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Resolution 2000-133 178 ..~ RESOLUTION NO. 2000- J.1..L RESOLUTION FOR PETITION VAC 98-008 TO VACATE A PORTION OF HIGHLAND DRIVE ACCORDING TO THE PLAT OF PINELAND-ON-TIIE- TRAIL, AS RECORDED IN PLAT BOOK 3, PAGE 60, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Section 177.101, Florida Statutes and 336.10, Florida Statutes, Robert Duane of Hole, Montes & Associates, as Agent does hereby request the vacation of a portion of Highland Drive; and WHEREAS, the Board has this day held a public hearing to consider vacating said right-of-way 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; and WHEREAS, the petitioner is requesting the vacation of a certain portion of Highland Drive in order to develop the site under a unified development plan. The public benefits are to release the County from any liability and maintenance of the property, and to have the property added to the tax rolls. NOW, TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: See Exhibit "A" 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 Public Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same. DATED: ~'\. \VO .'"ArnST: " ..-DWIGHT-E. BROCK, Clerk " :.:..,:.-. " . : ~'~'~~1-.'"'Iti b.L- " ~I Attest IS to Cflaf,....1 . S108lt. 1" "..Appro"~ as~noRn lmtllegal sufficiency: . "jrypfX"0/:1.. O'~A.~ Marnl Scuderi Assistant County Attorney 2638878 OR: 2678 PG: 1257 mORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL OS/23/2000 at 08:48AM DWIGHT I. BROel, CLERK REC m 15.00 coms 3.00 Retn: CLBlI TO THI BOARD INTEROFFICE 4TH PLOOR m 7240 OR: 2678 PG: z m r m z / / m~>zo m ~ o~o~z~o~ r~z -- oo~ ' ~o m ~z -- ' -- mz>~o 0 C ~ I ~ ~ m~mO~mo~m mm oc z~z~Nz~ ~:Hm{}O >0 ~ m- o~ ~z O? ~m ~m m~z~O m >~ ~m~ ~.~ ~ ~m>, -->~zO~moODo ~_07 <  oiI ~ mo ~ ~ ~ ET~o~ o~ ~> ~ ~ o~ ~, ~ z '~ ~ ~1~ >o=~o~_~ Z~oo=~ o · ~ ~o o~=Z~ ~z~ ~> O~m _ ~ ~<~ ~zo~o>o~ _ o 5 - c ~o~ m>m<m..~ = z ~z~ z~7~ [L ~< ~ o o o ~ ~~=q >~D .. ~ o ~m < ~ ~ m c z m OR' 2678 PG: 1 PA~ I o~: I z c NapLes Daily News Naples/ FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COHMISSIONERS ATTN: TONYA PHILLIPS PO BOx 413016 NAPLES FL 34101-3016 REFERENCE: 001230 000586 58062723 VAC-98-008 NOTICE OF State of Florida County of Collier Before the undersigned authority/ personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples OaiLy News, a daily newspaper published at Naples, in rollLien County, FLorida: that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida/ and that the said newspaper has heretofore been continuously published 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 I 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 publicLion in the said newspaper. PUBLISHED ON: 05/16 Plon ond oCcord- of Pine. 05 Over AD SPACE: 49.000 INCH FILED ON: 05/15/00 .............................................................................. RICORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Signature of Affiant LLX/~/'~c/~/~ .,c~~c(~~ 05/23/2000 at 08:48AM DWIGHT ~. BROCK, CL~RK ~J ~'~ ~ RBC FEB 6.00 Sworn to and Subscrib~ before me th~s .~,~.day of L/ / ~L / 20:.::~ PersonaLLy known by me ~ ~ ~ / / ~ 2638879 OR: 2678 PG: 1260 *** Susan O Flora My Commission CC581717 Expires Dec. 10, 2000 Rein: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 This Instrument Prepared By: William Schweikhardt Attorney at Law 900 Sixth Avenue, South, Suite 203 Naples, FL 33940 The Tax folio Number is 2639345 OR: 2678 PG: 2563 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, 05/24/2000 at 07:42AM DWlGH? E. BROCK, CLERK REC 2EE 15,00 DOC-.70 .70 COPIES 3,00 Rein: CLERK TO THE BOARD IN?EROFHCE 4TH 2LOOR EXT 7240 THE ABOVE SPACE FOR RECORDING INFORMATION UTILITY EASEMENT THIS UTILITY EASEMENT, made and entered into this;p_J_ day of March, 2000, by PHILIP N. KEYES, Individually and as Successor Trustee, whose post office address is 3030 64th St. S.W., Naples, FL 34105, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, and as Ex- Officio the Governing Board of the COLLIER COUNTY WATER-SEWER DISTRICT, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 East Tamiami Trail, Naples, FL 34116 (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS (10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license and privilege for constructing and maintaining utility facilities on the lands located in Collier County, Florida, as described upon the attached Exhibit "A" which exhibit in incorporated herein by reference. Subject to easements, restrictions and reservations of record. THE SUBJECT PROPERTY IS UNIMPROVED NON-HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, excavate, place and remove materials including, but not limited to sewer lines and pipes, appurtenant thereto or thereunder for the purpose of constructing and maintaining utility facilities thereon. IN WITNESS WHEREOF, the Grantor executed these presents on the day and year first above written. Signed, Sealed and Delivered in~lJl~l~resence of: Witness Name: PHILIP N. K~ES, Individu~dly a~ as Successor Trustee STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this git'/ day of March, 2000 by PHILIP N. KEYES, Individually and as Successor Trustee, who produced a Florida dri--~er license as identification and did not take an oath. -~tary Public ~-:' ' 0 000~ ~o 3 0 .~ rn