Resolution 2010-237
RESOLUTION NO.1 0- 237
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
RELATING TO PETITION VAC-PL2010-772, GREG ABRAHAM, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE
PUBLIC'S INTEREST OF AN UNUSED UTILITY EASEMENT
LOCATED OVER A PORTION OF LOT 18 ON THE PLAT OF
ERINWOOD - PHASE ONE, A SUBDIVISION ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 3
AND 4 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, ALL SITUATED IN SECTION 8, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING
MORE SPECIFICALLY DEPICTED ON EXHIBIT "A" WITH THE
CONDITION THAT A TEMPORARY CONSTRUCTION EASEMENT
TO THE WATER-SEWER DISTRICT TO ACCESS THE UTILITY
FACILITIES, UPON REQUEST, WILL BE GRANTED AND RUN
WITH THE LAND.
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WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, Greg
Abraham has requested the vacation of the County's and the Public's interest of an
unused utility easement located over a portion of Lot 18 on the plat of Erinwood _
Phase One, a subdivision according to the plat thereof as recorded in Plat Book 15,
pages 3 and 4 of the Public Records of Collier County, Florida, situated in Section 8,
Township 49 South, Range 26 East, Collier County, Florida, and being more specifically
depicted on Exhibit "A",
WHEREAS, in conjunction with, and as part of Petitioner's request, Petitioner
has agreed to provide a temporary construction easement to the Water-Sewer District
to access the utility facilities, upon request, over the same area that is being vacated,;
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 the 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 of an
unused utility easement as specifically depicted in Exhibit "A" is hereby vacated,
extinguished, renounced and disclaimed, with the aforementioned condition to provide
a temporary construction easement to the Water-Sewer District to access the utility
facilities, upon request, over the same area that is being vacated and this action is
declared to be in the Public's interest and for the Public's benefit and will run with the
land,
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 vacation on the recorded plat as referenced above.
This Resolution adopted after motion, second and majority vote favoring same,
this ---1i- day of 'bee~\o.t..r ,2010.
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ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLoF:irDA,A~;THE'.,,~,.
GOVERNING BODY OF COLUERCOUNTY' '," ~:;
AND AS EX-OFFICIO TBE, GOVERNING n
BOARD OF THE COt4jER, COUNTY ',ij
WATER-SEWER DISTRIC-r:> ' . ,/ " ._;:/J
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FRED W, COYLE, CHAIR
By:
TELEPHONE NO. 866-735-1916 FAX NO. 866-744-2882
EXACTA FL
! 12220 TOWNE LAKE DRIVE, SUITE 55, FT. MYERS, FL 33913
I LEGAL DESCRIPTION OF:
AN 177.48 SQUARE FOOT UTILITY EASEMENT OVER A PORTION OF LOT 18
TO BE VACATED
ERINWOOD PHASE ONE SUBDIVISION, P.B. 15, PGS. 3-4
COLLIER COUNTY, FLORIDA.
LEGAL DESCRIPTION:
SAID EASEMENT BEING LOCATED ACROSS THE NORTHERLY CORNER OF LOT /I /8. ERlNWOOD PHASE ONE SUBDIVISION. AS RECORDED IN THE CLERK OF
