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Resolution 2019-018 INSTR 5667321 OR 5595 PG 485 r, RECORDED 2/1/2019 1:33 PM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$44.00 RESOLUTION NO. 2019-1 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE PARCEL OF LAND USED AS A PUBLIC RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORD BOOK 120, PAGE 187 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE PARCEL IS LOCATED DIRECTLY SOUTH OF THE SMALLWOOD DRIVE RIGHT-OF- WAY IN CHOKOLOSKEE, FLORIDA IN SECTION 31, TOWNSHIP 53 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (PETITION VAC-PL20180002479) WHEREAS, pursuant to Resolution 2013-166, Petitioner, Jim D. Shumake, of Jim D. Shumake, Attorney at Law, has requested the vacation of the County and the public interest in the parcel of land used as a public right-of-way, as recorded in Official Record Book 120, Page 187 of the public records of Collier County, Florida, located in Section 31, Township 53 South, Range 30 East, Collier County, Florida, being more specifically shown in Exhibit A, attached hereto; and WHEREAS, at its January 8, 2019 regular meeting, the Board of Commissioners, via Resolution No. 2019- 014 , approved the scheduling of a public hearing on January 22, 2019, pursuant to Resolution 2013-166; 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 and the public interest in the parcel of land used as a public right-of-way as recorded in Official Record Book 120, Page 187 of the public records of Collier County, Florida, located in Section 31, Township 53 South, Range 30 East, Collier County, Florida, being more specifically shown in Exhibit A, 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 of Collier County, Florida. 1 of 2 This Resolution adopted after motion, second and majority vote favoring same, this the day of rw K , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER C ORIDA avulLatt Ce). By: :� 4# Mint $t0 isiftlitt' Clerk V.I i' ('4 cS c*r:t1,.Sc'., C airman Approved::s to form and legality: Itl By' A lel"/Kb Scott A. Stone Assistant County Attorney Attachments: 1. Exhibit A 2. Location-Site Map 2of2 0 STONER & ASSOCIATES, INC. SURVEYORS-MAPPERS 4341 S.W. 62nd Avenue Florida Licensed Surveying Tel. (954) 585-0997 Davie, Florida 33314 and Mapping Business No.6633 Fax (954) 585-3927 EXHIBIT "A" LEGAL DESCRIPTION OF RIGHT-OF WAY VACATION SMALLWOOD DRIVE BEING A PORTION THE SOUTHWEST ONE-QUARTER (S.W.1/4) OF SECTION 31,TOWNSHIP 53 SOUTH, RANGE 30 EAST CHOKOLOSKEE ISLAND, COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST ONE—QUARTER (SW 1/4) OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 30 EAST, CHOKOLOSKEE ISLAND, COLLIER COUNTY, FLORIDA, SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NW CORNER OF THE SAID SOUTHWEST ONE—QUARTER (SW 1/4): THENCE S.00'12'14"W., ALONG THE WEST LINE OF SAID SOUTHWEST ONE—QUARTER (SW 1/4), A DISTANCE OF 100.00 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE S.00'12'14"W., ALONG SAID WEST LINE A DISTANCE OF 72.51 FEET; THENCE S.3351'31"E., A DISTANCE OF 44.64 FEET, TO A POINT ON A LINE 25.00 FEET EAST OF AND PARALLEL WITH THE SAID WEST LINE; THENCE N.D0'12'14"E., ALONG SAID PARALLEL LINE, A DISTANCE OF 109.49 FEET; THENCE N.89°47'46"W., A DISTANCE OF 25.00 FEET, TO A POINT ON THE SAID WEST LINE, SAID POINT ALSO BEING THE POINT OF BEGINNING. SAID LAND SITUATE WITHIN CHOKOLOSKEE ISLAND, COLLIER COUNTY, FLORIDA, CONTAINING 0.05 ACRES (2,275 SQUARE FEET), MORE OR LESS. NOTES: 1. THE LEGAL DESCRIPTION SHOWN HEREON IS BASED ON A QUIT—CLAIM DEED TRANSFERRING A PARCEL OF LAND FROM RAY E. STEWARD AND LAURA M. STEWARD TO COLLIER COUNTY, FLORIDA, RECORDED IN D.R.B. 120, PG. 187 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2. THE BEARINGS SHOWN HEREON ARE BASED S.0012'14"W, ALONG THE WEST LINE OF THE S.W. ONE—QUARTER (S.W.1/4) OF SECTION 31-53-30. 3. THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY. (THIS IS NOT A SURVEY). 4. THE LEGAL DESCRIPTION SHOWN HEREON WAS AUTHORED BY STONER & ASSOCIATES, INC. 5. THE SURVEY TIE LINE REFERENCED HEREIN IS NOT A PROPERTY LINE AND DOES NOT REPRESENT THE MEAN HIGH WATER LINE (MHWL) OF CKOKOLOSKEE BAY. 6. UTILITY EASEMENTS NOT SHOWN HEREON. 7. SEE SHEET 2 OF 2 FOR A GRAPHIC DEPICTION (SKETCH) OF THE EASEMENT DESCRIBED HEREON. DATE: Jun 28, 2018 — 2:09pm EST FILE: F:\Draw\Chokoloskee & Everglades City\18-8661 Silver Sides Chokoloskee\01—Drawing\RW Vacation\18-8661 RW Vacation Legal — SketU.dwg CERTIFICATE: ?3 THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IS ACCURATE AND jiRRECT TO THE BEST OF 4 MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION WAS 'REPARED IN c ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR SURVEYING ESTABLISHED BY THE BOARD OF 'ROFESSIONAL SURVEYORS SEAL AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODES, PURSUANT TO SECTION 472.0 FLORIDA STATUTES. REVISIONS DATE BY DATE OF SIGNATURE: 6/26/18 NOT "Hun UNLESSix SEALED HERE WITH JAMES D. STONER ( _ AN EMBOSSED L CO PROFESSIONAL SURVEYOR AND MAP -• 9 - STATE OF FLORIDA SURVEYOR'S SEAL Co THE MATERIAL SHOWN HEREON IS THE PROPERTY OF STONER & =co ASSOCIATES, INC. AND SHALL NOT BE REPRODUCED IN WHOLE OR DATE OF SKETCH: DRAWN BY CH D BY FIELD BOOK IN PART WITHOUT PERMISSION OF STONER & ASSOCIATES, INC. 06/26/18 JDS N Am COPYRIGHT 8 2016 / SHEET 1 OF 2 of 9niRnn02479 REV 1 '``' � `STONER & ASSOCIATES, INC. SURVEYORS-MAPPERS Tel. (954) 585-0997 4341 S.W. 62nd AVE. Florida Licensed Surveying Davie, Florida 33314 and Mapping Business No. 6633 Fax (954) 585-3927 SKETCH OF DESCRIPTION RIGHT-OF WAY VACATION SMALLWOOD DRIVE BEING A PORTION THE SOUTHWEST ONE-QUARTER (S.W.1/4) OF SECTION 31,TOWNSHIP 53 SOUTH, RANGE 30 EAST CHOKOLOSKEE ISLAND, COLLIER COUNTY, FLORIDA P.O.C. N.W. CORNER OF THE S.W. 1/4 OF SEC. .31, LEGEND: TWP. 53 S., RNG. 30 E. C.C.R. COLLIER COUNTY RECORDS P.B. PLAT BOOK SCALE: 1" — 30' PG. PAGE P.0.8. POINT OF BEGINNING 0 7� �s Fi P.O.C. POINT OF COMMENCEMENT GRAPHIC SCALE Q O.R.B. OFFICIAL RECORDS BOOK I RNG.. RANGE TWP. TOWNSHIP 2 o� 0 SEC. SECTION O -4 O li Z\ 0 C3-I DUANE McMILLIN & CECELIA McMILLIN O.R.B. 1597, PG. 2025, C.C.R. N.89 47'46"W. 25.00' ----\ P.O.B. 20' INSSTOKES RLESS ANE EASEMENT O.R.B. 1425, PG. 1129, C.C.R. GRANT OF EASEMENT O.R.B. 457, PG. 174, C.C.R. rLLJ Oj N. I— I >-O Lu o\- 3 �QU6 z ^� �_ I cn Oji vi vwi N 1 0 O C.O :I:cO .— 44-1 4- GARY McMILLIN, 25.0' N DUANE McMILLIN & RANDY McMILLIN r- O.R.B. 1425, PG. 1129, C.C.R. O O ts 3r CP Jr. 4 I p p 0 CPQ CQ^9... -0 2 NOTE: ks' SEE SHEET 1 OF 2 FOR °s°'s<< THE LEGAL DESCRIPTION OF THE cP v.' c5) SKETCH GRAPHICALLY SHOWN HEREON. SKETCH NO. �? SHEET 2 OF 2 18-8661 R/W VAe) X018 0 1 PL 00 2479 ��V p M I z Z0 b�.? ° r� z LLJ L11 �1i 0 z J 00 I—P S`0� a Ll� O W O�jo g w cn El \ cn . s T/� N V! V W 3AI2:1C GOOM11VV'S o oi. 0'1Q� ° y M Y V N E 4 '1- N g p N o O1v0 r,— " oa Q <,.-5 . o .o z 11 00 �(.? > 3 r� 31VOS011ON rA?,�Q.o�y c,, Ns� g = .4 O P-1 'daVcnF, N-0V' EyP.'p°' o U � I1 �UWa o N pp co p I 2 Up l7" Z 11118001 _ _ O o -.— Q�I, W W O l " QQ N 1r,� in o z g � z U 07 n--W U UO 0 II O • Ea O a • Q ...., N V d En c O U rn c c a 2 T"