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Resolution 2002-250 Retn: CLBRK TO THB BOARD IIITBRomCB 4TH nOOR BXTT240 2990829 OR: 3046 PG: 1225 mORDID In the omCIAL RBCORDS of COLLrBR COUNTY PL 05/31/2002 at 09:39AK DWIGHT Bo BROCK, CLm ' RBC m cams 24.00 5.00 170 RESOLUTION NO. 2002-~ RESOLUTION FOR PETITION AVPLAT2001-ARI587 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 10 FOOT WIDE LAKE MAINTENANCE EASEMENT AND THE 10 FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE REAR OF LOTS 12 AND 13, ACCORDING TO THE PLAT OF "TERRANOVA OF PELICAN MARSH UNIT ONE" AS RECORDED IN PLAT BOOK 34, PAGES 61 THROUGH 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST. . WHEREAS, pursuant to Section 177.101, Florida Statutes, Lisa H. Barnett, Esq., of Cheffy Passidomo Wilson & Johnson, LLP, as agent for the petitioners, Ground Development, Inc. of Florida and Gillian Shepherd, does hereby request the vacation of the 10 foot wide Lake Maintenance Easement and the 10 foot wide Utility Easement located along the rear of Lots 12 and 13, according to the plat of "Terranova of Pelican Marsh Unit One" as recorded in Plat Book 34, Pages 61 through 62, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating the 10 foot wide Lake Maintenance Easement and the 10 foot wide Utility Easement located along the rear of Lots 12 and 13, according to the plat of "Terranova of Pelican Marsh Unit One", as more fully descnbed 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 following be and is hereby vacated, the 10 foot wide Lake Maintenance Easement and the 10 foot wide Utility Easement located along the rear 10 feet of Lots 12 and 13, according to the plat of "Terranova of Pelican Marsh Unit One", as more fully described in: See Exhibit "AU attached hereto and incorporated herein. 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 tnake proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this ~~ day of ~~7 , 2002, after motion, second and .".,~1Y,vote favoring same. I'" 1\. ii'',.' '" <', .">"\~.D'\~ < "~' /; :;?:,'f~~:;;~:B:-OCK' Clerk .-; /-~. (1 '":;'>" c?jk%'- .~f~'" ,,' .', " ..:...;<.,Attelt IS M ChI 11"1III\" " . ;~. ',,:~. "" sfgftlttlrt ...11. roved as 0 f~rm ~;nal u en: ~ Patrick G. White, Esq., Assistant County Attorney BY: Jam . Coletta, Jjt?,yfr.,2 170 OR: 3046 PG: 1226 EXHIBIT A J,.EGAL DESCRIPTIQN EXHlBIT "A" SHEET I OF 4 AVPLAT200I-ARI587 Portion of Lot 12, Terranova of Pelican Marsh, Unit One, Plat Book 34, Pages 61 and 62, Public Records of Collier County, Florida and being more particularly described os follows: BEGINNING at the westerly common property corner of Lots 12 and 13, Terranova of Pelican Marsh, Unit One; thence southwesterly 51.63 feet, along the rear boundary of said Lot 12 and the arc of 0 curve, concave to the northwesterly, through 0 central angle of 05.55'00", having 0 radius of 500.00 feet and being subtended by 0 chord which bears, South 33.08'27" West 0 chord distance of 51.61 feet; thence South 62022'44" East, along the southerly boundary of said Lot 12, a distance of 1 O. 11 feet; thence northeasterly 52.15 feet, along the southeasterly line of a Pelican Marsh Community Development District - Lake Maintenance Easement, (P.M.C.D.D.-L.M.E.) and Utility Easement, and the arc of 0 curve, concave to the northwesterly, being 10 feet from and parallel to the rear boundary of said Lot 12, having 0 central angle of 05051'32", o radius of 510.00 feet and being subtended by 0 chord which bears North 33"00'08" East, a chord distance of 52.13 feet; thence North 65023'17" West, along the northerly boundary of said Lot 12, a distance of 10.05 feet, to the POINT OF BEGINNING. Prepared by: NOTE: See Sheet 2 of 2 for SKETCH OF DESCRIPTION SKETCH OF DESCRIPTION 4- --d~ .-- ~ ~C1 -~T ~___., ~ ~ ~,.. ,fd.$ ~~.. ;., &T 'iP'- ---::1).- ,",",,'~ C.Y' ___ ,p' y}A. ) __ (3 10' lJJ. (,,) ~ (1)\ ~. u.E. '5'5.51 \ ~ -~ \~ ~ _ '05 ~. \. /" 29.'56 \~. ~. \ ,./ ~ \~ \ ,t.\f\e ~ ~ \ ~ ~~ ~~~,\JE \<:6 . ~ ~O\}" 0 tJ. U.E. \~. ~~~~tl.. C.U.E~or\e5 \ ~ \'"" C1' -" f"~oY / ~" igtlt....o ~ NOT A SURVEY B \0 '(11 ~ ~. ... ..., ~ B Curve number 7 Radiu.... 644.00 Delta- 00 39'5,J'" Arc- 7.47 Tangent- :S.74 Chord- 7.47 Chord Brg. 5.2916'og"W. Curve number 2 Radlu.- 251.00 Delta- 04'05'4J'" Arc- 17. 94 TangMIt. 