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Resolution 2006-254 RESOLUTION NO. 06- 254 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVPLAT-2006-AR-9422, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A 10-FOOT DRAINAGE EASEMENT LYING WITHIN LOT 1, PLAT OF "LEL Y BAREFOOT BEACH UNIT 2" AS RECORDED IN PLAT BOOK 15, PAGE 71-72 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS FURTHER DESCRIBED IN EXHIBIT 'A'. WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioners, American Engineering Consultants of Marco Island and Louise Penta, have requested the vacation of a portion of a ten-foot wide drainage easement lying within Lot 1, according to the plat of "Lely Barefoot Beach Unit 2", as recorded in Plat Book 15, Page 71-72 of the Public Records of Collier County, Florida, and as specifically described in Exhibit 'A'; and WHEREAS, the Board has this day held a public hearing to consider Petitioners' request, 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 the property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the utility easements as specifically described in Exhibit 'A' is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. BE IT FURTHER RESOLVED AND ORDERED 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. I! This Resolution adopted after motion, second and majority vote favoring same, this LA&- day of B(lpte,}JJJe,~ ,2006. DATE: q:...~ -C14 ATTEST: ~~ E. B~ ' CLERK 'r ..ILl ~(.;n ( ~Attest u 1rau . S1onlt.... on 1- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ..~ ~ _____ FRANK HALAS, CHAIRMAN Approved as to form and legal suffi e cy:, r" ht t Collier County Attorney V ACA TION OF DRAINAGE EASEMENT DESCRIPTION A PARCEL OF LAND LYING WITHIN LOT 1, PLAT OF "LELY BAREFOOT BEACH UNIT TWO", AS RECORDED IN PLAT BOOK 15, PAGES 71 AND 72 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, PLAT OF "LELY BAREFOOT BEACH UNIT TWO" AS RECORDED IN PLAT BOOK 15, PAGES 71 AND 72, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA RUN N03"14'35"E ALONG THE WESTERLY LINE OF SAID LOT 1, FOR 38.26 FEET TO THE POINT OF BEGINNING; THENCE RUN N16"08'27"W FOR 28.03 FEET TO A POINT WHICH IS 1 0 FEET FROM (AS MEASURED ON THE PERPENDICULAR) THE WESTERLY LINE OF SAID LOT 1; THENCE RUN PARALLEL WITH THE WESTERLY LINE OF SAID LOT 1, N37'02'40"W FOR 41.81 FEET; THENCE RUN PARALLEL WITH THE WESTERLY LINE OF SAID LOT 1, NOS 14'35"E FOR 44.98 FEET TO A POINT WHICH IS 1 0 FEET FROM (AS MEASURED ON THE PERPENDICULAR) THE WESTERLY LINE OF SAID LOT 1; THENCE RUN N 16"08'27"W FOR 30.13 FEET TO THE POINT OF BEGINNING. BEARINGS BASED ON THE SOUTHERLY LINE OF SAID LOT 1 BEARING S74"51 '05"E (PLAT). CONTAINING 309.7 SQUARE FEET MORE OR LESS. PREPARED BY: AMERICAN Et~GINEERING CONSULTANTS OF MARCO ISL.A.ND, INC. L.B. #7419 dhMA' ;r?Ad ~ote: 2/Z~ THOMAS PATRICK SERBU, FOR THE FIRM I , PROFESSIONAL SJRVEYOR AND MAPPER STATE OF FLORiDA REGISTRATION NO. LB 4744 AVPLAT-2006-AR- 9422 REV: 1 PENTA, LOUISE Project: 2006030055 Date: 3/20/06 DUE: 4/03/06 1 OF 2 r American Engineering Consultants "" of Marco Island, Inc, 573 Bald Eagle Dr. Morca Is.. Florida 34145 Phone:(239) 394-1697 Fax:(239) 394-7571 Drown By. KAS Dote: 01-31-06 Job Number: 10376-001-01 Scale: 1"=20' Field Book: FILE Drawing File: VACATE-ESMT ~ "A' ~)(H.\ bl T NOT A SUR\4EY. SKETCH Of EASEMENT DESCRIPllON ~ [II] = 10' DRAINAGE EASEMENT TO BE VACATED /\\ r~ 1'"]\ 0+ I L c) T YJ ~'\, /';,"7 0(j~ J /''- ()/0 1\ rY,':-/ r--..,'-..JV) '-....,' \-.J v '\ ' <:: I Q ...~... ~~ ('. ~ n-.'\ ~ '" V .~ 'V Q ,.," ~ ^' Q't- .",<0 (;/ ~. () ",,,,<0 v~~0 ^'- '\ .Qv ~ <D ....I U Cl. ~ i5 .!lI '0 c: :1 :i Cl. r-.. N .;0 ~ ~ ~ N N N a, !t u :i u >- w '" (j) I >- ::;; (j) w W >- <( u <( :;- 9 ;; o .b r-.. '" ~ <i5 r-.. '" o 6 o '" ~ o ;; 0; .0 g.. -'; \ \ \ \ \ \ \ \ :~,Rmrrfo~r ,~.~:;'~ ~~, -- -- / / -- -- SKETCH OF EASEMENT DESCRIPTION SECTION 8. TOWNSHP 48 SOUTH, RANGE 215 EAST N ~o 1::. 'X. '"'-, l,)lL( ~o \ t"" (1\ t"" ..t. LELY BAREFOOT BEACH UNIT TWO \ (PLAT BOOK 15, PAGES 71 & 72) LOT 1 \ \ \ \ \ \ I I I -- S S74':5-- __ OUTHER 7'OS"E __ L Y LiNE 94.89' __ LOT 7 LOT 2 -- (BASIS 01'" -- "'::::'RINGS) American Engineering Consultants -- f-- of Marco Island, Inc" 573 Bald Eagle Dr. Marco Is.. Florida 34145 Phone:(239) 394-1697 Fax:(239) 394-7571 I Drown By. KAS Dote: 01-31-06 Job Number: 10376-001-01 Scale: 1"-20' Field Book: FILE Drawln<] File: VACATE-ESMT Gl (1\ 7 ~(') Q-:s:. ':$) "OGl "~O ~C t"" (1\ , 7 ':$) \ 0 ~ \I N o o o o 30' ~ P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COlAMENCElAENT R - RADIUS t!. - CENTRAL ANGLE L - LENGTH CB - CHORD BEARING C m CHORD T m TANGENT Ci. - CENTERLINE R/W - RIGHT OF WAY 2 OF 2