMENT
N.W. CORNER OF
THE N.E. 1/4 OF
LEGAL DESCRIPTION SECTION 35-48-26
BASIS OF BEARING
NORTH LINE OF SECTION 35
A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 48 SOUTH, 6 LI POINT a BEGINNING
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE JO'MIT-Of-Mr RLSCRVAROO
PARTICULARLY DESCRIBED AS FOLLOWS: alt 114 PAZ Cal
TRACT 2,GREEN HERON ACRES
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 (P.B.u,PAGE 70)
CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, THENCE S. 02' 15' 35" E. FOR 30.02
FEET ALONG THE NORTH—SOUTH 1/4 LINE OF SAID SECTION 35 TO 3
THE POINT OF BEGINNING. THENCE ALONG SAID 1/4 LINE FOR 15.01
FEET TO A POINT ON A LINE BEING PERPENDICULAR 45 FEET
SOUTH OF THE NORTH LINE OF' SAID SECTION 35. THENCE ALONG
SAID LINE N. 89' 57' 58" E. FOR 30.65 FEET TO A POINT ON A N b
LINE, SAID LINE BEING PERPENDICULAR 30 FEET EAST OF SAID 1/4
LINE. THENCE ALONG SAID LINE S. 02' 14' 38" E. FOR 1293.25 x'.wocrssieaerss lAscrrnr g W
FEET TO A POINT ON A LINE BEING THE NORTH BOUNDARY LINE !P3 22,PAM m)
OF VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32,
PGS 42-55 AS RECORDED IN THE PUBLIC RECORDS OF COLLIER JO'RIO4T-ar-r4r AESIWKII,V
(ale NI,PAGE'ON) I
COUNTY, FL. THENCE ALONG SAID NORTH BOUNDARY LINE S. 89' 14
56' 51" W. FOR 30.02 TO A POINT ON SAID 1/4 LINE OF SECTION I L'S
35. THENCE ALONG SAID 1/4 LINE N. 02' 14' 38" W. FOR 669.26
FEET TO THE SOUTHEAST CORNER OF GREEN HERON ACRES TRACT
2, AS RECORDED IN PLAT BOOK 22, PG 70 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FL. THENCE ALONG THE SOUTH LINE
OF SAID GREEN ACRES TRACT 2, S. 89' 58' 12" W FOR 30.02
FEET TO A POINT ON A LINE BEING PERPENDICULAR 30 FEET WEST L`7
OF THE SAID 1/4 LINE. THENCE N. 02' 14' 38" W FOR 639.02
FEET ALONG SAID PERPENDICULAR LINE TO A POINT ON THE JO.PGRIC 1/040
NORTH BOUNDARY LINE OF SAID GREEN ACRES TRACT 2. THENCE (OA G4 PAGEJ50)
N. 89' 58' 46" E. FOR 29.39 FEET ALONG SAID NORTH BOUNDARY
LINE TO THE POINT OF BEGINNING.
CONTAINING 57, 958 +/— SQUARE FEET MORE OR LESS. H
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE EAST—WEST 1/4 LINE OF SECTION Raw NwrCNAAt7 ACRICAICN1
35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FL, LINE TABLE (621'13°MII1°.11
LINE LENGTH BEARING
AS BEING N. 89' 58' 46" E. II Jaa2' S 02T575'C
L1 Or 5ora575'C ,
Li 50,35' N 8937'53'C
LI J0.02' s 3933'37'w
15 .70.02' s 293372'w
L3 1132' s 8931'43'E J3•PLOUC Ra e
ABBREVIATIONS Rra.r-or-our TAr
4 Pak 131 PAM]391
O.R. = OFICIAL RECORDS
VANDERBILT COUNTRY CLUB-2
P.B. 4. PLAT BOOK (P.a. JZ PAGE 42-55)
SKETCH AND LEGAL DESCRIPTION
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(239) 405-8168 (239) 405-8183 FAX
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