8.97 Chord- 77.94 Chord 8rg. N.2r:s:s', ~ A TRIGO & ASSOCIATES. INC. PBOnssIOlW. LAND stnmm)8S a: PLAMHDS 2223 TRADE CENTER YAY NAPI..I5, nDRlDA 33942 LAND SURVB'YDJG BUSINI:l!IS , 3864 Common troperly corner 0 Lot 12 and 13 B \0 '(11 ~ ~. ,..J> -\ ~ EXHIBIT "AU 1 SHEET 2 OF 4 A VPLAT2001-AR1587 Curve number :s Radlu.- 500. 00 DtJ/ta- 05'55'00'" Arc- 51.6.1 Tangent- 25.84 Chord- 51.67 Chord 8rg. S..J.JT}8'27"W, Curve number 4 Radlus- 510.00 Delta.. 05'5".12'" Arc- 52.15 Tangent- 26.10 Chord- 52. '.1 Chord 8rg. N. .J.JTJO'08"E. DATE : January 21, 2002 DRAWN BY: AT SCALE: N.T.S. SHEET L OF' L F'ILE NO. 01.0144.01 OR: 3046 PG: J21 D ..EXHIBIT A LEGAL.Q.ESCRIPTION EXHIBIT "A" SHEET 3 OF 4 A VPLA T2001-ARI 587 Portion of Lot 13, Terranova of Pelican Marsh, Unit One, Plot Book 34, Pages 61 and 62, Public Records of Collier County, Florida and being more particularly described as follows: BEGINNING at the westerly common property corner of Lots 12 and 13, Terranova of Pelican Marsh, Unit One; thence northeasterly 51.43 feet, along the rear boundary of said Lot 13 and the arc of a curve, concave to the northwesterly, through a central angle of 05.53'38", having a radius of 500.00 feet and being subtended by a chord which bears, North 27" 14'08" East a chord distance of 51.41 feet; thence South 68-23'33" East, along the northerly boundary of said Lot 13, a distance of 10.01 feet; thence southwesterly 51.96 feet, along the southeasterly line of a Pelican Marsh Community Development District - Lake Maintenance Easement, (P.M.C.D.D.-L.M.E.) and Utility Easement and the arc of a curve, concave to the northwesterly, being 10 feet from and parallel to the rear boundary of said Lot 13, having a central angle of 05.50'13", a radius of 510.00 feet and being subtended by a chord which bears South 27"09'16" West, a chord distance of 51.93 feet; thence North 65.23'17" West, along the southerly boundary of said Lot 13, a distance of 10.05 feet, to the POINT OF BEGINNING. Prepared by: No. 2982 1, 2002 NOTE: See Sheet 2 of 2 for SKETCH OF DESCRIPTION )v er''''.J ~o~fl.\~ c:~. ft.f'1fJ fit. t/. u.f,. ~~tl.. C.U.f,~orie5 ~ - 1E '{..,... t....'Ilo'i ~ ~,...c \....0 ~\g" NOT A SURVEY SKETCH ~". ~1f$ ./ 1ft,.C1 i1t11' GE5 9Y ~ ~,,'II ~ ~iiJI' ~ ~j E. yv- ~ .... \,..1V" .--...--- D.O' .-- . p.tJ.C. (z) 20 0' UJ. 1 (~) P .0.8. Common troperty corner 0 Lot 12 and 13 OF DESCRIPTION S.68"23'33-E. 10.01' V'\ '0'\ cP. ~ ~ .. ~ q. .-,:) :.J V'\ 'C"I ~ r::-:;, ~ ~ ~ .. ~ 8 Curve number 1 Radlus- 644.00 De/to- OS'4'4.J- Arc- 58.96 Tangent- 29.SO Chord- 58.!H Chord Brg. O-w. ~ A TRIGO & ASSOCIATES, INC. PROnssJOlUL LAND SURvno81 tit PI..AJtOfaIS 2223 TRADE CENTD WAY HAPLl!:S. J'lDRIDA 33942 LAND SURVB'YDfG BUSINIS8 , 3884 *** OR: 3046 PG: 1229 *** EXHIBIT "A" 17 SHEET 4 OF 4 AVPLAT2001-ARl Curve number 2 Rodlus- SOD. 00 Delto- OS"53':J8- Arc- SI.43 TangMt- 2S.74- Chord- 51.41 Chord Brg. N.2774 'OS-E. Curve number 3 RodiU$- 510.00' Delto- 05"50'73- Arc- 51.96' Tangent- 26.00' Chord- 51.93' Chord Brg. 5.2ro9'76-W. ~ NOT A PART OF THIS PLA T DATE : January 21, 2002 DRAWN BY: AT SCALE: N.T.S. SHEET L OF L FILE NO. 01.0311.01 170 Below is a list of all property owners within 250' of current easement at rear of Lots #12 and #13 of Terranova Unit One Subdivision Owners Name, Address and Zip Code Parcel # I Lot' Terranova Lawrence Tomchin # 73130100269 Lot #11 2875 Needmore Road Dayton, OH 45414 Terranova Peter A. and Mimi C. Gregory # 73130100227 Lot #09 9033 Terranova Drive Naples, FI 34109 Terranova Patrick W. and Sandra Meggs # 73130100201 Lot #08 2045 Mont Claire Drive #201 Naples, FI34109 Terranova Ground Development. Inc of Florida # 73130100243 Lot #1 0 6967 Verde Way Naples, FI 34108 Terranova Ground Development. Inc of Florida Lot #53 6967 Verele Way # 73130100324 ~Naples, FI34108 Terranova Ground Development. Inc of Florida # 73130100340 Lot #54 6967 Verele Way Naples, R 34108 Terranova Ground Development. Inc of Florida # 0001777121702 Phase II 6967 Verde Way Naples, R 34108 NA Pelican Marsh Golf Club, Inc. # 66679495446 1210 Pe,.,immon Drive Naples, FI 34109 # 60695000468 Muirfield David S. and Carol J. Pohlman Lot #16 208 Carlyle Lake Drive Saint Louis, Me 63141 Muirfield James V. and Anita T. Davia # 60695000484 Lot #17 815 Forest Hills Dr. Nashville, TN 37220-2101