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Resolution 2023-133 RESOLUTION NO. 2023- 1 3 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 60-FOOT-WIDE RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1639, PAGE 1551, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED APPROXIMATELY 3/4 OF A MILE EAST OF STATE ROAD 951 (COLLIER BOULEVARD) AND A % MILE SOUTH OF MANATEE ROAD, IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20220003815] WHEREAS, pursuant to Resolution 2021-243, Petitioner, Michael Delate, P.E., of Q. Grady Minor & Associates, P.A., on behalf of the property owner, has requested the vacation of the County and the Public interest in the 60-foot-wide right-of-way, drainage and utility easement as recorded in Official Record Book 1639, Page 1551, of the Public Records of Collier County, Florida, located in Section 10, Township 51 South, Range 26 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 invade or violate individual property rights and otherwise qualifies under section 336.09, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County and Public interest in the 60-foot-wide right-of-way, drainage and utility easement as recorded in Official Record Book 1639, page 1551 of the Public Records of Collier County, Florida, located in Section 10, Township 51 South, Range 26 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 of the public records of Collier County, Florida. [Space Intentionally Left Blank] [22-EIS-04670/1796136/1] Page 1 of 2 CAO THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same,this 11th day of July 2023. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE ATTEST: GOVERNING BODY OF COLLIER CRYSTAL K. KINZEL, CLERK COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER . , -',.-. 0-41.441)._ DC COUNTY WATER-SEWER DISTRICT •'• Deputy Clerk ��.044,7;, ��� R�c.r Attest as to;Chairman'ss �'' �,. ,,:,.. -,— 5 nature oni. B Y r Rick LoCastro, Chairman Approved as to form and legality: s> �`,r 0.aa 19 l# ' '',:°0 '•, , ' ,,' ..;:'. sd,ti,isst,10 Derek D. Perry Assistant County Attorney I/ �-C)` Attachments: 1) Exhibit"A" Sketch and Legal Description 2) Exhibit"B" Location-Site Map [22-EIS-04670/1796136/1] Page 2 of 2 iO 1 JM0A3-SZ-ZZ1S7b937 4, H.o13NS\A3AYRSVH8HW) 1/_17V OVO& 1S0O21 - SZ\ZZOZ A3Adf7S 103r021d\A3AdRS\:9 t. 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Z El g Ir' 'VI *I ilt % it J 1 . r - (lS6 2!'S) O20dA31l1o9 213/11o3 E '4' ci4:3 ill _ t g N `�� _ 1 E. 1 w 4 cf m 4 Nap1ri fla llitip„ PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 INSTR 6433473 OR 6272 PG 782 RECORDED 7/27/2023 9:54 AM PAGES 6 CLERK OF THE CIRCUIT COURT AND COMPTROLLER BCC ENGINEERING ENVI RONMENTAL COLLIER COUNTY FLORIDA REC$52.50 3299 TAMIAMI TRL E#700 NOTICE OF PUBLIC HEARING NAPLES, FL 34112-5749 Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m.on July 11,2023, in the Board of County Commission- Affidavit of Publication ers Meeting Room,Third Floor,Collier Government Center, 3299 STATE OF WISCONSIN East Tamiami Trail,Naples,FL,to consider: COUNTY OF BROWN RESOLUTION NO.2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS Before the undersigned authority personally appeared,who OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD on oath says that he or she is the Legal Coordinator of the OF THE COLLIER COUNTY WATER-SEWER DISTRICT,TO DECLARE Naples Daily News,published in Collier County, Florida; A PUBLIC HEARING TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 60-FOOT-WIDE that the attached copy of advertisement,being a Public RIGHT-OF- WAY, DRAINAGE AND UTILITY EASEMENT AS RE- Notices,was published on the publicly accessible website CORDED IN OFFICIAL RECORD BOOK 1639, PAGE 1551, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED AP• of Collier and Lee Counties, Florida,or in a newspaper by PROXIMATELY 3/4 OF A MILE EAST OF STATE ROAD 951 (COLLI- print in the issues of,on: ER BOULEVARD) AND A 1/4 MILE SOUTH OF MANATEE ROAD, IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA.[PL20220003815J A copy of the proposed Resolution is on file with the Clerk to Issue(s)dated:06/21/2023 the Board and is available for inspection. All interested parties are invited to attend and be heard. Affiant further says that the website or newspaper complies All persons wishing to speak on any agenda item must register with all legal requirements for publication in chapter 50, with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 mi- Florida Statutes. nutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item.Written mate- rials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to Subscribed and sworn to before me,by the legal clerk,who the public hearing. All materials used in presentations before is personally Known to me,on June 21,2023: the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involve- ment, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceed- ing. Individuals who would like to participate remotely should register through the link provided within the specific otar , ate of OUnt event/meeting entry on the Calendar of Events on the County y y town website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting 5. / . ^") or any deadline specified within the public meeting notice. Indi- vidualsJ o/ who register will receive an email in advance of the pub- lic hearing detailing how they can participate remotely in this My commission expires meeting. Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical is- sues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willigecollierc ountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and N A N C Y H E Y R M A N evidence upon which the appeal is based. Notary Public If you are a person with a disability who needs any accommoda- tion in order to participate in this proceeding, you are entitled, State of Wisconsin at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, locat- ed at 3335 Tamiami Trail East,Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting Assisted listening devices for the hearing impaired are available in the Publication Cost: $574.00 Board of County Commissioners Office. Ad No:0005736098 BOARD OF COUNTY COMMISSIONERS Customer No: 1303805 COLLIER COUNTY,FLORIDA PO#: 4500209688 RICK LOCASTRO,CHAIRMAN CRYSTAL K.KINZEL,CLERK #of Affidavits 1 By: Merline Forgue,Deputy Clerk (SEAL) This is not an invoice Pub Date:June 21,2023 #5736098 41. ? ap1rs 3tkziIu ? rw PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 OFFICE OF THE COUNTY ATTORNEY 3299 TAMIAMI TRL E#800 NOTICE OF ADOPTION NAPLES, FL 34112-5749 NOTICE IS HEREBY GIVEN THAT ON THE 11th DAY OF JULY 2023 THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND Affidavit of Publication AS THE EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER STATE OF WISCONSIN COUNTY WATER-SEWER DISTRICT, ADOPTED RESOLUTION NUMBER 2023-133, RELATING TO PETITION VAC- COUNTY OF BROWN PL20220003815, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 60-FOOT-WIDE RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT AS RE- Before the undersigned authority personally appeared,who CORDED IN THE OFFICIAL RECORD BOOK 1639, PAGE 1551, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED on oath says that he or she is the Legal Coordinator of the APPROXIMATELY 3/4 OF A MILE EAST OF STATE ROAD 951 (COL- Naples Daily News,published in Collier County, Florida; LIER BOULEVARD) AND A Vs MILE SOUTH OF MANATEE ROAD, that the attached copyof advertisement,beinga Public IN SECTION 10,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. Notices,was published on the publicly accessible website RESOLUTION NO. 2023-133 MAY BE EXAMINED IN THE OFFICE byOF THE CLERK TO THE BOARD, MINUTES & RECORDS DEPART- of Collier and Lee Counties, Florida,or in a newspaper MENT, ADMINISTRATION BUILDING SUITE#401, COLLIER COUN- print in the issues of,on: TY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Issue(s)dated:07/17/2023 RICK LOCASTRO,CHAIRMAN CRYSTAL K.KINZEL,CLERK BY:Martha Vergara,Deputy Clerk Affiant further says that the website or newspaper com lies (SEAL) YP No.5768568 July 17,2023 with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and swom to before me, by the legal clerk,who is personally Known to me,on July 17,2023: idcdpn Notary,State o I, ounty iwn js.a-7 My commission expires Publication Cost: $203.00 Ad No:0005768568 N A N C Y H E Y R M A N Customer No: 1306921 Notary Public PO#: State of Wisconsin #of Affidavits 1 This is not an invoice