Resolution 2005-274
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RESOLUTION NO. 2005- 274
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETITION A VROW2005-AR7786 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S
INTEREST IN THE EAST 20 FEET OF THE 50-FOOT WIDE PARCEL FOR
ROAD RIGHT-OF-WAY ALONG SMALLWOOD DRIVE (FORMERLY S.R.
NO. 29), LOCATED IN SECTION 31, TOWNSHIP 53 SOUTH, RANGE 30
EAST (CHOKOLOSKEE ISLAND).
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Richard D.
Yovanovich, Esq., from Goodlette Coleman & Johnson, P.A., as agent for the petitioners, Barry
L. and Karen S. Birdwell, does hereby request the vacation of the east 20-foot portion of the 50-
foot right-of-way; and
WHEREAS, the Office of the Collier County Attorney has opined that the east 20-foot
portion of the 50-foot right-of-way to be vacated has been dedicated to the County and to the
Public pursuant to ~ 95.361.(2) Florida Statutes; and
WHEREAS, the Board has this day held a public hearing to consider vacating the east 20-
foot portion of the 50-foot road right-of-way that was granted to Collier County and to the Public
pursuant to ~ 95.361.(2) Florida Statutes, as more fully described below, and notice of said public
hearing to vacate was given as required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right
of convenient access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that both the County's and the
Public's interests to the east 20-foot wide portion of the 50-foot right-of-way is hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest
and for the Public's benefit:
See Exhibit "A" attached hereto and incorporated herein.
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BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a
certified copy of this Resolution, the proof of publication of the notice of public hearing and the
proof of publication of the notice of adoption of this Resolution in the Official Records of Collier
County, Florida.
This Resolution is adopted this .:? t 4 day of d..t ~/y? 2005,
/ /
after motion, second and majority vote favoring same. v
DATED:1-~1"D5
ATTEST;..........., BOARD OF COUNTY COMMISSIONERS
DWIqtt~.~~!tOS,~' Clerk COLLIER COUNTY, FLORIDA
;;~4rrtii'<:~ ~ L D..,
. ~~L ~"'~\ -."~r:,~' ~ '/V: be.. BY;' _ W, _
~!lI~,Cwr~"c~':/i/ Fred W, Coyle, Chairm~
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Approved as to form and legal sufficiency:
if>J,)'~~
Jenni er A. BelpedlO
Assistant County Attorney
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SKETCH OF DESCRIPTION
EXHIDIT "A"
SHEET I OF I
.s: ~ A VROW2005-AR7786
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,O",.~ ~ l""' GENERAL NOTES:
~I "ff: 'I P,o.O, ,- PoInt of Comm..com'"
~ I .s: 78""'6'"c: d ~ d ;;0; 2 P.O.B. Indicates Point of Beginning
I . ~ CI) 20' AI.i.~ 3 Sec. Indicates Section.
20",,. A~ Y 4 Twp. indicates Township
lIS I ' -_ c-""'t 5 R e. indicates Range.
~~ ~o - 6 AI? distances are In feet and decimals thereof,
.!~O' P.O.B. 7 Bearings are based on the Weste1: line of the'
N,W, 1,4 of See, 31, Twp 53 S, ge 30 E:
~Oi' ~'I being .Oa12'14"W.
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~).. ;L LEGAL DESCRIPnON
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'I~ A Porc. of Land lying In SectIon Jr, TolWIsh" 53 South, Range ;JO
Q f"" Eallt, OIa/ro/OtJ/t_ III/and. Co/lfer Countl' FloridrJ, being 0 porilon of
.0
51~ Lot 2. Plot of the ,",lit HoIf of the Northnst 1/4 of UnllUrveyed
S4Jctlon 31, T.". 53 S:, Rge. 3D E., ar:cordIng to the Plat thflrflOf
II f'eCDl'ded In Plat Book 1, Page 20, of the PublIc Records of Collier
Count~ Florldt1, being more partIcularly dnt:ribfld 011 follows:
Commence at the Southwest Com", of the NorthWfNlt 1/4 of the
Northwest 1/4 of sold SectIon 31, TolWIshfp 53 South, Range 30 East,
CollI", Countl' Florida; thence N.OO72'14"E., along the tMMt LIne
of the North.,.t 1/4 of Section Jr. 148.00 feet; thence
.... 5.7871'16-E. for 51.04 feet; thence S:OO'12'14-W. for 20.42 feet,
:6 Q .
~lI! to the InttrllflCtlon of the Easterly RIght-of-Way LIne of Smallwood
'ti~~ Drive and the Southerly LIne of a 20 foot wide Acceu Eat!lflment
. k ~ . (A.K.A. Snaolt Alley) and for a POINT (F BEGINNING; thence
t:! S:re! S:0072'14-W. along sold Easterly ~t-of-Way LIne, 170.05 feet;
~ 'ti ..: thence along the bound?!r. of the 'Old School Property' the two
a.. E't "l ~ ~ following COUf'llfllS. N.42'4-2 'SS'W. for 21.53 feet; thence S:5.J'0f.6'14'w.
:6 ~ J ; .", for 6.63 feet; thence N. OO'12'14"E.. along 0 line 30 fHt,
iJ ~ ~ I ~&\ I mflOllUrfKl ptIfPendlculDrly, Eosterly of tha West LIne of the N. W. 1/4
1I):re ./,;"S:S of fItlld SectIon 31, 162..JJ feet; thence s: 78'11 '16-c.. along the
./ S' 0.0 I ~~~, Southerly Une of the 20 foot wide Accea ctllllJl'flent. 20.41 feet,
~ . .. to the POINT OF BEGINNING.
~" Containing 3,252 Square Ff!JfIt or 0.075 Acnll, morrJ or IfI8&
ad _1_ - ~ SUbJooI to "-..... __a ..d ,,-,,"/lena of_
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NOT A SURVEY Eric D, KuHz . FL P..... ". No. LS- 163
~ A. TRIGO & ASSOCIATES, INC, DATE : August 1 a, 2003
PROl'ESSIONAL LUm stJRV.nDBS .k PI..lMlO:RS DRAWN BY: ED I< SCALE: N.T.S.
2223 TRADE CENTER YAY
NAPIm, FLORIDA 'M109 SHEET .L OF L FILE NO. 03.0301.01
LUm SURVEYIJrrG BUSDlIeB I 5984
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