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Resolution 2004-348 0~ Retn: CLm TO THI BOARD mBROmCB 4TH PLOOR m1240 3518415 OR: 3690 PG: 0809 1 7 A RICORDID in the omCIAL RlCORDS of COLLIBR COURTY, lL 12/06/2004 at 01:UAII DWIGHT I. BROCK, CLm RIC lIB 52.50 COPIIS 6.DO RESOLUTION NO. 2004- 348 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION A VROW2004-AR6011 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE ROAD RIGHT OF WAY WHICH WAS GRANTED TO THE PUBLIC BY THE DEED OF EASEMENT RECORDED IN OFFICIAL RECORD BOOK 321, PAGE 277, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, James H. Siesky, Esq., from Siesky, Pilon & Wood, Attorneys at Law, as agent for the petitioner, Tennessee Family Properties, LLC, does hereby request the vacation of the right of way that was granted to the Public by the Deed of Easement recorded in OK Book 321, Page 277; and WHEREAS, the Board has this day held a public hearing to consider vacating said road right of way that was granted to the Public by the Deed of Easement recorded in O.R. Book 321, Page 277, 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 and the Public's Right of Way interests over and across the right of way that was granted to the Public by the Deed of Easement recorded in O.R. Book 321, Page 277, 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 "An attached hereto and incorporated herein. OR: 3690 PG: 0810 17 A 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 ofthis Resolution in the Official Records of Collier County, Florida. This Resolution is adopted this /6 It day of /\/01/ t:?1?)(7/ 2004, after motion, second and majority vote favoring same. DATED: \ H8,of ATTEST: DWIGHT E. BROCK, Clerk BY: Donna hu :".()~Lh~~~"" t;OL -Dc. .~._' ",';(;1'" -,c ,- . .: t '. 1 I : . MtH ~:<_}. ~: . "."tItJ" _. J. , \,.'," "'. ~',-,~.-:"..~:~'(: \.~:~~/ ;, ;1' ~~'J':". . ~. . Approved as to form and legal sufficiency: ~r~--:r, ~<"~ =" J ennt er A. Belpe 1 Assistant County Attorney llem II l'1A =-, \, ~vrD~ ~:d l.l'l~'m OR: 3690 PG: 0811 '- ~ , ~~ ..... ~ '" i i' .~ . Q ~ ~ CI: l!! ~ ~ 0))::- l~ ~ ~~ ... OJ. ~ i :2:13 ~~ :;'0 ::i O::! I It'- ~ I ;i ~ 5i :$ :=5 ~ LOTt BLOCK A w [ SKETCH OF UNPLATTED PARCEL OHIO DRIVE - ""-'-"--"f_ 50.00' RlGHT-OF-WA Y LINE _____ I 100' EXHiBIT "A" SHEET 1 OF 2 AVROW2004-AR6011 ------------- LOT2 BLOCK A ..... ..... ..... m~ --------------3~ ~"" ~~ " ~ LOT 3 BLOCK A -------------- LOT4 BLOCK A 50.00' HIGH 1'OINT$I.II1DWISION Pl.ATJIOOKIPAaeU DA TE:: MA Y 06,2004 53~ & 53~J :!-ru.,. :f~ & :lanuJ. ~~ :.3.~ 10'1/. 6fJ... ..t..............K-iJ. (Jo.. 'fJ~ .K... :f3 SUf .K~ ~~ jQ{02 (239) lO{ - 5965 ... I 1= ;;i, ~ ~ LEGAL DESCRIPTION OF PARCEL OR: 3690 PG: 0812 17 A EXHIBIT "A" SHEET 2 OF 2 A VROW2004.AR60t I That strip of land being fifty feet (50') by three hWlCired and two feet (302') lying West of Lots 1, 2,3 and 4, Block A, Gulf Acres; East of the road right of way for Tamiami Trail (U.S. 41); South of a W esterly e~tension of the Northerly line of Lot I, Block A, Gulf Acres, to the road right of way for Tamiami Trail (U.S. 41); and North of a Westerly extension of the Southerly line of Lot 4, Block A, Gulf Acres, to the road right of way for Tamiami Trail (U.S. 41); according to the plat for Gulf Acres recorded in Plat Book 1, Page 111, Public Records of Collier COWlty, Florida. Naples Daily News Naples, FL 34102 *** OR: 3690 PG: 0814 17 A *** Affidavit of Publication Naples Daily News --------------------------------------------------+--------------------------- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 58949996 912501 NOTICE OF ADOPTION State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Cor~orate Secretary of the Naples Daily News, a da~ly newspaper published at Naples, in Collier Count~, Florida: that the attached copy of advertis~ng was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper ~ublished at Naples, in said Collier County, Flor~da, and that the said news~aper has heretofore been continuously publ~shed in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. 11ft.. ""&70 PUBLISHED' ON: 11/22 AD SPACE: 62.000 INCH FILED ON: 11/22/04 -----------------------------~-------------------+--------------------------- Signature of Affiant L - ---f Swom to and Subscribed. before me this ~~ J~~ of /J '" , 20--""]/ personan y known by me 97f... "'" , ,elf & , -<l k.t'Of ,'-,';.i,\:'lP'"" i-larriett e.Jshong "'~?--.~ -'l:~~ ~1"COM~':SSIOt' i' 11'.''ji'ao H:"- t~<<.,*~f~ " . _, J':"f:"."!.'~;i- ~,~::'q~:,"..- ,,'"