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Resolution 2009-255 INSTR 4358308 OR 4505 PG 2492 RECORDED 11/3/2009 1028 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 RESOLUTION NO. 09-255 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION V AC-PL2009-651, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A DRAINAGE EASEMENT OVER TRACT "C02", AS DESIGNATED AND ACCORDING TO THE PLAT THEREOF KNOWN AS "SILVER LAKES, PHASE TWO-F", A SUBDIVISION AS RECORDED IN PLAT BOOK 33, PAGES 37 THROUGH 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, SITUATED IN SECTIONS 10 & 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A". WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, Silver Lakes Property Owners Association of Collier County, have requested vacation of a drainage easement over Tract "C02" as designated, and according to the Plat thereof known as "Silver Lakes, Phase Two-F", a subdivision as recorded in Plat Book 33, Pages 37 & 38 of the Public Records of Collier County, Florida, situated in Sections 10 & 15, Township 51 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 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 drainage 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 Otlicial 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, this Jlil1 day of Oc-\vbtr ,2009. 10f2 DATE: IO-W-OOO'1 ATTEST: ',' DWIGHT f:,~C~, ~LERK ,,;,\"'.; .,.......... ",\' ...,1, ,-- ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORiDA (, By: /1 . / i I/{.-.-.>.n.-l.. DONNA FIALA, Chairman ; / '-jr /) -:'~~j j.1:"{/~,,, . ,," .. . ~" " e ' attttt as ' ~ " . 1., . '1~~I, ~:~:';. "}. "11>'\,0' Approved as to form and legal sutliciency: At-- 7. w'~l Steven T. Williams Assistant Collier County Attorney Attachments: EXHIBIT A - Legal Description 2 of 2 III ~ MeANLY ENGINEERING _ AND DESIGN INC. ~ CIVIL ENGINEERING STRUCTURAL ENGINEERING LAND SURVEYING JULY 22, 2009 LEGAL DESCRIPTION EASEMENT TO BE VACATED TRACT C02 SILVER LAKES PHASE TWO F COLLIER COUNTY, FLORIDA BEGINNING AT THE NORTHWEST CORNER OF LOT 39, BLOCK 4, SILVER LAKES, PHASE TWO-F AS RECORDED IN THE LAND RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 33 PAGES 37 AND 38, AND RUNNING THENCE, BINDING ON THE NORTHERLY OUTLINE OF SAID PLAT N89020'37"W 14.38' TO THE NORTHWESTERLY CORNER OF TRACT CR6 AS SHOWN ON SAID PLAT, AND THE POINT OF BEGINNING; THENCE BINDING ON TRACT CR6, S08030'50"W 39.73'; THENCE S37001'261'W 87.19'; THENCE S62048'llllW 54.60'; THENCE N90oQO'OQlIW 60.38' i THENCE N730QQ'4911W 130.38'.. THENCE N21034!4111W 107.081 TO THE NORTHERLY LINE OF SILVER LAKES, PHASE TWO-F; THENCE BINDING ON SAID OUTLINE, S890 20'37"E 331.43' TO THE POINT OF BEGINNING. CONT~INING 11,744 SQ FT OR 0.798 ACRES MORE OR LESS <:..~">:/,'~~" ~,f_ '. ~~ _,,~, D;;S:RI.~"':,I?}!" PREPARED BY " r~//? -: ~~:!-,,~ ! "" ~ ,.;:~. :hJ.. Q" WILLIAM C. M~ANLY P.S. . FLORIDA REGISTRATION NO. 1543 NOT VALID WITHOUT ORIGINAL SIGNATURE NOT VALID WITHOUT RAISED SEAL AVPLAT-PL2009-651 REV: 2 SILVER LAKES PHASE TWO-F DATE: 8/4/09 DUE: 8/18/09 I' ., E.X \-1 '1?1i A r:'~F- 1 "f '2- 5435 PARK CENTRAL COURT, NAPLES, FLORIDA 34109 (239) 593-3299 FAX (239) 593-3298 SKETCH TO VACATION OF SILVER LAKES PHASE NOT ACCOMPANY DESCRIPTION DRAINAGE EASEMENT TWO- F, TRACT C02 A SURVEY SILVER LAKES, PHASE TWO-O 100' FLORIDA POWER AND LIGHT EASEMENT TRACT CR7 1D .... gll: " .. lIlC1ICIMIQ KC1D11!I 331.43 JrtOlIfH1lESTERlY CORNER Of' LOT Jt. SIl'4lt LAIlES, PHASE TWO-F. PI lJ/J1 P,O.C. 35.00' - TRACT "C02- (DRAINAGE EASEUENT) 0.798 AC. +/- P,O,8, ~ .. . o b~ ~ai ",,,, o ~ '" ~ ~ ... 