COURT5 OFFICE FOR COWER COUNlY, FLORIDA. IN PLAT BOOI(, 15 PAGE 3 AND 4. BEING BOUNDED AND DESCRIBED AS FOLLOWS TO WIT:
COMMeNCING AT A FOINT, 5A1D FOINT "eING THe NOr;::THeRLY CORNeR or LOT 1/ I (:) IN THe AI'ORr:5AID eRlNWOOD rHA5e ONe SU"DIVISION. SAID f'OINT
Al.5O LIES ON THE SOUTHEASTERLY RIGHT OF WAY LINE fORAROOR BLVD. (120 WIDE R/W) AND Al.5O 8EiNG THE 5OlJTHWE5TERLYCORNEROF LOT 15 IN
THE OAl(, COUNTRY AT THE VINEYARDS 5U6DlVI5lON AS Rl:CORDED IN PlAT 600K 25 PAGE f":.7 AND 68. AND Al.5O 8ElNG THE SOUTHWESTERLY CORNER
Of A COWER COUNTY UTIUlY EA5EMENT AS RfCOfWED IN OffIClAl... RfCORD BOOK j 459 PAGE5 l82f":. THROUGH 1830;
THENCE ALONG THE NORTHEASTERLY PROPERTY LINE OF THE AFORESAID LOT 18 AND THE SOUTHWE5TERLY LINE OF THE AFORESAID LOT I 5 AND THE
COWER COUNlY UTILITY EASEMENT 5 56 DEGREES 5/' 07' E, FOR A DI5TANCE OF 10.00 FEET TO THE POINT Of BEGINING OF THE HEREINAFTER
DESCRIBED EASEMENT VACATION,
THENCE CONTINUING ALONG THE 5AME S 56 DEGREE5 51' 07" E. 20.00 FEET TO A POINT,
THENCE THROUGH 5A1D LOT 18. 5 8' DEGREE545' 28" W. fOR A DI5TANCE OF 2f":..98 FEET TO A NON - TANGENT POINT ON THE SOUTHEASTERLY 51DE Of
A I (J WIDE UTILITY EASEMENT,
THENCE ALONG THE 5A1D I (J UTILITY EASEMENT BEING 10 FEET FROM. AND f'ARAU.EL TO. THE AFORESAID RIGHT OF WAY LINE Of ARBOR BLVD. THE
fOLLOWING TWO COURSE5 AND DI5TANCE5;
BY A NON - TANGENT CURVE TO THE LEFT BEING CONCAVE NORTHWESTERLY. AND HAVING A RADIAL BEARING Of N 55 DEGREES 03' 50" W. A RADIU5 OF
495.00 FEET. AN ARC LENGTH OF 15.4f":. FEET, AND HAVING A CHORD BEARING AND DI5TANCE OF N 34 DEGREES 02' 29" E. j 5.4b FEET TO A POINT Of
TANGENCY,
THENCE CONTINUING ALONG THE SAME, N 33 DEGREES 00' 53" E. FOR A DI5TANCE OF 2.38 FEET TO THE POINT Of BEGINNING.
CONTAINING 177.48 SQUARE fEET MORE OR LES5.
SURVEY NOTES:
I. THE BEARlNG5 5HOWN HEREON ARE BASED ON A PLAT BEARING OF 533008'53" W. ALONG THE NORTHWE5TERLY RIGHT OF WAY LINE OF ERIN WAY.
LOCATED IN THE "ERlNWOOD', ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT 0001(, 15, Pgs. 3-4, OF THE PUBLIC RECORD5 OF COWER
COUNlY, FL.
2. THE PROPERTY SHOWN HEREON WAS NOT ABSTRACTED FOR O'M4ER5HfP, RlGHT5-Of-WAY Of OTHER MATTERS OF Rl:CORD BY EXACTA. THl5 5J(.ETCH
DOES NOT REPRE5ENT A AElD SURVEY (fl115 IS NOT A SURVE\1.
3. THI5 5I(,ETCH AND LEGAL 15 NOT VALID WITHOUT THE 51GNATURE AND ORIGINAL RAl5ED 5EAL OF A L1CEN5ED FLORIDA 5URVEYOR AND MAPPER. NO
ADDITION5 OR DELETION5 TO THI5 MAP ARE PERMllTED WITHOUT THE EXPRES5ED WRITTEN CON5ENT OF THE 51GNING PARTY.
4. DIMEN510N5 5HOWN HEREON ARE IN u.s. 5URVEY FEET AND DECIMALS THEREOf.
VAC-PL2010-772 REV:2
115 ERIN WAY
DATE; 6/15/10
DUE: 6/29/10
THIS /5 NOT A SURVEY
NOT VAUD WITHOUT 60TH
SHEETS I .. 2 OF 2
THIS f'lAN MAY HAVE BEEN ENl.AR.GfD OR. REDUCED FROM
INTENDED O/5f'l.AY SCAU: fOR. RU'RODUCTION ~.
4-4-20' 0
l~~
I Q1~ BY .1 ntlD 500(
CERTIfiCATE:
THIS 15 TO ceRTIFY THAT THE SI'ErCH AND lEGAl DI:5CRIf'TION SHOwN
HfRfON 15 ACCURATe AND ~cr TO THE 5f5T OF MY J(NOWlB)GE AND
flfUEF. I I'UFJ11ER cetmFY THAT THIS SI'ErCH AND ILGAl D~PT1ON MEETS
THE MINIMUM TeCHNlCAl5TANDARDS SET I'OIm1 6YTHE I'I.ORIDA WARD or
PRDI'ESSIONAL 5UR~0R.5~D IN ~~ 5-?17. FlORIDA
ADMINI5TRATlVE CODE. j/
~~
KElT A. STEPHENS N .....
