Resolution 2023-134 RESOLUTION NO. 2023- 13 4
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY
AND THE PUBLIC INTEREST IN A PORTION OF THE
PLATTED 10-FOOT DRAINAGE EASEMENT LOCATED
ALONG THE EAST BORDER OF THE SOUTHERLY
PORTION OF LOT 28, HOLLY TERRACE, AS RECORDED
IN PLAT BOOK 4, PAGE 64, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, LOCATED IN
SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA. [PL20220005685]
WHEREAS, pursuant to Resolution 2021-243, Petitioner, Heather Smallwood, of
Custom Homes By Kaye, Inc. d/b/a Kaye Lifestyle Homes, on behalf of the property owner, has
requested the vacation of the County and the Public interest in a portion of the 10-foot drainage
easement located along the east border of the southerly portion of Lot 28, Holly Terrace, as
recorded in Plat Book 4, Page 64, of the Public Records of Collier County, Florida, located in
Section 23, Township 50 South, Range 25 East, Collier County, Florida, being more specifically
shown in Exhibit"A", attached hereto; and
WHEREAS, the Board of County Commissioners, on this day, held a public hearing to
consider the petitioner's request and notice of said public hearing was given as required by law;
and
WHEREAS, the granting of the petitioner's request will not affect the ownership or right
of convenient access of persons owning other parts of the subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and Public
interest in a portion of the platted 10-foot drainage easement located along the east border of the
southerly portion of Lot 28, Holly Terrace, as recorded in Plat Book 4, Page 64, of the Public
Records of Collier County, Florida, located in Section 23, Township 50 South, Range 25 East,
Collier County, Florida, being more specifically shown in Exhibit "A", is hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the public interest
and for the public benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby
directed to record a certified copy of the Resolution in the Public Records and to make proper
notation of this Resolution on the plat of Holly Terrace, as recorded in Plat Book 4, Page 64, of
the public records of Collier County, Florida.
[Space Intentionally Left Blank]
[22-EIS-04754/1795204/1] Page 1 of 2
CA0
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same,this the 11th day of July 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
•
510011414"144 C• By: 62:6
W i Deputy.Clerk Rick LoCastro, Chairman
Attest as to Cjiairmatgs
signature onia
Approved as tat xrn_and •legality:
By:
Derek D. Perry 11,Assistant County Attorney \/1/
Attachments:
1) Exhibit"A" Sketch and Legal Description
2) Exhibit"B" Location-Site Map
[22-EIS-04754/1795204/1] Page 2 of 2
H:\2022\2022606\BOUNDARIES\20226(6 VACATE 1.dwg 2/2/2025 9:15:49 AU Platted by.KoceyShroager
LOT 28, NORTH 1/2 EXHIBIT A
N (P.D. 4, PG. 64)
j N 89'29'48" E 61.92' (D)
0 10 20
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10.0'
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_ D.E.
w la LOT 28
cci SOUTH 1/2 U)
HOLLY TERRACE
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o POINT OF
S 89'42'53" W 81.76' (D) COMMENCEMENT
SE CORNER OF
LOT 28
*NOT A SURVEY*
DRAWN BY: DATE. 950 Encore Way DRAWING NO.
JNH 11/1/2022 Naples, FL. 34110 SKETCH AND LEGAL H-1950-2
SHEET b OF SHEET PROJECT NO.
1 2 Phone: (239) 254-2000 2022606
A Florida Certificate of
SEC-TWN-RCE HOL!!ONTE Authorization No.1772 HOLLY TERRACE FILE NAME ,A
23-50-25 ErGE:SINS.".*-.ArilEtTSTKA;iAFIEYIN 2022606 VACATE I.
H:\2022\2022606\BDDNDARIES\2022606 VACATE i.dwg 2/2/2023 9:15:49 AM Plotted by HoceyShrouger
FXIIIBT A
CURVE RADIUS DELTA ANGLE CHORD LENGTH CHORD BEARING ARC LENGTH
C 1 50.00' 16'16'54" 14.16' S 45'32'10" E 14.21 '
LINE BEARING DISTANCE
L1 N 89'42'53" W 10.00'
LEGAL DESCRIPTION
ALL THAT PART OF THE SOUTH HALF OF LOT 28, HOLLY TERRACE, ACCORDING TO THE MAP
OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 64, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 28; THENCE RUN N00°36'40"W ALONG
THE EAST LINE OF SAID LOT 28, FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING;
THENCE LEAVING SAID EAST LINE, RUN N89°42'53"W, FOR A DISTANCE OF 10.00 FEET; THENCE
RUN NOO'36'40"W, FOR A DISTANCE OF 129.03 FEET TO A POINT OF CUSP ALSO BEING THE
BEGINNING OF A NON—TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 50.00
FEET, THROUGH A CENTRAL ANGLE OF 16°16'54" AND BEING SUBTENDED BY A CHORD OF 14.16
FEET AT A BEARING OF S45°32'10"E, FOR AN ARC LENGTH OF 14.21 FEET TO A POINT ON THE
EAST LINE OF SAID LOT 28; THENCE RUN S00°36'40"E ALONG SAID EAST LINE, FOR A
DISTANCE OF 119.16 FEET TO THE POINT OF BEGINNING.
CONTAINING 1236.18 SQUARE FEET OR 0.03 ACRES, MORE OR LESS.
'````HOLE MONIES, INC. J.
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CERTIFICATE OF AUTHORIZATION NUMBER LB 1772
6278
Digitally signed by o STATE OF
� ohr�."Helton so:,.FLORIDA:��oQ.
�i -,_' Z023.02.02 �.,,../Surveyor
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BY „ .; LS6278
JOHN ...Hilc'1" N (32 7a STATE OF FLORIDA
� • *NOT A SURVEY*
DRAWN BY DATE 950 Encore Way DRAWING NO.
JNH 11/1/2022 Naples, FL. 34110 SKETCH AND LEGAL H-1950-2
SHEET b OF SHEET Phone: (239) 254-2000 PROJECT NO.
2 2 Florida Certificate of 2022606 r,
SEC-TWN-RGE HOLE Authorization No.1772 HOLLY TERRACE FILE NAME
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