1D .... ~O ~() ^ .. TRACT .CR6. U1 F ~ :<l U1 -- ;== ,," ~ :<l .... > " '" Y' '1l I > U1 '" -< ~ I () '1l I > U1 '" . P.c.P. 11;) ./' <to' / . ':" /' ~"J');/ ~'1>/ / / ../' -< '" -0 I ." 1D .... gill " '" " " " " " " " " '''In'''WA TRACT "CRS" N89'20'J7"W 109.8S' N89'20'J7"W 109.86' 1D .... ~g ^ '" ...... - DIAMOND LAKE CIRCLE 60' RIGHT OF WAY N89'20 37 W 109.86 - GRAPHIC SCALE 60 0 ~ 30 I 60 I 120 I 2'0 I LEGAL DESCRIPTION: ( IN FEET ) I inch = 60 ft. BEGINNING AT THE NORTHWEST CORNER OF LOT 39, SILVER LAKES. PHASE TWO-F AS RECORDED IN THE LAND RECOROS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 33 PAGES 37 AND 38. AND RUNNING THENCE, BINDING ON THE NORTHERLY OUTLINE OF SAID PLAT N89'20' 37"W 14.38' TO THE NORTHWESTERL Y CORNER OF TRACT CR6 AS SHOWN ON SAID PLAT. AND THE POINT OF BEGINNING; THENCE BINDING ON TRACT CR6. S08'30'50"W 39.73'; THENCE S3T01'26"W 87.19'; THENCE S62' 48'11"W 54.60'; THENCE N90'OO'00"W 60,38'; THENCE N73'OO'49"W 130,38'; THENCE N21'34'41"W 107,08' TO THE NORTHERLY LINE OF SILVER LAKES, PHASE TWO-F; THENCE BINDING ON SAID OUTLINE, S89' 20'37"E 331,43' TO THE POINT OF BEGINNING, CONTAINING 34,744 SQ FT OR 0.798 ACRES MORE OR LESS NOTES: ADDRESS: N/A ALL IMPROVEMENTS ARE PROPOSED UNLESS OTHERWISE NOTED ELEVATIONS SHOWN HEREON (IF ANY) ARE BASED ON N.G,V.D. 1929. FIRM, PANEL No. 12021C 0615 G INDICATES THIS PROPERTY IS IN ZONE "AE 7.3 NGVD". BEARINGS ARE BASED ON NORTH LINE OF SILVER LAKES PHASE TWO-F = S89'20'37"E PARCEL CONTAINS 34,744 S.F. (0.798 ACRES MORE OR LESS). THIS SURVEY IS CERTIFIED TO THE DATE OF FIELD WORK AS SHOWN HEREON AND NOT TO THE SIGNATURE DATE, CONTRACTOR/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. (NEW) NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS SHOWN. (EXIST.) NO UNDERGROUND FOOTINGS HAVE BEEN LOCATED EXCEPT AS SHOWN, (EXIST.) THERE ARE NO ENCROACHMENTS EITHER ON OR OFF PROPERTY UNLESS OTHERWISE SHOWN. ONLY EASEMENTS ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. " ~ ,. " ;:: Ex H I efT "A" f~f.. Z of 2. I HEREBY CERTIFY to: SILVER LAKES PROPERTY ASSOCIATION OF COLLIER COUNTY. INC. CONQUEST DEVELOPMENT U.S.A. that on above ground survey of the above described property was made under my direction and that the survey and sketch are accurate to the best of my knowledge and belief. I further certify that this survey meets the Minimum Technical Standards in Section 472.027, Florida Statutes as per Chapter 61G17-6 of the Florida A~~i.nistrative Code. Certification is only for the lands as described. It is not a certification of Title, Zoning, Eosern~pts.nFr~edo,n from Encumbrances or construction set back restrictions. Abstract not reviewed. This Survey is Sl,;L,)Ji!.(;x,tce~rs,emer;~s. restrictions (including construction setbacks) and reservations of record. t..' . _.~:...,~ 1:,;.'i;<","':' CERTIFIC~' or: u!' AUTHORIz'A1':O,j' r;o. LB 6762 McANL Y ENGINEERING D'"'' K,R, CHECKED W,M, NOT VALi'> Lc'S SIG,'c AND E~30SSro WITH SEAL DATE NOVEMBER 26. 2008 wifa C" cA Iy, P.S. M. #1543 AND DESIGN INC, DO 0 ~ PRO.<ED' 86776' . -' /Z':V O~ ENGINEERING. PLANNING. LAND SURVEYlNG r-\.." AND LANDSCAPE ARCHITECTURE ~ SCALE 1ft _ 60' Dot' of Field We"'" ,\JOvaolBER ~j. lOl)jJ 5435 PARK CENTRAL CCMJRT r----\.'\. CORRECTED DIST/\N(;E 7J2i,':l009~ (239) 593_~::iES. FlORtO:AX3~Jg:) 593-3298 I ~ DRAWING SilverLokeVocotweEsmt '.. -y;'.~ <11'("'",,\. fIELD BOOl< 444/39