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DATE Of SUTQ1,
f'1i:OFE55IONAL 5URIIfYOR AND MAPPER NO. 652 I - 5TATE OF FLORIDA
SHEff I Of 2
TELEPHONE NO. 866-735-1916 FAX NO. 866-744-2882
EXACTA FL
12220 TOWNE LAKE DRIVE, SUITE 55, FT. MYERS, FL 33913
SKETCH OF DESCRIPTION:
AN 177.48 SQUARE FOOT UTILITY EASEMENT OVER A PORTION OF LOT 18
TO BE VACATED
ERINWOOD PHASE ONE SUBDIVISION, P.B. 15, PGS. 3-4
COLLIER COUNTY, FLORIDA.
CI
R=485.00' (P)
A=b4.7G' (1))
CH = N 3G"58' I 9" E (P)
CH =G4.72' (P)
D=07039'04" (P)
C2
R=495.00' (P)
A= I 5.46' (C)
CH = N 34"02'29" E (C)
CH = / 5.4G' (C)
D=01047'23" (C)
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NORTHERNMOST
CORNER. Of
LOTI 8
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TABLE:
If S 33"Ob'53" W I 1 .22' (P)
L2 N 33008'53" E 2.38' (P)
L3 S 8/045'28" W 26.98' (C)
L4 S 5G05 "07" E 20.00 (C)
L5 S 5605 1'07" E 10.00 (C)
LG N 33"08'53" E 2.38' (C)
LOT /8
PLAT BOOK 15 PAGES 3 AND 4
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LEGEND:
P.O.6., , ,..... '., .POINT OF flCGlNNING
P.O.C......., '... .POINT OF COMMENCEMENT
CH. ............. ,CHORD .. CHORD flEARING
U.E. ............. .UTIUlY EASEMENT
P.B.............. ,PlAT 600"
O.R.B.. . . . . . . . . , . .000001Al RECORDS 6001<.
PG5............. ,PAGES
D ,............. ,CENTRAL ANGlE
R. .............. .RADIUS
A...... ...........ARC LENGTH
RIW .... ".,....,.RJGHT Of WAY
c;: , .............. ,CENTERJ.JNE
(P) , ............, .PlAT MEASUREMENT
(C) . .." ,. ,...... .CAlCULATED MEASUREMENT
D. .. P.U.E. , .. .DRAlNAGE .. PtJBUC UTIUlY EASEMENT
COR....., ..,.,....~
50. FT. , .... .... ,5QUARE fEET
B.R. . ........... .BfAIi:JNG REFfRENCE
0' 30'
~
60'
f
90'
I
NOTE,
SEE SHEET j FOR THE LEGAl DE5CRlPTION
OF THE SKETCH GRAf'H1CAll.Y SHOWN
HEREON.
THIS IS NOT A SURVEY
NOT VAllD WITt1O\JT 60TH
5I1EETS I .. 2 OF 2
THIS PLAN MAY HAIlE BEEN ENLARGeD OR REDUCED FROM
INTENDED D15PlAY 5CAlE fOR REPRDDUCTION REASONS.
DAn: Of 5t(fiQ1,
4-4-20 I 0
I'IO.D llO()I;.
CER.T1FtCATE:
THIS 15 TO c:oalr\' THAT ll1f SWOt NID lEGAL lJE5CIllI"l1ON 5H00W
HfREON 15 ACCURATE AND CORRl:CT TO THE 6E5T Of MY ~ AND
aaJC'. Il"Ulm1eR CfIU1l"Y THAT THIS 5I\fTCH AND Ll:GAl. Dr5CRIf'TIOlo/ MffTS
.. ",,,.... """"""~.......,. "" ~ OOMD '"
PROI'E55IONALSURveYO'r.7 ~IN -17.I'I..OODA
ADMINI5TRATIVECODf. K.~'
KEITH A. STEPHENSON
II)
II)
CO
II)
8
f'l<<:lfI:55iON SURveYOR AND MAI'I'eR NO. G52' - 5TAn: Of I't.DRIDA
SHffi 2 Of 2