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Resolution 2005-407 RESOLUTION NO. 05307 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO RELEASE THE RESER VA TION OF TRACT 13E FOR FUTURE RIGHT-OF-WAY ACCORDING TO THE PLAT OF LELY RESORT, PHASE ELEVEN, RECORDED AT PLAT BOOK 23, PAGES 52 THROUGH 55, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 28, 1994, approved the plat of Lely Resort, Phase Eleven (Plat) for recording; and WHEREAS, Lely Resort, Phase Eleven is recorded at Plat Book 23, Pages 52 through 55; and WHEREAS, Tract 13E is referenced in the General Notes on the Plat as being reserved by the tract owner (Developer) for future right-of-way upon replat and acceptance by the Board of County Commissioners of permanent construction plans and permanent right-of-way; and WHEREAS, the Developer h~s an approved Site Development Plan (SDP) for a project known as Ole', AR-6712 and the approved SDP depicts buildings and other improvements within Tract 13E; and WHEREAS, Tract 13E is located within the boundaries of Lely, a Resort Community Planned Development (Ordinances 85-17, 91-29, 92-15, and 92-38); and WHEREAS, a Development Agreement exists for right-of-way other than Tract 13E; and WHEREAS, by releasing the reservation of Tract BE, the Board of County Commissioners is not acting contrary to Lely, a Resort Community Planned Development and the Developer Agreement; and WHEREAS, Community Development and Environmental Services staff and Transportation staff supports the release the reservation of Tract BE for future right-of-way; and WHEREAS, the County Attorney's Office has opined that the County would have no real property interest in Tract BE until replat and acceptance by the Board of County Commissioner of a future right-of -way within Tract BE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the reservation requiring Tract BE to be dedicated for future right-of-way be released. BE IT FURTHER RESOL YED AND ORDERED that the Clerk of the Circuit Court make notation of this action on the final plat, recorded at Plat Book 23, Pages 52 through 55, public records, Collier County, Florida. rIhis Resol~ion ad.,:rted after motion, second and majority vote favoring same, this ;;: r 'day of l) bi/<0J? e../ ,2005, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B' -~W.~ y. FRED W. COYLE, CHA AN ~ . '-, --~--,----"....--"..~ H _.--- I ..." -_,.____~M~._,...,,___".._,...