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Resolution 2007-114 17D RESOLUTION NO. 07.J.ll A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVPLAT-2007-AR-11255, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A LAKE MAINTENANCE EASEMENT IN THE REAR OF LOT 39, OF AVIANO AT NAPLES, A SUBDIVISION AS RECORDED IN PLAT BOOK 43, PAGES 67 THROUGH 71 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING PARTICULARLY DESCRIBED IN EXHIBIT 'A'. WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner, Toll Brothers, Inc., has requested vacation of a portion of a lake maintenance easement in the rear of Lot 39, Aviano at Naples, a subdivision as recorded in Plat Book 43. Pages 67 through 71 of the Public Records of Collier County, Florida, situated in Section 18, Township 49 South, Range 26 East, Collier County. Florida, as specifically described in Exhibit 'A'; and WHEREAS, the Board has this day held a public hearing to consider Petitioner's request. and notice of said public hearing was given as required by law; and WHEREAS, the granting of Petitioner's request will not adversely affect the ownership or right of convenient access of other property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in a portion of a lake maintenance easement 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 piat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this ~ day of ~ ,2007. r I',.;, DATE: .:>/9(07 ATTEST: DWIG,HT E. ROC ,CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA . By: J . ".,:: Approved as to form and legal sufficie I By: Jeff E. Assista ...........,."'" ......- .,......., ....,............ "",,,,,,,-., .....""'.... . ~f;:_ ~8~ .....~ = ., ~ -:;.<0' -;OC"""., = - ~ ~~ ~~ g:' ,.p. ~o = ...,.~ ,.... ~..". CJ"'\ :~;: ('.....> ~~~ roe ;;:;: c=> ~"- :::c:r f.;~ -- .-;>;;;:':~ ~'". ::i f'.....) ...... <> l'J ~:: ---3 ""'u t-c;II ~~:: G"") r-...... .. ~~ ~ <.? r: ....-> ~ ..s.~ :-' (..-..) r>:<-> ~~ TRACT "L-1" (LAKE, L.M.E. & D.L) 17 D ~ 4 POINT OF COMMENCEMENT N.E. CORNER OF LOT 39 -~. )500'25'02"E ~ . 19.35' 'POINT OF BEGINNING 0 ". ",. I"""""""""" SCALE IN FEET 38 37 w --" I -'I '~:j '" N89'34'58"E 55.00' 55.00' 589'34'58"W / / / : NOO'25'02"W 0.65' 500'25'02"E 0.65' 40 39 w 0; oL "0 AVIAKO at RAPLIl8 =\!\"" EJUOI< r.L), P AGCS G 7 - 7'1 I ------1-- '" N AVIANO DRIVE (TRACT "R" - R/W, D.E., A.E., I.E., P.U.E., & C.U,E.) '" N ! " DESCRIPTION: A PORTION OF LOT 39 OF AVIANO AT NAPLES, ^ SUBDIVISION AS RECORDED IN PLAT BOOK 43, PAGES 67 THROUGH 71 OF THE. Pt.;BLlC RECORDS OF COLLIER COUNTY, FLORIDA, SITUA1ED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR!DA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM!oJE~C[ AT THE NORTHEAST CORNER OF LOT 39 OF AVIAND AT NAPLE:..S, A SUBDIVISION AS R::CORDEJ IN PLAT BOOK 43, PAGES 6l THROUGH 71 OF THE PUBLIC RECORDS OF COLLIER COUdY, FLORIDA, SITJATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLliER COUNTY, FLORIDA, AND RUN SOUTH 00'25'02" EAST ALONG n..E CAST LINE o~ SAID LOT 39. A DISTANcr OF 19.35 FrTT TO THE POINT OF BEGINNING: THENCE. CONTINUE SOUTH 00'25'02" EAST AI_ONG THE. EAST LINE OF SAID LOT 39. A DISTAt\CE- OF 0.65 ;:-EET; THENCE SOUTH 89'34'!:l8" WEST PARALL[L WITH THE NORTH ~iNE OF SAID LOT J9, A DISTANCE OF 55.00 FEET; ,HENCE NORTH CO"25'02" WLST ALONG THe: WEST LINE. OF SAID LOT 39, A D!STANCE OF O.6j F[CT; TI-"ENCr.: NORTH 89'.14'58" EAST PARAun W,TH THE I\ORTH LINE OF SAID LOT J9. A DISTANCE OF 55.00 FEET TO THE SAID POINT Of- BEG!NNING. , o ~ . o " . f z' ~ ~ CONTAINING 35.75 SQUARE FEET OR 0.0008 ACRCS, MORE OR LESS. ~ ~ LEGEND: ~ RjW'" RIGHT-OF- WAY b O.R. '" OFFICIAL R;::CORDS ~ U.L. -.- unuT'T' EASE'-4ENT " D,E ~ DRAINAGE EASE~ENT 1. L~ = IRRIGATION EASEMENT " ~SN" ~.~.~. - ~:~:'~:~:TE3NC:~: i~~i~i~; ., A.E. ~ ACCESS EASE~[NT p.U.E '" PUBLIC UTILITY EASE~ENT ____ C,U,[ ~ COUNTY UTILITY EASE~EtH 0; SURVEYOR'S CERTIFICATION: Forlh"exclus:veuseof' NOT~S: 1. THIS IS NOT A SURVEY 2. BEARINGS ARE BASED ON THE SOUTF 1I1\E OF SECTION 18 AS BEING S.89'34'20"W. 3. SUBJECT 10 EASEMENTS, RESE.RVA1l0NS AND R[STRICTIONS or RECORIl c.~.)' \-:._'h _____ B;~:1~;;;;;-~-;Fi~';-LB/I64i)---- ProfessloflallafldSurveyor norido Certificate No. 5365 Dale Sign"d: .:--l-~l"-:!.:.~j--; Not volld wilhou1 th ~ignotu'" and th.. orlqinol raised seal ofa Florioa lic"ns"d Surveyor and Mapper ]OHNSC. N SKETCH AND DESCRIPTION 2350STANf-()I-lDCOURT NAPLES. FLO~IO" .H' 12 PrlCNE (239) 434-0J3J fAX (2J9) 434-9320 LB, '642 &: LB, 1642 DATE S/j[ET 2/2001 I OF 1 ENGINEERING ><- ><- ><- = = .... "-' "-' -... >U "" = "-' .... .... ><- ,.. ,..