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Backup Documents 06/25/2013 Item #17B i June 2 , LU13 VAC-PL20130000583 Fiddlers Creek Phase 5 3 COLLIER COUNTY FLORIDA L' dvI mil, REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS v • r% -� To: Clerk to the Board: Please place the following as a: f Jt' ►4 Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) Originating Dept/Div: Engineering Services,Community Development&Environmental Services Person: Marcus L.Berman.P.S.M. Date: May 6,2013 Petition No.(If none,give brief description): VAC-PL20130000583 Fiddlers Creek Phase 5 Petitioner: (Name&Address): Mark Woodward,Esq.,Woodward,Fires&Lombardo,P.A.,3200 Tamiami Trail North,Suite 200,Naples,Florida 34103. Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:(Based on advertisement appearing 20 days before hearing)June 25,2013 Newspaper(s)to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑Legally Required Proposed Text: (Include legal description&common location&Size: Companion petition(s),if any&proposed hearing date:nta Does Petition Fee include advertising cost?❑Yes ® No,If Yes,what account should be charged for advertising costs: 131.13:s27-6 9100 Revi, d by: if Kenna c .23 aunty Engineer Date List Attachments: See below DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division ❑Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. ********************************************************************************************* ************* FOR CLERK'S OFFICE USE 2i1 i1 Date Received:. /5�1 Date of Public hearing: 250_ Date Advertised: J �3 &7/ /3 17B May 15, 2013 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement on Wednesday, June 5, 2013 and Wednesday June 12, 2013, and furnish proof of publication to the attention of Marcus L. Berman, County Land Surveyor in the Growth Management Division, Engineering Services Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be one column wide in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Engineering Review Section FUND & COST CENTER: 131-138327-649100-00000 PURCHASE ORDER NUMBER: 4500140027 Account Number: 068783 NOTICE OF PUBLIC HEARING l7Ls Notice is hereby given that on June 25,2013, in the Board of County Commissioners meeting room,third floor, Collier Government Center, 3299 East Tamiami Trail,Naples FL, the Board of County Commissioners(BCC)will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC-PL20130000583, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A 20-FOOT WIDE LAKE MAINTENANCE EASEMENT (L.M.E.), BEING A PART OF TRACT E OF FIDDLERS CREEK PHASE 5, AVIAMAR UNIT ONE, PLAT BOOK 45, PAGES 34 THROUGH 39 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT A. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk(SEAL) June 5, & 12, 2013 Acct. #068783 17 B February 28, 2013 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: VAC-PL20130000583, Fiddlers Creek Phase 5 Dear Legals, Please advertise the above referenced notice Wednesday, June 5, 2013 and again on the following Wednesday, June 12, 2013 and send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500140027 17B May 15, 2013 Board of County Commissioners Public Hearing Advertisinq Requirements Please publish the following Advertisement on Wednesday, June 5, 2013 and Wednesday June 12, 2013, and furnish proof of publication to the attention of The Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples FL 34112. The advertisement must be one column wide in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the followinq on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Engineering Review Section FUND & COST CENTER: 131-138327-649100-00000 PURCHASE ORDER NUMBER: 4500140027 Account Number: 068783 176 NOTICE OF PUBLIC HEARING Notice is hereby given that on June 25,2013,in the Board of County Commissioners meeting room,third floor, Collier Government Center, 3299 East Tamiami Trail,Naples FL,the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION VAC-PL20130000583, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A 20-FOOT WIDE LAKE MAINTENANCE EASEMENT (L.M.E.), BEING A PART OF TRACT E OF FIDDLERS CREEK PHASE 5, AVIAMAR UNIT ONE, PLAT BOOK 45, PAGES 34 THROUGH 39 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, MORE SPECIFICALLY SHOWN IN EXHIBIT A. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk(SEAL) June 5, & 12, 2013 County of Collier 17 B CLERK OF THE1CIR UIT COURT g Dwi ht E. Brock COLLIER COU . Y COURTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 1024, y P.O. BOX 413044 Accountant NAPLES,FLORIDA 'p 1 NAPLES, FLORIDA Auditor 34112-5324 34101-3044 Custodian of County Funds May 15, 2013 Woodward, Pires & Lombardo, P.A. Attn: Mark Woodward, Esq. 3200 Tamiami Trail North Suite 200 Naples, FL 34103 Re: Petition VAC-PL20130000583, Fiddlers Creek, Phase 5 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 25, 2013, as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, June 5, 2013 and again on Wednesday, June 12, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ntfjaL___ Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755�y Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com 17B Martha S. Vergara From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, May 16, 2013 11:26 AM To: Martha S.Vergara Subject: RE: VAC-PL20130000583 - Fiddlers Creek Phase 5 Got it... Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239)263-4871 I Fax: (239)325-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you?Call us at(239)213-6000 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Thursday, May 16, 2013 9:34 AM To: Legals NDN Subject: VAC-PL20130000583 - Fiddlers Creek Phase 5 Legals, Please advertise the following attached ad Wednesday,June 5, 2013 and again on Wednesday,June 12, 2013. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Martha S.Vergara 1 / B Sent: Friday, May 17, 2013 2:58 PM To: marcusberman @colliergov.net; Kendall, Marcia; Neet, Virginia; Rodriguez,Wanda; Ashton, Heidi Subject: VAC-PL20130000583, Fiddlers Creek Phase 5 Attachments: UASA6B6 (2)jpg Hello All, Attached you'll find the proof for the aforementioned ad, review and let me know of any changes needed. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com 1 NOTICE OF PUBUC HEARING Notice is hereby given that on Jura third 2013 in the Board of County. Commissioners Collier Go meeting Cente t3 ir9 flpor,Collier Government Center.3299 East Tamiami Tra 1 Naples FL,the 17 B Board of County Commissioners tfICQ will consider the enactment of a County Resolution.The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO.2013-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY,FLORIDA,RELATING TO PETITION VAC-PL20130000583,TO DISCLAIM.RENOUNCE AND VACATE THE.COUNTY AND.THE PUBLIC INTEREST IN A 20-FOOT WIDE LAKE MAINTENANCE EASEMENT(L.M.E.), BEING A PART OF TRACT E OF FIDDLERS CREEK PHASE 5,AVIAMAR UNIT ONE.PLAT BOOK 45,.PAGES 34 THROUGH 39 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,ALSO BEING A PART OF SECTION 13. TOWNSHIP 51 SOUTH.RANGE 26 EAST,COLDER COUNTY,FLORIDA, MORE SPECIFICALLY SHOWN tN EXHIBIT A A copy of the proposed Resolution is on file with the Clerk'to the Board and is available for inspection, All Interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County:manager prior to presentation of the agenda hem to be addressed. Individual speakers will be limited to 3.minutes on any item.The selection of any individual to speak on behalf of an organization or groups encouraged. If recognized by the Chairman,:a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets roust submit said material a minimum:of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record Any person who decides to appeal any dectston of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal us based. if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled.at no cost to you,to the provision of certain assistance.. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite I01,Naples,FL 34112-5356, (239)252-8580.at feast two days prior to the meeting Assisted listening devices for the hearing impaired are available in.the Board of County Commissioners.Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA GEORGIA A. HILLER,ESO., CHAIRWOMAN DWIGHT E.BROCK,CLERK By. Martha Vergara Deputy Clerk(SEAL) June 5,0 12.2013 No.1990128 17B Martha S. Vergara From: PepinEmily <EmilyPepin @colliergov.net> Sent: Friday, May 17, 2013 3:19 PM To: BermanMarcus Cc: Rodriguez,Wanda; Neet,Virginia;Ashton, Heidi; Martha S.Vergara Subject: RE:VAC-PL20130000583, Fiddlers Creek Phase 5 Attachments: Approved Resolution - 051713.pdf Marc, The title in the advertisement should mirror the title in the Resolution as attached. Emily R. Pepin Assistant County Attorney (239) 252-8400 Original Message From: AshtonHeidi Sent: Friday, May 17, 2013 3:04 PM To: PepinEmily Cc: RodriguezWanda; NeetVirginia Subject: FW:VAC-PL20130000583, Fiddlers Creek Phase 5 Emily, Is this okay? Heidi Ashton-Cicko Heidi Ashton-Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Original Message From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday, May 17, 2013 2:58 PM To: BermanMarcus; KendallMarcia; NeetVirginia; RodriguezWanda; AshtonHeidi Subject:VAC-PL20130000583, Fiddlers Creek Phase 5 Hello All, Attached you'll find the proof for the aforementioned ad, review and let me know of any changes needed. Thanks, 1 17B Martha S. Vergara From: PepinEmily <EmilyPepin @colliergov.net> Sent: Friday, May 17, 2013 3:33 PM To: BermanMarcus Cc: Martha S.Vergara Subject: FW:VAC-PL20130000583, Fiddlers Creek Phase 5 Attachments: Approved Resolution - 051713.pdf Here it is in word if you need this. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A 20-FOOT WIDE LAKE MAINTENANCE EASEMENT(L.M.E.), BEING A PART OF TRACT E OF FIDDLERS CREEK PHASE 5,AVIAMAR UNIT ONE, PLAT BOOK 45, PAGES 34 THROUGH 39 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,ALSO BEING A PART OF SECTION 13,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20130000583) Emily R. Pepin Assistant County Attorney (239) 252-8400 Original Message From: PepinEmily Sent: Friday, May 17, 2013 3:19 PM To: BermanMarcus Cc: RodriguezWanda; NeetVirginia;AshtonHeidi; Martha S.Vergara Subject: RE:VAC-PL20130000583, Fiddlers Creek Phase 5 Marc, The title in the advertisement should mirror the title in the Resolution as attached. Emily R. Pepin Assistant County Attorney (239) 252-8400 Original Message From:AshtonHeidi Sent: Friday, May 17, 2013 3:04 PM To: PepinEmily Cc: RodriguezWanda; NeetVirginia Subject: FW:VAC-PL20130000583, Fiddlers Creek Phase 5 Emily, Is this okay? 1 17B Martha S. Vergara From: PepinEmily <EmilyPepin @colliergov.net> Sent: Friday, May 17, 2013 3:37 PM To: Martha S.Vergara Subject: RE: VAC-PL20130000583, Fiddlers Creek Phase 5 OK great! Thanks, Martha. Emily R. Pepin Assistant County Attorney (239) 252-8400 Original Message From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Friday, May 17, 2013 3:37 PM To: PepinEmily Subject: RE:VAC-PL20130000583, Fiddlers Creek Phase 5 No worries,just didn't have the changes.. so yep it didn't mirror what was approved.. I will get it changed. Martha Original Message From: PepinEmily [mailto:EmilvPepin@colliergov.net] Sent: Friday, May 17, 2013 3:35 PM To: Martha S.Vergara Subject: RE:VAC-PL20130000583, Fiddlers Creek Phase 5 I have a feeling the ad request was submitted prematurely before my review, since I had not approved the language that was submitted. Emily R. Pepin Assistant County Attorney (239) 252-8400 Original Message From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday, May 17, 2013 3:34 PM To: PepinEmily Subject: RE: VAC-PL20130000583, Fiddlers Creek Phase 5 I only have what was sent in the ad request. I don't have what you are talking about, if you will make sure that when there is any change to the title we get it we will have it mirror the resolution. Original Message From: PepinEmily [mailto:EmilyPepin @colliergov.net] 1 Sent: Friday, May 17, 2013 3:30 PM 17 B To: Martha S.Vergara Subject: RE:VAC-PL20130000583, Fiddlers Creek Phase 5 There are slight variations as to the format, such as the petition number is at the end and the reference to Exhibit A is removed. Same project, but an updated Resolution from what is showing here. Emily R. Pepin Assistant County Attorney (239) 252-8400 Original Message From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Friday, May 17, 2013 3:27 PM To: PepinEmily Subject:VAC-PL20130000583, Fiddlers Creek Phase 5 Emily, I don't know which one you're looking at but attached is what I received for Fiddlers Creek Phase 5. It thought it mirrored the Resolution. Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 17B RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A 20-FOOT WIDE LAKE MAINTENANCE EASEMENT (L.M.E.),BEING A PART OF TRACT E OF FIDDLERS CREEK PHASE 5, AVIAMAR UNIT ONE, PLAT BOOK 45, PAGES 34 THROUGH 39 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,ALSO BEING A PART OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20130000583) WHEREAS, pursuant to Section 177.101, Florida Statutes, and Resolution 2006-160, Petitioner, Mark Woodward, Esq., of Woodward, Fires & Lombardo, P.A., has requested the vacation of the County and the Public interest in a 20-foot wide Lake Maintenance Easement (L.M.E.), being a part of Tract E of Fiddlers Creek Phase 5, Aviamar Unit One, Plat Book 45, pages 34 through 39 of the Public Records of Collier County, Florida, also being a part of Section 13, Township 51 South, Range 26 East, Collier County, Florida, being more specifically described in Exhibit A; and WHEREAS, at its May 14, 2013 regular meeting, the Board of Commissioners, via Resolution No. 2013-104, approved the scheduling of a public hearing on June 25, 2013, pursuant to Section 177.101,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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County interest in a 20- foot wide Lake Maintenance Easement (L.M.E.), being a part of Tract E of Fiddlers Creek Phase 5, Aviamar Unit One, Plat Book 45, pages 34 through 39 of the Public Records of Collier County, Florida, also being a part of Section 13, Township 51 South, Range 26 East, Collier County, Florida, 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 Fiddlers Creek Phase 5, Aviamar Unit One, recorded in Plat Book 45,Pages 34-39 of the public records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this the day of , 2013. Fiddlers Creek Phase 5/VAC-PL20130000583 1 of 2 5117/13 178 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk GEORGIA A.HILLER, ESQ. Chairwoman Approved as to form and legality: Emily R. PeplA Assistant County Attorney Attachments: 1) Exhibit A 2) Location/Site Map cP\13-EIS-02426\27 Fiddlers Creek Phase 5/VAC-PL20130000583 2 of 2 5/17/13 i • a . ... . ., , .. . . ... . .. ... , . . . . . .. . .... .... , 0 0 c. 0-ti . nu) • . TRACT"L-65-E" - ---eass... I 33 Es" 111 at til (LAKE, DE, LME) 5 1 0 A b • C'm 5 w r, - .1- L2 Z 0 M ' I I. 1 7)0 Z II t .\\‘) '6 F3p) 1:$ 1 Cld RIIII 2 "".. 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V 2 a, ,i L.)ki& • ^o—1('Jcn c cd,a co 0 "•C A 1211'c.agg 0 -. u..i . > t., ge, vg, St n o ///////'.:' 0 0 s .. 0, I-I E'l 03 4) c - Of - w - 11 ,,t1(:::::1-:?.' i S•9 0 Z ii / ta 4) , 0 , . 0 E" 111 0 / N g c V .** 3,0 to' o ' t _ a) ct -o c ca o3 c 'E c to 17B May 15, 2013 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement on Wednesday, June 5, 2013 and Wednesday June 12, 2013, and furnish proof of publication to the attention of The Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples FL 34112. The advertisement must be one column wide in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Engineering Review Section FUND & COST CENTER: 131-138327-649100-00000 PURCHASE ORDER NUMBER: 4500140027 Account Number: 068783 17B NOTICE OF PUBLIC HEARING Notice is hereby given that on June 25,2013,in the Board of County Commissioners meeting room,third floor, Collier Government Center, 3299 East Tamiami Trail,Naples FL,the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A 20-FOOT WIDE LAKE MAINTENANCE EASEMENT (L.M.E.), BEING A PART OF TRACT E OF FIDDLERS CREEK PHASE 5, AVIAMAR UNIT ONE, PLAT BOOK 45, PAGES 34 THROUGH 39 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. (PETITION VAC-PL20130000583) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk(SEAL) June 5, & 12,2013 1713 Martha S. Vergara From: PepinEmily <EmilyPepin @colliergov.net> Sent: Monday, May 20, 2013 9:46 AM To: Martha S.Vergara; Neet, Virginia; Rodriguez, Wanda; BermanMarcus Subject: RE: REVISED AD PROOF -VAC-PL20130000583 - Fiddlers Creek Phase 5 Approved. Emily R. Pepin Assistant County Attorney (239) 252-8400 Original Message From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Monday, May 20, 2013 9:24 AM To: NeetVirginia; RodriguezWanda; PepinEmily; BermanMarcus Subject: REVISED AD PROOF-VAC-PL20130000583- Fiddlers Creek Phase 5 Good Morning All, Attached is the Revised Proof from NDN, review and let me know of any changes needed. Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 17B Martha S. Vergara From: BermanMarcus <MarcusBerman @colliergov.net> Sent: Monday, May 20, 2013 9:49 AM To: Martha S.Vergara; Neet, Virginia; Rodriguez, Wanda; PepinEmily Subject: RE: REVISED AD PROOF -VAC-PL20130000583 - Fiddlers Creek Phase 5 Approved Marcus L. Berman, P.S.M. Collier County Land Surveyor Engineering Services Growth Management Division/Planning and Regulation Office: (239) 252-6885 El Please consider the environment before printing this email. Original Message From: Martha S.Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Monday, May 20, 2013 9:25 AM To: NeetVirginia; RodriguezWanda; PepinEmily; BermanMarcus Subject: REVISED AD PROOF-VAC-PL20130000583 - Fiddlers Creek Phase 5 Good Morning All, Attached is the Revised Proof from NDN, review and let me know of any changes needed. Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 17B 2NOTICE OF PUBLIC HEARING 013 hnerehe Boatdatf toaty 2013 in the Board of County Commissioners meeting room,third floor,Collier Government Center.3259 East Tartsiami Trail,Naples FL,.the Board of County Commissioners{BCC) w.11 consider the enactment of a County Resolution.The meeting will commence at 9:30 A.M_ The title of the proposed Resclutor in as bo lows: RESOLUTION NO.2013-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS.OF COWER COUNTY.FLORIDA.TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A 20-FOOT WOE LAKE.MAINTENANCE EASEMENT(L.M.E.).BEING A PART OF TRACT E OF.FIDDLERS CREEK PHASE 5, AVIAMAR Miff ONE.PLAT BOOK 45, PAGES 34.THROUGH 39 OF.THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,ALSO BEING A PART OF SECTION 13,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. (PETITION VAC-9L201300005832 A copy of the proposed Resold;on is on file with the Clerk to the Board znd is available for inspection. All interested parties are invited to attend and be hears. NOTE:.Ali persons wishing to speak on any agenda item:must register.with the Coursty manager prior to presentation of the agenda hem to be addressed. Individual speakers will be Matted to 3 minutes on any her The selection of anyindivKAta to speak on behalf of an organization or group is encouraged. if recognized by the Chairman,a spokesperson for a group di,organization may be allotted'0 minutes no speak on an itein. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective turbid hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board snit need a record of the proceedings pertaining thereto and therefore,may need to ensure that a vercatrt record of the proceedings is made,which record includes the testimony and evidence upon whirls the appeal phased. if you are a person w(rh a disability wnc needs any accommodation in order to participate in the proceeding, you are entitled,at no cost to you,to the provision of certain assistance, Please contact the Col'.ier County. Facilities Management Department, located at 3935 Temiami Tract East. Suite 101,Naples,FL 34112-5356, 12391 2528580,at least two days prior to the meeting Assisted listening devices fo-the bearing impaired are aeailaole in the Board of County Commissioners Office. BOARD OF COUNTY COMMIISSONERS COLLIER COL,NTY,FLORIDA GEORGIA A. H;LLFR,ESO., C-AIRWOMAN DW'GHT E.BRCCK,CLERK By: Martha Vergata Deputy ClerkMSEAL) 1Lne 5,&12,2013 Ne.1990126 176 Martha S. Vergara From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Monday, May 20, 2013 9:57 AM To: Martha S.Vergara Subject: RE:Ad Confirmation Thanks! Released for publication... Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you?Call us at (239) 213-6000 Original Message From: Martha S.Vergara [mailto:Martha.VergaraPcollierclerk.com] Sent: Monday, May 20, 2013 9:49 AM To: Polidora, Carol Subject: RE: Ad Confirmation Carol, This ad has been approved, please proceed with publishing as requested. Thanks, Martha Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Monday, May 20, 2013 9:13 AM To: Martha S.Vergara Subject: Ad Confirmation Good Monday Morning Martha! Please find the revised proof attached for approval ASAP. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239)263-4871 I Fax: (239) 312-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com 1 17B Read.Learn.Share. How may we help you?Call us at (239) 213-6000 Thank you for placing your ad. Date 05/20/13 Publication NDN Account Number 744106 Ad Number 1990126 Total Ad Cost $385.61 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 i . 