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Resolution 2004-325 Retn: CLBRl TO THI BOARD INTBROmCI 4TH noOR mmo 3491367 OR: 3660 PG: 4071 RICORDBD in the omCIAL mORDS of COLLIBR COUlITY I 1L 10/15/2004 at 08:12AK DWIGHT B. BROCK, CLBRI 17C RIC m 27.00 cams 3.00 RESOLUTION NO. 2004 - 325 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION A VPLA T2004-AR6172 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 20 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF TRACTS 30 THROUGH 32, ACCORDING TO THE PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE THREE" AS RECORDED IN PLAT BOOK 22, PAGES 95 THROUGH 100, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Greg Jeppesen, P.E., as agent for the petitioner, Tollgate Commercial Center, does hereby request the vacation of the 20 foot wide Drainage Easement located along the rear of Tracts 30 through 32, according to the plat of "Tollgate Commercial Center Phase Three" as recorded in Plat Book 22, Pages 95 through 100, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating the 20 foot wide Drainage Easement located along the rear of Tracts 30 through 32, according to the plat of "Tollgate Commercial Center Phase Three," 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 the County's easement interests over and across the following 20 foot wide Drainage Easement are 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. Page 1 of2 OR: 3660 PG: 4072 17C BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this /.J I-b. day of {)(I' I.. b..t1 r- , 2004, after motion, second and majority vote favoring same. DATED: 10 -,"I - 01./- ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,.. ,.. ,~ . f1t,~ditd"~, b~, ~' ",,"~' ,.,. '. Duty CIJ'l"k <, ~':":_ . 'j,:,: : :-"-:: -"'~ -~' .~ ^ ic.;. _ .'.; .. _"~ . Attest ":to,. C....1. . s s 1 C)f\aturi"~.t 1..... .." . -.,..:}? '~" . BY ~~ .J~ Donna lala, Chairman Approved as to form and legal sufficiency: ~tf:dt:, Assistant County Attorney Item # 1'1 L ~=da '0 'It .otf Date lD.f 3 ,01 Rec'd II- ~ Page 2 of2 nucr "D. ~C<lNUIrV"~ .t. o II' 110' W SCAU: " - ICICI' .... TRACT 27 LESS 1HC II('ST 100' .-.-.-.-.-.-.-.-. a ~ TRACT 28 LESS 1HC EST 100' 30 ~ ;z .-.-.-.-.-.-.-.-. TRACT 29 LE'SS 1HC IID"r 100' NeW Lor L1NC PLAT1f:O Lor LINE H 1I~'60. t 211.,.' D~ tw ........... ftJ .. F..u"....f"II'I) THe W".fT . rEEf' IT 17IIIC1'$ .. 31 _ 3Z IT 1R.L&t" aNIDI:lIII. """D. _ TIIIIr.l:. A SlJIlIIVIU7t AClDa/JMi IZ7 THe PUT THC1IDT. lPCQlII!lIClI 1M I'LAT JIlDl' .. I'AIlD" IS _ ., OF THe I'WLJt" AIl::aUIS IT ctILLJt:R t:DU1iTT. I'lDPl.lM. .NJJIES; ~ I.) 6CAIUNG.r _ _ III/C .IUD ON THE _TN LINe (JF' THe _TlNUT 9 ~TDI aN-Vf) OF .rct:TIDN _ TlNN.fHJIJ <<i _ _ n CAST AS __ __. t** OR: 3660 PG: 4073 *** SKETCH OF EASEMENT N .'117'60" t lI8G..13' EXHffiIT "A" SHEET I OF 1 A VPLA T2004-AR61 72 I I I I I I I I I I .~._._._._._._._.~#-._.- - I ~. I I I J I I I Is ~ ... TRACT 32 !'.I ~ .. .- - _... - __I - - -- - -_I TRACT 31 20.1' I I .r.-.-.----.-.--.-.-.- I I I I CXlS11NG ZO' ~ DRAINAGe CASDIOIT I 11:) BE VACATm TRACT 30 ..., jl ~I II ~I ~I I ~ i . I "- - -- - --" C.& 14 QU) .uu~ AUIr s _'" W 2~' ~ -_4m 1Mii' OF' SllI10t OF' _~ _ Of, _ z. ~ x= l'&&r~'=; ==- :B9'UI7lOo &:- 9J'I'4Mf'I4,. :Inc. ~ .,~~ :I-;;~:'... d:J4~ K~ w.' ~ K..:e. 1.I.f' K.,.. w-J. '$"tOI (1111) 1ft - 5116$