17B NOTICE OF PUBLIC HEARING Naples Daily News Notice is hereby given that on June 25, Naples, FL 34110 2013, in the Board of County Commissioners meeting room, third floor, Collier Goivernment Center, 3299 East Tamiami Trail, Naples FL, the Affidavit of Publication Board of County Commissioner (BCC) will consider tbhe enactment of a Naples Daily News County Resolutl The meeting will commence at 9:00 A.M. The title of +_ the proposed Resolution is as follows: RESOLUTION NO.2013- BCC/ENGINEERING-ENVIRONMENTAL A RESOLUTION OF THE BOARD OF FINANCE DEPARTMENT COUNTYC:L RIDA NTO DISCLAIM, #700 RENOUNCE AND VACATE THE 3299 TAM IAMI TRL E COUNTY AND THE PUBLIC INTEREST IN A 20-FOOT WIDE LAKE MAINTENANCE NAPLES FL 34112 EASEMENT(LM.E.),BEING A PART OF TRACT E OF FIDDLERS CREEK PHASE 5, AVIAMAR UNIT ONE,PLAT BOOK 45, PAGES 34 THROUGH 39 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A REFERENCE: 068783 4 5 0 014 0 0 2 7 PART OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER 59720401 NOTICE OF PUBLIC HEA COUNTY, FLORIDA. (PETITION VAC-PL20130000583) A coy of fhe,proposed Resolution is State of Florida onfiewiththeClerktotheBoardand is available for inspection. All Counties of Collier and Lee interested parties are invited to attend and be heard. • Before the undersigned authority, personally NOTE:All persons wishing to speak on appeared Amy Davidson, says that she serves as the any agenda,item must register with the County" manager pnor to Inside Sales Supervisor, of the Naples Daily News, presentation of the agenda item to be Pia daily newspaper published at Naples, in Collier ddi�fRised. IndiviQgal SRQdkers will be lled to of any individual a to speak The selection of any to speak on County, Florida: distributed in Collier behalf of an orgganization or group is encouraged. If recognized by the and Lee counties of Florida; that the attached Chairman, a spokesperson fora group or organization may be allotted 10 copy of advertising was published in said minutes to speak on an item. newspaper on dates listed. Persons wishing to have written or graphic materials included in the Affiant further says that the said Naples Daily said agenda packets must submit said material a minimum of 3 weeks News is a newspaper published at Naples, in said prior to the respective public hearing. In any case,written materials intended Collier County, Florida, and that the said to be considered by the Board shall be submitted to the appropriate County newspaper has heretofore been continuously staff a minimum of s days prior to Y even the public hearing. All materials used day and has been entered as second class mail become presentations before the Board the become a permanent part of the matter at the post office in Naples, in said record. Collier County, Florida, for a period of 1 year de i n person who dB h Board to appeal any Y record of the proceedingslpertaining next preceding the first publication of the thereto and therefore, may need to attached copy of advertisement and affiant ensure that a verbatim record of the r proceedinqt is made, which record further says that he has neither paid nor uponw tht testimony and evidence P upon which the appeal is based. promised any person, firm or corporation any If you area person with a disability who needs any accommodation in discount, rebate, commission or refund for the order to participate in this proceeding, purpose of securing this advertisement for you are entitled,at a cost to you, e. g the provision of certain assistance. publication in the said newspaper. Please contact the Collier County Facilities Management De artment, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, PUBLISHED ON• 06/05 0 6/12 (239) 252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNT?,FLORIDA GEORGIA ,.Ay°,HILLER, ESQ., CHAIRWOMAR ' DWIGHT E.BRO8+K.CLERK AD SPACE: 74 LINE By: Martha verge,l.) Deputy Clerk(SEAL) FILED ON: 06/12/13 June5,&12,2013 No.1990126 Signature of Affiant Al, 7 it IA 101, Sworn to and Subscribed be r :re me thN s ji day of � _' 20 / Personally known by mew Y Y /A �,I ■ �s I ='ti IDOF A.. MY f 0 i(vlIS ION 4 LE 85:758 i ; . - EXPiRFS:Novc n e 23,2014 u.�aFLq Bonded Thru Plchard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO / b a_ao THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA RE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW**ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office (05113 4. BCC Office Board of County ,koLA Commissioners �/ e(A(i3 5. Minutes and Records Clerk of Court's Office 601Q `� PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Marcus L.Berman,P.S.M. Phone Number 239.25 .6885 Contact/ Department Agenda Date Item was 6/25/2013 Agenda Item Number 17.B. Approved by the BCC Type of Document Resolution Number of Original 1 Attached 30 1,3 Documents Attached PO number or account 131-138327-649030 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? MLB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be MLB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's MLB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the MLB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MLB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time he item is input into SIRE. it Some documents are time sensitive and require forwarding t Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware o our deadlines! 8. The document was approved by the BCC on 6-25-2013 and all changes made during MLB the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the P Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 178 MEMORANDUM Date: July 10, 2013 To: Marcus Berman, P.S.M. Engineering & Environmental Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Recorded Resolution 2013-136: To Disclaim, Renounce and Vacate County and public interest in a 20-foot wide Lake Maintenance Easement on a part of Tract "E" Fiddler's Creek Phase 5 —Aviamar Unit One Attached for your records is a copy of the document referenced above, (Item #17B) adopted by Collier County's Board of County Commissioners on June 25, 2013. If you have any questions please feel free to call me at 252-8406. Thank you. Attachment 178 RESOLUTION NO.2013- 13 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A 20-FOOT WIDE LAKE MAINTENANCE EASEMENT (L.M.E.), BEING A PART OF TRACT E OF FIDDLERS CREEK PHASE 5, AVIAMAR UNIT ONE, PLAT BOOK 45, PAGES 34 THROUGH 39 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A PART OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20130000583) WHEREAS, pursuant to Section 177.101, Florida Statutes, and Resolution 2006-160, Petitioner, Mark Woodward, Esq., of Woodward, Pires & Lombardo, P.A., has requested the vacation of the County and the Public interest in a 20-foot wide Lake Maintenance Easement (L.M.E.), being a part of Tract E of Fiddlers Creek Phase 5, Aviamar Unit One, Plat Book 45, pages 34 through 39 of the Public Records of Collier County, Florida, also being a part of Section 13, Township 51 South, Range 26 East, Collier County, Florida, being more specifically described in Exhibit A; and WHEREAS, at its May 14, 2013 regular meeting, the Board of Commissioners, via Resolution No. 2013-104, approved the scheduling of a public hearing on June 25, 2013, pursuant to Section 177.101, 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County interest in a 20- foot wide Lake Maintenance Easement (L.M.E.), being a part of Tract E of Fiddlers Creek Phase 5, Aviamar Unit One, Plat Book 45, pages 34 through 39 of the Public Records of Collier County, Florida, also being a part of Section 13, Township 51 South, Range 26 East, Collier County, Florida, 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 Fiddlers Creek Phase 5, Aviamar Unit One, recorded in Plat Book 45, Pages 34-39 of the public records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same,this thQ'thday of Zlkh>? , 2013. INSTR 4861292 OR 4940 PG 511 RECORDED 7/3/2013 10:16 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Fiddlers Creek Phase 5/VAC-PL20130000583 1 of 2 COLLIER COUNTY FLORIDA REC$44.00 5/17/13 17B ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIE' f?UNTY, 'LORIDA b. • e ® C By: 1 -,# `4* GE• .W ". HILLER, ESQ. Attest'as to Chi• Chairwoman signaue`onl . Approved as tof I'orrn and legality: / Emily R. Pep Assistant County Attorney Attachments: 1) Exhibit A 2) Location/Site Map CP\13-EIS-02426\27 Fiddlers Creek Phase 5/VAC-PL20130000583 2 of 2 5/17/13 1713 O410 100-60-Z1\ICMe:111 \NV7d L/31SVIN\(6) ing NO/1tGeo OM" NOLIVOVA 31217 )/33210 5,21370013\ZIOZ ..3A811S-S103/'O2ld\:S CO CO ((0 < � -O N � ? Z o z EXHIBIT z N N ° m i A ,, , yy4......„ u. 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